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Native Americans vow a last stand to block Keystone XL pipeline

By Rob Hotakainen

McClatchy Washington Bureau February 17, 2014

Faith Spotted Eagle sits in her home in Lake Andes, South Dakota on Monday, Feb. 10, 2014. Spotted Eagle is fighting against the proposed Keystone XL pipeline. TRAVIS HEYING — MCT

WASHINGTON — Faith Spotted Eagle figures that building a crude oil pipeline from Canada to the U.S. Gulf Coast would bring little to Indian Country besides more crime and dirty water, but she doubts that Native Americans will ever get the U.S. government to block the $7 billion project.

“There is no way for Native people to say no – there never has been,” said Spotted Eagle, 65, a Yankton Sioux tribal elder from Lake Andes, S.D. “Our history has caused us not to be optimistic. . . . When you have capitalism, you have to have an underclass – and we’re the underclass.”

Opponents may be down after a State Department study found that the proposed Keystone XL pipeline would not contribute to global warming. But they haven’t abandoned their goal of killing what some call “the black snake.”

In South Dakota, home to some of the nation’s poorest American Indians, tribes are busy preparing for nonviolent battle with “resistance training” aimed at TransCanada, the company that wants to develop the 1,700-mile pipeline.

While organizers said they want to keep their strategy a secret, they’re considering everything from vigils to civil disobedience to blockades to thwart the moving of construction equipment and the delivery of materials.

“We’re going to do everything we possibly can,” said Greg Grey Cloud of the Rosebud Sioux Tribe, who attended a two-day conference and training session in Rapid City last week sponsored by the Oglala Sioux Tribe called “Help Save Mother Earth from the Keystone Pipeline.” He said tribes are considering setting up encampments to follow the construction, but he stressed that any actions would be peaceful. “We’re not going to damage anything or riot or anything like that,” he said.

Like much of the country, however, tribal members are divided over the pipeline. In South Dakota, the battle pits those who fear irreversible effects on the environment and public safety against those who trumpet the economic payoff and a chance to cash in on a kind of big development project that rarely comes along.

In Winner, S.D., where the population numbers fewer than 3,000, Mayor Jess Keesis is eager to welcome construction workers from a 600-member “man camp” that would open just 10 miles from town if President Barack Obama approves the pipeline.

“Out here on the prairie, you know, we’re a tough people,” said Keesis, who’s also a member of the Prairie Band of Potawatomi Nation in Kansas. “We deal with drought and eight-foot blizzards and all kinds of stuff all the time, so anytime we can get something like this to give us a shot, it’s a good thing.”

Opponents say the risks are too great.

Two weeks ago, an alliance of Native American groups approved a statement saying emphatically that no pipeline would be allowed in South Dakota and that tribes stand ready to protect their “sacred water” and other natural resources.

That includes Native women, who opponents of the pipeline say would become easy prey for thousands of temporary construction workers housed in work camps. According to the federal government, one of every three Indian women are either raped or sexually assaulted during their lifetimes, with the majority of attacks done by non-Native men.

“If you like to drink water, if you like your children not being harmed, if you don’t want your women being harmed, then say no to the pipeline,” Grey Cloud said. “Because once it comes, it’s going to destruct everything.”

Opponents said they don’t want to have to follow through on their plans. They hope that they have the ultimate trump card with a president who just happens to be an adopted Indian. That would be Barack Black Eagle, who was formally adopted by Hartford and Mary Black Eagle of Montana’s Crow Indian Tribe in 2008, when he visited the tribal reservation during his first presidential run.

“They didn’t do that by accident – they saw something in him, and I hope he recognizes that within himself,” Spotted Eagle said.

Grey Cloud said Obama would be “going against his word” if he approves the pipeline: “His main promise was to not allow pollution in our area.”

Keesis said the project carries risks but ultimately would be a winner for the region. He said the city of Winner and surrounding Tripp County would get a windfall of roughly $900,000 a year from construction workers patronizing the town’s restaurants, bars and its recently upgraded digital theater. Even the city would make money, hauling liquid waste from the nearby construction camp to its municipal facilities.

After spending 20 years working in oilfields and boomtowns, he’s convinced that much has changed, with construction workers “under the gun to behave.”

“I’ve been in boomtowns all my life: Wyoming, Texas, California, Colorado, Alaska, everywhere,” he said. “I don’t think it’s going to be near as bad as what people have in their minds. The oilfield, as with any other occupation like this, has really mellowed over the last 20 years. It’s not the Wild West like it used to be. . . . But you’ve got to take a little bad with the good.”

Obama, who has not said when he’ll make a final decision, is under heavy pressure to approve the project. Just last week, all 45 Republican senators sent a letter to the president, saying thousands of jobs are at stake and reminding him that he had promised them to make a decision by the end of 2013.

Nationally, project backers appear to be riding the momentum, armed with a State Department report on Jan. 31 that minimized the climate change impact of building the pipeline. Republican House Speaker John Boehner of Ohio said the report shows Americans that there is “no reason, scientific or otherwise, to block this project any longer.”

While Obama has kept mum, his administration has been offering hope to tribal officials.

“If we’re developing an area that runs through Indian Country, it’s very important that we reach an agreement that makes sense to tribes,” Interior Secretary Sally Jewell told tribal officials during a visit to Oklahoma in November, according to a story published in the Native American Times. “If not, that might mean the pipeline or transmission line goes somewhere else.”

