MEETING SUMMARY
of the
VIRTUAL TOUR AND PUBLIC COMMENT SESSIONS
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
December 3 and 4, 2001
Seattle, Washington
Meeting Summary Accepted By:
Charles Lee
Designated Federal Officer
Peggy Shepard
Acting Chair

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CHAPTER TWO
VIRTUAL TOUR AND
PUBLIC COMMENT PERIOD
1.0 INTRODUCTION
On December 3rd, 2001, a "virtual" tour of local sites
with environmental justice concerns was presented
to the members of the National Environmental
Justice Advisory Council's (NEJAC) Executive
Council. The tour was intended to provide to the
NEJAC information that is representative of the
environmental concerns of local communities in the
Seattle region. Individuals representing communities
in Washington, Oregon, Idaho, and Alaska discussed
their concerns about fish consumption and
contamination.
The Executive Council of the NEJAC also held one
public comment period on December 4, 2001.
During the session, 29 individuals offered comments.
This chapter presents summaries of the testimony
the Executive Council of the NEJAC received during
the virtual tour, the public comment period, and the
comments and questions that the testimony
prompted on the part of the members of the
Executive Council. Section 2.0, Virtual Tour Held on
December3,2001, summarizes presentations made
on fish consumption and contamination. Section 3.0,
Public Comment Period Held on December 4th,
2001, summarizes the testimony offered on that date
related to fish consumption and water quality. It also
summarizes the dialogues between presenters and
members of the Council that followed those
presentations.
2.0 VIRTUAL TOUR HELD ON
DECEMBER 3, 2001
Five individuals presented information during the
virtual tour; their presentations are summarized
below.
2.1 Frank Roberts, Coeur d'Alene Tribe, Idaho
Mr. Frank Roberts, Coeur d'Alene Tribe, Idaho,
explained to the members of the Executive Council
that he had worked with the Coeur d'Alene tribe for
10 years, performing GIS work and developing
baseline information about the contamination and
consumption offish in the tribal region. Waterways
on which members of the tribe depend for
subsistence living are being contaminated with
heavy metals and lead from strip mining operations,
he said. The elders are passing away, he explained,
and, because members of the tribe cannot live off
the land's resources, the tribe's traditions and culture
are disappearing with the elders. Fewer than five
remaining members of the tribe speak the native
language, and the tribe's legacy soon will be lost,
declared Mr. Roberts. In closing, Mr. Roberts
pointed out that the government protects
endangered species and plants, but is not doing
anything to preserve the well-being of the
"endangered" Coeur d'Alene tribe.
Ms. Savonala Home, North Carolina Association of
Black Lawyers and chair of the Enforcement
Subcommittee of the NEJAC, asked Mr. Roberts
about the loss of heritage and culture among the
Coeur d'Alene people. Mr. Roberts replied that,
since the advisories tell people not to eat fish, the
people must purchase their food in stores. That
practice adversely affects the culture, he explained,
because people are not exposed to nature and tribal
heritage. It also creates a "generational disconnect,"
he stated. Mr. Roberts then pointed out that it is not
difficult to obtain money for performing studies of
contamination, but it is difficult to obtain money for
studying cultures and for preserving those cultures.
2.2 Daniel Morfin, Farm Worker, Granger,
Washington
Daniel Morfin, farm worker, Granger, Washington,
who reported that he has worked in the agriculture
industry for more than 20 years, stated that many
farm workers suffer from ailments caused by
exposure to pesticides. The water quality in
Washington is poor, he continued, and many canals
in the Aquemine Valley are polluted. Thousands of
gallons of herbicides and pesticides are applied to
the land, he stated; those materials can travel for
miles and pollute rivers far from the source of
contamination, he pointed out. Orchards often are
located near towns and cities, he added, where
population density is high. A recent medical study
conducted among residents in the valley had
revealed thatthe rates of respiratory ailments among
those residents are among the highest in the nation,
continued Mr. Morfin. Laws that are intended to
protect farm workers are not enforced, he declared.
Farm workers have tried to alert agencies about the
harmful pesticides that are being used, he continued,
but the agencies have not taken action.
Mr. Morfin stated that in Oregon and Washington,
more chemicals are used for agriculture than any
other states in the nation. Farm workers are the only
people who know exactly which illegal chemicals and
mixtures of chemicals are being used and stored, he
claimed. Those farm workers are the only people
who will tell agencies the truth, he emphasized,
because they have no reason to lie. Mr. Morfin said
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reiterated that regulatory agencies continue to
neglect to take action.
Ms. Wilma Subra, Louisiana Environmental Action
Network and member of the Air and Water
Subcommittee of the NEJAC, asked Mr. Morfin
whether the pesticides that farm workers are using
are illegal or whether it is the mixing of the pesticides
that is illegal. Mr. Morfin replied that some of the
pesticides in use have been banned by the federal
government, and the mixing of the pesticides is
illegal, as well. In addition, he asserted, families are
being exposed to the chemicals, and many
communities are located along fields that are treated
by aerial spraying. Children living in those rural
areas exhibit high levels of exposure, he declared,
and asthma rates are elevated. Salmon in the
Columbia River are contaminated with DDT, he
stated. Mr. Morfin then said that farm workers often
have advance notice of inspections, so they remove
labels from the tanks in which chemicals are stored
so that inspectors will not be able to determine what
chemicals are present. Mr. Larry Charles,
ONE/CHANE Inc. and member of the International
Subcommittee of the NEJAC, pointed out that there
are similar cases throughout the country. The
NEJAC should make an effort to influence EPA to
address such issues, declared Mr. Charles. He then
suggested that Mr. Morfin attempt to contact the
regional administrator of EPA to solicit the agency's
assistance.
2.3 Jeri Sundvall, Environmental Justice Action
Group, Portland, Oregon
Explaining that when her tribe lost its status as a
federally-recognized Indian tribe in 1954, Ms. Jeri
Sundvall, Environmental Justice Action Group,
Portland, Oregon, stated that it's members were
expected to assimilate into the general population.
Although the tribe's status was reinstated in 1986,
she continued, it had been "robbed of its heritage."
Portland is affected by issues related to water, she
explained, and contamination has created a
Superfund site on the banks of the Willamette river.
Fishermen are developing cancers, she stated, and
Native American fishermen are more susceptible
because their rate of consumption of fish is high.
There is a "large disconnect" between Native
Americans and regulatory agencies, she pointed out.
Ms. Sundvall informed the members of the NEJAC
that her tribe currently is fighting a proposal for the
development of a highway through their community.
The issue is an environmental justice issue, she
stated, explaining that air quality in the community
already is poor. The rate of asthma in her
community is much higherthan the national average,
she continued, but the asthma rates are much lower
in the affluent section of southwest Portland. The
U.S. Federal Highway Administration currently is
examining models prepared by the state that predict
that air quality will improve by 40 percent in the
future, she explained, noting that those data are
being used to generate support for the new highway.
The problem with the models, she claimed, is that
the models assume that nonexistent, efficient
technologies will be implemented in the future. It is
not logical to base data on such assumptions, she
stated.
2.4 RosemaryAhtuangaruak, Inupiat Community
of Arctic Slope, Barrow, Alaska
Speaking on behalf of the Native Village of Nuiqsut
of Barrow, Alaska, Ms. Rosemary Ahtuangaruak,
Inupiat Community of Arctic Slope, Barrow, Alaska,
explained to the NEJAC that contamination of water
caused by the operations of the oil industry is a
serious problem in rural Alaska. There are 229
federally recognized tribes in the state, she pointed
out, and issues related to environmental justice just
recently have begun to be addressed. State
agencies often value profit over tribal beliefs and
views, she asserted. Only 500 people live in her
village, she explained, and their views often are
overlooked. Industry representatives typically have
the resources to perform studies and analyses, she
emphasized, and the results often are misconstrued.
For example, she stated, federal agencies say that
fish taken from local waters are safe to eat, but those
agencies do not account for the high consumption
rates of fish among Native Americans. She
explained that Native Americans consume parts of
the fish that are more contaminated than other parts;
the studies do not account for that practice, she
noted.
Ms. Jana Walker, Law Office of Jana L. Walker and
member ofthe Indigenous Peoples Subcommittee of
the NEJAC, asked Ms. Ahtuangaruak about the
status of fish advisories in Alaska and what
recommendations have been made about cod. The
advisories recommend the consumption of no more
than six cod per year, she replied, adding that fish
advisories are announced in relation to the actions of
the U.S. Department of Defense (DOD). The
quantity and quality of fish are declining, she
continued, and their fat content is lower than it was
in the past.
Mr. Charles then pointed out that the NEJAC would
be much more effective if it could influence the way
EPA acts, as opposed to focusing on the small
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issues brought before it. Ms. Ahtuangaruak asked
the NEJAC how she can gain access to the
resources that the NEJAC has at its disposal. Ms.
Annabelle Jaramillo, Benton County Board of
Commission and chair of the Air and Water
Subcommittee of the NEJAC, replied thatthe NEJAC
does not necessarily have resources. She explained
that the NEJAC can advise EPA to enforce existing
laws, because the laws should have an equal effect
on all communities.
2.5 LeeTanuvasa, Korean Woman's Association,
Tacoma, Washington
Mr. Lee Tanuvasa, Korean Woman's Association,
Tacoma, Washington, informed the councilthat, with
the assistance of funding from EPA, his organization
is conducting a study to determine whether it is safe
for Asian Pacific Islander communities to consume
shellfish. In such communities, consumption offish
is part of the everyday diet, he added. Mercury
contamination in fish is the principal problem. The
language barrier poses a significant problem to
informing residents about the dangers of consuming
some shellfish, he pointed out, adding that there is a
need to provide more education to the communities.
Mr. Tanuvasa requested advice about the most
effective way to present the findings of the study to
communities.
3.0 PUBLIC COMMENT PERIOD HELD ON
DECEMBER 4, 2001
This section summarizes the comments presented to
the Executive Council during the public comment
period held on December 4, 2001, along with the
questions and observations those comments
prompted among members ofthe Executive Council.
Comments are summarized below in the order in
which they were offered.
