One of the problems we have are the current statutes that WDFW operates under. While there is a broad resource statement about managing fish and wildlife in the state, the old Dept of Fisheries statutes are still on the books. They give legislators, staff, and commercial interests an opening to make their arguments that mandate support for commerical fishing interests.

I don't think it is the responsibility of WDFW to have to ensure someone stays in business, especially when the viability of the resource is at stake. The Commission needs to manage the resources of the state and if that means closing opportunities to take fish and wildlife, they should do that.

The legislative mandate is posted below. Under statutory construction as I understand it, words like "shall" tell you what you have to do. Words like "may" help the agency to set regulations. You will see "shall" in the first, second, and fourth paragraphs. It is good that the WDFW is mandated to protect, preserve, manage, and they shall conserve "..in a manner that does not impair the resource." The third paragraph, however, says "may authorize the taking..." if it does not "...impair the supply of these resources." The question to the Commission is whether or not the use of gill nets might impair the ESA listed runs to a greater extent than the selective fishery imposed on the sport fishing community.

I wish I could be there this weekend, but I can't. Good luck to those who will be representing the sport fishers.

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RCW 77.04.012
Mandate of department and commission.

Wildlife, fish, and shellfish are the property of the state. The commission, director, and the department shall preserve, protect, perpetuate, and manage the wildlife and food fish, game fish, and shellfish in state waters and offshore waters.

The department shall conserve the wildlife and food fish, game fish, and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.

The commission may authorize the taking of wildlife, food fish, game fish, and shellfish only at times or places, or in manners or quantities, as in the judgment of the commission does not impair the supply of these resources.

The commission shall attempt to maximize the public recreational game fishing and hunting opportunities of all citizens, including juvenile, disabled, and senior citizens.

Recognizing that the management of our state wildlife, food fish, game fish, and shellfish resources depends heavily on the assistance of volunteers, the department shall work cooperatively with volunteer groups and individuals to achieve the goals of this title to the greatest extent possible.

Nothing in this title shall be construed to infringe on the right of a private property owner to control the owner's private property.