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 http://www.siskiyoudaily.com/news/x594737140/Petition-seeks-to-eliminate-tribal-fishing-near-Somes-Bar 

Petition seeks to eliminate tribal fishing near Somes Bar 

by David Smith, Siskiyou Daily News March 5, 2009

Siskiyou County, Calif. - The issue of how to save salmon in California has the Department of Fish and Game (DFG) facing a steady flow of petitions and litigation from all sides of the spectrum in a battle that appears to be gaining steam.

Already this year, DFG Director Donald Koch denied a petition to halt or limit suction dredge mining in certain areas across the state, which the petitioners claimed would help save dwindling salmon runs and returns.

After the petition was denied, due to what Koch claimed was a lack of evidence of an emergency situation warranting a halt to dredge mining, several of the petitioners filed a suit against the DFG in order to halt permitting of suction dredging.

The suit still in its infancy, a new petition has been filed by various groups calling for stricter regulation and a possible halt on Karuk Tribal fishing in the Ishi Pishi Falls near Somes Bar. A press release from the Karuk Tribe reads, “Miners file vengeful petition asking state officials to shut down Karuk Tribe’s last dip net site.”

The petition was filed by the Bedrock Prospectors, the Eastern Oregon Mining Association, the Greenhorn Grange, the High Desert Treasure Club, the Klamath Basin Alliance, North Central Washington Prospectors, North American Miners Association, Inc., People for the USA Grange, Public Land for the People, Inc., the Resources Coalition, the New 49ers, Inc., the Waldo Mining District, the Washington Prospectors Mining Association and the Williamette Valley Miners.

The petition states that its purpose is “the repeal of an exception to the General Area Closures set forth in § 7.50 (b)(91.1)(b)(2): ‘Exception: members of the Karuk Indian Tribe listed on the current Karuk Tribal Roll may fish at Ishi Pishi Falls using hand-held dip nets.’”

The Karuk release says, “The New 49ers’ petition to Fish and Game comes in retribution to the Tribe’s recent effort to restrict suction dredge mining in areas that serve as critical habitat for Endangered Species Act – listed coho and other fish listed as ‘species of special concern’ under the California ESA.”

The petition itself states, “Petitioners take this step with extreme reluctance, but cannot remain silent while their own activities in the vicinity of this fishery, with no adverse impact on fish whatsoever, are threatened by the Tribe and Department.”

The petitioners claim that economic vehicles, such as agriculture, logging, mining and hydroelectric generation are all under threat of restriction from the Karuk Tribe, the DFG and the Fish and Game Commission, all while the DFG and commission authorize what the petitioners claim is “an unregulated dipnet fishery with substantial direct, immediate, and adverse impacts on fishery resources –-the fish are killed for human consumption.”

The petitioners then list various issues that they believe exist: impacts of the Ishi Pishi Falls Fishery; California Environmental Quality Act issues; an unlawful taking of listed species; a need for fishery restrictions; and a special rights fishery that the petitioners believe is unlawful.

Look for more in–depth coverage in tomorrow’s Sisikiyou Daily News.

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