3.1 Dr. Mildred McClain, Citizens for
Environmental Justice, Savannah, Georgia
Dr. Mildred McClain, executive director of Citizens
for Environmental Justice, Savannah, Georgia,
submitted a written statement to the members ofthe
Executive Council. In that statement, Dr. McClain
stated that, despite numerous revisions, the fish
advisory that was issued for Georgia and South
Carolina several years earlier remains at a
"disconnect" from citizens who frequently fish in
waterways in Georgia and South Carolina. The
outreach activities ofthe South Carolina Department
of Health and Environmental Control, the Georgia
Environmental Protection Division, and the
Savannah River Community Advisory Board, have
"failed to substantially inform economically
challenged individuals," the statement continued.
Advisories often are written only in English, the
statement pointed out, and signs are not posted in
many of the popular fishing locations. When fact
sheets and guides are written, community
involvement is not encouraged, wrote Dr. McClain;
such documents therefore often present information
in a way that is ineffective.
Dr. McClain's statement also pointed out that African
Americans in Georgia and South Carolina are
concerned about the cumulative effect of the
consumption of contaminated fish with other
vulnerabilities. She explained that citizens are
concerned about the close proximity of water bodies
to industrial operations and federal facilities. A more
aggressive educational and outreach program must
be implemented, wrote Dr. McClain. In summation,
Dr. McClain recommended in her statement that the
pollution of water bodies by industry and military
entities be reduced and that communication of risk to
the public be enhanced. In addition, minority
communities should be involved in research, and
easy to understand toxicological profiles of
contamination in water bodies should be developed,
the statement suggested.
3.2	Chief Johnny Jackson, Columbia EPED,
Underwood, Washington
Chief Johnny Jackson, Columbia EPED,
Underwood, Washington, explained to the members
of the Executive Council that he lives along the
Columbia River and that all the members of his
family are fishermen. He stated that, 15 years
earlier, he had taken from that river a fish that had no
eyes. People today are dying of cancer and
diabetes, he continued. The soil, water, and air
along the river must be cleaned, he declared,
because the residents are suffering. People in the
region have been unable to obtain from state
agencies information about the source of the
problems, he stated. Fishing is an integral part of life
for his community, Chief Jackson emphasized, and
the issues of contamination are an environmental
injustice, he declared.
3.3	Barbara Harper, Tyakama Nation, Yakima,
Washington
Ms. Barbara Harper, toxicologist and environmental
health scientist for the Tyakama Nation, Yakima,
Washington, submitted to the members of the
Executive Council a written statement about the
water quality of the Columbia River. In the
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statement, Ms. Harper explained that she has been
evaluating the health consequences of consumption
offish taken from the polluted Columbia River.
Tribes living along the Columbia River have lived in
the Columbia Basin for more than 10,000 years, and
salmon always have been a part of the diet, culture,
and religion of those tribes, the statement pointed
out. Tribal members historically ate two to three
pounds offish per day, and treaties between federal
and tribal governments were intended to ensure that
tribes could continue to live their cultural lifestyle,
she explained. Today, maintenance of a traditional
diet offish would be lethal, she pointed out, because
data collected recently indicate that there are high
levels of contaminants in those fish. Ms. Harper's
statement asserted that the issue is one of
environmental justice, as well as a matter of treaty
rights and federal trust responsibility.
The statement then pointed out that a lack of
technical knowledge among tribal members causes
the misinterpretation of risk assessments and fish
advisories. When evaluating the health effects of
contamination, it continued, existing health
disparities must be considered. For example, Ms.
Harper's statement continued, tribal members eat
more fish than non-Native Americans.
Consequently, tribal members may be more
sensitive to contamination physiologically, the
statement emphasized. Fish advisories do nothing
to address the problem, the statement declared; the
burden of point and non-point source pollution
therefore must be reduced. Ms. Harper pointed out
that contamination is not a necessary part of
progress or global economic expansion, and tribal
people regard contamination as an attack on their
cultural resolve. In conclusion, the statement
pointed out that tribal members will continue to eat
contaminated fish because doing so is an element of
their culture and religion.
3.4 Marcia Henning, Washington Department of
Health, Olympia, Washington
In September 2001, a section of the Duwamish River
in Seattle was declared an EPA Superfund site, Ms.
Marcia Henning, Washington Department of Health,
Olympia, Washington, reported. The Agency for
Toxic Substances and Disease Registry (ATSDR)
currently is preparing a public health assessment of
the river, she continued. To determine how people
are exposed to toxins in the river, community
members were contacted about fish consumption
habits, she explained. Initial outreach efforts
indicated that many immigrant and refugee people
eat fish and crabs from the river, she continued.
Those residents often fish without obtaining a
license, she said, and agencies must reach out to
such communities to educate community members
about environmental health issues. However, such
individuals often distrust government agencies, she
explained. Training members of the community to
conduct interviews and translate materials therefore
is an effective way to gather information, she said.
Ms. Henning added that when working with
immigrant groups, Mr. Alan Rammer, aquatic and
marine educator for the Washington Department of
Fish and Wildlife, offers several strategies for
success. The strategies involve identifying a
respectful approach to sharing crucial information
with communities, knowing the resource limitations
of the agency involved, keeping promises and
fulfilling commitments, asking for the views of
communities, and building honest relationships, she
explained. In closing, Ms. Henning emphasized that
community outreach and education are essential
components of the health assessment process.
3.5	Tom Miller, Columbia River Inter-Tribal Fish
Commission, Portland, Oregon
Stating that his organization provides legal
assistance to four Native American tribes, Mr. Tom
Miller, Columbia River Inter-Tribal Fish Commission,
Portland, Oregon, explained to the members of the
Executive Council that, 146 years earlier, the tribes
ceded most of their land in the Pacific Northwest to
the federal government. The government has not
honored the agreement, he stated. Because of
contamination of waterways, he pointed out, tribes
today are harvesting less than one percent of their
historical salmon take. If tribal members continue to
eat salmon at the historical rate of two to three
pounds per day, they would die because of the
hundreds of contaminants in the rivers, he asserted.
Tribes bear a disproportionate share of the
conservation burden, he added. Mr. Miller
concluded his statement by pointing out that the
federal government recently had authorized a $500
million effort to remediate polychlorinated biphenyls
(PCB) in the Hudson River. He expressed the hope
that a similar effort will be undertaken in the Pacific
Northwest.
3.6	Joanne Bonnar Prado, Washington
Department of Health, Olympia, Washington
Ms. Joanne Bonnar Prado, Washington Department
of Health, Olympia, Washington, explained to the
members of the Executive Council that she currently
was assisting in the development of a
communication strategy for fish advisories. She
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explained that the goal of the effort was to identify
and understand communities predominantly affected
by the issuance of advisories. It also is imperative to
promote the reduction of sources of pollution to
ensure the health of communities, she added. In
addition, she continued, dietary considerations
should be taken into account when the need for an
advisory is assessed.
3.7	Enoch E. Shiedt, Maniilaq Association,
Kotzebue, Alaska
Stating that he was speaking for the northwest arctic
region, Mr. Enoch E. Shiedt, Maniilaq Association,
Kotzebue, Alaska, explained that the people of
Kivalina, Alaska, are concerned about the health of
the Wiluk River because of contamination from a
nearby mine. Trout in the river have become
increasingly scarce, he said, and levels of mercury
are rising. Contaminated water and the decline of
fish populations in the river forces community
members to supplement their source of food, he
continued, and people are unable to rely on their
subsistence lifestyle. Food sources that once were
plentiful are becoming delicacies, he said. As a
result, he explained, people are becoming
malnourished because they must rely on sources of
food that originate in the Western world.
Mr. Shiedt declared that the culture and heritage of
Eskimos is disappearing. Eskimos kill, hunt, and
trap only the wildlife they need, he explained, and all
parts of an animal are used. Inability to harvest
game from the natural environment makes it difficult
to pass along traditions, he added. Elders are willing
to pass along information about the life they
historically led, as well as about what they have
learned from past generations, he added, but many
young people do not wish to learn about their past
history. With the decline in water quality and fish
populations, the people of the northwest arctic region
can be considered an endangered species
themselves, Mr. Shiedt stated.
3.8	Art Invanoff, Native Village of Unalakleet,
Unalakleet, Alaska
Mr. Art Invanoff, Native Village of Unalakleet,
Unalakleet, Alaska, stated that the contamination of
subsistence food is a primary concern among tribal
members. Subsistence lifestyle is not a derogatory
term, he explained, and should not be associated
with the poor. It is a spiritual and social lifestyle, he
pointed out, and harvesting involves a sharing of
tribal heritage with elders. Improving the integrity of
aquatic ecosystems is a daunting task, he said, but
tribes must work together with the EPA.
Climate change is negatively impacting people who
live in the Arctic, he stated. Mr. Invanoff pointed out
that the instability of ice in rivers due to warming
temperatures makes fishing conditions much more
hazardous. With regards to risk assessments, he
continued, the best approach is to prevent
contaminants from being released into the
environment. Persistent organic pollutants (POPs)
are accumulating in the Arctic Region, he explained,
because they don't degrade in the cold weather.
In addition, he added, fish farms in the United States
have accidentally released unwanted parasites and
pathogens into waterways. This biological pollution
has irreversible and unpredictable ecological
impacts, he stated. Mr. Invanoff concluded by
declaring that a conservative approach should be
taken when considering the impact of pollution on
the environment.
3.9 RosemaryAhtuangaruak, InupiatCommunity
of Arctic Slope, Barrow, Alaska
Stating that she is from the native village of Nuiqsut,
Ms. Rosemary Ahtuangaruak, Inupiat Community of
Arctic Slope, Barrow, Alaska, explained that her
village relies on subsistence resources for survival.
Villagers harvest only what they consume, meaning
they never waste, she said, and resources are left in
pristine condition. Few villagers work jobs in oil and
gas exploration or development, she stated, because
food is too expensive for paychecks to cover.
Without a safe supply of food for consumption, there
is concern about surviving through the cold winter
months, she explained.