In South Dakota, the proposed line would not go through any of the state’s nine reservations, but opponents say its close proximity would still pose a hazard.

TransCanada officials say they’ve worked closely with the tribes, even halting work in northeast Texas last year as a team of archaeological contractors dug for Indian artifacts at a sacred site.

With the southern section of the pipeline already open, company spokesman Terry Cunha said TransCanada is now working with 17 tribes in South Dakota, Montana and Nebraska, where the company needs Obama’s approval to build. He said the company hopes to begin work in those states in 2015.

Cunha said the company expects the pipeline to have a “limited impact” on the environment and that its work camps will be provided with around-the-clock security.

“We see it as a positive benefit,” he said.

Besides the short-term construction work, Keesis said his city would gain another 30 to 40 permanent residents who would work on pipeline-related jobs. He said Winner needs a lift, noting that since the city shut down its strip clubs a few years back, fewer pheasant hunters are visiting, opting to stay in big hunting lodges nearby.

“When I moved here, during the first three weeks of pheasant season, you couldn’t find a parking space,” he said. “Now you can park anywhere.”

But the economic argument is a hard sell for many tribal members in South Dakota, where history is still raw. It’s the scene of the some of the bloodiest battles between Indians and the federal government, including the 1890 massacre at Wounded Knee Creek by the U.S. 7th Cavalry that killed nearly 300 Sioux.

Spotted Eagle said she feels obligated to try to stop the pipeline, both to provide toxic-free land and water for her grandchildren and to protect women from attacks.

“This is a form of militarism, bringing in these man camps,” said Spotted Eagle. “For those of us who have the history, it smacks of repetitive economics, when they put us in forts and they wanted our land. . . . All we’re willing to do here is sell our soul, just for the economy. That’s the dark side.”

Email: rhotakainen@mcclatchydc.com; Twitter: @HotakainenRob

Support in Indian Country Growing for ‘Anti-Bullying Pink Shirt Day’ on February 26

Vincent Schilling, ICTMN, 2/24/14

On Wednesday, February 26, students, teachers and notable figures all over the world will promote the anti-bullying campaign “Pink Shirt Day.” The day is commemorated by anti-bullying advocates who will wear pink shirts to promote awareness about bullying in school and the effects of bullying on children in today’s society.

The campaign, which was started in 2007 by two students in Nova Scotia who sought to protect a fellow classmate, is now garnering support from Indian country, particularly by Fashion Designer Jill Setah and the design company Native Northwest.

In Setah’s online blog First Nation’s Fashions, she encourages her fans to don pink t-shirts Wednesday in honor of Pink Shirt Day, a cause she backs for personal reasons. “As a First Nations Woman I was bullied in elementary school for being First Nations. I would cry every day in class as the teacher would do nothing,” she wrote to Indian Country Today Media Network via email.

“As a First Nations designer, my kids and I are making our own pink shirts for Pink Shirt Day,” she added.

On February 14, 2014, Native Northwest a three-decades-old company that creates art by First Nations and Native American artists, debuted their version of a ‘Pink Shirt Day’ t-shirt.

Two teachers sport pink Native Northwest t-shirts. (Native Northwest)

Haida artist Andrew Williams designed the t-shirts emblazoned with a Haida design and the word RESPECT. Money raised will go to aboriginal women’s shelters for abused women and for family events at Friendship Centres, Native Northwest’s website states. The shirts are available online and retail for copy5 + shipping, or you can buy them in person at 1644 West 75th in Vancouver.

Presently, the largest bastion of support comes from Canada’s CKNW 980 AM News radio station which mans the www.PinkShirtDay.ca website and promotes the Pink Shirt Day campaign. According to the site, “Last year over 160,000 people committed on Facebook to wear pink and help stop bullying.”

“Boys and Girls Clubs proudly participate in Pink Shirt Day because it promotes awareness, understanding and openness about the problem and a shared commitment to a solution. BGCGV relies heavily on community support to deliver our daily Club programs. Supporting Pink Shirt Day supports everyone who has experienced bullying as well as Boys and Girls Clubs of Greater Vancouver’s anti-bullying programs.”

Setah expressed the message she and her children hope to share:

“I want my kids to learn to stand up for those who are not strong enough to speak for themselves. I want my kids to have enough confidence to not care what others think of them, I also want them to always LOVE, Always have RESPECT for themselves and others, Always have COURAGE, Always have HONESTY, Always have WISDOM, Always have HUMILITY and most of all ALWAYS TELL THE TRUTH!”

Chairman Melvin R. Sheldon: NMAI’s Meet Native America Series

Melvin R. Sheldon, Chairman, Board of Directors of the Tulalip Tribes, during the first White House Tribal Nations Conference, November 2009. Washington, D.C.

Dennis Zotigh, ICTMN, 2/22/14

In the interview series Meet Native America, the Smithsonian National Museum of the American Indian invites tribal leaders, cultural figures, and other interesting and accomplished Native individuals to introduce themselves and say a little about their lives and work. Together, their responses illustrate the diversity of the indigenous communities of the Western Hemisphere, as well as their shared concerns, and offer insights beyond what’s in the news to the ideas and experiences of Native peoples today.

Please introduce yourself with your name and title.

Melvin R. Sheldon, Chairman of the Board of Directors of the Tulalip Tribes.

