Tribes get fishing rights victory

Blue Ribbon Task Force members said during a teleconference they will support a unified MPA proposal created by regional stakeholders, including fishermen, conservationists and tribal members.

The unified proposal was a first for California’s Marine Life Protection Act process, but contention arose in October when the task force indicated it planned to delete certain exemptions for the taking of some marine species by noncommercial fisherman to preserve traditional tribal uses.

Thursday’s decision clears that obstacle, but the proposal must still be approved by the state Department of Fish and Game Commission.

“I want to continue to honor the stakeholder process,” Cindy Gustafson, chairwoman of the Blue Ribbon Task Force, said during the teleconference, which was held at the county Board of Supervisors chambers in Crescent City.

Many other task force members agreed that supporting the unified proposal was proper because of all the support it had garnered in Del Norte, Humboldt and Mendocino counties.

“It would destroy the trust that people have built up through the process,” said task force member Roberta Reyes Cordero, referring to the possibility of changing the unified proposal.

In Del Norte County, the proposal would establish MPAs around Pyramid Point and Point St. George. An area around Reading Rock was also included, which is a popular crabbing location for locals.

MPA levels of restriction vary, and some cases establish no-take zones.

Thursday’s decision was a victory for tribes, but there’s still a long way to go for the state to place regulations in effect that   would allow for the tribes to continue their traditional non-commercial harvesting within MPAs, said Yurok Chairman Thomas O’Rourke Sr.

“I’m satisfied they did recognize we do have rights,” said O’Rourke. “This process isn’t over yet.”

The regional stakeholders had made it clear in their unified proposal that traditional tribal uses were being addressed.

They also acknowledged that by allowing all members of the public a right to harvest in the MPAs until a solution is found, their proposal had a lower level of protection than what is advised by the MLPA science guidelines.

Fishing for species such as abalone that are fixed in an ecosystem is considered to weaken the protection afforded by MPA restrictions.

Non-commercial fishing for crab and salmon is not a concern because those species migrate through the areas, and their harvest is considered to have a lesser impact on an ecosystem.

Task force members admitted they are not sure how the Fish and Game Commission will respond to a proposal with a lower level of protection than other regions of the MLPA in California.

“The commission has struggled with what kind of changes to make,” said Melissa Miller-Henson, MLPA Initiative project manager.

Del Norte County Supervisor Martha McClure has been working to get legislation created to address how tribal uses will fit into the MLPA, said Ken Wiseman, MLPA Initiative director.

“There has to be this tribal category,” said Wiseman, who was in Crescent City to watch the teleconference.

If draft legislation is produced in time for the Feb. 2 Fish and Game Commission meeting, then it would help the members decide what to do with the unified proposal, Wiseman said.

After Fish and Game Commission approval, the North Coast MPA proposal will be the subject of public hearings and environmental impact reports before MPAs are implemented.