Tribes Want EPA Involved In Washington Clean Water Rulemaking

By Associated Press

EVERETT, Wash. — An alliance of Washington tribes says it will ask the U.S. Environmental Protection Agency to step in and come up with new water-quality rules for the state.

The Northwest Indian Fisheries Commission sent Gov. Jay Inslee a letter on Thursday expressing “dissatisfaction” with his proposal for updating the state’s clean water rules that are partly tied to how much fish people eat.

The Herald reports that the tribes say the proposal won’t do enough to protect tribal members. They’re also concerned about another delay.

Inslee’s plan would increase the fish consumption rate to 175 grams a day, but the tribes say that improvement is offset by other less protective changes.

An Inslee spokesman said Saturday that the governor’s office and the Department of Ecology hope to discuss Inslee’s proposal with the group.

Legalized Pot Is a Mess of Trouble for Tribes

 

lamar-walterBy: Walter Lamar, Indian Country Today

 

While a patchwork of state laws have given marijuana quasi-legal status in 24 states, status on many tribal lands remains prohibited, or at best uncertain. Many tribes are content to adhere to federal prohibitions, but in PL 83-280 states (notably Washington, with legal recreational use), some are considering or even embracing the economic development potential of growing and distributing marijuana.

In general, medical marijuana laws have not been recognized on tribal lands, with some tribal members even facing exile for using state-licensed cannabis on their reservations. Many non-tribal members have also been cited for possession on the reservation, and although some legal experts hold that jurisdiction is unclear, the Salt River Maricopa-Pima Indian Community has successfully defended impounding cars of card-holding medical marijuana patients. Other tribes have requested their state’s licensing authority not to permit dispensaries near reservation boundaries.

Tribes in most states—including Colorado, where recreational use is also legal—follow federal law on marijuana use, possession, production and distribution. While some at the Ute Mountain Ute reservation have recommended initiating community discussion on the topic, the Southern Ute have come out very strongly against adhering to Colorado’s recreational marijuana laws.

The fact of the matter is that tribes have experienced more harm than good by illegal growing, cartel activity, and children being endangered by adult use or being recruited into gangs. Other tribal leaders cite problems with allowing marijuana in Indian Country such as losing subsidies for low income housing and BIA funding; IHS and tribal health services capacity strained by already high rates of drug and alcohol abuse; adding a burden to tribal law enforcement departments, courts and other agencies; and loss of employment due to failing drug tests. This last could spell big problems for recruiting and retaining a number of public trust positions, such as firefighters and police officers.

Those who support tribes’ participation in legal marijuana programs point to traditional uses for cannabis, economic development potential, reduced rates of prescription drug overdoses, and lifting the burden of patrol, monitoring, detention and probation from tribal public safety agencies. What advocates don’t want to discuss is the increase in specific risks involving children, particularly increased hospitalizations due to edibles, diversion from family members, and children perceiving marijuana use as “safe.”

Troy Eid, chair of the federally commissioned Indian Law and Order Commission acknowledges the dangers—especially for already at-risk Native youth—but argues that tribes should have the option to opt out of the federal system in order to resolve the jurisdictional “chaos that exists today.” He points out that some of the confusion came from both the Colorado and Washington laws being passed by voter initiatives, and so were without tribal consultation. In an interview with Time Magazine, he also made the argument for pursuing economic development: “The tribes are going to be left behind, because there’s been no change in state law that applies to them … These are some of the poorest areas in the country. They could be involved in this business as well, but instead they’re being prohibited from being part of what’s happening.”

Washington tribes may end up establishing precedent for a thoughtful approach to establishing marijuana laws that suit the needs of the community. Yakama has not only come out strongly against allowing recreational or medical use, but has extended its ban to all the tribe’s ceded territory, and the Washington State Liquor Control Board is automatically denying grow or distribution applications within the disputed area. Likewise, most of the tribes on Washington’s Olympic Peninsula are upholding federal law, in part because of strong community commitment to drug abuse prevention, and in part because of prohibitions on adjacent National Park Service and Forest Service lands.

