Brother Tim has finally had about all he can stomach and took action. Now the fun begins.

Advocacy files legal challenge to WDFW setting salmon seasons behind closed door with tribal co-managers

May 10, 2019

For Immediate Release-

The Twin Harbors Fish & Wildlife Advocacy, a nonprofit organization based in Grays Harbor, has filed a legal challenge in Thurston County Superior Court to the procedures used by the Washington Department of Fish & Wildlife Department (Department) to set salmon seasons in Washington. The petition challenges the salmon seasons set by Department in 2018 and 2019 as violations of the Open Public Meeting Act (OPMA) and the Administrative Procedures Act (APA). Joe Frawley, of the Olympia firm of Schefter & Frawley, and John Frawley of the Mountlake Terrace firm Frawley Law Office, are representing the Advocacy before the court.

The story and legal documents are available for review on the Advocacy's website HERE. ( link failed but the one below works )

Each year, the Department uses a process referred to as “North of Falcon” (NOF) to set recreational and commercial salmon fishing seasons within the state and its coastal waters. A key component is behind closed-door meetings with tribal co-managers resulting in an announcement of a “List of Agreed Fisheries” (LOAF) that is released to public. The department then installs seasons based on the LOAF and effectively denies the public an ability to participate in development of the season.



The Advocacy and others members of the public have repeatedly raised objections to the Department using behind-closed-door meetings in this process. Thousands have signed petitions, attended meetings of the Fish & Wildlife Commission and invested thousands of hours reviewing public records to determine why the Department reaches its season setting decisions. While the Commission passed a policy provision regarding increased transparency in NOF in 2019, the Department has been unwilling or unable to change its ways and in 2019, transparency nearly disappeared as the fishing seasons and regulations were agreed to in a closed-door meeting in California.



The legal action taken does not challenge tribal sovereignty. The state and the tribal governments are committed to co-management of our fisheries resources. That does not, however, exempt the NOF process and WDFW from transparency laws guarantying the citizens of Washington the right to participate and be informed.

The Advocacy believes this continuing controversy simply must come to an end. Fish runs are declining, conservation standards are left ignored, and ESA designation hangs over the state’s head as the Department continues to destroy the public’s confidence in the agency. Clearly, the Department is “in a state of denial” and it will require intervention by the courts to protect the resource and the public’s interest.



The legal filings are available for viewing on the Advocacy website at http://thfwa.org/. If you wish to contribute to the legal effort, your support would truly be valuable and appreciated. Online contributions can be made on the Advocacy website via credit card, Paypal, or by check. The Advocacy is a nonprofit organization operated by unpaid volunteers. Donations are not disclosed publicly and are tax deductible.