Where is your nation located?

Tulalip, Washington, is about 35 minutes north of Seattle, next to Interstate 5. The closest city outside the reservation is Marysville, Washington.

Where are your people originally from?

We are the successor of interest to Snohomish, Snoqualmie, Skykomish, and other allied tribes and bands signatory to the 1855 Treaty of Point Elliott. We lived from the mountains down to the salt waters of the Coast Salish Sea.

What is a significant point in history from the Tulalip Tribes that you would like to share?

Recently Northwest tribes remembered the Judge Boldt decision of 1974. This decision recognizing treaty fishing rights redefined and reconnected a way of life for Tulalip people. Our tribal men and women are proud to be salmon fishing people.

How is your national government set up?

We have a constitution and bylaws adopted in 1936. Our governing body is composed of a seven-member Board of Directors. The board is a legislative body that creates laws that govern our reservation.

Is there a functional, traditional entity of leadership in addition to your modern government system?

As in many tribes, our elders have a strong voice in tribal affairs. Their history and traditional values keep us grounded as we move forward and face the challenges of a growing tribe with outside competing values.

How are elected leaders chosen?

Each year board members are elected by popular vote. We have three-year terms on a staggered schedule. Each year at General Council, executive offices are chosen by those present; the chairman, vice chair, secretary, and treasurer are elected on that day for the next year.

How often does the Board of Directors meet?

The Tulalip board meets once a month to conduct official business as mandated by our constitution. We have committee meetings throughout the week as we oversee our business and service needs.

What responsibilities do you have as a leader?

As chairman I preside over monthly meetings and the General Council. Further duties include representing our tribe at meetings of all levels and being principal spokesperson.

How did your life experience prepare you to lead your tribe?

Learning to listen became a major foundation as I entered leadership. People don’t care how much you know until they know how much you care!

Who inspired you as a mentor?

Tulalip has been gifted with great leadership through the years. There are many of our past leaders who left behind a legacy, and they have become mentor examples. I thank them and raise my hands to our past leaders.

Approximately how many members are in the Tulalip Tribes?

Today we have just over 4,300 tribal members.

What are the criteria to become a member of Tulalip?

We have a residency requirement for membership.

Is your language still spoken on your homelands? If so, what percentage of your people would you estimate are fluent speakers?

Our language, Lushootseed, was almost lost, but through several key elders and tribal support we were able to revive our language. Today we teach our young ones Lushootseed.

What economic enterprises do the Tulalip Tribes own?

Tulalip Tribes were only the second Indian nation to establish a federally recognized city, Quil Ceda Village. Our business park and municipality form a bustling, growing commercial center. At the center is the Tulalip Resort Casino (TRC), with a hotel and conference center. Further tribal businesses include two gas stations, two liquor/cigarette stores, and Tulalip Data Service/Cablevision operation. Tulalip—which includes the tribal government, Quil Ceda Village, and the TRC—directly employs 4,500 team members.

To read the full interview, visit the NMAI series here.

Navy Looks To Renew Permits For Bombing And Sonar Exercises In The Northwest

The U.S. Navy's aircraft carrier USS John C. Stennis transits the Pacific Ocean alongside the oiler USNS Yukon. | credit: Official U.S. Navy Imagery/Specialist 3rd Class Kenneth Abbate — The U.S. Navy’s aircraft carrier USS John C. Stennis transits the Pacific Ocean alongside the oiler USNS Yukon. | credit: Official U.S. Navy Imagery/Specialist 3rd Class Kenneth Abbate

By Ashley Ahearn, KUOW

SEATTLE — The Navy is pursuing permits to continue conducting sonar and explosives exercises in a large area of the Pacific Ocean — and that’s putting marine mammal advocates on high alert.

Public hearings kick off next week as the Navy gathers public comments on its draft environmental impact statement for the Northwest training and testing range. The range stretches from northern California to the Canadian border.

Marine mammals, like porpoises, gray and fin whales and endangered orcas, travel through the Navy’s training range. That’s why marine mammal advocates are voicing concerns about the Navy’s activities.

In the draft EIS the Navy outlined plans to conduct up to 100 mid-range active sonar tests each year. That type of sonar has been shown to affect marine mammal behavior.

The Navy also wants to conduct up to 30 bombing exercises per year in the range.

The Northwest training and testing range. Credit: Navy

John Mosher, Northwest Environmental program manager for the U.S. Pacific Fleet, says the training range is critical to naval preparedness.

“At some point realistic training, whether it’s with explosives or sonar, has to take place and they truly are skills that are perishable, things that have to be routinely conducted to be able to do them in case the real need occurs,” Mosher said.

The Navy gathered more than 300 public comments during an earlier scoping phase of its environmental review. Most of those comments centered around impacts on marine mammals.

The Navy has plans in place to look and listen for marine mammals before and during testing exercises. But environmentalists say the mitigation measures are inadequate.

“They’re dropping bombs and you can’t see orcas from the air,” said Howard Garrett of Orca Network. “There’s every real danger that orcas are going to stray into a live bombing range and we don’t want to see that.”

Brad Hanson

The National Oceanic and Atmospheric Administration has been studying the endangered orca population of Puget Sound by tagging orcas and using underwater acoustic monitoring devices to better understand how the whales move through the region. The population of Southern Resident Orcas is hovering around 80 individuals, and has been decreasing in recent years.

