Karuk Tribe Vows to Protect Traditional Fishing Grounds on Klamath River from Recreational Miners

Klamath Tribe battles ‘recreational genocide’
Written by SHELLEY BLUEJAY PIERCE



Native American Times
NativeTimes.com

March 16, 2009

BOZEMAN, Mont. – Over the past many months, new threats to the Klamath River salmon populations have prompted decisive action by the Karuk Tribe in California. Leaf Hillman, Vice-Chairman for the Tribe, told Native American Times in an interview this week that the recent attacks upon their ancestral fishing grounds are, “Nothing more than Recreational Genocide.”

Dams, drought, developmental expansion and environmental contaminations have plagued the local rivers and experts have said that California may be faced with the worst fisheries collapse in history.

In 2008, the Karuk Tribe, California Trout, and Friends of the North Fork formally petitioned California Fish and Game to restrict suction dredge mining. This controversial gold mining technique has brought strong criticism from local groups who demand that state agencies limit the recreational mining technique.

The Karuk, aided by support from the Tsi-Akim Maidu Tribe, the Sierra Fund, various sport-fishing groups, and several other conservation organizations are fighting to protect the endangered fish populations. Despite strong opposition by all of these groups, the agency decided not to act on the petition, allowing the recreational mining to continue.

As a result of the Karuk Tribe filing a lawsuit in 2006, the Fish and Game department is under a court order to re-write mining permit rules statewide. Due to extreme budget constraints in California, however, the agency has yet to act on the new mining rule mandate.

Recently, a recreational gold mining club, referring to themselves as, “The New 49ers,” legally challenged the Karuk Tribe’s right to fish at their ancestral fishing area, Ishi Pishi Falls. The hobbyist miners contend that this violation of the California state constitution, allows the Tribe to kill far more salmon than gold mining and other activities combined and that the commission has illegally granted fishing privileges to a specific group of people, specifically, the Karuks.

Dr. Craig Tucker, spokesman for the Karuk, told Native American Times, “Depending on how far the mining groups want to challenge the ancestral fishing rights, the tribe may seek federal fishing rights as a remedy. In the meantime, we are asking the Department of Fish and Game Director, Don Koch, to immediately implement emergency restrictions on where and when suction dredging can take place. This same authority is used to restrict recreational and commercial fishing when the fish runs are low.”

The groups banding together to protect the fish species in the Klamath River are battling against a mining process called “suction dredging.” These dredges, powered by gas or diesel engines, use powerful vacuum hoses to pull the gravel and sediment from the bottom of riverbeds. This sediment material passes through a sluice box and allows the heavier gold particles to settle into a series of riffles. After the gold is removed, the balance of the dredged material is often dumped back into the river.

This dredging technique is known to redistribute toxic mercury into the environment. As stated in earlier press reports, Izzy Martin, Director of the Sierra Fund, explained, “There is a lot of mercury settled on the bottom of these rivers as the result of gold mining operations in the 1800’s. Dredging reintroduces mercury to the stream creating a toxic hazard for fish and people.”

Mercury contamination has become a global concern as it applies to fish species in that testing has revealed increasingly high levels of mercury in fish populations that may be harmful when consumed. Exposure to mercury can lead to mental retardation, birth defects and neurological damage.

Suction dredging has come increasingly under attack as declining numbers of fish species such as steelhead, Coho salmon, green sturgeon, and lamprey are reported. Damage to the spawning grounds for the fish and the environmental impacts to critical river habitats are drawing the varied groups, including the Karuk Tribe, to take strong action to stop recreational mining.

“Dredging disturbs spawning gravels and kills salmon eggs and immature lamprey that reside in the gravel for up to seven years before maturing. In a system like the Klamath where salmon can be stressed due to poor water quality, having a dredge running in the middle of the stream affects the fishes ability to reach their spawning grounds,” explained Toz Soto, lead fisheries biologist for the Karuk Tribe, in previous press reports.

California Fish and Game manages suction dredge permits and opponents to this type of mining state that the CFG sustains a significant financial loss since the mining fees fail to cover expenses. Figures given by these groups explain that this amounts to spending $1.25 million per year to subsidize the destruction of California fisheries by gold mining hobbyists.

Many of the recreational miners come into California from other states because the mining laws are less restrictive there.

The Karuk Tribe, indigenous to the Klamath River region, states that the threat to them is greater than ever. Vice-Chairman Hillman told Native American Times, “The first gold rush killed more than half our people in 10 years. This modern gold rush continues to kill our fish and our culture.”

