Madison, and Green Bay. Green Bay is famously known for their precious Green Bay

Cynthia Miller ES 600 Conaway/Aragon Section 006 Case Study Rough Draft 3/3/2014 Environmental Protection by the Oneida Nation for Threatened and Endangered Species Introduction When travelling through Wisconsin, you stumble upon great places like Milwaukee, Madison, and Green Bay. Green Bay is famously known for their precious Green Bay Packers. But what is more precious than that are the threatened and endangered species living on the Oneida Indian Reservation located in Green Bay, Wisconsin. The Oneida Indians are one of eleven tribes in Wisconsin. In this study, I will show how the enactments of concrete laws and policies have saved the threatened and endangered species that inhabit the land of the Oneida Indians. Background The Oneida Indians were first established in the state of New York. After 30 years in New York, the Oneida branched out to Wisconsin in 1885. They wanted to expand the Iroquois tribe to other parts of the nation. On August 18, 1885 and September 23, 1886, the Oneida and other emigrant New York tribes acquired an interest in some 7,480,000 acres of Wisconsin land from the Menominee and the Winnebago (Oneida Nation). The Oneida tribe relies heavily on the Fox River as a source of water and sustainable living for them. Along that river lies many endangered and threatened species such as the American Marten and the Little Brown Bat. Laws like the Endangered Species Act (ESA) have been put in place to protect species locally, statewide, and federally. The Endangered Species Act has saved so many different plants and animals that its improvement in protection of species is 1

exemplary. The Endangered Species Act became a law in 1973 and more than 1,200 plants and animals were put on a list that keeps track of what is endangered or threatened so people do not make them extinct (Miller 552). This act has been fought continuously. Because of this fight, congress has been prevented from reauthorizing this law since 1992. The American Marten (Martes Americana) is a predator species that belongs to the weasel family. With the arrival of European settlers, trappers, and lumbermen, who cut forests and trapped martens without any regulations, marten populations declined. Also the mature conifer forests that covered northern Wisconsin before the 1800s provided prime habitat for American martens, which lived throughout the northern part of the state. Before the mid 1800s, the American Marten was common in northwestern Minnesota. Due to excessive logging, most of its wooded habitat was lost. The martens need ample space to nest, live, and gather food. Another threat was contamination of the Fox River in the 1860s due to the enormous paper mill companies in the areas. The water becomes environmentally unsafe for the martens to drink. As the paper mils continued to poison the water, the species around it continued to die from hazardous waste and unsafe water. By 1920, American Martens had almost disappeared from Minnesota and began to migrate to western Wisconsin, living along the Fox River (WI DNR). The American Marten has been on the Wisconsin Endangered Species List since 1972 (IUCN). The threat that put them on this list was human impacts from cutting down its habitat of large threats of the conifer forests. Currently, the American Martens are receiving better water supply and habitat space to live comfortably. The Little Brown Bat (Myotis Lucifugus) is a species of the genus Myotis, the most common bat of North America. Little brown bats are commonly present in Northern Wisconsin and are generally located in the southern and western areas of the state (WI 2

DNR). Little brown bats are most often found in forested areas near water. Some subspecies live in dry climates where there is not much water to drink. In these habitats, drinking water comes from moisture on cave walls or dew that settles on the fur. The Little Brown Bat is threatened by white nose syndrome, more commonly known as WNS, a mysterious illness that has killed tens of thousands of bats (IUCN). Although WNS may not be a direct cause of the river, it stems from the climate adjacent to the river that affects the caves in which the bats reside. White nose syndrome is usually seen as a small white ring of fungus around the muzzle of an affected bat, and also on the wings. It was only first noted widely in 2006, and has so far been seen in thousands of bat deaths, and is spreading rapidly; of the caves plagued, mortality rates can be as high as 90% (IUCN). Theses species have been prevalent on the Oneida Reservation of Wisconsin since the early 1900s. The American Martens first arrived in 1920s as stated previously. The Little Brown Bat appeared a little later around 1940s once they migrated from Indiana to a colder, more suitable climate (Oneida Nation). The American Martens cover a slim amount of land throughout the Oneida reservation. They mainly live in the trees and tall grasses so that they may hide from any agriculture or human interaction. Their small size allows them to live in the trees and come down only when needed to nest and hunt. The Little Brown Bat varies throughout Wisconsin and the reservation more than the American Marten because they can migrate much easier to move from cave to cave and find appropriate habitat in Wisconsin. With these species living endangered (American Marten) and threatened (Little Brown Bat) in Wisconsin, we keep laws and policies in place to protect them from predation, land degradation, and water contamination. 3