On the other hand, the Pullayup have aligned their tribal criminal code with the Washington State code to permit recreational marijuana use, and several retail outlets have opened in and nearby tribal lands. The Suquamish have approached the state about permitting sales by the tribe and tribal business, but the state is seeking federal guidance before considering the application. The S’Klallam initially came out strongly against it, but are now taking a “wait and see” approach.

The Department of Justice is busy trying to sort these problems out as well. In a 2013 memo to all U.S. Attorneys, Deputy Attorney General James Cole points out several concerns that translate into public safety priorities, which should concern local police as much as federal law enforcement. These priorities include preventing distribution to minors; revenue from going to cartels and gangs; other drug trafficking under the guise of “legal” distribution; environmental degradation by illegal grow operations; possession where prohibited; violence and the use of firearms in cultivation or distribution; and drugged driving.

From initial statistics in Colorado, the state laws have been completely ineffective at preventing distribution to minors or preventing possession where prohibited, including neighboring states, public lands, and tribal areas as far away as South Dakota. Tribes are wise not to let the dollar signs blind them to the potential public safety, health and other issues that allowing marijuana use might bring, until all the Attorney General’s concerns are appropriately addressed. Finally, no matter what decisions the federal government ultimately makes regarding marijuana regulation, all governments should be respectful of individual tribes who wish to prohibit the drug on their lands. As Harry Smiskin, Yakama Nation Chairman said, ” I cannot tell you what to do on state lands in Seattle or elsewhere — I can tell you how it is going to be on Yakama Lands. The use of marijuana is not a part of our culture or religions or daily way of life. Nor is it one of our traditional medicines. Please respect our lands and our position.”

Walter Lamar, Blackfeet/Wichita, is a former FBI special agent, deputy director of BIA law enforcement and is currently president of Lamar Associates. Lamar Associates’ Indian Country Training Division offers culturally appropriate training for Indian country law enforcement and service professionals with both on-site and online courses.

 

Read more at http://indiancountrytodaymedianetwork.com/2014/09/01/legalized-pot-mess-trouble-tribes

Warm waters send millions of salmon to Canada, not Wash.

Unusually warm water off the Washington coast is sending the vast majority of the sockeye-salmon run to Canadian waters, leaving Puget Sound fishermen with nearly empty nets.

 

By: Associated Press

 

BELLINGHAM — Unusually warm water off the Washington coast is sending the vast majority of the sockeye-salmon run to Canadian waters, leaving Puget Sound fishermen with nearly empty nets.

According to data from the Pacific Salmon Commission, nearly 2.9 million sockeye have been caught in Canadian waters, while only about 98,000 have been netted in Washington through Aug. 19.

That means 99 percent of sockeye have gone through the Johnstone Strait around the northern part of Vancouver Island into Canadian waters.

During a typical sockeye-salmon run, about 50 percent of the run goes around the south end of Vancouver Island through the Strait of Juan de Fuca, putting them in U.S. waters, The Bellingham Herald reported.

This year’s diversion rate is unusual. If it stays around this level, it would be the highest diversion rate on record, dating from 1953, said Mike Lapointe, chief biologist for the Pacific Salmon Commission.

The sockeye run is expected to continue for several more weeks, so U.S. fishermen like Pete Granger hope to salvage what they can. Granger is a reefnet fisherman who is operating his boat near Lummi Island. He has been catching fish for the Lummi Island Wild Co-op for the past eight years.

“It could be one of the worst seasons we’ve had in a long time,” Granger said. The fishing numbers in U.S. waters started to improve at the end of last week, with several weeks left in the season.

Several factors could be behind why sockeye decided to head for the Johnstone Strait this summer, but researchers are looking closely at an area of ocean water off the coast that is about 3 degrees Celsius warmer than normal. Nick Bond, a research scientist for the University of Washington, refers to this area as a “warm blob” that developed last winter as the Pacific Northwest went through a period of unusually quiet weather. Last winter, the area had stretches of cool, windless and foggy days.