Ms. Ahtuangaruak emphasized that increasing
development around the village has diminished the
integrity of the natural resources on which they
depend for survival. They are suffering because
resources are impacted by the the development of
resources the Nation needs to grow, she asserted,
adding that the village's complaints are ignored
during public meetings. The benefits of living a
subsistence lifestyle also have been overlooked, she
stated. In closing, Ms. Ahtuangaruak reiterated that
the quantity and quality of fish in the waterways
surrounding her community have declined. Overthe
past decade, incidences of asthma, thyroid disease,
and other health disorders have increased rapidly,
but no research for a cause has been pursued, she
said.
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3.10	Wilbur Slockish Jr., Columbia River
Education and Economic Development, The
Dalles, Oregon
Telling the members of the Executive Council that he
lives along the Columbia River, Mr. Wilbur Slockish
Jr., Columbia River Education and Economic
Development, The Dalles, Oregon, explained that he
is practicing his ancestors' way of life. He has no
formal education, he declared, but he has the
knowledge that has been passed down from his
ancestors. The climate is changing, he pointed out,
and the water temperature is rising. In addition, he
continued, dams, nuclear materials, and
transportation routes are contaminating riverways.
Mr. Slockish emphasized that the absorption of
contamination by natural resources should be
studied. People are being harmed, he asserted, yet
current studies are biased to allow the release of
contaminants to continue. The environment should
be protected, he said, so that people can continue to
gain knowledge and experience by living from the
land. His people have been affected since the
1850s, and they now suffer from diabetes and
cancer, he added. Mr. Slockish pointed out that
people can harvest fish only March through October
and therefore cannot gather enough food to survive
through the winter months.
3.11	Tom Goldtooth, Indigenous Environmental
Network, Bemidji, Minnesota
Pointing out that too often in history humans have
waited for damage to occur before taking
precautionary action, Mr. Tom Goldtooth, Indigenous
Environmental Network and former member of the
Indigenous Peoples Subcommittee of the NEJAC,
Bemidji, Minnesota, stated that POPs and persistent
bioaccumulative toxics (PBT) have been
documented in wildlife and plants in the Minnesota
area. Problems associated with releases of those
chemicals into the environment could be averted if
EPA were to incorporate precautionary measures
when assessing risk, he asserted. Uncertainty has
plagued environmental regulations, he
acknowledged. Regulatory agencies are required to
develop safe standards for toxic chemicals, he
explained, but science cannot determine what is
actually a safe level of a chemical. Native
Americans and minority communities have no faith in
science, he declared.
Mr. Goldtooth stated that current actions of business
and government allow harmful practices to continue
until damages occur. Risk assessments designate
arbitrarily what is acceptable, he stated, and they
focus on only one chemical at a time, ignoring the
facts that most exposures are caused by numerous
chemicals and that effects from cumulative exposure
occur. In addition, he continued, risk assessments
do not account for sensitive populations, such as
children, the elderly, or the chronically ill, and they
evaluate only cancer risks while ignoring other health
problems.
Mr. Goldtooth emphasized that, to avoid irreparable
harm in the future, whenever it is acknowledged that
a practice could cause harm, the precautionary
principle should be implemented. That principle
mandates that practices should be prevented and
eliminated if the possibility of harm exists, he said,
stating that the precautionary principle is intended to
prevent harm before it occurs. The principle has
been embraced in international agreements that deal
with environmental concerns of limited scientific
certainty, he pointed out.
POPs and persistent and bioaccumulative and toxic
(PBT) chemicals pose a threat of serious and
irreversible damage, stated Mr. Goldtooth; the
precautionary approach provides the ideal
framework through which to address concerns
associated with such chemicals, he urged. He
emphasized that the lack of scientific certainty
should not be cited as a reason for postponing
measures that can prevent harm. The Indigenous
Environmental Network has recommended that EPA
and the NEJAC recognize the precautionary
approach as an emerging principle in the
environmental decision-making process, he said. In
closing, Mr Goldtooth read Principle 15 of the Rio
Declaration on Environment and Development,
which states, "In order to protect the environment,
the precautionary approach shall be widely applied
by States according to their capabilities. Where
there are threats of serious or irreversible damage,
lack of scientific certainty shall not be used as a
reason for postponing cost-effective measures to
prevent environmental degradation."
3.12 Kendra Zamzow, Alaska Community Action
on Toxics, Anchorage, Alaska
Ms. Kendra Zamzow, Alaska Community Action on
Toxics, Anchorage, Alaska, explained to the
members of the Executive Council that, every
summer, people from the Village of Zamuda, Alaska
go to subsistence camps located on Saint Barnes
Island. The Suqi River, which runs through the
island, once was a productive source of plants and
fish and other wildlife, she said. However, she
continued, recent contamination of the river had an
extraordinary effect on the quantity and quality of
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fish. Samples have been taken from the river since
1994, and every sample has shown elevated
concentrations of PCBs, she stated. In addition, said
Ms. Zamzow, many samples have contained
hydrocarbons and heavy metals, and pockets of oil
are being found in sediments taken from the river.
The source for the contaminants is a nearby military
site that currently is being remediated, but the job
being done is not a thorough one, she charged. Ms.
Zamzow requested that EPA investigate the site,
because, she said, villagers have been dying from
cancer. The site should be listed under Superfund,
she asserted, and people should be able to revert to
their subsistence lifestyle.
3.13	Hilda Booth, Native Village of Noatak,
Noatak, Alaska
Ms. Hilda Booth, Native Village of Noatak, Noatak,
Alaska, stated that her village in northwest Alaska
depends on the consumption of fish throughout the
year for survival. She stated her concern that her
village does not have the resources to take samples
from rivers. Ms. Booth told the members of the
Executive Council that there is chemical
contamination in the river; she urged that the council
help her identify a way to have the river tested.
3.14	Lincoln Loehr, Heller Ehrman, Seattle,
Washington
Mr. Lincoln Loehr, Heller Ehrman, Seattle,
Washington, explained that, in many cases, fish
consumption advisories have recommended the
reduction or elimination of the amount offish people
consume. Choosing an acceptable risk level is
questioned by many, he stated, and, in the absence
of relevant information, the elimination of risk is
always the preferred goal. However, he continued,
it is highly relevant when advising people to eat less
fish, because they may substitute a more risky
product for the fish. A comparison with the risks
associated with a diet that includes red meat is
appropriate to help people make an informed
decision when faced with a fish consumption
advisory, he added.
People should be provided with risk-based
information related to methods of preparing foods
that add risk, such as smoking fish, which adds
combustion polycyclic aromatic hydrocarbons (PAH),
said Mr. Loehr. In summation, he pointed out that
the rates of colon cancer are much higher among
consumers of red meat, compared with consumers
of fish. Risks associated with eating smoked fish
and fish that has not been smoked and red meat
should be quantified, he urged.
3.15	Bill Doyle, Sierra Club, Seattle, Washington
Pointing out that most of the evening's discussions
had focused on environmental justice issues related
to chemical pollution, Mr. Bill Doyle, Sierra Club,
Seattle, Washington, stated that, in the Pacific
Northwest, environmental justice also is being
denied because of the vast number of dams on
rivers. That injustice primarily affects Native
Americans, he stated. Salmon are protected by
treaty right for Native Americans, he explained, and
the nation has a moral and legal obligation to honor
that treaty obligation.
Environmental justice is also denied to low-income
residents of fishing communities in southwest
Washington and northwest Oregon, stated Mr.
Doyle. As fisheries have declined in those regions,
so have the local economies of those communities,
he said. Mr. Doyle explained that the bulk of the
salmon on which people in those areas depend
comes from the Columbia River Basin, including the
Snake River, but some salmon runs on the river
already are extinct, he pointed out.
For years, continued Mr. Doyle, independent
scientists have insisted that the only way to save
remaining salmon runs is to remove four federally-
owned dams on the river, he said. The four dams
were built in the 1960s and 1970s, he added, when
there were healthy, sustainable salmon runs in the
river. Since construction of the dams, salmon runs
on the river have declined by 90 percent, he stated.
Mr. Doyle emphasized that a statutory objective of
the Clean Water Act is to "restore and maintain the
chemical, physical, and biological integrity of the
Nation's waters." A river can be considered clean
only if it is supporting the life and the people that it
always has supported, he asserted. We cannot
continue to rely on failed technologies to move
salmon around the dams, he stated. Environmental
justice demands that we preserve the salmon, he
declared; to do so, all that is necessary is to enforce
existing laws. Mr. Doyle then called for the NEJAC
to recommend that existing laws be enforced.
3.16	Coleen Poler, Mole LakeSakoagon Defense
Committee, Crandon, Wisconsin
Ms. Coleen Poler, Mole Lake Sakoagon Defense
Committee, Crandon, Wisconsin, pointed outthatthe
introduction of foreign species into riverways in
northern Wisconsin is creating harmful competition
with native species. Species that are not native to
the area must not be introduced, she emphasized.
In addition, she continued, water treatment is not
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effective. To pollute and then treat, she continued,
contradicts the premise of the Clean Water Act. All
the earth is sacred, she declared.
Ms. Poler also explained that the members of her
community rely heavily on clean water because of
their subsistence lifestyle. She stated that she is
very concerned about the health of her people. The
integrity of the water in the Great Lakes must be
preserved, she said, because it is the last great
mass of fresh water on the planet. People must
stand together to fight negative political agendas,
she asserted.
3.17	Cheryl Steele, Elem Indian Colony,
Clearlake Oaks, California
Explaining that the Elem Indian Colony is located
near a Superfund site, Ms. Cheryl Steele, Elem
Indian Colony, Clearlake Oaks, California, told the
members of the Executive Council that her
organization would like to apply for a grant to
perform a study of fish consumption by tribal
members. The colony is located approximately 750
yards from a large mercury tailing pit, she continued,
and many villages have been built on top of old pits.
Fish advisories are posted along waterways
throughout the colony, she said, and people are not
eating the fish. She explained that her organization
would like to conduct a survey to determine how
people have been affected by the advisories. Ms.
Steele requested practical advice from the NEJAC
about what actions the communities can take, given
that the fish are inedible.
