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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Aug. 13, 2009)
News from Indian C ountry Page 8 Spily3y Tymoo August 13, 2 0 0 9 Tribes, town on Columbia clash over 1855 treaty A RLIN G TO N (AP) - More than 150 years after signing a treaty ceding land b u t preserv ing their hunting and fishing rights, Columbia River tribes are locked in a legal dispute with this tiny p o rt over w hether those rig h ts can chan g e w ith th e course o f the river. The P ort o f Arlington wants to build a barge pier near the confluence o f the Columbia and Willow Creek. Arlington officials say the pier, intended to handle garbage barges, is critical for Gilliam County’s economy. But area tribes argue the pier would interfere with their fish ing at the site, violating terms o f an 1855 treaty that guaran tees their right to hunt and fish in “usual and accustomed” ar eas. T h e U.S. A rm y C o rp s o f Engineers initially approved a perm it needed to build the pier, b u t last year revoked it after looking into the tribes’ com plaints and deciding they might be right. The disagreement hinges on whether the perm it should have been pulled and what constitutes a “usual and accustomed” tribal fishing site. T he Confederated Tribes o f the Umatilla Indian Reservation — backed by Warm Springs and other tribes in the region — con tend the pier site is in the middle o f a fishing ground protected by the treaty. O fficials in A rlington and Gilliam County dispute that, say ing a dam built on the Colum bia four decades ago submerged the actual fishing grounds. Work had already begun on b u ild in g th e p ie r w h en th e C o rp s o rd e re d c o n stru c tio n stopped. T he P o rt o f A rlington has taken the matter to federal court in Portland. A strin g o f h y d ro electric dams were built along the Co lumbia starting in the 1930s, in undating tribal fishing grounds. Local officials say the pier is needed to ensure that a nearby landfill is able to compete with other landfills. Currently, garbage from the Pordand area is trucked to the Marijuana plants seized on reservation HARRAH, Wash. (AP) - A u th o rities say they have seized about 2,300 marijuana plants from three plots lo cated in a w ooded area on the Yakama Indian reserva tion in central Washington. The latest bust pushes the total num ber o f plants seized in Yakima County to about 100,000 in the annual effort by local authorities to curb the growth o f marijuana pro duction in the region. T he Yakima Herald-Re- p u b lic re p o r ts Y akim a County is the top county in the state for marijuana pro duction. N o one was arrested in the raid at H arrah, Wash. Arrest in tribal HQ arson D U L U T H , M inn. (AP) - Federal agents arrested a 20- year-old N ett Lake m an in last m onth’s arson that destroyed the Bois Forte Reservation center offices in northern Minnesota. FB I and B ureau o f Indian Affairs officers arrested William Lynn Isham at a D uluth resi dence where he had been stay ing. A crim inal com plaint and warrant for Isham's arrest were filed in U.S. D istrict C ourt in D uluth, charging Isham w ith setting fire to the Bois Forte (boyz fohrt) Reservation Tribal Center at N ett Lake near Orr. Isham is an enrolled member o f the Bois Forte band. H e re mains in custody. Oweesta Corp, has new CEO R A PID CITY, S.D. (AP) - Rapid City-based First Nations Oweesta Corp, has a new chief executive. Tracey Fischer now heads the corporation that helps provide investment capital and assistance to help American Indian com munities develop financial insti tutions and programs. Under the treaty, the tribes reserved per petual rights to fish, hunt and gather traditional foods in the ceded lands. landfill. T he landfill operators pay a $3 million annual “host fee,” far from chump change to a county the size o f Rhode Is land with only about 2,000 resi den ts. T h e land fill pro v id es a b o u t 150 jo b s a n d is th e county's largest employer. The p o rt fears a new 10-year contract to truck garbage along Interstate 84 through the pro tected Columbia River G orge National Scenic Area may n ot be renewed for environmental or other reasons, hobbling the landfill. Umatilla tribal attorney Brent Hall said a fishing village existed near the site w here A rlington wants to build the pier, making it a “usual and accustomed” site protected by the treaty. The po rt argues that at the tim e o f th e 1855 treaty the shoreline was abo u t 300 feet from the location o f the unfin ished pier, so the construction site could not have been a fish ing site w hen th e treaty was sig n ed . T h e C o lu m b ia ro se about 40 feet with construction o f the Jo h n Day D am , flood ing miles o f riverbank. T he tribes, backed by the Corps, counter that protected fishing sites can move with ris ing river levels and fish patterns. “The fact that the present lo c a tio n o f trib a l fish in g has shifted with the shoreline and is n ot precisely where fishing took place in 1855 does n o t negate its qualifications as a usual and accustomed fishing station,” the Corps w rote in papers filed in federal court. Also at issue is w hether ar chaeological sites could be dis turbed by building the pier. A t th e trib es’ req u est the Corps o f Engineers looked for evidence o f