Siskiyou sheriff's
life-and-death rhetoric alarms
tribes, environmental groups
Redding Searchlight on Nov. 6th,
2011 by
Ryan Sabalow
YREKA — At a recent rally of at
least 700 farmers, tea party
members and conservative
activists, Siskiyou County
Sheriff
Jon Lopey
spoke in almost revolutionary
terms, framing the actions of
federal and state regulators as
threats the county's livelihood.
His message drew hearty applause
from the audience, many of whom
feel literally under attack. But
it worries American Indian tribe
members, fisheries regulators
and environmentalists in a legal
and policy fight to protect
salmon. They say the rhetoric
might inflame a tense situation,
leading to possible retaliation
from those who might take
Lopey's message too far.
Lopey, a retired Army Reserve
colonel who served in
Afghanistan, likened efforts at
dam removal and restrictions on
irrigation water and access to
public forest land to friendly
fire. The crowd cheered when he
said he was sworn to protect the
U.S. Constitution and the
citizenry from all enemies,
"both foreign and domestic."
"We are, right now, in a fight
for our survival," he told them.
"We are fighting not only for
ourselves. More importantly,
we're fighting for the survival
of our counties, of our local
communities and our children and
our grandchildren. If we don't
save things like agriculture and
we let them take our water and
land and push us off, we won't
have any public safety. We'll
have no quality of life. We'll
have nothing."
At his side were seven other
sheriffs from Northern
California and Southern Oregon,
including those representing
Shasta, Tehama and Trinity
counties. Each later echoed
Lopey's concerns that
environmental regulation is
causing a direct threat to their
constituents' safety.
'A potential for violence'
The sheriffs' life-and-death
rhetoric alarms and frustrates
those on the other side of the
debate, who say their push to
protect threatened coho salmon
runs by removing dams along the
Klamath River and changing water
use practices on its Scott and
Shasta rivers tributaries
already had led to tense
situations before the tone of
the debate changed and the
sheriffs got involved.
Now, they're worried the heated
talk could lead to retaliation
or intimidation from those who
believe they have the support of
the counties' top law
enforcement leaders.
"Any time people feel like they
have backing from local elected
officials, it's more intense,"
said Molli White, a Karuk Tribe
member and representative of the
Klamath Justice Coalition. "I
think there's definitely a
potential for violence."
Even before the tone of the
debate grew so heated, tribal
members made sure never to drive
around some parts of Siskiyou
County in vehicles showing the
tribal insignia out of fear
they'd be harassed, she said.
State game wardens say they,
too, have been getting "vague"
threats for at least a year,
although so far no one has acted
on them.
At least one Scott Valley
rancher, 59-year-old Mark Baird,
says he and others are willing
to take things "as far as the
state wants to take it," in
their fight to protect their way
of life, although he said he
hopes it doesn't escalate to
violence.
"The coho is being used to
destroy our economy and our way
of life just the way the spotted
owl was used," Baird said.
"They're not going to do that
here. The people here will fight
for their property. Period. ...
How far are we willing to go?
That's up the government. How
far do they want to push it?"
Lopey defends remarks
Lopey says he's actually
striving to "defuse the
tension."
"What I'm doing — what all we're
trying to do — is avert violent
confrontations," Lopey said.
He said he's merely trying to
raise awareness and make state
and federal regulators heed his
county's concerns and coordinate
with local officials when they
hash out and implement their
plans, as required by law.
He lists off a litany of ways he
believes federal and state
fisheries officials have
violated locals' rights since he
took office in 2010. These
include, he said, entering
ranchers' properties without
search warrants, intimidating
them and "stealing" their
constitutionally protected right
to their deeded water.
As an officer charged with
protecting public safety, he
says he's worried the
"ridiculous, stupid policies
forced upon" his community based
on what he believes to be poor
science will balloon his
county's already high
unemployment rates. If that
happens, he says, he sees crime
and drug use raging out of
control as more jobs are lost
and the tax base that pays for
his deputies shrinks.
He said the agencies and
regulators need to understand
what's at stake in his county,
where the timber-based economy
already was decimated in the
mid-1990s in a fight over
logging spotted owl habitat.
