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Dave_Mack
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Taking the fight to them! ( 01:42:58 FriFeb 27 2009 )

Hello Everyone,

In this month's newsletter, I am laying out all of the reasons why we have finally decided to take the fight right back to the Karuk Tribe.

Within the next few days, we, along with a strong
coalition of other organizations, will file a Petition
with the California Department of Fish & Game to
immediately halt the completely unregulated wholesale
slaughter of Salmon by the Karuks along the Klamath River.

Circle the wagons!
[2 edits; Last edit by Dave_Mack at 01:45:39 Fri Feb 27 2009]

  
colo_nuggets
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542 posts
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Re: Taking the fight to them! ( 02:14:38 FriFeb 27 2009 )

Alright Dave!! Way to put one over the plate!! Bring the heat boy BRING THE HEATTT!!!!

  
Old_Koot
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Re: Taking the fight to them! ( 05:44:56 FriFeb 27 2009 )

I'm all for it! Legal fund donation on the way.

Old Koot

  
scooters
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Re: Taking the fight to them! ( 13:38:45 FriFeb 27 2009 )

I would not want Dave McCracken after me - for anything - ever. I would not want him to focus on me and make me his "Mission" because I know I would not stand a chance.
What can the Karuk leadership be thinking? Are they ignorant to Dave's past and his training? Losing is not an option for Dave. After many years of harassing The New 49'ers, (and Dave), the Karuks leadership are going to find out what being on the defensive is all about. My advice to the Karuks leadership is "surrender before it begins" !!!
I think I'll send in a donation to help Dave on his "Mission".

  
biggdogg
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Re: Taking the fight to them! ( 16:09:27 FriFeb 27 2009 )

GIT-R-DONE SON

  
au_dreamer1218
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36 posts

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Re: Taking the fight to them! ( 22:43:05 FriFeb 27 2009 )

Hello Dave, I've sent in an extra check!
Keep up the pressure.
Thanks au_dreamer1218
[1 edits; Last edit by au_dreamer1218 at 01:50:23 Sat Feb 28 2009]

  
aumanic
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Re: Taking the fight to them! ( 02:09:13 SatFeb 28 2009 )

To bad the actions of a few will effect so many. I have met some great Karuk folks who dont think the leadership speaks for them!
Hope the tribe figures out who and what is behind the few who have caused this to happen and toss the puppets out.

Manic

  
LuvNuggets
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Re: Taking the fight to them! ( 03:51:53 SatFeb 28 2009 )

I'm sorry it has to come to this. I have watched the Hoopa fish for salmon and it's neat how they do it the old way.
They never take more than they need.

Maybe the Karup general populace will get the few in line at some point so we can all share the river.

  
idigauinca
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Re: Taking the fight to them! ( 06:46:17 SatFeb 28 2009 )

Outstanding! I am glad to see us going on the offensive. I must say, I feel no anamosity towards the Karuk as a whole, but when their leadership continually uses the Karuk name to attack other users of the river and blame a single river use (mining) for the destruction of the salmon population, its time fight back. The fact is, the Karuk take of salmon is completely unregualted, and that may very well have a lot to do with the decline.... along with other factors.
You have my support!

W


  
Jim_Alaska
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Re: Taking the fight to them! ( 15:50:16 SatFeb 28 2009 )

Thanks for the input folks, many people have called for an offensive stance instead of a defensive one for a long time now.

We have put together a highly experienced and successful team of attorney's, lobbyists, scientists and Pr. people, they are anything but cheap, but when you want to win you go with the best. Cut rate specialists get cut rate results....failure. We can't afford to fail.

Now we just need to be able to pay for this team. Your donations to the legal fund have been what allows us to keep winning and paying the bills for it.

Dave will need to keep asking for donations as we move through this process. Begging for money is not a pleasant endeavor, but it is a necessary one if we are to win.

Thank you one and all for your contributions, both in prizes to be auctioned off and cash donations, This has made all the difference.




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Jim_Alaska
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Jim Foley's Alaska
jfoley@marciesalaskaweb.com
 
 
Mineral_Estate_Grantee
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Re: Taking the fight to them! ( 17:34:19 SatFeb 28 2009 )

http://www.grantedright.com/The_Law.html

That the mineral lands of the public domain, both surveyed
and unsurveyed, are hereby declared to be free and open to
exploration and occupation by all citizens of the United
States, and those who have declared their intention to become citizens, subject to such regulations as may be prescribed by law, and subject also to the local custom or rules of miners in the several mining districts, so far as the same may not be in conflict with the laws of the United States.

  
calnatv
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Re: Taking the fight to them! ( 17:14:18 WedMar 4 2009 )


Those are the types of comments that aren't necessary and should be deleted

  
Jim_Alaska
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Re: Taking the fight to them! ( 06:04:48 ThuMar 5 2009 )

Thanks for the reminder calnatv. It's good to see someone say it besides Dave and me. If we police ourselves it is always better than having to delete posts.

