The Santa Ynez Band
of Chumash Indians
Central and South Coast
MPA’S and Failure to
Consult with California
Tribes
April 13, 2016
Sam Cohen, Government and
Legal Specialist
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: [email protected]
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.
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: [email protected]
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.
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).
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
TO:
Mr. Sonke Mastrup, Executive Director, DF&G/F&G Commission
FROM:
Sam Cohen
RE:
Chumash Cultural and Ceremonial Exemption Under MLPA
DATE:
October 12, 2011
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.
In support of such exemption, the Chumash provide the following documentation:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Summary of our August 5, 2011 meeting regarding an exemption;
Santa Barbara County Marine Conservation Areas and Parks;
Chumash cultural and ceremonial gathering list;
Possible additional provisions to gathering list;
Chumash fishing and gathering text from the Santa Barbara Museum of
Natural History website;
Chumash towns at the time of European settlement;
“The Origins of a Pacific Coast Chiefdom, The Chumash of the Channel
Islands”;
“Ethnohistoric and Archaeological Evidence for Chumash Use of Marine
Plants”;
“A Review of the Analysis of Fish Remains in Chumash Sites”;
“The Economics of Island Chumash Fishing Practices”; and
Summary of Chumash Coastal Sites—January 2011.
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
[email protected]