Mother Earth Journal

EUREKA, Calif. – Members of local American Indian tribes interrupted the Marine Life Protection Act Initiative’s Science Advisory Team meeting June 29, demanding that they not be blamed for the decline in ocean fisheries.

“We gathered and harvested the ocean’s bounty for thousand of years in a sustainable manner,” said Frankie Joe Myers, a Yurok ceremonial leader and member of the Coastal Justice Coalition. “For California to blame tribes for it’s reckless mismanagement of our fisheries for the last century is simply appalling.”

The Marine Life Protection Act Initiative is a public and privately funded partnership between the State of California and a handful of well-funded private foundations, primarily the Resources Legacy Fund that would implement the Marine Life Protection Act, which was signed into law in 1999.

The MLPA is designed to protect ocean resources, but tribal spokespeople say it’s an attempt by the Schwarzenegger administration to greenwash his legacy.

The MLPA Science Advisory Team attempted to meet Tuesday but met with chants of “keep your laws off my culture” and “M-L-P-A taking tribal rights away,” as tribal activists essentially took over the meeting and demanded an opportunity to speak on the record.

For about an hour Native Americans as well as non-native supporters criticized the process and demanded tribal representation on the science panel. The panel reconvenes Wednesday at the Red Lion Hotel to review four Marine Protected Area proposals developed by the North Coast Region Stakeholder Group, all of which have the potential to impact Yurok and other tribes’ rights to gather ocean resources.

The Science Advisory Team, which could potentially influence decisions regarding tribal gathering rights, does not have any scientific evidence suggesting that tribal gathering affects resources. Tribal members say that has not stopped them from proposing a ban on tribal practices.

“We asked them to show us the science that indicates that tribes are to blame for the decline of any single species – they can’t because there is no science behind their decision making,” said Myers.

Tribal members say the MLPA structure also adversely affects tribal groups who gather in the intertidal zone. The MLPA science panel claims that collecting mussels and seaweed by hand has a “high impact” and therefore, would be banned in “backbone” Marine Protected Areas.

“This makes sense in an area like Los Angeles where there is a potential for millions to harvest from the intertidal zone and disrupt the entire ocean ecosystem,” Myers said. “It defies logic here where the pressure is not comparable and the access is severely limited.”

The Science Advisory Team has asked tribes for detailed information about the resources they use. To date, all tribes have declined to provide the information.

“The same resources my ancestors gathered are still abundant today because of time-tested tribal stewardship. If we were to give them details about what we gather it could create the potential for mismanagement and commercialization of those resources,” Myers said.

Salmon and crab can still be commercially harvested in areas considered by the Initiative to have a high level of protection. The MLPAI does not address pollution limitations.

“What this amounts to is a high level of protection for the commercial fishing and the oil industries but not the ocean,” said Myers. “We are harvesting by hand, not for a profit and with no discernible environmental impact. They should not be regulating something that we have managed sustainably since time immemorial.”

Tribes gather ocean resources for sustenance, everyday utilitarian items, and ceremonial regalia. Gathering is at all times a spiritual process, which is the primary reason why Coast Justice Coalition’s is advocating that the Marine Life Protection Act Initiative recognize that tribal rights and uses are outside the scope of the state’s authority and the Initiative process.

Advocates of the MLPA process have voiced their intention of hearing the concerns of tribes and other ocean users. Former Assemblywoman Virginia Strom-Martin wrote a guest opinion for the Times-Standard June 29, proclaiming, “My fellow (MLPA) task force members share a mutual interest in ensuring that traditional tribal uses of the ocean are preserved…”

Local Indians say that the task force’s actions betray such sentiments. “If she was really concerned about preserving tribal practices, maybe Ms. Strom-Martin should ensure tribal members and tribal scientists are involved in the process,” suggested Myers.

Adapted from a press release issued by the Coastal Justice Coalition, a group of regional tribal members who agree that the State of California has no right to regulate tribal gathering.

From California’s Department of Fish and Wildlife website: Why the California Marine Life Protection Act Initiative?

To help implement the MLPA, the California Natural Resources Agency, California Department of Fish and Game, and Resources Legacy Fund Foundation have formed a public-private partnership known as the Marine Life Protection Act Initiative (MLPA Initiative). Scientists, resource managers, experts, stakeholders and members of the public play important roles in guiding the outcomes of this public-private partnership.

The partnership is governed by a formal memorandum of understanding (MOU) that details each partners’ participation in the process. There have been two MOUs and an amendment for the different regional projects: a first phase MOU for the central coast pilot project, a second phase MOU for the north central coast study region, and an amendment to the second phase MOU for the south coast, north coast and San Francisco Bay study regions.

Concern about California‘s marine heritage

• A variety of human activities, such as coastal development, water pollution, and fishing, have been shown to impact marine ecosystems.
• In California, the State Legislature found that these activities have the potential to stress marine ecosystems, impact habitat, and threaten biological diversity.

California launched the MLPA to protect its marine heritage

• In 1999, the California State Legislature adopted the Marine Life Protection Act (MLPA), which required the state to evaluate and/or re-design all existing state marine protected areas (MPAs) and to potentially create new MPAs that to the extent possible will act as a network. MPA designation types include: state marine reserve (SMR), state marine park (SMP) and state marine conservation area (SMCA).
• While MPAs may not mitigate all of the issues threatening California’s oceans, they have been shown to help restore marine ecosystems on a local scale and act as buffers to larger scale impacts.
• When designed and managed effectively, MPAs can help to preserve biological diversity, protect habitats (both healthy and degraded), aid in the recovery of depleted fisheries, and promote recreational, scientific, and educational opportunities.

California launched the MLPA Initiative to achieve the goals and objectives of the act

• From 1999 to 2004, there were two different attempts by the Department of Fish and Game to implement the MLPA. However, both attempts suffered from a lack of adequate resources, and insufficient public involvement.
• On August 27, 2004, the Resources Agency and the Department of Fish and Game partnered with the Resource Legacy Foundation to launch a new public-private initiative to implement the MLPA, commonly referred to as the Marine Life Protection Act-Initiative (MLPA-Initiative). This new initiative was designed to assist the Department of Fish and Game in implementing the MLPA and uses lessons learned and public feedback from the two previous attempts to help guide implementation efforts.
• The MLPA-Initiative works to ensure that through the use of the best readily available science MLPA goals and objectives are being met, and a network of MPAs is being designed and implemented along California’s coast.
• The MLPA-Initiative is founded on solid public leadership and seeks the advice of public policy advisors, scientists, stakeholders, and the interested public through a fair and inclusive process. The MLPA-Initiative is an open and transparent process that helps to ensure that all views are heard.

Introduction to the MLPA |  MLPA Summary.