Pqge 10 Spilyay Tymoo, Warm Springs, Oregon May 12, 2005 Orchard trip Saturday News from OSU Extension The OSU Intension Ser vice continues its Ag on the Road series this Saturday, May J 4, with a visit to a cherry orchard in the Dalles. Youth and parents arc invited. The group will travel to an orchard and view farms at The Dalles, to sec first-hand how the growers get ready for hc cherry harvest. The fruit will still be on the trees, ready for harvest. People interested in attend ing should meet at the tribal Education Building at 9 a.m. on Saturday. If you arc planning to at tend, please call the Extension Office at 553-3238. Also, please bring a brown bag lunch. The group is expected to return at approximately 2 p.m. 5.1 '17. Sir' H : 1.1 (: '.i MM I,..; aau. Brian MortentenSpilyay Eric Miller picks up loose refuse along Looksh Road north of Warm Springs April 27 as part of the Warm Springs Community Work Force's effort to help clean up community streets. The crew of seven had finished up litter-crew efforts in the West Hills, Elliott Heights, Sidwalterand Seekseequa areas, and had filled 45 garbage bags on Looksh Road by midmorning that day. West Nile is dangerous but preventable By Fata Ann Cutrlm OSU Extension Strvici Agriculture agent As the temperatures are in creasing, the potential for West Nile virus to infect our horses is also increasing. This relatively new etjuine illness was discov ered in Oregon last summer. The moscjuito-borne disease was confirmed in eight of Oregon's counties and, accord ing to the Oregon Department of Agriculture, the final tally for 2004 showed detections of the virus in 32 horses, 23 birds and five humans. Infected wild birds are the source of the West Nile virus. Mosquitoes bite infected birds, then the infection is transmitted to horses and humans. The dis ease docs not transmit from horse to horse or human to hu man. A bite by an infected mos quito is the only known route of transmission. West Nile is a virus carried by mosquitoes that was first detected in the United States in 1999. The virus, which causes en cephalitis, or inflammation of the brain, has been found in Africa, Western Asia, the Middle East, the Mediterranean region of Europe, and, most recendy, in the United States. Morses are particularly sus ceptible to the disease, but may be vaccinated against it. The virus can infect the cen tral nervous system of horses and cause symptoms of en cephalitis. Clinical signs of en cephalitis in horses include weak ness or paralysis of hind limbs, hyper excitability, ataxia (incoor dination), and convulsions. Fe ver is not usually observed. Not all horses that contract the virus will die from it. Some may just show signs of illness, and recover. A horse owner needs to make a well-informed decision and vaccinate his or her horses, knowing that if their horse is in fected, it may die. Vaccinations still have to be legally administered by a veteri narian. On April 13,h of this year here at Warm Springs, our West Nile vaccination clinic vacci nated 37 horses belonging to tribal members that participated. Vaccinations were done by the visiting USDA veterinarian. Another aspect of control ling the spread of this disease is to reduce the mosquito breed ing sites out on the range or on Workshop on eastside forests If you are a family forest owner with a small or large acre age, a rancher, logger, contrac tor, teacher or anyone interested in learning about the ecology and management of eastside forests, then this workshop is for you. The workshop will last a day and a half. The instructors will use the newly published Ecol ogy and Management of East ern Oregon Forests: A Compre hensive Manual for Forest Own ers. For more information con tact OSU extension, Warm springs, 553-2338. Workshops are on Fridays and Saturdays as follows: May 20 and 21 at the LaPine Rural Fire Department, 51550 S. Huntington Rd., LaPine. June 3 and 4 at the Sumpter Nugget, 228 Mill St., Sumpter. June 17 and 18, Elgin Com munity Center, 260 N. Tenth St., Elgin. your property. Check for and eliminate any source of stagnant water, the habitat where mosquitoes breed. Old tires, clogged gutters, wad ing pools, wheelbarrows, bird baths, tarps, flower pot saucers, pet water dishes, and watering cans are sources of stagnant water. A good rule of thumb is: where water can stand for more than four days is a potential breeding site for mosquitoes. If you have a pond or other water feature, a relatively new "least toxic" mosquito control method is now easily available in many garden centers. These are called mosquito disks or dunks. Mosquito disks are little doughnut-shaped, time-release rings that can be floated in a pond or water feature. They slowly release B.t.i. (Bacillus thuringiensis israelensis), a soil bacteria, tested and found lethal only to mosquito larvae, black flies and fungus gnats. B.t.i. is active over a 30-day period. All other organisms should be un affected. Studies show that B.t.i. acts quickly - in experiments, a mod erate to high concentration killed half the mosquito larvae within 15 minutes and finished off the remainder after about an hour. B.t.i. pesticides are unlike many of the