City responds to AG’s opinion on marijuana businesses

The state Attorney General’s opinion would reserve the right of cities such as Marysville to determine their own ordinances regarding marijuana businesses.— image credit: Courtesy photo.
The state Attorney General’s opinion would reserve the right of cities such as Marysville to determine their own ordinances regarding marijuana businesses.
— image credit: Courtesy photo.

By Kirk Boxleitner, Marysville Globe

MARYSVILLE — A recently released opinion from the Washington State Attorney General’s Office ties into the city of Marysville’s pending decision on how to address the potential establishment of marijuana businesses within the city’s limits.

In response to a request from Sharon Foster, chair of the Washington State Liquor Control Board, the office of Attorney General Bob Ferguson released a formal opinion on Thursday, Jan. 16, regarding local ordinances affecting new marijuana businesses in Washington.

The opinion states, “Under Washington law, there is a strong presumption against finding that state law preempts local ordinances. Although Initiative 502 establishes a licensing and regulatory system for marijuana producers, processors and retailers in Washington state, it includes no clear indication that it was intended to preempt local authority to regulate such businesses. We therefore conclude that I-502 left in place the normal powers of local governments to regulate within their jurisdictions.”

Grant Weed, who serves as the city attorney for the city of Marysville, sounded a qualified note of optimism, even as he sought to clarify what this development actually means for the city.

“The Attorney General’s opinion is just that — an opinion,” Weed said. “It’s not legally binding, and while the courts tend to give deference to the Attorney General’s opinions, neither the courts nor the cities of the state are bound to them. That being said, the Attorney General’s Office has very skilled lawyers whom I don’t doubt answered many questions that were posed to them about this issue, so I’m not questioning this outcome, which gives the cities of Marysville and Arlington guidance on the options that are available to them.”

While Weed emphasized that no final decision has been made regarding the production, processing or sales of marijuana in the city of Marysville, he did acknowledge that the city’s Planning Commission voted by a 4-to-2 margin on Tuesday, Jan. 14, to recommend to the Marysville City Council that they prohibit all three within the city limits.

Marysville City Council member Steve Muller brings with him a certain measure of experience in such affairs, since he previously served as a member of the Planning Commission, but he was not inclined to either second-guess the Planning Commission’s judgement or even offer a definitive opinion of his own yet.

“There’s still a lot of gray areas here, and I wouldn’t want to see them worked out in Marysville’s backyard,” Muller said. “I don’t know how this all will fall out. I do question some of the assumptions about the tax revenues that this will generate, because if the product winds up costing more, it could become less competitive with what’s sold on the streets. This is a new industry, so we’re still seeing how this will play out. My position is, if we’re going to do something, let’s take the time to do it right the first time.”

Kamille Norton is the newest Marysville City Council member, having been appointed in February and elected in November of last year, and she sounded an even more deliberately neutral note than Muller.

“I’m waiting to review the Planning Commission’s recommendation for myself, and until then, I’m staying open-minded,” Norton said. “I do think the interim moratorium was the correct course of action to allow us time to study and explore this issue.”

Norton reported having spoken to a number of citizens and business owners on this subject, and regardless of their opinions, she described them as passionate about the matter.

While no set date has been released yet for the Marysville City Council to decide on this issue, Weed predicted it would be scheduled within the next several weeks, in February or March at the latest.

In 2012, I-502 passed statewide with 55.7 percent “Yes” votes. Locally it received 178,669 “Yes” votes out of 327,303 votes cast, or 54.59 percent of the vote in Snohomish County, and Marysville voters approved it by a slightly narrower margin, with 13,037 “Yes” votes out of 25,523 votes cast, or 51.07 percent of the vote.

Finally! Indian Country Gets Its Labor Force Report

laborpopreport

The Interior Department has published the latest report on the American Indian population and labor force, updating and improving on the previous report that was published in 2007 with data from nine years ago.

The 2013 American Indian and Labor Force Report was published January 16 and sent to Congress as mandated by Public Law 102-477– the Indian Employment, Training, and Related Services Demonstration Act of 1992.

The 151-page report presents findings from the 2010 Labor Force Survey of American Indians and Alaska combined with statistics produced by the 2010 U.S. Census–the most recent year for which adequate statistics were available. The data is based on populations of American Indians and Alaska Natives living on or near the service areas of federally recognized tribes. It doesn’t count members of federally recognized tribes who are living far away from federally recognized tribes’ areas – one of several complications created by data limitations.

Spoiler alert: This report full of statistical tables and charts is not your relaxing bedtime easy-to-read government report (if indeed such a report exists).

Attention government policy wonks: This one’s for you.

Some of the report’s main findings are:

— Approximately 28.1 percent of the Native population is below 16 years of age, with slightly more boys than girls. Approximately 64.8 percent is between16 and 64, with slightly more females. Those ages 65 and older represent only 7.1 percent of the population, with more women than men (4.0 percent versus 3.1 percent).

