Spilyay tymoo. (Warm Springs, Or.) 1976-current, March 25, 1988, Image 1

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VOL. 13 NO. 6
Coyote News
in brief
NAPA conference held
The Fourth Annual Native
American Press
Association Conference
was held in Denver,
Colorado March 17-19.
Correspondent Hattie
Kauffman gave the keynote
address, presenting a
message to youth to set
goals in life.
Page 2
Lack of rain may cause
Below-normal snow pack
could result in fish losses in
the Columbia River basin.
Because of low water
migrating salmon and
steelhead may have a tough
time negotiating dams and '
Page 3
Prevent osteoporosis
Proper diet and exercise
can build strong bones and
reduce the risk of
developing osteoporosis in
late life. Adult women
should consume 800-1500
mg. of calcium per day.
page 5
Mini-marathon April 2
The 1988 Kah-Nee-Ta
Mini-marathon is
scheduled for April 2. A
14.S mile, 3.0 mile and a
1.0 mile run will be held.
Page 6
COCC classes scheduled
Warm Springs residents are
providing instruction for
community education
classes through Central
Oregon Community
College. Registration
begins March 28.
Page 7
Alcohol and Drug
Public Meeting
March 28
Community Center
1 to 8 p.m.
March Hi Low
9 48 30
10 47 27
11 52 21
12 56 20
13 60 22
14 60 33
15 51 25
16 52 20
17 57 19
IS 66 24
19 69 27
20 61 40
21 53 38
22 61 31
Accident drastically changes life
by Donna Behrend
One year ago Saturday. Evette
Frank's life drastically changed. In
the early morning hours of March
26. Evette and four others were
traveling on Highway 3 when their
car went off the road. Evette was
thrown from the car, landing on
the front side of her body. Most
seriously injured among the five,
Evette was transported to St. Cha
rles Medical Center by Air Life.
The others were taken to Mt. View
Hospital by ambulance where
'ma, '
4 1'.J
cuHa Frank a rnslrinnf at Mt.
days participating In various
Indian music.
1 j,'
Agreement reached on Columbia River fish management plan
An historic plan to restore fish
runs and allocate harvest of fish in
the Columbia River Basin has been
agreed to by the state of Oregon
and Washington and four treaty
Indian tribes the Yakima, Warm
Springs. Umatilla and Nez Perce.
Work on the fish management
plan has been underway since a
federal judge ordered development
of a joint management agreement
in 1983. On Friday. March 1 1, the
plan was submitted to the U.S.
District Court in Oregon for review
and approval.
The agreement is the culmina
tion of 20 years of legal tests and
negotiations stemming from U.S.
v. Oregon, a lawsuit filed in U.S.
District Court in 1968.
The 1968 action, brought by the
United States and the tribes against
Oregon, challenged state manage
News from the Warm Springs Indian Reservation
they were treated and released.
Speeding was suspected as the cause
of the accident. All were intoxi
cated and none remembered who
was driving.
Francilia Patt. Evette's mother,
explained that the impact jarred
the back of Evette's brain which
damaged cells on the right side of
her brain. Evette has lost part of
her memory and physical motor
skills. Her Ictt arm and leg were
affected, as were her speech and
Following the accident, Evette
1 1
-Of ' '
Spifyay Tymoo photo by Behrtnd
View Nurslna Home, soends her
activities, Including listening to
ment of Columbia River salmon
and steelhead.
In 1969, Judge Robert Belloni
ruled that state management prac
tices failed to meet the tribes'treaty
secured fishing rights. The court
ruled that the tribes are entitled to
take "a fairand equitable share"of
the harvestable portion of the runs.
The court also held that the state
can regulate the Indian fishery only
for purposes of conservation, and
that those regulations can not "dis
criminate against the Indians."
