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#971428 - 01/12/17 10:18 PM HB 1097 Tribal consulation on hunting rights
bushbear Offline
River Nutrients

Registered: 08/26/02
Posts: 4709
Loc: Sequim
This new legislation was referenced in another thread. Worth looking at in the context of current issues on transparency in the NOF process.

http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/House%20Bills/1097.pdf#page=1

HOUSE BILL 1097 State of Washington 65th Legislature 2017 Regular Session By Representatives Sawyer, Hansen, Fitzgibbon, Stanford, Jinkins, Frame, Gregerson, Santos, Tarleton, and Pollet

Read first time 01/11/17.

Referred to Committee on Community Development, Housing & Tribal Affairs.

AN ACT Relating to tribal consultation regarding hunting rights
and activities; and amending RCW 43.376.050 and 77.04.055.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 43.376.050 and 2012 c 122 s 5 are each amended to
read as follows:
(1) At least once a year, the governor and other statewide elected officials must meet with leaders of Indian tribes to address
issues of mutual concern.
(2) The governor must maintain for public reference an updated list of the names and contact information for the individuals designated as tribal liaisons and the names and contact information for tribal leadership as submitted by an Indian tribe.

(3) The governing body of any tribal government of a tribe with
federally recognized hunting rights within the state may request a consultation with the governor and the fish and wildlife commission regarding any specific fish and wildlife department policy, rule, or action that affects tribal hunting rights. The governor must convene a meeting within thirty days of receiving such a request. The fish and wildlife commission must attend the meeting, or delegate this responsibility to the director of the department of fish and wildlife, when agreed upon by the requesting tribe. Any meeting convened pursuant to this section is not subject to the requirements of the open public meetings act, chapter 42.30 RCW.

Sec. 2. RCW 77.04.055 and 2000 c 107 s 204 are each amended to read as follows:
(1) In establishing policies to preserve, protect, and perpetuate
wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:
(a) Review and prescribe basic goals and objectives related to8
those policies; and
(b) Review the performance of the department in implementing fish and wildlife policies. The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.
(2) The commission shall establish hunting, trapping, and fishing
seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.
(3) The commission shall establish provisions regulating food
fish and shellfish as provided in RCW 77.12.047.
(4) The commission shall have final approval authority for
tribal, interstate, international, and any other department
agreements relating to fish and wildlife.
(5) The commission must agree to consult with the governor and tribal governments, pursuant to RCW 43.376.050.
(6) The commission shall adopt rules to implement the state's
fish and wildlife laws. (((6)))
(7) The commission shall have final approval authority for the department's budget proposals. (((7)))
(8) The commission shall select its own staff and shall appoint the director of the department. The director and commission
staff shall serve at the pleasure of the commission.

--- END ---


Here is the existing statute that is being amended by adding a new (5) as shown above.

RCW 77.04.055
Commission—Duties.
(1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:
(a) Review and prescribe basic goals and objectives related to those policies; and
(b) Review the performance of the department in implementing fish and wildlife policies.
The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.
(2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.
(3) The commission shall establish provisions regulating food fish and shellfish as provided in RCW 77.12.047.
(4) The commission shall have final approval authority for tribal, interstate, international, and any other department agreements relating to fish and wildlife.
(5) The commission shall adopt rules to implement the state's fish and wildlife laws.
(6) The commission shall have final approval authority for the department's budget proposals.
(7) The commission shall select its own staff and shall appoint the director of the department. The director and commission staff shall serve at the pleasure of the commission.


Edited by bushbear (01/13/17 10:07 PM)
Edit Reason: added background info

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#971437 - 01/13/17 06:50 AM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
FleaFlickr02 Online   content
River Nutrients

Registered: 10/28/09
Posts: 3314
Section 2 looks like a transition of significant authority over to the Commission, which could be very good for us, depending on who's on the Commission at a given time.

Section 1 looks like a dangerous precedent. This will get mangled by both sides, then thrown out. Too polarizing (IMO).

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#971438 - 01/13/17 07:15 AM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
Carcassman Offline
River Nutrients

Registered: 11/21/07
Posts: 7410
Loc: Olema,California,Planet Earth
I am pretty sure that Section 2 exists except that #5 has been added, if my memory of how amendments are shown in bills is correct. So, rather than adding authority, it deletes some.

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#971443 - 01/13/17 10:00 AM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
FleaFlickr02 Online   content
River Nutrients

Registered: 10/28/09
Posts: 3314
Ah, yes. I think you're right. I guess I read through that list of Commission powers, and it looked to me to be FAR more significant than what I've observed in interactions between the Commission, WDFW, and the Legislature, so I figured it was new. Makes total sense, given the context of the bill, that (5) is the whole reason for Section 2's inclusion.

