Below is a copy of a letter I just sent to Senator Smith in reply to his response letter about monitoring NMFS fish allocations. We are getting somewhere. IF you all will just take a few short minutes to write a letter and send copies to several Congressmen in Oregon and Washington, by e-mail or snail mail, we have an opportunity here to get a much bigger and fairer share of the huge Columbia run of springers next year. And for more fair allocations in other contested mandates. --- To Senator Smith:
Dec. 6, 2000
Re: Senator Smith's Nov. 29, 2000 letter to Mr. Steve Hanson.
Columbnia River salmon allocation issues.
* See enclosed copy of previous letter below.
Dear Senator Smith:
I want to thank you, and your assistants, for your time and consideration given in responding to my previous letter concerning the controversial NMFS Columbia River salmon allocation negotiations and mandates. The sportsmen of the Northwest appreciate it very much. I have posted your letter to the most widely read fishing website in the Northwest region;
www.ifish.net (access the Reel Truth Discussion Board). We are averaging over 5000 reader accesses per day, verifiable by ISP records, so your communication response is reaching many thousands of Northwest sportsmen, particularly in your state of Oregon. I have also sent a copy to the Oregonian newspaper.
We appreciate your efforts on behalf of our rights; to quote your letter, "I have worked hard to ensure that the actions of federal agencies in this area are fair and appropriate". That would indicate your awareness that again this year the NMFS, in deference to 50 CFR223 and Secretarial Order No. 3206, is attempting to set an incredably unfair Columbia R. Spring Chinook quota, of fish deemed harvestable within the Fed. ESA standard, of an 8.5% ESA impact to the Columbia Indian Tribal gillnetters and an 0.5% ESA impact to non-Indian fishermen (commercial and sportfishers combined). While we want the Columbia, and other NW Tribes, to get their fair share of the fish provided by Treaty, we must also get close to our fair share of the fish; that we have mostly paid for. We respectfully ask what you feel is fair, and what you have specifically done to "ensure actions are fair" by the NMFS (please review my previous letter for case particulars - copy enclosed).
To that end, we are also very encouraged by your assurances; of "Please rest assured that I will closely monitor the setting of take limits by NMFS". Because the process of setting next spring's limits is ongoing right now and soon to be settled (pending possible lawsuits), we respectfully request an update on those negotiations and information on what you have done and will do to see that the NMFS is being fair in their quota setting. Please remember the case we have made (previous letter), that by any measure of Columbia Tribal Treaty interpretation and of legal and ethical fairness, that the proposed split of Columbia fish is nowhere near proper (8.5% to 0.5%).
This apparent "attempt to bridge treaty obligations" is way out of line with Federal Court interpretations of Treaties signed with the Federated Tribes of the Columbia River Basin; first by Federal Judge Belloni in the late 60's, and again in a Federal Court review and clarification of that court's decision in the mid 70's. These decisions are readily available for review.
We respectfully ask you of your specific position toward Secretarial Order No. 3206, and what you will do about that Order. As mentioned, it was born of sympathetic idealism that the Columbia Tribal Indians should be the last to have their fishing curtailed because of the damage to fish runs done by the dams constructed on the Columbia system. That is inconsistent with legal Treaty interpretations. Our credible position is that today's sportfishers had no more to do with building those dams than today's Indians. And that the Indians also use electricity from those dams; particularly heavily in the highly profitable Indian gambling casinos, which were also considered compensatory for lost fishing income potential.
Thank you for your time, consideration, and efforts on our behalf in this important matter Senator Smith.
In representation of Northwest sportfishermen and outdoorsmen; Sincerely, Steve Hanson (moderator Ifish DB)