Abstract

This article focuses on the prevention of future habitat losses. Part I explores flaws in how existing law deals with habitat protection and outlines alternative policies to improve it. Part II charts the decline of the Puget Sound salmon fishery and discusses the scientific support for the conclusion that habitat protection and restoration is a central element in restoring it. Part III considers how effective administrative action and related endangered species litigation are likely to be as means of protecting habitat. Since Native American tribes face very severe harm from the fishery's potential destruction, Part III also explores their distinctive legal authority to protect it. The article concludes that Native American treaty fishing rights could be a powerful tool for compelling federal, state, and local governments to preserve habitat for the salmon fishery. Part IV shows that adopting comprehensive federal legislation to resolve these conflicts would nevertheless be the best course of action.

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