archaeological or historic remnants. Its report said it found “no evidence o f any archaeological or historic re sources,” b u t add ed th a t its divers reported visibility in the w ater o f only inches, so such evidence cannot be ruled out. So the court decided that on balance, the pier project would improperly affect tribal rights. The 1855 treaty with the U.S. government was signed by the Cayuse, U m atilla, an d Walla Walla tribes, w ho ceded m ore than 6.4 million acres in w hat is now northeastern O regon and southeastern Washington. In re turn they got land that was des ignated as. the Umatilla Indian Reservation, which consists o f 172,000 acres. T he treaty was signed by a num ber o f other tribes as well. A lso u n d er the treaty, the tribes reserved perpetual rights to fish, hunt and gather tradi tional foods in the ceded lands. As compensation for the sub merging o f fishing grounds by dams on the Columbia, the fed eral governm ent has provided tribes with Town on Columbia, tribes clash over 1855 treaty “in lieu” fishing sites, m ost o f which were Indian-only access routes to their fishing grounds. B lood boiled fo r decades over attempts by white settlers to keep tribal fisherm en from crossing their land to get to their fishing sites. Kathryn Brigham, past chair man o f the Columbia River In ter-Tribal Fish Commission, said the tribes have fought in court before over their rights. She has been active in Co lumbia River tribal fishing issues for m ore than half o f h er 62 years and recalls hostility at hearings on tribal fishing seasons in the mid-1970s. “People were yelling at us. T hey carried signs th at said, ‘Save a salmon, can an Indian,”’ she recalled. Paul Conable, attorney for the P ort o f Arlington, said the port supports more in-lieu sites for the tribes. T hat tribal fisher m en who lost fishing grounds were not better-compensated is shameful, he said, “but it's not the port’s fault.” Kootenai tribe restoring sturgeon habitat B O N N ER S FERRY, Idaho (AP) — Four-inch long sturgeon frolicked in a h atch ery tank comically flipping o n to their backs to feed, then wriggling right side up. Barely a year old, they looked ancient. Long snouts, sharklike tails and the sturgeon's bony ar m or hinted at the species' pre historic origins, which date back 150 million years. “They're mysterious, beauti ful creatures,” said Sue Ireland, fish and wildlife director for the K ootenai Tribe o f Idaho, the hatchery's operator. “It's im por tant that we do everything in our power to help them survive.” As part o f aggressive plans to keep the K ootenai River's, white sturgeon population from sliding into extinction, the tribe has crafted a habitat restoration plan for 55 miles o f the river. The habitat work will help young hatchery sturgeon survive after they're released into their native waters, and also benefit the re maining wild sturgeon popula tion. In the 1970s, an estim ated 7,000 white sturgeon lurked in the river's cool, green depths. Only 800 to 1,000 adults remain — and that figure's shrinking by about 9 percent each year, ac cording to the U.S. Fish and Wildlife Service. Scientists believe th e next few years will be critical for the K ootenai sturgeon. More than three decades have passed since the fish reproduced successfully in the river. I f the trend isn't reversed soon, only a handful o f wild female sturgeon will be left to spawn. K ootenai sturgeon are a dis tinct stock, evolving after the last ice age isolated them from Columbia River sturgeon. The freshwater giants can reach 8 feet in length, but they're slow to mature. T he fish don't spawn until they're 30. A lthough fe males can live into their 70s, they lay eggs only every four to six years. D w in d lin g n u m b e rs o f K ootenai sturgeon were first docum ented in the mid-1960s. Then came Libby Dam. Sixty- five million years ago, sturgeon survived th e mass extinction that killed o ff the dinosaurs, but they were no match for m od ern engineering. Built in 1974 for flood con trol and power generation, Libby D am tamed the spring torrents that once triggered the upstream journey o f the sturgeon from B ritish C olum bia's K ootenay Lake to spawning grounds near Bonners Ferry. In re c e n t years, th e U.S. Army Corps o f Engineers has released water from the dam to mimic the spring freshets. Al though the sturgeon are spawn ing again, the fry don't survive. In an effort to reverse the trend, the tribe's habitat plan calls for creating deeper pools in the main river and restoring side sloughs for rearing areas. “We're trying to unlock the mystery o f what's keeping them from thriving in the wild,” Ire land said. The restored habitat will also help five other native fish spe cies, including kokanee, which are part o f the sturgeon's diet. Ireland said the habitat plan is a practical document. It rec ognizes that the river w on't re turn to a pristine state. But by working closely with local land- owners, she said, the tribe hopes to mitigate some o f the dam age caused by a century o f dik ing, farming and other develop ment. “Society has put constraints o n th e riv er,” said G re g H offm an, a fish biologist who works at Libby Dam. Bonners Ferry would flood if the Army Corps o f Engineers released the same volume o f spring flow that historically