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Tribes, Immigrants and Fishermen Unite Against the MLPA

by: Dan Bacher

Wed Jul 28, 2010 at 11:52:35 AM PDT


Assembly Speaker John Pérez Is on the Wrong Side of History

By Dan Bacher

In a historic protest on July 21, over 300 members of California Indian Tribes and their allies peacefully took control of a Marine Life Protection Act (MLPA) Blue Ribbon Task Force meeting in Fort Bragg to protest the violation of indigenous gathering and fishing rights under Governor Arnold Schwarzenegger's controversial MLPA Initiative.

Over 60 immigrant workers from the sea urchin industry, many from indigenous communities in central and southern Mexico that were forced to come to the U.S. after they were driven off their land under NAFTA (the North American Free Trade Agreement), marched side by side with members of the Yurok, Tolowa, Cahto, Kashia Pomo, Karuk, Hoopa Valley, Maidu, Hopi, Navajo and other tribes. Besides them were recreational anglers, commercial fishermen, seaweed harvesters, environmentalists and sea urchin divers and local political candidates.

Alongside tribal flags, participants hoisted banners with slogans including "Keep Away MLPA," "Native Conservation, Not Naive Conservation," "No MLPA," " MLPA=Big Oil," and "RLF - What Are You Funding." Many of the protesters wore blue shirts proclaiming, "M.L.P.A. Taking Tribal Rights Away."

I have been to hundreds of protests on a variety of water and environmental justice issues, but it was simply the most moving event of its kind that I've ever been to. I was touched by the solidarity shown by people from such diverse communities in opposition to a process that that they feel is not listening to them or their needs.

Opponents of the MLPA Initiative believe that Schwarzenegger appointed MLPA officials have railroaded California Indian Tribes and fishing communities on the Central Coast, North Central Coast and South Coast - and now are trying to do it on the North Coast, but they have faced massive resistance there.

The group peacefully took over the task force meeting in a great example of non-violent direct action. After rallying at Oak and Main Street, over 300 people walked a half-mile to the C.V. Star Community Center. Just before heading into the meeting, tribal community members standing twenty deep chanted, "No Way M.L.P.A.!" to the MLPA Blue Ribbon Task Force (BRTF) members convened inside.

Tribal elders and immigrant workers then spoke on the impact of the MLPA process upon them. Some of the most powerful testimony came from Susan Burdick, Yurok Tribal gatherer, who slammed the Blue Ribbon Task Force members for violation of sovereign Tribal rights.

"We're not going to stop what we have doing for generations," said Burdick. "We have young people here, old people here and we will march everywhere you go."

"What is your real purpose: to start drilling for oil off our coastline?" she asked. "Be honest with us!"

Elizabeth, a worker in the sea urchin industry, told the panel how the MLPA threatened the livelihoods of immigrant workers. "By taking away our jobs by closing areas of coast, you are taking away the opportunity for our kids to go to college and make a better live for themselves," she stated.

Thomas O'Rourke, the chair of the Yurok Tribal Council, vowed that tribal members would be willing to go to jail to defend their rights.

"It is wise to listen to the people who managed these lands for thousands of years," he continued. "We believe in protecting species. We will continue to exercise our right to harvest seaweed and fish as we always have. You wlll have to take us to jail until you go broke and you fix this law."

"Our tribal rights are not negotiable," Dania Colegrove, Hoopa Valley Tribe member and a member of the Coastal Justice Coalition, told the task force. "Get used to it!"

Frankie Joe Myers, organizer for the Coastal Justice Coalition and a Yurok Tribal ceremonial leader, summed up the feelings of many when he said, "This is about more than a fouled-up process that attempts to prohibit tribes from doing something they have done sustainably for thousands of years. It is about respect, acknowledgement and recognition of indigenous peoples' rights!"

When I got back from the protest, I was shocked to hear that Assembly Speaker John Perez, in spite of the massive opposition to MLPA Process from diverse communities, had recently sent a letter to the California Fish and Game Commission strongly endorsing Governor Arnold Schwarzenegger's fast-track MLPA Initiative.

In his letter, Perez said he supports "the strongest possible network of marine protected areas based on science" along California's southern Coast.

That is simply not true, since the MLPA as implemented on the Central North Central, South and North Coasts of California has completely taken oil drilling, water pollution, wave energy projects, corporate aquaculture, habitat destruction and all other human uses of the ocean off the table other than fishing and gathering.