Hillman added, “The salmon populations have been effected in so many ways from dams on the rivers to environmental damage and mining. As it is now, we cannot harvest enough fish for our ceremonies or to meet our families’ food needs. The recreational gold miners are just a repeat of what began over 100 years ago.”

Though the Karuk Tribe does harvest salmon for food and ceremonial use only, the Tribe rarely harvests more than 200 fish. Since the population of the Tribe is approximately 4,200 members, the amount of fish taken from Ishi Pishi Falls doesn’t begin to meet the needs of their members. With recent drought warnings across California being issued, the Karuk fear that the salmon numbers will be far less given the stresses all ready upon the fish.

In response to the newest attacks from the recreational gold miners, The New 49-ers, Leaf Hillman stated, “Our fishing grounds have been used by the Karuk long before this land was called ‘America.’ We still use traditional dip nets to fish for the migrating salmon and our way of catching them allows us to release the more endangered species back into the river so that their populations can increase.”

Vice Chairman Hillman concluded by telling Native American Times, “We will not be removed from our traditional fishing grounds in favor of these miners. Harvesting and consuming salmon is a fundamental part of our Karuk culture. The recreational miners now threaten more than the survival of fish, they threaten the culture of the Karuk.”
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Portland Public Transit System Bans Kurok Indian Tribe's Ads to Save Klamath River Salmon

ACLU Files Free Speech Lawsuit Against TriMet

FEBRUARY 20, 2008 – The ACLU of Oregon today filed a lawsuit against Tri-County Metropolitan Transportation District of Oregon (TriMet), alleging the public bus company has violated federal and state constitutional free speech protections in its rejection of an advertisement it deems “political.”

The lawsuit was filed this morning in Multnomah County Circuit Court, on behalf of the Karuk Tribe of California and Friends of the River Foundation, who had sought to place an ad on TriMet buses regarding the damage done to salmon runs by electricity-generating dams, owned by Portland-based Pacific Power, on the Klamath River. The ad depicts three salmon facing a wall of electrical sockets, along with the caption, “Salmon shouldn’t run up your electric bill. They should run up the Klamath River.” The ad then directs the public to a website – http://www.salmonforsavings.com/ – for more information.

TriMet’s Advertising Standards Committee rejected the proposed ad on the grounds that it did not constitute an “advertisement” and that the public transit agency did not want its buses or property “to become a public forum for the dissemination, debate, and/or discussion of public issues.” The ACLU appealed the committee’s decision to TriMet’s general manager, who in a letter dated Jan. 18, 2008, upheld the rejection.

The ACLU contends that both rejections represent an unlawful restriction on speech in violation of Article 1, section 8, of the Oregon Constitution and the First Amendment of the U.S. Constitution. In filing its Petition for Writ of Review, the ACLU is asking the court to review these administrative decisions and determine whether TriMet’s advertising policies are unconstitutional.

“TriMet’s policies discriminate on speech based on its content, and we believe that is unconstitutional,” said David Fidanque, Executive Director of the ACLU of Oregon. “A public agency should not place itself in the role of deeming some speech acceptable and some speech objectionable. TriMet’s job is to transport riders, not to override free speech protections.”

The Karuk Tribe and Friends of the River seek to restore healthy salmon populations to the Klamath River. Their objective is the removal of PacifiCorp’s lower four Klamath River dams, allowing salmon to access more than 300 miles of their historic habitat.

“The Karuk Tribe has as much right to buy advertising space on publicly owned buses as anyone else,” said Leaf Hillman, Vice Chairman of the Karuk Tribe. “Our ad simply promotes a website with information about Pacific Power’s Klamath dams and how they impact the river as well as power rates. Refusing to run this ad is discriminatory and illegal.”

The Karuk Tribe and Friends of the River cite economic studies by the Federal Energy Regulatory Commission and the California Energy Commission that show removing the dams and purchasing renewable replacement energy would save Pacific Power ratepayers about $100 million.

“We are trying to get the word out to Pacific Power’s customers that dam removal could save them a significant amount of money,” said Kelly Catlett, Hydropower Reform Policy Advocate for Friends of the River. “It’s unfortunate TriMet thinks that is a message that needs to be censored.”

The writ demands that TriMet turn over to the court, within two weeks, its documentation of the refusal of the ad. A court hearing then would follow.

Thomas M. Christ of Cosgrave Vergeer Kester LLP is ACLU’s cooperating attorney on this case.

See http://www.karuk.us/ , http://www.friendsoftheriver.org)/ and http://www.salmonforsavings.com/ for more information.