The Mashpee NEA is writing this because this is something we care about deeply and it won’t happen without the support of people like you.

The Herring need a guardian, a protector, an advocate. Their ecosystem is in disarray, threatened by development, pollution, overfishing, and obstructions to their migratory jounrey. Their right to exist, make their journey home, and thrive are threatened. For time immemeorial, the Mashpee Wampanoag People have cared for and stewarded the Herring, never taking more than needed, ensuring the Herring would be able to spawn and make their way back to sea, and maintaining the integrity of their river and streams.

The Mashpee Wampanoag Tribe has established the right to hunt, fish, and gather, but what good is the right to gather when the population of Herring is in dire decline? The aboriginal right to hunt and gather depends on establishing the Tribe’s right to protect, restore, and regulate the ecosystems on which the Herring rely. 

We need to take a stand before it’s too late and save our the herrin. The support of the community is sacred to us, so if you’re with us, please sign this petition and help us restore the herrin their rightful environments.

TRIBAL RESOLUTION

2023-RES---

A Declaration of the Rights of Herring 

State of Emergency Declaration

WHEREAS, the Mashpee Wampanoag Tribe (the "Mashpee Wampanoag" or "Tribe"), is a federally recognized Indian Tribe with a duly-enacted Constitution and the governing body of the Tribe is known as the Mashpee Wampanoag Tribal Council ("Tribal Council"); and

WHEREAS, Article V, § 2 of the Mashpee Wampanoag Tribal Constitution ("Constitution") vests Tribal Council with all the executive and legislative powers of the Tribe including the power to make and enforce Tribal law; and

WHEREAS, Article VI, § 2.A of the Constitution bestows Tribal Council with the responsibility to promote and protect the health, peace, morals, education, political integrity, economic security, and general welfare of the Tribe and members of the Tribe; and

WHEREAS, the Mashpee Wampanoag affirm their ancestral rights to fishing and to exercise their sovereign power to make and enforce tribal laws that protect and secure their rights to an abundant and healthy Herring population, of which the Mashpee have traditionally relied; and 

WHEREAS, the Mashpee Wampanoag recognize that the Herring face a crisis of migration as their traditional migratory routes through certain rivers and streams leading to their mating ponds are significantly and unnecessarily obstructed by man-made “runs”, “fish bridges”, or “fish ladders” (hereinafter collectively referred to as "fish ladders"), which are artificial structures used to facilitate the Herring's natural migration and purport to enable fish to pass around the barriers by swimming and leaping up a series of relatively low steps; and

WHEREAS, the State of Massachusetts failed to consult the Mashpee Wampanoag on the design, installation, construction andongoing improvements of the subject fish ladders; and

WHEREAS, the Mashpee Wampanoag reaffirm their Traditional Ecological Knowledge ("TEK") of their longstanding stewardship of herring requires natural fish ladders that support the Herring’s most successful journey to mate and return to the sea and thrive; and

WHEREAS, through TEK, practice, experience, and relationships with nature the Mashpee Wampanoag has an important role in defending and healing the natural environment; and

WHEREAS, the Mashpee Wampanoag reaffirm its oral history confirming that prior to the installation of the State-made fish ladders, that “the streams ran black” with abundant Herring with the use of natural fish ladders; and

WHEREAS, the Mashpee Wampanoag continue to monitor the Herring throughout each season and finds that the population has declined by approximately 95% as of 2023 creating a State of Emergency; and

WHEREAS, the Mashpee Wampanoag recognize that the Herring are critical and essential to the livelihood of the tribe and without a thriving Herring population, tribal members are denied their right to a sustainable livelihood selling, trading, or harvesting Herring for personal use; and

WHEREAS, the Mashpee Wampanoag, as original stewards of the Herring, recognize that the health and well-being of the Herring are critical and essential to the political integrity of the tribe -to continue to protect, preserve, and fish the Herring; and

WHEREAS, the Mashpee Wampanoag recognize that the Herring are critical and essential to the economic security, health and safety of the tribe because without a thriving Herring population, the tribe’s aboriginal hunting, fishing, and gathering rights are violated; and

WHEREAS, the Tribe has never abdicated its sacred responsibilities takes seriously both its stewardship of the natural resources of our historical homelands and governance of natural resources on its Reservation lands and land in trust; and

