Spilyay Tymoo, Warm Springs, Oregon
Summary of Tribal Council
April 27, 2021
The meeting was called to order
at 9:13 a.m. by Brigette
McConville, Vice Chair. Roll call:
Lincoln Jay Suppah, Raymond
(Captain) Moody, Wilson Wewa Jr.,
Anita Jackson, Vice Chair Brigette
McConville, Glendon Smith, Chief
Delvis Heath, Chief Joseph Moses,
Chairman Raymond Tsumpti (after-
noon session). Minnie Yahtin, Re-
corder.
· Health and Welfare Commit-
tee update with Eugene Greene Jr.
and Cassie Katchia.
· Land Use Planning Committee
update with Jonathan W. Smith.
· Irrigation, Range and Ag Com-
mittee update with Terry
Squiemphen.
· Timber Committee update with
Tony Holliday and Levi VanPelt.
· Water Control Board update
with Terry Squiemphen.
Willamette Falls Legacy Project
letter discussion with Louie Pitt:
· Motion by Anita approving the
Chairman to sign the letter to the
Willamette Falls Legacy Project
Partners, with noted edits. Second
by Wilson. Discussion. Glendon/
yes, Jay/yes, Anita/yes, Delvis/yes,
Wilson/yes, Captain/yes, 6/0/0,
Vice Chair not voting; Motion car-
ried.
· Meet and greet the new 509-J
Superintendent, Jay Mathisen.
· Portland Harbor update with
Robert Bobby Brunoe and Ellen
Grover:
· Motion by Brigette adopting
Resolution No. 12,800 authorizing
the Tribal Council Chair or Vice-
Chair to execute settlement agree-
ments and consent decrees with all
potentially responsible parties set-
tling their natural resource liability
through the Phase II process. Au-
thorizes the authorized represen-
tatives, the Secretary-Treasurer or
the General Manager of the
Branch of Natural Resources or
their designee to perform or un-
dertake any further actions or ex-
ecute further documents reasonably
necessary to carry out the inten-
May 5, 2021
tions of the foregoing resolution as
deemed in the best interest of the
Tribe. Second by Wilson. Discus-
sion. Glendon/yes, Joe/abstain,
Jay/yes, Brigette/yes, Anita/yes,
Delvis/yes, Captain/yes, Wilson/
yes, 7/0/1, Chairman not voting.
Motion carried.
· 509-J Memorandum of Under-
standing update with Valerie Switzler
and Ken Parshall:
· Motion by Glendon to approve
the Memorandum of Understand-
ing. Second by Wilson. Discussion.
Glendon/yes, Jay/no, Brigette/no,
Anita/no, Delvis/yes, Captain/no,
Wilson/yes, 3/4/0, Chairman not
voting. Motion failed.
· Culture and Heritage Commit-
tee update with Myra Johnson-Or-
ange and Lonnie Rosie Tom.
· Covid-19 update with the
Respones Team.
· Resolutions with Michele
Stacona:
Fisheries:
· Motion by Anita adopting
Resolution No. 12,801, that Tribal
Council approves the attached pro-
posed “2021 Commercial Crayfish
In the Tribal Court of the Confederated Tribes of Warm Springs
All proceedings are held
at the CTWS Tribal Court.
Confederated Tribes of
War m Springs, Plaintiff, vs
DAVID LECLAIRE JR, Defen-
dant; Case No. CR113-20;
CR252-20; CR253-20. TO:
DAVID LECLAIRE JR.:
YOU ARE HEREBY NOTI-
FIED that a CRIMINAL AR-
RAIGNMENT has been sched-
uled with the Warm Springs Tribal
Court. By this notice you are sum-
moned to appear in this matter at
a hearing scheduled for June 8,
2021 @8:00am
Confederated Tribes of
War m Springs, Plaintiff, vs
DAVID LECLAIRE JR, Defen-
dant; Case No. CR217-20. TO:
DAVID LECLAIRE JR.:
YOU ARE HEREBY NOTI-
FIED that a SHOW CAUSE
HEARING has been scheduled
with the Warm Springs Tribal Court.
