I admittedly haven't read the new plan and don't know whether it is appropriate or not. But, a few thoughts on the process come to mind.

1) Mediation, and the "secretive" nature of mediation, is voluntary. Perhaps the tribes can compel mediation through the ongoing jurisdiction of the court. But, the tribes cannot compel agreement. WDFW had and has no duty to agree with the tribes and the court can address disagreements that are unresolved. It's simply the easier path for WDFW to agree.

2) Even if mediation is secret and can be compelled, I see no reason that WDFW had to keep the commission in the dark. Are they really taking the position that they had to keep the governing body of WDFW in the dark because only the parties to the litigation, one of which is WDFW, can be privy? It seems like their position is they had to keep the head decision makers in the dark. Ask yourself: why is that? Could it be because, like coming to an agreement, it's simply the easier path? I suspect Unsworth and the other managers would rather take a Saturday morning tongue lashing than deal with doing their jobs and standing up to the tribes and feds.

3) When will WDFW stand up to NOAA? NOAA approves fisheries that kill vastly more ESA Chinook than our local fisheries do. Why is it OK to keep giving away our fish, begging for NOAA's approval, and being fine with 80% of the harvest occurring north of our border? Easier path, anyone?

My takeaway: this is more of the same. WDFW is scared of "litigation risk," won't push back on the tribes or the feds, and takes the easiest path forward. If that means finding creative reasons to keep everyone in the dark, including their bosses, so be it. We're in the same place we were 5 years ago. The tribes know that we will reach an agreement no matter what. That's not a great bargaining position to be in.

One last thought as I was about to push submit: at what point to we stop caring if we don't get a season? WDFW constantly falls back on needing to agree or getting "left on the beach." With the new plan, there appears to be lots of risk that no fishing will occur in lots of places in lots of years. We are giving and giving and giving. Pretty soon, we'll have nothing left to give. At least we can say we got an agreement.


Edited by wsu (12/13/17 12:45 PM)
Edit Reason: spelling