Yup. It's what we thought it was: "Sovereign" governments giving the Washington public the middle finger, with support from our elected officials. The "Representatives" backing this should be tried for treason. Instead, they'll get awards for their dedication to "citizens' rights."

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#971453 - 01/13/17 12:50 PM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
Carcassman Offline
River Nutrients

Registered: 11/21/07
Posts: 7410
Loc: Olema,California,Planet Earth
They'll get their campaign contributions increased.

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#971454 - 01/13/17 12:53 PM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
Lucky Louie Offline
Carcass

Registered: 11/30/09
Posts: 2286
Does anybody know how many tribal governments there are with federally recognized hunting rights?
_________________________
The world will not be destroyed by those that are evil, but by those who watch them without doing anything.- Albert Einstein

No you can’t have my rights---I’m still using them





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#971460 - 01/13/17 02:26 PM Re: HB 1097 Tribal consulation on hunting rights [Re: Lucky Louie]
Lucky Louie Offline
Carcass

Registered: 11/30/09
Posts: 2286
Originally Posted By: Lucky Louie
Does anybody know how many tribal governments there are with federally recognized hunting rights?


Could be up to 29 sovereign nations dictating, through legislation, a meeting with the governor within 30 days after a request.

From one meeting per year now, to 29 possible requests per month = a possible 348 meetings per year sounds like opening Pandora's box in this poorly thought out bill.
_________________________
The world will not be destroyed by those that are evil, but by those who watch them without doing anything.- Albert Einstein

No you can’t have my rights---I’m still using them





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#971461 - 01/13/17 02:29 PM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
Carcassman Offline
River Nutrients

Registered: 11/21/07
Posts: 7410
Loc: Olema,California,Planet Earth
Or, WDFW could just roll over and say "Whatever you want, Boss".

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#971465 - 01/13/17 02:45 PM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
bushbear Offline
River Nutrients

Registered: 08/26/02
Posts: 4709
Loc: Sequim
I think most, if not all, of the Stevens treaties signed with the tribes around Puget Sound had a provision for hunting and fishing in usual and accustomed areas. I think there was a reference to open and unclaimed lands as it relates to hunting. A question is - What are "open and unclaimed" lands - USFS, BLM, NPS, maybe private timber lands (no houses).....? What about season structure and herd management issues?

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#971469 - 01/13/17 03:44 PM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
Carcassman Offline
River Nutrients

Registered: 11/21/07
Posts: 7410
Loc: Olema,California,Planet Earth
The State and Tribes are supposed to have been co-manageing the Big Game (deer and elk). They have all sorts of agreements/plans about how seasons are set, how data is shared, and so on.

Note the the Muckleshoot have exclusive access to the Cedar river watershed.

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#971500 - 01/14/17 10:43 AM Re: HB 1097 Tribal consulation on hunting rights [Re: Lucky Louie]
Larry B Offline
River Nutrients

Registered: 10/22/09
Posts: 3020
Loc: University Place and Whidbey I...
Originally Posted By: Lucky Louie
Originally Posted By: Lucky Louie
Does anybody know how many tribal governments there are with federally recognized hunting rights?


Could be up to 29 sovereign nations dictating, through legislation, a meeting with the governor within 30 days after a request.

From one meeting per year now, to 29 possible requests per month = a possible 348 meetings per year sounds like opening Pandora's box in this poorly thought out bill.


Another angle in looking at this is that the proposed new language gives the requesting tribe the power to demand that the (entire? Chair??) Commission attend in person in lieu of designating the Director as their representative:

" The fish and wildlife commission must attend the meeting, or delegate this responsibility to the director of the department of fish and wildlife, when agreed upon by the requesting tribe."[i][/i]

Insofar as the Commission consists of unpaid volunteers how might this legislative dictate affect the quality of Commissioners and their commitment? Seems like a perfect opportunity for the Law of Unintended Consequences to rear its ugly head!
_________________________
Remember to immediately record your catch or you may become the catch!

It's the person who has done nothing who is sure nothing can be done. (Ewing)

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#971507 - 01/14/17 12:28 PM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
Carcassman Offline
River Nutrients

Registered: 11/21/07
Posts: 7410
Loc: Olema,California,Planet Earth
Unintended Consequences? They want the Commission out of the loop.

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#971523 - 01/14/17 06:52 PM Re: HB 1097 Tribal consulation on hunting rights [Re: Carcassman]
Larry B Offline
River Nutrients

Registered: 10/22/09
Posts: 3020
Loc: University Place and Whidbey I...
Originally Posted By: Carcassman
Unintended Consequences? They want the Commission out of the loop.


Well, you may be right. If the frontal attack doesn't work just make it too onerous for anyone to want the job and the whole process implodes.
_________________________
Remember to immediately record your catch or you may become the catch!

