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#984376 - 01/27/18 05:51 PM Re: Should the commission be disbanded? [Re: Geoduck]
Chasin' Baitman Offline
Returning Adult

Registered: 08/15/12
Posts: 253
I wrote a letter to the AG. I'm just dealing with the dereliction of duty aspect, not the plan itself.

Attorney General Bob Fergusen,

I am writing you to express my shock and dissatisfaction at the Attorney General’s dereliction of duty as it relates to the development of the Puget Sound Chinook Harvest Management Plan.

May I first remind you that the AGO’s mission, as outlined on your own site, states that you will “…provide excellent, independent, and ethical legal services to the State of Washington and protect the rights of its people.” Your first core value states, “…remember that we serve the people of Washington.” Also, the first amendment of the Constitution of the US states that the people have the right “to petition the Government for a redress of grievances.” A right, which I assume extends to the people of the State of Washington and our state government.

Advising WDFW to secretly develop a plan, whose ultimate form is intended to become law, clearly violates all of the above principles.

Mike Grossman is an incredibly talented attorney. I am both astounded and horrified at the creativity he employed to keep the public out of the development of this plan. But he easily could have chosen the other path. Instead of claiming that WDFW’s hands were tied by the mitigation, he could have used his talent to figure out a way to include the public. Failing that, he should have just said “No – excluding the public violates the principles of my office and would be a disservice to the people of my state”.

Additionally, AAG Frymire, who apparently was supposed to be looking out for WDFW’s Commission (and therefore the public) remained quiet and out of view. Which to me smells of collusion.

Grossman’s actions, and Frymire’s inaction are a dereliction of duty by them, and by extension, your entire office. I am formally requesting that Grossman and Frymire step down. I am also requesting a review of the Attorney General’s handling of this matter by an independent entity outside of your office. I will be pursing this with the Governor.

You have failed the people of this state, and betrayed our trust.

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#984397 - 01/27/18 09:20 PM Re: Should the commission be disbanded? [Re: Chasin' Baitman]
Bay wolf Offline
Repeat Spawner

Registered: 10/26/12
Posts: 1075
Loc: Graham, WA
Very well written and exactly what needed to be said and to who it needed to go to. Thank you for taking the time to send a letter.


Edited by Bay wolf (01/27/18 09:28 PM)
_________________________
"Forgiveness is between them and God. My job is to arrange the meeting."

1Sgt U.S. Army (Ret)

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#984432 - 01/28/18 12:48 PM Re: Should the commission be disbanded? [Re: Geoduck]
Take-Down Offline
Juvenile at Sea

Registered: 02/29/08
Posts: 117
I've been consistently harsh regarding the ridiculous and inappropriate manner in which the Management Plan was negotiated. But we should also remember that the AG's office has some really talented and dedicated attorneys. The AG's office did a good job protecting the revised crab allocation several years ago against attack from commercial crabbers. It will be more difficult for them to prevail against the law firms and campaign donations that the tribes intend to use to get their way as we move forward on tribe related issues. That said, it was the WA AG's office that first stepped up to oppose Trump's Muslim ban, and they had their successes. Regardless of your politics, the action that they took required guts, creativity, legal skill and hard work. I believe they also pulled in private lawyers, probably working pro-bono, for short term support--something I wish they would also do on certain WDFW matters. When WDFW, the Commission and the AG's office are all on the same page, they can be formidable.

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#984433 - 01/28/18 12:57 PM Re: Should the commission be disbanded? [Re: Chasin' Baitman]
Jake Dogfish Offline
Spawner

Registered: 06/24/00
Posts: 554
Loc: Des Moines
Originally Posted By: Chasin' Baitman
I wrote a letter to the AG. I'm just dealing with the dereliction of duty aspect, not the plan itself.

Attorney General Bob Fergusen,

I am writing you to express my shock and dissatisfaction at the Attorney General’s dereliction of duty as it relates to the development of the Puget Sound Chinook Harvest Management Plan.

