Petition to Open the WDFW/Tribal NOF Meetings

Open Meetings Petition: NOF WDFW/Tribal

SEND A CLEAR MESSAGE THAT WE WILL NO LONGER BE KEPT IN THE DARK AND TAKEN ADVANTAGE OF.

SEND THE LETTER ON THE PETITION TO TELL WDFW AND THE TRIBES TO STOP BARRING THE DOORS TO THE PUBLIC!

TRANSPARANCY IS THE FIRST MAJOR STEP IN FIXING THE BROKEN CO-MANAGMENT SYSTEM. NO MORE DEALS MADE IN SECRET MEETINGS.

THANK YOU FOR THE SUPPORT AND PLEASE FORWARD THE LINK TO OTHERS . NOW IS THE TIME TO SHOW SOLIDARITY!!
SIGN NOW!

I'm #3

Think I might have been number 5 to sign. Nothing happened when I clicked the "sign here" spot. Maybe they're saving the fireworks "til midnight...

It's registering your signatures gentlemen. Thank you all very much for the support! Please use all your social media methods including texts to get the word out about this petition! Let's make 2017 the year we took back our fisheries!

This board has over 11 thousand members. Imagine the message we can send if half that number signed!

Again, Thank You so far for signing!


P.S. Great comments!!

Signed. Thanks for taking the time to set this up.

22 HAVE SIGNED SO FAR, GREAT START! 85 VIEWS THOUGH...

THANK YOU TO ALL. LETS KEEP IT GOING!

WE CAN WILL MAKE A DIFFERENCE.

PASSED THE 41 SIGNATURE MARK IN JUST A FEW HOURS.

THANKS TO YOU AND YOUR SUPPORT, WE ARE OFF TO A GREAT START!

PLEASE PASS ON THE PETITION TO FRIENDS, FAMILY AND FELLOW SPORTSMEN.

WE ARE GOING TO BE HEARD!!!

WE REACHED 88 THIS MORNING!!

THANK YOU TO EVERYONE WHO HAS SIGNED AND HAS ENCOURAGED OTHERS TO.

LET'S KEEP THE MOMENTUM GOING. PLEASE HELP GET THE WORD OUT! RE-POST THE PETITION LINK ON OTHER BOARDS THAT YOU BELONG TO. USE THE TWITTER LINK, OR THE FACEBOOK ONE. THERE IS EVEN AN EASY WAY TO SEND THE PETITION LINK BY TEXT MESSAGE IF YOU GO TO THE PETITION ON YOUR CELL.

THERE ARE SOME REALLY GREAT COMMENTS LEFT FROM SUPPORTERS AS WELL!

Done.

I would suggest that Governor Inslee, the state legislators, the state Federal legislators, and NOAA/NMFS and USFWS should also get the information.

Signed.

Good call, we'll make it happen.

Thanks for the support. Please get a couple other signatures, we need all we can get.

Thank you! Again, hope your working on getting at least a couple others to sign.

We are doing good! THANK YOU TO EVERYONE WHO SIGNED ON!

Here are a few of the comments that were left from supporters:

"If it comes to the fishing and hunting in this state everything should be transparent to us the sportsmen who pay for a license in my case 37 years. We should know everything about what's going on with our fish and game!"

"We need transparency. Open these meetings to keep them fair for all."

"Government is for the people by the people, not meant to be run behind closed doors."

The people are speaking up. WE WILL BE HEARD!!

We are at 161 signatures. A good start, but we are at a whisper. I know we can ROAR!!

PLEASE, HELP BY GETTING A COUPLE GUYS OR GALS YOU KNOW TO SIGN ON. LETS PUSH TO 200 BEFORE THE GAME STARTS! I KNOW WE CAN DO IT!

Forwarded to some of my contacts.

Excellent! Thank you!

Posted it on reddit. If you haven't already consider posting on Washington Fly FIshing, SteelheadNotebook and steelheader.net (pretty dead now a days)

There is an option to share the petition on Facebook, which I did after signing it. Besides sharing it there for you, it lets you know when anyone signs it from there, and seven of my Facebook friends have clicked on it and signed.

It works...make sure you share it!

Fish on...

Todd

I posted to Ifish last night, and it's getting a good response there.... 1024 views and 16 replies indicating they all signed.

http://www.ifish.net/board/showthread.php?t=1357785

Thank you!

Pretty big ratio between views and signatures across the various boards.

It'd be great to to get one in three to sign!

But were doing good, lots of support. Thanks for all the help getting the word out!

Thanks guys and gals for signing and for sharing!

We are currently sitting at 197! Wonder who will be the 200th to sign.

Lots of good support so far, and some great comments as well.

I see we are getting lots of views across the various boards. It would be exciting to see a one to three ratio sign. We'd be well over 400 then.

Any ideas on how to get some of the views to sign?

KEEP UP THE FIGHT!!

JUST WENT OVER 200!! WAY TO GO!
Let's keep the momentum going!
Keep asking your friends, family and contacts to support.

Don't forget to use all the multimedia methods to share as well.

THANK YOU EVERYONE WHO HAS GOTTEN US TO 200 AND THOSE WHO'VE SHARED AND ENCOURAGED OTHERS TO SIGN.

CAN WE GET TO 500???

Just a quick note for the guys that might jump to the last thread and miss what we are trying to do. We have a lot of momentum in getting the WDFW/Tribal meetings opened to the public. We have support in the WDFW Commission, but they need a large show of support from us.

For those of you that have (or are) viewing this post, but might not want to bother with the petition, please, take a minute to open the petition and sign. It only takes a minute and it will send a very clear message that we have solidarity!

Thank you.

Petition to Open WDFW/Tribal NOF Meetings

Done. Thank you!

Thanks Nick!

Please keep sharing and encouraging others to support and sign.

Need the momentum to grow!!

It's bigger than just a fish, it's about transparency in government and the little guy getting pushed aside. NOT ANYMORE!

Signed. Thanks for your help setting this up.

fp signed off of a Facebook post.

fp

Thanks for the support!

WE JUST PASSED THE 250 MARK!! HALF WAY TO 500!

GREAT WORK GUYS AND GALS. PLEASE, KEEP SHARING THROUGH ALL THE SOCIAL MEDIA CHANNELS!

THANK YOU ALL FOR ALL THE SUPPORT!

Done - #265

Sweet!! What a great show of solidarity!! Thank you!

WE'VE REACHED 300 SIGNATURES! GREAT EFFORT ON YOUR PART. SOLIDARITY AND A GRASS ROOTS MOVEMENT!

THANKS FOR ALL THE SUPPORT. LETS KEEP GOING, PLEASE KEEP SHARING THE PETITION. THERE ARE A LOT OF PEOPLE WHO ARE TIRED OF THE SECRET MEETINGS AND BACK ROOM DEALS THAT WE NEED TO REACH SO THEY CAN ADD THIER VOICES TO OURS!

Signed #378

Thank you!!

WE ARE ONLY 122 SIGNATURES AWAY FROM REACHING 500!!
You are all doing a great job at getting the word out, but we need a push!
Please, take a moment and get your friends, family and co-workers involved. Let them know you're passionate about getting transparency and fairness back in our hands! Ask them to support by signing, and reaching out to others! We know there are more than 500 people who care about fairness, equality and transparency in our fisheries and Government.
LET'S REACH THEM AND GET THEIR SUPPORT!
WE WILL BE HEARD!!

WE ARE CLOSE, BUT WE NEED A SURGE

We are very close to the 500 signature milestone! Thanks to all who've supported so far. We all know that numbers talk to bureaucrats, and the more numbers, the more they pay attention. We want to ask everyone who's signed, please, make every effort to get at least two more signatures. That will push our numbers over 1000! A thousand signature petition from a grass roots movement handed to Dir. Unsworth, letting him know we are done with secret meetings! Please, make the commitment to get a couple more to sign! It's that important.

If you haven't yet signed, please do so, we really need your support.

I was 499!!! one more to 500

Done.

Piper! Fish!

Fantastic!! What a great way to start our third day, reaching 500!

Thank you for your support. Please try and get at least two other signatures. The power is growing my friends...the Sportsmen is no longer sitting on the sidelines! HEAR THE THUNDER!!!

If everyone can reach out to two neighbors, friends or co-workers and get them to sign, we can triple the power of your signature!

THANK YOU!!!

THIS IS A MAJOR MILESTONE, ONE THAT GRASS ROOT, WORD OF MOUTH PETITIONS RARELY REACH. IT SPEAKS TO THE IMPORTANCE OF THE CAUSE, AND THE SOLIDARITY OF THE SPORTSMEN AND WOMEN OF THIS STATE!
TAKE A MOMENT. TAKE IN YOUR ACHIEVEMENT, YOUR PASSION AND DEDICATION TO THE BETTERMENT OF "OUR" FISHERIES HAS ACCOMPLISHED THIS!

BUT OUR WORK IS NOT OVER. 500 IS AN IMPRESSIVE NUMBER, BUT IT PAILS IN COMPARISON TO THE NUMBER OF LICENSED FISHERMEN IN THIS STATE, ADD TO THAT NUMBER THE CITIZENS THAT ARE CONCERNED ABOUT TRANSPARENCY IN OUR GOVERNMENT AND IT BECOMES CLEAR THAT WE HAVE A LOT MORE ADVOCATES TO CONTACT SO THEY TOO, CAN ADD THEIR VOICE.