"You have a historic opportunity to create a legacy for southern California's oceans and generations to come," stated Pérez. " Please adopt the protections most likely to provide lasting benefits for all Californians by choosing the strongest possible option of Marine Protected Areas in southern California."

However, the real "legacy" of the illegitimate process that John Pérez adamantly supports is the industrialization and privatization of California ocean and bay waters under an initiative privately funded by the shadowy Resources Legacy Fund Foundation. This process has violated the Bagley-Keene Open Meetings Act, the California Public Records Act, the American Indian Religious Freedom Act, the UN Declaration on the Rights of Indigenous People and other laws.

The MLPA Blue Ribbon Task Forces, appointed by the worst Governor in California history to kick Tribal members, fishermen and seaweed harvesters of the water in fake "marine protected areas," are dominated by oil industry, real estate, marina development and other corrupt corporate interests.

In fact, the "strongest possible option of Marine Protected Areas" that Perez gushes over was crafted under the leadership of Catherine Reheis-Boyd, the president of the Western States Petroleum Association and the chair of the South Coast MLPA Blue Ribbon Task Force, who has called for new oil drilling off the California coast. What kind of "protection" is that?

Perez's increasingly friendly relationship with big oil companies is no secret. Pérez is the author of the "rigs to reef "legislation on behalf of the oil industry that saves them billions in the decommissioning of oil rigs off Southern California, so his strong support of oil industry supported "marine protected areas" that also insulate them from pesky environmental regulations should also come as no surprise.

In a post on the California Majority Report, Marcela Gutierrez, program manager of Wildcoast, spoke up for the MLPA and for Perez's record, stating, "Speaker John Pérez has a strong and consistent record showing his commitment to social and environmental justice."

"Suffice it to reference his work on AB 890, the law passed last fall to address chronic pollution (manganese) to the City of Maywood's water supply. Championing a solution to the oft-ignored problem that plagues Maywood's mostly working-class and immigrant community is hardly the hallmark of a 'corporate green-washer.'"

I roundly applaud Pérez's work on AB 890, legislation that I strongly support. However, that doesn't excuse Pérez from supporting the MLPA Initiative, a widely-criticized process that has united a diverse group of Indian Tribes, fishermen, immigrant workers, environmental justice advocates, conservationists, cities and coastal communities against it.

By supporting the MLPA Initiative, Pérez is on the wrong side of history. If he truly cares about environmental justice and his legacy, he should use his power to convene a legislative oversight hearing to investigate the conflicts of interest, total disregard for indigenous fishing and gathering rights, violation of numerous state and federal laws and greenwashing that have plagued the MLPA Initiative since Schwarzenegger privatized it in 2004. Further, he should call upon the Governor to immediately suspend the MLPA process until this hearing is conducted.

People who care about true ocean protection, rather than the fake "protection" provided under the MLPA, should oppose corporate greenwashing and institutional racism, whether it's Governor Arnold Schwarzenegger, Assembly Speaker John Pérez, or any other politician that is supporting it.

For more information about the Coastal Justice Coalition's battle against the MLPA's violation of indigeous rights, go to: http://www.klamathjustice.blog...  

Dan Bacher :: Tribes, Immigrants and Fishermen Unite Against the MLPA
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MLPA - John Perez is on the right side of history (0.00 / 0)

Fisherman Dan Bacher's prolific, extremist blogs on the Marine Life Protection Act, confirm his strong opposition to this landmark law and his desire to personally condemn anyone who supports the law.  Bacher's vitriolic mud-slinging and wild conspiracy theories have been directed at dozens of targets in recent months, the latest being Assembly speaker John Perez.  

John Perez is an environmental and social justice leader. With a lifetime score of 91 percent from the California League of Conservation Voters, he has a proven track record of fighting for environmental justice, working to improve recycling programs and creating clean tech jobs. He has dedicated his career to helping working class Californians build a better future for themselves and their families by protecting our state's natural resources.

But that hasn't stopped a Dan from making false and ludicrous accusations against him and calling for him to resign. The Speaker's alleged offense?  He supports ocean protection.

Speaker Perez, like scores of California elected leaders and most Californians, supports the Marine Life Protection Act, California's landmark ocean protection law. The MLPA won bipartisan support of nearly two thirds of the legislature when it passed in 1999.  A recent poll confirms that over 70 percent of California voters support the creation of marine protected areas with support particularly high in southern California, which the Speaker ably represents. Marine protected areas are popular because they are good for the ocean, good for our coastal tourism-driven economy, good for Californians' quality of life, and good for our future.  Speaker Perez deserves nothing but praise for supporting such protection.

