Proposed transfer of jurisdiction for Tolowa Dunes State Park has ignited controversy
http://www.triplicate.com/20091105107407/News/Local-News/Dunes-transfer-raises-concerns
Critics: move to preserve hunting has ramifications
A proposed transfer of jurisdiction for 1,200 acres in Tolowa Dunes State Park has ignited controversy.
The issue began with an attempt to preserve waterfowl hunting that has been allowed for years on the land, but opponents of the transfer say it has significance beyond hunting.
The California State Parks and the Department of Fish and Game proposed the transfer to allow hunting to continue.
Due to a series of management mistakes by both agencies, waterfowl hunting has been allowed even though it became illegal after the area’s designation as a state park in 2001.
Earlier this year hunters — and state park officials — were surprised by a decision by Fish and Game to exclude hunting in Tolowa Dunes from its list of allowed sites.
Both agencies then started trying to figure out how to continue allowing hunting in the state park with hopes of resolving the issue in time for the current hunting season, said state park Superintendent Jeff Bomke.
“It’s a recreational opportunity that should be allowed to continue,” said county Supervisor Mike Sullivan. “But it’s important to make sure there are still protections in place.”
Some transfer opponents do not necessarily oppose waterfowl hunting there, but they believe there should be a public process involved and they worry that it may allow uses of the land that could have far more impact than hunting on an area of biodiversity and cultural importance.
“I am disappointed that apparently state leadership is making this important decision without any public process, since the lands being transferred are environmentally and culturally unique,” said Sandra Jerabek, Tolowa Dunes Stewards programs manager.
“The Tolowa (tribe members) have lived and worshipped and celebrated in this area for many thousands of years,” Jerabek said. They deserve better than a process based on rumors. We should be having an open public debate about this, with maps and documents, so that everyone can see what’s going on.”
Tribal officials said the land does include areas significant to the tribe.
“This is a big deal,” said Smith River Rancheria Cultural Director Marva Scott. “These are lands that have been part of our culture since time began. We’re taking direct action on it now.”
Scott did not specify what that action was.
“It is the center of our universe,” Scott said. “We’re like guardians of that place, we’re connected there spiritually. It’s not managed to our satisfaction now; how much more would be lost if this were to go forward?”
According to Smith River Rancheria Tribal Council Member Loren Bommelyn, the site in question has been on the federal registry for historical sites since the 1970s.
“It’s a part of the history of America, like the building they signed the Declaration of Independence in,” Bommelyn said. “I think that this may be why it was taken into park status to begin with. It’s our Garden of Eden.”
Bomke said that the cultural significance of the area was not being ignored, and part of the proposed transfer would make culturally significant areas off-limits to hunters.
“At this point the proposal is still being reviewed by legal staff from both agencies,” Bomke said. “We need to see if there is already a public process in place, or if one needs to be implemented.”
The issue didn’t become public knowledge until a press release was distributed by Public Employees for Environmental Responsibility (PEER), an organization that receives tips from from government workers.
“We are essentially a conduit for public employees to keep them from being whistle-blowers and getting in trouble,” said PEER Executive Director Jeff Ruch. “This information came from a State Parks employee.”
The fact that it took a State Parks employee and PEER to make the proposed transfer public has opponents claiming it was being attempted behind the scenes.
A further wrinkle is that the local State Parks department doesn’t normally work to promote hunting in parks or in general.
“The contemplated giveaway of these dune swale ponds is particularly outrageous because they are unique in the California State Parks system, and have a tribal heritage that goes back thousands of years,” said Scott Greacen, executive director of the Environmental Protection Information Center, a non-profit organization that seeks to protect endangered species and forest ecosystems along California’s North Coast.
“We were shocked to hear about this transfer because State Parks in this region is otherwise doing a good job of protecting tribal cultural resources,” Greacen said.
The PEER press release states that “Tolowa Dunes State Park and the adjoining 5,500-acre Lake Earl wetland complex provide habitat for at least 43 rare and federally and state listed species, including the peregrine falcon, brown pelican, western snowy plover, marbled murrelet, sand dune phacelia, Oregon silverspot butterfly, seaside hoary elfin butterfly, greenish blue butterfly, steelhead, and coastal cutthroat trout.”
The 1,200 acres in question encompass only state parkland, not Lake Earl, and include multiple ponds and a slough, Bomke said.
Bomke declined to comment on the seeming change of direction for a park service that is usually oriented to resource conservation
“My personal opinion is that waterfowl hunting is contrary to the State Parks’ interests and values,” Bomke said.
Roy Stearns, the State Parks’ director of communications, acknowledged hunting isn’t part of the parks’ mission statement.
“If this were a pristine park without a tradition of hunting we would not be in favor of hunting,” Stearns said.
Referring to the fact that it is a significant cultural site, Stearns said, “our ultimate goal is to maintain the status quo of historic use. Hunting has not damaged the resource or hurt the land in the past.”
“The transfer to Fish and Game is not a fait accompli,” he said. “There are still some other options. One should stay tuned because those other options are still on the table.”
Supervisor Sullivan said many local residents support hunting at the site.
“I’ve had a lot of feedback from constituents wanting this area returned to its historical use,” Sullivan said, referring to the recent history of duck hunting there.
The issue may not be resolved for this hunting season.
“Who has the jurisdiction to issue the permit is the question,” said California Coastal Commission planner Jim Baskin. “If the land to be transferred spans the high tide line, it arguably falls under the jurisdiction of the Coastal Commission. If it doesn’t, then the county would have to issue the permit.”
According to Baskin, the Coastal Commission is issuing a letter to all agencies concerned expressing the requirement for a permit.
“We still have to figure out who is responsible for issuing the permit,” Baskin said.
The Board of Supervisors recently voted unanimously to send a letter to Fish and Game and State Parks expressing how important waterfowl hunting was for local residents.
Jerabek noted that if the county chose to issue a permit, that action could be appealed to the Coastal Commission.
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