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Portland, Oregon
- Yakama Nation
leaders gathered on April 21 in a historic meeting with tribal fishers
to discuss the presence of a coordinated intertribal enforcement effort
on the Columbia River. Yakama leadership present at the meeting included:
Tribal Council Chairman Harry Smiskin; General Council Chairman Moses
Squeochs; sergeant-at-arms Warren Spencer, Jr.; three Columbia River
chiefs Johnny Jackson, Wilbur Slockish, and Raymond Colfax; and Fish
and Wildlife Law and Order Committee chairman Virgil Lewis and members
Gerald Lewis and Richard “Mokey” George.
The meeting, held in The Dalles, Ore., brought together approximately
75 people including 35 tribal fishers and numerous tribal leaders,
attorneys and staff. Discussion centered on the concern of a lack
of tribal enforcement, an increased presence of Oregon and Washington
state law enforcement, and increased criminal activity along the
Columbia River. The group discussed the meaning of sovereignty as
the inherent authority of the people to make and enforce their own
laws. Most of those present agreed upon the need for an increased
expression of tribal sovereignty by the tribe on the Columbia River.
“We are in a very delicate situation,” said Virgil
Lewis. “I am aware that there are concerns over Yakama’s
involvement with CRITFC but the Yakama Nation needs to address the
enforcement concerns plaguing the Columbia River. We have to keep
our people safe. In order to do that, the Law and Order Committee
is considering re-issuing law enforcement commissions to CRITFC
Enforcement Officers, thereby making them an extension of Yakama’s
own enforcement. This is needed so that Yakama courts will have
jurisdiction over our tribal fishers, not state courts.”
Tribal Council Chairman Smiskin indicated that reassigning Yakama
enforcement from the reservation to the Columbia River is not an
option at this time due to limited resources and doing so would
expose the reservation to more criminal activity.
The meeting was held at the request of Virgil Lewis after concerns
were raised at the March 15 Yakama fishers’ meeting about
harassment of tribal fishers by state game wardens.
“I am aware that there is a renewed presence of Oregon and
Washington fisheries enforcement that is interfering with the treaty-reserved
fishing activities. I take these issues very seriously,” said
Paul Lumley, executive director of CRITFC. “If the tribe does
not enforce their fishery, someone else will. For many years, our
coordinated intertribal fisheries enforcement program was so successful
that state enforcement was not necessary.”
Yakama has not commissioned CRITFC Enforcement Officers since
2003 due to concerns of Yakama’s involvement with CRITFC.
Because of this, CRITFC Enforcement officers cannot cite Yakama
fishers into Yakama courts for violations of Yakama codes. Approximately
75% of tribal fishers on the Columbia River are citizens of the
Yakama Nation. An August 28, 2009 letter from Washington State Assistant
Attorney General Fronda Woods admits Washington Department of Fish
and Wildlife “has increased its patrols to compensate for
the loss of law enforcement presence that was provided by CRITFE.”
The letter states that Yakama tribal members are now referred to
local state courts.
“We are not making this decision lightly on whether to re-issue
enforcement commissions to CRITFC Enforcement officers. I want to
be open and honest with the tribal community as we go through this
deliberation process,” added Virgil Lewis.
CRITFC Enforcement Chief Davis Washines facilitated the historic
meeting. “I strongly support re-issuing Yakama enforcement
commissions, which are consistent with existing Yakama Nation Law
and Order Codes,” Washines stated at the close of the meeting.
“The Yakama Nation commissions many other non-Indian enforcement
jurisdictions at the federal, state, county, and city levels. Why
is it so difficult to commission a tribal enforcement program?”
The CRITFC Enforcement Program provides many services beyond enforcing
tribal fishers, including the protection of archeological resources,
emergency search and rescue, and issues citations of non-Indian
sport fishers.
Some tribal fishers at the meeting supported issuing the enforcement
commissions to CRITFC Enforcement while others expressed concerns
over a General Council resolution that removed the Yakama Nation
from CRITFC.
On the day after the historic meeting, some Yakama fishers capsized
their boat on the Columbia River during dangerous weather conditions
while performing ceremonial spring chinook fishing activities. One
fisher was taken to the hospital and three others made it to safety.
CRITFC Enforcement officers were first on the scene for the rescue
operations.
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About CRITFC
The Portland-based Columbia River Inter-Tribal Fish Commission is
the technical support and coordinating agency for fishery management
policies of the Columbia River Basin's four treaty tribes: the Confederated
Tribes of the Umatilla Indian Reservation, the Confederated Tribes
of the Warm Springs Reservation of Oregon, the Confederated Tribes
and Bands of the Yakama Nation and the Nez Perce Tribe.
CRITFC, formed in 1977, employs biologists, other scientists, public
information specialists, policy analysts and administrators who work
in fisheries research and analyses, advocacy, planning and coordination,
harvest control and law enforcement. |