Native Americans Get Recognized, Finally

[edsofish]

Here is the Commission decision on the Native American vs. MLPAI controversy.



Commission Approves Kashia Pomo Proposal to Amend Marine Reserve

by Dan Bacher

(Folsom) The California Fish and Game Commission today voted unanimously to approve an emergency regulation that will again allow the Kashia Band of Pomo Indians to harvest seaweed, shellfish and fish as they have done for thousands of years.

Under new regulations that went into effect on May 1 under the Marine Life Protection Act (MLPA) Initiative, the tribe was banned from subsistence and ceremonial gathering in the newly created Stewards Point Marine Reserve.

With some minor changes, the Commission approved the tribe’s proposed regulation that would amend the existing Marine Protected Area for the Stewarts Point Marine Reserve. The proposed changes would create a small shoreline State Marine Conservation Area (SMCA) within the existing reserve.

The tribe proposed that the SMCA’s boundaries would be generally from the mean high tide line to 100 yards offshore, and from the northern boundary of the existing reserve to just below Rocky Point, approximately four miles south.

However, the DFG recommended that, in conformance with existing regulations, the buffer zone should be 1,000 feet rather than 100 yards and be in a straight line. Reno Franklin and other tribal leaders at the meeting and Scott Williams, the tribe’s lawyer, agreed to this change.

“This is a big victory for the tribe,” said Franklin after the vote. “This is a rare thing we did here today.”

To my knowledge, this is the first time that tribal fishing and gathering rights have been formally recognized in the creation of a MPA under the MLPA Initiative – and the first time that an already adopted marine reserve has been amended to allow for tribal subsistence and ceremonial use.

According to the tribe’s proposal:

• The State Marine Conservation Area (SMCA) would be given the Kashia name for that location: “Danaga State Marine Conservation Area.”

• All commercial take of living resources would be prohibited.

• Recreational take of living resources from shore would be authorized consistent with other applicable laws.

The proposed conservation area would comply with science guidelines in that it would leave in reserve status an approximately three-mile shoreline stretch to the southern boundary of the existing reserve, as well as most of the near-shore kelp bed for the entire 7 mile span of the Marine Protected Area and the vast bulk of the nearly 25-square mile reserve.

The proposal also conforms to enforceability guidelines in that there exist visible markers of the boundaries of the conservation area.

Franklin emphasized the importance of the reopening the Stewarts Point Area to ceremonial and subsistence fishing and seaweed gathering by the tribe.

“The Kashia began on the coast,” Franklin stated. “Danaga is the place where we believe the tribe first stepped on the earth. It has tremendous significance for our tribe. We are a very traditional tribe that still speaks our language, follows our culture and respects our elders and follows their direction.”

When tribal leaders heard that the new reserve was going to prevent the tribe from harvesting seaweed shellfish and fin fish off their traditional areas, Franklin said they were very disappointed.

“The new regulations didn’t take into account the 10,000 years we have gathered off this spot,” he said. “This is a piece of who were are.”

Both sportfishing groups and environmental organizations, who have often clashed over the MLPA process, supported the amendments.

“I’m here to support the tribe’s proposal,” said Jim Martin, Marine Life Protection Act (MLPA) Program Outreach Coordinator for Mendocino County and the West Coast Director of the Recreational Fishing Alliance.

“However, you as a Commission had the option last year to adopt 2XA, a proposal that would have left this area open to the Kashia Pomo," Martin reminded the Commission.

Kaitlin Gaffney of The Ocean Conservancy and Karen Garrison of the Natural Resources Defense Council (NRDC) also spoke in support of the amendment. They sent a joint letter in support of the proposal to the Commission on June 9.

“We view the Kashia’s proposed amendments as a thoughtful and balanced approach to resolving an unintended conflict between the existing Stewart’s Point SMR and traditional havest grounds important to the tribe,” Gaffney and Garrison wrote. “The Kashia carefully crafted their proposed amendments to address tribal concerns while also complying with the goals of the MLPA, the science guidelines contained in the MLPA Master Plan Framework, Department of Fish and Game feasibility guidelines and the interests of the California State Parks.”

Commissioner Michael Sutton, who made the motion for the proposal, said it would have been preferable for the proposal to have been made during the MLPA process. However, he referenced a letter from three members of the North Central Blue Ribbon Task Force – Catherine Reheis-Boyd, Bill Anderson and Meg Caldwell – who said that this issue was not considered by the task force at the time and recommended that it be considered now.

“Accordingly, we consider it appropriate for the Commission to consider this specific issue de novo,” the letter stated.

“The science guidelines are sacrosanct in the MLPA process and this proposal doesn’t affect the ability to meet those guidelines,” said Sutton.

This emergency regulation amendment will go now to the Office of Administrative Law for approval. Adrianna Shea of the Fish and Game Commission said this would probably take 30 days to be approved.

The adoption of this amendment by the Commission wouldn’t have been possible without the historic blessing ceremony, hosted by landowner Arch Richardson off Stewarts Point on April 30, that brought media and public attention to the injustice against the tribe.

Tribal elders Violet Chappell and her sister Vivian Parrish Wilder presided over the ceremony that drew 145 people, including members of the Kashia Pomo and other California Indian Tribes, recreational anglers, seaweed harvesters and environmental justice advocates, to thank and bless the ocean for the food it has provided to native peoples for thousands of years.

