by Dan Bacher
(Folsom) The California Fish and Game Commission today voted unanimously to approve an emergency regulation that will again allow the Kashia Band of Pomo Indians to harvest seaweed, shellfish and fish as they have done for thousands of years.
Under new regulations that went into effect on May 1 under the Marine Life Protection Act (MLPA) Initiative, the tribe was banned from subsistence and ceremonial gathering in the newly created Stewards Point Marine Reserve.
With some minor changes, the Commission approved the tribe’s proposed regulation that would amend the existing Marine Protected Area for the Stewarts Point Marine Reserve. The proposed changes would create a small shoreline State Marine Conservation Area (SMCA) within the existing reserve.
The tribe proposed that the SMCA’s boundaries would be generally from the mean high tide line to 100 yards offshore, and from the northern boundary of the existing reserve to just below Rocky Point, approximately four miles south.
However, the DFG recommended that, in conformance with existing regulations, the buffer zone should be 1,000 feet rather than 100 yards and be in a straight line. Reno Franklin and other tribal leaders at the meeting and Scott Williams, the tribe’s lawyer, agreed to this change.
“This is a big victory for the tribe,” said Franklin after the vote. “This is a rare thing we did here today.”
To my knowledge, this is the first time that tribal fishing and gathering rights have been formally recognized in the creation of a MPA under the MLPA Initiative – and the first time that an already adopted marine reserve has been amended to allow for tribal subsistence and ceremonial use.
According to the tribe’s proposal:
• The State Marine Conservation Area (SMCA) would be given the Kashia name for that location: “Danaga State Marine Conservation Area.”
• All commercial take of living resources would be prohibited.
• Recreational take of living resources from shore would be authorized consistent with other applicable laws.
The proposed conservation area would comply with science guidelines in that it would leave in reserve status an approximately three-mile shoreline stretch to the southern boundary of the existing reserve, as well as most of the near-shore kelp bed for the entire 7 mile span of the Marine Protected Area and the vast bulk of the nearly 25-square mile reserve.
The proposal also conforms to enforceability guidelines in that there exist visible markers of the boundaries of the conservation area.
Franklin emphasized the importance of the reopening the Stewarts Point Area to ceremonial and subsistence fishing and seaweed gathering by the tribe.
“The Kashia began on the coast,” Franklin stated. “Danaga is the place where we believe the tribe first stepped on the earth. It has tremendous significance for our tribe. We are a very traditional tribe that still speaks our language, follows our culture and respects our elders and follows their direction.”
When tribal leaders heard that the new reserve was going to prevent the tribe from harvesting seaweed shellfish and fin fish off their traditional areas, Franklin said they were very disappointed.
“The new regulations didn’t take into account the 10,000 years we have gathered off this spot,” he said. “This is a piece of who were are.”
Both sportfishing groups and environmental organizations, who have often clashed over the MLPA process, supported the amendments.
“I’m here to support the tribe’s proposal,” said Jim Martin, Marine Life Protection Act (MLPA) Program Outreach Coordinator for Mendocino County and the West Coast Director of the Recreational Fishing Alliance.
“However, you as a Commission had the option last year to adopt 2XA, a proposal that would have left this area open to the Kashia Pomo,” Martin reminded the Commission.
Kaitlin Gaffney of The Ocean Conservancy and Karen Garrison of the Natural Resources Defense Council (NRDC) also spoke in support of the amendment. They sent a joint letter in support of the proposal to the Commission on June 9.
“We view the Kashia’s proposed amendments as a thoughtful and balanced approach to resolving an unintended conflict between the existing Stewart’s Point SMR and traditional havest grounds important to the tribe,” Gaffney and Garrison wrote. “The Kashia carefully crafted their proposed amendments to address tribal concerns while also complying with the goals of the MLPA, the science guidelines contained in the MLPA Master Plan Framework, Department of Fish and Game feasibility guidelines and the interests of the California State Parks.”
Commissioner Michael Sutton, who made the motion for the proposal, said it would have been preferable for the proposal to have been made during the MLPA process. However, he referenced a letter from three members of the North Central Blue Ribbon Task Force – Catherine Reheis-Boyd, Bill Anderson and Meg Caldwell – who said that this issue was not considered by the task force at the time and recommended that it be considered now.
“Accordingly, we consider it appropriate for the Commission to consider this specific issue de novo,” the letter stated.
“The science guidelines are sacrosanct in the MLPA process and this proposal doesn’t affect the ability to meet those guidelines,” said Sutton.
This emergency regulation amendment will go now to the Office of Administrative Law for approval. Adrianna Shea of the Fish and Game Commission said this would probably take 30 days to be approved.
The adoption of this amendment by the Commission wouldn’t have been possible without the historic blessing ceremony, hosted by landowner Arch Richardson off Stewarts Point on April 30, that brought media and public attention to the injustice against the tribe.
Tribal elders Violet Chappell and her sister Vivian Parrish Wilder presided over the ceremony that drew 145 people, including members of the Kashia Pomo and other California Indian Tribes, recreational anglers, seaweed harvesters and environmental justice advocates, to thank and bless the ocean for the food it has provided to native peoples for thousands of years.
“This food was created by our creator – we treated it with care and respect,” said Chappell. “We are here to say respect us for our food – don’t close this area down because it’s part of our religion. I don’t think the Fish and Game Commission would be allowed to close down a Catholic Church, would they?
For more information and to view photos of the event, go to Violet Wilder’s facebook page, “KEEP THE NORTHERN CALIFORNIA BEACHES ACCESSIBLE FOR THE COASTAL TRIBES” (http://www.facebook.com/group.php?gid=105945012781743).
by Dan Bacher
Representatives of the No on the Water Bond Coalition slammed AB 2775, an alleged “fix” of the Safe, Clean, and Reliable Drinking Water Supply Act of 2010, after the bill passed out of the Senate Natural Resources and Water Committee on June 22.