By this notice you are summoned
to appear in this matter at a hear-
ing scheduled for June 8, 2021
@8:00am
Confederated Tribes of
War m Springs, Plaintiff, vs
JEREEN THOMAS, Defen-
dant; Case No. CR260-20. TO:
JEREEN THOMAS:
YOU ARE HEREBY NOTI-
FIED that a CRIMINAL AR-
RAIGNMENT has been scheduled
with the Warm Springs Tribal Court.
By this notice you are summoned
to appear in this matter at a hear-
ing scheduled for June 8, 2021 @
8:00am
Confederated Tribes of
War m Springs, Plaintiff, vs
KAYLYN WOLFE, Defendant;
Case No. CR235-20. TO:
KAYLYN WOLFE:
YOU ARE HEREBY NOTI-
FIED that an ARRAIGNMENT
HEARING has been scheduled
with the Warm Springs Tribal Court.
By this notice you are summoned
to appear in this matter at a hear-
ing scheduled for JUNE 8, 2021
@ 8:00AM
Confederated Tribes of
War m Springs, Plaintiff, vs
LARRY SWITZLER, Defen-
dant; Case No. CR226-20. TO:
LARRY SWITZLER:
YOU ARE HEREBY NOTI-
FIED that an ARRAIGNMENT
HEARING has been scheduled
with the Warm Springs Tribal Court.
By this notice you are summoned
to appear in this matter at a hear-
ing scheduled for JUNE 8, 2021
@ 8:00AM
Page 7
National Indian Gaming Asso-
ciation (NIGA):
· Motion by Anita appointing Jo-
seph Moses as the representative
and Raymond Tsumpti Sr. as the
alternate. Discussion. Glendon/yes,
Jay/yes, Anita/yes, Delvis/yes,
Captain/yes, 5/0/0, Vice Chair not
voting. Motion carried.
· Motion by Anita adopting
Resolution No. 12,803 authorizing
the staff to pay the dues for NIGA
membership of $1,500. That Tribal
Council of the Confederated
Tribes of Warm Springs Reserva-
tion of Oregon hereby appoints
Joseph Moses as the Nations Rep-
resentative to NIGA, and
Raymond Tsumpti, Sr., as the Al-
ternate; That their appointments
will be in effect for the year 2021
and beyond until replaced by Tribal
Council; That this resolution re-
scinds Resolution No. 12,671
adopted February 25, 2020. Sec-
ond by Jay. Discussion. Glendon/
yes, Jay/yes, Anita/yes, Delvis/yes,
Captain/yes, 5/0/0, Chairman not
voting; Motion carried.
Simnasho Ballot Box:
· Motion by Anita approving the
Intergovernmental Agreement
#21-003 between Wasco County
and the Community of Simnasho
granting the County to locate a bal-
lot drop box and video security sur-
veillance recording system. Second
by Jay. The Secretary-Treasurer,
Michele Stacona will poll other
Tribal Council members. Glendon/
abstain, Jay/yes, Anita/yes, Cap-
tain/yes, 3/0/1, Vice Chair not
voting.
Other Business:
· Discussed the action taken by
Tribal Council regarding the funding
for the hemp program and the pro-
cess for Financial Strategies LLC.
With no further discussion the
meeting adjourned at 5 p.m.
Confederated Tribes of
War m Springs, Plaintiff, vs
MAURICE SMITH JR., Defen-
dant; Case No. CR90-19. TO:
MAURICE SMITH JR:
YOU ARE HEREBY NOTI-
FIED that a SHOW CAUSE
HEARING has been scheduled
with the Warm Springs Tribal
Court. By this notice you are sum-
moned to appear in this matter at
a hearing scheduled for JUNE 8,
2021 @8:00AM
Confederated Tribes of
War m Springs, Plaintiff, vs
SOPHIE ESPINOSA, Defen-
dant; Case No. CR609-19. TO:
SOPHIE ESPINOSA:
YOU ARE HEREBY NOTI-
FIED that a SHOW CAUSE
HEARING has been scheduled
with the Warm Springs Tribal
Court. By this notice you are sum-
moned to appear in this matter at
a hearing scheduled for JUNE 8,
2021 @8:00AM
Confederated Tribes of
War m Springs, Plaintiff, vs
LARRY SWITZLER, Defen-
dant; Case No. CR486-19;
CR489-19.