ALL IT TAKES IS FOR EACH OF YOU TO COMMIT TO GETTING JUST TWO MORE SIGNATURES. INFORM FRIENDS, FAMILY, CO-WORKERS, OR YOUR NEIGHBORS. ASK THEM TO SUPPORT THIS. WE HAVE A REAL CHANCE HERE TO FINALLY SHOW WDFW, THE GOVERNOR AND THE TRIBES THAT THE SPORTS FISHERMEN IS NOT SOME DIVIDED HOUSE THAT CAN BE IGNORED. WE ARE ORGANIZED, AND WE HAVE A VERY, VERY LARGE VOICE.

WE HAVE CONTACTED KING5 NEWS ABOUT THIS PETITION AS WELL. I WAS TOLD THEY ARE WORKING ON A STORY ABOUT THE NOF OPEN MEETING ISSUE WHICH MAY AIR NEXT WEEK. IMAGINE IF THEY REPORTED WE HAD OVER A THOUSAND SIGNATURES!

We've noticed that there have been a LOT of views in relation to numbers of signatures. It seems like a lot of people are looking at the thread, yet those views are not corresponding into signatures. I understand that many of the views are guys coming back in to look at updates, but I think we should be seeing higher signature numbers with that many views, if most who viewed signed.

Can someone who viewed, but not signed chime in and let us know what kept you from signing? No hating of flaming, I would just like to know if there is anything we can change to perhaps convince more to support.

Numbers really to equate to strength, especially in grass root issues like this.

Thanks.

Some on Ifish postulated that the requirement to enter an e-mail address may be the reason such a high proportion of petition viewers are cautious about signing on.

Signed.

Shared.

Done

JUST PASSED 566!!!
Thanks Godlove, Cobble and everyone's who signed and helped get others to join in!

I get it about not wanting to put their email address in, nobody wants junk mail. But it's so easy to opt out, and this is a very important cause. Not only about the specific issue, but the SHOW OF SOLIDARITY FROM THE NON-TRIBAL FISHERMEN IS AMAZING!!
YES, BOTH SPORT AND COMMERCIAL GUYS ARE STANDING SIDE BY SIDE AND SUPPORTING THIS! WE EVEN HAVE REGULAR CONCERNED CITIZENS JOINING!!

IMAGINE THE ROAR OF ALL THOSE VOICES!!!!

We really have an opportunity here to display what a huge factor we can be!!

This movement can and will carry over!

PM sent earlier today from me. Did you get a chance to look at it.

Signed and shared.

Sorry, things have been pretty busy. Just got back to you.

WE JUST GOT OUR 6OOTH SIGNATURE!! WE ARE CATCHING ON FIRE NOW!
THANKS TO YOU AND YOUR TREMENDOUS EFFORT WE ARE NOW AT 600 AND GAINING MOMENTUM! WE UNDERSTAND THE CCA OF WASHINGTON STATE HAS PROVIDED IT'S MEMBERS A LINK TO THE PETITION. WELCOME TO THE FIGHT!

WE CANNOT EASE UP NOW! THERE ARE SO MANY OTHERS THAT ARE AS CONCERNED ABOUT THIS ISSUE AS WE ARE, BUT DON'T KNOW ABOUT THE PETITION. WE OWE THEM THE HOPE! THEY DESERVE TO KNOW ABOUT THE PETITION. DESERVE TO HAVE THEIR VOICE HEARD!

TALK TO EVERYBODY YOU CAN, LET THEM KNOW WHAT WE ARE DOING. THAT WE ARE STRONG AND GROWING STRONGER, ONE SIGNATURE AT A TIME. ASK THEM TO JOIN, SHOW THEM HOW TO SIGN. LET THEM KNOW WE HAVE A VOICE!
KEEP US GROWING THE FIRE!
LETS TAKE THIS TO 1000 STRONG!

Done

Here is the Commission agenda and see below it is 10:30 the first day for NOF decisions.


January 13-14, 2017

Meeting Agenda

FISH AND WILDLIFE COMMISSION MEETING
January 13-14, 2017

Heathman Lodge
7801 NE Greenwood Drive
Vancouver, WA 98662
http://www.heathmanlodge.com/area-location

8:30 AM 1. Call to Order 1. Commissioners’ Discussion
2. Meeting Minute Approval

8:45 AM 2. Open Public Input
The Commission is a direct link between the citizens of Washington and the Department of Fish and Wildlife. Comments on Department programs and topics of concern are welcome during this portion of the meeting.
NOTE: During this portion of the meeting, the public is encouraged to comment on issues that do not already have public input time on the agenda.

9:15 AM 3. Director’s Report
The Director will brief the Commission on various items.


- Budget Update

10:00 AM 4. Land Transactions – Briefing, Public Hearing and Decision
The Commission will consider approval of various land transactions recommended by the Department for the protection of critical fish and wildlife habitat, enhancement of public recreation opportunities.
Staff Report: Julie Sandberg, Real Estate Section Manager

PUBLIC INPUT (This item only)

10:30 AM Break
10:45 AM 5. North of Falcon Policy C-3608 – Decision
The Commission will consider adoption of proposed modifications to the North of Falcon Policy C-3608. Adopted policy would be in effect from January 2017 through December 2018. Department staff will also brief the Commission on efforts to address greater public transparency within the North of Falcon proceedings.
Staff Report: Kyle Adicks, Intergovernmental Salmon Manager and Bill Frymire, Senior Counsel, Office of the Attorney General

11:45 AM Lunch
1:00 PM 6. Periodic Status Review (Woodland Caribou, Western Pond Turtle and Sandhill Crane) – Briefing, Public Hearing and Decision
Department staff will present Periodic Status Reviews compiled for the state listed species referenced above and provide status recommendations for each to the Commission.
Staff Report: Hannah Anderson, Listing and Recovery Section Manager; Gary Wiles, Lisa Hallock and Derek Stinson, Wildlife Biologists

PUBLIC INPUT (This item only)

1:40 PM 7. Enforcement Program Update – Briefing
Region 5 Enforcement Program staff will provide an overview of how they have focused on the agency goals through achieving the program's strategic objectives and list detailed accomplishments.
Staff Report: Captain Wickersham, Enforcement Program

2:30 PM Break
2:45 PM 8. Profanity Peak Pack Update – Briefing
Department staff will brief the Commission on wolf-livestock conflict in the Profanity Peak pack in 2016.
Staff Report: Donny Martorello, Ph.D., Wolf Policy Lead

3:45 PM 9. Open Public Input
The Commission is a direct link between the citizens of Washington and the Department of Fish and Wildlife. Comments on Department programs and topics of concern are welcome during this portion of the meeting.
NOTE: During this portion of the meeting, the public is encouraged to comment on issues that do not already have public input time on the agenda.

4:15 PM Recess

SATURDAY, JANUARY 14, 2017

8:30 AM 10. Open Public Input
The Commission is a direct link between the citizens of Washington and the Department of Fish and Wildlife. Comments on Department programs and topics of concern are welcome during this portion of the meeting.
NOTE: During this portion of the meeting, the public is encouraged to comment on issues that do not already have public input time on the agenda.

9:00 AM 11. Lower Columbia River Sturgeon Population Status and Management Annual Review – Briefing and Public Input
Department staff will provide the Commission an annual review on lower Columbia River sturgeon, as stipulated within policy C-3001.
Staff Report: Patrick Frazier, Region 5 Fish Program Policy Coordinator and Brad James, Fish and Wildlife Biologist
PUBLIC INPUT (This item only)
10:00 AM Break
10:15 AM 12. Columbia River Basin Salmon Management Policy C-3620 – Briefing, Public Input and Decision
Department staff will brief the Commission on performance of fisheries managed under the Policy through the transition period, including preliminary results for 2016 fisheries, and seek preliminary guidance on potential adaptive management measures for the future.
Staff Report: Ron Warren, Fish Program Assistant Director and Jim Scott, Special Assistant
PUBLIC INPUT (This item only)
1:15 PM 13. Miscellaneous and Meeting Debrief
The Commission will discuss items that arise immediately before or during the meeting and after the preliminary agenda is published.
1:30 PM Adjourn




Contact the Fish and Wildlife Commission Office for further information:
Phone (360) 902-2267
Email: commission@dfw.wa.gov


Persons with disabilities who need reasonable accommodations to participate in the public meeting are invited to contact Dolores Noyes by phone (360-902-2349), TTY (360-902-2207), or email (dolores.noyes@dfw.wa.govl). Reasonable accommodation requests should be received at least three (3) business days prior to the meeting to ensure availability. Please provide two (2) weeks’ notice for requests for ASL/ESL interpretation services. For more information, see http://wdfw.wa.gov/accessibility/reasonable_request.html.

We just got two really great pieces of news!

First, the petition has just gone over 700 signatures! This is a huge show of solidarity from the citizens of this state. We are seeing comments from sport fishermen, non-tribal commercials and regular citizens that are concerned about the fisheries and transparency!
Thank you again, for all the support from those who've signed to date and have encouraged others to join!

NOW THE REALLY BIG NEWS!!!

Your voice is beginning to be heard already, before we've even presented the petition!

On Jan 13, at the Commission meeting, they have put a discussion on Opening the NOF meetings on the agenda!

I will be there along with others to voice support and to represent everyone who has said ENOUGH IS ENOUGH!

If you can attend, that would be fantastic. If not, send in a comment to the Commission stating your support.

It is because of you, and all of us. This is truly a grass roots movement. We have no sponsors, no cooperate support, no mass media. We have each other...and because of that...we are stronger!

We need 16 signatures to hit 800! lets get this done now. Contact someone, get them onboard!

THIS EVENING AT 10:22 WE HAD OUR 800TH PERSON SIGN THE PETITION!

