We have stated that some training could be provided by commercial fishermen and certainly we would be willing to work with those interested.

We were contacted earlier this year by Ms. Sue Hvalsoe of the Bureau of Indian Affairs on the matter of providing training to Indian fishermen. We were promised a letter from her on this matter, but to date, we have heard nothing.

The California commercial salmon fishermen want to avoid the acrimony now prevalent in the Northwest where Indian and nonIndian are pitted against one another, often to the destruction of the resource.

We believe the problems of the northwest can be avoided, and again, we are willing to work with responsible reservation leaders for salmon restoration; we are willing to work with persons having reservation rights interested in entering the ocean commercial fisheries.

In light of the above, we would like to suggest the following for consideration by the subcommittee:

Concerning the Klamath/Trinity fishing regulations, the moratorium on commercial fishing on the Klamath/Trinity rivers should be maintained until the Jessie Short case is decided determining if a right exists for a commercial fishery on the river and that the majority of those having rights on the reservation approve of a commercial fishery on the river and that there exists a fishery resource sufficient to support a commercial fishery on the river. If the conditions outlined above are now met, the commercial fishery must benefit all of the members of the reservation.

If either the second or third of the conditions outlined above cannot be met, then compensation should be provided those having reservation rights to the extent compensation was not provided by the State in 1932 for commercial fishing gear.

If either the second or third of the conditions outlined above cannot be met, persons having rights on the reservation, interested in entering the commercial fishery should be provided training and assistance.

The use of gill nets for any fishery-subsistence, ceremonial or commercial-should be banned. In their place, either a wier, or fish trap, should be established, controlled by the reservation. The use of gill nets poses an extreme threat to the resource and their use cannot be adequately controlled. There is nothing traditional about a monofilament gill net.

Concerning the Klamath/Trinity restoration, a Klamath/Trinity Salmon Restoration Council should be established composed of representatives of the majority of those having reservation rights; representatives of sport fishing organizations; representatives of commercial salmon trolling organizations; and representatives of the California Resources Agency and the Department of Fish and Game. Such a council should develop restoration plans and oversee restoration efforts.

The goal of the Council should be to restore Klamath/Trinity salmon runs to historical levels. Care must be taken in such restoration efforts as to neither impact existing wild or hatchery fish, nor other marine species.

The Bureau of Reclamation should be required to insure that there are adequate water flows from their projects to sustain salmon populations to historical levels.

Notwithstanding any action taken by the Environmental Protection Agency, or any State agency, the aerial application of the phenoxy herbicides 2,4,5-T, Silvex and any other such substance containing dioxin should be prohibited over the land encompassing the Klamath/Trinity River watershed.

Concerning ocean fishery, if a commercial fishery is not permitted on the Klamath/Trinity Rivers, a program of training and assistance should be provided persons having reservation rights in entering the commercial fishery.

Such persons can be given training and assistance for the troll fishery so as to benefit from salmon restoration efforts and they should be provided, as well, training and assistance enabling them to enter the expanding trawl fishery for presently underutilized species, such as Pacific whiting and squid—fisheries made available to U.S. fishermen as a result of the passage of the Fishery Conservation and Management Act.

Concerning investigation of the Bureau of Indian Affairs, finally, we recommend that there be a congressional investigation of the Bureau of Indian Affairs, particularly concerning its actions on the Klamath. We think such an investigation should focus on fiscal matters; to what extent a tribal organization has been forced on the people of the reservation and to what extent they have been advised to participate in illegal activities.

We believe the recommendations above are consistent with those being suggested by the Klamath/Trinity River Coalition, the Secretary of the California Resources Agency and others.

One recommendation we have not made is in regards to the sport fishery on the river, and I would like to make it as an observation only. The sport fishery on the river is a hook and line fishery that can be easily regulated. It's take of salmon is insignificant compared to the total size of the resource, yet the trade created by the sport fishery is important to the maintenance of local businesses on and off the reservation owned by Indian and non-Indians alike. I would like to reiterate that we are opposed to any type of ocean closure and, further, we doubt that any such closure would add significantly to the resource. We recognize our trust relationship to the resource and look forward to working with those interested on restoring the Klamath/Trinity River salmon.