May I first remind you that the AGO’s mission, as outlined on your own site, states that you will “…provide excellent, independent, and ethical legal services to the State of Washington and protect the rights of its people.” Your first core value states, “…remember that we serve the people of Washington.” Also, the first amendment of the Constitution of the US states that the people have the right “to petition the Government for a redress of grievances.” A right, which I assume extends to the people of the State of Washington and our state government.

Advising WDFW to secretly develop a plan, whose ultimate form is intended to become law, clearly violates all of the above principles.

Mike Grossman is an incredibly talented attorney. I am both astounded and horrified at the creativity he employed to keep the public out of the development of this plan. But he easily could have chosen the other path. Instead of claiming that WDFW’s hands were tied by the mitigation, he could have used his talent to figure out a way to include the public. Failing that, he should have just said “No – excluding the public violates the principles of my office and would be a disservice to the people of my state”.

Additionally, AAG Frymire, who apparently was supposed to be looking out for WDFW’s Commission (and therefore the public) remained quiet and out of view. Which to me smells of collusion.

Grossman’s actions, and Frymire’s inaction are a dereliction of duty by them, and by extension, your entire office. I am formally requesting that Grossman and Frymire step down. I am also requesting a review of the Attorney General’s handling of this matter by an independent entity outside of your office. I will be pursing this with the Governor.

You have failed the people of this state, and betrayed our trust.


I don’t get what these emails hope to accomplish.

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#984446 - 01/28/18 02:10 PM Re: Should the commission be disbanded? [Re: Geoduck]
Chasin' Baitman Offline
Returning Adult

Registered: 08/15/12
Posts: 253
So I take it you're a-OK with fishing policy being developed in secret, with no forum for input by the public?

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#984449 - 01/28/18 03:30 PM Re: Should the commission be disbanded? [Re: Geoduck]
Carcassman Online   content
River Nutrients

Registered: 11/21/07
Posts: 7438
Loc: Olema,California,Planet Earth
It was a different AG but way back the AG's office went to Federal Court over a dispute as to where a reservation boundary was. WDF wanted the AG's Office not to pursue it but they did and they won. The Tribes don't always win in court.

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#984452 - 01/28/18 03:52 PM Re: Should the commission be disbanded? [Re: Chasin' Baitman]
Jake Dogfish Offline
Spawner

Registered: 06/24/00
Posts: 554
Loc: Des Moines
Originally Posted By: Chasin' Baitman
So I take it you're a-OK with fishing policy being developed in secret, with no forum for input by the public?

Obviously I think they should be public, but that’s not up to me.
I don’t see what that has to do with telling the attorney general what a loser he is.
You guys keep up this cowboy vs Indians game and ignore that we split half our fish with another entity that gets a free pass.

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#984454 - 01/28/18 04:32 PM Re: Should the commission be disbanded? [Re: Jake Dogfish]
Bay wolf Offline
Repeat Spawner

Registered: 10/26/12
Posts: 1075
Loc: Graham, WA
Originally Posted By: Jake Dogfish
Originally Posted By: Chasin' Baitman
So I take it you're a-OK with fishing policy being developed in secret, with no forum for input by the public?

Obviously I think they should be public, but that’s not up to me.
I don’t see what that has to do with telling the attorney general what a loser he is.
You guys keep up this cowboy vs Indians game and ignore that we split half our fish with another entity that gets a free pass.


If I may. What we (Washington Citizen Sportsmen) have been fighting for is fair, open and equitable fish management. That the management of our resources should not be done in closed door meetings, with select participation. We have NEVER advocated for, and NEVER will advocate for an Us vs Them situation. We have always stated, WE can accomplish a great deal of good by woking together. And the current place of our fisheries DEMANDS cooperation. What we are wanting is to have EVERYTHING out in the open, no matter WHO is involved. It just so happens that at this moment, our tribal co-managers are the ones blocking transparency. As we said, it doesn't mater who it is blocking, it is wrong and is damaging to the resources and to true trust and cooperation.