It is amazing yes, 800 people from all backgrounds, banding together to send a clear message that we are done with business as usual in our fisheries..you all have done a fantastic job getting the word out and giving others the chance to join the fight.

There is still work to be done. We have so many more people who are also frustrated and fed up with the secret meetings and failed co-management, but have no idea about this petition. We owe them the opportunity to join in with us and add there voice to ours.

Find a way to reach them. Dig deep, keep fighting, we have a chance to do something really good here.

The following letter came out today from CCA. In the last paragraph, there is a link to Bay Wolf's petition. Hopefully, more CCA members will be signing on.

After posting, it doesn't look like the CCA link to the petition came through on this post. CCA folks who get the letter can follow the link.

*************************

The WDFW Commission is meeting on January 13-14 at the Heathman Lodge in Vancouver (7801 NE Greenwood Dr). The agenda includes two important issues.

Columbia River Reforms
On Saturday, January 14, starting around 10AM, the Commission will hear a report and take public testimony on the Columbia River reform policy. If you have not done so already, please submit comments to the Commission by clicking here. If you would like to provide a public testimony, see these talking points prepared by CCA. Please show up at Saturday’s meeting and support full implementation of the Columbia River reforms! Wear your red CCA hat.

North of Falcon
The Commission is expected to adopt a new North of Falcon policy on Friday, January 13. Last spring, CCA led a coalition effort highlighting the need to reform the broken North of Falcon annual salmon season-setting process by restoring greater fairness and transparency. We understand that staff from WDFW and the Attorney General’s office will provide the Commission a briefing on how open public meeting laws apply to state-tribal North of Falcon meetings, which have been closed to the public at the request of tribal interests.

The Commission may make additional changes to the draft policy, including strengthening provisions to improve the transparency of the process. CCA appreciates the Commission’s efforts to restore greater equity to the North of Falcon process. Email the Commission regarding the North of Falcon policy at commission@dfw.wa.gov, comments will be accepted through January 6. Please consider looking into another grassroots effort that is designed to bring more public awareness to this important issue.

Thank you,
CCA Washington

Certainly appreciate the support, and welcome the CCA members.

CCA has long been an advocate for transparency and fairness in our fisheries. We are proud to have it's members sign the petition as an additional means of voicing their support for having these meetings open to the public.

With every signature, our voice grows.

Done!!

Thanks, Keep up the fight and get others to sign!

Sometimes we lose site of why it is so important to keep fighting!

I want to share a comment with you that we got on the petition site:

Ann
Seattle, WA
1 hour ago
REASON FOR SIGNING

I'm signing this petition because I paid for a fresh water fishing license and have not been able to fish in my area - it's been closed to recreational fishing all around the Seattle area - the Green, Duwamish. Puyallup. Fishing for salmon is not recreational for me and my extended family. We need the fish for food - not party food (salmon balls), but everyday suppers.
Same thing applies to crab fishing.
We work. But our income from middle paying jobs does not cover our needs. The garden and fishing are resources to supplement our livelihood.
I am White, Female, Over Age 60. I am employed.
My extended family consists of three adults and 3 children under age 12.
We don't want to stand in line at a food bank for canned foods high in salt and fat. We want fresh meat - fish, crab, clams.

I just doubled down on my commitment to get the BS stopped in our fisheries!!

signed

Thanks...please, get us "three" more signatures

WE JUST PASSED 900 SIGNATURES AND THEY CONTINUE TO GROW!

It looks like we have finally had ENOUGH of the games, lies and back room deals!

Thank you for signing and for sharing the petition.

PLEASE, WE'RE COUNTING ON YOU TO FIND WAYS TO KEEP REACHING OUT AND GETTING OTHERS TO JOIN THE FIGHT!

LOOK AT THE POST "Printable WDFW Petition Flyer". It has a flyer that you can print off and pass out to people, or post it on bulletin boards. It will reach some that we have missed. Keep using the social media too, it's working, our numbers are growing and we are getting attention!

As of 6:45 this evening, we are 60 signatures shy of getting our one thousandth supporter!

Let's make a real effort to get those 60 contacted, and have them sign. WE CAN MAKE A REAL DIFFERENCE HERE.

Everybody, contact somebody and lets do this!!

Transparency in our fisheries is that important!

Thanks

I just picked up the Jan Reel News, and an article toward the back pages came forward w/ the total attendance for last year's Seattle Boat Show: 57,427. Imagine the potential for signatures (and the resulting unified support) were an active effort put forth to canvas that crowd. The Puyallup, Everett, And Tacoma shows are all ahead...let's get after this!

I agree. Nows the time to start planning and for groups to get together and commit to getting the word spread. I will be going to the Tacoma and Puyallup Shows and doing my best to pass out flyers and talk to people!

Can use some help.

Thought you guys would like to see a letter I received in response to one I sent to Director Unsworth about the Open Meetings issue. Director Unsworth passed it off to the Fish Programs Asst. Director. Here is his response:

FishProgram.AssistantDirector@dfw.wa.gov


Dear Mr. Menchaca:


Thank you for your email to Director Unsworth regarding North of Falcon fishery planning and your interest in opening meetings between WDFW and the tribal co-managers to the public.  The Director forwarded your email to the Fish Program for a response.   There has been more interest than usual this year in the process, and in opening co-manager meetings to the public, due largely to the delays in reaching agreement with the tribes on fisheries in Puget Sound this year.
WDFW is committed to transparency, and undertakes an extensive public rule-making process for setting North of Falcon salmon fisheries each year, following and exceeding the requirements of the Administrative Procedures Act.  This process includes a long list of public meetings, and involves extensive communication between agency staff and interested stakeholders regarding status of fishery proposals and progress of negotiations with the tribes.  The majority of the co-manager negotiations happen in a series of meetings with individual tribes or small groups of tribes from single watersheds, with several larger meetings with multiple tribes from around Puget Sound and coastal Washington also occurring.  All public records created during the process are available.  We understand the interest in opening those meetings to the public, but ultimately there are legal obstacles to doing so.
As you are likely aware, the federally-recognized tribes are legally sovereign governments.  As such, tribal governments are not subject to the state’s Administrative Procedures Act, or the Open Public Meetings Act.  As sovereign governments, the tribes are not required to meet with the general public, or to allow the general public into meetings with state government representatives.  In the past, the tribes have allowed a limited number of members of the public to enter state-tribal North of Falcon meetings to observe, but not actively participate in the meetings.  That practice was ended several years ago by the tribes, as they felt the negotiation positions of the state and tribes were being mischaracterized to the rest of the public by these observers.  WDFW will continue to pursue methods like observer attendance for allowing direct public participation in co-manager meetings, but would ultimately need agreement of the tribes for this to happen
We also ultimately need to reach agreement with the tribal co-managers on fishing seasons that meet conservation objectives in order to receive Federal authorization for fisheries under the Endangered Species Act – the effects of tribal and non-tribal fishing combined must be within acceptable impact levels on all stocks.  There is also the long and complicated legal history of the US v Washington court case that must be considered in setting salmon seasons.  The reality is that meetings and negotiations with the tribal co-managers must occur for fishing seasons to be set – not meeting with the tribes because they do not agree to let the public into the meetings would not likely lead to a productive outcome for state fisheries. 
Many of the perceived issues with co-management of fisheries are the result of the shared interest of state and tribal fishermen in protecting and harvesting a resource that has diminished from historic levels due to deterioration of habitat.  We support co-management of the state’s shared resources and believe the state and tribes are far more effective when we work together to conserve fish and wildlife and their habitat. WDFW remains committed to working with the tribes to improve the North of Falcon process, to working to make that process as transparent as possible, and to helping to ensure our state’s resources are sustainable for future generations.

Here is my reply to him. HE NEVER ANSWERED MY QUESTIONS!!!

Dear Asst. Director

Thank you for your email reply regarding the closed meetings that are held between the Treaty Tribes and the Staff of WDFW.

I am a bit confused by some of your comments, and I hope you will take a moment to clarify your statements.

You say that the tribes, as sovereign governments, are exempt from compliance with the States APA or OPMA. Can you explain why the State government is exempt solely due to “who” they are meeting with? It would appear that since the tribes oppose open meetings, the State has chosen to disregard State law?

In your letter, it says that the State is committed to transparency, and will continue to pursue methods for the public to have access to these, now closed meetings. You mention “legal obstacles”. I’m confused again. To what legal obstacles are you referring? It appears the law requires you to have these meetings open to the public. It is also clear that, the only obstacle is the Co-managers objection. Can you clarify, please?

Further. You state “ The reality is that meetings and negotiations with the tribal co-managers must occur for fishing seasons to be set – not meeting with the tribes because they do not agree to let the public into the meetings would not likely lead to a productive outcome for state fisheries.” If I’m reading this correctly, you are saying that if the tribes walk out of negotiations, because they don’t want the public to have access, we (the State) will not be able to have any fishing because we cannot get permits without the tribes agreement?
If that’s what you’re actually saying, that would mean the tribes have leverage over the State! By being able to control the outcome of the States position, the tribes can dictate how things go. That would be coercion! Please explain.

Please clarify why, after the situation with Coho-gate, the State has not made the permitting process separate from the tribes? It is clear that as long as the tribes can threaten to stop negotiations and the only repercussion is to the State, there will never be a fair and equal process.

Perhaps that’s why the Co-managers are so adamantly opposed to open meetings? Or, is the State also opposed because they don’t want the public to know that the negotiations are not quite as fair as we have been lead to believe?