— About 50 percent of all the Native Americans studied, who are 16 years or older, are employed either full or part time in civilian jobs.

— Approximately 21 percent of all Native American employees work for a government (federal, state, local, or tribal).

— In some states, less than 50 percent of Native Americans 16 years or older among those studied are working.

— An estimated 23 percent of all Native American families in the United States in 2010 earned incomes that are below the poverty line.

— The highest estimated rate of poverty is in South Dakota, with 43-47 percent of Native American families in 2010 earning incomes below the poverty line.

The report is produced and published by the Bureau of Indian Affairs (BIA) under Assistant Secretary for Indian Affairs Kevin Washburn, who had promised its completion in 2013. The two-week delay in publication was caused in part by the two-week government shutdown last October.

RELATED: Legal and Political Questions Surround Interior’s Decision Not to Release Tribal Jobs Survey

“It was a tough year with the government shut down and sequestration so everything suffered a bit and, quite frankly, this report is quite a challenge,” Washburn told Indian Country Today Media Network.

Washburn said he hopes the report, together with other data, will be useful in determining relative needs for resources in different regions across Indian country. But “[I]t will always necessarily be a historical document. We simply do not have the staff to produce up-to-the-minute data, and the report is called for only once every two years. That said, it can give a general impression of relative need.”

The Interior Department came under fire by Congress last summer for the delay in publishing the report. The report is supposed to be published every two years, but the department didn’t produced a report in 2009 or 2011. Washburn, who was appointed in late 2012, got the report out in a little over a year.

RELATED: Congress Investigating Interior on Missing Tribal Jobs Reports That Broke Law

RELATED: Senators Rebuke Interior on Missing Tribal Jobs Reports

The law mandating the report doesn’t provide funding for it. One full-time employee – an economist – was assigned the task of producing the report. “It would take a small army of researchers to capture all the nuances so we are limited. The idea is to have higher quality data produced and this report does have higher quality data than previous reports because we were much more careful about the methodology.”

But it’s a question of priorities, according to Washburn. Although the report is “not unimportant,” Washburn said he didn’t want to pull human resources from other important aspects of the BIA’s mission “and I’m not sure Congress would like us to. I don’t think Congress wants us to be a statistical agency. I think it wants us to provide services to Indian people. I think it’s going to be hard for us to regularly produce high quality statistical reports.”

So why not hand the task over to the Census Bureau or Labor Department with their armies of researchers with expertise in statistics?

“I’m not authorized to do that,” Washburn said.

Until Congress considers such a hand-over, the BIA will consult more with Indian country “to find how they think we could be doing this report more effectively… We have an obligation if we produce a report there has to be some integrity to it and a certain level of quality is required,” Washburn said. “And that’s difficult to achieve with our limited resources.”

 

Read more at http://indiancountrytodaymedianetwork.com/2014/01/29/finally-indian-country-gets-its-labor-force-report-153303

Humetewa Close to Becoming First Female Native on Federal Bench

diane_humetewa_2009_orig

Hopi citizen Diane Humetewa smiled through a positive nomination hearing before the Senate Judiciary Committee on January 28 in her effort to be confirmed as a U.S. district judge in Arizona.

President Barack Obama nominated Humetewa to the position in 2013 after his administration previously forced her to step down from a U.S. attorney position in Arizona in 2009. At that time, the president chose Dennis Burke to take her position, but Burke resigned in August 2011 after admitting to leaking information about a federal agent. Humetewa went on to become a professor and lawyer at Arizona State University.

RELATED: Obama Nominates Native American Woman to Federal Court

Many in Indian country were glad that Obama decided to give Humetewa a second look, this time to become the first female Native American to serve on the federal bench. She would be only the third Indian to do so in history if confirmed to the position by the full Senate.

Judging from support given to her by both Democratic and Republican senators at her nomination hearing, she will likely easily pass the committee, and then her nomination will proceed for consideration by the full Senate.

One of Humetewa’s main champions is Sen. John McCain (R-Arizona) who recommended her for both her previous U.S. attorney position and for the federal judgeship. The senator, whom she previously worked for when he led the Senate Committee on Indian Affairs, introduced her with supportive remarks at the confirmation hearing.

“It has been said that the Arizona bench ‘would be enriched by a member who reflects the community it serves.’ With that in mind, I am particularly excited about our third nominee, Diane J. Humetewa, also to the District of Arizona, in Phoenix,” McCain said. “Ms. Humetewa’s nomination is truly historic: Being a member of the Hopi Nation, if Ms. Humetewa is confirmed, she would be the first Native American woman to ever serve on the federal bench.

“Ms. Humetewa’s service to the Hopi Nation, which includes work as prosecutor and an appellate court judge to the tribe, runs deep and has remained a cornerstone of her career,” McCain added. “She is also a long-time advocate for victim’s rights, which can be traced back to her service as a victim advocate before she attended law school.”

