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National Congress of American Indians Demands Protection of Rights Under MLPA

by Dan Bacher

November 16, 2009 -- The National Congress of American Indians, at their annual session from October 11-16 in Palm Springs, passed a strongly worded resolution blasting Governor Arnold Schwarzenegger's Marine Life Protection Act (MLPA) process for "no formal recognition of tribal subsistence, ceremonial or cultural rights" of California Indian Tribes. 
 
"While the tribes support the State’s goal of developing marine protection, they are concerned that the State’s MLPA process does not address their sovereign standing or interests," according to the resolution. "To date there have been no government to government consultations by the State with any tribe in California in the MLPA implementation process, nor is there a mention of the sovereign status of the tribes in the MLPA Master Plan or legislation." 
 
"The NCAI does hereby support the demand of the tribes of Northern California that the State of California enter into government to government consultations with these tribes; and that the State of California ensure the protection of tribal subsistence, ceremonial and cultural rights in the implementation of the state of Marine Life Protection Act," the resolution concludes. 
 
More recently, the MLPA was criticized in the historic California Tribal Water Summit held in Sacramento November 4-5. Participants concurred that "in the Marine Life Protection Act, the California Department of Fish and Game has made an explicit policy decision to NOT consult with tribes." 
 
The Schwarzenegger administration and the corporate environmental groups that collaborate with the regime have shown absolutely no respect for the rights of California Indian Tribes to sustainably harvest seaweed, mussels and abalone as they have done for centuries in the intertidal zone. 
 
This marine protected plans developed on the Central Coast, North Central Coast and Southern California Coast regions were rammed through by the Schwarzenegger administration in spite of complaints by representatives of California Indian Tribes, including the Essalen Tribe of the Monterey Bay region and the Kashia Pomo Tribe of Stewarts Point, that the state of California had not formally consulted with them on the MLPA process. 
 
While the representatives of Packard Foundation and Resource Legacy Fund Foundation funded "environmental" organizations have gushed about what an "open and transparent" process the MLPA initiative is, the complete exclusion of California Indian Tribes from the process shows what a lie that claim is. Not only have the tribes been excluded from the initiative, but the input of North Coast environmentalists, recreational anglers and commercial fishermen was largely disregarded by the MLPA Blue Ribbon Task Force in the Central Coast, North Central Coast and South Coast processes. 
 
On August 5, the California Fish and Game Commission banned the Kashia Pomo and other tribes from harvesting seaweed in their traditional areas off Stewarts Point in Sonoma Conty and Point Arena in Mendocino County. 
 
“What you are doing to us is taking the food out of our mouths,” said Lester Pinola, the past chairman of the Kashia Rancheria in the public hearing prior to the vote. “When the first settlers came to the coast, they didn’t how to feed themselves. Our people showed them how to eat out of the ocean. In my opinion, this was a big mistake.” 
 
It is essential that the North Coast process, since it has operated unlawfully and unjustly to date by not consulting with California tribes, be suspended indefinitely. Furthermore, the marine protected areas already designated on the Central Coast and North Central Coast should be rescinded until government to government relations are developed between California Tribes and the Schwarzenegger administration over the MLPA process and the marine protected areas are reviewed by the tribes. 
 
North Coast environmentalists, Indian Tribes, fishermen and seaweed harvesters have blasted the MLPA process for being rife with conflicts of interests, mission creep and corruption of the democratic process. The absurdity of corporate environmentalists' claims that the MLPA process is "open and transparent" is further demonstrated by the fact that the current chair of MLPA Blue Ribbon Task Force's project for the South Coast and former member of the North Central Coast panel is Cathy Reheis-Boyd, an "oil industry superstar," in the words of John Lewallen, respected North Coast environmental leader. 
 
The Board of Directors of the Western States Petroleum Association (WSPA) on October 16 announced that Reheis-Boyd will assume the role of President of the oil and natural gas industry trade association January 1, 2010. Reheis-Boyd is currently the Executive Vice President and Chief Operating Officer of WSPA, a curious position for a Schwarzenegger appointee who is supposedly overseeing marine "protection" to be employed as. 
 