more broad-spectrum pesticides, in that they only kill certain groups of insects. Michigan State University re searchers test B.t.L over a three year period in the field and labo ratory for possible impacts on "non-target organisms", other aquatic organisms besides mos quitoes, black flies and fungus gnats. They observed no nega tive impacts on other aquatic in sects including stoneflies, may flies, dragonflies, caddis flies or other aquatic flies such as crane flies. As with all pesticides, it is imperative that users follow la bel instructions carefully. If you are outdoors a lot, you may be tempted to douse your self with DEET, a potent and popular insect repellent, to pro tect against disease-carrying mosquitoes. But DEET can pose health risks, so make sure to follow label instructions, ad vise OSU toxicologists. The OSU Extension office is giving away B.t.i. dunks to tribal members. Call our office at (541) 553-3238 for more infor mation, or stop by at the Edu cation building, Warm Springs. Training teaches tractor safety Tractor safety training for Central Oregon youth is be ing offered Monday through Wednesday, June 20-22 in Madras. This certification is for youth ages 14-17. Minors under the age of 18 are re quired to complete and pass a tractor safety training pro gram in order to operate power-driven farm machin ery, unless they are working for family members. To reg ister, contact the OSU Exten sion Service Office of Warm Springs, 553-3808. Community meeting: Monday, May 23, to discuss pro posed additions to the Warm Springs Commercial Code. 5:30 p.m. at the Community Center Social Hall. For in formation call Shawnele Surplus, advocate, 553-3148. School to scrap mascot ENTERPRISE (AP) -For most of a century, a cari cature of an American In dian has represented the En terprise High School Sav ages in this town in Oregon's remote northeast corner. No more. The school board has voted to approve the student body's request to have the nickname and mas cot changed to the Oudaws, ending eight years of wran gling. Superintendent Brad Royse said he was pleased with the students' decision. "I'm very proud of our kids, and proud to be their superintendent," Royse said. "It's amazing that sometimes kids have the fortitude to go ahead and tread" where adults won't. Eight years ago a citizen asked that the Savages mas cot be dropped. He said some people might be too close to the 80-year tradition to realize that it offended some people. The board voted to drop the mascot. Contention followed, and at a school assembly Nez Perce elder Horace Axtell addressed students. He was asked which he found more offensive, the name or the picture, and he pointed to a painting in the gymnasium. So, the student body was allowed to keep the nick name but asked to choose a new caricature. Students took up the issue again this year. For generations the area was home to the Nez Perce Indians, most fa mously to Chief Joseph, or Young Joseph. Fishing rights: litigation can take many years (Continued from page 5) This ruling turned out to be very insightful and beneficial to the tribes, as the battle between the tribes and the states over treaty fishing rights has contin ued to the present day. U.S. v. Washington The tribes of western Wash ington faced similar barriers to the exercise of their treaty fish ing rights as those faced by the Columbia River tribes. In 1973, the United States and 14 Wash ington tribes filed suit against the state of Washington. Judge George Boldt heard this case, and on February 12, 1974 an nounced his decision. Judge Boldt's decision agreed with and extended Judge Belloni's hold ing in U.S. v. Oregon. Judge Boldt went further than Judge Belloni by stating that the Indians' right to take fish "in common with citizens of the United States" meant a 50-50 split. Thus, un der this holding, the tribes were entitled to 50 percent of the annual harvest of each run of salmon passing the tribes' "usual and accustomed" fishing places. Judge Boldt further expressly held that the tribes had the sov ereign power to regulate the ex ercise of treaty fishing rights by their members, provided the tribes were capable of doing so. Judge Belloni later adopted these holding as part of U.S. u Oregon. Continuing Conflict The states of Oregon and Washington continued to resist the federal court rulings protect ing treaty fishing rights. During the early 1970s, the tribes were forced to return to the court room again and again to enforce the rulings. Judge Belloni has called the actions of the state of Washington during this time period "disgraceful." In a later case that challenged the sub stance of the Bodlt and Belloni decisions, appeals court Judge Alfred T. Goodwin wrote, "The state's extraordinary machinations in resisting the decree have forced the district court to take over a large share of the management of the state's fishery in order to en force its decrees. Except for some desegregation cases, the district court has faced the most concerted official and private efforts to frustrate a decree of a federal court witnessed this century." Columbia River Inter-Tribal Fish Commission During the 1970s, the four Columbia River