September 11,1981 Page 5
SPILYAY TYMOO
Tribes not totally pleased....................... ..-
Judge Craig sets tribal fishing seasons
Judge Walter Craig, on
August 24, granted Columbia
R iv e r I n d ia n t r ib e s a
preliminary injunction that
prevents W ashington and
Oregon from interfering with a
tribally-set fishing season. The
tribes filed their motion in
federal district court after the
states,- as members of the
Columbia River Compact,
failed to set an upriver treaty,
fishing season. When the states
couldn’t agree on a fall season,
they adjourned and planned to
meet again to consider lower
river non-Indian and upriver
Indian fishing seasons on
September 3—three days after
th e tr ib e s ’ recom m ended
September 1-4 season was to
begin.
The federal judge made one
change in the season adopted
by the tribes: He subtracted a
day from the noon September 1
through noon September 4
season, shortening it to noon
September 3. September .1
through-3 is in all three pools of
zone 6. Judge Craig added a
day to the Bonneville pool only
fish in g days, m aking it
noon September 7 through
noon September 11. The judge
also approved a conditional
season set for noon September
14 to noon September 16
throughout zone 6. These
fishing days are conditional on
the bright chinook run being
stronger than now antici
pated—the season can be
c lo sed w ith a 4 8 -h o u r
emergency closure notice. The
tribes adopted the season with
year’s bright run is expected to
be the lowest in history.
When Washington attorney
Dennis Reynolds asked the
judge who could decide
whether the last portion of the
upriver season would be
closed. Craig told the court
that “Indian experts” would
The September 14-16 season is
now contingent upon review by
the tribes, rather than the
states.
The judge also agreed with
the tribes’ calculation of a
deficit owed tribal fisheries
under the final year of the five-
year Columbia River Agree
ment. The deficit is 25,200 fall
chinook, and not 12,000 as the
states had determined.
The season adopted by the
tribes and approved by Judge
Craig accord with the treaty
right, unlike those the states
were considering during the
August 14 and 17 Compact
hearings. Washington wanted
to limit the entire treaty fishing
season to a 20-mile stretch of
the 130-mile Indian fishing area
of zone 6. Washington vetoed
Oregon’s proposals for a two-
day, then a one-day season in
all three pools of zone 6 with
some additional days in the 20-
mile portion of Bonneville pool
below Hood River Bridge. The
states wanted the upriver
season to concentrate on
harvesting the tule or “dog”
chinook that return to Spring
C reek H atc h ery (in th e
Bonneville Pool) in excess of
the hatchery’s needs.
The states defended their
that condition because this
proposed seasons on the basis
Meals offered
of conserving declining upriver
bright chinook. But the tribes’
argued successfully in their
motion before the federal
court, that the proposals by the
states’joint biological staff was
discrim inatory because it
restricted the tribes’ usual and
accustomed fishing places;
secondly, it had no conserva
tion merit because the states
intended to set lower river
fishing seasons that would
allow significant harvest of
these upriver brights; and
thirdly, the states failed to
enact, or recommend for
enactm ent, m easures th at
would reduce the ocean harvest
of Columbia River chinook.
Attorneys for the four tribes
told the judge that the states
have put the entire conserva
tion burden for Columbia
River chinook on trib al
fisheries. They asked the court
not to permit it again this year.
The judge shunned the
argum ents of the states,
rem inding them th a t the
question before the court was
not a technical question of how
many brights are going to be
caught, but a question of treaty
law. He told the states that the
“treaties with Indian tribes are
the law of the land, like it or
not.” In approving the tribes’
season. Judge Craig said he was
balancing conservation with
treaty rights.
The court-approved season
is as follows:
Zone 6: noon September 1-
noon September 3
Bonneville Pool only: noon
September 7-noon September
11
Zone 6: noon September 14-
noon September 16 (condi
tional on bright run strength)
8" mesh gear
At a meeting at Kah-Nee-Ta
last week, CRITFC personnel
and the four Columbia River
tribes agreed that because the
second season is in Bonneville
Pool only, conflicts may arise
among the Indian fishermen.
With this in mind, the four
tribes and CRITFC formulated
a set of rules that will apply to
the fishermen. They are:
1. The commission recom
ments to the tribes that all
fishermen using sites in past
years in B onneville P o l
including last year, have first
option on sites.
2. Fishermen with sites in
other pools who desire may fish
in unutilized site (s) on a first
come basis in Bonneville Pool
in accordance with tribal
regulations in areas which are
not in designated sanctuaries.