3.18	Dottie Chamblin, Indigenous Women's
Network
Pointing out that the Makah tribe owns land that
adjoins the Pacific Ocean, Ms. Dottie Chamblin,
Indigenous Women's Network, noted that tribal
members rely on seafood for subsistence. She
recounted a story that originated in 1968, when a
fisherman near her village caught a large halibut, but
would not allow the tribal members to eat the fish
because he believed it was contaminated with
mercury. Recently, overfishing and contamination
has depleted the number offish in the waterways,
she said. The members of the tribe must eat fish,
she emphasized, because it is a spiritual part of their
culture. Because the tribe is unable to practice a
subsistence lifestyle, tribal spirituality is declining,
she added. Many villagers still eat contaminated
fish, she pointed out, because there is nothing else
to eat. People are dying of cancer, she continued,
and the tribe has no money to fight the polluting
entities. Environmental justice has been discussed
since 1968, she stated, but the situation only
worsens. Ms. Chamblin concluded her statement by
emphasizing that humans are part of the food chain,
as well, and that all life must be respected.
3.19	Jeffrey Thomas, Puyallup Tribal TFW
Program, Puyallup, Washington
Explaining that the land of the Puyallup Tribe is
located south of Seattle, Mr. Jeffrey Thomas,
Puyallup Tribal TFW Program, Puyallup,
Washington, stated that the tribe has reserved
fishing, hunting, and gathering rights on the
reservation, as well as some distributed throughout
the ceded lands of the tribe. The commitment relies
on the natural resources to fulfill the physical and
cultural needs of its members, he said. The health
and integrity of the waters in the Puyallup watershed
are integral to the members of the Puyallup tribe, he
added.
Salmon are the symbol of the Puyallup tribal
government, Mr. Thomas declared, and the tribe's
concerns about the plight of the salmon are evident
in the numerous federal court proceedings and
decisions associated with decisions related to fishery
management. The diminishing condition of the
salmon stocks and their habitats are an
environmental injustice, he declared. He stated
further that zero fish contamination must be the
standard, rather than total maximum daily limits.
Tribal social and cultural concerns should be
incorporated into the NEJAC's fish consumption
report, he said. In closing, Mr. Thomas stated that
the tribe recommends that the NEJAC fish
consumption report be used as the framework upon
which additional work and development of the topic
are founded.
3.20	June Martin and Jesse Gologergen, Alaska
Community Action on Toxics, Anchorage,
Alaska
Ms. June Martin, Alaska Community Action on
Toxics, Anchorage, Alaska, stated that she lives in
the Alaskan community of Zamuda, where, every
summer, the villagers attend subsistence camp to
hunt walrus, seal, whales, and fish and to harvest
plants. The villagers recently have been told to
consume less fish, she said, because of the
increasing contamination of waterways. Elders are
dying of cancer, she explained; military sites nearby
are the suspected sources of pollution, she added.
Ms. Martin emphasized that, if the wildlife are
contaminated and inedible, the community's spirit
and culture will disappear. The government should
protect people from contamination, she declared,
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and the NEJAC should recommend that the military
site on St. Lawrence Island be listed on the National
Priorities List under Superfund. In addition, she
continued, a framework should be established so
that the rural community can take action on issues of
environmental justice.
Ms. Jesse Gologergen, Alaska Community Action on
Toxics, Anchorage, Alaska, also stated that people
in the community are dying of cancer and that birth
weights of children are declining. In addition, marine
animals suffer from lesions and other health defects,
she said. Members of the community know the
military site on St. Lawrence Island is the cause of
those problems, she asserted. Ms. Gologergen
stated that she would like to speak with
organizations or agencies that can provide
assistance to the community.
3.21 Doris Bradshaw, Defense Depot Memphis
Tennessee Concerned Citizens Committee,
Memphis, Tennessee
Stating that she had made earlier presentations
before the members of the Executive Council, Ms.
Doris Bradshaw, Defense Depot Memphis
Tennessee Concerned Citizens Committee,
Memphis, Tennessee, voiced concerns about federal
facilities. Ms. Bradshaw emphasized that EPA is not
the regulatory agency that should deal with the DoD.
She questioned the progress the federal facilities
working group of the NEJAC had made and stated
that communities are willing to wait to see what the
results will be.
Ms. Bradshaw stated that, in September 2000, while
cleaning chemical warfare out of her community,
several U.S. Army Corps of Engineers workers who
had been suited in full gear were hospitalized
because of exposure to contaminants. On January
18, 2001, mustard gas was being cleaned from soil
and taken to an unregulated dump, she alleged. She
pointed out that there is no regulated dump in
Tennessee that can accept such material. It seems
that the representatives of federal government are
terrorists, she charged. EPA is supposed to be an
enforcer and a regulator, she emphasized. She then
asked what are EPA's regulatory capabilities when
the agency deals with federal facilities. She pointed
out that there are agencies that are supposed to
help, but stated that "nothing is getting done."
3.22	Richard Moore, Southwest Network for
Environmental and Economic Justice,
Albuquerque, New Mexico
Expressing concern about environmental justice and
the NEJAC, Mr. Richard Moore, Southwest Network
for Environmental and Economic Justice,
Albuquerque, New Mexico, and former chair of the
Executive Council of the NEJAC, stated that he had
been involved in environmental justice issues in EPA
Regions 6, 8, and 9. Results of meetings with the
Deputy Regional Administrator in Region 6 have
been productive, he said. In addition, he said, he
had been engaged in dialogue with EPA
representatives in regions 8 and 9, and that activity
will continue.
Mr. Moore stated that he recently had sent a letter to
the new Administrator of the EPA, to initiate a
dialogue about EPA and its commitment to
integrating environmental justice into its programs
and policies.
Mr. Moore expressed dissatisfaction with the NEJAC
strategic plan. He took issue with the statement of
the NEJAC strategic plan that NEJAC's previous
concentration on site specific issues distracted the
NEJAC from its original mission as an advisory
council. He stated that this was an "insult" to people
who bring issues of a site-specific nature before the
NEJAC. In addition, he continued, the council
should be made up of a majority of "grassroots
people." He also questioned why the NEJAC was
the only federal advisory council that includes
members of grassroots organizations on its
Executive Council. All federal advisory councils
should have such members, he declared. If the
NEJAC is to be respected, the council should
encourage other federal advisory councils to follow
its lead.
3.23	Violet Yeaton, Port Graham Village Council,
Port Graham, Alaska
Ms. Zamzow presented a written statement prepared
by Ms. Violet Yeaton, Port Graham Village Council,
Port Graham, Alaska. The Port Graham tribe is a
federally-recognized tribe, whose village is located
southwest of Anchorage, the statement read. Port
Graham is heavily dependent on a traditional way of
life, which always has been a part of the people's
heritage, the statement continued. Knowledge of
natural resources has been passed from generation
to generation, and the tribal culture is dependent on
the health of the traditional resources, Ms. Yeaton
said in her statement.
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Contamination of food sources has become an
emerging concern in rural Alaska, especially among
Alaskan natives who consume large amounts of wild
food each year, the statement pointed out. An EPA
study conducted in 1996 in the lower Cook Inlet
found evidence of significant levels of contamination,
the statement continued. Over the past five years,
the tribes have struggled to have meaningful
collaboration with EPA, Ms. Yeaton's statement
charged. The tribes that participated in the study do
not believe that EPA supports tribal sovereignty, the
statement asserted. It is very important that EPA
and other federal agencies place tribal concerns
above political sensitivity so that actual health risks
can be determined, the statement said.
Data on contaminants warn of a global pollution
crisis, Ms. Yeaton's statement continued, and the
long-term practice of allowing industry to discharge
pollution is detrimental to native culture.
Contamination that appears in native foods are
discharged from the local oil and gas industry, the
statement read. EPA currently allows the oil and gas
industry in Cook Inlet to operate under a National
Pollution Discharge Elimination System (NPDES)
waiver from the national zero discharge law under
the Clean Water Act, Ms. Yeaton said in the
statement. The zero discharge waiver should be
repealed immediately, the statement declared.
3.24 Pamela K. Miller, Alaska Community Action
on Toxics, Anchorage, Alaska
Ms. Pamela K. Miller, Director of the Alaska
Community Action on Toxics, Anchorage, Alaska,
explained to the members of the Executive Council
that her organization works to stop the production,
proliferation, and release of toxic chemicals that may
harm human health or the environment.
Contaminants from military sites in Alaska pose a
serious threat to people who rely on traditional diets
offish and marine mammals, she said. She pointed
out that the arctic has become a "sink" for POPs,
industrial chemicals such as PCBs, and chemical by-
products. Many persistent pollutants originate from
thousands of miles away and travel north by wind
and ocean currents, she explained, and they
accumulate in the cold environment.
The signing of the international treaty on persistent
pollutants at the Stockholm Convention in May 2001
is an important first step toward the protection of all
people's health, Ms. Miller said. The Alaska
Community Action on Toxics, she continued,
requests that the NEJAC help ratify the treaty of the
Stockholm Convention by the United States Senate,
implement regulations to eliminate exposure to
dioxin, and expedite the inclusion of persistent
chemicals that merit phase-out and elimination. Ms.
Miller emphasized that the harmful use of pesticides
that damage the health of people where they are
produced and used must be prevented. For
example, she continued, the pesticide lindane is
toxic and persistent, but it is not included in the
current list of 12 chemicals targeted for phase-out
through the Stockholm Convention or under EPA's
Persistent and Bioaccumulative Toxic Chemicals
Initiative. Lindane is banned in numerous countries,
she pointed out, and EPA currently is reviewing
through a risk assessment process allowable uses
for lindane in the United States. Her organization is
concerned about the inadequacy and
oversimplification ofthe risk assessment for Alaskan
native peoples, she asserted.
In addition, there are five military Superfund sites
and approximately 700 formerly used defense sites
in Alaska. Many of those sites are contaminated
with PCBs and dioxins, she added, and the people
who live nearthose sites are concerned about health
problems potentially linked to exposure to chemicals.
Many of the sites that are considered remote are
actually in close proximity to Alaskan native
communities or the traditional fishing and hunting
areas of the tribes, she pointed out. Ms. Miller
emphasized that EPA must hold DoD accountable
forthe responsible cleanup of hazardous waste sites
in Alaska.