The Fox River is a 200-mile river that runs from the southern part of Wisconsin near Pardeeville all the way northeast out into Green Bay and Lake Michigan. This river supports several Native American communities with its fisheries, wild rice, forest coverage, and water source. In the lower part of the watershed, there is a big push in the production of paper mills causing tons of pollution to enter the river. The production of paper from forests is a main source of income for many Wisconsin northerners in the area. Without the production companies, many citizens would not sustain their adequate living standards and livelihoods. The contamination began in the early 1900s and continued all the way up until the 1972 Clean Water Act (Miller 568). From those decades of destruction, there are still contaminants in the water present today and is now an EPA cleanup project. Although it provides for the communities, it continues to affect the wildlife, the threatened and endangered species, and the tribal community as well. This water resource, as necessary as it is, is very dangerous to all of those that come in contact with it, especially in Green Bay because it is the final body of water the lake runs in to. Policies Affecting the Case In the article Oneida Tribe of Indians of Wisconsin: Food Sovereignty, Safe Water, and Tribal Law, the topic of finding safe water for the species is prevalent. There is a strong line in the text that talks about an agreement the Europeans and Native Americans of Oneida had about land and water for species before endangerment, as long as the grass is green, as long as the water flows downhill, and as long as the sun rises in the east and sets in the west (Vesely 11. Rachel Vesely wanted us to believe that although that was the case in the 1800s and early 1900s, the times have changed and the Oneida Nation thoroughly believes that water rights differ from water responsibilities. Water has become a valued natural resource. 4

Many humans and animals maintain life on the rivers of the land. In the late 1800s, the water was not their main priority but now that our lives depend on it we should protect what is a determinant of our life. The Oneida now want no one in the waters due to the endangerment of the species living off the water. In that article, the Europeans did not want to protect the species when they had originally settled the land, but eventually they realized from the Indians that there was a need to protect the species, the land, and the water. Federal and state regulations have been enacted in order to protect not only these two species but also the remaining 166 species living in Wisconsin. Although, these two are not on the federal endangered and threatened species list they do fall under the federal law of the ESA of 1973. As mentioned before, the ESA provides for the conservation of species that are endangered or threatened throughout all or a significant portion of their range, and the conservation of the ecosystems on which they depend (Wilkinson 1066). This act has precedence over all state laws and regulations. On the Oneida reservation, however, they have the Oneida Wisconsin Code 45.8 which houses all protected and unprotected species. Under that code falls the two of the most important laws that protect our threatened and endangered species: the Oneida WI Code 45.14 and the Oneida WI Code 45.17 (Native American Rights Fund). Those two encompass all species protected under the Wisconsin Department of Natural Resources (DNR) threatened and endangered species list: protection of fish and wild animals. Code 45.14 states No person shall take or injure any fish in any waters, upon its nest, or remove any eggs, except as may occur in normal recreational or fisheries research practices, or as may be authorized by the Board and the Department and Code 45.17 states The Board may impose a fine for the unlawful harvesting of wildlife, the Board may, in addition to the fine, impose a 5

