Washington State
Tribal Trespass Issues

WHAT TO DO IF YOU HAVE A PROBLEM WITH TRIBAL TRESPASS

When and if you have tribal members show up on your beach to dig shellfish they must comply with all of the "Time, Place, and Manner" limitations set out by order in the federal court ruling for the typical, non cultivated, residential property. Here are the rules laid down by the court:

(1)Tribes must give 30 days prior written notice to you of their intention to do a survey of your beach (by personal mail, fax, or publication in local newspaper); (2) A biological survey must be completed to determine shellfish abundance on your beach; (3) Water quality tests must be completed to ensure shellfish on your beach are safe for human consumption; (4) Then Tribes must give another 30 days written notice before coming back to actually harvest no more than 50% of the harvestable abundance of shellfish on your beach; (5) Generally they should come only during daylight hours, not during night time low tides, except with court permission; (6) Tribal access to private beaches should be only by boat, public road, or public right-of-way, not down your driveway or through your side yards; (7) No more than total of 5 days per year.

CALL 911 and then also call your County Sheriffs Office to report it if tribal trespass occurs which is not in compliance with rules outlined above from the federal court order. Ask local law enforcement officers to please come at once to assess the situation and inform tribal members that they are in contempt of court and trespassing illegally on private property. Here are telephone numbers to call in the event you experience problems with illegal digging on your beach:

CLALLAM COUNTY - Sheriff Joe Hawe in Port Angeles
(360) 417-2000

ISLAND COUNTY - Sheriff Mike Hawley in Coupeville
(360) 6784422

JEFFERSON COUNTY - Sheriff Pete Piccini in Port Hadlock - (360) 385-3831

KING COUNTY - Sheriff David Reichert in Seattle - (206)296-3311

KITSAP COUNTY Sheriff Stave Boyer in Port Orchard - (360)337-7101

MASON COUNTY Sheriff Steve Whybark in Shelton - (360)427-9670,Ext.313

PIERCE COUNTY Sheriff Mark French in Tacoma - (253)798-7540

SAN JUAN COUNTY - Sheriff Bill Cumming in Friday Harbor - (360)378-4151

SKAGIT COUNTY - Sheriff Ed Goodman in Mount Vernon - (360)336-9450

SNOHOMISH COUNTY Sheriff Rick Bart in Everett - (425)388-3393

THURSTON COUNTY Sheriff Gary Edwards in Olympia - (360)786-5500

WHATCOM COUNTY Sheriff Dale Brandland in Bellingham - (360)676-6650

Also call the Washington State Dept. of Fish & Wildlife, Enforcement Division - (360)902-2927 or (360)902-2225

"To sin by silence when they should protest makes cowards of men." Abraham Lincoln


The best thing you can do to prevent recurring problems on your beach with illegal trespass is to use your video camera to take moving pictures of the activities which occur as they happen. Request identification from anyone digging on your beach. If identification is refused, you cannot determine whether or not these individuals are actually tribal members exercising their treaty rights. Be sure to get video pictures of the individuals, their faces, and the approximate quantity, species, and maturity of shellfish they are removing. Also record the numbers and identification markings, if any, on their boat(s) or vehicle(s) so that you can give a copy of your video to law enforcement for identification purposes. The next best thing to do is take still photographs of the trespass activities to show the Sheriff. Notify United Property Owners of problems (206)660-3085.