Brad Hanson, an expert on orcas with NOAA, says the area within the naval training and testing range is an important forage area for the whales.

“We want to figure out if there are particular areas that the whales are using so the Navy could avoid using those areas for training exercises that might cause any type of harassment of the animals,” he said.

Hanson’s tagging research has shown orcas moving from Washington to northern California within the span of a week.

The body of 3-year-old female Orca L112.
Credit: Cascadia Research

Last year a 3-year-old female orca washed up dead near the mouth of the Columbia River. Her body showed signs of trauma that could have been the result of an explosion but it had been drifting on the Columbia River’s eddies for days, making the results of the necropsy report inconclusive. The official findings were to be released by NOAA Fisheries on Monday.

“It’s probably the most comprehensive necropsy report I’ve ever seen done on a killer whale,” Hanson said.

The Navy also recently announced plans to build a new $15 million dollar facility near Port Angeles, Wash. on the Strait of Juan de Fuca.

What’s Next

Public meetings will be held from 5-8 p.m. for the following dates and locations:

Feb. 26, 5-8 pm: Oak Harbor High School, Oak Harbor, Wash.
Feb. 27, Cascade High School, Everett, Wash.
Feb. 28, North Kitsap High School, Poulsbo, Wash.
March 3, Astoria High School, Astoria, Ore.
March 4, Isaac Newton Magnet School, Newport, Ore.

The deadline for written comments on the Northwest Training and Testing range EIS is March 25.

For Abused Native American Women, New Law Provides A ‘Ray Of Hope’

Deborah Parker, vice chair of the Tulalip Tribes of Washington state, reacts to President Barack Obama signing the Violence Against Women Act in 2013 in Washington.Manuel Balce Ceneta/AP — Deborah Parker, vice chair of the Tulalip Tribes of Washington state, reacts to President Barack Obama signing the Violence Against Women Act in 2013 in Washington.
Manuel Balce Ceneta/AP

By Hansi Lo Wang, from NPR All Things Considered show

This Thursday, three Native American tribes are changing how they administer justice.

For almost four decades, a U.S. Supreme Court ruling has barred tribes from prosecuting non-American Indian defendants. But as part of last year’s re-authorization of the Violence Against Women Act, a new program now allows tribes to try some non-Indian defendants in domestic abuse cases.

It will be another year before the program expands to other eligible federally-recognized tribes around the country in March 2015. But the Department of Justice has selected three tribes to exercise this authority first, including the Pascua Yaqui Tribe of Arizona, the Confederated Tribes of the Umatilla Indian Reservation in Oregon, and the Tulalip Tribes, located north of Seattle.

‘Going To War’

Deborah Parker serves as the Tulalip Tribes’ vice chair. For three years, she flew back and forth between Washington state and Washington, D.C., giving speeches and knocking on doors — an experience that she says felt like “going to war.”

“You got to go to battle,” Parker says, “and you have to convince a lot of people that native women are worth protecting,”

And that protection, Parker was convinced, had to come from Congress. So she pushed for legislation allowing American Indian tribes to prosecute non-Indian defendants in domestic violence cases.

About four out of every ten women of American Indian or Alaskan Native descent have “experienced rape, physical violence or stalking by an intimate partner,” according to the Centers for Disease Control and Prevention. It’s an alarming statistic that Parker knows all too well from growing up on the reservation.

“We didn’t have a strong police presence when I was younger. Even [if you called] the police, often they didn’t respond,” she says. “When they did, they would say, ‘Oh, it’s not our jurisdiction, sorry.’ [And] prosecutors wouldn’t show up.”

A Question Of Jurisdiction

Jurisdiction is the key word in this discussion.

In 1978, the Supreme Court ruled in Oliphant v. Suquamish Indian Tribe that tribal governments have no jurisdiction over crimes committed by non-Native Americans on tribal land.

Instead, tribes have to rely on federal prosecutors to take on such cases, and prosecutors have not always been able or willing to consistently pursue reports of domestic violence.

Deborah Parker and other advocates pushed to address this issue — and some lawmakers in Congress pushed back.

One of the most vocal opponents of the new program was Republican Sen. Charles Grassley of Iowa. He voiced his concerns about the constitutionality of the program during a Senate debate last February, weeks before the Violence Against Women Act was reauthorized.

“The key stumbling block to enacting a bill at this time is the provision concerning Indian tribal courts,” Grassley said, referring to a provision that allows American Indian tribal courts to have jurisdiction over non-Indians accused of domestic violence.

Stepping Towards A Solution

But Fred Urbina, chief prosecutor for the Pascua Yaqui Tribe, says the provision that passed is fairly complicated and narrow. “This basically helped it pass through Congress and get approval, so everybody’s describing this as a first step,” he says.

The “special domestic violence criminal jurisdiction” program is limited to certain domestic violence cases involving non-Native American defendants who are in existing relationships with Native Americans and living or working on the reservation. In Alaska, it only applies to the Metlakatla Indian Community of Annette Islands Reserve.

Still, the Pascua Yaqui Tribe’s Attorney General Amanda Sampson Lomayesva says the program will offer a new route for justice.

“It is a ray of hope,” she says “Maybe we can start protecting people and having the tribal members who live here on the reservation feel like something will be done.”

Brent Leonhard, an attorney for the Confederated Tribes of the Umatilla Indian Reservation, also sees the program as a partial solution to “a mess created both by a Supreme Court decision and by federal law and policy.”