First and foremost everyone needs to keep in mind that our adversaries read these forums and a few mistaken words can undo a lot of our work. Both Dave and I have seen text from our forums used in court and newspapers against us. Let's not give anyone ammunition they don't have.

I do understand the need to vent in situations such as this, I have my own speach to watch and am constantly havng to make sure that something I write doesn't add to our problems.

I'm not picking on polekaat here, his comment was one that has been written in this and other forums every time this comes up. I am just using this one post as an example because this is the of kind of thing that can encourage others to pick up the ball and run with it, thus necessitating me having to delete posts.

Thanks for your help and understanding in this, it is common to write without thinking of the consequences simply because you are not on the front lines to see those consequences.

Thanks again,





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Jim_Alaska
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Jim Foley's Alaska
jfoley@marciesalaskaweb.com
 
 
Jim_Alaska
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Re: Taking the fight to them! ( 04:07:05 WedMar 18 2009 )

Today I made a presentation the Siskiyou County Board of Supervisors. I asked them to summon California Department of Fish and Game before the board to answer questions about why Fish and Game has granted a special "exception" to the rules that everyone else must follow.

The board voted unanimously to summon CDFG and NMFS so that the board can gather information on this issue and seek answers as to why one class of people should be allowed an exception to the same laws that everyone else must obey.

What follows is my presentation to the board.
_____________________________________________

Request for assistance from the Siskiyou County Board of Supervisors


On March 2nd. 2009 a broad coalition of concerned citizen groups, led by the New 49er’s prospecting organization and comprised of agricultural, ranching, mining and other concerned citizens, submitted a petition to the California Dept. of Fish and Game to repeal an illegal exception to the state Fish and Game Code. This exception allows the Karuk Tribe to engage in an unregulated and unmonitored fishery at a time when the Tribe, Commission and Department are actively involved in efforts to restrict all other economic activities in the Klamath Basin, including but not limited to agriculture, logging, mining, grazing and hydroelectric generation.


We seek the repeal of an exception to the CDFG 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.”

Our coalition takes this step with extreme reluctance, but we cannot remain silent while our own activities in the vicinity of this fishery, with no adverse impact on fish whatsoever, are threatened by the Tribe and Department. Specifically, the Tribe and Department appear to contend that status of fishery resources in the area is so dire that any and all human activity which fish biologists speculate may possibly injure fish must be shut down, except intentional killing of the fish for human consumption.

Indeed, the Tribe has commenced one federal and two state lawsuits and has repeatedly
sought legislative and administrative actions attempting to destroy federally protected citizen rights. At the same time, the Commission and Department continue to authorize, and the Tribe continues to conduct, an unregulated dipnet fishery with substantial direct, immediate, and adverse impacts on fishery resources—the fish are killed.

A September 22, 2008 article in the Los Angeles Times reports that the fishery is conducted in “a gray area of the law” and that “no one officially keeps track of the 2,000 or so salmon that the tribe can take in a good year”.

“Right now, their fish are not even “paper fish,” said Neil Manji, a senior fisheries biologist for the California Department of Fish and Game. “Anything they catch, it’s kind of like ghost fish.”

Leaf Hillman, vice chair of the Karuk Tribe, is quoted as saying, “People have been satisfied for many, many years to pretend the issue doesn’t exist.”

Coho salmon in the Klamath River are listed as a federally-protected threatened species, 50 C.F.R. § 223.102(a)(10) Any “take” of Coho is a violation of federal law. They are also listed as threatened under California law. 14 C.C.R. § 670.5(b)(2)(E)

According to a November 2005 report on the Karuk Tribal diet 3.2% of Karuk households reported harvesting “11 to 50” Coho, and 11.1% of Karuk households reported harvesting “10 or less” Coho in the 2004-2005 season, a season in which catches were reportedly at “record lows”. A 2006 master’s thesis at Humboldt State University reports that 30% of the tribal households harvested Coho.

We have also noted that the current draft of the “Karuk Tribe Department of Natural Resources Eco-Cultural Resources Management Plan” does not specify any protections whatsoever for Coho salmon, referring only to the goal protect “activities” in tributaries that contribute to the quality and availability of spawning, rearing and migration habitat. The Plan acknowledges that: “Fish harvested include; Fall Chinook Salmon, Fall, Winter and early Spring Run Steelhead, Coho Salmon, Crayfish, Trout and Pacific Lamprey. Many of the listed fish are harvested at Ishi Pishi Falls, while all are harvested to a lesser extent at many locations throughout the Karuk Aboriginal Territory. Ishi Pishi Falls is currently the only place traditional salmon fishing methods are consistently practiced and known by management agencies and the general public.”

In light of the above conditions and the impact they have on our entire community, we respectfully ask this board to summon CDFG to appear before this board to answer questions regarding why they continue to illegally authorize an activity such as this, when they are charged with “protecting” our fish and game resources.



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Jim_Alaska
Administrator
Jim Foley's Alaska
jfoley@marciesalaskaweb.com
 
 

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