Looking forward to your answers,

Respectfully,

Mr. Menchaca
Washington State Taxpayer

Baywolf thanks for your efforts!!!
I think the director of Fish and Wildlife is motivated by one person his BOSS the GOV. He could give a rats ARS about his paying customers.
I wrote to the GOV. Christine when I complained about the hatchery chinook changes they made and she made the Director of WDFW respond to my compliant directly.
I am a bit surprised we don't have 20,000 signatures by now.
It blows me away that even in the state we are in as sportsmen getting bent over by the tribes and the state that more citizens are not outraged enough to sign a simple petition.

Signed and thanks to those who got this ball rolling.

Unfortunately the Director's unfortunate position seems pretty clear, but at least somebody up there acknowledges that they at least hear us.

Doing my part to spread word of this travesty of policy making to anyone who will listen.

I deserve no thanks my friend. I'm just a pissed off old fishermen who thought there are a lot of us who are pissed too and wanted to give everyone a voice to tell WDFW we're tired of the BS.


I think we are just not reaching everyone who IS outraged! This is totally a word of mouth project. It has been by one person telling one person that we are at nearly 1000 signatures (986 right now).
The numbers signing has slowed way down in the last 36 hours. I'm thinking this is because we aren't reaching past our small groups that read the boards and such.

What we need is for some ways to break out and reach everyone who has a fishing license. There were about 2.5 million licenses bought this season....imagine!

Reading between the lines, he's admitting that the Tribes have us by the Nads, because if they don't like (or don't get what they want) they just WALK OUT..they still get to fish, we don't. So, what do you think WDFW does to fix this? They close the door so we don't find out! Total BS.

Hold the course...I'm reminded of one of former Seahawks Coach Chuck Knox' cliches, and now direct it to the WDFW hierarchy..." Lead, follow--or get the hell out of the way." Next thing you now, the right to petition the gov't will be illegal--for some of us, at least.
You are handling this very well, Bay wolf. I can't wait for the obligatory response to your reply...

Thanks Greg.

His initial, Party line response was the tactic of trying to make it sound way above our (you and I and everybody who's signed) pay grade.

It's been my experience that once the hard questions are asked by Sportsmen, they just ignore us.

I doubt he has the balls to reply...

You guys got me fired up again!!!

I just shot off this email to the Asst. Director and cc. Alison Morrow, KING5 news. She's the reporter doing the story on the Open Meeting Issue.

Assistant Director,

I’ve not heard back from you regarding the questions I’ve raised to your response.

Perhaps you’ve just accidentally overlooked one of your stakeholders request for clarifications?

Can you please respond so as to clear up the confusion your initial response has caused?

Respectfully.

Yeah it's pretty shocking that the petition hasn't blown up with 10's of 1000's of signatures.

It's more than just the boards... folks are sharing on other social media like Facebook, advocacy groups are sending links to their constituents. The word is getting out, of this I AM convinced.

There's got to something important that we're missing that's keeping folks from signing on. I postulated the whole privacy/e-mail theory. How about the medium Change.org.... do they somehow have a bad rap folks are cautious about?

Or is it all really just another sign of the overwhelming apathy in the recreational fishing community at large? Or maybe that folks are just sick and tired of defeat at every turn where our rec fisheries never seem to get a break from constant assaults?

I know it gets harder and harder as the years go by to fight the good fight, but somebody's got to do it. Thanks for doing your part to be a catalyst for change Bay Wolf.

Here's another question for Unsworth. he says WDFW complies with APA. Yet, when challenged in court over APA they lose. How can you both comply with the law and lose lawsuits over compliance with that same law??

There may be a lawsuit...stand by for updates....


I'm proud of the guys that have jumped on this...

You're right Doc. We've been kicked in the nut sack so much, it almost feels normal...almost.

I'm open to ANY ideas. We got the paper flyer so guys don't have to go to Change.org. Don't have to give an email address, or an address at all.

I feel bad, because I feel like there ARE a lot of people out there (Got to be) that are angry too, but just don't know about the petition. I want them to have a voice.

Thanks everyone who won't go down without a fight.

It's damn obvious at this point that WDFW isn't committed enough or fully to transparency, or they would simply agree to abide by the Open Meetings Act. And while the agency provides extensive communication with stakeholders, it is keeping covered the specific information that the public wants: what is WDFW saying to the tribes, and what are the tribes saying to WDFW, unfiltered. And while all public records created in those meetings are available, why should we assume that means "all records" of what transpired? Video and audio recordings of the meeting should be the bare minimum of Departmental compliance.

I think Baywolf correctly characterizes the only legal obstacle to opening the meetings is the objection of the tribes (legal) and the objection of WDFW (illegal).

The asst. Director is correct in saying that, ". . . believe the state and tribes are far more effective when we work together to conserve fish and wildlife . . ." However, as last year's NOF showed, working together isn't always a viable choice on the menu. WDFW cannot count on the tribes' sharing the same interests as the state. And when the tribes walk out, everything falls in favor of the tribes and against the state. I'm shocked and dismayed that the state would even try a repeat performance. Last year was proof positive that WDFW needs to secure its own independent ESA section 10 permit from NMFS for the simple and obvious reason that agreement is not guaranteed. NMFS might not like having to deal with two separate permits, but life ain't perfect, and they need to recognize and understand that the state has legitimate fisheries interests just as the treaty tribes do, and the federal authority has to walk the tightrope. Deal with it.

1,000 STRONG AND GROWING!

When I started this petition, I was angry. I thought there was others out there that must be as angry as I am. I wanted to give those people a voice, to say WE ARE DONE BEING IGNORED, CAST ASIDE AND TREATED LIKE DIRT!
I was not sure if I would even get any signatures.
Tonight, we crossed the 1,000 signature mark!

It is easy to chase numbers when doing a petition. After all, it is the number that grabs the headlines. But the true power of this petition is the people behind it. You, your neighbor, your friends…the very people that WDFW has ignored for so long.

One thousand signatures is a very powerful statement. But, when the suits at WDFW start talking percentages, they will try to make it look like we are very few compared to the 5.2 Million license holders out there. WE CAN’T LET THEM USE THAT TACTIC ON US!

I know you are passionate about this. I know you are as fed up with the mess that has become our co-management system. And I know you want this to be fixed. So, once again I ask.

Find those that are still out there. There are many, many who we have yet to reach. WE REALLY NEED TO KEEP GROWING. WE CAN LEAVE NO DOUBT THAT WE REPRESENT THE MAJORITY. GET OTHERS TO JOIN THE FIGHT!

USE THIS PRINTABLE PETITION FLYER: PRINT IT, GET IT OUT. PEOPLE CAN SIGN IT.
Click Here for Petition Flyer

KEEP FIGHTING!! WE HAVE SOME VERY GOOD NEWS ON THE HORIZON!

One other thing from the response. They admit that the salmon (and other fish) management in the state is controlled by the Tribes. It is not co-managment and they admitted as much.

It's my way or the highway.

The tribes feel as sovereign nations that they only need to meet with governments. Our state law would seem to indicate that our representatives even meeting with the tribes in closed session is illegal.

So one has to ask; What is the penalty for breaking state law? Why has no one been charged?

Because the tribes own the state leadership. Money talks.

Legally, Federal law trumps State law, every time. We know whose side the Feds will take, should this come down to the courts. I think our best hope for change is that the Tribes start to worry that the media coverage this is getting has potential to tarnish their image among the non-fishing, casino-going public as the unflappable, incorruptible stewards of the land. I think this effort is doing a good job of creating some of that pressure, but it may take a lot more....

Flea, you're correct. We need a very strong campaign to bring out the truth, and change public perception that the Tribes are 'Champion's of Conservation". And that EVERYTHING they do is about preserving the fish! A DEAD Native Steelhead in a gill net in the Nisqually has noting to do with conservation!!

But, there is another very important outcome of this that the State will now have address. It is something that Salmo g spoke of:



The Asst. Director that replied to my letter, and I understand that Unsworth's letter to THFWA, both admitted that WDFW is held hostage and unduly influenced by the Tribes ability to force concessions under threat of walking out of negotiations.

The State will have to address that, since it is the only objection the State has to fall back on. ("The Tribes will walk out if we pursue having the public in attendance at these meetings...")

I don't see why the state can't craft fisheries that take only the NI 50% and meet ESA guidelines; they use the same models. The tribes may not "like" it, but if the state meets the treaty mandated sharing then what beef do they have?

I know that the state is often put in the position of not forcing the tribes to deal with each other. The Makah overage on Chinook was ultimately borne by the NI side.

I think that is what NOAA fears. If WDFW crafts a 50% sharing and complies with ESA law then that should get approved. Even if, internally, the tribes can't agree on how to share their 50% because it isn't enough.

I agree. Some tribes are already laying the PR groundwork for the fight now with vague concept commercials. We can only get so far discussing this on Bob's site. I don't have the talent or know-how, but would be happy to contribute to a PR fund to the get the word out (news/TV/newspapers) if an organized effort could be piggy-backed onto an existing framework. You can only get so far on a niche issue like this if you use internet alone. Only 5% of people care about this issue, and we need to reach enough of them, so gotta use a wide net.

fb

So how do you force the state to do this? Organized mass license boycott?

fb

Since WDFW is license income drive, the license buyers need to take control. So, yes, indicate that if they don't do a better, more transparent job of representing the license buyers then licenses won't be bought.

It might be time, since WDFW is asking for increases, that sporties suggest to the Leg licenses similar to hunting where you need a deer tag, elk tag, bear tag, etc.