The calm weather meant the ocean didn’t do its usual churning of deeper, colder water up to the surface. With this pattern continuing into summer, the warm area has persisted. Sockeye prefer cooler water, which may be why most of the run went north around Vancouver Island.

Bond believes the development of the warm blob is not a direct result of global warming but more of a fluke. Looking back at past data, there has been the occasional season when a cold area has developed off the coast, sending the sockeye south of Vancouver Island into U.S. waters.

This season’s event is giving scientists a chance to learn what impact a warmer ocean would have on this area’s ecosystem, giving them more information to make better predictions.

Given the current weather models, Bond said, the warm blob could be around for a while, possibly well into 2015. There’s also the potential of El Niño developing later this year, bringing warm water to the area. If that’s the case, it could be disruptive for next year’s pink-salmon run as well.

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Nearly $6 Million And Counting For Washington Fall Ballot Measures

Washington’s November election will decide three statewide ballot measures.Credit immortalpoet / Flickr

Washington’s November election will decide three statewide ballot measures.
Credit immortalpoet / Flickr

By: Austin Jenkins, NW News Network

 

Washington’s November election will decide three statewide ballot measures. So far, nearly $6 million has flowed to these campaigns. And it’s still early.

Initiative 594 to expand background checks for gun sales is far out in the lead when it comes to fundraising. So far, nearly $3.4 million raised with recent half-million-dollar contributions each from Paul Allen, Bill Gates and Melinda Gates. Plus, venture capitalist Nick Hanauer just ponied up $1 million.

Number two in the fundraising race is Initiative 1351 to reduce class sizes. It has raised $1.5 million mostly from the Washington Education Association.

In third place is Initiative 591. This is the dueling background check measure funded by pro-gun groups. So far they’ve raised just over $1 million.

By Washington ballot measure standards these are still modest numbers. Last year, the battle over GMO-labeling drew more than $40 million in spending.

ESPN’s Mike Ditka ‘Admires’ Snyder; Calls Redskins Opponents ‘Idiots’

Mike DitkaAssociated Press
Mike Ditka
Associated Press

 

Simon Moya-Smith, Indian Country Today

 

ESPN analyst and former Chicago Bears head coach Mike Ditka isn’t falling in line with the growing number of sportscasters, journalists and sundry public figures who refuse to use the name of the Washington NFL team. Instead, he says people who oppose the team’s name are “asinine.”

“What’s all the stink over the Redskin name?” Ditka said during an interview with Mike Richman of RedskinsHistorian.com. “It’s so much [expletive], it’s incredible. We’re going to let the liberals of the world run this world. It was said out of reverence, out of pride to the American Indian. Even though it was called a Redskin, what are you going to call them, a Proudskin? This is so stupid it’s appalling, and I hope that owner keeps fighting for it and never changes it, because the Redskins are part of an American football history, and it should never be anything but the Washington Redskins. That’s the way it is

“It’s been the name of the team since the beginning of football,” Ditka added. “It has nothing to do with something that happened lately, or something that somebody dreamed up. This was the name, period. Leave it alone. These people are silly — asinine, actually, in my opinion.”

RELATED: 67 Percent of Native Americans Say ‘Redskins’ Is Offensive

Ditka continued to berate all those who oppose the name – a group that includes high-ranking individuals like Hillary Clinton, Keith Olbermann and former Washington player Champ Bailey.

“It’s all the political correct idiots in America, that’s all it is,” Ditka said. “It’s got nothing to do with anything else. We’re going to change something because we can. Hey listen, I went through it in the 60s, too. I mean, come on. Everybody lined up, did this. It’s fine to protest. That’s your right, if you don’t like it, protest. You have a right to do that, but to change the name, that’s ridiculous. Change the Constitution — we’ve got people trying to do that, too, and they’re doing a pretty good job.”

