[HN Gopher] Three NorCal Tribes Announce Nation's First Indigeno...
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       Three NorCal Tribes Announce Nation's First Indigenous Ocean
       Protection Area
        
       Author : genter
       Score  : 53 points
       Date   : 2023-09-22 20:12 UTC (2 hours ago)
        
 (HTM) web link (lostcoastoutpost.com)
 (TXT) w3m dump (lostcoastoutpost.com)
        
       | gatvol wrote:
       | Agree with the ecological preservation objectives, hard disagree
       | with handing over of sovereignty, whatever that actually means,to
       | a group based on their ethnicity / ancestry.
        
         | hypeit wrote:
         | They're indigenous, nothing is being "handed over" it's land
         | that they were forced to live on when they were forced of their
         | original land in the area. They already have sovereignty.
        
           | arcticbull wrote:
           | A lot of people were forced to leave a lot of land all over
           | the world. Borders shifted constantly within Europe. People
           | were constantly expelled and relocated. Now of course they
           | shouldn't have been, but that was a long time ago and we've
           | generally agreed not to do that anymore.
           | 
           | Should former Roman land be given to the Italians? Should the
           | Louisiana purchase be undone because it was the result of a
           | military defeat in the Napoleonic Wars? Should the non-first-
           | nations parts of California be returned to the Mexicans
           | because it was ceded in the Mexican-American War under the
           | Treaty of Guadalupe Hidalgo? What framework do you propose we
           | use to decide which land is worthy of sovereign rule - and
           | which isn't? Which groups are worthy of sovereignty, and
           | which aren't, and on what basis?
           | 
           | I think all groups should be represented within the
           | government and there's no reason to revisit the question of
           | sovereignty because there's no framework that makes sense.
           | There's no easy place to stop that isn't totally arbitrary.
        
             | rfwhyte wrote:
             | To take things a step further, all the various North
             | American indigenous groups have been waring, slaving and
             | migrating their way across the continent for millennia,
             | just like every single other people group on earth for all
             | of history, so it's almost certain that whatever indigenous
             | "Nation" is claiming a given piece of land "Stole" it from
             | some other indigenous "Nation" at some point in the past,
             | yet we never hear them talking about returning "their" land
             | to those "Rightful owners" do we?
        
         | zopa wrote:
         | Tribes were sovereign, signed treaties that enshrined
         | sovereignty--within limits,to be sure--and continue to exercise
         | that sovereignty. Nothing is being handed over, it's always
         | been there.
         | 
         | Interestingly the idea that tribal membership is based on
         | ancestry originated with Europeans and (white) Americans, more
         | than native tribes. Historically (generalizing wildly), tribal
         | membership is about citizenship in a community much more than
         | it is about who ones' grandparents were. Blood quotient was a
         | US legal concept that reflected the American fondness for
         | racial categories. A Navajo friend has Scottish and Arab
         | ancestors who'd married into the tribe, just to give an
         | example. Or check out _The Unredeemed Captive_, for a practice
         | that would make no sense if tribal membership were racial.
         | 
         | Communities often want to continue as communities, in a way
         | that's only possible with self-determination. That can land as
         | either a left- or a right-flavored interest, depending on who's
         | asking and the overall context. But it's too big a part of
         | human nature to brush aside.
        
         | krapp wrote:
         | Native tribes are and have always been sovereign entities, that
         | didn't end with European colonization. The degree to which the
         | US government acknowledges this has varied over time,
         | obviously, but as recently as the SCOTUS case on the Indian
         | Child Welfare Act (Haaland v. Brackeen[0,1]), it has at least
         | recognized that sovereignty exists.
         | 
         | [0]https://www.scotusblog.com/case-files/cases/haaland-v-
         | bracke...
         | 
         | [1]https://www.ncsl.org/state-legislatures-
         | news/details/supreme...
        
         | jker wrote:
         | A close read of the statement suggests that this is more of a
         | feel-good thing and not much to worry about. If those tribes
         | get actual sovereignty over those waters, they'll soon find
         | them full of Chinese fishing trawlers.
        
         | dragonwriter wrote:
         | > Agree with the ecological preservation objectives, hard
         | disagree with handing over of sovereignty, whatever that
         | actually means,to a group based on their ethnicity / ancestry.
         | 
         | I'm sure many people in the various tribes object to the
         | handing over of _most_ of their sovereignty over to the USA
         | based on the guns held to their head (and where land was
         | retained, it often being not merely a small subset of their
         | land, but often _completely different and worse land_ ) but
         | their vigorous excercise of the sovereignty they retain is not
         | a "handing over" of anything to them "based on their
         | ethnicity", even to the extent that there is a rearrangement of
         | sovereign rights between the three relevant sovereigns (state,
         | federal, and tribal) such that there is something being handed
         | over at all.
        