This ould give us something like:

1. Warmwater
2. FW resident trout
3. Andromous salmonids
4. Marine species except salmonids
5. Shellfish
6. Seaweed??

Part of this would be that the fees have to cover management and artificial production for the license. So, the warm water folks would support warm water hatcheries and so on. Need to kick in a fixed-rate for habitat, enforcement, and the like. In that way, folks opposed to how salmon are managed could still fish in WA but would not be forced to support management and hatcheries not in their interests.

With the new proposed increases and license changes the licenses will be a clusterfvck just like the management itself.

Just imagine, to go fishing you need to have on your person:

A discover pass, your license, you crab catch card, your salmon card, potentially a separate steelhead card.... and if you're like me you will keep the items all together in the truck and every trip you will be hauling along aditionally a halibut card as well. So now instead of having a "license" you're carrying with you a BOOK with 6 pieces of paper all folded and rolled up into a nice convenient pile of clutter sh!t.

You unfortunately forgot the most important item> A smartphone that gives you instant access to WDFW Emergency Closures. It is getting silly now isn't it?? BTW Thank You Bay Wolf as I signed 4 days and I admire your dedication and determination!

How many people do you suppose are upset about the license increase?

How many of those would support a 1 month Boycott and hold off buying a license?

How many current license holders, really have no idea what a mess the system is in right now?

How many are going to buy a license no matter what?

Just curious about what you guys thing the numbers work out as....

I know I'm not buying until there is a specific fishery I want to participate in. Like I said, I will be buying Wyoming and maybe Yellowstone for sure.

And that includes hunting.

I'm on the fence, on the one hand I don't want to defund the one agency that's (supposed to be) working with our interests in mind. On the other hand, it sounds like that agency is misfiring, and maybe they need some motivation.

fb

It is a tricky dilemma. On the one hand, if we double the amount we're paying in, we have a much stronger argument about how much if the budget is provided by sport fishers, which SHOULD translate to increased emphasis on our fisheries. On the other hand, we've been the bulk ratepayers for many years, and yet we are the first to lose opportunity, every time. What reason have we been given to expect a different outcome?

Here's the way I (think) I see it:

WDFW and the Legislature are already counting on us to provide an increased amount of revenue in the budgets they are developing. When forecast revenue does not materialize, either the General Fund takes another hit it can't afford, or else we lose funding for hatcheries, etc. in the next cycle. In this case, because they are counting on us for so much more than in the past, it would be devastating if a large amount of the planned revenue didn't come in. That, combined with the largely negative outlook for next year's fisheries, makes this the ideal year to vote with our wallets, in my mind. Others have brought to light the fact that even simply postponing purchasing your license for a month or two might well be all it takes to send the message that must be delivered, so perhaps we can have our cake and eat it, too.

WDFW doesn't even now get much from the General Fund. Licenses, DJ/PR, Mitchell Act, vanity license plates, and mitigation are primary sources. GF has been going down for years.

And the plot thickens!


January 9, 2017 via: email in PDF format


James Unsworth, PHD Director, WDFW
600 Capitol Way N. Olympia, WA 98504

Dear Mr. Unsworth:





Re: Transparency Initiative


The Twin Harbors Fish & Wildlife Advocacy is appreciative of your letter dated December 30, 2016 that responds to the Advocacy’s letter dated November 14, 2016 addressed to you and Lorraine Loomis of the North West Indian Fisheries Commission (NWIFC) requesting the co- management meetings wherein agreements are reached on tribal and non-tribal fishing seasons be opened to the public. We thank you for taking the time to provide a thoughtful document that with one notable exception, candidly discusses the transparency problems in the North of Falcon season setting process.

We appreciate your statement “.....WDFW as an agency values deeply and embraces transparen- cy....” So do the members of the Advocacy. However, we can not agree with the statement “.... our agency’s policies, leadership, and staff follow closely the requirements of the Administrative Procedures Act and Open Public Meetings Act.” In our opinion, the NOF process utilized by the Department is contrary to the intent and expressed provisions of both the APA and OPMA.

Your letter recognizes that the public is locked out of meetings with the tribal co-managers wherein agreements on harvest seasons are negotiated and set. You reference times past when a few select observers were allowed to attend the meetings, but not participate. Then, you confirm the position taken by the NWIFC with the media recently with “The tribes ended the practice of allowing observers in the meetings several years ago, and have indicated that they felt the nego- tiation positions of the state tribes were being mischaracterized outside of the meetings.”

The Advocacy does not believe the presence of a few observers approved by the Department and tribal comanagement staff rises to the level of transparency required under state law. Neither
do we believe it appropriate for the co-managers to require all in attendance to relinquish their constitutional right of free speech as a condition of participation.

You correctly point out that tribal co-managers are sovereignties not covered under the transpar- ency laws of the state of WA. However, while the OPMA does not apply to a tribal government meeting, it is the Advocacy’s position that the transparency laws governing the Department’s ac- tions are not stood down due to the fact a tribal entity is involved. The sovereign rights of a tribe and “government to government relations” do not relieve the Department from its obligation to

Page 2, Advocacy Transparency Response

honor the rights of the citizens of Washington under state statutes.1 Therefore, the Advocacy does not, and never will, agree with your statement “Unfortunately, this means the general public has not direct access to the negotiations without an invitation by the tribes”.

As for assessing the language of the laws, the Advocacy respects the opinions and support pro- vided WDFW by the Office of Attorney General. We also subscribe to the old saying that if one asks three lawyers the same question, you’ll likely get three different answers.

Without challenging other’s opinions, the Advocacy recognizes that the state supreme court ruled in 1992 in Salmon For All v. Department of Fisheries that the NOF comanagement meetings held in the Columbia were not covered under the OPMA. “While Fisheries is a public agency,
it is a single-agency department where the Director is vested with full decision-making author- ity under RCW 75.08.014. There is no “governing body”, as defined, at Fisheries since there is no multimember rule-making body rather, there is a single director management. As Fisheries is governed by an individual director who has full decision-making authority, and agencies which are, in fact, operated under full decision-making power of a single director are excluded from the OPMA, Fisheries is exempt from the OPMA’s requirements.”2

Today, with the establishment of a multimember Commission as the governing body by pas- sage of Referendum 45 in the 1995 election, it is our position that the OPMA (RCW 42.30) is governing on the Commission itself and delegation downward to the Department brings the open meeting requirements along with it. (2) “Governing body” means the multimember board, commission, committee, council, or other policy or rule-making body of a public agency, or any committee thereof when the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment. 3

Additionally, courts have ruled that the delegation down from the initial governing body car- ries the OPMA requirements along with the power to take action. In 2001, the 9th Circuit Court of Appeals took this issue head on in Brian Clark v. City of Lakewood wherein the city council referred to an citizen advisory group a request to review city ordinances. The advisory group then formed a “task force” that held meetings closed to the public. The recommendations from the task force were forwarded to the advisory group which then forwarded them on to the City
Council which adopted the recommendations. The court ruled the delegation of the OPMA came down to the advisors on to the task force level and invalidated its actions due to the closed door meetings.4

Finally, your letter contains a vague reference to a negative impact to the state’s fishers if the demands of the tribes (keeping the doors closed) are not adopted by the Department. “The reality is that meetings and negotiations with the tribal comanagers must occur for fishing seasons to be set - refusing to meet with the tribes because they will not allow the public to attend negotiations
1 https://app.leg.wa.gov/rcw/default.aspx?cite=43.376&full=true#43.376.020
2 http://law.justia.com/cases/washington/supreme-court/1992/57757-9-1.html
3 http://apps.leg.wa.gov/rcw/default.aspx?cite=42.30
4 http://openjurist.org/259/f3d/996/brian-clark-v-city-of-lakewood-


would likely lead to an unproductive outcome for state fisheries.”

The Advocacy assumes you are referencing the role of federal agencies that approve tribal and non-tribal fisheries in regions such as Puget Sound with ESA designated stocks. If so, the Advo- cacy feels compelled to “lay all cards on the table face up” in a clear and precise fashion. The actions of NOAA and the Bureau of Indian Affairs (BIA) in the approval stage has undermined the comanagement process by granting the tribal co-managers tremendous leverage over the state.

In a 8-page letter dated November 14, 2016, NOAA Assistant Regional Administrator Robert Turner provided an explanation of what NOAA would do if the two co-managers didn’t reach a joint agreement on tribal and non-tribal fishing seasons in Puget Sound. The Advocacy’s review of this letter found a very disturbing process wherein if the state agreed with the tribal co-manag- ers, NOAA would approve both fisheries in time for the season to occur. However, if no agree- ment is reached, both have to submit their own seasons for separate approval. Then, through a remarkable interpretation of a maze of federal regulatory authorities, NOAA explains how the tribes can use BIA support to get their season approved under a fast track system referred to as “Section 7” in time for a fisheries to commence. Then, remarkably, NOAA states that the state isn’t entitled to the Section 7 process and approval of the state season would not likely occur until after the season was over.

The result is the impression that the tribal side can simply walk away from the table if the state doesn’t agree to their demands and still have a reasonable opportunity to fish while the state its season. Comanagement reverts to a dual-management with the one having the leverage dominat- ing the other. This will not change if the Department continues to agrees to keep comanagement meetings closed to the public. Rather, we believe it will likely get worse for the state side.

If it hasn’t already, this abnormal leverage granted the tribal side by NOAA will simply work its way into the allocation of the fish available for harvest. The comanagement and 50/50 share of the harvest intended under the Boldt Decision and other segments of U.S. v. WA are effectively stood down. The Advocacy strongly suggests that the Department consider re-opening U.S. v. WA to seek a remedy to this problem. We also suggest it is time for the Commission members to publicly engage the federal congressional delegation to seek a remedy on a legislative level.