Mr. Chairman, that concludes my remarks here today. I would again like to thank the subcommittee for the opportunity provided me to testify. My organization would be happy to provide the members of the subcommittee any further information or assist

ance,

Thank you.

Mr. BREAUX. Thank you very much for your testimony, Ms. Hokman.

We would now like to hear from Mr. Ed Henke of the Klamath/ Trinity River Coalition.

STATEMENT OF ED HENKE, KLAMATH/TRINITY RIVER

COALITION, ACCOMPANIED BY ELLA NORRIS

Mr. HENKE. Thank you, Mr. Chairman, Congressman Clausen and Congressman McCloskey,

The coalition was organized to represent a broad spectrum of all user groups and we felt that we would not have a coalition if we did not have Indian representation.

I am the cochairman of the coalition and with me as a cochairperson is Mrs. Fawn Morris, a Yurok Indian. She is not able to be here today because of a death in the family.

I would like to request of Chairman Breaux that Mrs. Ella Norris be utilized in her place to address two important issues that I feel she can do an outstanding job on.

She is an 86-year-old traditional Yurok Indian and she is well respected in the Indian community and I would like her to discuss what some of the problems are if you will give me that privilege. Mr. BREAUX. Next might be a good time to bring her on. Would you like to do it as part of your testimony, Mr. Henke?

Mr. HENKE. Yes.

Mr. HENKE. I normally do a much better job on presentations extemporaneously, but I feel that because of the matter I will read my testimony on behalf of the coalition.

Mr. BREAUX. I note you have a number of pages, Mr. Henke. If you can summarize in the process, it would be helpful.

Mr. HENKE. Well, I will try to zip through and summarize portions.

Mr. BREAUX. Thank you.

Mr. HENKE. We most sincerely appreciate such an opportunity to participate in our rich democratic process. You all have come a long way to visit our beautiful Klamath and Trinity Rivers and we are much encouraged by your presence.

We are before your committee here today with one hope and aspiration, that you will go back to Washington, D.C. much better informed and with an inspired dedication to taking swift, decisive and positive action toward developing a permanent solution to these social/resource crises problems plaguing the Hoopa Valley Indian Reservation and the Klamath and Trinity River system for over a quarter of a century now.

The Klamath/Trinity River Coalition, Inc., was founded July 16, 1977, with representation from two Indian tribes from the Klamath River, Yuroks and Karoks.

The coalition has organizations and groups of local, national and international consequence as founding members and was created to help conserve and restore the salmon and steelhead trout resources of the Klamath and Trinity Rivers.

This is what we are hoping for and asking from this committee, to share our concerns and join with us in a determined dedication toward reaching these same such goals, for your committee to immediately take the appropriate and necessary steps toward gaining a lasting and permanent solution to this resource and social crisis of great magnitude.

You obviously have many concerned citizens to testify here today, so we have abbreviated our personal testimony, trying to keep it condensed and confined to the salient issues at hand as they fall within the confines of this committee's jurisdiction.

An appendix to our personal testimony has also been submitted to you covering a broader scope of the many problems, climaxed by a proposed permanent solution referred to as a negotiating platform with preservation of the fishery resource as our major goal. The following outline is respectfully submitted:

One, a commercial fishing moratorium for the Hoopa Valley Indian Reservation is an absolute necessity as an interim measure; clarify and obtain authority and enforcement; proper administration of the moratorium details.

Two, complete assessment of the resource-the fishery, the habitat, the total ecosystem, watersheds and off-shore ocean habitats. Three, systematic regulatory controls of the fishery; under that, a basin-wide plan and entire migratory habitat, active roles of the various interest-holding groups and restoration and rehabilitation of the entire watershed and habitat.

