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Posts Tagged ‘Recreational Anglers’

DAN BACHER, IndyBay.org, September 1, 2010

In a great show of unity between Tribal members, recreational anglers, commercial fishermen and environmentalists, the 33 members of the Regional Stakeholder Group for Governor Arnold Schwarzenegger’s Marine Life Protection Act (MLPA) Initiative on August 31 adopted one unified proposal for marine protected areas (MPAs) stretching from Point Arena in Mendocino County to the Oregon border.

The North Coast stakeholders were the first ever to develop a single consensus proposal under the controversial, privately funded process. In the Central Coast, North Central Coast and South Coast regions, environmental NGOs and fishing groups supported separate proposals.

The proposal will be submitted to the MLPA Blue Ribbon Task Force for review at before their October 25-27 meeting at the Fortuna River Lodge. The final proposal will then go to the Fish and Game Commission for final approval at their meeting in Sacramento in December.

“Everyone talked about a unified community proposal at the beginning of the MLPA process, but I wasn’t expecting to pull it off,” said Adam Wagschal, Humboldt Bay Harbor, Recreational and Conservation District Conservation Director, in a news release from Cal Oceans, a coalition of three environmental NGOs. “Sure enough though, everyone came together and we did it. It’s a great accomplishment.”

Tribal representatives also applauded the adoption of a unified proposal that allows for traditional tribal fishing and gathering rights. The stakeholders meeting was preceded by a historic protest in Fort Bragg on July 21 where over 300 Tribal members from 50 Indian nations, recreational anglers, commercial fishermen, immigrant seafood industry workers and environmentalists peacefully took over an MLPA Blue Ribbon Task Force meeting in defense of tribal fishing and gathering rights.

“There was significant progress by the stakeholders in coming together to create a unified proposal that protects tribal rights,” said Megan Rocha, Acting Self-Governance Officer of the Yurok Tribe. “The stakeholders did the best they could in respecting tribal gathering and fishing rights. Now this issue will go to the state of California and tribes to work it out at the next level.”

Rocha emphasized that every MPA proposal includes language to allow continued tribal uses in marine protected areas. In certain areas, the stakeholders also included language allowing for co-management between the tribes and the state.

Over the past few months, the initial set of MPA eight proposals was whittled down to four. The Regional Stakeholder Group (RSG), including Tribal leaders, recreational anglers, commercial fishermen, harbormasters, divers, seaweed harvesters, business leaders and conservation representatives found enough common ground to develop one final proposal.

“The stakeholders took a strong position affirming tribal rights,” said Rocha. “It was unbelievable how committed the stakeholders were to making sure that tribal rights were respected. All of the tribes really appreciated that support.”

The proposal will result in about 13% of the North Coast region being restricted or closed to fishing and gathering, versus 16-20% in other regions of the state.

Representatives of conservation groups applauded the effort, despite some concerns that the plan may not fully meet the scientific guidelines laid out for the MLPA process.

“Everyone made sacrifices to get to this point,” said Jennifer Savage, Ocean Conservancy’s North Coast Program Coordinator. “We started out with a number of significant differences regarding needs and desires, but ultimately our respect for each other and willingness to work together enabled us to develop a plan we can all send forward.”’

The plan includes three “State Marine Reserves,” zones completely closed to all fishing, just south of Cape Mendocino, about a mile offshore of the Mattole River and along an area west of Petrolia. Another MPA along Samoa allows for Dungeness crab, chinook salmon and smelt fishing. The MPAs include two areas to the south of Redding Rock, one allowing fishing and the other a no-take zone.

Recreational and commercial fishermen also praised the development of a single proposal.

“I’m happy that we came up with a single proposal,” Tim Klassen, captain of the Reel Steel charter boat out of Humboldt Bay, told the Eureka Times Standard on August 31, “and hopefully we’ll keep our fate in our own hands.”

Despite the adoption of a unified proposal for the North Coast, significant concerns about the overall MLPA process remain.

Fishermen, Tribal members and environmentalists are concerned that the MLPA process under Schwarzenegger has taken oil drilling, water pollution, wave energy development, habitat destruction and other human uses of the ocean other than fishing and gathering off the table. The MLPA would do nothing to stop another Exxon Valdez or Deepwater Horizon oil disaster from devastating the California coast.

MLPA critics have also blasted the Governor for appointing an oil industry lobbyist, a marina developer, a real estate executive and people with conflicts of interest on the Blue Ribbon Task Forces that develop the marine reserves.