McCain’s support for Humetewa serves as a stark contrast to his criticism of the president’s nomination of Cherokee citizen Keith Harper to become a U.S. representative to the United Nations Human Rights Council in Geneva. Harper’s nomination stalled in the Senate last December due partly to McCain’s concerns about Harper’s human rights record, but Harper was re-nominated earlier in January to the same position by the president.

RELATED: McCain Prompts New Questions and Investigations Involving Harper’s U.N. Nomination

Sen. Mazie Hirono (D-Hawaii), who chaired the hearing, said that she was impressed that McCain and committee member Sen. Jeff Flake (R-Arizona) worked in a bipartisan fashion with the White House to help fill several Arizona judicial vacancies.

Humetewa said at the hearing that she was very pleased to be joined by family members, friends and colleagues. She added that her parents were watching the hearing via webcam from back home on the Hopi reservation.

In response to a question from Hirono regarding how her past judicial work with the Hopi Tribe would help her in this position, Humetewa said that she learned to be objective and timely in her decision making during her time with that tribal court.

In response to a question from Flake on the implementation of pro-tribal elements of the Violence Against Women Act and the Tribal Law and Order Act, Humetewa noted that both laws are in their infancy, but she said she looks forward to working with tribes that take on the increased jurisdictional opportunities offered under those laws.

Also in response to a question from Flake, Humetewa noted that she helped prepare a 2007 report by the Native American Subcommittee of the U.S. Sentencing Commission that found disparities in the application of sentencing guidelines to Native Americans. Penalties were harsher for Indians who committed assaults in Indian country versus non-Indian who were sentenced in state courts for similar assaults, she testified. If sentencing guidelines are to be modified in the future, she said tribal consultation would be important to achieve.

Flake, impressed with Humetewa’s responses, said he was delighted by her “trailblazing way.”

 

Read more at http://indiancountrytodaymedianetwork.com/2014/01/29/humetewa-close-becoming-first-female-native-federal-bench-153320

Tribes could get help for sockeye fishery closure

Associated Press

SEATTLE — Commercial and tribal fishermen in Washington state could be getting federal help after the closure of the Fraser River sockeye salmon fishery last year cost them millions of dollars.

U.S. Commerce Secretary Penny Pritzker issued a disaster declaration for the fishery Tuesday. That allows Congress to send money to the affected communities.

The Fraser River flows from the Canadian Rockies into the Strait of Georgia at Vancouver, British Columbia. Low returns of sockeye to the river prompted the closure.

Several Washington tribes, including the Lummis, Nooksacks and Tulalips, fish for sockeye. They and the state’s nontribal, commercial fishermen typically bring in a collective $4.1 million per year from sockeye. The Commerce Department says last year, the total was just $115,000.

Pritzker said that if Congress appropriates money, the National Oceanic and Atmospheric Administration will work closely with Congress, the tribes and the state to distribute it.

Deadline approaches for first Cobell land consolidation offers

Source: Indianz.com

Deadlines are fast approaching for Indian landowners to accept offers being made under the Land Buy-Back Program for Tribal Nations.

The first offers went out last month to members of the Oglala Sioux Tribe of South Dakota. Responses are due starting this Wednesday.

Offers went out to members of the Makah Nation of Washington last month as well. Responses are due at various times, until February 10, according to a reminder from the the Interior Department.

Participation is entirely voluntary. Acquisitions will be paid out of a $1.9 billion land consolidation fund that was created by the $3.4 billion Cobell settlement.

A portion of each purchase will go to the Cobell scholarship fund. Up to $60 million will be awarded to Indian students.

The Oglala Sioux and Makah were the first tribes to sign cooperative agreements under the program. Offers will be made on other reservations in the country.

Klamath Youth Program Melding Science and Traditional Knowledge Wins National Award

U.S. Fish and Wildlife ServiceService biologists provide tribal youth in northern California and southern Oregon with a unique opportunity to combine their cultural knowledge about the local ecology with the high-tech capabilities of NASA, the Service and other federal agencies.
U.S. Fish and Wildlife Service
Service biologists provide tribal youth in northern California and southern Oregon with a unique opportunity to combine their cultural knowledge about the local ecology with the high-tech capabilities of NASA, the Service and other federal agencies.

Source: Indian Country Today Media Network

A unique collaboration between a Klamath youth leadership development program and U.S. government researchers has won the U.S. Department of the Interior’s Partners in Conservation award for its use of traditional knowledge in conjunction with modern science.

The Klamath Tribal Leadership Development for Integrative Science and Traditional Ecological Knowledge Program, operating in northern California and southern Oregon, was one of just four recipients working with the U.S. Fish and Wildlife Service, the Klamath Tribes said in a media release. The partnership was one of 20 recipients overall out of groups working with various federal agencies on environmental conservation and won for its work in habitat restoration and the implications for fisheries management.