CBS Sportscaster Phil Simms, who will call Thursday Night Football games beginning September 11, said Monday that he is hesitant to use the name of the Washington team and is sensitive to the complaints about the name. “My very first thought is it will be Washington the whole game,” Simms told The Associated Press.

RELATED: 10 ‘I’m so Redskins’ Tweets that Explain Why RedskinsFacts.com Is so Wrong

Simms said he is not taking sides in the contentious debate, but that once he thought about the name his conscience kicked in. “I never really thought about it, and then it came up and it made me think about it,” Simms added. “There are a lot of things that can come up in a broadcast, and I am sensitive to this.”

 

Read more at http://indiancountrytodaymedianetwork.com/2014/08/21/espns-mike-ditka-admires-snyder-calls-redskins-opponents-idiots-156517

Washington Wildfires Displace Deer

Wildfires will leave one of the Washington's largest deer herds without a place to go this winter. | credit: Flickr Creative Commons: Alan Vernon

By Courtney Flatt, OPB

Wildfires have ravaged more than a million acres across the Northwest. In central Washington, the burned landscape will leave one of the state’s largest deer herds without a place to go this winter, when deer like to eat bitterbrush and chokecherry.

Those shrubs will be hard for deer to find this year – with 25,000 acres of habitat scorched by fire, including parts of five wildlife areas.

State wildlife biologist Scott Fitkin said the so-called Carlton Complex Fire will affect feeding habitat for up to 10,000 deer.

“We’ve dealt with winter range burns before, but we’ve never had to do it on this scale,” Fitkin said.

That means many fawns and some adult deer could starve this winter. Wildlife managers are going to issue more antlerless hunting permits, possibly for up to 20 percent of adult does.

Wildlife managers will also temporarily supplement some feeding areas. They hope this will help draw deer away from crops and orchards.

Fitkin said feeding is a short-term solution.

“We really don’t like to feed to try to prop up animal populations for any length of time,” he said. “We’d rather see the landscape recover and have the animals in tune with whatever the existing capacity for the landscape is.”

Concentrating a large number of deer can cause more diseases to pop up. It also makes deer more vulnerable to predation and poachers.

Fitkin said deer could face a lack of winter range for several years, as shrubs slowly grow back.

Wild turkeys and western gray squirrels have also lost a significant amount of habitat.

Oregon wildlife managers say fires there have not caused major habitat problems, although the South Fork Complex Fire is burning parts of the Phillip W. Schneider Wildlife Area in northeast Oregon.

That wildlife area is also a winter range for mule deer. Officials say deer there have more places to go this winter because the fire is not as large as those in Washington.

Washington State Department of Natural Resources bans all outdoor burning

Source: Courier Herald

With dangerously hot and dry weather driving fire danger to a new high, the Washington State Department of Natural Resources (DNR) is expanding the current statewide burn ban to cover all outdoor burning on all DNR-protected lands, with no exceptions, the agency announced today.

“All indicators are that we’ll continue to have high heat, low humidity, and storm systems with winds and lightning. That means huge potential for wildfires,” said Commissioner of Public Lands Peter Goldmark. “We need to do everything we can to minimize danger to people, homes and habitat.”

Hot and dry conditions since early summer have caused very high fire hazard conditions throughout the state. These conditions have caused fires to spread rapidly and challenged firefighting efforts. More than $91 million has been spent so far battling wildfires in 2014, and more than 350,000 acres have burned across the state. There are many weeks to go in this year’s fire season, which usually runs into October.

All outdoor burning on DNR-protected lands is prohibited under this ban, including recreational fires in campgrounds or anywhere on DNR-protected lands. Fireworks and incendiary devices, such as exploding targets, sky lanterns, or tracer ammunition, are illegal on all DNR-protected lands. Charcoal briquettes are also not allowed.

