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)
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