Originally Posted By: Rivrguy
Quote:
So, my understanding is that the policy is guidance and must be read and implemented in consideration of and in compliance with pertinent State laws and Federal court decisions.

So, yes, I think WDFW has the authority (and responsibility) to set seasons to adhere to those operational parameters.


All policy decisions by the Commission are guidance only. WDFW can follow or not it simply a choice be political ramifications weigh in heavily. To be binding the Commission would have to place the policy in a WAC, which they can do should they choose too.


That is my understanding and in general I have no problems with policy being guidance IF (and it is a big IF) the Commission rides herd on Staff's implementation of said policies.

Does the Commission do that satisfactorily? No. And that is a major failure on its part and particularly when they have been abundantly aware of Staff deviating from policy.

The alternative of putting policy into the WAC would likely limit flexibility to manage emergent problems. A prime example is the MMPA which makes it virtually impossible to timely respond to needs for pinniped control. Part of Sir Walter Scott's quote: "Oh, What a Tangled Web We Weave."



Edited by Larry B (06/26/20 10:41 AM)
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