Portage Bay Recovery Partnership
Questions and Answers
What is this Partnership all about?
The focus of this Partnership is re-opening the Portage Bay shellfish beds. These were closed in the late 1990s and bacteria in the water from dairy farms was most likely a primary cause. The reopening of the beds in mid-2000s showed the effectiveness of new dairy farm regulations but when the beds were closed again in 2014, many believed it was because dairy farms were again to blame. Water quality monitoring showed there are multiple causes including significant contamination from Canada, as well as stormwater runoff from our cities and septic systems. This Partnership enables farmers and the Lummi Nation to work together to ensure that any contamination from dairies is minimized while we also work together to address other sources of bacteria contamination affecting the shellfish beds.
How did it come about?
The announcement by Lummi leaders in 2015 that attorneys had been retained to sue dairy farms put an immediate halt to efforts of farmers and the Lummi Natural Resources Department to negotiate a long term agreement on water quality and access to water for farming. Since then, intense discussions have proceeded about the potential litigation, the responsibility of farmers for contamination and efforts to secure shellfish bed re-opening.
Why does the agreement include money and how much money is involved?
As part of the discussions Lummi leaders demonstrated the financial harm to the shellfish harvesters. Farmers are naturally sympathetic to this harm because they see shellfish harvesting as a form of farming and can relate to the inability to harvest. They also recognized that years of standard farming practices prior to the 1998 Dairy Nutrient Management Act caused water contamination that contributed to the shellfish bed closures in the mid-2000s. The contribution from farmers is also an important part of the tribe’s agreement not to proceed with litigation against farmers and recognizes the high cost of legal defense even if the courts find in favor of farmers. All parties agreed that funds involved in resolving this issue are better spent on recovery and compensating financial losses rather than in pursuing and defending against litigation. Money provided includes an initial payment of $450,00 provided by farmers and the dairy industry due at the time of signing and an additional $150,000 provided after signing. Funds specific to restoration of shellfish beds will be raised jointly as part of the Partnership from a variety of sources, including public funds.
Where is the money coming from?
A variety of sources including state and county public funds as well as from local farmers and the dairy industry as a whole. This is appropriate as it recognizes that the state and community also have an interest in this and a role to play in protecting water quality. Farmers and the dairy industry have incentive to ensure that dairy farms protect water even as they produce food for consumers. Farmers, through Whatcom Family Farmers are working with state and county officials to support this fund.
How will the Partnership help restore the shellfish beds?
First, it provides assurance that dairy farm contributions will be minimized by the development of individual farm plans developed jointly with representatives of the Lummi Nation. These are called Water Quality Improvement Plans. Second, it provides a mechanism that enables farmers and the Lummi Nation to work together to address other sources of contamination. Together, unified farmers and the tribe can work with government officials at the state, county and perhaps even international level to better understand sources, bring public attention to the importance of protecting water quality and directly address the various causes such as urban stormwater, septic systems and Canadian contributions.
How will individual farm plans be developed and why would other farmers support this?
The support of other farmers to participate in the development of these plans will be determined largely by the success of the initial plans. Clearly farmers in this difficult economic environment cannot survive significant additional costs. Farm plans will take into consideration current management practices and regulations and will determine if additional actions by farmers will be needed to minimize water contamination. By far the majority of farmers are very responsible stewards and are open to ways they can improve. Farmers who resist reasonable approaches to improving protection need to better understand how protecting water is critical for the future of farming in this community.
How does the agreement prevent lawsuits against dairy farmers?
Litigation under this agreement will be prevented providing the parties to the agreement continue to operate in good faith. This provision provides a strong incentive to farmers to work constructively with the Lummi Nation on all provisions of the agreement.
If this is phase one of the Partnership, what is phase two?
Phase two begins with the inclusion of other farmers into the agreement signed by these individual farmers. The goal is to include most if not all dairy farmers in the Partnership. But getting there will depend on good faith efforts on the part of both parties. This includes reasonable protective measures in the farm plans and effective cooperative work in addressing non-farm contamination. It also involves demonstrating that by working together, farmers and the Lummi Nation can accomplish considerably more in dealing with various government entities than we can by opposition and antagonism.
What does this mean for the future?
Lummi leaders and farm leaders both understand that there are important shared interests at stake. It is very important to Lummi members that their tribal treaty rights are respected and that they have the opportunity to offer their children the culture, traditions and way of life the Tribe has enjoyed for millennia. Farmers, similarly, want to be able to share their culture, traditions and farms with their children and the next generations. This agreement and Partnership demonstrates that these leaders believe their interests can best be served by maintaining local control and working together rather than through the courts or government decisions. This is a first step toward what the signers are hoping will prove to be a permanent partnership able to effectively deal with the difficult issues facing farming and fishing in a rapidly growing and urbanizing area.
How will the Partnership operate?
Details are still being worked out. The current plans are for the four farmers and four Lummi Indian Business Council members who negotiated the details of the agreement will serve as the initial board for the Partnership. Whatever the final structure, it will be operated jointly by the Lummi Nation and Whatcom farmers.