treaty tribes began to recognize the need for a formal organization with tech nical expertise to assist them in protecting the fishery and treaty fishing rights. Tribal leaders based the structure of the new organization on both the new Northwest Indian Fisheries Commission in Washington, and the traditional concepts of gov ernance practiced by multiple tribes in managing the Celilo fishery. The Columbia River Inter-Tribal fish Commission was formally established in 1977. New Blood By the end of the 1970s, U.S. v. Oregon had been ongoing for more than a decade. Judge Belloni resigned from the case because he no longer felt he could be unbiased. "It became frustrating to me, personally," said Judge Belloni, "to be con tinually finding points in favor of the Indians when they de served it, and then later see that those rulings failed to get the Indians more fish." After long years' experience, Judge Belloni's sympathy for the tribes and frus tration with states prevented him from maintaining his impar tiality. Federal District Judge Walter Craig was assigned to both U.S. v. Oregon and U.S. v. Washington after Judge Belloni resigned and Judge Boldt retired. In 1980, Howard Arnett joined the Karnopp Petersen as a tribal attorney. After joining the firm, Howie took over respon sibility for the Treaty fishing rights litigation from Dennis Karnopp and has continued as lead Tribal Attorney on Treaty rights matters, which now in cludes the Tribe's participation in U.S. v. Washington, ocean fish ing litigation, the U.S.-Canada Pacific Salmon Treaty, and en vironmental litigation intended to protect the salmon and steel head runs on which the Tribe's 1855 Treaty fishing rights de pend. The ocean fishery The ocean fishery is regulated by the Pacific Fisheries Manage ment Council and the North Pacific Fisheries Management Council. These councils propose harvest management plans, which then go to the Secretary of Commerce for review and approval. When the councils refused to recognize any tribal treaty right to salmon before they enter the Columbia, the tribes tried to work through their trustee, the federal government, to encourage better manage ment of the ocean fishery. When that failed, Warm Springs filed a lawsuit against the Secre tary of Commerce in May 1979. The three other treaty tribes joined the lawsuit as plain tiffs. In 1982, the lawsuit was The next era of treaty fishing litigation may very well be the estab lishment of the right of tribal members to continue to fish for generations to come. broadened to include the state of Alaska as a defendant as a way to gain leverage over Alaska fishermen harvesting large num bers of Columbia River fish. In 1984, Canada and the United states signed the Pacific Salmon Interception Treaty. This Treaty established a Pacific Salmon Commission to admin ister the Treaty. The U.S. sec tion of the Commission allo cates harvest between Alaska and Oregon Washington and the tribes. U.S. v. Oregon then allocates the harvest between the states of Oregon and Washington and the Columbia River tribes. The Pacific Salmon Treaty Act of 1985 acknowledged the tribes' regulatory authority by giving the tribes one of three voting posi tions on the U.S. Commission. Alaska also has a voting position, and Oregon and Washington share a voting position. Columbia River Fish Man agement Plan In 1988, at the urging of Judge Craig and after several years of negotiations, the par ties to U.S. v. Oregon concluded a comprehensive fisheries man agement and production plan for the Columbia River, called the Columbia River Fish Man agement Plan or "CRFMP." This agreement implemented the U.S. k Oregon and U.S. e. Washington court rulings by in suring that Warm Springs and the other Columbia River treaty tribes would have the opportu nity to catch 50 percent of the salmon passing their treaty re served fishing places. The CRFMP also counted the salmon harvest in the Pacific Ocean against the non-Indian share, consistent with the court rulings. The tribes considered the CRFMP to be a success, al though it expired in 1998. Nonetheless, the parties to U.S. a Oregon have continued to op erate under the framework of the CRFMP and have several times extended its provisions on a short-term basis as they con tinue to work on a new long term plan. Treaty Fishing Today After continuing litigation and negotiation in U.S. p. Oregon, Warm Springs and the other Columbia River treaty tribes have generally achieved a fair share of the existing runs for tribal fishermen. However, as salmonid populations continue to diminish, the actual number of fish in that "fair share" is dwindling as well. The treaty fishing rights cases have brought dramatic change and led to the establishment of sophisticated fish and wildlife departments among the various tribes, as well as the establishment of CRITFC. The next era of treaty fish ing litigation may very well be the establishment of the right of tribal members to continue to fish for generations to come. This can only be achieved through extensive conservation efforts. As long-time Warm Springs fish committee member Delbert Frank has said, "Fifty percent of nothing is still nothing"