wild animal protection assessment (Native American Rights Fund). These two codes protect all species in the forests and in the waters of the Fox River on the Oneida Reservation. When Oneida enforces or enacts a new WI Code of species protection, they must first consult the Wisconsin DNR. The DNR must also abide by the Federal Endangered Species Act when determining which species can and cannot be considered for the list in Wisconsin. They have also enacted permits for just the Oneida tribe to fish and hunt in a certain area of the Fox River that runs through their reservation. The permits are what set non-tribal members on edge about having their species protected on the reservation. In Charles Wilkinson s article, The Role of Bilateralism in Fulfilling the Federal-Tribal Relationship: The Tribal Rights- Endangered Species Secretarial Order he states, Many people at the workshop expressed outrage at any attempt to regulation Indians under the ESA because it implies that tribes lack the capability to manage their resources in a way that protects animal species (Wilkinson 1071). Although that quote from the article was completely untrue, it led many people to believe that the Indians were incapable of controlling their lives enough to protect the wildlife that surrounds them. It was a general assumption that because Indians did not have all the resources like the Federal Government, then they would not succeed in protecting the species. The Oneida Nation was more than ready to work together with the DNR to preserve and conserve all of the threatened and endangered species. Analysis Since enforcing these laws, there has been a full effort of the Oneida Tribe to protect the American Marten, the Little Brown Bat, and the other 29 endangered and threatened species of the reservation (WI DNR). Since the Oneida Nation has been readily working with the state, this has allowed the martens and the bats to reproduce and potentially create a 6

larger population in the range of each species. If Oneida and the state allowed non-tribal members to hunt and fish on their land, then there would be no cause for protection of the animals (Ricciardelli 315). Also, if there were any commercialized buildings or agriculture to happen in the area they would impact the habitats of the species living in those areas, especially the American Marten. Another reason it would be dangerous for non-tribal members to access the waters and land of the Oneida Nation would be because the bats would either never come out from the rocks and caves or that they would migrate to another disastrous area not meeting their needs for habitat and begin to die (Wilkinson 1065). The Oneida Nation of Wisconsin has had many positives perspectives on the conservation and preservation of their land for endangered and threatened species. One member, Thomas Doxtator, a native of Oneida Nation of Wisconsin, has claimed, I personally believe that what Oneida has done for the protection of species is fantastic. We grow up learning to live with the animals and plants that surround us and become accustomed to life with them. If we as a tribal nation allow them to become destroyed then what we consider our life starts to get destroyed as well (Phone Interview). After speaking with Mister Doxtator for thirty minutes, Oneida Nation really spoke to me for its efforts in conserving their reservation. He believed in the land as a part of him, and a part of everything he had known his entire life. It showed that the species of this land mean everything to most tribal members of Oneida and they will always put the land first before themselves since they fought so hard to obtain it. The Oneida Nation s work with the DNR has been noteworthy. In Vesely s article she displays the work that they do together to protect the species, In order to combat their burgeoning water pollution problem, the Oneida Tribe has enacted numerous ordinances to 7

protect and maintain their waters. In addition, the Wisconsin Department of Natural Resources and the Oneida Tribal government includes an environmental department that continually monitors and tests the waters of Duck Creek, along with the other streams and wetlands (Vesely 8). The DNR and the Oneida Indians together have shown how much work and progress can be made when working as one toward the main goal of preserving necessary species. Lessons Learned The Department of Natural Resources has completely put forward its best foot in order to protect all species living in reservation lands. In the early 1900s, these species were being killed or dying from being unprotected. As soon as the DNR imposed the correct laws and policies, there have been fewer deaths of endangered and threatened species. The DNR also renews and reviews the Endangered Species List of Wisconsin thoroughly to add all new species that require protection. In an article posted by the DNR, Jim Woodford excitedly explains, It always feels like a huge accomplishment when we can exclude a species from the list as they have become populated and unharmed in a protected area (DNR.WI.Gov). Together the tribe and the DNR have done an incredible and outstanding job protecting the species that deserves to be on the threatened and endangered species list. Seeing the improvement and justice enacted for the American Marten and the Little Brown Bat shows how far the Oneida Nation has come with preserving threatened and endangered species. The Department of Natural Resources has not only helped the Oneida Nation but all the 10 other tribes of Wisconsin. The Oneida Tribe coordinates with the Wisconsin Department of Natural Resources (DNR) to preserve the Oneida Reservation and its natural resources. By mentioning federal laws in their tribal codes, the Oneida people are 8