“AB 2775 is no fix at all,” said Tina Andolina of the Planning and Conservation League. “Tinkering around the edges won’t fix this bond. This measure does not truly address the problem that the bond will allow private companies to profit as taxpayers foot the bill. We will see water privatization on an even larger scale if the bond passes, and this bill does nothing to address the problem.”
AB 2775, sponsored by Senator Jared Huffman (D-Marin) and Senator Dave Cogdill (R-Modesto), makes technical changes to the 2010 Water Bond, passed by the Legislature in November 2009 and scheduled to go to the voters in the November 2010 election.
Huffman and Cogdill, who rarely agree about anything with respect to water, coauthored this bill focusing on a “narrow point of consensus,” a “surgical change,” to quote Huffman.
The bill deletes Section 79749(b) that authorizes a Joint Powers Authority (JPA) that owns and operates a surface storage reservoir partially funded with public bond funds to include private members with equity participation, according to Senator Cogdill’s office.
“By removing this provision, AB 2775 clarifies two issues,” according to Cogdill’s office. “First, Section 79749 (b) allows private partners with equity shares in surface storage reservoirs that are in part publicly funded. Removing this provision resolves potential confusion with other provisions in the 2010 Water Bond that require public funds be used only for public benefit. Second, deleting Section 79749(b) clarifies that JPAs should include public agency members.”
However, Deborah Davis of the Environmental Justice Coalition for Water emphasized that AB 2775 deals with none of the fundamental problems of the water bond.
“California is facing a crushing $19 billion budget deficit, $83.5 billion in long-term bond debt, and legislative gridlock, yet our politicians hatched this massive, fundamentally flawed, $11 billion water bond behind closed doors and loaded it up with billions of dollars in pork,” said Davis. “AB 2775 takes none of the pork out of the water bond and is nothing more than a minor cosmetic change to an ugly package.”
“Wonky policy tweaks cannot change the fact that this bond asks the taxpayers to come up with an extra billion dollars a year in the middle of a massive recession to pay for projects that would do little, if anything, to increase the state’s supply of clean and reliable water,” added Jim Metropulos of the Sierra Club California.
Senator Lois Wolk, who cast the lone no vote against the bill, described the bill as “lipstick on a pig.” She voted against the amendment she believes it makes the bond more palatable. “This won’t eliminate the possibility of gaming the system,” she stated.
The bill has an urgency clause, but Jane Wagner-Tyack of Restore the Delta asked, “Why the urgency?”
“In a deeply flawed water bond, the joint powers provision is one of the deepest flaws,” she stated. “Organizations opposing the water bond have noted that this provision would open the gate for more entities like the Kern Water Bank, where private investors profit from public infrastructure investments. The legislature wants to get it out of the water bond before the Secretary of State prepares the measure for the November ballot.”
She emphasized that the “real problem” is with Section 6252 of the Government Code, which allows mutual water companies to enter into joint powers agreements with public agencies.
“For example, Westside Mutual Water Company is the entity that allows Stewart Resnick to control the Kern Water Bank,” Wagner-Tyack explained. “Removing the reference to nongovernmental partners from the bond won’t eliminate mutual water companies or change the Government Code.”
AB 2775 will require a 2/3 vote of the legislature and requires fiscal committee review, according to Wagner-Tyack.
Opponents of the water bond believe that it is part and parcel of an effort to build a peripheral canal to facilitate water exports to corporate agribusiness and southern California water districts. The peripheral canal/tunnel is estimated to cost anywhere from $23 billion to $53.8 billion at a time that the state is in its greatest economic crisis since the Great Depression.
No on the Water Bond is sponsored by a coalition of consumer, environmental, fishing, farming, tribal and ethnic organizations opposed to the water bond that will be on the statewide ballot in November. Coalition members include the Sierra Club California, Environmental Justice Coalition for Water, Friends of the River, Food and Water Watch, the Planning and Conservation League, and Restore the Delta.
For more information, go to www.nowaterbond.com or www.restorethedelta.org.
| On the Indigenous Politics Radio Show today, Dr. J. Kehaulani Kauanu will interview three Kashia Pomo women based on the reservation at Stewart’s Point in northwestern Sonoma County, CA, who are leading the fight to keep the area open for tribal access. Guests include including two tribal elders: Violet Parrish and her sister Vivian Parrish Wilder, and their niece and daughter (respectively), Violet Wilder. The announcement is below:
Dan
INDIGENOUS POLITICS: FROM NATIVE NEW ENGLAND AND BEYOND Radio Program on WESU, Middletown, CT Keep Northern Coastal waters accessible to the California Coastal Tribes! On Tuesday, June 22, 2010, join your host, J. Kehaulani Kauanui for an episode about the struggle to keep Northern Coastal waters accessible to the California Coastal Tribes. The issue has to do with the implementation of The Marine Life Protection Act (MLPA) of 1999 that is part of the California Fish and Game Code. The Marine Life Protection Act Initiative is a public-private partnership established to help the State of California implement the Act, which requires California to reevaluate all existing Marine Protected Areas and potentially design new Marine Protected Areas that together function as a statewide network. Where do tribal nations fit into this state-driven scheme? What are the effects of the Act and its revised implementation on traditional shoreline access for California Coastal tribes? It seems that Gov. Arnold Schwarzenegger’s Marine Life Protection Act (MLPA) process threatens the religious, subsistence and ceremonial rights of coastal tribes. For thousands of years, tribal peoples have gathered seaweed, mussels, abalone and fish from the inter-tidal zone for subsistence and ceremonial purposes. On the show we will hear from three Kashia Pomo women based on the reservation at Stewart’s Point in northwestern Sonoma County, CA, who are leading the fight to keep the area open for tribal access. Guests include including two tribal elders: Violet Parrish and her sister Vivian Parrish Wilder, and their niece and daughter (respectively), Violet Wilder. This show is syndicated on select Pacifica-affiliate stations: WPKN in Bridgeport, CT and Montauk, NY; WNJR, in Washington, PA, WETX-LP, “The independent Voice of Appalachia,” which broadcasts throughout the Tri-Cities region of East Tennessee, southwest Virginia, and northwest North Carolina; WBCR-lp in Great Barrington, MA and WORT in Madison, WI. All past programs of “Indigenous Politics” are archived online: www.indigenouspolitics.com The show’s producer and host, Dr. J. Kehaulani Kauanui is an associate professor of American Studies and Anthropology at Wesleyan University. She is the author of Hawaiian Blood: Colonialism and the Politics of Sovereignty and Indigeneity (Duke University Press, 2008). http://jkauanui.faculty.wesley.. |
by Dan Bacher
Barbara Barrigan-Parrilla, in an announcement from Restore the Delta on June 21, asked the question: “What would you do with $800 million per year?”