I think what the letter about the AAG'S are about, is that they have crossed the line as legal advisor's and have actually pubically come out with a position on confidentiality, in fact SUPPORTING it in as a means to allow "people to express themselves". We agree, the AG's office in all probability is going to have to step in to help resolve this loggerhead we find ourselves in. The Citizen's of the State demand Open and fair government, the Tribes say NO! It will eventually need to go in front of a judge. However, we don't feel really comfortable with a guy pleading our side of the case, who has already publicly said he see's an need for secrets in our fisheries.
_________________________
"Forgiveness is between them and God. My job is to arrange the meeting."

1Sgt U.S. Army (Ret)

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#984463 - 01/28/18 05:34 PM Re: Should the commission be disbanded? [Re: Geoduck]
Salmo g. Online   content
River Nutrients

Registered: 03/08/99
Posts: 13526
It's interesting on the one hand, that our state legislators believe they are exempt from the Public Disclosure Act and had to hire private attorneys to fight it in court (and lose). The judge asked the state AG's office to file a friend of the court brief, because it would be normal in such situations for the AG to defend the state legislators in a court proceeding. However, the AG's office declined, saying they disagreed with the legislators claim that they could keep their public records secret and actually agreed with the media groups (newspapers) who are suing the Legislature to open up such records.

Yet the same AG's office, or its representatives for WDFW believe it's appropriate for the agency to violate the Open Public Meetings Act and negotiate in secret with the tribes at NOF while shutting out the very constituency who fund their existence and ability to be participants in NOF.

Weird.

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#984464 - 01/28/18 05:42 PM Re: Should the commission be disbanded? [Re: Geoduck]
Jake Dogfish Offline
Spawner

Registered: 06/24/00
Posts: 554
Loc: Des Moines
Baywolf and Salmo, I think I just got schooled. Thanks!

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#984465 - 01/28/18 05:54 PM Re: Should the commission be disbanded? [Re: Carcassman]
darth baiter Offline
Juvenile at Sea

Registered: 04/04/10
Posts: 200
Loc: United States
The Tribes don't always win but I would be surprised that the States batting average on the big cases is above the Mendoza line.

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#984473 - 01/28/18 06:56 PM Re: Should the commission be disbanded? [Re: Geoduck]
Carcassman Online   content
River Nutrients

Registered: 11/21/07
Posts: 7438
Loc: Olema,California,Planet Earth
Sometimes, when you lose you win. The second appeal that the State made to the Supremes they "lost". But, the sharing was expanded to include all Tribal catch, not just off-rez commercial.

The situation with the courts was not as bad as the state would like to portray it.

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#984541 - 01/29/18 04:42 PM Re: Should the commission be disbanded? [Re: Jake Dogfish]
Chasin' Baitman Offline
Returning Adult

Registered: 08/15/12
Posts: 253
Originally Posted By: Jake Dogfish
Originally Posted By: Chasin' Baitman
So I take it you're a-OK with fishing policy being developed in secret, with no forum for input by the public?

Obviously I think they should be public, but that’s not up to me.
I don’t see what that has to do with telling the attorney general what a loser he is.
You guys keep up this cowboy vs Indians game and ignore that we split half our fish with another entity that gets a free pass.


I’m trying to split the problems. The first being the secrecy in which the plan was developed, the second being the plan itself.

I am crafting my communications regarding the plan itself, which include addressing NOAA’s double standard as it relates to ESA and AK harvest.

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#984588 - 01/30/18 10:46 AM Re: Should the commission be disbanded? [Re: Geoduck]
bodysurf Offline
Returning Adult

Registered: 11/28/01
Posts: 324
Loc: olympia
The commission better hire people that are up to speed. and make sure THEY hire people up to speed..because when people above you tell you things like 'i thought i knew about hatcheries before i came but now i realize i don't know that much at all...' well..it doesn't inspire confidence...

unsworth would go off and talk to the wildlife folks and ditch the fish people at regional meetings...not inspiring either...

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