Northwest Indian Fisheries Commission 

6730 Martin Way E., Olympia, Washington 98516-5540 

Phone (360) 438-1180 www.nwlfc.org FAX# 753-8659 

Mr. Dennis McCierran 

Regional Administrator 

United States Environmental Protection Agency 

Region 10 

1200 Sixth Avenue Suite 900 

Seattle, WA 98101 .. 

Dear AJ~r Mclerran: 

August 24, 2012 

On behalf of the Northwest Indian Fisheries Commission (NWIFC) and its member tribes, we write to 

express our deep dissatisfaction over the Department of Ecology's (Ecology) recently announced 

changes to the adoption of revised fish consumption rates (FCR) in Washington State. While we strongly 

support Ecology's decision to begin development of human health-based criteria in the surface water 

quality standards, we are disturbed by the planned revisions to the technical support document and 

sediment management standards. We view the state's abrupt change in course as a prioritization of 

industry concerns over protection of human health and tribal treaty rights. Ecology's newly adopted 

strategy will slow progress in the development of a more accurate fish consumption rate and obscures 

the positive results we have jointly accomplished during the last several years, leaving the resolution of 

this issue to a vague stakeholder process and the uncertainty of future state administrations. For this 

reason, the tribes request your agency's engagement in the development of a FCR for use in setting 

water quality standards that is protective of tribal peoples, and their rights and resources. 

The ultimate purpose of fish consumption rates is to protect human health. No one questions the fact 

that Washington's current fish consumption rate is not accurate. Tribes acknowledge the difficulty of 

adopting and implementing revised standards, and have engaged in and supported extensive 

governmental and stakeholder processes. Tribes are also mindful of and committed to the economic 

health of our region- however we will not prioritize economic gain for some over the health of our 

people or the environment that sustains us and our economies. 

Tribal governments in western Washington are particularly frustrated with Ecology's change in course as 

they have committed significant effort over the last two years, working with Ecology to present the 

science and build a responsible and meaningful path forward. Initially tribal work focused on 

establishing a FCR as part of the state's water quality standards. Ecology, bracing for the industry 

push back they knew would occur, forwarded a time line delaying the work of water quality rule 

development and proposed prioritizing the development of a technical support document and rule-
making for the state's sediment management standards. Tribes were initially reluctant to accept this 

shift in emphasis, but eventually agreed to support these efforts based on a commitment from Ecology 

that the sediment management standards would ultimately speed the development of human health 

criteria in water quality standards. Now Ecology has reversed course again without any prior discussion 

with the tribes. 

The tribes were repeatedly assured by Ecology that, at a minimum, the state would complete revised 

FCRs in the technical recommendations and in the sediment management standards before the 

completion of the current state administration's term. Unfortunately, Ecology's new approach nullifies 

these assurances and commitments. Ecology has removed a default FCR from the sediment 

management standards, and has delayed the completion of the Technical Support Document on Fish 

Consumption Rates-stripping the document of important summary results and conclusions. This 

pathway is completely contrary to commitments made to tribes as recently as the June 2012 Centennial 

Accord meeting at Suquamish. 

The continued delay leaves the residents of Washington exposed indefinitely to inadequate and 

inaccurate standards for the protection of human health, with tribes at particularly high levels of risk. 

This delay also leaves Washington's water quality standards noncompliant with the basic mandates of 

the Clean Water Act, which require water quality standards to be set at levels protective of human 

health. The tribes are deeply disappointed at the abrupt change in course that Ecology has taken and 

the lack of tribal consultation in making these decisions. 

The fish consumption rate issue has become a remarkable illustration of why the treaty tribes in western 

Washington have developed the "Treaty Rights at Risk" initiative as a call to action. State agency 

processes are not able to accomplish the work necessary to protect tribal people, their homelands or 

the resources on which their rights and cultures depend. The tribes require that the Federal 

Government carry out its obligation to tribes to protect tribal treaty rights by using federal statutes and 

authorities to establish a FCR for use in setting water quality standards. 

Tribes are now looking to the Environmental Protection Agency for further engagement on the 

establishment of accurate and protective fish consumption rates in Washington State in a timely 

manner. Ecology, tribes, and others have invested years of work to develop an accurate and 

scientifically sound default FCR with poor results to date. We would like to request a meeting with you 

and the tribal representatives of our fish consumption leadership /oversight group in September to 

discuss options for EPA to help move fish consumption rates forward expeditiously in the state of 

Washington. 

Tribes remain steadfast in their commitment to revise fish consumption rates in the state's water quality 

standards, and they remain willing to work collaboratively with the state as long as tangible progress is 

being made. However, it is clear that active engagement by federal agencies such as yours will be 

necessary to make this happen. Should you have any questions regarding this request, or wish to 

further discuss this matter, please do not hesitate to contact me directly or Fran Wilshusen, 

fwilshus@nwifc.org. 
Thank you for your continued leadership on this important matter. 

Sincerely, 

Billy Frank, Jr. 

Chairman 

cc: Tribal Chairs 

NWIFC Commissioners 

Bob Perciasepe, EPA