That’s the amount it will cost Californians every year to pay the principal and interest on the $11.14 billion water bond. The bond, known as the Safe, Clean, and Reliable Drinking Water Supply Act of 2010 by its proponents, was part of the controversial water package that emerged from the special Legislative Session called by Governor Arnold Schwarzenegger last fall.
“With $800 million, California could rehire 12,000 teachers that were laid off this spring,” Barrigan-Parrilla stated. “We could pay for four years of the Healthy Families program, which insures 900,000 children in California.”
Do you remember those state parks that Schwarzenegger threatened to close last year? “We could run them for 57 years,” she said.
“Or we could pay for one year of principal and interest on the Water Bond to set the stage for building a peripheral canal through the Delta and to give corporate agribusiness, private water companies and developers more control of our water. All at the expense of Delta family farmers and Delta fisheries,” Barrigan-Parrilla explained.
Restore the Delta is part of a statewide campaign that includes the Sierra Club, Friends of the River, Food and Water Watch, Clean Water Action, the Pacific Coast Federation of Fishermen’s Associations and many other groups. The No on the Water Bond coalition is “working against big money and big power” to defeat the Water Bond in November, said Barrigan-Parrilla.
The Water Commission of the Inter-Tribal Council of California (ITCC) is also urging people to vote “no” on the water bond on November 2. The Commission pinpoints three reasons for voting no on the water bond: “1. The water bond was written without Tribal inclusion; 2. Language excludes ‘Tribes’ from eligibility criteria; and 3. Tribes Water Rights will be excluded again through this conveyance.”
Arturo Rodriguez, president of the United Farmworkers Union (UFW), also strongly opposes the water bond, contending that it further subsidizes corporate agribusiness.
“The water bond that was recently approved by our lawmakers will give agricultural companies billions more in subsidized water,” said Rodiguez in an op-ed in the San Francisco Chronicle on February 23 (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/02/22/ED7U1BUUH3.DTL). “The state treasurer has asked the right question: Why aren’t these giant ag industry operators paying for their water like everyone else?”
Water bond supporters try to portray it as a “vital measure” that will restore the Delta while providing water to California’s increasing population.
“It’s time to act now to begin fixing our water system before it’s too late,” said Jim Earp, executive director of the California Alliance for Jobs and chair of the Alliance for Clean Water and Jobs, the committee in support of the water bond. “The water bond will invest in the repairs we need to safeguard water supplies, to upgrade water infrastructure, to clean up contamination, and to restore the Delta so we can protect this vital resource for wildlife, people and businesses.”
However, Barrigan-Parrilla and other water bond opponents say the pro-bond campaign is a “con” job.
“Bond supporters are trying to make the water bond sound like a good idea, but don’t be deceived: It’s a con,” said Barrigan-Parrilla, Restore the Delta’s campaign director. “Backed by the Governor, developers, and wealthy agribusinesses, the bond would build more dams and allow private interests to control more of our water.”
She added, “Projects in the bond that we support, like conservation, will not be funded for years if ever. We must oppose this bond and work for better water policies that truly benefit the public.”
I agree. There are a lot of good things that California could do with $800 million a year, such as restoring salmon and other fish populations. In fact, I can’t think of much worse things to do with $800 million per year than building more dams and bailing out corporate agribusiness.
Don’t be fooled by the water bond’s backers, who include Governor Arnold Schwarzenegger, Senator Dianne Feinstein, San Joaquin Valley agribusiness, southern California water agencies.
Don’t be conned by support of the bond by the Nature Conservancy and Audubon California, who provide the “environmental” cover for this water grab by agribusiness and southern California developers.
By signing up for the coalition’s action alert list, you’ll learn about ways to get involved, see the new social media tools and viral videos the campaign is producing, and learn more about this disastrous bond.
Join the campaign and tell your friends. Join the coalition’s people-powered campaign to defeat the bond! Go to: http://www.nowaterbond.com.
Below is Beth Warner’s article in the Eureka Times-Standard, followed by my response:
www.times-standard.com/othervoices/ci_15332824
Clarification of the Marine Life Protection Act
by Beth Warner
June 19, 2010
Most people have heard of the Marine Life Protection Act (MLPA) in one way
or another, but there seems to be some confusion as to what is fact or
fiction. As someone that has been involved-working alongside other community
members from every walk of life to build a marine protected area plan that
will work for our community — I wanted to provide a brief overview of what
has happened thus far in California and on the North Coast.
The MLPA is making California a world leader in ocean protection by creating
a network of marine protected areas that spans the entire state. The
protected areas are being put into place one region at a time to allow local
people to weigh in. After three years of study and negotiations, the design
and mapping work is done from Alder Creek south to the border with Mexico.
Our North Coast region is the final stretch.
Thus far, the North Coast has had many community meetings with commercial
and recreational fishermen, tribal citizens, environmentalists, consumptive
divers, kayak fishermen, oyster farmers, kelp harvesters and many others.
With so many interests represented at the table, it is hard work to find
solutions everyone can agree on, but we can all agree the health of the
ocean is essential to our way of life and economy.