Questions and Answers
What is this Partnership all about?
The focus of this Partnership is re-opening the Portage Bay shellfish beds. These were closed in the late 1990s and bacteria in the water from dairy farms was most likely a primary cause. The reopening of the beds in mid-2000s showed the effectiveness of new dairy farm regulations but when the beds were closed again in 2014, many believed it was because dairy farms were again to blame. Water quality monitoring showed there are multiple causes including significant contamination from Canada, as well as stormwater runoff from our cities and septic systems. This Partnership enables farmers and the Lummi Nation to work together to ensure that any contamination from dairies is minimized while we also work together to address other sources of bacteria contamination affecting the shellfish beds.
How did it come about?
The announcement by Lummi leaders in 2015 that attorneys had been retained to sue dairy farms put an immediate halt to efforts of farmers and the Lummi Natural Resources Department to negotiate a long term agreement on water quality and access to water for farming. Since then, intense discussions have proceeded about the potential litigation, the responsibility of farmers for contamination and efforts to secure shellfish bed re-opening.
Why does the agreement include money and how much money is involved?
As part of the discussions Lummi leaders demonstrated the financial harm to the shellfish harvesters. Farmers are naturally sympathetic to this harm because they see shellfish harvesting as a form of farming and can relate to the inability to harvest. They also recognized that years of standard farming practices prior to the 1998 Dairy Nutrient Management Act caused water contamination that contributed to the shellfish bed closures in the mid-2000s. The contribution from farmers is also an important part of the tribe’s agreement not to proceed with litigation against farmers and recognizes the high cost of legal defense even if the courts find in favor of farmers. All parties agreed that funds involved in resolving this issue are better spent on recovery and compensating financial losses rather than in pursuing and defending against litigation. Money provided includes an initial payment of $450,00 provided by farmers and the dairy industry due at the time of signing and an additional $150,000 provided after signing. Funds specific to restoration of shellfish beds will be raised jointly as part of the Partnership from a variety of sources, including public funds.
Where is the money coming from?
A variety of sources including state and county public funds as well as from local farmers and the dairy industry as a whole. This is appropriate as it recognizes that the state and community also have an interest in this and a role to play in protecting water quality. Farmers and the dairy industry have incentive to ensure that dairy farms protect water even as they produce food for consumers. Farmers, through Whatcom Family Farmers are working with state and county officials to support this fund.
How will the Partnership help restore the shellfish beds?
First, it provides assurance that dairy farm contributions will be minimized by the development of individual farm plans developed jointly with representatives of the Lummi Nation. These are called Water Quality Improvement Plans. Second, it provides a mechanism that enables farmers and the Lummi Nation to work together to address other sources of contamination. Together, unified farmers and the tribe can work with government officials at the state, county and perhaps even international level to better understand sources, bring public attention to the importance of protecting water quality and directly address the various causes such as urban stormwater, septic systems and Canadian contributions.
How will individual farm plans be developed and why would other farmers support this?
The support of other farmers to participate in the development of these plans will be determined largely by the success of the initial plans. Clearly farmers in this difficult economic environment cannot survive significant additional costs. Farm plans will take into consideration current management practices and regulations and will determine if additional actions by farmers will be needed to minimize water contamination. By far the majority of farmers are very responsible stewards and are open to ways they can improve. Farmers who resist reasonable approaches to improving protection need to better understand how protecting water is critical for the future of farming in this community.
How does the agreement prevent lawsuits against dairy farmers?
Litigation under this agreement will be prevented providing the parties to the agreement continue to operate in good faith. This provision provides a strong incentive to farmers to work constructively with the Lummi Nation on all provisions of the agreement.
If this is phase one of the Partnership, what is phase two?
Phase two begins with the inclusion of other farmers into the agreement signed by these individual farmers. The goal is to include most if not all dairy farmers in the Partnership. But getting there will depend on good faith efforts on the part of both parties. This includes reasonable protective measures in the farm plans and effective cooperative work in addressing non-farm contamination. It also involves demonstrating that by working together, farmers and the Lummi Nation can accomplish considerably more in dealing with various government entities than we can by opposition and antagonism.
What does this mean for the future?
Lummi leaders and farm leaders both understand that there are important shared interests at stake. It is very important to Lummi members that their tribal treaty rights are respected and that they have the opportunity to offer their children the culture, traditions and way of life the Tribe has enjoyed for millennia. Farmers, similarly, want to be able to share their culture, traditions and farms with their children and the next generations. This agreement and Partnership demonstrates that these leaders believe their interests can best be served by maintaining local control and working together rather than through the courts or government decisions. This is a first step toward what the signers are hoping will prove to be a permanent partnership able to effectively deal with the difficult issues facing farming and fishing in a rapidly growing and urbanizing area.
How will the Partnership operate?
Details are still being worked out. The current plans are for the four farmers and four Lummi Indian Business Council members who negotiated the details of the agreement will serve as the initial board for the Partnership. Whatever the final structure, it will be operated jointly by the Lummi Nation and Whatcom farmers.