Regarding transparency, the draft of the NOF Policy is up for review by the Commission this weekend in Vancouver, WA. In order of preference, the Advocacy sees the following options available at this point in time. The Commission could:

1. Delay adoption of the current draft until its next regular meeting to allow the co-man agers additional time to develop a solution to the closed meeting issue;

2. Insert language into the draft clarifying and strengthening the Commission support for opening the NOF comanagement meetings to the public;

3. Remove the delegation to the Director of rule making authority in ESA effected areas which will remove any doubt over the application of the OPMA;


4. Adopt the draft policy as currently written.

In closing, we would like to assure you and the Commission that the Advocacy fully appreciates the difficult task of comanagement that is presented to staff of both WDFW and the NWIFC. We further accept the duties of both to represent the interests of their stakeholders to the best of their abilities. Additionally, we understand it would take an invitation for non-tribal citizens to attend tribal meetings. What we can not accept is the Department refusing to honor the citizens
rights under state transparency laws, regardless of whether by its own initiative or as a result of a demand from the tribal co-managers.

When considering the options listed earlier, the Advocacy would support Options 1-3. Option 4 (adoption as currently drafted) would leave the public having to choose between acceptance of the status quo or seeking review by a court. The status quo will simply result in more of the
same. Continuing deteroation of the comanagement process is simply unacceptable to the Advo- cacy. We believe a majority of public feels the same way.

In the eyes of the Advocacy members, litigation over secret closed door NOF comanagement meetings presents a “lose, lose scenario” for the Department. Even if the combination of the impressive talents of the AG’s staff and the substantial state treasury were to prevail, the Depart- ment loses as it would be attempting to defend the secret meetings in NOF. While it might be different in a tribal culture, such a stance would not sell well within the state’s culture.

As a means to gauge the public opinion on this issue, please review the petition to you and the Commission filed by Perry Menchaca of Tacoma supporting the Advocacy’s request for transpar- ency.5 At the time of this writing, the petition filed on New Year’s Eve has been signed by 1,025 individuals. More come on each day. One simply can’t show the public’s support for transpar- ency any clearer than Mr. Menchaca did by starting this petition and asking friends and acquain- tances to share it with others.


Respectfully,


Tim Hamilton Art Holman Ron Schweitzer
President Vice-President Secretary/Treasurer


Cc: Members of the WDFW Commission, via email Lorraine Loomis, NWIFC, via email



5 https://www.change.org/p/open-the-wdfw-tribal-co-manager-north-of-falcon-meetings-to-the-public

Twin Harbors Fish & Wildlife Advocacy
PO Box 179
McCleary, WA 9855 THFWA@comcast.net

November 14, 2016 via email

Director Jim Unsworth Chairman Lorraine Loomis
WDFW Northwest Indian Fisheries Commission
1111 Washington St SE 6730 Martin Way East
Olympia, WA 98501 Olympia, WA 9850

Dear Chairman Loomis and Director Unsworth:

The Twin Harbors Fish & Wildlife Advocacy is a nonprofit corporation duly filed in the state of Washington. The stated purpose of the Advocacy is to “Provide education, science, and other efforts that encourage the public, regulatory agencies and private businesses to manage or utilize fish, wildlife and other natural resources in a fashion that insures the sustainable of those resources on into the future for the benefit of future generations.”1

Over the last five years, the members of the Advocacy have extensively researched the issues surrounding fisheries management in Washington state. Advocacy members played a significant role in adoption by the Commission of the management policies in Grays Harbor and Willapa Bay. At the same time, we have researched management practices in Puget Sound and the Columbia that closely resemble those used on the Coast. In doing so, we have adhered to the practice of providing commentary that is respectful and at the same time, lays out our position in as clear and precise fashion as possible.

We have come to the conclusion the controversies that plague the Department and the tribal co-mangers during the North of Falcon season setting process are rooted in two areas of harvest management. First, the “prior intercept” from Alaska south of salmon destined for Washington streams often results in over 85% of the harvest related mortalities occurring north of the Canadian border. As a result, the small percentage of fish remaining available for harvest is making it nearly impossible for the co-managers to adopt tribal and non-tribal seasons that satisfy in-state fishers without undermining the escapement needed for natural spawning populations. The efforts of co-managers to provide reasonable instate fishing opportunities are further complicated by declining habitat and poor ocean productivity. Then comes the significant restraints occurring when runs decline to the point we cross over the ESA thresholds as found in Puget Sound and the Columbia.

Earlier this year, the members of the Advocacy traveled out of state to address the Pacific Salmon Commission which effectively controls the prior intercept under the international treaty between Canada and the United States. We expressed our concern that the prior intercept was unfair to WA tribal and non-tribal fishers. More importantly, we raised the issue repeatedly that the prior intercept was interfering with our ability to manage fish runs to meet conservation standards. The tribal co- managers have raised the northern intercept issue for decades.2 We are now looking forward to the Department’s upcoming presentation to the Fish & Wildlife Commission regarding the northern intercept. We believe Washington taxpayers who have invested heavily into salmon production and natural spawning restoration are entitled to understand where and by whom the salmon produced in WA hatcheries and streams are being harvested and marketed.

1 Article 2 Purpose, Bylaws of the Twin Harbors Fish & Wildlife Advocacy 2 See U.S. v- Washington

Page 2, THFWA November 14. 2016
The second major challenge faced by the co-managers is the allocation of the fish available for harvest that actually make it back to WA waters. Recent disagreement between the co- managers has resulted in a threat to seasons, especially for the non-tribal fishers in Puget Sound. For many citizens, tribal and non-tribal, the NOF process seems mired down wherein co-management on harvest seasons appears to have evolved to “dual-management” wherein each side tries to manage in its own way. At this point, the Advocacy with those who have come to the conclusion the NOF season setting process is failing all the citizens, including those who don’t fish. The co-management cooperation envisioned by the courts in the rulings in U.S. v- Washington has deteriorated to the point NOF is deserving of the label “threatened” if not “endangered”.

While the Advocacy members are often approached by tribal fishers who are also trying to figure out why the fishing opportunities continue to decline, the frustration has reached the “boiling point” for many of those fishers utilizing licenses issued by WDFW. The relationship between the Department and its stakeholders can aptly be described as “in the toilet”. The Advocacy is not attempting to blame either co-managers or any of the staff involved in the process. Rather, we believe both co-managers need to recognize that the NOF process as currently utilized will no longer will pass scrutiny with most non-tribal and many tribal fishers.

The blanket of secrecy surrounding harvest discussions between the two co-managers has resulted in a mirage of public perceptions. We recognize perceptions are often off-base or completely inaccurate. However, perceptions become facts in many minds when accountability and verification is missing from the equation.

Examples of perceptions that the members of Advocacy hear regularly include:

• The tribal fishers want to exceed the 50/50 formula set forth in the Boldt decision;
• The Department is unwilling or unable to negotiate in a manner that its stakeholders can be assured their rights to half the fish will be honored
• The federal government (NOAA/BIA) is pressuring the Department to agree to the tribal seasons proposed by threatening to deny permits for state sponsored fisheries
• The Office of Governor and/or Legislators are likewise pressuring the Department to agree to tribal season proposals that disadvantage the non-tribal fishers

It is appropriate to recognize that tribal members are less likely to be disappointed in NOF than state stakeholders. As sovereign governments holding treaty rights to fishing, the tribal fishers can interact with its tribal leadership in ways non-tribal citizens can not. As a result, tribal members may feel comfortable with their representation in the process.

The non-tribal stakeholders are another matter. State stakeholders can only turn to the Department when seeking assurance their interests are being adequately represented. In the state culture, the citizens rely upon government transparency laws to participate and educate themselves. Unfortunately, the co-management harvest meetings between the co-managers are closed to the public. The speculation by many is the secrecy is supported either by the tribal co-managers, WDFW staff, or both. Regardless, the blanket of secrecy is a major impediment to the Department’s ability to maintain the confidence of its stakeholders. The closed process

Page 3, THFWA November 14. 2016
also results in the non-tribal sector becoming frustrated with tribal fishing due to the growing perception of unfairness.

The Advocacy fully recognizes tribal sovereignty and corresponding treaty rights. Since none of the members of the Advocacy are members of a tribe, we can only respectfully submit a request for consideration. In that spirit, we ask that the tribal co-managers consider allowing the tribal and non- tribal citizens an opportunity to observe (without participation) during co-management meetings wherein the discussion includes proposals for an upcoming harvest season(s). As clarification, the request does not extend to technical staff meetings wherein a harvest season is not on the agenda.

The Advocacy does not believe acceptance of our request would create an undue burden on tribal governments or infringe upon tribal sovereignty. Representatives of the tribes regularly participate in public meetings at the federal, state, and local government levels including fisheries co-management processes of the Pacific Fisheries Management Council and the Pacific Salmon Commission. To our knowledge, the only time the door closes is when representatives of the tribes meet with the staff of WDFW to discuss upcoming seasons within WA waters.

The Advocacy also extends the request for open meetings onto the Washington Department of Fish & Wildlife. Simply put, the Advocacy members are asking all the co-managers to recognize and respect the sovereign rights of the tribal and non-tribal citizens of the state of Washington under state law.

RCW 42.30.010
Legislative declaration.
The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people’s business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly.