“This is a step towards trying to improve that,” he says.

Parker acknowledges that the program “doesn’t answer all the questions” about how tribal governments can play a more direct role in addressing crime by non-Native Americans.

“But it allows us to exert jurisdiction and arrest those who violate protection orders [and commit] dating violence [or] domestic violence,” says Parker, who adds that she hopes the program will give a stronger voice to more Native American women

Protecting traditional knowledge: Tulalip participates in U.N. conference on protection of indigenous identities

By Andrew Gobin, Tulalip News

The Tulalip Tribes continues to participate in United Nations discussions about protecting the traditional knowledge of indigenous peoples, including oral histories and language, cultural expression, and genetic resources. Ray Fryberg Sr. and Preston Hardison of the Tulalip tribes Natural Resources Department traveled to Geneva, Switzerland, for the 13^th conference on traditional knowledge and biodiversity February 3^rd-7^th. The meetings potentially will conclude with an international treaty protecting indigenous peoples’ rights to their knowledge and any gains therein. Although the international treaty would protect traditional knowledge on a global scale, the real fight is here at home in the United State who has remained one of the strongest opponents to intellectual property rights on a global scale.

“As Indian tribes across the U.S. enter the national and global markets, the need to protect their traditional knowledge has become more prevalent,” said Hardison. “Especially with casinos, the tribes have brands, logos, and now traditional art that is being put out there.”

This touches on one aspect of the intellectual property debate on traditional knowledge; cultural expression. The use of art to brand Tulalip as a business, as a destination, now is vulnerable to being taken and used in ways other than intended, without the permission of the artist or Tulalip.

“We don’t want to set the rules,” he added, “we want tribes to be recognized as having the right to determine how, where, and why their knowledge is shared. Each culture has its own rules dictating those things, it should be up to those people to determine.”

Tulalip has been involved in this discussion at the U.N. since 2001, represented at 12 of the 14 meetings on indigenous knowledge and biodiversity. What they are working towards is a treaty that protects indigenous people on a global scale, recognizing their inherent rights to resources and traditional knowledge, so that those things may not be exploited. Currently, the exploitation of traditional knowledge and resources jeopardizes the survival of indigenous cultures around the world, essentially stripping them of access to their identities.

Ray Fryberg was selected to co-chair the committee of indigenous leaders that spoke to the issue of intellectual property rights. According to reports from the U.N., he was selected for his vast traditional knowledge and passion for preserving all that is encompassed in traditional knowledge, including genetic and natural resources and cultural expression.

Although Tulalip is sovereign, they are not recognized by the U.N. as a sovereign state. They have no seat, no vote, but they do have a consulting voice. Tulalip has to bid for support from other sovereigns, facing opposition most from the U.S.

“For tribes, pressure for protection has to come from within the U.S., not outside. And Tulalip is just about the only one that is in position to do it,” explained Hardison.

Hardison, along with Terry Williams who also works for Tulalip Natural Resources, have continued to be instrumental in the progress for protecting traditional knowledge. They have been involved since 2001, working together at 11 conference meetings, and were key players in the passing of the Nagoya Protocol, which protects the exploitation of genetic resources. The U.S. is not a nation signatory to the Nagoya Protocol.

Current laws in the U.S. have no teeth. The Native American Arts and Crafts Act prevents non Indians from marketing things as Native American art, but it doesn’t prevent the use of traditional methods and materials for personal gains. The Native American Graves and Repatriation Act allows for remains and artifacts to come back to tribes if the tribes can prove relationship to or historic connection, putting the burden of proof on the tribes. Tulalip continues to fight on the international stage for these rights, strengthening their position to protect these rights at home in the United States.

Andrew Gobin is a reporter with the See-Yaht-Sub, a publication of the Tulalip Tribes Communications Department.
Email: agobin@tulaliptribes-nsn.gov
Phone: (360) 716.4188

Mystery illness decimating sea star populations

D. Gordon E. Robertson / WikipediaOchre sea stars have been dying off, and biologists are unsure why. — D. Gordon E. Robertson / Wikipedia
Ochre sea stars have been dying off, and biologists are unsure why.

By Bill Sheets, The Herald

MUKILTEO — It’s an iconic summertime image in the Northwest: children playing on the shoreline at low tide, shoveling sand into plastic pails while purple and orange sea stars cling to exposed rocks nearby.

On some beaches this summer, that scene likely will be missing the sea stars.

A mysterious condition is killing sea stars — commonly known as starfish — by the thousands all along the Pacific Coast of North America, from Alaska to Baja California.

The ochre sea star, the colorful type often seen clinging to those rocks, is one of the hardest-hit species, said Drew Harvell, a Cornell University biology professor working on the problem for the University of Washington’s Friday Harbor Laboratories.

Sea stars, she said, “are emblematic; people have them on their T-shirts, for heaven’s sake.”

Local populations in the inland waters of Western Washington — including in Mukilteo and Edmonds — have been nearly wiped out just in the past few months, researchers and divers say.

The stars are turning to jelly and disintegrating. A group of researchers is working to find out why.

“It’s extremely difficult to pinpoint the exact cause,” said Ben Miner, an associate professor of biology at Western Washington University in Bellingham.

He recently collected samples of sick and dead sea stars in Mukilteo and Edmonds.

