Tribal Perspectives on the Native American Fish and Wildlife Resources Act of 2004 Presented by Joseph Oatman Before: Senate Committee On Indian Affairs April 26, 2005 History of the Act Indian Fish and Wildlife Act of 1993 (introduced in Senate (S.1526) October 7, 1993 and House of Representatives (H.R.2874) August 4, 1993) Indian Fish and Wildlife Act of 1994 (S.1526) Native American Fish and Wildlife Resources Management Act of 2004 (S.2301) sponsored by Senator Daniel Inouye April 7, 2004 4/29/04 hearings held 7/21/04 ordered to be reported with an amendment in the nature of a substitute favorably S.2301 Act Outline Title I General Provisions Title II Tribal Fish and Wildlife Programs Title III Alaska Native Fish and Wildlife Programs Title IV Tribal Seafood and Resource Marketing Assistance Program Title V Tribal Buffalo Conservation and Management (to be developed) Title VI Miscellaneous Provisions
Title I General Provisions Sec. 101. Findings (21 items) (1) Government-to-government relations (2) Recognizes tribal governmental authority (3) Wise use and sustainable management (4) Limited civil jurisdiction over non-members on reservations (8) Federal statutes to be interpreted in accordance with Federal-Indian law, statutes, and judicial decrees (11) Tribes are co-managers of fish and wildlife (15) Programs contribute to conservation and enhancement of resources (includes ESA listed species) Title I General Provisions Sec. 102. Purposes (7) (1) reaffirm and protect Indian hunting, fishing, and gathering rights, and wise use of resources (2) enhance and maximize tribal capability to meaningfully participate in managing fish and wildlife resources (3) support federal policy of Indian self-determination and selfgovernance and encouraging government-to-government relations and cooperative agreements amongst Federal, State, local, and tribal governments, & international agencies and commissions responsible for multi-jurisdictional decision-making (4) authorize and establish Indian Fish Hatchery Assistance Program to address needs and fulfill tribal co-management responsibilities Title II Tribal Fish and Wildlife Programs Sec. 201(a). Management Objectives (8) (2) protect Indian hunting, fishing, and gathering rights (4) protect, conserve and enhance Indian fish & wildlife resources important to subsistence, culture, and economic development (5) integrated resource management plans that provide for comprehensive management of all natural resources (7) to support the inclusion of tribal co-management or cooperative activities in local, regional, national, or international decision-making processes and forums
Title II Tribal Fish and Wildlife Programs Sec.201(b-h) (b) management program (c) management activities (d) survey and report (e) tribal fish and wildlife resource management plans (f) tribal management in regional resource management areas (g) Secretarial assistance to tribes (h) Federal activities- consultation/coordination Tribal Response to Act CRITFC Enhance agreements between the treaty tribes and other federal and state co-managers Ensures a seat at the table on the PNW salmon decision-making forums Provide a framework to deal with on-reservation resource management issues and national framework for co-management on shared resources Use of management planning and resource inventory structure Importance of tribes to participate at all levels Tribal Response to Act Great Lakes Indian Fish and Wildlife Commission (GLIFWC) Serves to implement very core of Federal Indian Policy Preservation of culture and activities Fulfillment of federal treaty promises Protection of Indian economic activities Enhancement of tribal self-government Encouragement of Government-to-government dealings between tribes, states and the federal government, Promotion of education opportunities for Indian people