Look at the facts. Science shows that ocean protected areas like those created under the MLPA work. These underwater parks produce more and bigger fish and richer marine life than fished areas. Scientific studies show that well designed protected areas can actually increase the overall fish catch, and that's good for fishermen as well as for fish. The Channel Islands marine reserve network, in place off the Santa Barbara coast for six years now, is a resounding success story.

Under the Marine Life Protection Act, Californians are coming together to decide exactly where and how to design marine protected area plans. Meetings are open to the public, are well attended, and every voice has a chance to be heard. Throughout the state, adopted marine protected areas reflect a thoughtful balance between conserving ocean habitat and providing for sustainable fishing.

Speaker Perez's district includes diverse constituents who visit and enjoy the coast and ocean and want to leave it in better shape for their kids, whether they swim, surf, dive, fish, watch wildlife or just hang out on the beach. His support for the Marine Life Protection Act is a common sense way to represent those constituents and all Californians.  Speaker Perez should be applauded for his leadership.

Warner Chabot, CEO, CA League of Conservation Voters


Warner: Please Answer My Questions (0.00 / 0)
First, you make a completely inaccurate statement: "Fisherman Dan Bacher's prolific, extremist blogs on the Marine Life Protection Act, confirm his strong opposition to this landmark law and his desire to personally condemn anyone who supports the law."

That is completely untrue. I support the Marine Life Protection Act (MLPA). What I don't support is how the law has been implemented under the Schwarzenegger administration. Under the current MLPA, oil drilling, wave energy projects, pollution, habitat destruction of all human uses of the ocean other than fishing and seaweed gathering. That is totally wrong, in my opinion.

I support marine protected areas - I just don't support the way they are being designated and implemented under Schwarzenegger's MLPA Initiative. I support real marine protection - not the fake protection that Schwarzenegger supports.

You accuse me of "extremist" blogs, but what I call "extremist" is the extreme denial of Tribal gathering and fishing rights under the MLPA that you and other MLPA advocates refuse to even acknowledge.  

Second, I have a series of questions to ask you that I have asked other proponents of Schwarzenegger's MLPA Initiative. None have risen to the challenge, but continue to perpetuate the myth that the MLPA Initiative is an "open and transparent" process.  

Why did the Governor and MLPA officials install an oil industry lobbyist, a marina developer, a real estate executive and other corporate interests as "marine guardians" to kick Indian Tribes, fishermen and seaweed harvesters, the greatest defenders of the oceans, off the ocean? Isn't this very bad public policy?

Why is Catherine Reheis-Boyd, the president of the Western States Petroleum Association, allowed to make decisions as the chair of the BRTF for the South Coast and as a member of the BRTF for the North Coast, panels that are supposedly designed to "protect" the ocean, when she has called for new oil drilling off the California coast? I ask this question as not as any part of "wild conspiracy," but in an attempt to find out what the heck an oil lobbyist is doing chairing a process that is supposed to "protect" the ocean.

Why has the Initiative shown no respect for tribal subsistence and ceremonial rights? This is an overt violation of the American Indian Religious Freedom Act and the UN Declaration on the Rights of Indigenous People. Article 32, Section 2, of the Declaration mandates "free prior and informed consent" in consultation with the indigenous population affected by a state action (http://www.iwgia.org/sw248.asp ).

Why did MLPA staff until recently violate the Bagley-Keene Act and the First Amendment of the U.S. Constitution by banning video and audio coverage of the initiative's work sessions?

Why do the MLPA Blue Ribbon Task Force (BRTF) and Science Advisory Team continue to violate the California Public Records Act by refusing to respond to numerous requests by Bob Fletcher, former DFG Deputy Director, for key documents and records pertaining to the MLPA implementation process?

Why does the initiative discard the results of any scientists who disagree with the MLPA's pre-ordained conclusions? These include the peer reviewed study by Dr. Ray Hilborn, Dr. Boris Worm and 18 other scientists, featured in Science magazine in July 2009, that concluded that the California current had the lowest rate of fishery exploitation of any place studied on the planet.

Why do MLPA staff and the California Fish and Game Commission refuse to hear the pleas of the representatives of the California Fish and Game Wardens Association, who oppose the creation of any new MPAs until they have enough funding for wardens to patrol existing reserves?

Finally, why is a private corporation, the shadowy Resources Legacy Fund Foundation, being allowed to privatize ocean resource management in California through a Memorandum of Understanding (MOU) with the DFG?  


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