WA Fish and Wildlife Commission should serve public, accountability
Ryan Garrett
Special to The Seattle Times

Last year, I wrote about multiple issues where the Washington Fish and Wildlife Commission failed to live up to its mandate. While some might argue that dissolving the commission in favor of a single cabinet position would create better accountability, that isn’t accurate (“WA Fish and Wildlife Commission has its problems, but we should keep it,” Jan. 21, 2025).

With a cabinet position, the accountability piece wouldn’t change, as the governor would still oversee appointments and removals to the position. Right now, Gov. Bob Ferguson needs to decide if a commissioner’s actions rise to the level of removal, and if so, exercise that power. If he removes members, he also needs to do a better job than his predecessor did, by appointing people who are not beholden to special interests and who respect the state’s public meetings law and accountability.

Right now, Commissioner Lorna Smith, along with several other commissioners, is under investigation for alleged violations of the Open Public Meetings Act and the Public Records Act. One of the allegations is that Smith and others deliberately destroyed emails that belonged to the state, which is a felony.

The investigation into the records law violations began in 2025, when allegations were brought to the attention of the attorney general. In the wake of a damning memo from that investigation, Smith has decided to sue the state, alleging violation of her First Amendment rights. Co-plaintiffs on the suit are Claire Loebes Davis and Washington Wildlife First. Both are frequent petitioners to the commission, and to my knowledge Smith has never voted against their interests, despite the contrary recommendations of staff biologists.
With this lawsuit, Smith has already demonstrated a clear conflict of interest that may put her in violation of RCW 42.52.020. Furthermore, the question of who paid for that lawsuit needs to be publicly answered. Receiving financial consideration, even in the form of legal services, is an unacceptable conflict if it comes from groups whose petitions you vote on.

Who is being sued is also telling: While the report of findings is by Thomas Knoll Jr., a state legal liaison who asked Washington Department of Fish & Wildlife Director Kelly Susewind to aid in the investigation, Smith, et al, have chosen to sue Susewind and Deputy Director Amy Windrope. Imagine being asked to comply with a criminal investigation of your boss and then getting sued by your boss for doing so. That’s what’s happening here. To quote Knoll, Smith’s actions “present serious risks to WDFW in terms of failure to fully abide by the Commission’s Rules of Procedure.”

The mandate of WDFW and the commission is to “preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat,” while “maximizing fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.” These are not dueling objectives — they are part of a holistic approach to wildlife management

Seen through an observation window, sockeye salmon were scooped up by a net at the Ballard Locks fish ladder in Seattle on July 8, 2025. The Washington Department of Fish and Wildlife along with the Muckleshoot Tribe collected sockeye during the late peak run for transport to the Cedar River Hatchery. KEN LAMBERT / THE SEATTLE TIMES, 2025 that recognizes that humans are a part of the environment. When we think about nature and civilization separately, we give ourselves the excuse to ignore civilization’s impact on nature.

This sort of balanced approach can’t take place when we have commissioners who are willing to violate laws to push their own agenda. That’s not a matter of disagreeing with Smith’s viewpoint (though I do). It’s a matter of maintaining basic standards of governance to keep the public informed of what our representatives do, and limiting their power to within the constraints of the laws that we have passed. If Gov. Ferguson takes no action here, he demonstrates that these standards do not apply to people who have the money and influence to lawyer up. Smith needs to be removed.

Removing the bad apples from the commission is only part of the solution. Ultimately, the power to remove commissioners may need to be handed over to our Legislature, eliminating the circular accountability structure we have now. An outside check might have prevented this whole thing years ago. In the meantime, I suggest that Gov. Ferguson heed the advice of RCW 77.04.040 and seek out appointment recommendations from “groups representing sportfishers, commercial fishers, hunters, private landowners, and environmentalists.” Not just hunters, not just groups like WWF, but everyone.

That is how he can show that his appointments represent the people of the state.

Ryan Garrett: is a hunting rights activist in Northeast Washington state. He is a registered mentor for First Hunt Foundation and the host of the Hunter Farmer Artisan podcast.