TO:
LARRY
SWITZLER:
YOU ARE HEREBY NOTI-
FIED that a PRE-TRIAL HEAR-
ING has been scheduled with the
Warm Springs Tribal Court. By this
notice you are summoned to ap-
pear in this matter at a hearing
scheduled for JUNE 9, 2021 @
3:00PM
Confederated Tribes of
War m Springs, Plaintiff, vs
URSELA RUSSELL, Defen-
dant; Case No. CR170-20. TO:
URSELA RUSSELL:
YOU ARE HEREBY NOTI-
FIED that a SHOW CAUSE
HEARING has been scheduled
with the Warm Springs Tribal
Court. By this notice you are sum-
moned to appear in this matter at
a hearing scheduled for JUNE 8,
2021 @ 8:00AM
Harvest Regulations”. Second by
Jay. Discussion. Glendon/yes,
Anita/yes, Delvis/yes, Captain/yes,
5/0/0, Vice Chair not voting. Mo-
tion carried.
· Motion by Anita adopting
Resolution No. 12,802 approving
the 2021 ceded lands subsistence
fishing regulations; Second by Jay;
Glendon/yes, Jay/yes, Anita/yes,
Delvis/yes, Captain/yes, 5/0/0,
Vice Chair not voting; Motion car-
ried.
Around Indian Country
Tribes hoping beavers may improve habitat for First Foods
C’waam and Koptu were once
a staple meal for the Klamath
Tribes. They’re a rarity now—
members are allowed to catch only
two of the suckerfish a year. The
ray-finned C’waam, with its long
snout and the smaller white-bellied
Koptu, with a large head and lower
notched lip, are only found in the
Upper Klamath basin.
Once fished in their thousands
as one of the tribes’ important First
Foods, the fish populations were
decimated when the health of their
spawning grounds declined from a
spate of dam building in the Up-
per Klamath Lake during the 1900s.
The lake has been plagued by
toxic algae, which starve the fish
of oxygen, and the tribes have seen
suckerfish populations plummet
from the tens of millions down to
less than 45,000. They are now
endangered. The C’waam, also
known as Lost River sucker, can
grow up to almost 3 feet long, and
weigh 10 pounds. The Koptu, also
called the shortnose sucker, can
reach 18 inches and live up to 30
years.
The Klamath tribal government
has tried various tactics to restore
fish populations: Raising young fish
to older ages before releasing them
in the lakes, monitoring water qual-
ity, working with landowners to re-
store riparian habitat, and bringing
a lawsuit, which was eventually
dropped, against the U.S. Fish and
Wildlife Service to save the C’waam
and Koptu.
Now the tribes are turning to
an unlikely hopeful savior: The
beaver.
“Their activity is a driver for the
productivity and diversity for the
whole ecosystem,” says Alex
Gonyaw, senior fisheries biologist
for the Klamath Tribes in South-
ern Oregon and Northern Califor-
nia.
Last fall Gonyaw oversaw the
construction of a beaver dam ana-
log, a manmade structure that mim-
ics a natural beaver dam and is used
to attract beaver families.
As the Koptu, or shortnose
sucker, populations have declined
sharply due to habitat loss, the Kla-
math Tribes are hoping beaver re-
introduction will improve water-
ways and help with recovery.
Oregon is The Beaver State.
And yet state law classifies beavers
as predators, meaning they can be
hunted and trapped on private land
across Oregon with few restrictions.
Once an endemic species across
the U.S. before the semi aquatic ro-
dents were trapped into near-ex-
tinction during the 1800s fur trade,
beavers are a vital component to
the ecosystem, improving water
quality and fish habitat. The ani-
mals are known to improve salmon
habitat, but Gonyaw’s venture is
the first attempt to use beavers to
stabilize the suckerfish populations.