3.25 Jonathan Betz-Zall and Kristine Wong,
Antioch University Seattle, Seattle,
Washington
Stating that Antioch University in Seattle,
Washington, requires that students take a course
that deals with environmental justice, Mr. Jonathan
Betz-Zall, Antioch University Seattle, Seattle,
Washington, introduced Kristine Wong, Antioch
University Seattle, Seattle, Washington. Ms. Wong
explained to the members ofthe Executive Council
that she had worked from 1995 through 1997 as the
project director for the Seafood Consumption
Information Project. The project focused on
conducting community-based research and
education on the issue of consumption of
contaminated fish from San Francisco Bay, she
stated. Thousands of people regularly fish in the
bay, she pointed out, and most of those individuals
are people of color who typically eat what they catch.
Among Asian Pacific Islanders and Native
Americans, fish is a dietary staple, as well as an
integral part of cultural tradition, she explained. In
1994, a study conducted by the San Francisco Bay
Area Regional Water Quality Control Board indicated
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National Environmental Justice Advisory Council
Virtual Tour and Public Comment Period
that fish in the bay are contaminated with dioxin,
mercury, PCBs, and other harmful chemicals, she
stated.
In 1995, the Seafood Consumption Information
Project conducted a survey to document who was
fishing in the bay, she explained. The study
revealed that people of color are affected
disproportionately by contaminated fish. Minority
populations are more likely to eat the most
contaminated parts of the fish, she stated, as well as
to be less aware of health warnings associated with
that consumption. In addition, she continued, many
people exceed the consumption rates recommended
by California's Office of Environmental Health
Hazard Assessment. Ms. Wong emphasized that
many terms frequently used in health warnings
should be modified to reflect the language commonly
used by those who fish for food.
Ms. Wong recommended that health risk
assessments account for people who eat the most
contaminated parts of the fish and that health
agencies study the synergistic effects of chemicals.
In addition, she continued, federal, state, and local
governments should enforce strict regulations that
work to phase out the production of PBTs.
3.26	John Ridgeway, Washington Department of
Ecology, Olympia, Washington
Mr. John Ridgeway, Washington Department of
Ecology, Olympia, Washington, commended the
NEJAC for developing its fish consumption report.
He emphasized that the report provides relevant
advice for EPA, community groups, and educators.
The report helped him educate his management, he
added, and helped his managers understand thatthe
issues of fish consumption and contamination are
important and warrant attention.
Mr. Ridgeway encouraged the NEJAC to continue
holding meetings in locations around the county and
to continue bringing pertinent issues to the attention
of policymakers. He also suggested that the NEJAC
Council change the unit "grams per day" used in the
report to "pounds per day" or "number of fish per
day" because most people do not understand grams.
3.27	Holly Welles, Pacific Gas and Electric
Company, San Francisco, California
Stating that Pacific Gas and Electric is committed to
the fair treatment of all people, Ms. Holly Wells,
Pacific Gas and Electric Company, San Francisco,
California, reported that her company had adopted a
formal environmental justice policy. The company
maintains a training program for employees, she
continued, and is working closely with EPA's
environmental justice working group to develop a
high-quality approach to training in environmental
justice.
3.28	Winona LaDuke, White Earth Land
Recovery, Ponsford, Minnesota
Pointing out that there are 47 lakes on her
reservation in northwestern Minnesota, Ms. Winona
LaDuke, White Earth Land Recovery, Ponsford,
Minnesota, explained that treaty rights have secured
the tribe's right to "harvest and sustain." Under the
treaties, the members of the tribe have a right to eat
fish and rely on them to feed their bodies and souls,
she stated. Because more than half the people on
the reservation live below the poverty level, she
pointed out; subsistence fishing sustains the
community. Increasing levels of mercury, heavy
metals, and PCBs in the waterways must be
addressed, she declared. However, many fish
advisories limit consumption to one fish per week,
she said. In addition, she continued, contaminated
water is affecting wild rice in the region, pointing out
that frogs that have extra legs have been found. Ms.
LaDuke expressed concern about the effects
contamination will have on her community and the
economic effects resulting from the community's
inability to harvest food.
3.29	Sara Koopman, Amazon Alliance, Seattle,
Washington
Ms. Sara Koopman, Amazon Alliance, Seattle,
Washington, submitted to the members of the
Executive Council a written statement about the
effects of fumigation of coca in Columbia, which is
funded by the United States. On July 19, 2001, the
NEJAC drafted a letter to EPA Administrator
Christine Todd Whitman that requested increased
scrutiny and public disclosure of the fumigation and
its effects, she stated. The reply received from staff
of EPA was inadequate, she declared. Ms.
Koopman requested thatthe NEJAC follow up on the
letter with another request for Administrator
Whitman.
Ms. Koopman noted in her statement that, on a
recent visit to Putumayo, Columbia, where most of
the fumigation occurs, she was alarmed to see
children with skin sores that had appeared shortly
after the spraying was carried out and which have
persisted for more than six months. People also
suffer from constant headaches after the spraying,
she pointed out in the statement. When
representatives of the United States embassy in
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Written Statements Submitted During the Public Comment
Period of the NEJAC Meeting Dec. 3-4, 2001

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WRITTEN STATEMENT: DR. BfiRB&RA HARPER
"Columbia River Water Quality, Contaminated Fish, and Tribal Health"
Barbara Harper, PhD, DABT
Toxicologic Yakama Nation Fisheries Program1
509-967-5174; bharperfgjnwiflfonet
A Written Statement to the NEJAC at the meeting on
Relmtiomhip between water quality, fish consumption and environmental justice "
December 3,2001, Seattle, WA.
Note: This statement is a revision of a talk recently given at the Annual Joint Conference on Health
d r)0fL*iates ?e,akh Assuciati0n> WA Apartment of Health, and Yakima Health
Dt trict, Monday, October 8, 2001, Yakima Convention Center, Yaiama WA. This and similar talks and
"m-ZZhZfilt.2T™"*	Ration; 541,
Introduction. I am the toxicologist, risk assessor, and environmental health scientist for
the Yakama Nation Fisheries program, with 25 years of professional experience. I am
evaluating the health and cultural consequences of contaminated Columbia River fish,
his talk tries to explain the consequences of fish and water contamination in tribal
communities. It is formatted as lessons for health professionals, regulators and risk
communicators who need to work in Indian Country, specifically in areas of subsistence
foods contamination, fish advisories, Superfund, and environmental justice.
Background. Columbia River Tribes have been in the Columbia Basin for over 10 000
years, and salmon have always been a mainstay of the diet, culture, and relision. lt is Well
documented that they ate 2-3 pounds of fish per day, predominantly salmon. The
Treaties between tribal and federal governments were intended to ensure that tribal
members could continue to live their cultural lifestyle if they chose to do so, so the
Treaties reserved (or protected) the pre-existing rights of tribal members to fish stemming
from their original ownership and inherent sovereignty. The full exercise of Treaty-
reserved fishing rights would result in eating a traditional amount offish, or 2-3 pounds
per day Recent data on fish contamination indicates high levels of a wide variety of
chemicals in fish. If people fully exercised their Treaty rights for very long, it would
probably be lethal. So, we are facing a situation where exercising Treaty rights and
living a spiritual cultural lifestyle are not safe. We call this chemical assimilation. We
are just beginning to develop a response to this information, both in terms of educating
tribal members about health effects, and educating regulators on why revisions to water
quality standards are needed. This is an enormous Environmental Justice issue and more
importantly, a matter of Treaty rights and federal Trust responsibility.
Lesson h Know the technical details of what you are communicating very thoroughly
Lack of technical understanding can cause misinterpretation or misstatements
particularly when it implies a degree of safety that really isn't there. Risk assessment is
' While IMS text has been circulated among tribal staff, u reflects the views of the author should not be
raken as official tnbal policy. The Yakama Nation has received a NEEHS EJ grant to analyse and respond
to the fish contamination; Lynn Hatcher, Principal Investigator.
B Haiper.	Statement to NEJAC or Water, Pish, and Tribal Heal®. December 3,2001
1

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full of vague value words, like threat, harm, safe, danger, etc.. It is easy to misuse words
and convey a technically inaccurate message, For instance, people have a hard time
understanding why fish can be both contaminated and safe to eat, or why a fish advisory
applies to them but not to subuiban households.
Lesson 2; We always look for a cumulative and integrated approach, and we always
resist looking at fragments of problems. In the case of fish contamination, we need to
evaluate contaminants from all sources, not just the fish, and we need to evaluate whether
some people are more sensitive to the health effects of contamination. There are existing
health disparities that must be considered. There are a disproportionate number of co-riik
factors that cluster in tribal communities that could affect how they respond to
environmental contaminants. Tribal members not only eat more fish, they may be more
sensitive physiologically, as well. We have a method for evaluating disproportionate
impacts (or an Equity Assessment) that we are offering to explain at some other time.
Lesson 3; We need data about contaminants. But we also need to see action to address
Ae problem, and we need to see both happening at the same time. We should not have
to impose another restriction (the restriction of fish consumption) on people who already
bear a disproportionate health and cultural burden, no matter how well-meaning an
agency is. Fish advisories are only an unfortunate interim necessity, but do nothing to
address the problem itself, so issuing an advisory without also addressing the root
problem is unsatisfactory. At least two actions are needed from state and federal
agencies; (1) revise the water quality standards to specifically protect tribal members, and
(2) decrease the watershed burden of point source and nonpoint source discharges. The
initiatives on persistent bioaccumulative toxics are a step in the right direction, but we
have children at risk now. Water quality standards need to include Treaty-reserved levels
of fish consumption, and they also need to recognize that drinking water intake is higher
for these active lifestyles. Water is also used for cultural purposes, and must also be
clean enough for these uses as well. A tribal cultural approach to water quality standards
might be based on a broader set of criteria and principles than the federal government
uses, although we don't have time to discuss them here. We offer to make a presentation
on these criteria and metrics to NEJAC and/or EPA at a more convenient time.
What is risk communication in a tribal context? It is not simply a matter of
communicating the same message in a different language, or using tribal images on
pamphlets, or dumbing it down to the point that is condescending or inaccurate. If
anything, the communication with tribes needs to be more sophisticated, even if it is less
numencal. Tribes can't just focus on a number and forget all the cultural, nutritional,
religious, economic and other consequences. In the case of fish contamination, the goal
is not necessarily trying to influence people to reduce a risky behavior like smoking or
eating too much fish. And it is not about balancing risks of contaminants with the
benefits of eating fish. A better goal may be to understand and provide the health care
that will be necessary when people cannot follow a fish advisory. Why is this?
