California Supreme Court Upholds Moratorium on Suction Dredge Mining…

For Immediate Release, August 22, 2016

Contact:        

Craig Tucker, Karuk Tribe, (916) 207-8294

Jonathan Evans, Center for Biological Diversity, (213) 598-1466

Bob Wright, Friends of the River, (916) 442-3155 x 207

California Supreme Court Upholds Moratorium on Suction Dredge Mining for Gold

SAN FRANCISCO, Calif.— The California Supreme Court today upheld a statewide moratorium on recreational suction dredge mining for gold and said regulations protecting water supplies, fisheries, wildlife and cultural resources from the practice are valid. Suction dredge miners had asked the court to prevent the California Department of Fish and Wildlife from enforcing the current moratorium on the destructive practice. The moratorium, in place since 2009, is designed to prevent mercury pollution and damage to wildlife, waterways and cultural resources caused by suction dredge mining until protective rules are adopted.

 

“Suction dredging is a continuation of the genocidal legacy of goldminers that started over 150 years ago,” said Leaf Hillman, the Karuk tribe’s director of natural resources. “We will continue the fight to protect our cultural and natural resources from this reckless form of river mining.”

Suction dredge mining uses machines to vacuum up gravel and sand from streams and river bottoms in search of gold. It threatens important cultural resources and sensitive wildlife species, and the California Native American Heritage Commission has condemned its impacts on priceless tribal and archeological resources. It pollutes waterways with mercury and sediment and destroys sensitive habitat for important and imperiled wildlife, including salmon and steelhead trout, California red-legged frogs and sensitive migratory songbirds.

“Suction dredging is a reckless form of hobby mining that tears up rivers and threatens our waterways, imperiled salmon and other wildlife,” said Jonathan Evans, environmental health legal director at the Center for Biological Diversity. “In this time of drought and climate change, we can’t afford to have California’s waterways trashed by a small but vocal group of gold miners.”

The suction dredge mining decision results from the case of The People of the State of California v. Brandon Lance Rinehart, in which a suction dredge miner was convicted of mining without a permit in 2012 in the Plumas National Forest, north of Lake Tahoe. California law prohibits in-stream suction dredge mining until the state develops regulations that will pay for the program and protect water quality, wildlife and cultural resources, and until Clean Water Act permits are issued for the polluting hobby. California agencies have not yet developed those regulations or permits.

The harm done by suction dredging is well documented by scientists and government agencies. It harms state water supplies by re-suspending toxic mercury, sediment and heavy metals. The Environmental Protection Agency and State Water Resources Control Board urged a complete ban on suction dredge mining because of its significant impacts on water quality and wildlife from mercury pollution.

“The unanimous decision handed down by the California Supreme Court this morning correctly holds that state regulations protecting our riverbeds from being vacuumed up by suction dredge gold mining has not been preempted by federal law,” said Friends of the River Senior Counsel Bob Wright. “This is a victory for sanity and common sense as well as the effort to protect our crashing fish populations.”

A coalition of tribal, conservation and fisheries groups have been seeking to uphold California’s laws regulating suction dredge mining. This coalition includes the Center for Biological Diversity, the Karuk tribe, Pacific Coast Federation of Fishermen’s Associations, Institute for Fisheries Resources, Friends of the River, The Sierra Fund, California Sportfishing Protection Alliance, Foothills Anglers Association, North Fork American River Alliance, Upper American River Foundation, Central Sierra Environmental Resource Center, Environmental Law Foundation and Klamath Riverkeeper. Members of the coalition are represented by Lynne Saxton of Saxton & Associates, a water-quality and toxics-enforcement law firm.

# # #

Ruling can be found here: http://www.courts.ca.gov/opinions/documents/S222620.PDF

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.1 million members and online activists dedicated to the protection of endangered species and wild places.

www.biologicaldiversity.org

 

The Karuk Tribe is the third-largest federally recognized Indian Tribe in California. The Karuk have been in conflict with gold miners since 1850. Karuk territory is along the middle Klamath and Salmon Rivers.

www.karuk.us

New Study: Scientific foundations of fish-consumption advice for pregnant…

CIEA is excited that this paper was published and available for a wider conversation on the benefits and risks of fish consumption during pregnancy. It reviews four benefit-risk models and compares them with each other and with the epidemiological evidence; it concludes that the FDA and WHO/FAO models underestimate mercury impacts, probably by a wide margin.

To purchase a copy of this important article, please look HERE

Please Join Us at the NCRP 10yr Anniversary Celebration

 

 

 

 

 

March 22, 2016

Respectful Greetings,

The North Coast Resource Partnership Tribal Representatives invite you to join us to celebrate ten years of successful collaboration of the North Coast Integrated Regional Water Management Plan!

We have worked closely since 2009 to include Tribe’s in North Coast Water Management decisions and have engaged Tribes throughout the North Coast on water and environmental issues that directly affect Tribal lands and Peoples.  As a result, 15% of NCRP funds received from the state of California Department of Water Resources IRWM Program, directly benefited North Coast Tribes.   We thank you for all of your efforts in this partnership.