Two bills currently moving
through the Oregon state legisla-
ture would respectively prohibit the
taking of beavers on federally
managed public land and exclude
beavers from being classified as
predatory animals.
“Our aim is to work with na-
ture not against it,” Gonyaw ex-
plains. The tribal government,
which hopes to establish a stable
fish population as a food source,
wanted to reshape the land to pro-
vide healthy fish habitats. But they
Courtesy Kathy Aney/Underscore
A gnawed tree on the shore of
the Umatilla River is the work
of a beaver. Bushes and trees
provide food and shelter for
these nocturnal rodents.
didn’t want to use bulldozers to re-
shape the Williamson River. “We
needed to hold the water back, and
beavers do that naturally.”
Beavers, a keystone species,
have been found to help mitigate
the spread of wildfires, thanks to
their water-damming habits.
Gonyaw hopes the tribes’ ef-
forts at attracting beavers—by us-
ing natural posts and woven wil-
lows to give the animals a foothold
to make dams—will start to hold
back water and that the historic
vegetation, of local lily pads and
bulrushes, will return.
“And we’ll eventually have a
shallow lake wetland system
again,” Gonyaw says. “If there is
continuous standing water here, we
hope fish biodiversity would in-
crease and we would have an op-
portunity for tribal fishing rights
to return.”
No beavers have arrived—yet.
“It’s a long way from the nearest
beaver dam, but if we don’t see
activity in the next year, we’ll work
with the Oregon Department of
Fish and Wildlife to move nuisance
beavers,” he adds.
Relocating beavers on private
land is allowed, but it’s an onerous
process to gain a permit, which is
issued through the state. Individu-
als must obtain signatures from ev-
ery landowner within four miles of
the proposed site testifying that the
landowners have no objection to
the beavers being moved in.
On public land, beavers are con-
sidered furbearers, so they can be
hunted in season, and there are no
limits on how many beavers hunt-
ers can trap. On private land, “you
can kill as many as you want, when-
ever you want, however you want,
and you don’t have to tell anyone
about it,” explains Jakob Shockey,
executive director of The Beaver
Coalition, a nonprofit working to
increase public and private land-
owner support for beavers.
“They’re so important for the
environment that we can’t afford
to have them trapped out,”
Shockey says, particularly when it
comes to wildfires, which in 2020
were the most destructive in the
state’s history, burning more than
1 million acres. Beaver dams cre-
ate pockets of lush, saturated land-
scape that resists fires.
“If we could boost the health of
(Oregon’s) creeks, we could have a
shot at our cities not burning down
again. And the answer is relocating
animals—beavers, to be precise.”
The two proposed laws moving
through the state legislature—HB
2843, which protect beavers on
public lands, and HB 2844, which
would take them off the predator
list, would mean stricter policies
around how, when, and where they
can be killed—could make an
“enormous” difference in improv-
ing the health of Oregon’s land-
scape and biodiversity, says
Suzanne Fouty, a hydrologist who
helped legislators craft the bills.
“It is really serious what we are
faced with, and we have very little
time left to create conditions that
help our wild and human commu-
nities be somewhat buffered
against the impacts of climate
change,” Fouty said.
It is illegal to relocate a beaver
without a permit, but one tribal
program has been carrying out re-
locations in partnership with the
state’s wildlife department dis-
creetly for years. Tod Lum, wild-
life biologist for the Oregon De-
partment of Fish and Wildlife, has
been working with the Cow Creek
Band of Umpqua Tribe of Indi-
ans to move nuisance beavers onto
federal land for the past decade.
“We’re considered the Beaver
State, for good reason,” he said.
“They’re little engineers and they’re
good at what they do but there’s
conflict. A lot of people don’t want
them on their land.”
Lum says most landowners are
happy to have the beavers relo-
cated rather than to have the ani-
mals undergo a lethal removal al-
ternative, describing the trapping
program, which is funded by the
tribe, as an “intervention.”
Story by Lucy Sherriff. She is a
fr eelance multimedia jour nalist
based in California.