Now, it's fish the environmental
groups value more than
hardworking people's
livelihoods, Lopey said.
"I love fish and wildlife. I'm
an outdoors guy, but I care more
about my people in my county
than the fish," Lopey said. "
... Frankly, I contend these
farmers are the best
conservationists. They do a
better job at conserving the
land than a lot of these other
groups."
DFG director rebuffs lopey
Although he says federal
agencies also are violating his
county's rights, the largest
target of Lopey's ire is the
state's Department of Fish and
Game.
Responding last month to a
letter Lopey had sent demanding
the agency coordinate with
Siskiyou County officials, DFG
Director Charlton H. Bonham
bluntly rebuffed Lopey's legal
assertions that the DFG has an
obligation to consult with local
officials on "all programs,
activities or projects that
could impact Siskiyou County's
economy or social programs."
"The department must protect and
preserve the fish and wildlife
resources of the state for the
benefit of all of the public and
future generations," Bonham
wrote. "This requirement is
reflected in numerous provisions
embodied in the California
Constitution, many statutory
provisions and in judicial
decisions rendered throughout
the state's history. I
understand you may object to
resource protection laws under
policy grounds, but as a law
enforcement matter, the
department looks forward to your
continued cooperation as an
officer of the law."
Bonham also sent a copy of his
letter to Siskiyou County's
attorney, Thomas P. Guarino.
DFG Assistant Chief Mike Carion
said his wardens have heard of
"vague threats" for about a
year, although not from a
particular person or group. He
said the rhetoric has
intensified and grown more
politically charged during that
time, making wardens' jobs more
difficult.
Because wardens are charged with
enforcing laws that protect
fish, they've been trying to
find a way to get ranchers and
farmers to use irrigation water
in ways that don't drain the
salmon-sustaining Scott and
Shasta rivers dry when the fish
need it most, he said.
"We're not looking to take
people to jail," Carion said.
"We're just trying to get them
into compliance (with the law)."
Compounding the challenges,
Carion said, wardens also are
taking legal heat from all
sides, having been sued by both
the farmers and environmental
and fisheries groups over the
DFG's water-diversion
enforcement policies. The
farmers contend the DFG is being
too strict. The coho groups
allege the agency isn't
regulating enough.
Both cases are pending.
'Blatantly obvious' where
Lopey stands
Erica Terence, conservation and
executive director of
Orleans-based Klamath
Riverkeeper, said fish are
protected under laws and
constitutional statutes,
something she thinks Lopey and
his fellow sheriffs choose to
forget.
She said that while no one wants
to see the farmers lose their
livelihoods, others' livelihoods
also are at stake in the fight
over coho, including commercial
and recreational fishermen and
the tribes who harvest the
salmon that come down the
Klamath from the Scott and
Shasta rivers.
"The bottom line is everybody's
got to follow some rules,
including in Siskiyou County,"
Terence said.
Lopey's politically charged
speech follows a pattern of
intimidation toward people who
don't share the county leaders'
point of view, seeming to
"elevate the rights of some
people over the rights of
others," she said.
"That doesn't seem American to
me," Terence said.
She said she and other
environmentalists worry Lopey
and his deputies won't enforce
the laws with which they
disagree. That includes
protecting the environmental
groups when they voice their
opinions.
Before an August public meeting
in Fort Jones, she said, wardens
told her they'd provide security
because they didn't think
Lopey's deputies would defend
the environmentalists if a
confrontation broke out "because
it's so blatantly obvious the
sheriff has taken a very
political stand."
Lopey called that allegation "a
blatant, unprofessional, very
inaccurate statement" from an
"activist group" his deputies
have investigated for
trespassing on farmers' land to
take pictures of their water
diversions.
"I will protect the rights of an
environmental activist so long
as they are following the law,"
Lopey said.
Lopey said he wants to have a
good working relationship with
fisheries managers and wardens,
but it's up to them to
coordinate with him to discuss
what's in the best interest of
his community.
"I'm trying to defuse the
tensions," Lopey said. "I'm
trying to listen to everybody's
views. But these federal and
state agencies, they don't get
it. They're not listening."
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