Tulalip News Archives - Page 269 of 286

Fish Wars convictions cleared: Senate House Bill 2080 vacates felony convictions of Treaty Indian fishermen

Article by Andrew Gobin, Tulalip News

Olympia – Senate House Bill 2080, introduced to the Washington State Legislature after session in 2013, was passed this year by the House on February 13^th and the Senate February 5^th, which coincides with the 40^th annum of the Boldt Decision which settled the Fish Wars. The bill allows tribal fishermen arrested while exercising their treaty fishing rights and convicted prior to January 1^st, 1975, to apply to the sentencing court to vacate their convictions including misdemeanors, gross misdemeanors, and felonies. With this bill, the legislature acknowledges that no crimes were ever committed in these cases, making these convictions void.

Rep. David Sawyer, (D), whose district includes the Nisqually and Puyallup reservations, introduced SHB 2080 after session in 2013. That move gave legislators time to read the bill and engage with it, allowing it to move rather quickly through the House and Senate.

“It is an excellent bill, it writes a wrong for so many,” said Sen. John McCoy, (D). He was one of the point people for the bill as it moved through the Senate.

The language of the bill is just as important as the bill itself. It is not a pardon. It is a new law allowing Treaty Indian fishermen, who were wrongfully arrested and charged, to clear their name through vacation and expunction. To vacate the conviction means it has been rendered void by the court. To expunge means to remove completely from the record. Those two terms, from a legal stand point, make these convictions as if they never occurred, as opposed to a pardon which acknowledges the crime and validates a conviction, yet forgives the crime and sets sentencing aside.

“A crime was never committed, they [the convictions] should be expunged,” said McCoy, referring to the imposition of state law over Treaty Indian fishing.

During the Fish Wars, the State of Washington filed injunctions to block Treaty Indian fisheries. Treaty Indian fisheries, which stem from treaties made with the United States, preempt state law, meaning the state had no authority over Treaty Indian fishing activities. The momentous Boldt Decision reaffirmed the treaties and the fact that the state had no authority to block Treaty Indian fisheries. In turn, that means the state had no jurisdiction to convict those participating in Treaty Indian fishing under state laws. Senate House Bill 2080 acknowledges that and makes a way for people who never should have been charged and convicted to clear their name.

McCoy noted, “This should have been done a long time ago.”

Through the passing of SHB 2080, the State of Washington realizes the sovereignty of tribes, acknowledging that they had no authority over what happened more than 40 years ago. This sets a precedent for Washington tribes, and for tribes across the nation.

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

March 5, 2014 syəcəb

SYS 03052014 March 05 2014 Download

Rainwater Management at Tulalip

Tulalip Tribes Natural Resources is hosting three workshops on rainwater management, beginning Wednesday, March 12, 2014

Tulalip Heritage Hawks Regional Champions: Advance to State Championships in Spokane

Brandon Jones swats a shot from Wilbur-Creston. Shawn Sanchey with the rebound. *Andrew Gobin/Tulalip News*

By Andrew Gobin, Tulalip News

The WIAA Regional Championship game held at Everett Community College February 28^th was the final qualifying game for the State Championships in Spokane. The Tulalip Heritage Hawks took the Regional Championship Title over the Wilbur-Creston Wildcats, with a final score of 81-64 Tulalip. This loser-out game advances the Hawks to State, where they will play the Neah Bay Red Devils.

The Tulalip Heritage Hawks have said all year that this was their year to return to state, and bring home the championship title from Spokane. In recent years, they have come close, losing to their rivals, the Lummi Blackhawks, stopping their dreams of taking state just short of the championships. The Hawks have had an incredible season, currently ranked second in the state class, with an overall 26 wins and one loss to rival Lummi Blackhawks earlier in the season. Heritage defeated Lummi three more times since, including one game for the District Championship.

Ayrik Miranda with his signature three pointer. Andrew Gobin/*Tulalip News*

On Thursday, March 6^th, Tulalip Heritage Hawks will face the Neah Bay Red Devils for the first game of the State Championships in Spokane. Tulalip defeated Neah Bay at the Tri-District Championship game 68-66, so this first game will be an intense rematch.

Keanu Hamilton fouled on the lay up. He made the basket, and both his foul shots. *Andrew Gobin/Tulalip News*

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

Tulalip Wrestlers take 2nd and 3rd at State Championship

Killian Page pins his opponent in his second match, continuing on undefeated until the final match, placing second. *Andrew Gobin/Tulalip News*

By Andrew Gobin, Tulalip News

Four wrestlers on the Marysville Pilchuck High School wrestling team that went to state are from Tulalip. Drew Hatch, Killian Page, Keith Pablo, and Austin Brown all did exceptionally well in getting to the state championship, with Page taking 2^nd place in his weight class, and Hatch taking 3^rd place in his.

Drew Hatch lunges, shooting the hips, knocking his opponent off balance. He placed third in state. *Andrew Gobin/Tulalip News*

Juniors Drew Hatch and Killian Page had an excellent season on the way to state. Undefeated, Hatch ranked second in his weight class going into the championships. Even though he was fighting a fever, he stepped on the mats, losing his second match, coming back winning 5 straight matches and taking third for the 170 weight class. Page went to state undefeated as well. Taking time to warm up and get focused, he was a force in the 160 weight class, remaining in the championship bracket until the final match, placing second after he lost the final match to the last year’s returning champion

Keith Pablo starts his second match. He had many reversals and finished strong as a freshman at the state championships. *Andrew Gobin/Tulalip News*

Freshmen Keith Pablo and Austin Brown made it to state their first year on the team. Although Pablo lost his first two matches and was not able to continue, he took each match right to the end of the time limits, refusing to be pinned.