The community meetings yielded various marine protected area plans, which
were then reviewed by a group of scientists. The marine protected areas we
create here on the North Coast will have to meet some important standards:
first, they must stand up to the scientific guidelines, which are designed
to help maximize environmental gains; and second, they need to take into
account potential economic impacts on the fisheries from each port in the
region. The community maps and assessments are publicly available on the
Department of Fish and Game website.
Community-nominated members of what is called the Regional Stakeholder Group
now have the maps and their associated evaluations. Their job is to create a
final plan (or series of plans) that represents our shared interests as a
region. Over the next several months, they will work to map out protections
that balance the needs of different user groups and marine life — all while
meeting scientific guidelines and minimizing socio-economic impacts.
At the end of the year, these maps –or a single map if the stakeholders can
conclusively agree — will be reviewed by the Fish and Game Commission and a
final network will go into the books.
As we work our way through this challenging process, it’s worth remembering
why we are doing it — we all want a healthy ocean that will provide for us
and our children.
The MLPA process relies heavily on public input. Collectively, the citizens
of the north coast region have the knowledge and ability to create a
scientifically robust plan that will keep us fishing far into the future.
The Stakeholders, Science Advisory Team (the scientists reviewing the maps)
and the Blue Ribbon Task Force (the group that reviews the final map designs
before DFG) meetings all are open for the public — and they need your
voice. There is a public meeting on July 7th at the Humboldt Bay Aquatic
Center in Eureka at 5 p.m. — the meeting encourages the public to attend as
this process thrives on public participation.
Please attend the meeting and support the efforts of your community members
in designing a legacy for California waters. All meeting agendas, schedules,
maps and evaluations are all available on the DFG website and meetings are
streamed online and can be found http://www.dfg.ca.gov/mlpa/meetings_n.asp.
You can also submit comments to the 34 members of the Regional Stakeholder
Group at MLPAComments@resources.ca.gov .
Beth Werner is the outreach and MLPA coordinator at Humboldt Baykeeper.
MLPA: The Privatization of Ocean Management
by Dan Bacher
June 20, 1010
Beth Werner, the outreach and MLPA coordinator at Humboldt Baykeeper, claims
in her article, “Most people have heard of the Marine Life Protection Act (MLPA)
in one way or another, but there seems to be some confusion as to what is fact or fiction.”
However, for people that have actually examined the implementation of the
MLPA Initiative since Governor Arnold Schwarzengger privatized the process
in 2004, there is no confusion “as to what is fact or fiction.”
The fact is that Schwarzenegger’s MLPA Initiative is a privately funded
process overseen by oil industry, marina development, real estate and other
corporate interests. Rather than truly protecting the ocean as the landmark
law originally intended to do, the MLPA Initiative under Schwarzenegger has
completely taken water pollution, habitat destruction, oil drilling, wave
energy projects and all other human uses of the ocean other than fishing and
seaweed harvesting off the table.
I have a series of questions to ask Werner and other proponents of
Schwarzenegger’s MLPA process.
Why does the MLPA engage in cultural genocide by banning the Kashia Pomo
Tribe from harvesting seaweed and shellfish off their sacred site, “Danaka,”
in Sonoma County?
Why has the Initiative shown no respect for tribal subsistence and
ceremonial rights? This is an overt violation of the American Indian
Religious Freedom Act and the UN Declaration on the Rights of Indigenous
People. Article 32, Section 2, of the Declaration mandates “free prior and
informed consent” in consultation with the indigenous population affected by
a state action (http://www.iwgia.org/sw248.asp ).
Why did MLPA staff until recently violate the Bagley-Keene Act and the First
Amendment of the U.S. Constitution by banning video and audio coverage of
the initiative’s work sessions?
Why do the MLPA Blue Ribbon Task Force (BRTF) and Science Advisory Team
continue to violate the California Public Records Act by refusing to respond
to numerous requests by Bob Fletcher, former DFG Deputy Director, for key
documents and records pertaining to the MLPA implementation process?
Why did the Governor and MLPA officials install an oil industry lobbyist, a
marina developer, a real estate executive and other corporate interests as
“marine guardians” to kick Indian Tribes, fishermen and seaweed harvesters,
the greatest defenders of the oceans, off the ocean?
Why is Catherine Reheis-Boyd, the president of the Western States Petroleum
Association, allowed to make decisions as the chair of the BRTF for the
South Coast and as a member of the BRTF for the North Coast, panels that are
supposedly designed to “protect” the ocean, when she has called for new oil
drilling off the California coast?
Why does the initiative discard the results of any scientists who disagree
with the MLPA’ pre-ordained conclusions? These include the peer reviewed
study by Dr. Ray Hilborn, Dr. Boris Worm and 18 other scientists, featured
in Science magazine in July 2009, that concluded that the California current
had the lowest rate of fishery exploitation of any place studied on the
planet.
Why do MLPA staff and the California Fish and Game Commission refuse to hear
the pleas of the representatives of the California Fish and Game Wardens
Association, who oppose the creation of any new MPAs until they have enough
funding for wardens to patrol existing reserves?
Finally, why is a private corporation, the shadowy Resources Legacy Fund
Foundation, being allowed to privatize ocean resource management in
California through a Memorandum of Understanding (MOU) with the DFG?
Werner proclaims, “As we work our way through this challenging process, it’s
worth remembering why we are doing it — we all want a healthy ocean that
will provide for us and our children.”
How can you possibly conclude that a privately funded initiative filled with
so many confllcts of interest and violations of state, federal and
international laws will result in a “healthy ocean ocean that will provide
for us and our children?”
Dan Bacher is the editor of the Fish Sniffer magazine, www.fishsniffer.com.
Paper Water: And Other Sordid Tales (35:46)
Paper Water is a video from Salmon Water Now about the sordid things happening in California’s water world. It is about four corners of darkness that a handful of wealthy and powerful individuals and agribusiness corporations would rather not be talked about.