The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

Clearly, NOF violates at least the intent of the Open Meeting Act (OMA)3 quoted above. The Advocacy also believes NOF is contrary to the expressed sections of the act requiring decision makers with delegated authority to conduct its affairs in open meetings in a transparent fashion. Unlike times prior to the establishment of the Commission, the delegation of the rule authority from the Legislature to the Fish & Wildlife Commission brings the OMA downward to the Commission. Likewise, the delegation by the Commission to a group within the Department brings the OMA down to staff determining state sponsored seasons.4

Further, NOF results in agreed upon fishing season (s) negotiated behind closed doors. Said season is subsequently adopted into a WAC rule carrying the effect of law. The meetings held with the public are of little consequence to the decision earning NOF the common title of a “Dog and Pony Show”. The Advocacy believes NOF currently results in the Department operating contrary to the intention and expressed conditions of the Administrative Procedures Act (APA)5.
3 Chapter 42.30 RCW: OPEN PUBLIC MEETINGS ACT
4 http://www.atg.wa.gov/Open-Government-Resource-Manual/Chapter-3 5 Chapter 34.05 RCW: ADMINISTRATIVE PROCEDURE ACT

Page 4, THFWA November 14. 2016
While legal advisors to both co-managers may disagree, we believe the two state statutes referenced are applicable to WDFW staff during NOF. Further, compliance with these statutes can be fulfilled by the Department under its own will. While the tribes can choose to not allow the public to attend a meeting of tribal representatives, the Advocacy finds no statement within court rulings such as U.S. v- WA that grants the tribe the power to take the position “my way or the highway” while exercising its treaty rights of co-management. To the contrary, the state Supreme Court ruled state transparency law was applicable to the state entity when interacting with tribal governments.6

The application of the OMA is not stood down by the location where the meeting is held. The Department can not hold its meeting in Oregon and avoid application of the OMA. The same holds true for a NOF meeting held in a tribal office building located on a reservation.

Again, recognizing the sovereignty of the tribal governments, the Advocacy can only assert its rights with WDFW. We do point out that members of a tribe are also citizens of the state. As such, tribal members residing in Washington are likewise entitled to insist that WDFW honor their state citizen rights under state law.

We would prefer to avoid seeking a court ruling. Such a litigation would once again “pit the Advocacy member’s wallets against the state treasury”. Also, court proceedings can be lengthy and often leave uncertainty on how to proceed into the future.

As stated at the beginning of this letter, we are fully committed to assisting the public in management of natural resources for the benefit of future generations. The option that is unacceptable to the members of the Advocacy is to simply turn our heads and walk away. We also subscribe to the time tested philosophy of “more of the same will get you more of the same”. A simple and effective solution is to simply open the door and turn on the light so all can see. Transparency has proven time and again to be an effective tool for finding solutions to difficult challenges that are negatively impacting the relationship between governmental entities and their respective stakeholders.

We await your decision. NOF for 2017 is approaching rapidly and the Department will shortly file a CR101 onto the state register to notify the public. We respectfully suggest that time is of essence.

Sincerely,



Tim Hamilton Art Holman Ron Schweitzer
President Vice-President Secretary-Treasurer

cc: The Honorable Members of the Fish and Wildlife Commission Governor Jay Inslee (via J.T. Austin)
National Oceanic and Atmospheric Administration (via Bob Turner & Kathryn Sullivan) The United States Department of Commerce (via Steve Haro)
The US Department of Interior, Bureau of Indian Affairs (via Amy Dutschke) Individual staff within the NWIFC and WDFW
Representative Brian Blake, Chair, House Agriculture and Natural Resource Committee Senator Kirk Pearson, Chair, Senate Natural Resources and Parks Committee


6 135 Wn.2d 734, CONFEDERATED TRIBES v. JOHNSON

And here is the response from the Director.


December 30, 2016



Mr. Tim Hamilton Mr. Art Holman Mr. Ron Schweitzer
Twin Harbors Fish and Wildlife Advocacy Post Office Box 179
McCleary, WA 98557
Email: THFWA@comcast.net

Dear Mr. Hamilton, Mr. Holman and Mr. Schweitzer:

Thank you for writing to share the concerns of Twin Harbors Fish and Wildlife Advocacy (THFWA) regarding salmon fisheries management in Washington, with particular focus on the topic of transparency during the North of Falcon (NOF) pre-season salmon fishery planning process. We have heard from many stakeholders expressing a variety of concerns about the 2016 NOF process inparticular. As the Director of the Washington Department of Fish and Wildlife (WDFW), I can assure you that WDFW leadership and staff have heard these concerns and are committed to continue working with stakeholders, tribal co-managers, federal agencies, as well as representatives from the State Legislature and the Governor's office to improve the NOF process for 2017 and beyond.

I feel that it is important to point out that WDFW as an agency values deeply and embraces transparency with our stakeholders and public. WDFW works hard to maintain openness and transparency with stakeholders, advisors, and the general fishing public throughout the North of Falcon process, giving the public numerous opportunities to attend meetings and provide needed input to department staff in developing and refining fishing proposals that provide meaningful fishing opportunities and meet conservation objectives. With oversight from the State Fish and Wildlife Commission, as well as regular input and guidance from the State Attorney General's Office, our agency's policies, leadership, and staff follow closely the requirements of the Administrative Procedure Act and Open Public Meetings Act.

Nevertheless, WDFW's efforts to maintain transparency must operate within the confines. and realities of highly sensitive government-to-government negotiations with 20 individual Treaty Tribes during the North of Falcon process. At times during the NOF process, State-Tribal negotiations may benefit from a private setting where individuals can speak freely and frankly, enabling the candid and necessary conversations that must happen during any tense negotiation.



Regardless of the setting for negotiations, the tribes are sovereign governments and, as such, they need only to meet with or negotiate agreements with the representatives of the government of the state of Washington, in this case the Director of WDFW and the appropriate agency staff. The state cannot impose its authority onto the tribes to open the government-to-government negotiations to the public. Unfortunately, this means the general public has no direct access to the negotiations without an invitation by the tribes.

In recent years, the Department has sought consensus from all of the tribes at the beginning of North of Falcon to allow a limited number of observers to attend the comanager meetings. In the past, the tribes allowed a limited number of members of the public to enter the comanager meetings to observe, but not actively participate. While this was not open access for the general public, it provided access beyond government representatives, which we felt was a positive for providing transparency. The tribes ended the practice of allowing observers in the meetings several years ago, and have indicated that they felt the negotiation positions of the state and tribes were being mischaracterized outside of the meetings. WDFW will continue to pursue methods like observer attendance for allowing direct public participation in comanager meetings, but would ultimately need agreement of the tribes for this to happen.

In spite of the legal realities that restrict public attendance at comanager meetings, WDFW works to provide transparency throughout the series of government-to-government negotiations that occur during North of Falcon. Beginning in February, WDFW holds more than a dozen public meetJ.ngs across Washington to discuss potential state fisheries and the latest updates from state-tribal negotiations. WDFW staff posts fishery proposals online for public comments and revises those proposals based on the latest outcome from negotiations. During the final negotiations that occur during the April Pacific Fishery Management Council/NOP meetings, WDFW staff regularly meets with our advisors and others from the public to convey the results of negotiations and positions taken by the tribes, and to seek input for the continuing negotiations. This often includes the use of updates by conference call to seek input from those who cannot attend the meetings, as well as phone trees set up by advisors to get quick input from constituents in their communities.

We will continue to seek agreement from the tribes on methods to provide additional transparency during the NOF process. Attendance of observers at comanager meetings has been successful in the past, and is one of the communications steps the Fish and Wildlife Commission's North of Falcon Policy instructs us to pursue. However, we ultimately need to reach agreement with the tribal comanagers on fishing seasons that meet conservation objectives in order to receive federal authorization for fisheries under the Endangered Species Act. The effects of tribal and non-tribal fishing combined must be within acceptable impact levels on all stocks. There is also the long and complicated legal history of the US v. Washington court case that must be considered in setting seasons. The reality is that meetings and negotiations with the tribal comanagers must occur for fishing seasons to be set -refusing to meet with the tribes because they will not allow the public to attend negotiations would likely lead to an unproductive outcome for state fisheries.



Many of the perceived issues with the co-management of fisheries are the result of the shared interest of state and tribal fishermen in protecting and harvesting a resource that has diminished from historic levels due to deterioration of habitat. We support co-management of the state's shared resources and believe the state and tribes are far more effective when we work together to conserve fish and wildlife and their habitat. WDFW remains committed to working with the tribes and our constituents to improve the North of Falcon process, to working to make that process as transparent as possible, and to working to ensure our state's resources are sustainable for future generations.

Once again, thank you for sharing your thoughts and concerns. We look forward to continued conversations with Twin Harbors Fish & Wildlife Advocacy in the future.





James Unsworth, Ph.D.
Director

cc: Lorraine Loomis

Thanks River,

I will have the THFWA groups reply to Director Unsworth posted very shortly...

It is extremely good news to know that we have such a great Advocacy group, who is also working to get these doors open!!

OK, here is the link to the THFWA's response to Director Unsworth's letter.

They CLEARLY STATE what many, many of us are saying. These meetings and the WDFW's stand is completely unacceptable.

THFWA Letter of response to WDFW, Dir. Unsworth

WE ARE NOT ALONE IN THIS FIGHT!

Today we received a copy of an Email that was sent out from The Twin Harbors Fish and Wildlife Advocacy, (THFWA) to it’s NOF Interested Party Contact List.

THFWA has been involved in the betterment of our fishers for many years, and has spearheaded many important initiatives. AND they have gotten good results! They are ACTIVELY INVOLVED IN THE CLOSED MEETING ISSUE.

The combined efforts of THFWA, along with your signatures and support on this petition has truly created a force that cannot be ignored!