Beyond presenting you with the preceding outline, we would like to add emphasis to the very serious needs for proper implementation of the moratorium details as an interim measure, to protect this valuable fishery resource and national treasure from further reckless exploitation, to also bring to your attention, the additional law and order enforcement problems which have dramatically accelerated as a direct result of the granting of commercial fishing privileges for this reservation by the BIA, by adding the following paragraphs and statements.

The all-out commercial fishing problems crept into the picture in 1976. There were absolutely no regulations, or enforcement with representatives from the BIA claiming commercial fishing rights existed, and much after the fracas began, claimed they were evident in court decisions of 1974 and 1975. In 1977, the BIA came forth with regulations which were totally unworkable and unenforceable with absolutely no enforcement plan.

Nets were up to 1,500 feet, made of monofilament and at times stretched completely across the mouth of the Klamath River. The mouth of the Trinity was blocked as well.

In 1978 the BIA again established regulations allowing for commercial fishing. Enforcement was an impossible situation with administrative decisions on an hour-to-hour basis as to what the U.S. Fish and Wildlife Service and BIA enforcement officers should do, or not do.

The BIA Court of Indian Offenses was not even established when all of the action started. BIA regulations were voluminous and confusing as violators were let off who claimed ceremonial fishing when, in fact, the regulations didn't call for it, nor does such a traditional practice even exist for the Yurok Indians.

Enforcement was ineffective among these hard-core commercial gillnetters as evidenced by the apprehension of three men with 32 tons of salmon taken from the Klamath during the first week of the moratorium in 1978-651 salmon worth $28,000 heading for market in San Diego.

During this same week a well-known Indian commercial gillnetter had to be pulled away and restrained from Secretary Andrus during his visit to the river, telling the Secretary he would continue to fish despite the moratorium.

This same Indian was cited by the State and county of Del Norte for gillnetting on the Smith River this past December. Illegal fishing, trespassing and illegal gillnet mesh size were included in the charges.

On April 6, 1979 a justice court judge in Crescent City dismissed charges against an Indian for selling sturgeon and also being a fish dealer, failing to fill out a receipt and keeping records as required by the fish and game code of California claiming lack of jurisdiction.

We have been advised through the Indian community that even though a commercial fishing moratorium exists for the Hoopa Valley Indian Reservation, fish are being sold. Also, that several Indian commercial gill-netters are active on the Klamath River at the present time. It has been reported that one well-known gillnetter has received $40,000 from the sales of Klamath River steelhead so far this year.

The 1978 total escapement had 28,000 fewer salmon than biologists estimated was needed to maintain the runs. A few more successful gill-netters could conceivably kill off 98 percent of the entire run. In the 1956 Annual Report of the International Pacific Salmon Commission, the report states:

That a gill-net fishery is capable of taking 98 percent of a run, even in a large river, such as the Columbia or Fraser River in Canada.

The State of California recognized these dangers 47 years ago and in 1932 passed a State law which says that you cannot buy or sell salmon taken from the Klamath district.

Up until this time, commercial gill-net fishing was permitted. Both Indian and non-Indian have had to have licenses to fish, supplying the two local canneries on the river. When the State outlawed commercial fishing in 1932, Indians were compensated for their commercial fishing gear.

The allowance of commercial fishing on the Klamath River has brought with it additional civil disorders, second to none. The lower Klamath area, when things are happening, looks like a wild west show with rifles, shotguns and pistols in part on practically all commercial fishing boats as well as on the land.

People have been shot at, including sheriff's deputies; motors shot out of boats with people in them and running; many people run off the river at gunpoint; boulders rolled off of banks into boats with people narrowly escaping from drowning; shots fired over the heads of officials serving papers on those blocking the river with cables and ropes; cars being shot up, resorts, cabins and fishing camps being vandalized; power and water lines cut; sea lions shot by the dozens; people being threatened with violence bringing some vacationing women and children to the point of hysterics and panic, and on and on and on.

Why all these physical altercations between different segments of our society? Again, irresponsible action and lack of exercising their trust and moral responsibility by the BIA has helped create a great mistrust, mistrust and a total lack of credibility prevails.