Protecting Water Quality Through Tribal Treaty Fishing Rights: An Analysis of Idaho’s Fish Consumption Rate

Abstract

Salmon remain an integral part of culture, religion, and subsistence for tribes in the Pacific Northwest, which, unsurprisingly, results in more salmon consumed by tribal members than other groups in the area. Because of this increased consumption, human health impacts from toxins in the fish are higher for tribal populations. Fish consumption rates are set as a part of Water Quality Standards under the Clean Water Act, in order to protect human health. This article addresses whether the Columbia River tribes can use their treaty fishing rights to require more stringent water quality standards in Idaho. This article asserts that tribal treaty rights include a right to the protection of human health. If eating salmon in traditional quantities is dangerous, this is a violation of tribal treaty fishing rights. As such, there is an obligation to regulate water quality in Idaho at more stringent levels to protect tribal treaty rights and the health of tribal. Ultimately, this article concludes that tribal treaty rights include not only the right to allocation and abundance of resources, but also the right to the protection of the quality of those resources.