The prevailing theory so far, Harvell said, is that the deaths are being caused by a pathogen, bacteria or a virus, as opposed to a broader environmental condition such as ocean acidification.

Other types of organisms are not experiencing similar death rates, she said. The scourge has been more pronounced in inland waters than on the outer coast.

Populations in Oregon, compared to those in Washington and California, have mostly been spared.

Some inland waters have been hit hard by the die-off, while other areas, such as the harbors at Langley and Coupeville on Whidbey Island, still have healthy populations, Miner said.

Sea stars that live in ultraviolet-light-filtered water in aquariums are mostly healthy, while those that live in unfiltered water are more often showing signs of disease, Miner said.

While the evidence so far points to a pathogen, “that certainly doesn’t preclude the possibility that there are other things in the water that are weakening their immune systems and allowing them to get sick,” Miner said. “It has the potential to be a combination.”

If it is bacteria or a virus, it’s uncertain whether humans are contributing to the problem, Harvell said.

“Once we know what it is, we’ll have a much better idea of what the answer to that is,” she said.

Another theory is that the condition is caused by radiation that has drifted across the ocean from the nuclear power plant in Fukushima, Japan, which suffered a meltdown after the March 2011 earthquake and tsunami.

If that were true, many more creatures would be affected, researchers said.

“It’s unlikely to be the direct cause,” Miner said.

There are several hundred species of sea stars worldwide and about 25 in the Pacific Northwest, he said.

“About half of those species appear susceptible,” Miner said.

Large “sunflower” stars, which have up to 20 arms and can be more than 3 feet across, have taken the brunt of the plague along with the ochre stars, Harvell said.

Kimber Chard, of Edmonds, a scuba diver who frequents the waters of Edmonds and Mukilteo, said he began noticing dying sea stars about nine months ago.

“The sunflower stars used to be everywhere,” Chard said. He used to see up to 30 of them per dive. Now it’s down to two or three.

“There used to be so many of them, and they’re just so few.”

Sea stars are echinoderms, in the same phylum as sea urchins, sand dollars and sea cucumbers. Sea stars are voracious eaters, sucking down clams, mussels, barnacles, snails, other echinoderms and even each other, researchers said. As a result, their losses could send big shock waves through the food chain.

Scientists at universities along the West Coast and at Cornell in Ithaca, N.Y., have teamed with aquariums and divers to work on the problem.

Miner is placing healthy sea stars in tanks with sickly ones to test the contagiousness of the condition. Samples of sick stars are being tested at a marine lab on Marrowstone Island near Port Townsend. Some are frozen, preserved and sent to Cornell researcher Ian Hewson.

“He has the capability to test for bacteria and viruses and he’s worked incredibly hard all fall,” Harvell said.

Miner said he hopes to have some study results to report within a couple of months.

“We’re just watching which way it goes and how fast it goes,” he said.

Coalition for Prisoners’ Rights Addresses UN Human Rights Committee

Source: Indian Country Today Media Network

The United Nations Human Rights Committee recently heard about the violations of indigenous prisoners’ religious freedoms at the hands of the United States throughout the country.

Huy, a Saettle, Washington based non-profit formed in 2012 to reform state policy in regard to Native prisoners’ Indian religious freedoms and cultural expression, was joined by the National Congress of American Indians, Native American Rights Fund, and the American Civil Liberties Union in presenting their information to the U.N.

Kate Fox Principi, secretary of the Human Rights Committee in Geneva, Switzerland heard the coalition’s concerns, which came in the form of an update to a previously submitted 15-page report, titled “Joint Submission to Human Rights Committee Concerning Indigenous Prisoners’ Religious Freedoms in the United States of America.”

“This update, as with the original report, concerns the United States’ violations of indigenous prisoners’ religious freedoms and the United States’ failure to fully implement the ICCPR on state and local levels, in particular response to paragraphs 1(b), 4, 16, and 27 of the Human Rights Committee’s list of issues concerning the United States, for the 110th Session. The Human Rights Committee’s review of the United States’ human rights record was scheduled to occur last October during the 109th Session, but was postponed due to the United States government shutdown last fall,” according to a Huy press release.

All the information presented through the update and the report address the treatment and violations occurring in California, Montana, Hawaii, Arizona, South Dakota, Texas, Wyoming and Missouri.

“The religious and human rights violations being committed by state and county corrections agencies against indigenous prisoners remain prevalent,” said initial Chairman of the Huy Board Advisors, Gabriel Galanda, Round Valley, a tribal lawyer with Galanda Broadman, PLLC in Seattle. “International intervention is now needed to bring the U.S. and its state and local siblings into universal compliance with American federal law and worlwide human rights norms.”

The indigenous prisoners’ religious rights coalition is altogether comprised of:

— Huy

— NCAI

— Affiliated Tribes of Northwest Indians

— Round Valley Indian Tribes

— National Native American Bar Association

— Indigenous Peoples Law and Policy Program

— Native American Rights Fund

— Center for Indian Law and Policy at the Seattle University School of Law

— The National ACLU

— The ACLU of Washington

— The ACLU of Southern California

Coast Salish Nations Unite to Protect Salish Sea

Coast Salish Sea Tribes and Nations

The Lummi, Swinomish, Suquamish and Tulalip tribes of Washington, and the Tsleil-Waututh, Squamish and Musqueam Nations in British Columbia stand together to protect the Salish Sea. Our Coast Salish governments will not sit idle while Kinder Morgan’s proposed TransMountain Pipeline, and other energy-expansion and export projects, pose a threat to the environmental integrity of our sacred homelands and waters, our treaty and aboriginal rights, and our cultures and life ways.