The cornerstone was the Klamath tribal youth program, started last summer to connect scientists and college students to Klamath Basin restoration projects. Juxtaposing traditional knowledge and modern science, youths from the Yurok Tribe, Hoopa Valley Tribe, Karuk Tribe, Quartz Valley Indian Reservation and Klamath Tribes worked with scientists from NASA, the U.S. Fish and Wildlife Service, the U.S. Geological Survey and the U.S. Forest Service for 10 weeks in the Klamath Tribal Leadership Development Program for Integrative Science and Traditional Ecological Knowledge. Together the partners restored habitat, developed models and collected data from two Klamath watershed tributaries, the Sycan River in Oregon and Shasta Big Springs Creek in California, that support tribal fisheries, the Klamath said in the statement.

The U.S. Department of the Interior noted the unique melding of tribal cultural knowledge with today’s technology that got the program chosen out of the 14 partnerships that were nominated for the award by the U.S. Fish and Wildlife Service. Students worked first with tribal elders to gather ancestral knowledge of the region’s lands and waterways, then applied that knowledge to programs whose goal is to restore and manage native fish populations in the Klamath Basin. At the same time, the program gave tribal youth job skills, setting them up as future conservation leaders even as they contributed to present-day management of fish species that are important to indigenous culture and the ecology, the Fish and Wildlife Service said in a release.

“This partnership has the promise to result in some of the most advanced approaches to fisheries management in the country and will help prepare tribal youth for future careers in conservation,” the Fish and Wildlife Service said. “To date, these agencies have brought their collective resources and expertise with established and emerging technologies and have applied these to this collaborative effort, including remote sensing and unmanned aircraft systems. These technologies hold promise for improving our knowledge base and conservation effectiveness through energy efficient, cost-effective approaches to data collection with less impact on our ecosystems.”

Other partners involved were the Nature Conservancy, Humboldt State University, Southern Oregon University and the Oregon Institute of Technology, the Klamath statement said.

“The Department of the Interior is proud to recognize the accomplishments of those who are innovating and collaborating in ways that address today’s complex conservation and stewardship challenges,” said Department of the Interior Secretary Sally Jewell, who handed out the awards on January 16. “These partnerships represent the gold standard for how Interior is doing business across the nation to power our future, strengthen tribal nations, conserve and enhance America’s great outdoors and engage the next generation.”

Proud honorees. (Photo: Courtesy Klamath Tribes)
Proud honorees. (Photo: Courtesy Klamath Tribes)

 

Read more at http://indiancountrytodaymedianetwork.com/2014/01/27/klamath-youth-program-melding-science-and-traditional-knowledge-wins-national-award

Will Keystone XL Pipeline Pump Sexual Violence Into South Dakota?

The human devastation wrought by the economic energy boom in the Great Plains region may get worse for Native women. This nightmare, according to Keith Darling-Berkus has created a culture of misogyny in which sexual violence—including rape, sex trafficking and domestic assault—are normalized. It has been described as “a male-dominated dystopian nightmare.”

That description is especially ominous for Native women, who are 2.5 times more likely to be victims of sexual violence than women of other races. The perpetrators of this violence are overwhelmingly non-Native.

Native advocates are predicting a similar fallout for women in South Dakota if the TransCanada Keystone XL pipeline is approved. TransCanada plans to house pipeline construction workers in three rural man-camps located close to reservations in South Dakota. Each camp will house approximately 1,000 workers.

Both law enforcement officials and native and women’s rights advocates cite the emergence of these ‘man-camps’—temporary housing for transient workers—as major contributors to a rise in violence against all women wherever they are established.

According to Assistant U.S. Attorney for South Dakota, Kevin Koliner, Native women comprise 40 percent of sex trafficking victims in the state.

Although some research links the recent oil boom to the emergence of a culture of misogyny in North Dakota, Native-women advocates maintain that the Great Plains of North and South Dakota present fertile ground for such a culture to take hold. They note, for instance, that South Dakota is considered by some men to be a sex tourism destination.

“They come in the fall for pheasant hunting season and in summer for the Sturgis Bike Rally,” says Susan Omanson, executive director of BeFree58 Ministries, a non-profit in Sioux Falls serving survivors of sex trafficking.

Sexual violence, including prostitution and trafficking, are firmly imbedded in the culture and economy of South Dakota .

“Pheasant hunting and the bike rally are economic sacred cows in South Dakota and few residents will dare criticize the industries for fear of losing that influx of cash,” notes Chamberlin, South Dakota-based journalist Maria Burch who has covered the area’s economy for several years. “Most folks around here have to work two or three jobs in order to make ends meet. The income from hunting is very important.”

Revenue from pheasant hunting and the Sturgis Bike Rally represent a significant portion of income for many residents. In Tripp County alone, a popular destination for pheasant hunting, hunters spent copy1.3 million in 2011, according to South Dakota Game Fish and Wildlife Agency. Overall, the state agency reports that hunting pumps $66 million into the state. According to a survey conducted by the Sturgis Rally Department, the overall economic impact of the annual motorcycle rally was over $800 million in 2012.