In addition, DNR urges extreme caution around any activity that may cause a fire to start. Under these severe fire-hazard conditions, logging operations, land clearing, road and utility right-of-way maintenance, use of spark-emitting equipment, and other activities that create a high risk of fire ignition should be drastically curtailed.

Those who negligently allow fire to spread or who knowingly place forestlands in danger of destruction or damage are subject to possible civil liabilities and criminal penalties under state law. DNR, as well as anyone harmed by such a fire, may pursue damages that include loss of property and fire suppression costs.

The statewide burn ban will run through September 30, 2014. It applies to all lands under DNR fire protection, which does not include federally owned lands.

Northwest Considers Multi-State Approach To Federal Carbon Rules

 

By: Rob Manning, OPB

 

Power planners in the Northwest are considering a multi-state approach to federal carbon reduction rules.

The region’s clearest path to meeting carbon targets may come from the Northwest continuing its march toward energy efficiency.

Director of power planning at the Northwest Power and Conservation Council, Tom Eckman, says if those efforts continue to be successful – and if coal plants in Oregon and Washington close, as scheduled – carbon targets are attainable, across the region.

But efficiency at a state level could be tough for Montana. Its five coal plants generate lots of power for consumers in other states. Eckman says a multi-state alliance could spread the carbon burden.

“On the one hand, they have great advantages, by reducing the aggregate costs,” Eckman said. “But on the other, the institutional arrangements are not in place to make that happen. That would be a real lift.”

Eckman says such an alliance might need support form private utilities and the public Bonneville Power Administration.

Two Republicans Advancing In Washington Congressional Race

By: Austin Jenkins, NW News Network

 

 This Feb. 4, 2014 file photo shows Rep. Norman "Doc" Hastings, R-Wash., during a news conference at the Capitol in Washington. A crowded field of candidates is vying to replace the retiring Republican and fill the open 4th District Congressional seat in the Washington primary election. Photo: J. Scott Applewhite, AP
This Feb. 4, 2014 file photo shows Rep. Norman “Doc” Hastings, R-Wash., during a news conference at the Capitol in Washington. A crowded field of candidates is vying to replace the retiring Republican and fill the open 4th District Congressional seat in the Washington primary election. Photo: J. Scott Applewhite, AP

 

Washington’s August primary appears to have delivered an historic first. Two Republicans are likely to advance to the November election in central Washington’s 4th Congressional District.

Never before has the state’s top-two primary produced two contenders of the same party for a Congressional seat.

This is the seat to replace retiring Republican “Doc” Hastings. A dozen candidates filed to take his seat. The top-two contenders in early returns are former NFL-player-turned-farmer Clint Didier and former director of the Washington State Department of Agriculture Dan Newhouse. Both are Republicans.

Two Republicans are also likely to face off in the 31st Legislative District southeast of Seattle. That’s where state Representative Cathy Dahlquist is challenging longtime state Senator Pam Roach.

Two Democrats are likely to advance in Seattle’s 37th Legislative District. That’s where longtime State Senator Adam Kline is retiring.

Incumbents were largely faring well in the Washington primary with one notable exception. Tim Sheldon is a Democrat who helped Republicans take the majority in the Washington Senate in 2013. He’s in a tight three-way race.

Every Native Vote Counts, vote in the Snohomish County primary

 

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Every Native vote counts! Don’t forget to vote in the Snohomish County primary by Tuesday August 5th. You have until 8 p.m. to cast your vote. It is an important mid-term election year! If you did not received your ballot please visit: www.sos.wa.gov/elections/myvote/ or call 425-388-344.

The Tulalip Tribes supports the following:

Federal Partisan Office, US Representative Congressional District 2
Rick Larsen

Legislative Partisan Office, 38th District Senator
John McCoy

38th District Representative POS 2
June Robinson

County Executive Partisan Office, County Executive
Mike Sells

County Partisan Office, County Executive
John Lovick

County Partisan Office, Prosecuting Attorney
Mark Roe