Lesson 41 Know the culture of the affected people. Know their history and the current
adversities that they face. The attempts to annihilate the original indigenous inhabitants
B Harper,
Statement to NEJAC oa Water, Fish, and Tribal Health. December 3,2001
2

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have not stopped. This history is not just water under the bridge; it is a living history. It
cannot be set aside so we can 'start over' or 'go on from here' with piecemeal actions.
I would advise learning something about wartime psychology, and grief and trauma
counseling. Counseling is provided for victims of Oklahoma City, Columbine, the World
Trade Center, and aiiplane crashes because society recognizes the intense psychological
consequences of experiencing such an event - shock, denial, anger, grief, depression,
anxiety, post traumatic stress disorder, self-abuse, domestic violence, divorce, suicide,
substance abuse, and on and on. But there axe many tribal members who have to cope
with the same thing due to the daily attacks on their rights, health, religion, resources,
bodies, and even lives. PTSD is common, and few people are unaffected, to a greater or
lesser degree. But FEMA and the Red Cross are not there. The rest of the countiy does
not rally around them, but instead often takes advantage of their vulnerability to get rid of
the "Indian problem," Tribes have little or no mental health counseling, no disaster
relief, or legal help, technical help, insurance, loans, infrastructure, advanced health care,
educational assistance, or even the simple recognition by the American people that there
is a problem at all. The Tribes are not getting billions of dollars of aid, and what little
they have been getting is likely to be reduced even further now. Since September 11, the
American people are saying how stressful it is to live with anxiety and pain and fear and
inner turmoil. But I see the same effects on tribal members who have been living under
duress for generations. They know and have come to expect that the federal government
and their neighbors will continue to break promises and attack every advance they make.
If not physically violent, this attack is waged on legal and political grounds.
Lesson 5; Tribes will not say "thanks for telling us that we need to give up another part
of our culture in order to be safe." There are many angry and disenfranchised people
who do not regard fish contamination as a necessary part of progress or global economic
expansion or industrial agribusiness. They do not think they should give up more of their
religion so someone else can make a buck. They resent risk communicators who try to
explain why white male politicians say that some amount of contamination and risk is
economically necessary and medically tolerable for indigenous people. These false
"facts" were determined without the Tribal peoples' knowledge, input, or consent. I have
talked to Tribal members who regard contamination as an attack on the food supply in
order to weaken their cultural resolve, which was an official federal policy in the past.
Their food supply has again been poisoned. Contamination can be thought of as a form
of abuse, a chemical violence. Some people believe that the contamination and the
associated government communication is a deliberate strategy where brute force has
failed to exterminate them. Some people believe that risks are deliberately hidden and
they are not being told the truth so that they will eat contaminated fish and poison
themselves, Oth®- people do not believe the information about contamination, and regard
the information itself as propaganda, an attempt to trick them into giving up more of their
culture and religion. Health Departments may say this all of is not in their scope of work,
that it is not under their control, and that they merely want people to be safer while
another agency addresses the root problems. This is why I always ask how the agencies
are working together at the state or federal level, and I seldom get a satisfactory answer.
B Haiper,
Statement to NHJAC cm Water, Fish, a*id Tribal Health. December 3,2001
3

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Lesson 6: Tribal members will knowingly continue to eat the fish anyway. It is an
inseparable part of who they are, what they do, and how God the Creator told them to
behave. Fishing is not just a social preference or a nutritional choice. When fish are
contaminated, there are many consequences, and they are inter-linked and inseparable.
There are not some 'health' concerns that are isolated from culture and economics and
other consequences. Health is the whole thing, including quality of life, eco-cultural
health, and spiritual health. The river is like a church with all the parishioners inside, or a
spiritual health care facility, and fish are co-participants in the shared histoiy and
ceremonies. This is absolutely required by the Creator.
•	You might as well tell the Pope to give up the sacrament and baptism because his
wine and holy water are contaminated;
•	Or tell an Orthodox Jew that following kosher practices is simply an optional
lifestyle choice that might be quaint but is standing in the way of progress;
•	Or tell a soccer mom to limit driving her children to soccer games and piano
lessons because the tires on ha Explorer are unsafe, and her children really don't
need to go to college anyway; a minimum wage job is just fine;
•	Or tell a health professional to limit her internet access because there are
computer viruses and she doesn't need CME credits or the latest health
information, in order to take a blood pressure or give a vaccination.
•	Some of these examples are religious and some are secular, but in each case I
made a judgement about the value of each practice, and imposed my values on
them without their consent, and regardless of the cost to them or to their children.
Eating fish is also a form of resistance and defiance. It expresses solidarity in the face of
federal policies that allowed the contamination to occur. It may also be a demonstration
of spirituality to knowingly ingest contaminants and accept the health consequences in
the course of practicing their religion. A high body burden of persistent bioaccumulative
toxics might be a mark of a spiritual person, or a chemical badge of courage.
We can't talk about how many fish meals are recommended, without considering how
many ceremonial meals are affected, or how the fish are an extension of the human
people. They say "We are the fish and the fish are us." Think about molecules in the
body of a person who has eaten even a few fish from the Columbia River. Some of those
molecules have been in the Columbia Basin for eons, circulating from water to fish to
people to soil to plants to animals and back to water.2 Those same molecules may have
nourished many generations of human and animal children, in an endless cycle of
sharing. Eating salmon represents ingestion of molecules that have been in human and/or
animal ancestors, a gift from those ancestors and from the fish themselves. A successful
risk communication program might be a cultural disaster if it works as intended.
Risk/benefit evaluation is also different. We can't just try to balance the benefits of
eating fish with the risk of experiencing an adverse health outcome from contamination.
This is illustrated by the attached figure. It is a bar graph with two bars. The left side
1 For example, at least 20% of the nitrogen and other minerals in the needles of Sitka spruce and other
plants near salmon spawning sites comes from the ocean via salmon carcasses. Science, 294:479 (2001);
Ecology 82:2403 (2001).
BHaiper.
Statement to NEJAC on Wats, Fish, and Tribal Health. Decembw 3,2001
4

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shows a short bar with two segments for suburban situations, one segment for the health
benefits of eating fish and the other for health deficits of contaminants. If the segments
are the same length, the benefits would be cancelled out by the contaminants, or the
adverse impacts of contamination are canceled out by the benefits. Both segments are
short, and are centered around a low rate of fish consumption (17 J grams per day, or a
half an ounce, or one bite per day, according to EPA data) or no fish consumption at all,
because suburban Anglo communities have a choice of eating a little fish or eating no
fish. The ancient Tribes from the Columbia River Basin do not have that choice. They
ate 2-3 pounds of fish per day, and would still do so if the fish were there. People still try
to catch and eat as much fish as they can, up to several meals and snacks per day of fresh,
frozen, smoked, canned, or dried salmon. It is also well documented that salmon (the
omega fatty acids) protect against diabetes and are good for neurological development
and cardiac function. These benefits have already been placed at risk or lost entirely by
tribes as the salmon runs have been decimated. The mainstay of the diet has been lost,
and the replacement foods are of lower quality. The economic aspects, including
commerce and trade and sharing, have largely been harmed. The ceremonial and
religious practices have been harmed. Treaty rights have been further eroded. Distrust of
federal policies has increased (or remained extremely high). The social and educational
roles of fishing have been harmed. Fishing sites and the place names and local
knowledge for them have been lost. Fishing skills have been lost. The weaning of
infants onto fish, which is or was customary, has been lost Breast milk is probably also
contaminated. And on top of all that, the few fish that remain are contaminated to such a
degree by dozens of contaminants that the Tribal people and their families and
communities who eat a lot offish are probably experiencing health effects3 If they ate as
much as their Treaty reserves the right for them to catch Mid eat, it would be lethal.
So, providing information about contaminants in fish advisories may be given in the spirit
of trying to help people make healthy choices, but Tribal members may hear just another
chemical attack on Indian people. If biological warfare, soldiers, economic policies,
land theft, boarding schools, missionaries, assimilation policies, and downright attempts
of genocide couldn't exterminate them and their culture, or make them into Anglo-
Americans, then chemicals and the law may do the job. You have to realize that on top
of all the other attacks or encroachment on their culture and lives, now they have to listen
to federal and state people tell them that they will be eating unsafe levels of chemical
contaminants. And they will continue eating the fish. Furthermore, the way our
American society is structured, Tribal people are the ones who are blamed and maligned
if they continue to live their lives as spiritual people with ancient religious and cultural
practices, once they have been told about the risks. Any consequence after that point in
time is now their own fault. After being told it is their own fault often enough, they come
to believe that they deserve to be poor and sick. I have personally observed the sense of
resignation and martyrdom and despair, as health professionals or regulators visit and
dump another load of negative information on them and then silently turn away, leaving
them to dry their tears once more and deal with the aftermath however they can.
3 This statement is supported by the database on fish contaminants in the lower Columbia River developed
by EPA (Region 10) and the Columbia River Intertribal Fish Consortium. For database access contact Pat
C»Tonr, EPA Region 10. Technical questions about tribal risks may be addressed to Dr. Haiper.
B Harper.
Statement to NEJAC on Water, Fish, and Tribal Health. December 3,2001
5

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Figure. The left hand panel reflects a suburban baseline fish consumption rate of 17,5 grams per day. Hie cardiac benefits of eating
more fish can be weighed against the health risks from any chemical contaminants in the fish. The right hand panel reflects the
traditional subsistence fish consumption baseline rate of 2-3 pounds per day. That ingestion rate, and all the health and cultural
benefits it provided has already been lost, and chemical contaminants merely add another negative health burden in addition to the
health burden posed by loss of the traditional healthy diet.