Although most hunters and bikers in the area are well-behaved, there is a dark side to both those activities, according to U. S. Attorney Brendan Johnson, who says, “Wherever you have a large gathering of men, you have a strong opportunity for prostitution and sex trafficking.”

Advocates for victims of trafficking and prostitution note that there is a strange allure in South Dakota for those looking to purchase commercial sex. “There is a wild west, lawless atmosphere that attracts some visitors to our state,” says Burch. “Not much has really been done to discourage that perception.”

Carmen O’Leary, executive director for the Native Women’s Society of the Great Plains, adds that long-standing prejudice against Native people in the Dakotas contributes to a laissez-faire attitude by the public and law enforcement when it comes to pursuing perpetrators of sex crimes against Native women.

Not surprisingly, she says, the safety of Native women doesn’t figure very prominently in economic development projects in the region.

Although the proposed pipeline promises a huge economic boost for the state, South Dakota is totally unprepared for the hidden social and human costs, says Faith Spotted Eagle, Ihanktunwan (Yankton) and member of the Brave Heart Society. She and other pipeline opponents point to the impact of man camps and boomtown mentality on women in the Bakken oil region of North Dakota.

“The attitude [in the Dakotas] seems to be that the lives of a few Indian women are a small price to pay for economics,” says an advocate who asked not to be identified for fear of negative reaction from her board of directors.

In 2013, The Polaris Project, a non-profit organization combating sex trafficking, ranked South Dakota last in the U.S. in its efforts to enact a basic legal framework to combat trafficking.

Arrests for sex trafficking in South Dakota have overwhelmingly been prosecuted under the federal trafficking law. U.S. Attorney Johnson has made the prosecution of these crimes a priority. After an undercover operation during the 2013 Sturgis Bike Rally, his office prosecuted nine men for sex trafficking. Victims ranged from 12 to 15 years of age.

South Dakota passed a law specifically outlawing human trafficking in 2011. In Sioux Falls, one person has been charged under the state law so far, according to Sam Clemons, Public Information officer for the Sioux Falls Police Department. The dearth of law enforcement in much of rural South Dakota only adds to the problem, notes Burch. “Police are spread pretty thin out here,” she says. She thinks that encourages a sense of impunity in men looking to purchase sex. Burch says some of the patrons of the ultra-expensive hunting lodges come to the area with an outsized sense of entitlement.

Nancy Niles of the Oglala Lakota tribe and former resident of Sturgis agrees that tourism promoters often sell South Dakota with romanticized notions of the Wild West associated with the gold rush and pioneer days, where anything goes. “Prostitution at the rally has become normalized,” she says.

Niles lived in Sturgis for 25 years and raised her family there. During that time she says she watched her country town turn into a thick clot of leather and t-shirt shops, strip clubs and a main street that allows public drinking. Commercial sex workers are brought into the city for the rally, according to Niles.

“People got angry with me when I began to call attention to the prostitution that takes place during the rally,” she says. “People prefer to keep their heads in the sand in order to protect the economic injection that the rally brings.”

The hard-partying, anything-goes atmosphere creates a hostile environment for all women in the area.

Niles and her husband recently moved to Nebraska for their retirement. “I could no longer stand to let my taxes go to support this kind of activity,” she says.

Man camps versus tourism

The male tourists who can afford to stay at an upscale, all-inclusive hunting lodge or bring their bikes on extended visits to the bike rally represent a different demographic than those who will be drawn to work on the Keystone pipeline and live in man camps.

“A lot of these guys who come here to work and live in the man camps are on their last dime. They don’t have a whole lot to lose,” notes Sadie Young Bird, executive director of the Ft. Berthold Coalition Against Violence in North Dakota. Indeed, ABC News recently aired a story calling attention to the large increase of registered sex offenders who have relocated to the Bakken oil region.

Marla Bull Bear, executive director of the Native American Advocacy Program in Winner worries about the close proximity of the proposed man-camp in Colume, 10 miles from Winner. Winner is the town closest to the Rosebud Reservation and has a substantial Native population.

Bull Bear’s organization conducts activities designed to divert youth toward healthy traditional Native ways such as a horse camps and coming of age ceremonies.“ Due to poverty and family dysfunction, many of our youth are so vulnerable. They could present easy targets for sex traffickers,” she says.

“Youth in our groups tell us about girls who simply disappear and end up working in the commercial sex industry. Sex trafficking is already here,” she notes.

Jess Keesis, the mayor of Winner, knows first-hand about the rowdy tendencies of men who work in the oil fields, but he believes the camps that will house the pipeline workers will be different. “I’ve worked in the Alaska oil fields and seen oil booms–this won’t be anything like that,” he says.

According to Keesis, the pipeline construction will be far more short-lived than an oil boom and won’t have long-term negative effects on the community. He estimates that it will take about 14 months to complete the pipeline.