The Salish Sea is one of the world’s largest and unique marine water inland seas. It is home to the aboriginal and treaty tribes of the Northwest whose shared ecosystem includes Washington State’s Puget Sound, the Strait of Juan de Fuca, the San Juan Islands, British Columbia’s Gulf Islands and the Strait of Georgia.

In December 2013, Kinder Morgan, the third largest energy producer in North America, filed an application with the National Energy Board (“NEB”) of Canada to build a new pipeline to transport additional crude oil from the tar sands of Alberta to Vancouver, B.C., where it will be put on tanker vessels and shipped to Asia. The NEB is the Canadian federal agency that regulates energy.

If approved, the proposal would result in expanded transport of crude oil from approximately 300,000 to 890,000 barrels per day. This is a 200 percent increase in oil tanker traffic through the waters of the Salish Sea. Vessel groundings, accidents, leaks, and oil spills are not only possible, they are inevitable.

New jobs and economic growth are being touted as incentives to justify the expansion of the Northwest as the “gateway to the Pacific.” But good fishing and tourism jobs will be lost that depend on a healthy and intact environment. If these projects are approved, the potentially catastrophic effects to our environment and cultural resources will put our Northwest way of life in jeopardy.

In addition to the Kinder Morgan proposal, other port projects and expansions seek to increase the cumulative export of raw fossil fuels from the Salish Sea region to the Asian Pacific and beyond.

As the first peoples of the Salish Sea, it is our responsibility to ensure that our ancestral fishing and harvesting grounds are not reduced to a glorified highway for industry. Each of these proposals represents a potential new threat to our treaty rights in the traditional fishing areas of the Coast Salish tribes and nations. These are rights that the United States promised to protect when they signed treaties with the tribes, recognizing our inherent right to fish “at usual and accustomed grounds and stations.” (1855 Treaty of Point Elliott, Article 5.)

Our relatives to the east, on the sacred Columbia River, are fighting similar battles against dirty fuel projects that threaten to pollute their lands and waters. The Nez Perce stand firm on ensuring that this unique area of the country and tribal homelands are not transformed into a “mega-load” industrial corridor.

Other Columbia River tribes, including the Yakama, Umatilla, and Warm Springs all stand with the Nez Perce to fight for their traditional fishing grounds on the Columbia River and its tributaries. Multiple energy export proposals, up and down the river, threaten to choke the very life from a once bountiful traditional fishing ground. Coast Salish tribes link arms with their cousins along the Columbia.

On February 11, 2014, the undersigned tribes and nations collectively filed for official intervener status in the National Energy Board (NEB) of Canada’s hearing process that decides whether or not to approve Kinder Morgan’s application. This will allow us to present our story, offer evidence and studies documenting impacts on our way of life, and ask important questions during the hearings to ensure the panel receives all the information needed to make an informed decision.

The Coast Salish will fight for our treaty rights, our culture, and our way of life. If protecting our homelands and cultures means standing up against Kinder Morgan’s TransMountain Pipeline, and other proposals that endanger our region, we will most certainly do so. It is our sacred duty to leave future generations a healthy world.

If our children and our children’s children are to know the taste of wild salmon, and the ancient calling of the Salish Sea, we must stand up. The Coast Salish peoples have a saying, “from white caps to white caps,” which means from the snowy peaks of our mountains to the foam-capped waves of our seas, this is our world.

We issue a call to all Native Americans, First Nations relatives, and to all people who love the Salish Sea to please stand with us to protect our rights, our health, and our children’s future. It is our generation’s time to stand up and fight. What happens to the Salish Sea happens to our peoples, and to all those who call this unique place home.

“When all the trees have been cut down, when all the animals have been hunted, when all the waters are polluted, when all the air is unsafe to breathe, only then will you discover you cannot eat money,” according to Cree prophecy.

We urge you to share your objections to Kinder Morgan’s pipeline with President Barack Obama and Governor Jay Inslee before a decision is made by writing and calling:

President Barack Obama

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

202-456-1111

Whitehouse.gov/contact/write-or-call#write

Governor Jay Inslee

Office of the Governor

PO Box 40002

Olympia, WA 98504-0002

360-902-4111

Governor.wa.gov/contact/default.asp

Chairman Brian Cladoosby, Swinomish Indian Tribal Community

Chairman Melvin Sheldon Jr., Tulalip Tribes

Chairman Leonard Forsman, Suquamish Tribe

Chairman Tim Ballew II, Lummi Nation

Sacred Site Advocates Ask Senate to Heed Keith Harper Concerns

Rob Capriccioso, ICTMN

Wayland Gray, a Muscogee (Creek) Nation citizen and sacred site advocate, finds himself in a David versus Goliath-type situation.

Gray says he wants the U.S. Senate and the White House to hear his views against Keith Harper’s nomination to become a human rights ambassador with the United Nations, but he knows he is up against a major political machine.

“I know some of the powerful Native lobbyists are supporting Keith Harper,” Gray says. “But they shouldn’t have any more influence with Congress than grassroots Native people who have problems with his nomination.”