The subjects of this video are: Beverley Hills billionaire “farmer” Stewart Resnick, the Kern Water Bank, the Monterey Plus Amendments, and the powerful Westlands Water District. Any one of these stories is alarming. Taken together as a whole, it is easy to see why wild California King salmon are on the edge of extinction and why California taxpayers and water rate payers in southern California are being screwed.
Stewart Resnick
Beverley Hills billionaire “farmer” Stewart Resnick is well known for his generous gift giving. He has given millions of dollars for hospitals, art museums, education and research that benefit many. But less well known are his donations to state and national politicians. This segment of Paper Water documents his political donations, his connections to powerful politicians, and his need for unlimited irrigation water to keep his Paramount Farms business productive. It was Mr. Resnick who demanded that the National Academy of Science re-review the work of Federal scientists that resulted in pumping restrictions of Delta water in order to protect salmon and other species from going extinct. He did not agree with those protection plans so he pushed Senator Diane Feinstein to have the Obama administration review the validity of the plans. That cost taxpayers $750,000 only to be told that the protection plan was “scientifically justified.” Mr. Resnick is a very wealthy and powerful player in the struggle over California Water and as you will see in this video, his name keeps popping up.
Kern Water Bank
The story of the Kern Water Bank is important because it started as a taxpayer-funded project to store water underground so it could be made available in times of scarcity to those who needed it. But the State ended up walking away from the project and handed it over to the Kern Water Agency who immediately gave ownership of it to the Kern Water Bank Authority, an entity made up of water districts and Paramount Farms, owned by Stewart Resnick. Mr. Resnick is the major owner and beneficiary of this former State-owned water bank and it has made him even richer and more powerful.
Monterey Plus Amendments
In 1994 the state contractors that deliver water to cities and agriculture met secretly in Monterey to re-write the rules of water delivery. They wanted to change the rules that protected urban areas in times of drought. This is a very difficult subject to understand but the bottom line is that the original 1960 rules were thrown out so that big agriculture and big real estate developers could have their way with a public trust resource, water. And here again, the name of Paramount Farms and Stewart Resnick comes into the story.
Westlands Water District
Without a doubt, the Westlands Water District is the most powerful and loudest voice in the battle over water use. This segment of Paper Water looks at who the players are in Westlands and what we believe is their ultimate endgame. Their continuing demands for more and more water have put salmon on the bring of extinction. But, for what? They will tell you they need the water to irrigate crops, which is true. But the land they grow those crops in is toxic, desert soil that will eventually become totally unsuitable for agriculture. They know that but water rights are more valuable than the crops they grow so they continue to demand water that is critical for recovering salmon.
These are complicated stories. These are important stories. These are stories that deserve to be told, especially now in the run-up to the 2010 General Election which has voters deciding YES or NO on the $11.1 billion dollar water bond. We believe that any one of the four stories presented in this video make a compelling argument to vote NO on the water bond. If it passes, the forces of darkness shown in the video will continue to have their way. They will continue to ratchet up their demands for water regardless of the impact on California’s fragile ecosystems, and the State’s fiscal health.
Paper Water is a wake-up call. A call for balance and equitable distribution of water for cities, sustainable agriculture, and our natural ecosystems. A call for sanity and the end of personal and corporate wealth at the expense taxpayers and the environment.
Share this eye-opening video with your friends, family and co-workers because it is way past time for Salmon Water Now!
Watch on Vimeo from start to finish or in segments on YouTube:
Vimeo: http://www.vimeo.com/9183542
YouTube
Part 1; Stewart Resnick
http://www.youtube.com/watch?v=1h8sAv0pQJU&hd=1
Part 2: Kern Water Bank
http://www.youtube.com/watch?v=O9RwhIznZ6s&hd=1
Part 3: Monterey Plus Amendments
http://www.youtube.com/watch?v=RbzhpnkbtkA&hd=1
Part 4: Westlands Water District
“The public is invited to attend the open houses to visit informational stations, review and comment on draft marine protected area proposals, provide input on particular areas of interest, and ask questions of staff and regional stakeholders,” according to an announcement from the MLPA Initiative.
Photo: Surfs Up – If Catherine Reheis-Boyd gets her way? Here is a photo of the “surf” in the Gulf of Mexico, thanks to the BP Deepwater Horizon Catastrophe. Could this be a vision of California’s future if Catherine Reheis-Boyd, the chairperson of the MLPA Blue Ribbon Task Force for the South Coast and a member of the panel for the North Coast, gets her wish to open up new oil drilling off the California coast?

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by Dan Bacher
Governor Arnold Schwarzenegger’s Marine Life Protection Act (MLPA) Initiative, a privately funded process overseen by oil industry, marina development, real estate and other corporate interests, will be holding a series of “North Coast Summer Public Open Houses in Fort Bragg, Briceland, Eureka, Orrick and Crescent City on July 6, 7 and 8.
MLPA officials are inviting the public to “review and provide feedback” on draft marine protected area proposals for the MLPA North Coast Study Region” from Alder Creek near Point Arena to the California/Oregon border during these “open houses.”
“The public is invited to attend the open houses to visit informational stations, review and comment on draft marine protected area proposals, provide input on particular areas of interest, and ask questions of staff and regional stakeholders,” according to an announcement from the MLPA Initiative.
Unfortunately, rather than truly protecting the ocean as the landmark law originally intended to do, the MLPA Initiative under Schwarzenegger has completely taken water pollution, habitat destruction, oil drilling, wave energy projects and all other human uses of the ocean other than fishing and seaweed harvesting off the table. These “open houses” are apparently designed to sell the privatization of ocean management through the MLPA process to the public.
North Coast environmental leaders such as Barbara and John Stephens-Lewallen believe that the MLPA Initiative paves the way to the development of offshore oil on the North Coast, particularly in the Point Arena Basin. The initiative is funded by a private corporation, the Resources Legacy Fund Foundation, headed by executive director Michael Eaton.
