16
S moke S ignals
JUNE 15, 2017
Tribal chair testifies against increased lamprey harvest
Commission approves temporary measure in 4-3 vote
By Dean Rhodes
Smoke Signals editor
SALEM – Tribal Council Chair-
man Reyn Leno testified unsuc-
cessfully against an Oregon Fish
& Wildlife Department temporary
rule on Friday,
June 9, that will
allow increased
harvesting time
of lamprey at Wil-
lamette Falls and
potentially place
added stresses on
Reyn Leno
the sensitive spe-
cies.
Leno was accompanied by Trib-
al Council Vice Chair Cheryle A.
Kennedy, Tribal Council member
Jack Giffen Jr., Tribal Attorney
Rob Greene, Natural Resources
Department Manager Michael Wil-
son and Fish and Wildlife Program
Manager Kelly Dirksen.
After Kennedy and Giffen pre-
sented each Oregon Fish & Wildlife
Commission member with a photo
of Tribal member Andrew Freeman
harvesting salmon at Willamette
Falls in June 2016 — the first Trib-
al member to do so in approximate-
ly 120 years — Leno launched into
his testimony that questioned the
department’s proposed temporary
rule establishing more hours and
the lack of consultation with the
Grand Ronde Tribe.
Leno reminded commission mem-
bers that Willamette Falls is within
the ceded lands of the Grand Ronde
Tribe and that he and Kennedy are
direct descendants of John Wache-
no, who was the Willamette Falls
caretaker and signed the Willa-
mette Valley Treaty in 1855.
Leno also read a list of Tribal
activities that Grand Ronde has
participated in to track and help
Pacific lamprey recover.
“The Pacific lamprey is an Oregon
state sensitive species,” Leno said.
“It is a culturally significant spe-
cies for Grand Ronde. Population
numbers for lamprey continue to
trend downward. Grand Ronde is
very concerned about the health
of the Pacific lamprey. The Tribe
is the steward of both its natural
resources and its culturally sig-
nificant resources. Protection and
promotion of these resources is a
core value of the Tribe.
“The Tribe engages in lamprey
harvests, but recognizes that it
must be in a way that protects the
health and vitality of the species.”
Leno said the temporary rule
extending the harvest season from
four to six days a week in June and
July was poorly publicized and that
the Grand Ronde Tribe did not re-
ceive notification until May 24 and
the actual revised rule until two
days later.
“Grand Ronde has a great re-
lationship with ODFW staff and
respect the work they do,” Leno
said. “Due to our concerns about
sustainable harvest, we would have
liked to have had the opportunity
to provide ODFW with the Tribe’s
input prior to the rule going into
effect.”
Leno said that he did not think
there was a good reason not to seek
Tribal input regarding the proposed
temporary rule since it was not a
time-sensitive issue.
“Adoption of the rule should have
been done with adequate notice and
consultation,” he said. “Any rule
that can lead to an increased har-
vest must be supported by science
or data that demonstrates the re-
sources can be sustained long term
for seven generations to come.”
Leno said that lamprey are in
“trouble” because of increasing
numbers of sea lions wintering at
the Falls and putting Pacific lam-
prey at greater risk.
“I think sea lions are just going to
bring a whole new issue to the table
for Willamette Falls,” Leno said.
California sea lions are consum-
ing salmon, steelhead, sturgeon
and lamprey at Willamette Falls.
According to the state Fish & Wild-
life Department, sea lions ate an
estimated 14 percent of wild win-
ter steelhead waiting to enter the
Falls’ ladder and 9 percent of both
wild and hatchery spring Chinook
salmon, 4 percent of the summer
steelhead run and frequently ate
lamprey and white sturgeon.
“We ask that the commission
not ratify the change to open fish-
requests for some more
flexibility over the four
days in some way.
“The requests typ-
ically are around the
fact that for some of
the participants there
is a significant amount
of travel coming over to
the Falls and they have
asked for consideration
and flexibility getting
over here.”
Kern said that the
temporary rule would
provide that flexibility,
but that he does not
want to see a significant
increase in lamprey
harvest numbers.
Kern said that the
average lamprey pop-
ulation at Willamette
Falls is about 188,000
and the annual harvest
Photo by Rob Greene
is about 4,000 lamprey,
Tribal Council Vice Chair Cheryle A. Kennedy and
or about 2 percent. He
Tribal Council member Jack Giffen Jr. distributed
said the harvest used to
photos of Tribal member Andrew Freeman
be about 30,000 a year
harvesting salmon at Willamette Falls in 2016
before the department
during the Friday, June 9, Oregon Department
essentially stopped
of Fish & Wildlife Commission meeting held in
lamprey harvesting by
Salem. They distributed copies to all commission
anyone other than Trib-
al peoples.
members, including Chairman Michael Finley,
Providing that travel
center. Kennedy and Giffen accompanied Tribal
flexibility did not sit
Council Chairman Reyn Leno, who testified
well with Commission
against a temporary one-year rule that will
member Bruce Buck-
provide more hours for harvesting of lamprey at
master of Astoria, who
the Falls. The commission adopted the rule in a
said that the season is
split 4-3 vote.
set well in advance and
that Tribal members
who live far away have plenty of
ing days,” Leno said. “We believe
notice. He added that travel con-
that the four day per week season
siderations have rarely been used
should be reinstated. Also, we ask
to change a hunting or fishing sea-
for the adoption of a rule that pro-
son in Oregon, calling it a “dicey
hibits lamprey harvest during flash
excuse.”
board installations. We believe that
“This looks like an accommodation
no rule that leads to greater harvest
for people traveling a long way,” he
should be adopted until the nec-
said. “But we are not particularly in-
essary work is done to determine
terested in expanding the number of
sustainable harvest levels for this
lamprey harvested. Just accommo-
species of concern.”
dating travel issues. So why would
Flash boards are installed in the
we look at this, a 60-day season, so
river by Portland General Electric
eight weeks … did we consider the
to increase river flows through the
option of giving a couple weeks with
mill to generate electricity, Dirk-
an expanded time frame? There are
sen said. They temporarily strand
ways to accommodate the travel
lamprey and allow Tribal members
time issue while ensuring that you
to harvest vulnerable lamprey at
are not creating more actual hours
that time.
on the river.”
Later in the meeting, commis-
Commission member Greg Wol-
sion members debated adopting
ley of Portland said he was con-
nine temporary rules as presented
cerned about the lack of notification
by Director Curt Melcher, which
to Tribes, seeking their input.
included the rule expanding the
Commission member Holly Aken-
lamprey harvest season.
son of Enterprise said she favored
Chris Kern, principal executive
testing the temporary one-year rule
manager in the department’s Fish
since it would only be for this year
Division, said that the reason for
and that the department is being
expanding the lamprey harvest
cautious in allowing harvest rates
opportunities was to accommodate
to increase.
eastern Oregon and Washington
“I don’t see significant harm in
Tribal members who have to travel
a
one-year change in the rules,”
long distances to Willamette Falls.
Akenson said.
Curran said the department has
The commission eventually voted
issued permits to eight Tribes to
4-3 to allow the rule to take effect.
harvest lamprey at Willamette
The majority of commissioners said
Falls, including the Nez Perce in
the temporary rule was “conser-
eastern Washington.
vative” and that since high water
“Over the last several years,
is still flowing over the Falls nine
I’ve had conversations with many
days into the lamprey harvest
of the folks I work with as other
season, preventing any harvest
managers, not speaking to Tribal
activities, that there probably will
Councils, but management staff
not be much of a lamprey take this
from some of the other Tribes,”
year anyway.
Kern said. “I have been hearing