utilizing their maximum authority (Vesely 19-20). Together they have made advancements in detecting where the species live, how they can change their habitats, how they can change the land and water management to become more suitable for the species, and how to overall change the life expectancy for the species. It just shows how much power the government truly has when they use their official governing for the right reasons. Protecting species should always be a priority when trying to preserve our nation as a whole. When we preserve the species they also give back to the community and the Oneida Nation themselves. Both species contribute in an ecosystem service to the reservation. The ecosystem service the American Marten presents to the tribal community and members is the killing of small rodents. The rodents eat the harvest and try to live in the homes of the Oneida. The Martens are in return saving and preserving the food for the Oneida as the Oneida are preserving the Martens lives. The Little Brown Bat does not give as much back to the community except for the fact that they do take away the insects infecting their fruits and vegetables. It is still enough to allow them to sell their crops to the Green Bay area without having to use pesticides and other repellents to kill insects. Part of restoring cultural and food sovereignty requires a revitalization of traditional values that work in concert with tribal statutory law. The Oneida Tribe's laws are an example of a tribal statutory scheme that has resulted in improved water quality and improved quality of life (Vesely 39). Vesely states a perfect example of ecological restoration by saying giving back to those who help you will overall change the outcome of life as bigger picture in the community of the ecosystem (Vesely 40). Conclusion 9

Reasons like the ones provided above are clear indicators as to why the DNR and the Oneida Nation need to keep protecting and preserving the species that inhabit and rely on their land and the river to survive. For the tribe to continue to live sustainably, they need to continue to provide sustainability for the others around them including the Green Bay community, the species, the land, and the water to which everyone lives off. When we accept change and live sustainably we can change the water source, the land habitat, and the atmosphere as a whole. Overall, the impacts of protecting the species on the threatened and endangered species list are greater for the whole picture. The opinions and voices of the tribes and the DNR are always going to determine how they continue to defend the importance of certain species on the threatened and endangered species list. Without the ESA, the Oneida Wisconsin Code 45.8, the permits, and the Threatened and Endangered Species List of Wisconsin, we would not have the continued success of allowing species to freely live in the Oneida Nation and other Indian nations without being afraid of becoming extinct. To preserve the species is to preserve life. The overall impact and benefit of keeping these species will eventually sustain Oneida Nation life even longer. Bibliography (MLA) 1. "American Marten Research Shows Rare Mammal Benefits from Heavy Snowfall." Dnr.wi.gov. Wisconsin Department of Natural Resources. http://dnr.wi.gov/news/weekly/weeklynews_print.asp?id=675 2. Miller, Robert. "Speaking with Forked Tongues: Indian Treaties, Salmon, and the Endangered Species Act. Oregon Law Review, 70.3 (1991): 543-584. 3. Native American Rights Fund. Oneida WI Code Laws and Regulations. http://www.narf.org/nill/codes/oneidacode_wi/chapt_45.pdf 4. Native Sovereign Nation. Oneida. Oneida Nation. https://oneida-nsn.gov/ 10

5. "Oneida Tribe of Indians of Wisconsin." Oneida. Oneida Nation. https://oneida-nsn.gov/ 6. "The IUCN Red List of Threatened Species." The IUCN Red List of Threatened Species. IUCN. http://www.iucnredlist.org/ 7. Ricciardelli, Alex. The Adoption of White Agriculture by the Oneida Indians. Duke University Press 10. 4 (1963): 309-328. 8. Vesely, Rachel. Oneida Tribe of Indians of Wisconsin: Food Sovereignty, Safe Water, and Tribal Law. William Mitchel College of Law, St. Paul: 2014. 9. Wilkinson, Charles. "Role of Bilateralism in Fulfilling the Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order. Washington Law Review 72 (1997): 1063-1072. 11