I have a series of questions to ask the MLPA Initiative staff:
• Why does the MLPA engage in cultural genocide by banning the Kashia Pomo Tribe from harvesting seaweed and shellfish off their sacred site, “Danaka,” in Sonoma County?
• Why has the Initiative shown no respect for tribal subsistence and ceremonial rights? This is an overt violation of the American Indian Religious Freedom Act and the UN Declaration on the Rights of Indigenous People. Article 32, Section 2, of the Declaration mandates “free prior and informed consent” in consultation with the indigenous population affected by a state action (http://www.iwgia.org/sw248.asp).
• Why did MLPA staff until recently violate the Bagley-Keene Act and the First Amendment of the U.S. Constitution by banning video and audio coverage of the initiative’s secretive work sessions?
• Why do the MLPA Blue Ribbon Task Force (BRTF) and Science Advisory Team continue to violate the California Public Records Act by refusing to respond to numerous requests by Bob Fletcher, former DFG Deputy Director, for key documents and records pertaining to the MLPA implementation process?
• Why did the Governor and MLPA officials install an oil industry lobbyist, a marina developer, a real estate executive and other corporate interests as “marine guardians” to kick Indian Tribes, fishermen and seaweed harvesters, the greatest defenders of the oceans, off the ocean?
• Why is Catherine Reheis-Boyd, the president of the Western States Petroleum Association, allowed to make decisions as the chair of the BRTF for the South Coast and as a member of the BRTF for the North Coast, panels that are supposedly designed to “protect” the ocean, when she has called for new oil drilling off the California coast?
• Why do initiative officials attempt to divide and conquer environmentalists, fishermen and tribal communities by trying to split them into separate groups in the Regional Stakeholders Group on the North Coast?
• Why has Ken Wiseman, the executive director of the MLPA Initiative, issued a draconian “gag rule” that prohibits members of the stakeholders group from speaking to the press?
• Why does the initiative discard the results of any scientists who disagree with the MLPA’s pre-ordained conclusions? These include the peer reviewed study by Dr. Ray Hilborn, Dr. Boris Worm and 18 other scientists, featured in Science magazine in July 2009, that concluded that the California current had the lowest rate of fishery exploitation of any place studied on the planet.
• Why do initiative officials completely refuse to acknowledge that the California coast has the largest marine protected area (MPA) in the United States – the Rockfish Conservation area – that extends along the entire continental shelf of California?
• Why do MLPA staff and the California Fish and Game Commission refuse to hear the pleas of the representatives of the California Fish and Game Wardens Association, who oppose the creation of any new MPAs until they have enough funding for wardens to patrol existing reserves? That’s why the wardens refer to MPAs as “Marine Poaching Areas.”
• Finally, why is a private corporation, the shadowy Resources Legacy Fund Foundation, being allowed to privatize ocean resource management in California through a Memorandum of Understanding (MOU) with the DFG?
These are the hard questions that people need to ask MLPA staff at these so-called “North Coast Open Houses!”
Here is the announcement from the MLPA Initiative about the “open houses.”
California Marine Life Protection Act Initiative Announcement
Who: Interested members of the public are invited!
What: North Coast Summer Public Open Houses, where members of the public are invited to review and provide feedback on draft marine protected area proposals for the MLPA North Coast Study Region (from Alder Creek near Point Arena to the California/Oregon border); these draft marine protected area proposals are from Round 2 of a three-round planning process. The public is invited to attend the open houses to visit informational stations, review and comment on draft marine protected area proposals, provide input on particular areas of interest, and ask questions of staff and regional stakeholders.
When/Where: July 6-8, 2010 in five north coast locations
Drop by anytime! Please note specific times associated with each location.
Tuesday, July 6
5:00 – 7:30 p.m.
C.V. Starr Community Center
300 South Lincoln Street
Fort Bragg, CA
Wednesday, July 7
8:00 – 10:00 a.m.
The Octagon/Beginnings
5 Cemetery Road
Briceland, CA
5:00 – 7:30 p.m.
Humboldt Bay Aquatic Center
921 Waterfront Drive, Room 211
Eureka, CA
Thursday, July 8
11:00 a.m. – 1:00 p.m.
Redwood National and State Parks
South Operations Center
121200 Hwy. 101
Orick, CA
5:00 – 7:30 p.m.
Elk Valley Rancheria Community Center
2332 Howland Hill Road
Crescent City, CA
RSVP: To ensure adequate refreshments and seating, please RSVP to Delbra Gibbs (916.424.8897 or dga_mlpa [at] sbcglobal.net).
What if I can’t attend one of the public open houses in person?
If you are not able to attend, you may also provide your feedback on Round 2 draft MPA proposals by visitinghttp://www.dfg.ca.gov/mlpa/mpaproposals_nc.asp. Here, you can complete an online form expressing your comments, which will be shared with the NCRSG and BRTF. Additionally, print copies of the feedback forms are available at local libraries and government offices, which can be mailed or faxed to the MLPA Initiative office.
Your comments will be most helpful if received no later than July 14, 2010 so the information can be distributed to NCRSG and BRTF members prior to the start of Round 3.
What is the Marine Life Protection Act?
The Marine Life Protection Act (MLPA) requires the state to re-examine and redesign California’s system of marine protected areas. Draft marine protected area proposals have been developed by a regional stakeholder group with input from external arrays developed by community groups.
by Dan Bacher
The Water Commission of the Inter-Tribal Council of California (ITCC), in a powerfully worded statement, is urging people to vote “No” on the $11.14 water bond on the November ballot.
The water bond/water policy package, pushed through the Legislature by Governor Arnold Schwarzenegger and Senate President Pro Tem Darrell Steinberg last November, creates a clear path to the construction of a peripheral canal and new dams. California Indian Tribes, recreational anglers, commercial fishermen, Delta farmers, environmental justice communities and the vast majority of environmental groups were completely excluded from the back door negotiations that led to the passage of the water package.