Many are puzzled whey Catherine Reheis-Boyd, the president of the Western States Petroleum Association, is allowed to make decisions as the chair of the BRTF for the South Coast and as a member of the BRTF for the North Coast, panels that are supposedly designed to “protect” the ocean, when she has called for new oil drilling off the California coast.

Many fishermen and environmentalists are also concerned that a private corporation, the Resources Legacy Fund Foundation, is privatizing ocean resource management in California through a Memorandum of Understanding (MOU) with the DFG.

Nonetheless, the development of a unified marine protected area (MLPA) proposal on the North Coast is a great victory for fishermen, Tribes, seaweed harvesters, environmentalists and other stakeholders in the MLPA process. Rather than being “divided and conquered” by the Schwarzenegger administration as has happened elsewhere in the MLPA study regions, they chose to work together and overcome their differences to develop a consensus proposal.

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Dan Bacher, July 24, 2010

In a historic protest on July 21, members of dozens of California Indian Tribes and their allies marched through the streets of downtown Fort Bragg protesting the violation of indigenous fishing and gathering rights under Governor Arnold Schwarzenegger’s Marine Life Protection Act (MLPA) Initiative.

“This is the biggest protest on any issue held on the North Coast since the Redwood Summer of 1990,” said Dan Hamburg, former North Coast Congressman and a current Green Party candidate for Mendocino County Supervisor, as he marched beside me on the way to the MLPA Blue Ribbon Task Force meeting in Fort Bragg.

Members of the Yurok, Tolowa, Cahto, Kashia Pomo, Karuk, Hoopa Valley, Maidu, Hopi, Navajo and other tribes and the Noyo Indian Community shouted “M.L.P.A. – Taking Tribal Rights Away” and other chants as they marched. Recreational anglers, commercial fishermen, seaweed harvesters, environmentalists, sea urchin divers and seafood industry workers walked side by side with tribal members in a show of solidarity.

Alongside tribal flags, participants hoisted banners with slogans including “Keep Away MLPA,” “Native Conservation, Not Naive Conservation,” “No MLPA,” “ MLPA=Big Oil,” and “RLF – What Are You Funding.”

The group peacefully took control of the task force meeting in a great example of non-violent direct action. After rallying at Oak and Main Street, over 300 people walked a half-mile to the C.V. Star Community Center. Just before heading into the meeting, tribal community members standing twenty deep chanted, “No Way M.L.P.A.!” to the MLPA Blue Ribbon Task Force (BRTF) members convened inside.

“Our message was clear: the state will no longer impose its will on indigenous people,” said Frankie Joe Myers, organizer for the Coastal Justice Coalition and a Yurok Tribal ceremonial leader. “This is about more than a fouled-up process that attempts to prohibit tribes from doing something they have done sustainably for thousands of years. It is about respect, acknowledgement and recognition of indigenous peoples’ rights!”

Before the group began their march, they spent an hour holding signs and chanting on the corner of Oak and Main Streets as driver after driver honked their horns in support.

“The outpouring of support from the Fort Bragg community was amazing,” said Jim Martin, West Coast Director of the Recreational Fishing Alliance. “It was clear that the majority of people supported our protest. Some people were driving around several times so they could honk in support again.”

After the protesters entered the meeting, tribal elders, including Walt Lara of the Yurok Tribe, said they would continue to do what they have done for centuries – harvest seaweed, mussels and fish.

“We’ve managed the ocean in sustainable way for thousands of years,” Lara stated. “We only take what we need so that nobody should be hungry. You take our water, you take our land and now your are going to take our appetite.”

Thomas O’Rourke, the chair of the Yurok Tribal Council, said, “We as an Indian Nation have the right to manage our resources. The people who have managed for the last 200 years haven’t done so well in managing the land and our coast.”

“It is wise to listen to the people who managed these lands for thousands of years,” he continued. “We believe in protecting species. We will continue to exercise our right to harvest seaweed and fish as we always have. You have to take us to jail until you go broke and you fix this law.”

The Yurok Tribe has a representative, Megan Rocha, on the MLPA’s Regional Stakeholder group. However, O’Rourke said the MLPA process has viewed tribes exactly the same as recreational fishermen, even though tribes are sovereign nations.

“There is nothing more offensive than the lack of recognition we have received from the Initiative,” he stated. “We are a sovereign government within the State of California and should be treated accordingly. We would like the Blue Ribbon Task Force to do what is morally right and remove tribes from this inappropriate process.”