BF
1000
17.5
0

PUFA cardio Benefit
Suburban Baseline

Chemical Risk
*
4U m
m
Traditional Subsistence Baseline
Health impacts - lost cardio-PUFA
Health - chemical risk
Health - last diabetes protection
Health - lost neuro. Junction
Health - nutrition; poor replacement
Cultural - lost ceremonies
Cultural - lost identity, religion
Cultural - Broken Treaties; Trust
Economic - lost Income & Trade
Social - lost educational opportunity
Magnifiers: inequity, existing deficits,
clusters of co-risk factors.
	 .
Statement to NEJAC on Water, Fish, and Tribal ItaJfli.	w impacts

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WRITTEN STATEMENT: DR. MILDRED MTTTAlKf
PUBLIC COMMENT
By; Dr. Mildred McClain
NEJAC
SEATTLE, WA
December 4, 2001
The Fish Advisory for Georgia/South Carolina was issued several years ago and
has undergone changes and revisions - yet the advisory is still elusive to sectors of
the population who frequently fish in the rivers and streams for both recreation and
food consumption.
Economically challenged African Americans, whites, senior citizens and new
arrivals from Mexico have not benefited from the issuance of the
Fishing/Consumption Advisory. When an informal survey was conducted
assessing the extent to which local people had seen or heard of the fish advisory,
the results indicated the outreach activities of South Carolina Department of Health
and Environmental Control, the Georgia Environmental Protection Division and
the Savannah River Site Community Advisory Board had failed to substantially
inform these stakeholders.
Several editoip of the advisory fact sheet and the guide were designed and written
in a manner unsuitable for a diverse audience which includes illiterate people and
those who only read at a 3rd grade level. Signs posted were in English only and
placed at places with big names. The siting of signs often did not include "favorite
spots" that existed as a part of the river/stream network. Review of the guide for
Georgia/South Carolina by lay people who fish regularly suggest the current
version is still complex and does not help people heed the advisory's
recommendation.
One person pointed out that the names of the fish are confusing because they do
not coincide with the local indigenous names, i.e. the guide talks of the bow fish -
which people know as mullet.
The fact sheets and guides appear to not have the involvement of communities who
both know the best way to get information out and the best language and images to
use. Therefore, the primary recommendation from the communities of Augusta,
JCeysville, Guyton and Savannah, Georgia and Blackville, Aiken, New Ellenton
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and St. Helena, South Carolina is to involve communities who fish in the design
and distribution of fact sheets and guide. The communities should provide
assistance in identifying the sites for signage and the content of the signage.
A major issue for African Americans in South Carolina and Georgia is related to
health. The question is "what are the health effects of eating contaminated fish
combined with other vulnerabili£fl£,For people who are suffering from various
illnesses and disease, how does eating certain amounts of contaminated fish impact
existing health conditions? Are we currently carrying toxins in our bodies because
of our consumption of fish? How are we impacted when we swim and bathe in
these bodies of water where advisories exist? If fish is contaminated, what about
other life forms in the water?
The source points of the contamination in the water and the fish are highly
questioned when,both industries and a federal facility like Savannah River Site are
in close geographical proximity. Citizens most want to know where the
contamination is coming from; in what amounts of consumed fish is harmful; how
people can tell they have been exposed and what to do. The citizens we work with
want a more aggressive educational and outreach campaign specifically targeting
those groups of people out of the ordinary loop of information dissemination-
Signs are needed in Spanish and in some areas of South Carolina, in Gullah, a
language spoken by African Americans in the Beaufort-Jasper County area. Local
fishermtn and women need to be integrated in the activities related to providing
information to those who may be at risk of consuming fish beyond the acceptable
levels.
Much can be done in our region through existing collaborative partnerships to
insure an effective implementation s trategy of the fish advisory. There are many
distribution outlets that have not been touched, e.g. churches, schools, PTA's, civic
organizations, veteran and Masonic groups. If we are serious about getting the
word out so that we can prevent the resulting negative outcomes from the
consumption of contaminated fish, it is critical that communities are involved at
every junction, from beginning to end. The National Fish Advisory effort provides
us a very easy win/win scenario for government and community.
Dr. Lynn Waishell of Rutgers University, Dr. Richard Gragg of Florida A&M
University and Citizens For Environmental Justice have gathered important data on
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fish consumption patterns in Georgia and South Carolina levels of knowledge
about the fish advisory, methods people prefer receiving information and most
trusted sources of information - this data could be used to further the work being
done on the fisfyidvisory in EPA's Region IV,
What are the environmental justice concerns? Very simply, those who are being
left out of the information cycle are primarily poor African Americans. The
quality of water and the quality of the seafood goes hand in hand. We are
concerned about the care of our lakes, streams, rivers and our ocean — yet our voice
is not being heard.
Through diligent efforts, we have made some progress in changing how things are
being done - but we still have questions about the water quality analysis,
contaminant profiles and community involvement efforts that directly relate to
environmental justice communities. We need to be involved in all research and
outreach efforts to distribute findings and recommendations.
Recommendations
•	Clean up water bodies to a standard set by community - in collaboration
with scientists and other experts
•	Insure that communities of color are involved in research, standard setting
and scientific processes
•	Inform communities of the real risk that is involved with current fish
advisories
•	Work closer with industries and the military to stop polluting our waters
•	Assume a zero tolerance of water contamination
•	Create easy to understand toxilogical profiles of the contamination found in
the water bodies, fish and shellfish (in collaboration with health agencies)
•	Strengthen and enforce regulations on the use/emissions of Mercury (the
- cleanup of Mercury should be a priority)
•	Identify and describe ail radionuclid^jfound in the water bodies near
military/nuclear production weapon sites, including nuclear power plants.
The description should include the health impacts of all identified
radionuclides
•	Tailor and design risk communication strategies for differing populations
based on culture and community values
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WRITTEN SmTEMEKTr: RICHARD MOORE
Southwest Network for Environmental & Economic Justice
P.O. Box 7399 Albuquerque, New Mexico 87194 (SOS) 242-0416 FAX (SOS) 242-5609
NETWORK
For EswoiimisI ud Economic Josiice
$u&
Richard Moore,
Executive Director
Rosa CroZ'Samudio
Joaquin Lujan
BiancaEnciaias
Roberto Conirnras
Aima G. Vizcaino
Adiii Vaidy*
Coordinating Council
Representatives
Arizona;
Teresa Lta I
Nogalw
California;
Gsri Atmanz*
San Francisco
Robtn Cannon
Los Angeles
New Mexico:
Daniel Fuentes
Sun land Park
Texas:
Susans Almanza
Austin
Brendti Moon
Dallas
Youth:
Che Lopez
San Antonio, TX
Native American
Representatives:
Carietla Tilousi
Havasupai Tribe
Jose Matus
Vaqui Tribe
Mexico:
Enrique Hcnandek
Coahuila
Jesus Emitisno
Chihuahua
Carmen VsSsdtrz
Baja California
November 1,2001
The Honorable Christine Todd Whitman
Adminisuator
U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Ave. N.W.
Washington D.C. 20460
Dear Governor/Administrator Todd Whitman,
On behalf of the Southwest Network for Environmental and Economic Justice
(SW Network), this letter is to initiate a dialogue with you concerning the commitment
of the Environmental Protection Agency to environmental jusiice and its integration
into all programs, policies, and activities of the United States Environmental Protection
Agency. Also on behalf of the Southwest Network, we would like to congratulate you
on your position as the Administrator of the Environmental Protection Agency.
The Southwest Network for Environmental and Economic Justice is a multi-
cultural, multi-national organization comprising over 60 community based, student,
native and labor organizations throughout the Southwest and Western United States
and the Northern border states of Mexico. The SW Network formed to address
environmental degradation and other social, racial and economic injustices that threaten
our communities and workplaces.
It has been well documented that people of color and working class people in the
United States suffer from environmental racism. Children, the elderly, and women
(especially women of color) are the poorest of the poor and are paying the highest price
from pollution with increased health problems and economic devastation. As
Administrator, your role is critical in terms of implementing immediate .solutions to
address the adverse health and environmental effects that disproportionately affect
people of color and the poor of this nation.
In your Memorandum (dated August 9, 2001) you reaffirm the agency's
commitment to environmental justice as well as its pursuance in seeking that all
communities and persons across the nation are guaranteed equal access to the decision-
making process to have a healthy environment in which to live, work and play and for
this we congratulate you. In spite of the progress that has been made and even with the
best of intentions, grassroots communities remain left out at all levels of the discussion,
development, and implementation of policies. The Southwest Network sees the
development of strong grassroots organizations as essential for the inclusion of people
Building Power Without Borders - In the Spirit of Our People
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of color and working class people in the building of-a truly democratic process in this
country and throughout the world.
In this regard, we respectfully request a meeting, to take place in the Southwest,
between you and representatives of the SW Network and we invite you to tour our
communities. In taking this initiative, "we believe thai we speak to concerns that are
shared by millions of people throughout the United States and Northern Mexico. We
look forward to meeting with you. We would greatly appreciate a response from you by
November 29,2001. If you have any questions or concerns please contact Richard
Moore at the SW Networic Regional office in Albuquerque, New Mexico at (505) 242-
0416,
Sincerely,
"RiAr Tflnr
Richard Moore
Executive Director
SW Network
Ce~uL
Susana Almanza	Henry Clark
Co»Chair EPA Accountability Campaign	Co-Chair EPA Accountability Campaign
Austin, Texas	Richmond, California
Gregg Cook, Regional Administrator, EPA Region 6
Jack McGraw, Acting Regional Administrator, EPA Region 8
Wayne Nastri, Regional Administrator, EPA Region 9
Charles Lee, Associate Director, EPA Office of Environmental Justice
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WRITTEN STATEMENT: KRISTINE WONG
Contaminated Fish Consumption, People of Color,
and Environmental Justice
A Written Statement to the NEJAC Meeting in Seattle, WA, Dec. 3-6,2001
Submitted by Kristine Wong, MPH
Correspondence: PO Box 80082, Seattle, WA 98108
kristinewong@yahoo.com
Good evening, and thank you for taking my testimony. My name is Kristine Wong.
From 1995 - 1997,1 worked as the Project Director for the Seafood Consumption
Information Project, which focused on conducting community-based research,
education, outreach, and advocacy on the issue of contaminated fish
consumption in San Francisco Bay.