What is an oil industry lobbyist doing overseeing "marine protection" in California, especially when the industry is seeking to open up the coast, particularly in the Point Arena Basin, to offshore oil drilling? Is Schwarzenegger, an offshore oil drilling advocate, trying to kick California Indians, recreational fishermen, commercial fishermen and seaweed harvesters off traditional harvesting areas in order to eliminate the strongest opponents of offshore oil drillling and wave energy projects in his plan to privatize ocean public trust resources?  
 
And why is Schwarzenegger's MLPA initiative, a supposedly "public" process, funded by a private corporation, the Resources Legacy Fund Foundation? 
 
In the face of this unjust, privately funded process, the resolution by the National Congress of American Indians defending the rights of California Indian Tribes and demanding government to government relations in the MLPA process should be warmly welcomed by tribes, seaweed harvesters, recreational fishermen and commercial fishermen fighting for environmental justice and true marine protection along the California coast. 
 
 
Below is the resolution: 
 
N A T I O N A L C O N G R E S S O F A M E R I C A N I N D I A N S 
The National Congress of American Indians 
Resolution PSP-09-089c 
 
TITLE: Supporting the Demand of the Tribes of Northern California that the State of California Enter into Government to Government Consultations with these Tribes in Order to Ensure the Protection of Tribal Subsistence, Ceremonial and Cultural Rights in the Implementation of the State Marine Life Protection Act 
 
WHEREAS, we, the members of the National Congress of American Indians of the United States, invoking the divine blessing of the Creator upon our efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with  the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do hereby establish and  submit the following resolution; and 
 
WHEREAS, the National Congress of American Indians (NCAI) was established in 1944 and is the oldest and largest national organization of American Indian and Alaska Native tribal governments; and 
 
WHEREAS, the State of California through the Marine Life Protection Act (MLPA) is currently in the process of designating areas of the Northern California coast for restricted use to promote the conservation and recovery of marine plant and animal communities; and 
 
WHEREAS, tribes of Northern California maintain prescriptive rights to access the Coast as their people have done from time immemorial as well as to continue to fish and gather at usual and accustomed places within their Ancestral Territory; and 
 
WHEREAS, the tribes of Northern California strongly support marine protection and are willing to work with Federal and State governments in a collaborative process to address this goal; and 
 
WHEREAS, while the tribes support the State’s goal of developing marine protection, they are concerned that the State’s MLPA process does not address their sovereign standing or interests; and 
 
WHEREAS, to date there have been no government to government consultations by the State with any tribe in California in the MLPA implementation process, nor is there a mention of the sovereign status of the tribes in the MLPA Master Plan or legislation; and 
 
WHEREAS, because the focus of the MLPA is the commercial and recreational use of coastal waters tribal rights and interests are being ignored because subsistence fishing and gathering and cultural uses are neither commercial or recreational; and 
 
WHEREAS, our tribal members rely upon fishing and gathering seaweed to feed themselves and their families, and the continuance of these practices are essential to maintain our identities as tribal people; and 
 
WHEREAS, there has been no formal recognition of tribal subsistence, ceremonial or cultural rights in the MLPA process. 
 
NOW THEREFORE BE IT RESOLVED, that the NCAI does hereby support the demand of the tribes of Northern California that the State of California enter into government to government consultations with these tribes; and 
 
BE IT FURTHER RESOLVED, that the State of California ensure the protection of tribal subsistence, ceremonial and cultural rights in the implementation of the state of Marine Life Protection Act.; and 
 
BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI until it is withdrawn or modified by subsequent resolution. 
 
The foregoing resolution was adopted by the General Assembly at the 2009 Annual Session of the National Congress of American Indians, held at the Palm Springs Convention Center in Palm Springs, California on October 11-16, 2009, with a quorum present.