Jimbo Simmons, a Choctaw Tribe member and a leader of the American Indian Movement, emphasized that numerous laws, including the American Indian Religious Freedom Act and the UN Declaration of Human Rights, affirm the right of indigenous people to conduct their traditional religious ceremonies including traditional ocean food gathering. “Food is a human right,” he stated.

“Our tribal rights are not negotiable,” Dania Colegrove, Hoopa Valley Tribe member and a member of the Coastal Justice Coalition, told the task force. “Get used to it!”

Some Tribal members and fishermen at the protest questioned the task force’s real motives in kicking indigenous people and other fishermen off the ocean.

Susan Burdick, Yurok Elder, pointedly told the Blue Ribbon Task Force that “You are like the Ku Klux Klan – without the hoods! We’re not going to stop what we have doing for generations. We have young people here, old people here and we will march everywhere you go.”

“What is your real purpose: to start drilling for oil off our coastline?” she asked. “Be honest with us!”

Burdick’s concerns over the push by the oil industry and others to industrialize the California coast were echoed by environmentalists including Judith Vidaver, Chair of Ocean Protection Coalition (OPC).

“For over 25 years OPC, with our fisher and seaweed harvester allies, has protected our ocean from threats such as aquaculture projects, nuclear waste dumping, offshore oil development and recently, wave power plants,” Vidaver stated. “We are requesting that final Marine Protected Area (MPA) designations include language prohibiting these industrial-scale commercial activities.”

She also shocked the panel by asking that task force member Catherine Reheis-Boyd voluntarily step down from her position on the BRTF.

“Oil and water do not mix—as we are being reminded daily by the disaster spewing in the Gulf,” she stated. “Mrs. Reheis-Boyd’s position as President of the Western States Petroleum Association and her lobbying efforts to expand offshore oil drilling off the coast of California are a patent conflict of interest for which she should recuse herself from the BRTF proceedings which are ostensibly meant to protect the marine ecosystem.”

Meg Caldwell, a BRTF member, responded to Vidaver’s request in defense of Reheis-Boyd.

“I am a died-in-the-wool environmentalist and I have worked for the past year with Reheis-Boyd. Not once has she demonstrated any bias for any industrial sector on the Task Force,” she stated.

The overwhelming majority of people making public comments criticized the MLPA process for any array of reasons.

However, Karen Garrison, policy analyst for NRDC, affirmed her support for the MLPA Initative. She said that her organization “is committed to creating an effective marine protected area network that also supports continued noncommercial traditional Tribal uses.”

“The Kashia Pomo regulation shows it’s possible to do both, at least under some circumstances, and shows the flexibility of the MLPA to accommodate Tribal uses,” Garrison stated. “We also support the Tribe’s proposal to separately identify noncommercial traditional Tribal uses in any regulation that allows both Tribal and recreational uses.”

The MLPA, a landmark law signed by Governor Gray Davis in 1999, calls for the creation of marine reserves with varying levels of protection from one end of the state to the other.

Many fishermen, environmentalists and Tribal members have blasted Schwarzenegger’s MLPA Initiative, privately funded by the Resources Legacy Fund Foundation, for taking water pollution, oil drilling and all other human uses of the ocean other than fishing and gathering off the table while denying Tribes their fundamental rights.

“Whether it is their intention or not, what the Marine Life Protection Act does to tribes is systematically decimate our ability to be who we are,” Myers said. “That is the definition of cultural genocide.”

“The MLPA process completely disregards tribal gathering rights and only permits discussion of commercial and recreational harvest,” Myers concluded. “The whole process is inherently flawed by institutionalized racism. It doesn’t recognize Tribes as political entities, or Tribal biologists as legitimate scientists.”

“The protest surpassed my wildest dreams,” said Mike Carpenter, a sea urchin diver and local protest organizer. “I’m glad that tribal members, fishermen, Latino sea urchin industry workers and local environmentalists all banded together to keep our communities from being robbed by outside interests and big corporate money.”

The latest action was preceded on June 29 by a protest during which a group of 40 Tribal members and their supporters interrupted the MLPA Science Advisory Team meeting in Eureka. Members of the Coastal Justice Coalition during both protests emphasized that there is no scientific data that says tribal gathering has any negative impact on the coastal ecosystem and the Act does nothing to stop pollution and off-shore drilling — the real threats to the ocean ecosystem.

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