The Inter-Tribal Water Commission pinpoints three reasons for voting no on the water bond: “1. The water bond was written without Tribal inclusion; 2. Language excludes ‘Tribes’ from eligibility criteria; and 3. Tribes Water Rights will be excluded again through this conveyance.”
“The Department of Water Resources and their private contractors believe that ‘No Indians’ have ever lived in the Delta, which now they are testing for the new canal,” the Commission states. ”They are not following Section 106 or CEQA requirements in including Tribal participation.”
“Construction for existing and new proposed dams and reservoirs will entitle private ownership to individuals that can afford to buy those senior rights,” the Commission continues. “Tribes will not have the opportunity to secure bond water money to develop access to water strategies, address lack of sustained water for fish and forestry, traditional cultural uses, potable water, etc.”
The statement also points out how the proposed peripheral canal will “destroy tribal villages and burial sites;” will raise the cost of residential and tribal business water rights and rates; and will “further the privatization” of public trust waters, “again leaving out Tribal Water Rights.”
“The federal and state governments have not lived up to the original Central Valley Project (CVP) agreements to Tribes to this date. If the water bond passes, it will FOREVER eliminate Native programs funded through the state,” the Commission concludes.
I applaud the Commission for issuing this strong statement against the water bond. We must challenge the politics of exclusion, as exemplified in the water bond and the campaign by the Governor and corporate agribusiness to build a peripheral canal and new dams, and defeat the water bond at the ballot box in November.
The Commission joins a diverse group of political leaders, environmental and consumer groups, ethnic and tribal organizations and fishing groups in urging Californians to vote no on the Water Bond.
The water bond will help create the infrastructure to build a peripheral canal and new dams. Canal opponents believe that the “new conveyance” is likely to lead to the extinction of Sacramento River Chinook salmon, Central Valley steelhead, Delta smelt, green sturgeon and southern resident killer whales. The canal/tunnel will cost an estimated $23 billion to $53.8 billion water bond at a time when California is in its greatest economic crisis since the Great Depression.
“The peripheral canal is a big, stupid idea that doesn’t make any sense from a tribal environmental perspective,” said Mark Franco, headman of the Winnemem Wintu (McCloud River) Tribe. “Building a canal to save the Delta is like a doctor inserting an arterial bypass from your shoulder to your hand– it will cause your elbow to die just like taking water out of the Delta through a peripheral canal will cause the Delta to die.”
Statewide environmental and consumer organizations opposing the bond include Sierra Club California, Environmental Justice Coalition for Water, Clean Water Action, California Coastkeeper Alliance, California Water Impact Network (C-WIN), Planning and Conservation League, Desal Response Group and Food and Water Watch.
Local and regional environmental organizations in opposition include Butte Environmental Council, Friends of the River, Restore the Delta, Sacramento Audobon Society, Sierra Nevada Alliance, Southern California Watershed Alliance, Urban Semillas, Cultivating Sustainable Communities, The Downstream Coalition, Ebbetts Pass Forest Watch and Friends of the Trinity River.
Ethnic and tribal associations opposing the bond include Hispanics for Political Action, La Raza Centro Legal and Winnemem Wintu Tribe. Fishing and recreational organizations in opposition include the California Fisheries Network, Half Moon Bay Fishermen’s Association Salmon Water Now, San Francisco Crab Boat Owners Association, Small Boat Commercial Salmon Fishermens’ Association and the California Sportfishing Protection Alliance.
Expect more organizations to declare their opposition to the water bond as the November election draws closer.
For more information about the Inter-Tribal Water Commission, contact: Randy Yonemura, honortraditions [at] mail.com, or Atta P. Stevenson, wtalker101 [at] yahoo.com.
For more information about opposing the water bond, go to: http://www.nowaterbond.com.
Below is the complete statement from the Inter-Tribal Water Commission:
“NO” on Water Bond
The Inter-Tribal Water Commission recommends voting “NO” on the California “Water Bond” on the November ballot.
Why?
1. The water bond was written without Tribal inclusion.
2. Language excludes “Tribes” from eligibility criteria.
3. Tribes Water Rights will be excluded again through this conveyance.
Construction for existing and new proposed dams and reservoirs will entitle private ownership to individuals that can afford to buy those senior rights. Tribes will not have the opportunity to secure bond water money to develop access to water strategies, address lack of sustained water for fish and forestry, traditional cultural uses, potable water, etc.
The new proposed canal will destroy Tribal villages and burial sites.
The Department of Water Resources and their private contractors believe that “No Indians” have ever lived in the Delta, which now they are testing for the new canal. They are not following Section 106 or CEQA requirements in including Tribal participation.
The water bond will raise the cost of residential and Tribal business water rates in California. The passage will further the privatization of federal, state and local government waters, again leaving out Tribal Water Rights!
Tribes are left out of the environmental process, as they are now, which includes Floodsafe, thereby excluding water for wild salmon.
The federal and state governments have not lived up to the original Central Valley Project (CVP) agreements to Tribes to this date.
The stranglehold of junior water rights handlers as Westland and Metropolitan Water Districts will be elevated to senior water rights. Again, this excludes Tribal Water Rights.
If the water bond passes it will FOREVER eliminate Native programs funded through the state.