Nez Perce Tribe & GLIFWC Status Nez Perce Tribe Acts individually and as member of CRITFC (1 of 4 Columbia River treaty tribes) Pursuant to Treaty of 1855 Established fisheries program (1981) w/ 7 divisions (Administration, Conservation Enforcement, Harvest, Production, Research, Resident Fish, & Habitat/Watershed) Vision is to recover and restore all species and population of anadromous and resident fish within the traditional lands of the Nez Perce Tribe Nez Perce Tribe & GLIFWC Status GLIFWC Natural resource management agency w/ delegated authority from its 11 member Ojibwe tribes in Wisconsin, Michigan and Minnesota (1984) Minnesota v. Mille Lacs 1999 ruling, upheld treaty rights of member tribes Services; Administration, Biological Management, Enforcement, Intergovernmental Affairs, Development and Planning, Public Information, Tribal Courts, and Tribal Registration Stations Responsibility to ensure tribal members meet treaty needs (subsistence, economic, cultural, medicinal and religious) & healthy, self-sustaining resource base Implications to Treaty Rights Sec.101(8): propose change Indian fish and wildlife resources, and associated resource management activities, shall not be impaired or diminished by federal statute, except to the extent expressly provided otherwise by Congress. Sec.201(b)(3): dual mandate dilemma Federal agencies responsibilities: Carry out Congressional directives and environmental statutes honor Indian treaty obligations and fulfill trust responsibility
Snake River Salmon and Treaty Rights Every single species of the Snake River salmon is listed under the Endangered Species Act Coho: Extinct (Re-introduced) Sockeye: Listed Endangered in 1992 Spring Chinook: Listed Threatened in 1993 Summer Chinook: Listed Threatened in 1993 Fall Chinook: Listed Threatened in 1993 Steelhead: Listed Threatened in 1998 Nez Perce Treaty Area Recent SRB Fisheries ---- OPENED ---- CLOSED
2001 Rapid River Allocation Anticipated Harvest Spring&Summer Chinook Brood Returns Release ESA Limit Production Adult Stock Surplus to above NPT Non-NPT Total # Unmarked Program Returns (1) Needs (2) Brood Needs Weirs Harvest Harvest Harvest (3) Tucannon 250 50 200 200 0 TBD Dworshak 6,663 1,374 5,289 0 2,645 2,645 5,289 TBD Kooskia 5,841 603 5,238 0 2,619 2,619 5,238 TBD CAFH Red River+Crooked (a) 4,208 910 3,298 0 1,649 1,649 3,298 TBD CAFH Powell (a) 5,594 750 4,844 0 2,422 2,422 4,844 TBD Lookingglass (Lower Granite) (b) 1,717 0 1,717 0 859 859 1,717 TBD NPT Gen Prod (c) 0 174 0 TBD NPTH Smolts & Parr (d) 0 580 0 TBD Imnaha (e) 6,417 228 6,189 TBD TBD TBD TBD TBD Lostine (f) TBD 60 #VALUE! 138 0 TBD Rapid River (d) 23,319 2,980 20,339 0 10,170 10,170 20,339 36 Oxbow 2,089 0 2,089 0 1,045 1,045 2,089 TBD McCall/South Fork Salmon 7,189 1,520 5,669 0 1,890 3,779 5,669 TBD Johnson Cr.(f) TBD 70 #VALUE! 55 0 TBD Pahsimeroi 381 1,006-625 0 TBD Sawtooth 779 1,090-311 0 TBD East Fork Rack 0 0 0 0 TBD TOTALS 64,447 11,395 #VALUE! 393 23,297 25,186 48,483 36 2001 Rapid River Data Harvest Allocation for NPT: 10,170 hatchery returns, incidental take of 36 listed fish Change gear types to dipnet only when estimated harvest for traditional gear types reaches 29 Catch statistics: 7,385 hatchery returns 502 wild/naturals handled with an indirect take of 36 1000s went unharvested Numbers of Fish 2000 1800 1600 1400 1200 1000 800 600 400 200 0 Hatchery Chinook Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Estimated Catch Wild Chinook Ojibwe 2001 Inland Fisheries Tribal quotas for 275 Wisconsin lakes = 45,321 walleye Harvest = 22,999 60% of the Safe Harvest Level (SHL) 35% Total Allowable Catch (TAC)
Tribal-State Walleye Harvest (1990-2000) Treaty spearfishing in Wisconsin is fraction of state sport fishermen Tribal numbers based on consensus fish count State numbers from creel estimate Conclusion The Native American Fish and Wildlife Resources Act of 2004 will assist in the fulfillment of Federal Indian Policy The Act will support tribal governments efforts to manage fish and wildlife resources to the benefit of the tribal people and the United States as a Nation It will protect and advance tribal fishing rights and with the proposed change to Sec.101(8) would help clarify the interpretation of federal statutes and regulations on tribal fishing and hunting rights Questions / Comments??