Faith Spotted Eagle, however, describes this attitude as terribly shortsighted. “If a woman is brutalized by a pipeline worker, you are talking about a lifetime of impact.”

She bemoans the sense of powerlessness expressed by communities that will be affected by the pipeline. “The average person thinks they can’t stand up to TransCanada. We have internalized this economic-predator thinking that resembles Stockholm syndrome. Since we feel powerless about corporations taking over our communities, we end up siding with these predators.”

For Spotted Eagle, women who suffer from the fallout of economies such as oil are more than unavoidable externalities. “These women have names; they are our sisters, our daughters, our mothers.”

 

Read more at http://indiancountrytodaymedianetwork.com/2014/01/27/will-keystone-xl-pipeline-pump-sexual-violence-south-dakota-153280

Tribes and Snohomish County working together on Sustainable Land Strategy

 

Terry Williams introduces USDA Deputy Under Secretary of Agriculture Butch Blazer at the Jan. 23rd presentation of the SnoCo SLS.
Terry Williams introduces USDA Deputy Under Secretary of Agriculture Butch Blazer at the Jan. 23rd presentation of the SnoCo SLS. Photo: Andrew Gobin

By Andrew Gobin, Tulalip News

Over the last three years the Snohomish County Sustainable Land Strategy (SLS) has gained national attention for innovative planning to preserve and protect both agricultural interests and the county watershed.  What started as a small project now will drive national agriculture policy. Collaborators of the SLS met with United States Department of Agriculture (USDA) Deputy Under Secretary for Natural Resources & Environment, Arthur “Butch” Blazer, on January 23rd to discuss the progress of the SLS so far and their future plans. Historically, Snohomish County and area tribes have a reputation for innovative strategic planning, yet this is the first strategy that is beneficial to everyone’s interests.

The SLS is a collaborative project between the Tulalip Tribes, the Stillaguamish Tribe, and Snohomish County that “balances the need to restore vital salmon habitat while also protecting the viability of local agriculture,” according to Snohomish County’s brochure on the SLS. Salmon and farming are noted as having key roles in the history and economy of the county and can both be protected through the SLS.

Qualco Energy is one example of a collaborative effort to protect salmon habitat without burdening or infringing on agriculture. The energy company, located a few miles southwest of Monroe, is a non-profit partnership comprised of the Tulalip Tribes, Northwest Chinook Recovery, and the Sno/Sky Agricultural Alliance. In February of 2008, after 10 years of planning and research, Qualco installed an anaerobic digester that converts cow manure into energy and natural gas. Cow manure has devastating impacts on salmon habitat and typically has to be hauled away or diverted to a lagoon. Now, the manure can go right to a digester, keeping it out of the watershed without incurring time and monetary costs to farmers.

“Local communities are also happy with the reduced agricultural smells, now that the waste goes to the digester and isn’t sitting in open lagoons,” added Qualco Vice President Daryl Williams, a Tulalip tribal member who also works for the Tulalip Tribes Natural Resources department.

The Qualco example also demonstrates the support the SLS has from the state legislature. The land on which the project is located is an old dairy farm donated to the project by the state. State permitting laws were changed for the project in order to allow the project to expand to food waste, now allowing the Qualco digester to run 30% food waste without need a solid waste permit.

Co-Facilitator of the SLS, Dan Evans, said, “When you bring together the tribes and agriculture, you have tremendous bandwidth. With that, you have the key to push things through legislation,” referring to the political influence of the SLS.

That political momentum has caught the attention of the USDA, which only adds to it.

“The primary purpose I am here is to listen. This presentation is material I can take back with me [to Washington DC] and help you continue doing what you’re doing on a national policy level,” said USDA Deputy Under Secretary Butch Blazer.

The SLS has the potential to expand to other counties; Skagit and King are currently expressing an interesting in developing their own SLS.

In addition to peripheral county influence, the SLS is a gateway for future innovation in the fields of sustainable land use and clean, renewable energy.

Inherent Sovereignty Declaration Sets Tone for Fed. Rec. Conference

Gale Courey ToensingLeaders and representatives of 29 indigenous nations that are not acknowledged by the federal government participated in a pipe ceremony and signing of a Declaration on the Exercise of Inherent Sovereignty and Cooperation on the first day of a conference called Who Decides You're Real? Fixing the Federal Recognition Process at Arizona State University.

Gale Courey Toensing
Leaders and representatives of 29 indigenous nations that are not acknowledged by the federal government participated in a pipe ceremony and signing of a Declaration on the Exercise of Inherent Sovereignty and Cooperation on the first day of a conference called Who Decides You’re Real? Fixing the Federal Recognition Process at Arizona State University.
Gale Courey Toensing, ICTMN, 1/27/14

A unique direct action took place on the first morning of a recent conference on federal recognition: The panel discussions stopped for almost two hours while everyone participated in a ceremony for the signing and witnessing of a declaration asserting the inherent sovereignty of indigenous nations.