“This food was created by our creator - we treated it with care and respect,” said Chappell. “We are here to say respect us for our food - don’t close this area down because it’s part of our religion. I don’t think the Fish and Game Commission would be allowed to close down a Catholic Church, would they?

For more information and to view photos of the event, go to Violet Wilder's facebook page, "KEEP THE NORTHERN CALIFORNIA BEACHES ACCESSIBLE FOR THE COASTAL TRIBES" (KEEP THE NORTHERN CALIFORNIA BEACHES ACCESSIBLE FOR THE COASTAL TRIBES | Facebook).

[zimo]

I am happy for the Pomos victory. I want to be included in this ceremonial gathering of sustanace for my religious beliefs. I treat it with care and respect also. New to the coast only 50 years here.

[polepole]

Recreational take of living resources from shore would be authorized consistent with other applicable laws.

So did they just open up a part of Stewart's Point MPA to recreational take?

-Allen

[arch]

Hmm....Now two years ago we were told NO RIBBON. We were told that there would be NO SPECIAL TREATMENT FOR LANDOWNERS OR NATIVE AMERICANS. And we fought Katlin and Karen for how many years? I think I do remember speaking on behalf of the Kashia tribe for over 3 years...and yes to deaf ears. The tribal gathering on May 30th was an eye opener to all. But they and all have to remember that all the land in questions adjecent to this special area is private property...permission to trespass is required by the landowner. And as far as I go...escrow on my fathers ranch will close on the 29th...Don't even own ocean front property any more...130 years of owner ship goes into others hands. Yes 2XA was the way to go.................

[edsofish]

Allen, I am not sure and the statement is unclear. We will have to wait for the language in the regulations. My guess it is not going to inclulde recreational but if it does include recreational harvest, it will be an enforcement nightmare. What is puzzeling to me is they didn't create a special designation, such as my suggestion of a State Marine Cultural Area, to uniqely identify the particular use of this MPA designation. That is what is confusing and raises the question, "Will this MPA include take other than cultural?"

Arch, you did a great thing having the gathering on May 30th. However the stars and the moon aligned to make it happen was very eye opening to many people, including myself. I applaud the efforts of you and Cate throughout this entire process and hold you both in the highest regard.

You are correct about ribbons and special treatment not being recognised in the process and the debate that ensued. So now the question is, will the new landowners, and we both know who they are, allow access to the MPA?. This also brings to question, why was Stewart's the only MPA to get this designation and what about the other study regions and their MPA's that have simular interests?. Again, why didn't the Commission create the new designation I mentioned earlier to identify this special use?

I would be interested to hear from the wardens on this one as far as enforcement goes. I guess if tribal use is prearranged with informed wardens it would work well but if the MPA is open to use 24/7 then there could be some difficulties with enforcement regarding the general public seeing tribal interests being performed and thinking the MPA is open to all. Perhaps the use of SMCA is going to include public as well as tribal use. Time will tell.

Anyway, I am very happy the Commission found merit and gave the proper recognition to the native tribal interests and their traditional role in the stewardship of our California resources. It was the right thing to do and they did it. Kudos to them. I just hope it wasn't some cleaver move to bolster support for the MLPAI in the public eye knowing there is a possibility that land access to the MPA will be prohibited in the future.

I had to laugh at Mr. Sutton's use of the word sacrosanct regarding the science used in the process. How anyone can claim science based ecosystem management was used to create and finalize MPA's in the process is laughable. As you stated, 2/XA had the best solution for everyone and actually met the science guidelines that no other proposal was able to do, yet, in the end, as we all know, it is POLITICS that rules the roost, not science. Oh Well.................

[Sleeter]

I read it as open to recreational take.

[arch]

Ben....I too, believe it is open to recreational take. Keep in mind that most of the area opened with this special designation is neighbored by private lands. The Non-Profit which is purchasing my fathers ranch does not plan to open it to public access at this time. "Management by the landowners" is still a very important and needed in regulating the access and the resources. If I have anything to do with the policing of our ranch or any of our family's ranch there will be rules for all...and they will be stricter than present state rules. No over grazing of these pastures!!! It will be interesting to see how the Dept. is going to handle boat traffic within this new area...divers and boat fisherman. Although I think they used the word "shorebased." Time will tell and I will scream load if and over harvest is observed. I have no mercy!!

Interesting questions Ed about other areas? Will this trigger a chain reaction. I advised the tribe to speak for all areas and all tribes within the state...It's obvious that they were only thinking about the Kashia Tribe...Sad, as greed will be the end of it. Selfish not shellfish! (now wasn't that cute) The final wording will set the rules, so we will just have to wait for it and read carefully.

I'm really surprised about all the support that came forth for this tribal proposal...when 3 years ago only a hand full were listening to me. Thanks again to all that helped and all the good people Cate and I met while working with the 2XA team....You are all real people ;-)

[SBD]

How do we join the tribe?

[edsofish]

I hear you have to walk 20 ft. across burning hot coals with a kayak on both shoulders while looking at a picture of MC. Remember our old pal MC? LOL

[SBD]

And as far as I go...escrow on my fathers ranch will close on the 29th...Don't even own ocean front property any more.

That is the worst ending ever....bummer

I hear you have to walk 20 ft. across burning hot coals with a kayak on both shoulders while looking at a picture of MC

Im Hawaiian so the coal thing is no biggie. :) Who's MC???