Then in May 1974. after more
litigation in the case. Judge Belloni
defined "a fairand equitable share"
as an even split of the harvestable
fish between treaty and non-treaty
This follow ed on the heels of the
landmark decision of Judge George
Boldt in U.S. v. Washington, pro
001 025
EUGENE, OR 97403
remained in a coma for over three
months at St. Charles. Though she
doesn t remember, Evette was told
that her family visited regularly
and that they were "crying about
me. I guess they really do love me
Afterawakeningfrom her coma
Evette was taken to REO, a reha
bilitation center in Portland. While
there, she received extensive speech
and physical therapy and under
went neurological testing. In Au
gust, Evette was admitted to Mt
View Nursing Home in Madras
where she remains. Evette is the
youngest resident at the nursing
When she was younger. Evette
said she anxiously anticipated turn
ing 21 so that she could go into a
bar. But, she says, "I'm in this posi
tion because of alcohol." Her mes
sage to people, especially young
people, is stay away from drugs
and alcohol. ...don t drink and
Evette is unable to walk at this
point and is confined to a wheel
chair. But daily therapy sessions
are slowly helping her to regain
mobility. She also uses her tukush ,
a three-toed cane that aids her
walking attempts. Evette says she'll
be in the nursing home until I
walk again.
Daily activities include her phys
ical therapy, watching T.V., play
ing bingo and participating in the
scheduled Indian activities includ
ing listening to Indian music and
preparing Indian meals on Fridays.
More often than not, Evette talks
on her bright pink telephone near
her bedside. Her contact with
friends and family through tele
phone conversations supplies need
ed stimulation. "She needs contact
all the time,"says her mother. "Her
therapist recommended it.
Evette also prides herself as being
the unofficial Indian language
teacher at the nursing home. She
patiently shares her language know
ledge with the staff and others will
ing to learn. Also on an unofficial
basis, Evette alerts non-residents
as to what is happening at the nurs
ing home and invites many to the
different activities.
Evette says that when she first
got to the nursing home, "I had
suicide on my mind. But I have a
lot to live for my two kids." Her
sons, Floyd Frank, Jr., 6, and
Avery Frank, 2, are currently liv
ing with Matilda Silas.
"My mind got real messed up" in
the accident, says Evette. "Off and
on I think about drinking." Those
thoughts aren't necessarily about
taking a drink, but about drinking
and driving accidents. Her genuine
concern for others' safety and her
tragic experience is cause for peo
ple to seriously reconsider getting
behind the wheel of a car after hav
ing a few drinks.
ceedings involving fishig rights
brought by Puget Sound and coas
tal Washington tribes against the
State of Washington. Judge Boldt's
50 50 sharing rule was subsequently
upheld by the U.S. Supreme Court
(with minor changes).
The rulings in U.S. v. Oregon
and U.S. v. Washington are judi
cial interpretations of the language
and intent of treaties signed in 1855
by the federal government and
Northwest Indian tribes.
At the core of this new U.S. v.
Oregon agreement is the goal "to
rebuild weak runs to full produc
tivity and fairly share the harvest of
upper river runs."
The plan sets specific goals, time
tables, and methods for coopera
tive management of salmon and
steelhead stocks, including both
natural and hatchery fish produc
Woman cleared in
death of father
A young Warm Springs woman,
Stephanie Frank, 19, was acquit
ted of any charges in the Sep
tember 2, 1987 stabbing death of
her father Eugene Bishop Frank,
50, by a federal jury March 14 in
The jury returned the not-guilty
verdict after listening to testimony
presented during the week-long
trial. The jury deliberated nearly
six hours before they returned their
verdict. Frank had been charged
with second degree murder but the
jury was instructed by presiding
Judge James A. Redden that they
had an option of charging her with
the lesser crimes of either volun
tary manslaughter or involuntary
The prosecutor. Assistant U.S.
Attorney Bill Youngman, presented
evidence that the stabbing took
place following a day-long drink
ing bout which led to the stabbing.
The stabbing occurred near a resi
dence in the Tenino apartment
Gopher treatment planned
An environmental assessment has
been issued regarding plans to eradi
cate pocket gophers in certain areas
on the Warm Springs Reservation.
According to the report by the
Bureau of Indian Affairs Branch of
Forestry, "Unless controlled, gopher
activity within these application
will reduce tree stocking below
minimum acceptable levels."
Proposed action for gopher treat
ment is to deposit strychnine treated
grain, by hand baiting, in gopher
burrows. At this time highly popu
lated areas will be treated. If left
untreated it is estimated that loss to
Tribe would be $600-$700.00 per
acre if the area is to be kept under
intensive management.