WHEREAS, the Tribe remembers a time when the Mashpee Wampanoag people cared for and stewarded the waters for the Herring, even creating wooden malleable fish ladders to help the Herring make their journey despite settler developments; and

WHEREAS, the Tribe recognizes that the fish ladders built by the state of Massachusetts, including, but not limited to the fish ladderslocated at Mashpee, Santuit, and Quashnet, are not suitable natural replacements for the former free-running fish ladders previously located on certain streams and rivers on which the Herring rely; and

WHEREAS, it is the duty and responsibility of the Mashpee Wampanoag to provide for the well-being of the community, its local environment, nature, and social systems; and

WHEREAS, the Tribe recognizes that all fish runs in Northeast woodlands are under Tribal jurisdiction and stewardship; and

WHEREAS, the state built fish ladders on the Santuit, Quashnet, Middleborough, and Mashpee ponds, are within the exterior boundaries of the Mashpee Wampanoag Tribe's historical and ancestral jurisdiction; and

WHEREAS, the Tribe recognizes that the Herring shall requirea capacitated and authorized legal guardian to restore thedeclining ecosystems and to naturalize the Herring's migratory routes; and

WHEREAS, the Tribe recognizes that the Herring have the right to migrate freely, procreate abundantly, and safely make their journey back to sea; and

WHEREAS, Tribal Council finds that the health and abundancy of the Herring directly impacts the health, peace, morals, education, political integrity, economic security, and general welfare of the Tribe and members of the Tribe; and

WHEREAS, the Herring migration crisis has directly causedthe following impacts on the Tribe, its Tribal members, and the Tribal Territory:

1. the death of numerous Herring trapped in the high-pressured waters of the current state made runs;
2. the death of numerous birds of prey who have been trapped in the high-pressured waters of the run;
3. the approximate loss of 95% of the Herring population, thereby reducing the availability of Herring as a valuable food source;
4. the reduced population of Herring has resulted in state-issued bans on collection for non-Indians leading to incidences of trespassing and unauthorized catching and seizure of Herring; and
5. the reduced Herring population creates ecological scarcity for the entire Mashpee ecosystem and endangers the delicate balance of life in the Sound.
WHEREAS, Tribal Council resolves that it must take immediate action to ensure that appropriate Tribal resources and authorized personnel are directed, capacitated and empowered to carry out along-term initiative to protect and restore the Rights of the Herring; and

NOW, THEREFORE, BE IT RESOLVED, that Tribal Council, pursuant to its Constitutional authority, hereby issues a Declaration of a State of Emergency for the Mashpee Wampanoag Tribe related to advancing the Rights of Herring.

BE IT FURTHER RESOLVED, that the current State of Emergency of the Herring directly compromises the Mashpee Wampanoag’s rights to livelihood, political integrity, healthy, welfare, and economic security. 

BE IT FURTHER RESOLVED, that Tribal Council and the Chairman or his authorized designees shall take the following emergency actions to effectuate and resolve the State of Emergency of the Herring:

1. Legislate a Tribal ordinance recognizing the Rights of Herring and designating the Tribe as the Herring’s sole legal guardian;
2. Deputize the Tribe’s Natural Resource Council as the authorized regulatory agency to oversee the re-design and re-construction of the fish ladders at Quashnet, Santuit, and John’s Pond; and
3. Petition the proper federal authorities to carry out their duties and obligations under their trust responsibilities on behalf of the Mashpee Wampanoag to commit support and resources to restore the Herring fish ladders to a more natural state.
BE IT FURTHER RESOLVED, Tribal Council hereby directs that a public advisory be immediately issued to educate the Tribe, its Tribal members, and the town of Mashpee on the importance of the Herring and the Herring’s migration crisis.

BE IT FURTHER RESOLVED, Tribal Council hereby directs Tribal operations to seek out and secure support, coordination,and funding from federal, state/local governments, and aligned nonprofits and allies to observe and execute this State of Emergency.

BE IT FURTHER RESOLVED, this State of Emergency shall remain in effect until such time it is terminated by resolution by the Tribal Council only when these emergency conditions so stated herein related the Herring’s migration crisis have been substantially or fully resolved.

BE IT FINALLY RESOLVED, that the Tribal Council authorizes the Tribal Chairman, or his designee, to take such other actions as are reasonable or necessary, including corresponding with federal agencies, state and local governments and allies in furtherance of the execution or performance of this Declaration of a State of Emergency.