My testimony will focus on what we learned from our community-based research
and outreach efforts, and what can be done to address these problems.
Thousands of people regularly fish San Francisco Bay. Most of those out on the
piers and shorelines are people of color, and many eat what they catch. Among
Asian Pacific Islanders and Native Americans, fish is not only a dietary staple, but
a strong part of their cultural traditions as well. At the same time, a 1994 study by
the San Francisco Bay Area Regional Water Quality Control Board has shown
that Bay fish are contaminated with dioxin, mercury, dieldrin, PCBs, DDT, and
chlordane.1 These chemicals have been finked to serious health problems such
as cancer, birth defects, and dysfunction of the immune, nervous, and
reproductive systems.
In 1995, the Seafood Consumption Information Project conducted a survey of
228 people fishing from San Francisco Bay piers and shorelines.2 The purpose of
the survey was to find out who was fishing from the Bay, what their fishing and
fish consumption habits were, how aware they were of the health advisories, and
whether or not they reduced their consumption, based on the advisories.
Our survey results concluded that:
• People of color, many who are limited or non-English speaking, are
disproportionately affected by contaminated fish. They are the majority of
people fishing from the piers and shorelines, are more likely to eat the most
contaminated parts of the fish, and are less likely to be aware of the health
warnings about the consumption of seafood from San Francisco Bay. This
makes the consumption of contaminated fish a major environmental justice
issue in the San Francisco Bay Area.
1	San Francisco Bay Regional Water Quality Control Board (1995). Contaminant Levels in Fish
Tissue from San Francisco Bay, Oakland, CA.
2	Wong, K (1997). Fishing For Food In San Francisco Bay: Part H, The Seafood Consumption
Project at Save San Francisco Bay Association, Oakland, CA.
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•	When calculated at a monthly rate, 90% of those who ate fish in the last week
exceeded the consumption limits recommended by California's Office of
Environmental Health Hazard Assessment (OEHHA). The median of all
respondents ate fish at a rate that was 2 times more than OEHHA's
recommended amounts. The consumption rate of Caucasians was about the
same as OEHHA's limits. At the high end, some individuals reported eating
Bay fish at least once a day,
•	Current health risk assessments underestimate the risk because they
(a) do not take into account the consumption offish organs, guts, and eggs
which contain higher concentrations of contaminants than the fillet, and (b) do
not take into account synergistic effects of multiple chemicals.
•	Government-issued health warnings are not reaching the most affrected
populations. Forty-two percent of those surveyed were unaware of health
warnings. Latinos and non-English speakers were less likely to have heard
the warnings, compared to ail other groups.
Other points:
•	The majority of respondents were people of color (70%), with Asian Pacific
Islanders making up 36% of the total respondent group
•	Fishing activity increased with age
•	40% of the survey respondents ate Bay fish in the past month, with Asian
Pacific Islanders eating fish the most frequently
•	Non-fillet parts, some of the most contaminated parts of the fish, were eaten
at a high rate, especially in some of the mid-sized and larger fish, such as
perch (98%), striped bass (84%), and white croaker (77%)
This is especially significant, considering that white croaker was among
the most contaminated of all fish studied, considering their bottom-
feeding habits and high percentage of body fat.
•	42% had not heard of the health warnings about eating fish in the Bay. Latinos
and non-English speakers were the less likely to have heard the warnings
compared to all other groups.
The Seafood Consumption Information Project also conducted over 40
community education and outreach presentations at health clinics, community
centers, English as a Second Language classes. Our emphasis respected
cultural traditions by encouraging people to continue to eat the fish, but make
small changes to their cooking techniques. After demonstrating ways with which
Kristine Wong
December 4,2001
Written Statement to the NEJAC on Contaminated Fish Consumption
2
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WRITTEN STATEMENT: VIOLET YEATON
Public Testimony
Tribal Native Village of Port Graham, Alaska
November 27,2001
National Environmental Justice Advisory Council
Renaissance Madison Hotel, Seattle Washington
On behalf of the Port Graham Traditional Village Council, I would like to thank the National
Environmental Justice Advisory Council for taking the time to hear our testimony.
Port Graham, a Sovereign Federally recognized Tribe, is a rural predominately Native village. Located
225 miles southwest of Anchorage, the village is located close to the southern tip of the Kenai Peninsula,
nestled off the Cook Inlet, which is accessibly by air or by boat. Most of the "Sugpiat" or "real people" '
of the Chugach region trace their roots and heritage to the Prince William Sound and Gulf of Alaska.
Port Graham, as many rural villages in Alaska is heavily dependent on our traditional way of life, which
has always been an integral part of our heritage. This vast knowledge of the natural resources and its
environment has been passed from generation to generation and is a major component of the Native
culture. Our traditional way of life is ingrained in our very existence, our lives and culture literally
depend on the health of our traditional resources.
Wild food contamination is an emerging concern in rural Alaska, especially for Alaska Natives who
consume large amounts of wild food annually. Nowhere in the United States is wild food consumption
greater that in Alaska's rural communities. In 1996, the native villages of Port Graham and Nanwalek
joined forces in requesting that our traditional foods be tested for contaminants. What resulted was the
EPA study on contaminants of our traditional resources in the Lower Cook Inlet The study results found
evidence of significant levels of contaminants.
Port Graham, Nanwalek, Seldovia and Tyonek have been meeting with EPA since the preliminary
findings report came out in 1999, and met with EPA to discuss the final draft just a couple of weeks ago.
None of the contaminant work done so far has been easy, in fact it has been far from it. The villages have
been meeting with EPA's Region X and Anchorage area office since 1999. Meetings were scheduled to
insure that the final report would clearly define the potential risk and concerns regarding the contaminants
found. It would also include Tribal recommendations on specific areas needing more work. However,
our relationship with EPA regarding the Tribal Consultation process falls short as described in Executive
Order 13175 "Consultation and Coordination With Indian Tribal Governments."
Over these last 5 years, the Tribes have struggled to have meaningful consultation and collaboration to
strengthen the govemment-to-government relationship with EPA, But consistently, time and again, the
Tribes have had to prompt EPA to initiate this consultation process to ensure meaningful and timely input
by Tribes. The Tribes involved in this study, do not feel that EPA recognizes the right of Indian Tribes to
self-government nor do we feel that EPA supports Tribal Sovereignty and self-determination. We feel
that EPA and other agencies are very concerned about the information getting out about the levels and
types of contaminants found, which could be politically sensitive. While we understand the political
sensitivity of this information, it is very important that EPA and other federal agencies place the Tribal
concerns above the political sensitivity so that we can figure out what the actual health risk may or may
not be. It is absolutely essential that these issues are clarified and communicated truthfully to us in
regards to any potential health risks from these contaminants based on the data available.
We have seen many disturbing aspects of the study results, which appear to have potential health
concerns for our people. We need everyone to understand that regardless of any actual health risk from
consuming our traditional foods that may or may not be present, significant levels of contaminants in our
1
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foods is simply unacceptable. We deserve and expect our traditional foods to be free of contaminants.
The very fact that our traditional foods are-contaminated, is an affront to our culture and our heritage.
We view this contaminant data at the very least as a huge red flag, warning us of what seems to be a
global, national, state and local pollution crises. The long-term practice of agencies allowing industry and
others to dump and discharge huge amounts of pollutants is obviously severely detrimental to our long-
term existence on this earth. Our Native culture finds these practices very disturbing. It is difficult to
understand how a shortsighted pollution dilemma could have ever been allowed to reach its present
condition. After all that has been revealed about significant external costs of this pollution friendly
practices, we are perplexed, disappointed and angry that the EPA continue to permit billions of gallons of
contaminated water to be regularly discharge into the Cook Inlet.
The fact that EPA allows the Cook Inlet Oil and Gas industry an NPDES waiver from the national zero
discharge law tinder the Clean Water Act, which is one of two such waivers', allowed in the entire United
States, is truly outrageous and inexcusable. We recognize that much more work is necessary to get more
information about what risk may be present from consuming our traditional foods. It is very clear that
some of the contaminants showing up in our foods are discharged from the local Oil and Gas industry.
This fact alone yields consideration that the zero discharge waiver should be immediately repealed. The
very fact that many of the chemicals used by this industry are present in levels of concern in Cook Inlet is
enough to support the zero discharge requirement of industry under the Clean Water Act. When the
NPDES permit is next up for review, Tribes that are impacted by the permitted discharge in Cook Inlet
should be directly involved, sitting at the table with EPA for the evaluation and formulation of the permit.
In closing, the Port Graham Village Council would like to urge the following recommendations to the
National Environmental Justice Advisory Council to begin to address our concerns mentioned in our
testimony:
>	When agency is consulting with Tribes, the objective of building a "meaningful
relationship" with Tribes should be upheld in its fullest intent. Recognizing Tribal
governments in a sensitive manner and respeetful of Tribal Sovereignty is essential.
Truthful, timely and concise communication throughout the process of consultation is
critical.
>	When a situation potential impacts Tribes, Tribes should be involved and participating
from initial planning to the final completion of a project, working towards consensus
reflecting the concerns of the Tribes
>	Incorporating Tribal Scientist in research & planning and implementing is imperative
Our health and safety of these traditional resources is at stake. As caretakers of our land and
environment, we will not stand by and watch as our traditional foods and the natural ecosystem that they
depend on are continually degraded and threatened. We are no strangers to straggles and difficult times.
We will work hard to join forces in this battle to help protect to insure the future of our children, our
culture, our traditional resources and the environment. We want nothing more than to restore our
traditional foods to the truly pristine state they once were for our ancestors before us and for the seven
generations to come. Thank you.
Sincerely,
Violet Yeaton/Environmental Planner
Port Graham Village Council
2
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National Environmental Justice Advisory Council
Virtual Tour and Public Comment Period
Columbia were informed about the side effects,
those officials claimed that there was no proof that
the problems were a result of the fumigation, she
stated. If such problems were occurring in a middle-
class, white neighborhood, the government would
stop the spraying immediately, the statement
asserted. The situation is an ongoing environmental
injustice, Ms. Koopman's statement declared. She
urged that the NEJAC follow up on the issue.
2-12
Seattle, Washington, December 3 and 4, 2001
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