The conference, called “Who Decides You’re Real? Fixing the Federal Recognition Process,” was held January 16-17 at Arizona State University’s Sandra Day O’Connor College of Law. Close to 200 tribal leaders and representatives of both federally recognized and “unrecognized” indigenous nations, attorneys and consultants specializing in the Federal Acknowledgement Process (FAP), and federal officials attended. The discussion focused on the challenges faced by unrecognized tribes under what everyone agrees is a “broken” federal recognition process and ways to fix it.

RELATED: Federal Recognition Process: A Culture of Neglect

The conference took place in the midst of a reform effort by Assistant Secretary – Indian Affairs Kevin Washburn and other Bureau of Indian Affairs officials that has been called “the most dramatic, bold proposal made in the federal acknowledgment area in probably the last 20 years.”

Related: Washburn’s Bold Plan to Fix Interior’s Federal Recognition Process

“This conference is timely to talk about what those proposed changes are and also to help those people who are struggling through the system,” said Frank Ettawageshik, former chairman of the Little Traverse Band of Odawa Indians and co-chair of the conference with Rev. John Norwood, tribal councilman and Principal Justice of the Tribal Supreme Court of the Nanticoke Lenni-Lenape Tribal Nation.

Ettawageshik and Norwood conducted the pipe ceremony that accompanied the signing of five original copies of the Declaration on the Exercise of Inherent Sovereignty and Cooperation by 29 tribal leaders. The leaders brought with them resolutions from their councils authorizing the signing. Everyone else present then signed five copies of witness sheets.

The key idea, Ettawageshik said, is that federal recognition is about two sovereigns negotiating diplomatic relations. “The relationship between the federal government and an indigenous nation isn’t a one-way street. We need to recognize each other,’ he said. “But I’ve often pointed out that if we as tribes in the U.S. define ourselves as having to have federal recognition in order to be a member of this group then what we’ve done is abdicated our role as a sovereign, we’ve abdicated the role of deciding with whom we will have diplomatic relations. In other words, are we indigenous nations going to recognize each other? We need to be thinking that through. And one of the ways we do that is by signing accords or agreements or treaties with each other, which is acknowledging each other.”

That was the concept behind the Declaration on the Exercise of Inherent Sovereignty and Cooperation, which was Ettawageshik’s brainchild during conference planning sessions with Norwood and co-chairs Patty Ferguson-Bohnee, a citizen of the Pointe-au-Chien Indian Tribe and director of the Indian Legal Program at the College of Law and attorney Judy Shapiro.

“Conferences generally present a series of panels or talking heads one after the other talking about ideas. That’s an important exchange but there’s something to be said for talking about something and then doing it. That helps cement the ideas and gets you moving in their direction.”

The Declaration is written in the style of the Declaration on the Rights of Indigenous Peoples and other international documents with a series of statements “honoring,” “building,” “expressing,” “desiring,” and so on, to the final statement, which says, “[W]e pledge, affirm and proclaim: To work with each other to exercise our inherent sovereignty as governments, to protect individual and common human rights, and to seek social justice. The dust and spirits of our ancestors that make up our cultural and national roots are deep in the waters and soil of this land, nurtured by the gifts of Mother Earth. As we stand on this land, we drink together from the waters of knowledge, we breathe the air of freedom and wisdom, and we bask in the light of cooperation and compassion. We assert these for our children’s children and beyond. We carry many lessons from our ancestors, and we share in the collective wisdom and experiences that they have entrusted to us to provide for our coming generations.”

Special engraved pens were given to everyone to sign the Declaration and embossed copies of the document were distributed. The five original copies will be preserved in different parts of the country.

“We wanted to make a memorable event that people could participate in and remember,” Ettawageshik said. From all accounts, the organizers succeeded.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/01/27/inherent-sovereignty-declaration-sets-tone-fed-rec-conference-153232

Developing A Taste For Geoduck In The Northwest

Michael Gifford, chef at Seattle's How To Cook A Wolf, shows off a geoduck he's preparing. | credit: Ashley Ahearn
Michael Gifford, chef at Seattle’s How To Cook A Wolf, shows off a geoduck he’s preparing. | credit: Ashley Ahearn

By Ashley Ahearn, OPB

The Locavore movement is thriving in the Northwest — with one big exception. When it comes to Puget Sound geoduck clams, the shellfish industry and local chefs are still trying to create a demand for them at home.

Geoduck clams from Washington state are prized in Asia, creating a lucrative market for the Puget Sound region’s tribal and commercial shellfish harvesters. But two months ago, China banned all shellfish imports from most of the West Coast after finding high levels of arsenic in a sample from Washington. The move has hit Washington hard, particularly the geoduck industry.

And that has the industry turning to local chefs to help boost demand close to home.

Local chef Michael Gifford remembers his first experience with geoduck clams. He got his first taste at a sushi restaurant soon after he moved to Seattle from New Jersey.

