Dear Administra~cLerran, ,/ 

Phone(3S0)466-3163 

Fax(360)466-5309 

A rQI!QIIIIi~ R!XO'i)nitodl~eion Tribe V'\:•l' 100 P~i!n! {Q 25 V.S.C. § •r6 

11404 Moorago Way 

La Conner, Washmgton 98251.00 l i 

August 24,2012 

As the Chairman of the Swinomish Indian Tribal Community, I am writing to express our Tribe's 

deep disappointment regarding the Washington State Department of Ecology's (Ecology) abrupt 

change of course which effectively stalls all progress made to date in revising key Washington 

State regulations- regulations that are currently grossly out-dated and sorely inadequate in 

protecting human and environmental health 

The Water Quality Standards (WQS) and the Sediment Management Standards have sat 

unchanged for far too many years with important components, such as the fish consumption rate 

(FCR), markedly less protective than the defensible science that Ecology itself has acknowledged 

would support. Swinomish views Ecology's actions as yet another example of why the Treaty 

tribes are spurred to act on the "Treaty Rights at Risk" initiative. Ecology has essentially halted 

the work required to more adequately protect our water, our resources, our health and our way 

of life. 

On behalf of the Swinomish Tribe, we respect and are pleased with both your commitment, as 

well as the Administrator's commitment on these important matters, As the Chairman, 1 am 

requesting that our federal trustee address the much-needed revisions to Washington 

regulations. ln particular, we seek the authority of EPA in promulgating higher FCRs into 

Washington's Water Quallty Standards and Sediment Management Standards. We understand the 

complexity of the situation, and look to the sound regional and national leadership and expertise, 

as well as the mission and authority of the agency to guide the next steps. 

The Swinomish are a fishing community, who has relied upon the water, land~ and resources to 

sustain the harmony for our tribe since time immemorial. Our deeply-seeded connection to our 

local natural resources goes far beyond subsistence needs; they are part of our culture and 

identity as a people. These connections are not a thing of the past, they are alive and strong 

today Yet our way ofllfe cannot continue without regulations in place that protect the health of 

our natural resources. and the health of our people. In fact, the health of all Waslungtonians will 

be better protected by implementing a higher, more realistic FCR 

Swinomish does agree with Ecology's decision to begin development of human health-based 

criteria in the surface WQS; however. we are concerned with Ewlogy's intended alterations to the 

September 2011 draft Fish Consumption Rates- Technical Support Document and also with the 

Sediment Management Standards "site specific" language. The Technical Support Document has 

already undergone review, with common grounds established, and we do not agree that the 

dacument should need to go through yet another two year review by stakeholder's whose 

motives may not be to protect the human health of Washington citizens, 
The Technical Support Document should be published as it currently reads, representing one of 

the few measurable steps forward Ecology will have undertaken In this Administration. In 

addition, the new track to employ "site specific" standards for sediment is simply a slap in the face 

of the years of research and discussion undertaken by Ecology, Tribes and Stakeholders regarding 

setting State·wide standards .. 

Further more, Ecology's action impacts not only our local and regional approach, but also impacts 

the national movement on protecting human health. The discussion of fish consumption rates has 

not only been a regional priority for EPA, Washington State, Tribes and stakeholders, but has 

been a national priority for the past two EPA Administrators, the Office of Water, and the Office of 

Research and Development, as well as the US National Environmental Justice Advisory Council. as 

shown in the November 2002 Fish Consumption and Environmental Report. 

So for the State to kick the can down the road by adding yet another lengthy process by 

developing new forums and planning efforts just affectively slows the progress of developing a 

true flsh consumption rate beyond the scope of the current administration. This approach 

obscures the concrete results of work accomplished over the last two years opting for the 

vagueness of process and the uncertainty of future administrations, and continues to allow the 

human health of Washington Citizens, as well as my tribal members, to be in jeopardy. 

Moreover, any mention of economic hardsh1ps as reasoning for delaying revisions to 

Washington regulations improperly pits health against jobs and obscures the real issues. The 

Swinomish have endured poverty for many years, and even today Swinomish has an 18% 

unemployment rate, much higher than Washington State. Yet I w!ll always say that l would 

never commit to a dollar gain over the health and wellbeing of my people or the resources 

that have sustained Swlnomish for over 10,000 years. I refuse to make decisions that are 

short-sighted, as my sacred responsibility as a leader, father, and grandfather is to ensure a 

healthy and safe place for generations to come. 

In conclusion, Ecology's newly announced plans rescind their commitment to have an updated 

FCR in place by the end of the current Administration. The net result is that the State will nut 

establish a default FCR in either the Technical Document or regulations by the end of the tenn. 

The delay leaves Washington's Water Quality Standards noncompliant with the basic mandates of 

the Clean Water Act, which require WQS to be set at levels protective of human health. 

Swinomish is committed to promulgating a more protective FCR in the State's WQS, and to ensure 

it is incorporated into the Sediment Management Standards. We value our federal trustee, and 

understand these matters are one of the most important issues being addressed by you, as well as 

Administrator jackson. Swinomish respects the EPA's commitment from the Tribal Leaders 

meeting with Administrator jackson on June 2012, and we seek the leadership of you both. 

Should you have any questions regarding this request, or wish to further discuss this matter, 

please do not hesitate to contact me directly, or Debra Lekanof, dlekanof@swinomish.nsn.us 

Sincerely, CkkA"'~~ 

M. ~'-" Brian Cladoosby, ~-~--~ Chairman :L~=~-- -~· Swlnomish Indian Tribal Community 

cc: NWIFC Tribal Chairs and Commissioners 

Bob Perciasepe, Deputy Administrator, EPA