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Sam Cohen, Government and Legal Specialist The Santa Ynez Band of Chumash Indians Central and South Coast MPA’S and Failure to Consult with California.

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Presentation on theme: "Sam Cohen, Government and Legal Specialist The Santa Ynez Band of Chumash Indians Central and South Coast MPA’S and Failure to Consult with California."— Presentation transcript:

1 Sam Cohen, Government and Legal Specialist The Santa Ynez Band of Chumash Indians Central and South Coast MPA’S and Failure to Consult with California Tribes April 13, 2016

2 May 9, 2007 California Fish and Game Commission 1416 Ninth Street PO Box 944209 Sacramento, CA 94244-2090 Phone number: 916-653-4899 Fax Number: 916-653-5040 E-mail: fgc@fgc.ca.gov RE: Central Coast MLPA regulations Request for exemption for Tribal ceremonial activities And aboriginal hunting grounds To the Honorable California Fish and Game Commission: On February 12, 2007, the Santa Ynez Band of Chumash Indians ("Tribe") requested that the Commission consider aboriginal fishing and ceremonial uses of certain areas of shoreline located near the City of Lompoc and Vandenberg Air Force Base. To date, we have not received an answer, other than a press release announcing the adoption of the Central Coast MLPA at your meeting at Bodega Bay on April 13, 2007.

3 February 8, 2008 Mr. Richard B. Rogers, President California Fish and Game Commission 1416 Ninth Street, P.O. Box 944209 Sacramento, CA 94244-2090 Phone number: 916-653-4899 / Fax Number: 916-653-5040 E-mail: fgc@fgc.ca.gov RE: Central Coast MLPA regulations Request for exemption for Tribal ceremonial activities And aboriginal hunting grounds To the Honorable California Fish and Game Commission: On February 12, 2007, the Santa Ynez Band of Chumash Indians ("Tribe") requested that the Commission consider aboriginal fishing and ceremonial uses of certain areas of shoreline located near the City of Lompoc and Vandenberg Air Force Base. A follow up request was sent on May 9, 2007. To date it has been almost a full year and we have not received an answer to either communication, other than a press release announcing the adoption of the Central Coast MLPA at your meeting at Bodega Bay on April 13, 2007.

4 MINUTES OF MEETING WITH FISH AND GAME COMMISSION AUGUST 7, 2008 This morning I attended the Fish and Game Commission (F&G) meeting in Carpinteria. We had received a copy of a letter from John Carlson, Jr., Executive Director of the Fish and Game Commission to Larry Myers, Executive Director of the Native American Heritage Commission (NAHC) dated July 25, 2008. We had previously emailed the NAHC in 2007 and again in 2008 at the beginning of the South Coast MLPA process from Pt. Conception to San Diego County. We pointed out the following letters from the Tribe remain without any F&G response: 02-12-07 Request for Tribal Consultation prior to Central Coast MLPA adoption; 05-09-07 Request for Tribal Exemption to F&G Commission; and 02-08-08 Second Request for Tribal Exemption to F&G Commission. We pointed out that only after we made a complaint to the NAHC did F&G acknowledge our letters (but still no response).

5 On Friday, August 5, 2011, I met with Sonke Mastrup, the new Executive Director of the California Department of Fish and Game regarding tribal exceptions to Marine Protected Areas (MPAs). He provided the following guidance: (1) Exception for federally recognized Tribes a. Only for Marine Conservation Areas and parks b. NOT for Marine Reserves (note: only extends to mean high tide) c. Only for federally recognized Tribes d. Tribe must establish record of aboriginal use e. Only subsistence fishing and ceremonial use contemplated f. Must petition the Fish and Game Commission for exemption g. Fish and Game Commission issue exemption

6 TO:Mr. Sonke Mastrup, Executive Director, DF&G/F&G Commission FROM:Sam CohenDATE:October 12, 2011 RE:Chumash Cultural and Ceremonial Exemption Under MLPA Dear Mr. Mastrup: The Santa Ynez Band of Chumash Indians (“Tribe” or “Chumash”) continue to pursue an exemption (“Exemption”) from the Fish and Game Commission for cultural and ceremonial fishing and gathering under the Marine Life Protection Act (“MLPA”). The Chumash would optimally like to make this exemption request at the November meeting of the Commission in Santa Barbara.

7 In support of such exemption, the Chumash provide the following documentation: 1.Summary of our August 5, 2011 meeting regarding an exemption; 2.Santa Barbara County Marine Conservation Areas and Parks; 3.Chumash cultural and ceremonial gathering list; 4.Possible additional provisions to gathering list; 5. Chumash fishing and gathering text from the Santa Barbara Museum of Natural History website; 6.Chumash towns at the time of European settlement; 7. “The Origins of a Pacific Coast Chiefdom, The Chumash of the Channel Islands”; 8. “Ethnohistoric and Archaeological Evidence for Chumash Use of Marine Plants”; 9.“A Review of the Analysis of Fish Remains in Chumash Sites”; 10.“The Economics of Island Chumash Fishing Practices”; and 11. Summary of Chumash Coastal Sites—January 2011.

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9 Questions? Thank you for your consideration. Sam Cohen Government Affairs and Legal Officer Santa Ynez Band of Chumash Indians P.O. Box 517 Santa Ynez, CA 93460 Work: 805-688-7997 Fax: 805-686-9578 scohen@santaynezchumash.org


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