“I was like, wow, I’ve never seen this before. It’s really unique. We’re very fortunate here to have this product,” Gifford says.

These days Gifford is the chef at the Seattle restaurant How To Cook A Wolf, where geoduck clams make regular appearances on the menu. He extolled the virtues of the region’s largest clam recently while preparing geoduck crudo, or in the raw.

“This is going to get a little raunchy. As you can see the geoduck is a very phallic looking animal,” he said, standing in the stainless steel kitchen as two large clams sat on a shelf nearby, their foot-long siphons draping down.

“So what we do is we bring them in, let them relax a little bit, let them go down and get out to its natural length,” Gifford quips. These necks can stretch to a meter in length.

siphon
Gifford is ready to remove the skin from a geoduck’s neck. Credit: Ashley Ahearn.

 

Gifford places the clams into boiling water, then into ice water to “shock them.” This process makes it easy to remove the outer skin of the geoduck.

When these filter-feeders are burrowed in the sand and mud of Puget Sound, their outer skin gathers more arsenic and other trace metals than does the rest of their body. The Washington Department of Health confirmed this in December, when it went back and tested more than 50 geoduck clams after China instituted its ban. The skin of every single clam had amounts of arsenic that exceed levels that China has deemed safe for human consumption.

The clams’ other body tissue types — those found in the neck, the mantle and the gut ball — were OK in all but one sample tested by the Washington state agency.

Bill Dewey is with Shelton, Wash.-based Taylor Shellfish Farms, which bills itself as the largest producer of geoducks in the United States. He says the company has had more testing done on several different kinds of shellfish it sells, including geoduck. The levels of metals are all very low, but they’re there.

“You will see arsenic, cadmium, selenium, all sorts of different metals some good for you some not good for you in all your shellfish,” Dewey says.

The Washington Department of Health rigorously tests shellfish for biotoxins and bacteria that can make people sick immediately. But it doesn’t regularly test for metals. Past tests from the DOH have shown metals in shellfish at levels below public health concerns. As with all seafood, it’s a question of how much shellfish you eat.

As Michael Gifford slices pearly strips of flesh off of the neck of a geoduck clam, it’s hard to think of anything other than the next step in his recipe.

 

 

He’s finely mincing Fresno chili peppers and celery. Then he smears a green stripe of avocado puree onto the plate. Finally, Gifford arranges the silken white, paper-thin strips of geoduck in ruffles.

“So then, the real fun. We’ll dress it with some nice olive oil. Little bit of lemon. We use fleur de sel, a very nice sea salt,“ Gifford says. “It’s not full of brine, but you’re getting that hint of the ocean.”

For centuries native Americans harvested geoducks from the tideflats of Puget Sound. (The word “geoduck” comes from the Nisqually word “gweduc,” meaning “dig deep.”) These were the biggest clams to be found — weighing as much as 16 pounds or more. Northwest Indians ate them fresh or smoked. By the late 1800s the region’s white settlers came to consider them a delicacy. But by the mid-20th century geoducks had all but disappeared from area beaches. To prevent the clams from becoming extinct, the government made it illegal to sell geoduck clams in restaurants and markets.

In the 1970s scuba divers discovered that geoduck clams hadn’t actually been harvested to extinction. They were bountiful in the deeper waters of Puget Sound. But by then, few Northwesterners had an interest in dinning on them in area restaurants.   But the story took a different turn in Asia. An intense marketing campaign popularized them in Asia — especially among the newly rich Chinese — causing the price to soar. They’re an especially popular delicacy around the lunar New Year (aka Chinese New Year), which takes place this year on Jan. 31.

crudo
A geoduck crudo prepared by chef Michael Gifford. Credit: Ashley Ahearn

 

Though the clams are popular abroad, local markets are still growing. Bill Dewey says for the past decade or so, Taylor Shellfish has been actively promoting geoduck to restaurants around the Northwest. There are now close to 20 restaurants in Seattle with geoduck on the menu.

Geoduck can sell for close to $100 per pound in China, while Seattle restaurants pay around $20 per pound. The domestic market isn’t making up for the industry’s losses abroad.

Dewey says his company has had to cut back. “We did our best through the holidays to keep people employed, but ultimately it’s gone on long enough that we’ve had to lay some people off,” Dewey says. Taylor has laid off 14 people and estimates its losses at upwards of $1 million.

The Chinese ban is affecting others, too. Divers with the Suquamish and other tribes have been out of work for weeks, losing thousands of dollars every day. The Department of Natural Resources is out close to $1 million in revenue from geoduck harvested on state lands.

Dewey says he’s optimistic that China might lift the ban soon.

For now, geoduck may be a tough sell for most Northwest diners. But if more chefs like Michael Gifford have their way with this quirky clam, the future might look a little more delicious.

Katie Campbell contributed to this report. Toni Tabora-Roberts produced this story for the web.