Inter-Tribal Water Commission
| by Dan Bacher
Want to have eat some great food and have a lot of fun while supporting fishery restoration in Mendocino County? Make sure that you attend the 39th annual World’s Largest Salmon Barbecue,” to be held in South Noyo Harbor in Fort Bragg, on Saturday, July 3. The event will be dedicated to restoration efforts in the Big River Watershed this year. The Salmon Restoration Association (SRA’s) annual fundraiser funds many key educational efforts and watershed work in the campaign to save flagging king and silver salmon populations, according to SRA President Joe Janisch. “Between 3,000 and 4,000 people show up every year for the event,” said Janisch. “Surveys have shown that the majority of the crowd comes from the Sacramento Valley and Santa Rosa area. People escape July heat and make a weekend of it, providing significant income to the Mendocino Coast economy, creating a festive atmosphere in Fort Bragg and Mendocino.” A ticket for $25 buys a giant plate of wild-caught salmon, salad, corn on the cob and garlic bread, along with live music and dancing. There will be an eggplant alternative for vegetarians. There is award-winning microbrew from North Coast Brewing, fair trade coffee from Thanksgiving Coffee and wine from many local vintners. Cowlicks ice cream is served. Fireworks take place after dark following the event. The SRA provides shuttle service from College of the Redwoods parking lot to South Noyo Harbor from 11 a.m. to 6 p.m. in South Noyo Harbor. The always wild and wacky 4th of July parade will be held on Sunday this year. The income from this year’s barbecue will go towards restoring salmon passage and habitat on Big River. Two years ago, the SRA put $30,000 in as seed money toward a habitat restoration and bridge replacement project on Kass Creek in the Noyo River Watershed. Once SRA money was dedicated, state, federal and timber company funds were obtained for a project that will cost more than $150,000. That project got started this month. Now, SRA will dedicate the proceeds of the 2010 barbecue to getting the some of most troublesome problems on the Big River watershed fixed. “The money will be dedicated this year and then with our partners from the Big River Coalition, we will decide which project are most worthy and then obtain additional matching funds to complete the work,” said SRA President Joe Janisch. “One possible project is a culvert removal on James Creek about a mile past where the creek crosses Highway 20.” The current culvert is preventing salmon from moving up stream to spawn. There is also a proposed project on the South Fork of Big River with State Park that will improve salmon spawning and rearing habitat. Where else does the ticket money go? Projects funded by SRA include: •$6500 for hands on restoration of riparian and forest habitat by Fort Bragg middle school students, working in Otis Johnson Wilderness Park. The effort is directed by Helene Chalfin of Jughandle Creek Farm and Nature Center and includes, SRA, the city and school district as partners. “The SRA wants every student a chance to get dirty working in the forest, to see how history and biology of the area are intertwined with the health of the ecosystem and the area’s economy,” said Janisch. “We have found many young Fort Braggers have very little experience in the forest and streams. We hope that this program will help create a new generation of forest, river and salmon restorers.” •$5000 for a Salmon Survey on Anderson Creek, a tributary to the Eel River. The project is being used by the Redwood Forest Foundation in the 50,000 acre Usal Forest in the northern Mendocino County area. Anderson Creek lost its large salmon population to severe erosion caused by legacy logging practices. • $5000 to help locals understand Governor Arnold Schwarzenegger’s controversial Marine Life Protection Act (MLPA) Initiative, currently in the process of creating new marine protected areas (MPAs) off the entire Coast of California. The SRA knows that people who fish are among the best friends of salmon restoration. • $30,000 as part of a $150,000 Noyo Watershed Alliance effort to replace a bridge this summer that is blocking salmon passage from the Noyo River into Kass Creek. The money is being used to replace a failing and undersized long stringer bridge and improvements stream habitat for spawning and the rearing of salmon. Hundreds of volunteers from the Fort Bragg Lions Club, the Fort Bragg Rotary Club, the Fort Bragg Soroptimist Club, the Fort Bragg Knights of Columbus, Fort Bragg Kiwanis Club along with Harvest Market, Fort Bragg Feed and Pet, North Coast Brewing, Thanksgiving Coffee and many others contribute. The bulk of the 3000 plus people who attend the World’s Largest Salmon Barbecue each year make a special trip to do so, most often from the North Bay and Sacramento Valley areas. The event was started in 1973 by commercial fishermen, hoping to find ways to restore salmon populations, and has been a fixture in Fort Bragg ever since. Advance tickets are available at Harvest Market for $20. |
by Dan Bacher
Governor Arnold Schwarzenegger on June 3 signed legislation by Senator Lois Wolk (D-Davis) to extend a cost-sharing program that helps many local levee agencies afford necessary maintenance and improvements to levees that protect lives, farmland, and drinking water in the Sacramento-San Joaquin Delta, according to a news release from Wolk’s office.
“At a time when funding is hard to come by, this measure extends a successful program that helps to safeguard the Delta’s continuing role as the heart of the state’s water system, as fertile farmland, and a rich estuary ecosystem,” said Wolk, who also authored legislation in 2005 that extended the 75 percent cost-sharing formula until 2010.
Wolk’s current legislation, Senate Bill 808, extends the state’s authorization to reimburse local agencies for up to 75 percent of levee maintenance and improvement costs. Without the bill, the state could not provide more than 50 percent reimbursement after July 1 of this year.
Under the measure, the program’s authorization is extended until July 1, 2013, coinciding with the state’s deadline to reassess its plans and priorities for protecting the Delta and its outdated system of levees.
“This legislation will help sustain Delta maintenance programs during this time of transition,” Wolk concluded. “Until the state develops and begins to implement its plans for the Delta, the Delta Levee Program must remain in place to help provide necessary levee maintenance and improvements that protect Delta levees and the communities living and working behind them.”
SB 808 is supported by the California Partnership for the San Joaquin Valley, Central Valley Flood Control Association, North Delta Water Agency, Central Delta Water Agency, South Delta Water Agency, Regional Council of Rural Counties, Department of Water Resources, Association of California Water Agencies (ACWA), California State Association of Counties (CSAC), Valley Ag Water Coalition, Contra Costa County Supervisors, Contra Costa Water District, County of Sacramento, and East Bay Municipal Utility District.
The bill was signed at a time that Schwarzenegger, Senator Dianne Feinstein, corporate agribusiness and southern California water agencies are pushing to build a peripheral canal/canal around the Delta. Wolk, a strong defender of the Delta and its fish and people, is one of the most fervent opponents of the peripheral canal.
Canal critics contend that the canal would seal the doom of collapsing populations of Central Valley salmon, Delta smelt, longfin smelt, green sturgeon, striped bass and southern resident killer whales. The canal/tunnel is expected to cost an estimated $23 billion to $53.8 billion, according to Steven Kasower and Associates.


