Originally Posted By: darth baiter
So let say the judge rules in your favor that WDFW violated the Open Meetings Act in 2019 and consequently the regulations adopted are invalid. The judge tells WDFW they have to comply with the Open Meetings Act in the future and hence have to open up the NOF meetings to the public by video or whatever. A ruling in "state" court doesn't apply to the tribes so they don't have to have open meetings. WDFW has open NOF meetings without the tribes? What is that? They won't attend if they don't have to. They could just say good luck we're submitting our fisheries to BIA for a permit and you guys are on your own (like in 2015?). That worked out well. I am just trying to understand the end game here.


First, I want to be clear. THIS IS NOT MY LAWSUIT, NOR IS WASHINGTON CITIZEN SPORTSMEN A PART OF THE LAWSUIT. It is one of three lawsuits filed by a public citizen and jointly by The Twin Harbors Fish and Wildlife Advocacy. So in answering, I'm giving my opinion, not speaking for the litigants.

The lawsuit concerning the OPMA is about process. It alleges that the process that WDFW uses to create rules is not in compliance with the intent of the OPMA. Since you cannot sue for something that hasn't happened, it has to be over past violations.

If it's found that the Department's process is in violation, it's not up to the judge to tell them how to be in compliance, it's up to WDFW attorneys to do that.

If the Tribal/WDFW meetings are part of the violation, then it will rest on WDFW staff and it's attorneys on how to be compliant, and how to address the Tribes demands. And yes, the NWIFC could very well decided not to participate at all, which would open another issue that WDFW will have to deal with.

It's interesting to note however, the lawsuit is not about the Tribal/WDFW meetings in specific. It's about the process from start to finish. It's about the creation of a LOAF without proper public oversight, and then using the LOAF for permits and WAC creation.

As one jaded former employee told us. "If WDFW is found to be in violation, and are told to open the meetings. The way they will probably handle that is to have open meetings that are theater, like the public NOF meetings are, and just do the real meetings by telephone where the OPMA doesn't apply."

My hope is, through exposing the process for what it is...a sham, maybe, just maybe it will crack enough daylight that we might end up with a process where we (non-tribal citizens) are somewhat equal in the process. One can hope.

On the other hand, if it goes to a point where WDFW starts a fear campaign that," if we push too hard on the tribes, they will walk away and all is lost for us...no fishing." And the recreational fishing community collapses like they did during Coho gate in 15, well, we will probably end up with business as usual, where we are at the mercy of Tribal agreements in order for us to fish...but on much less fish....over and over and over....