Harper, a Cherokee Nation citizen, is a lawyer with Kilpatrick Stockton who helped settle the Cobell lawsuit with the Obama administration, and he is politically well-connected to the administration, having worked as a transition team member, served on a presidential commission, and he was a major fundraiser for the Obama campaigns for president. Many Washington, D.C.-based lobbyist and lawyer associates of Harper, as well as tribal leaders who have had positive interactions with him and his firm, have weighed in to the Senate Foreign Relations Committee with support for his nomination.

Several indigenous human rights advocates, disenrolled tribal citizens, Cherokee Freedmen, Cobell settlement critics, and tribal leaders who oppose the nomination and who are not as well-connected as Harper find themselves in a precarious situation: How to get Congress to hear their voices when up against such an influential lobby?

Gray thinks the story of Hickory Ground’s sacred site desecration – and Harper and Kilpatrick Stockton’s representation in the matter – should speak volumes to senators who are considering the nomination. “Keith Harper’s firm has been defending the excavation of approximately 57 of our tribal ancestors who were dug up to build a casino,” he says, noting a long-standing source of conflict and sadness for Muscogee Creek citizens who have for years battled the Poarch Band of Creek Indians building and expansion of a casino on and near sacred burial grounds known as Hickory Ground in Alabama.

“I don’t see how Keith Harper can be an ambassador of human rights at the U.N. if he can’t even protect our sacred places and the burial sites of our ones who have passed,” Gray says. “The number one most important thing to Natives and to all humans is our burial places of our loved ones.”

RELATED: The Battle For Hickory Ground

Poarch Band leaders have said that they have taken “efforts to maintain the site” and want to “preserve a relationship with the Muscogee Nation,” but the inter-tribal battle escalated in February 2013 when Gray was arrested on terrorism charges by Poarch Band police as he and three others tried to access the sacred Hickory Ground site to pray for their Muscogee ancestors buried there. The Poarch Band has issued press releases saying Gray threatened to burn down the casino before his arrest. A grand jury has since tossed out the terrorism charge, but Gray is awaiting a jury trial on appeal to try to fully clear his name, based on religious freedom legal arguments, and having rejected a plea deal in June 2013.

As Gray was dealing with the fallout from his arrest, Poarch Band Chairman Buford Rolin was sending a letter to the Senate Foreign Relations Committee last year in support of Harper’s nomination that said Harper has served as “the tribe’s lawyer representing us in litigation critical to our community” and that the tribe has “a great deal of respect” for Harper and his work. Beyond his representation of the Poarch Band, Harper’s biography on his firm’s website says he has served on the tribe’s Supreme Court.

Brendan Ludwick, a lawyer for the Muscogee (Creek) Nation, says that Harper’s work for the Poarch Band is a “reason to be concerned” about his nomination.

After Gray’s arrest, Ludwick wrote an e-mail to Harper in February 2013 to ask for his assistance on the matter. “I reached out to him as a fellow Indian lawyer to see if he could bridge communications between our clients to secure Wayland’s release,” he says. “Keith never responded.

“This was a situation where we had a Native American exercising his First Amendment right to access a sacred place and was incarcerated because of the actions of his client,” Ludwick adds. “It was disappointing that he did not do more to help.”

Harper’s silence on various indigenous human rights issues has led to consternation about his nomination from many Native Americans and from Sens. John McCain (R-Arizona) and John Barrasso (R-Wyoming), vice-chair of the Senate Committee on Indian Affairs.

Ludwick, a citizen of the Kickapoo Tribe, hopes that more senators, on both sides of the aisle, will investigate the concerns. “The question is whether as a partner at the Kilpatrick law firm Keith Harper advised or profited from the desecration of the burials at Hickory Ground,” he says.

Robin LeBeau, a council member with the Cheyenne River Sioux Tribe, says there are scores of Native Americans fighting for human rights in Indian country who would be less controversial and better U.N. ambassadors than Harper. “I hope that Congress understands that this lawyer is not the best advocate for Indian country or human rights,” she says. “But there are not many politicians in Congress who stand with and for their people nowadays. Money talks.”

Mary Lee Johns, one of the four Native Americans who appealed the Cobell settlement and who was later a target of a harassment-inducing letter sent by the Cobell legal team in 2010, suggests that Natives who want to voice their opinions on this nomination should contact their senators, as the nomination will likely be considered before the full Senate very soon.

Johns already sent a letter last year to the Foreign Relations committee explaining her concerns about Harper, but his nomination still passed narrowly along party lines in early February, with all Democrats on the committee voting in favor of his confirmation. She has since sent a new letter to more senators, including Democrats Mary Landrieu of Louisiana, Heidi Heitkamp of North Dakota, Patty Murray of Washington, and Mark Begich of Alaska who she hopes will not view this as a partisan matter.

“The fact that he is an enrolled member of the Cherokee Tribe does not necessarily give him unusual powers of insight, empathy and commitment to the problems of oppressed people,” Johns wrote, addressing senators including Barbara Boxer (D-Calif.) who have pointed to Harper’s tribal citizenship as a top reason for supporting him.

It remains to be seen if the Senate will heed such arguments, but Gray says that if senators really listen and look at the scope of Harper’s character and commitments, they will come to the right conclusion.

“Right now it’s really important that Native Americans step up and contact their senators,” Gray says. “We need someone who is going to help us protect sacred places at the United Nations.”