swept down the val ley, he said. “We w ant to see the system restored, b ut we'll do it in a way that's sensitive to the local com munity and the culture o f the area,” said Patty Perry, the tribe's administrative director. T h e trib e has g a th e re d a policy team that includes repre sentatives from: Idaho, Washing to n , M o n ta n a an d B ritish Columbia's Ministry o f the E n vironment. Tribal members will w ork cooperatively with other governments to secure funding for the habitat work, Perry said. Sturgeon are culturally signifi c a n t to th e 141-m em b er Kootenai Tribe. “The tribe is connected to sturgeon just like the Columbia River tribes are connected to salmon,” Ireland said. “They're a spiritual messenger, revered for .their longevity.” Ireland, w ho isn 't N ative, began working for the tribe in 1996. She, too, fell under the sturgeon's spell. “They get to you,” she said, cradling a hatch ery sturgeon in her palm. E v eryone w ho works on the resto ration effort develops an intense desire to see the K ootenai stur geon survive, she said. Tribal Council Resolution The following resolution, and those on the next page, were adopted recently by the Tribal Council o f the Confederated Tribes o f Warm Springs.) Guide service W h ereas th e T reaty w ith T he Tribes o f Middle Oregon June 25, 1855 reserved to the C o n fed erated T ribes o f th e W arm Springs Reservation o f O regon the “exclusive right o f taking fish in the streams run ning through and bordering the Reservation”; and, W hereas the O n-R eserva tion Fish and Wildlife Commit tee in conjunction with the Natu ral Resources D epartm ent has reviewed and proposed to the Tribal Council the 2009 Fish ing G uide Service Regulations for tribal m em ber owned fish ing guide services conducted on lakes and rivers within and b or dering the reservation; and, W hereas the Tribal Council has reviewed the proposed 2009 Fishing Guide Service Regula tions and has determ ined that enactm ent o f such regulations would be in the best interest o f the tribe, its mem bers, and o f th e n atu ral reso u rces o f the W arm Springs R eservation o f Oregon; now, therefore, B e i t r e s o lv e d by th e Twenty-Fourth Tribal Council pursuant to Article V, Section 1 (1) and (u), o f the Constitution and By-Laws, and pursuant to W arm S p rin g s T rib a l C o d e Chapter 340, that the following rules and regulations are hereby adopted for the 2009 season: 1. Tribal m em ber preference (R esolution 8363 and 8363a) shall be used in the selection o f all guides. 2. Tribal members have top priority for fishing opportunities on the reservation. Any and all fishing guide business is to be conducted in a way so as n ot to interfere with any tribal mem ber fishing from waters running through and bordering the Res ervation. 3. A nnual approval by the Tribal Council o f each fishing guide service is required before the start o f the fishing guide sea son. 4. The fishing guides will en sure that their non-tribal mem b e r clients com ply w ith th e W arm Springs V isitor Fishing Regulations and Fishing Guide Regulations developed by the Fish and Wildlife D epartm ent any applicable state fishing regu lations. Guides will provide cop ies o f these annual tribal and state fishing regulations to all clients. 5. Fishing Guide Services will only be perm itted to launch and take out from the Warm Springs B o at L au n ch , A n n ie D ic k ’s Property (River Mile 85), Whis key D ick (River Mile 78), and the N orth White H orse Rapids A rea (R iver M ile 74.5). N o other launching or take o ut ar eas will be permitted. 6. I f guiding is conducted with a vehicle and o r by hiking into a fishing area, the operator o f the guide service m ust ob tain written authorization from allotm ent ow ner, w hose land may be utilized to access the river. The guides m ust have this authorization docum ent in their possession at all times. Use o f allotted lands w ithout owners written consent will subject the guides and clients to citations for trespass violations and will sub ject the guide service operator to revocation o f h is/h er Tribal Council approval. 7. Fishing guides m ust be with their clients at all times. 8. M onthly fishing reports m ust be submitted to the O n- Reservation Committee, Com m itte e secretary a n d to th e N atu ral R esources, F ish and W ildlife D epartm ent. Weekly reports will be in a form at de veloped by the On-Reservation Fish and W ildlife C om m ittee and the Natural Resources, Fish and Wildlife Departm ent. The Fishing Guide services are man dated to provide an Annual re I p o rt to Tribal Council by the On-Reservation Fish & Wildlife Committee. 9. N o outsourcing or seek ing o u t o th e r guide services other then those approved by the On-Reservation Fish & Wild life Committee. 10. Any violation o f the rules and regulations applicable to Fishing Guide Service set out in this Resolution will subject the Fishing Guide Service operator to re v o c a tio n o f th e T ribal Council’s approval to operate a fishing guide service on the wa ters running through and bor dering the Warm Springs Indian Reservation; and, Be it further resolved that for the 2009 season, the Fishing Guide Service owned and operated by: A1 Bagley is hereby approved. (Resolution N a i ‘ , .. - 11,065) « • ' f