Austin Brown Flips his opponent twice in the second match. He went on to take first in Folk Style for the Marysville Club Wrestling team. *Andrew Gobin/Tulalip News*

Brown had a rough season, according to his coaches. What brought him to state was his spectacular performance in districts and regionals. In his final match, although he lost, Brown flipped his opponent twice like it was nothing. He went on to the State Championship for the Marysville club team, taking first in Folk Style wrestling.

February 26, 2014 syəcəb

SYS 02262014 Feb 26 2014 Download

Hawks advance to Tri-District Championships after a smashing game against the Lions, winning 86-55.

Anthony McLean with a lay up late in the fourth quarter. *Andrew Gobin/Tulalip News*

By Andrew Gobin, Tulalip News

The Tulalip Heritage Hawks continue to blaze through the district championships undefeated. Tonight’s intense game was an exhilarating win as the Hawks triumphed over the Shorewood Christian Lions 86-55, advancing on to the Tri-District Championship game next week.

Robert Miles Jr with the rebound. *Andrew Gobin/Tulalip News*

By the end of the first quarter, the Hawks were already leading the Lions strong at 30-10, dominating the rest of the game staying ahead of the Lions by double the points. In the fourth quarter, the Lions started their assault on the Hawks, but could not get past their defense.

Bradley Fryberg with the save, he sprinted to the hoop for a lay up after this move. *Andrew Gobin/Tulalip News*

Dontae Jones – 4, Brandon Jones – 8, Bradley Fryberg – 9, Ayrik Miranda – 2, Trevor Fryberg – 3, Robert Miles Jr. – 19, Shawn Sanchey – 19, Keanu Hamilton – 20, Anthony McLean – 2.

Tulalip: 30, 22, 15, 19 Final 86
Shorewood: 10, 14, 14, 17 Final 55

Tri-District Game 2: Tulalip Hawks to play Shorewood Lions

The Tulalip Heritage Hawks will play Shorewood Christian Lions today at 3:00 p.m. at Mount Vernon Christian High School. This is the second tri-district game for district one 1B champions, the Heritage Hawks, who stand 23-1 for the season, undefeated in the post season, and are second seed for the 1B class ranking.

Catch live updates on Tulalip News Facebook page.

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

Zero waste policy

By Monica Brown, Tulalip News

Most items can be recycled today and Tulalip’s Solid Waste and Recycling Departments are in the early stages of a long term goal aimed at a zero waste policy. Within the Tulalip Tribes there are 41 buildings, outside of the administration building, that recycle.

Samuel Davis, the coordinator of Tulalip’s Solid Waste and Recycling Department explains that, “It is important to change the mindset of people and the role they can play when it comes to recycling. I really want us all to be stewards of our environment and to look out for the future of our land and our children.”

Currently, the waste disposal budget for Tulalip is $250,000.00 per year and includes all Tulalip Tribal Government entities, along with tribal members that dump at Shelco. “That number is too high so we are trying to find ways, through recycling and other avenues, to lower the amount of waste we send to our land-fills,” Davis states.

While there are multiple locations throughout the admin building to toss recyclables, Davis said they were noticing the bins were not being used as much as they should have been and that a majority of the garbage being hauled out was filled with recyclable items. So, they decided to put a recycling bin at every desk to make it that much simpler for everyone to recycle.

“One of our next steps is to start an educational program on what can be recycled and just how important it is to recycle,” said Davis. Since most items can be recycled, the other issue is the item should be clean when it is tossed into the recycling. The cleaner the container, the more it is worth in the recyclables market. Most recycling facilities sort items by type (paper, plastic, glass, metal) and then by quality. When an item is of poor quality the facility must do more work to get the item in usable shape.

Providing a clean or near clean recyclable item can save money for the city and taxpayers. But, how clean is clean? The container does not need to be squeaky clean, just without food is acceptable. An example would be a finished yogurt cup; the yogurt has been all scooped out and can be tossed in the bin but if you were to lightly rinse out the container that will make it better quality.

The white paper cups provided at the admin building and at nearly every coffee stand are not recyclable. This information had me personally reconsidering what I use to eat my morning oatmeal. The cups have an inner plastic coating that keeps the paper from absorbing liquids but makes the cup very difficult to recycle. Although the white cups are not recyclable the Styrofoam provided at the admin is. Davis explains, “Styrene foam (Styrofoam) is ground up, compressed and densified into blocks, which are then manufactured into plastic products such as picture frames, TV & computer cases, office equipment and other plastic products. There are only a few companies in the area that do recycle Styrofoam and we are in the process of working with them to get bins for that purpose.”

At the admin, if everyone brought in their own reusable containers, coffee cups and water bottles this would reduce the amount of waste hauled out, which is not only good for the Tribe’s budget but also the environment. Check the Waste Management website at www.wmnorthwest.com for more detailed information about recycling do’s and don’ts.

While most items can be recycled here is a list of items that can’t be recycled: soiled paper, soiled cardboard, wrapping paper, laminated paper, paper covered in foil, frozen-food boxes, blueprints, thermal fax paper, pet food bags and dryer sheets.