Finding Common Ground: Negotiating Downstream Rights to Harvest with Upstream Responsibilities to Protect—Dairies, Berries, and Shellfish in the Salish Sea

Abstract

Harvesting shellfish is an important cultural and economic activity for coastal Indigenous communities throughout the Salish Sea. However, for the Lhaq’temish People of Lummi Nation, upstream agricultural pollution has rendered this inherent right impossible for almost two decades. In an attempt to reopen the shellfish beds, Lummi Nation leaders developed the Portage Bay Partnership, which aims to address the upstream pollution problem through relationship building and shared connection to place. The partnership brings to light several key points: (1) efforts to integrate different community views of place to develop a relational approach to shared water governance, (2) the use of legal tools to incentivize relationship building, and (3) the continued challenges associated with competing governance frameworks and worldviews. This partnership opposes a system that has been set up to systemically exclude or disenfranchise Indigenous communities, replacing a governance model based on acquired rights with one that prioritizes relationships and responsibilities.

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