3. Member tribes send all
available tribal officers to
p a t r o l th e r iv e r in a
coordinated manner’ including
cross-deputization to:
a. Maintain and keep the
peace at sites.
b. Assure sanctuaries are
observed.
c. Site disputes referred to
I n t e r - T r ib a l B o a r d
im m e d ia te ly . B o a rd
members to be named by
the tribes.
4. Communicate all fishery
season .information including
these rules immediatey to all
fishermen by all possible
media.
Those in attendance agreed
they never imagined the state
would ever agree to the seasons
set by the tribes themselves,
thus never thought of any
problems that would come up
by limiting the second season to
Bonneville Pool only. CRITFC
vice chairman Levi George
stated, “Maybe we Were all
blind to these problems and
now the state is laughing at us.
The tribes are going to have to
stick together. The states are
going to watch every move we
make.”
C R IT F C re p re se n ta tiv e
hope there will be no problems
on the river, and if there are,
tribal law enforcement officials
will handle them. Officers from
the four tribes will be on the
river throughout the seasons,
and any violators will be sited
to their respective tribal courts.
It was also decided that there
would be a special commission
meeting on September 11 at 10
a.m. in Portland to determine
if there will be a conditional
two-day season from noon
S e p te m b e r 14 to n o o n
September 16 in all three pools.
However, Warm Springs tribal
attorney Howard Arnett said
there is little chance of the third
fis h e ry b e c a u se o f th e
anticipated low bright run.
“The run would have to be
twice as large,” in order to
support the third season.
Macy promoted to WSFPI general manager
through USDA
The Tribal Council in mid- a dual role of being both “ ‘We will have the same type of
August approved the appoint General Manager and Chief management we’ve been using
ment of Robert W. Macy Sr. to O p e r a tin g O ffic e r, w ill since DeMoisy came. The team
continue as Chief Operating
th e p o sitio n o f G eneral Officer, reporting to the Board approach works well,” he said.
He added that there are certain
Manager of Warm Springs
areas that need to “be brushed
The Confederated Tribes national origin.
Forest Products Industries. of Directors.
Although there has been no up.”
Meals will be provided at the The W .S.F.P.I. Board of
announces the sponsorship of
change yet in Macy’s
U SDA Child Care Food sites listed below:
D ir e c to r s h a d a lr e a d y drastic
However, Demoisy will be
Warm Springs Head Start a p p o in te d M acy G eneral duties, he will be assuming cutting his time at the mill
Program. Meals will be made
more
responsibility
in
terms
of
available to enrolled children at Program-Community Center Manager of the multi-million
down between now and the end
no separate charge without
dollar tribal enterprise on July m a k in g d e c is io n s . H is of the year, Macy said. Next
W a rm S p rin g s H e a d 27, subject to ratification by the promotion is viewed as another year he will be spending even
regard to race;, color, or
step forward in the manage
Start/ Day Care Trailer.
Council.
less tim e at W SFPI as,
This is the first time a tribal ment transition plan at the mill. according to the plan, he has
“More decision-making will
member has held that position
been budgeted for three days a
at the tribally-owned forest fall on my shoulders and there month. “He is reluctant to
will
not
be
as
much
checking
products complex. Prior to his
totally pull out in a market like
promotion Macy was Assistant back and forth with Ralph,” this,” said Macy.
said
Macy.
He
noted
that
this
General Manager for the past
type of transition is more
Macy said that now he is in
There was this house wife who was so superstitious that she never year-and-a-half. He is an comfortable for him than it
the position of being able to
O
reg
o
n
S
tate
U
n
iv
ersity
believed in cleaning the house with any week that had Friday in
Forestry graduate and has would be if DeMoisy just take the bull by the horns and
it. YIKES
worked the past nine years in a suddenly stepped out of the make certain comments and
decisions (regarding personnel,
v a rie ty o f m a n a g e m e n t picture.
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positions at the mill.
Internally, not much will be for example) whereas he wasn’t
Ralph DeMoisy, who was in changed, according to Macy. before.
There was this lady who checked into this hotel and after she was
all settled she called the front desk and said that there was a guy
across the way who was taking a shower. She added he had his
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only be able to see his head.” The lady replied, “You come up here
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There was this couple who had a maid and after some time had
passed the maid had hardly done a thing. One day the husband
tells, the maid, “Look here, I can write my name in the dust on the
piano.” The maid said, “Isn’t education wonderful.” YIKES
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There was this guy who approached his friend and said, “Hey! you
got a hair cut. Oh no! I got a lot of them cut.” YIKES
All Warm Springs tribal members will receive the Spllyay Tymoo at no
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