There are 34 Tribes in the North Coast represented by six Tribally elected Representatives and their alternates.  North Coast Representatives are dedicated to increasing Tribal participation in regional watershed management and to increase the number of Tribal projects funded through the NCRP.

Please join us in Yreka this April to celebrate our accomplishments, identify new partners and to develop strategies for the next ten years that build upon the last decade’s success.

A reception will be held on April 21, 2016 at historic Yreka Elks Lodge, 332 W Miner St. with the quarterly meeting to follow April 22nd at the same location.  Please see reception and meeting information attached.

We look forward to seeing you!

To RSVP [Control+Click] or for more information, please contact Lauren Hughes at 510 848-2043, or by email at lauren@cieaweb.org.

Warm Regards,

NCRP PRP Representatives & Alternates

North District

Leaf Hillman
Natural Resources Program Director
Karuk Tribe
PO Box 282
Orleans, CA 95556 leafhillman@karuk.us

Vernon Ward
Tribal Councilmember
Pit River Tribe
36970 Park Ave Burney, CA 96013 pro07@frontiernet.net

Central District

Edwin Smith
Environmental Director
Bear River Band of Rohnerville Rancheria
266 Keisner Rd. Loleta, CA 95551 edwinsmith@brb-nsn.gov

Delanie Farnham
Environmental & Natural Resources Water
Quality & GIS Specialist
Bear River Band of Rohnerville Rancheria
266 Keisner Road
Loleta, CA 95551 delaniefarnham@brb-nsn.gov

South District

Brandi Brown
Tribal Councilmember
Redwood Valley Rancheria of Pomo Indians of California
3250 Road I, Redwood Valley, CA 95470
spores@att.net

Martina Morgan
Tribal Councilmember
Kashia Band of Pomo Indians of the
Stewarts Point Rancheria
1420 Guerneville Road, Suite 1
Santa Rosa, CA   95403 martinamorg77@yahoo.com

TPRC Tribal Representative & Alternates

North District

Toz Soto
Senior Fisheries Biologist
Karuk Tribe
64236 Second Avenue Happy Camp, CA 96039 tsoto@karuk.us

Marissa Fierro
Environmental Director
Pit River Tribe Environmental Office
36970 Park Avenue Burney CA, 96013 marissa.fierro@pitrivertribe.org

Central District

Javier Silva
Environmental Director
Sherwood Valley Tribal Environmental Program
190 Sherwood Hill Drive Willits, CA 95490 svtepdirector@gmail.com

South District

Nathan Rich
Water Quality Specialist
Kashia Band of Pomo Indians
Stewarts Point Rancheria
1420 Guerneville Road, Suite 1
Santa Rosa CA 95403 nathan@stewartspoint.org

Emily Luscombe
Environmental Director
Environmental Protection Department
Coyote Valley Band of Pomo Indians
7601 North State St Redwood Valley, Ca. 95470 epddir@coyotevalley-nsn.gov

North District Tribal Engagement    

Earl Crosby
Watershed Restoration Coordinator
Dept. of Natural Resources
Karuk Tribe
P.O. Box 282
Orleans, CA 95556 ecrosby@karuk.us

Tribal Engagement Coordinator

Sherri Norris
Executive Director
California Indian Environmental Alliance
526 Grand Ave. Oakland, CA 94610 sherri@cieaweb.org

 

Open Letter: SWRCB – Beneficial Uses of Water

Dear State Water Resource Control Board,

Beneficial Uses form the cornerstone of water quality protection under regional Basin Plans. Uniquely, the State of California recognizes both property-based water rights and water rights not tied to land ownership. While over 100 federally-recognized Indian tribes are located in California – by far, more than any other state, the complexity of the California water protection challenge is clear and apparent. While current water needs regularly include agricultural production need and community water needs, Tribal water needs are marginalized; yet they must be included in definition of “Beneficial Use” in order to ensure that the Tribes participate in and contribute to the State Water Plan. Tribes, such as the Pomo of the Clear Lake Basin, use the water and its resources as a daily part of life. Tribal cultural use of natural resources is not “recreational use” but rather should be defined as “intrinsic use and intrinsic need.” The State of California must recognize that Indigenous People of California have a say in what Beneficial Use is.

We use the water because we live with the water. We continue to gather our traditional foods from the water; we say our daily prayers at the shorelines edge. We gather natural materials for use in our cultural expression and we care for our water year after year. Incorporating Tribal Beneficial Use definitions into the State Water Plan will not only aid in the protection of our traditional lifeways but also set a high standard for how we as Californians protect our resources. The Indigenous People of California respectfully ask for incorporation and inclusion in the definition of “Beneficial Uses”.

Traditionally, we believe water has an inseparable physical and spiritual relationship with all elements of nature and that traditional knowledge teaches that all facets are alive and interconnected. By adopting Tribal Beneficial Uses this will ensure those traditional uses are protected for generations to come.