It's the person who has done nothing who is sure nothing can be done. (Ewing)

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#971529 - 01/14/17 08:05 PM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
Carcassman Offline
River Nutrients

Registered: 11/21/07
Posts: 7410
Loc: Olema,California,Planet Earth
Basically make WDFW a Cabinet Agency, directly under the Governor's thumb. With the decline in support by hunters and fishermen the agency will be "broke". If the Commission carries through with the threat to produce fish for payees then the Leg will need to supply salmon hatchery money through the GF. Like back when WDG got GF money and became WDW the cost will be the Governor appoints the Director.

I think the next few years will be kinda ugly.

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#971539 - 01/14/17 11:35 PM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
eyeFISH Offline
Ornamental Rice Bowl

Registered: 11/24/03
Posts: 12766
Representatives Sawyer, Hansen, Fitzgibbon, Stanford, Jinkins, Frame, Gregerson, Santos, Tarleton, and Pollet


have obviously succumbed to the coercive stance of a sovereign nation to throw their own constituents under the bus.

This is outright un-American.
_________________________
"Let every angler who loves to fish think what it would mean to him to find the fish were gone." (Zane Grey)

"If you don't kill them, they will spawn." (Carcassman)


The Keen Eye MD
Long Live the Kings!

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#971544 - 01/15/17 08:41 AM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
Carcassman Offline
River Nutrients

Registered: 11/21/07
Posts: 7410
Loc: Olema,California,Planet Earth
Doc, it's perfectly American. Gubmint to the highest bidder. They got got bought, they "earned" their donations.

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#971549 - 01/15/17 11:17 AM Re: HB 1097 Tribal consulation on hunting rights [Re: eyeFISH]
Lucky Louie Offline
Carcass

Registered: 11/30/09
Posts: 2286
Originally Posted By: eyeFISH
Representatives Sawyer, Hansen, Fitzgibbon, Stanford, Jinkins, Frame, Gregerson, Santos, Tarleton, and Pollet
This is outright un-American.


When I called the sponsor of this bill Friday asking how many federal recognized tribes there are with hunting rights in this state, I also had other concerns regarding these individual sovereign nations demanding consultation with another government through our laws created by our lawmakers in Olympia.

Besides the governor, these sovereign nations are demanding to be heard by the state F&W commission through state legislative law. If a meeting by these nations was requested of the F&W commission they would be invited with open arms in a public open setting.

But again, these same sovereign nations are demanding no open public meeting through our legislative laws? I’m disappointed that the sponsor of this bill would support such totally un-American back world communistic ideals.

What the hell are you thinking emails going to all co sponsors of this bill along with thoughts to my district legislators.


Edited by Lucky Louie (01/15/17 11:21 AM)
_________________________
The world will not be destroyed by those that are evil, but by those who watch them without doing anything.- Albert Einstein

No you can’t have my rights---I’m still using them





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#971551 - 01/15/17 11:53 AM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
Carcassman Offline
River Nutrients

Registered: 11/21/07
Posts: 7410
Loc: Olema,California,Planet Earth
Another thought on the whole Commission/Governor/Tribes. It was an initiative that created WDFW and took it out from under the Governor's thumb. Enough time has passed that the Leg, by a simple majority, can change that RCW completely.

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#972076 - 01/26/17 08:06 AM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
Lucky Louie Offline
Carcass

Registered: 11/30/09
Posts: 2286
2017 REGULAR SESSION

Jan 11 First reading, referred to Community Development, Housing & Tribal Affairs (Not Officially read and referred until adoption of Introduction report). (View Original Bill)

Jan 25 Public hearing in the House Committee on Community Development, Housing & Tribal Affairs at 8:00 AM. (Committee Materials)

Jan 26 Scheduled for executive session in the House Committee on Community Development, Housing & Tribal Affairs at 1:30 PM (Subject to change). (Committee Materials)
_________________________
The world will not be destroyed by those that are evil, but by those who watch them without doing anything.- Albert Einstein

No you can’t have my rights---I’m still using them





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#972091 - 01/26/17 01:43 PM Re: HB 1097 Tribal consulation on hunting rights [Re: bushbear]
Lucky Louie Offline
Carcass

Registered: 11/30/09
Posts: 2286
This bill would send us back several decades where politics trumped conservation in clandestine settings instead of open public meetings.

HB 1097 is in direct conflict of Referendum 45 that was initiated by the legislature and sent to the public for vote in 1995 regarding transparency through open meetings when it came to administering of the fish and wildlife of this state through the F&W commission.

HB 1097 is a step in the wrong direction dictating closed door policy that the legislature and voters of 1995 were totally against.


Edited by Lucky Louie (01/26/17 01:49 PM)
_________________________
The world will not be destroyed by those that are evil, but by those who watch them without doing anything.- Albert Einstein

No you can’t have my rights---I’m still using them





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