The recommended alternative
have no long range adverse or
cumulative impacts according to
the report. Also, it is the most cost
effective of the alternatives will
reduce the pocket gopher popula
tion to a level where plantations
will not be adversely impacted and
existing trees will be free to grow.
Other alternatives include using
a mechnical burrow guilder to insert
poison in burrows; using heavy
equipment to disrupt the pocket
gopher site and temporarily hinder
movement and feeding habits; trap
ping the gopher; or, no treatment.
The environmental impacts in
the recommended alternative are
not significant according to the
report. There is no impact on air;
No impacts on water that would
not be mitigated and no baiting
done in riparian or streamside buffer
tion and allocation of harvests.
After many years of litigation
and nearly five years of negotia
tion, framers of the plan sought to
avoid an arbitrary point in time
that might cause the plan to self
destruct. Instead, they noted the
"dynamic" nature of the document
by establishing rev iew dates of five
year intervals for all species except
steelhead, which will be reviewed
in 1989.
These checkpoints will allow
modification of the plan to respond
to changes in status of fish runs,
social needs of venous constituent
fishing groups and "other changed
circumstances of fact or law."
The plan outlines an ambitious
set of proposals to augment cur
rent natural and hatchery produc
tion of salmon and steelhead. Some
current hatchery program priori
U.S. Postage
Bulk Rate Permit No. 2
Warm Springs OK 97761
Address Correction Requested
.0' w
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MARCH 25, 1988
area. The elder Frank was stabbed
twice in the heart following an
altercation between he and his
Defense attorney Priscilla Sea
borg presented evidence that the
vouncer Frank had been a victim
of her father's physical and verbal
abuse. Seaborg's star witness,
Lenore Walker, a Denver psycho
therapist and author or the book,
"The Battered Woman." testified
that Stephanie had many of the
classic symptoms of post tramatic
stress disorder, a result of abuse.
Seaborg's defense was that the
younger Frank had acted in self
defense. Judge Redden read the verdict
and offered advice to Frank. He
recommended that she consider
going back to school; that she stay
away from the reservation for a
long period of time and that she
seek treatment for her alcohol prob
lem. He added that she was fortu
nate receiving the jury's verdict.
zones; no impact on soils or the
site; no impact on the vegetation;
wildlife has not been adversely
affected in previous treatment pro
grams. This alternative may elimi
nate 95-98 percent of the gopher
populations from the treated plan
tations. Gophers will die under
ground and therefore are not acces
sible to other wildlife or domestic
animals. Ground squirrels have got
ten into the burrows and eaten the
bait and in one documented case
have died on the surface; Cost per
acre is $25.00 with a total cost of
$60,000; a licensed applicator will
be present on the project to prevent
risk of exposure to chemicals by
people working on the project.
Safety precautions will be used
upon application of poison includ
ing; the use of federally registered
poisoned grain; a qualified, licensed
employee will monitor pesticide
application; trained and licensed
personnel will handle pesticides;
persons handling poison will be
familiar with emergency procedures;
protective clothing will be worn;
lunches will not be eaten in vicinity
of poisoned grain; spilled-grain will
be buried or picked up; poisoned
grain will be kept in waterproof,
rodent, locked container; unused
bait will be returned daily to stor
age container; poisoned grain will
not be carried in passenger carry
ing vehicles.
Comments on planned pocket
gopher treatment may be submit
ted to environmental coordinator
Bill Apgar on or before April 5,
ties would be changed, and long
term plans call for new hatcheries
to be established on some major
Columbia River tributaries, such
as the Yakima River. The aim is to
boost production of upriver sal
mon and steelhead stocks for harv
est in the mainstem Columbia River
and the tributaries by both Indian
and non-Indian fishers.
All of these production and
management decisions are tied to a
program for development of what
are called subbasin management
plans. These plans would be the
product of a Production Advisory
Committee, a panel of biologists
from the tribes, the states and the
federal government.
There is also a procedure in the
plan to resolve disagreements
among the parties over fishine ree-
( Continued on page 2)