Thank You,
Irenia Quitiquit, Eastern Pomo, Environmental Director for Scotts Valley Band of Pomo Indians and
Meyo Marrufo, Eastern Pomo, Environmental Director for Guidiville Rancheria

Say NO to GMO Salmon

 

California Indian Environmental Alliance is vehemently opposed to the sale of Genetically Engineered Salmon in California stores and restaurants. The Food and Drug Administration on Thursday November 19, 2015 approved genetically modified salmon (GMO), the first such altered animal allowed for human consumption in the United States.

This is a dangerous precedent and is likely to cause irreparable effects on already threatened wild salmon populations.  Wild Caught salmon are naturally low in environmental toxins and highest in beneficial Omega-3 fatty acids.   Wild Non-GMO salmon do not bioaccumulate toxins (in fish tissue) like mercury and are our best bet in providing immense nutritional value, while avoiding toxins.

GMO salmon, like other farmed salmon are able to infect the wild populations with GMO genes, infectious diseases and cause irreversible damage to their natural habitat.  While it might be “safe” to eat these fish, it would  irresponsible to allow them to be produced.  The answer is instead the protection of wild salmon habitat, cleanup of toxins, and efforts that will result in an increase of wild-caught salmon.

New York Times Article

Reuters Article

FDA Press Release

Winter Salmon run nearly extinguished in California drought

For the second straight year, huge numbers of juvenile winter-run Chinook salmon appear to have baked to death in the Sacramento River because of California’s drought-stretched water supplies, bringing the endangered species a step closer to extinction. Read more here.

700 Acres of Sonoma County to Be Returned to…

In a groundbreaking land sale, 700 acres of coastal lands will return soon to Kashia Band of Pomo Indians’ control for the first time in 200 years. Sonoma County leaders voted last week to pledge more than $2 million to a coalition of groups which have raised $6 million to purchase the one mile strip of coastal land from a private family, ensuring its future as open space.  Video and More info here

 

Indigenous Peoples’ Thanksgiving Sunrise Gathering

Please join us for the annual Indigenous Peoples’ Thanksgiving Sunrise Gathering on Alcatraz Island. Last year we had over 5,400 people on the rock for this event so please get your tickets early if you plan to join us this year! November 26, 2015. Begins at 4:00am. Email: mstargali@gmail.com for more information.

California Bans use of Redskins team name

California became the first state to ban public schools from using “Redskins” as a team name, nickname or mascot on Sunday (10/11/15) in a move applauded by Native American activists.
Signed into law by Gov. Jerry Brown (D), the California Racial Mascots Act, authored by Assemblyman Luis Alejo (D), outlaws schools’ use of the slur effective Jan. 1, 2017.
Oneida Indian Nation Representative Ray Halbritter and National Congress of American Indians Executive Director Jackie Pata, who lead the advocacy group Change the Mascot, praised Alejo and Brown in a joint statement.
“They have set a shining example for other states across the country, and for the next generation, by demonstrating a commitment to the American ideals of inclusion and mutual respect,” they wrote.
“The most populous state in the country has now taken a stand against the use of this insidious slur in its schools, and Change the Mascot expects more states to follow.”
Only four schools are currently using Native team names: Gustine High School in Merced County, Calaveras High School in Calaveras County, Chowchilla Union High School in Madera County and Tulare Union High School in Tulare County.
“I am very disappointed regarding the passage of this Bill and I am looking forward to the funding our district will receive to implement the passage of this Act,” Gustine superintendent Bill Morones wrote to The Huffington Post.
A press release Tulare superintendent Sarah Koligian sent HuffPost also expressed discontent.
“On behalf of the Tulare Joint Union High School District we are disappointed to hear that Governor Brown signed AB 30,” it read. “We will adhere to the law as it is written.”
The other district superintendents did not immediately respond to HuffPost’s request for comment.
Nationwide, high schools are the most frequent appropriators of Native American names and slurs as team names, a FiveThirtyEight study found last year. Of the 2,128 high school, college, semi-pro and amateur teams using such names, 92 percent are in high schools.
Halbritter and Pata are using the passage of California’s bill to amp up pressure on the Washington, D.C., NFL team to ditch its “Redskins” name.
“Their historic step to build a better future stands in stark contrast to the dogged inaction of Washington’s NFL team, which in the face of all the evidence that this term degrades and offends Native Americans, continues to defend and promote the slur for its own financial gain,” they wrote. “This landmark legislation eliminating the R-word in California schools clearly demonstrates that this issue is not going away, and that opposition to the Washington team on this issue is only intensifying. The NFL should act immediately to press the team to change the name.”

*New* Timeline for Adopting Basin Boundary Emergency Regulations

By January 1, 2016, DWR is required to adopt emergency regulations that specify the information required to comply with Water Code 10722.2, which outlines the process that local agencies shall follow when requesting modifications to existing boundaries of groundwater basins and subbasins. The basin boundary regulations will also identify the methodology and criteria that will be applied by DWR when reviewing and approving the modification requests. In general, local agencies will be required to address all of the following:

How to assess the likelihood that the proposed basin can be sustainably managed.
How to assess whether the proposed basin would limit the sustainable management of adjacent basins.
How to assess whether there is a history of sustainable management of groundwater levels in the proposed basin.

Please see here for important dates: http://water.ca.gov/groundwater/sgm/basin_boundaries.cfm