         | TinkersW wrote:
         | I grew up in the area, those shores aren't tribal lands other
         | than a few tiny bits. And most of it is already preserved
         | shore/ocean, so this just appears to be a land grab attempt.
         | 
         | I agree that this area should be protected, but giving it to a
         | few people based on ancestry is ridiculous.
        
           | constantly wrote:
           | Out of curiosity how far back are you choosing to go to
           | designate something as a tribal land?
        
         | markisus wrote:
         | Isn't this how most nations work? If one's parents are
         | American, they inherit all the rights due to Americans,
         | including the ability to run for political office. This gives
         | the descendants of Americans sovereignty over a chunk of land
         | in North America known as the United States.
        
       | lacker wrote:
       | In the California part, most of this area is already parkland.
       | Redwood National & State Park, Del Norte Coast State Park, Tolowa
       | Dunes State Park.
       | 
       | The Resighini Tribe is about 40 people, Tolowa Dee'ni is about
       | 110 people. The biggest one is Cher-Ae Heights, 130 people. The
       | largest tribe in the area is the Yurok, around 3000 people. So
       | this is just a small subset of the local indigenous groups making
       | this declaration.
       | 
       | These smaller tribes talk about conservation and the environment,
       | but their main activity is running this casino:
       | 
       | https://www.funattheheights.com/
       | 
       | I do think it is important to preserve the natural beauty of
       | Northern California, but I think the state and national park
       | systems are doing a pretty good job of it, and I wouldn't want to
       | turn the parks over to some local casino operators.
        
       | zopa wrote:
       | https://archive.ph/pDyh7
        
       | pphysch wrote:
       | Does this mean the tribes are basically (unilaterally?) claiming
       | economic rights over these waters?
       | 
       | It's not clear from this article if this statement is explicitly
       | supported by the CA gov.
        
         | dheera wrote:
         | I mean, they were here before the CA gov, it's just that the CA
         | gov has more firepower, tasers, and handcuffs, so we listen to
         | them.
         | 
         | Otherwise I wish the natives would give us some tax cuts too.
        
           | pphysch wrote:
           | I'm not taking sides, I'm trying to understand the politics
           | of this announcement.
        
             | peyton wrote:
             | I think they run the casinos up around Redwood.
        
             | genter wrote:
             | I'm trying to understand it too.
             | 
             | > We do not seek the permission of other governments
             | 
             | > these waters are also claimed by the State of California,
             | who through its California Natural Resources Agency
             | Pathways to 30x30: Accelerating Conservation of
             | California's Nature Report, support the concept of
             | Indigenous Marine Stewardship
             | 
             | So I guess the State of California theoretically supports
             | IMSAs, but does the state support this one? Does the state
             | need to approve an IMSA for it to be official? Or are
             | tribes independent enough that they can just declare it?
        
         | jker wrote:
         | The statement notes that the waters are "also claimed" by the
         | California state government, which "supports the concept" of
         | tribal stewardship. This whole thing seems pretty
         | insubstantial.
        
         | happytiger wrote:
         | Good question. I have no idea. I doubt there is precedent!
         | 
         | And I can't wait to see how this gets legally tested -- native
         | rights haven't been properly respected and these kinds if tests
         | are deeply important in restoring rightful sovereignty and
         | tribal agency to our hosts and neighbors.
         | 
         | I'm chuckling as I imagine they're going to do a better job of
         | protecting and managing the Earth than the government of
         | California and Oregon have done over the last 150 odd years.
        
         | redavni wrote:
         | "We do not seek the permission of other governments and can no
         | longer wait to act to preserve and protect this culturally and
         | ecologically important place"
         | 
         | This is SOP for California politics. CA jurisdictions have been
         | ceding territory to Indian tribes for a while. This is purely
         | an economically motivated cash grab layered under miles of
         | politically correct double-speak. There is an indian tribe in
         | Montana that has a massive coal mine that wanted to run a rail
         | line to a port through the area that was shut down last year.
         | This is possibly another strategy to do the same thing.
        
           | genter wrote:
           | I don't know what economic value this part of the ocean has.
           | There aren't any fish left. We're currently in the planning
           | stage of a wind farm here, but that's in deeper water outside
           | of this zone.
        
           | zopa wrote:
           | Sure but also;
           | 
           | > and be it further resolved, these waters are also claimed
           | by the State of California, who through its California
           | Natural Resources Agency Pathways to 30x30: Accelerating
           | Conservation of California's Nature Report, support the
           | concept of Indigenous Marine Stewardship
           | 
           | Do you have any evidence pointing towards this being a money
           | grab? That's a serious accusation.
        
       | genter wrote:
       | Note that this includes the mouth of the Klamath River, which is
       | currently undergoing a major restoration project:
       | https://news.ycombinator.com/item?id=37338753
        
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       (page generated 2023-09-22 23:00 UTC)