Here is a copy of the THFWA email, which address’s Dir. Unsworth letter, and links to their web site where the full letters and more information on their actions can be read.


January 10, 2017
To:    NOF Interested Party Contact List
Recently, the Twin Harbors Fish & Wildlife Advocacy shared a letter addressed to WDFW Director Jim Unsworth and Lorraine Loomis of the Northwest Indian Fisheries Commission.  The letter ask the two comanagers to cease the practice of meeting behind closed doors when setting fishing seasons in the North of Falcon process.

WDFW Director Jim Unsworth has responded to the Advocacy's letter and the NWIFC did so with the media. The Director states that the meetings are closed by the tribes due to "mischaracterization" of the tribal positions by observers allowed to sit in on meeting in the past.  He goes on to state "Unfortunately, this means the general public has not direct access to the negotiations without an invitation from the tribes."
The Advocacy has issued a response to the Director.  The response outlines how the Advocacy will never accept the notion that citizens can only participate in governmental processes by invitation from the tribal comanagers. Then, only if the citizens agree to give up their constitutional rights to free speech.  In doing  so, the Advocacy explains the case law and application of the Open Public Meeting Act (OPMA).  In an effort to avoid the need for intervention in the courts, the Advocacy asks the WDFW Commission to take actions during its meeting in Vancouver this weekend to insure the Department operates within the state's transparency laws.  The Advocacy response is available on the Advocacy website here.  The Director's letter is also available here. THFWA HOME PAGE
When the Advocacy originally published the initial letter, Perry Menchaca of Tacoma took the initiative of creating an electronic petition of support for opening up the secret meetings between the state and tribal comanagers.  In a truly remarkable show of unity, over 1,000 citizens have signed the petition with more coming on each day.  The petition is available on this link to the change.org website.
More to come.....
Respectfully,
Tim Hamilton, President
Twin Harbors Fish & Wildlife Advocacy

I still wonder how "mischaracterization" of the tribal positions by observers " plays into allowing full access via closed camera. I believe the tribes could argue against outside comments during negotiations, by stating such are not part of an active negotiation and would be disruptive, but they have not argument that I feel would over ride the public interest and law. In a case where both sides are court ordered to negotiate, and where the constraints of one party (OPMA) would have not negative effect of the second party, I see no way they can impose their will. I say no negative effect as it is assumed that the state is negotiating for its population and said party would and should oversee that negotiation. I see it no different in a court stating that two parties need to mediate an agreement and one party wants only to allow the opposing attorney in the room and not the actual concerned party.

I agree that the Tribes will have a difficult time justifying why. BUT the state will have even a harder time trying to explain to us why they want to keep us in the dark, especially after it's gotten so much attention.

Believe me, I WILL YELL IT FROM EVERY MOUNTAIN TOP IF THEY TRY SOME BS!! Plus I will send it out to every person that signed the Petition!!

The appropriate response to WDFW's predicatble response is "Thank you for letting us know where we stand. You'd better get to work in the Legislature, because your revenue stream is about to be severely reduced."

This forum needs a "LIKE" function.

I am dismayed at how little awareness WDFW seems to have regarding just who it works for.

The January 9th response from THFWA can be found here:

https://drive.google.com/file/d/0B2tWjgmgVy3yVTEySmswTzV5T1k/view

It pretty clearly outlines their position, and DOES NOT accept the excuses put forth by Dir. Unsworth in his Dec. 30th reply. It appears the Advocacy is prepared to make good on its word to pursue further action in the matter.

"The Advocacy does not believe the presence of a few observers approved by the Department and tribal comanagement staff rises to the level of transparency required under state law. Neither do we believe it appropriate for the co-managers to require all in attendance to relinquish their constitutional right of free speech as a condition of participation."

Well said!

I think a lot of folks forget that the Commission are the ones who are responsible for the fisheries. They delagate the authority to negotiate to Dir Unsworth and the crew.

From the Commission Home Page:

While the Commission has several responsibilities, its primary role is to establish policy and direction for fish and wildlife species and their habitats in Washington and to monitor the Department's implementation of the goals, policies and objectives established by the Commission. The Commission also classifies wildlife and establishes the basic rules and regulations governing the time, place, manner, and methods used to harvest or enjoy fish and wildlife.

The Commission receives its authority from the passage of Referendum 45 by the 1995 Legislature and public at the 1995 general election.

The Commission is the supervising authority for the Department. With the 1994 merger of the former Departments of Fisheries and Wildlife, the Commission has comprehensive species authority as well.

Through formal public meetings and informal hearings held around the state, the Commission provides an opportunity for citizens to actively participate in management of Washington's fish and wildlife. (UNLESS THE TRIBES TELL THEM OTHERWISE!)

It is the Commissioners who ultimately are liable for a lawsuit for violation of the OPMA. They can tell Dir. Unsworth to open the meetings. (If they had any spine and put aside self interest)

I would recommend everyone, send an email to the Commission and let them know how you feel about them stalling and siding with the Tribes!
Commission's Email Address: commission@dfw.wa.gov

Oh, by the way, this is from the Commission signed 2015-2016 NOF Policy:


Communications
• The Department shall strive to make ongoing improvements for effective public involvement during the North of Falcon planning process and annual salmon fishery implementation, incorporating the following intents:
o North of Falcon participants will be included as observers during appropriate state/tribal discussions of fishery issues. (AGAIN, UNLESS THE TRIBES SAY NO, APPARENTLY)
o All decisions made during the North of Falcon process will be recorded in writing.
o A variety of tools will be used to effectively communicate with the public, to receive input on pre-season planning or in-season fishery issues, and to make available the record of
decisions. Such tools will include: recreational and commercial advisory groups; public workshops to address key issues; the WDFW North of Falcon Web site; and in-season tele-conferences.
o The Department will increase transparency by consulting with stakeholders throughout the pre-season planning process and prior to making major decisions with the co-managers.

LIP SERVICE BOYS, LIP SERVICE TO TRANSPARENCY, JUST BS

A couple small, but very important things you're missing in your analysis of the statements you just challenged as contradictory, Bay Wolf:

The F&W Commission, by virtue of delegating ultimate authority to the WDFW Director, limits its reach to that of an advisory board (which is not much).

As regards the Commission guidance you bolded above, note that the word "appropriate" is included as a qualifier. That leaves the matter of what is, indeed, "appropriate" completely unresolved, thereby rendering it an "optional requirement." Lots of those to be found in our state laws.

One thing I've been very impressed with every time I've sought to point out where WDFW is not operating according to the law is how good the Legislature is at including language that leaves a way out of everything.

Therein lies the conundrum. The Advocacy has (successfully) pointed out WDFW's non-compliance with APA on a variety of regulations, even late in the most recently completed season.

WDFW has two choices. Comply with the law or keep losing in court and pissing off stakeholders or get the Legislature to write an RCW that legalizes the way they are currently doing business.

Flea,

Good points, but, I believe, by being the "Signing Authority" on the North Of Falcon Policies, the Commission reserves (and ultimately has) the authority outlined in their statement as Supervisory responsibility.

As far as having an "out" by perhaps saying "Having the public involved in the Tribal/WDFW negotiations is not "appropriate". Well, I suppose they could, but they will ultimately have to give a compelling justification, better than the Tribes don't want it, to the citizens.

Sovereignty will be good enough, if the past is any indication, but I sincerely hope you're right.

As regards the Commission, I'm going to Vancouver Saturday to essentially protest what amounts to a strong-arm reversal by a few WA and OR legislators of a Commission-backed policy to enhance rec fishing in the Columbia. That there is only one option on the table that even allows the spirit of the Commission's initial guidance to remain intact tells the story of how much power the Commission really has, and it ain't much at the end of the day.

I've long held a belief that the reason we can yell so loud and never get our voices heard where it matters most is that the REAL deciders don't participate in the processes that set our seasons, and those who do participate are essentially communicating to the stakeholders what the deciders have already decided.

I'll never forget the NOF for Grays Harbor a few years back. We broke for lunch with what was shaping up to be a brilliant outcome for the sport side. We noticed Ron and Kurt heading off somewhere with then director Anderson. When we came back from lunch, Ron and Kurt opened up with a very different, much less favorable plan than what we had been working on all morning. Wouldn't you know it? That was the plan that got signed into law.

Understanding that the deck is stacked against us makes it hard to keep trying, but we do it anyway. It helps to be a little insane....

The Commission is meeting this Friday and Saturday.

They have the topic of Opening these meetings on the Agenda.

We NEED EVERYONE to send in an email, not "asking, "DEMANDING" they get these meetings open to the public. Doesn't have to be long. In fact just a line or two is perfect. Just as long as they get it!

Here is their email address: commission@dfw.wa.gov

Here is copy of my email:
Commissioners,

As a citizen of Washington state, a stakeholder in our fisheries, I demand the North of Falcon Meetings between WDFW and the Treaty Tribes be opened to full public oversight.

NO MORE SECRET MEETINGS!

Pmenchaca
Tacoma, WA

Things are heating up. Believe it or not, yesterday the tribal supporters in the House dropped a bill that requires the Commission to meet with tribal reps within 30 days of a request by a tribe to the Governor to review any state season, policy, etc. regarding HUNTING rules and regs. Then, all such meetings are exempt from the open meeting act. HB 1097 states

(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,

Clear as a bell, attempt to legalize closed door meetings on hunting same way as it's done today with fishing in NOF. So much for their confidence in their statement that sovereignty of tribes makes it legal to close doors at this point in time. Then, any time they demand, the Commission must put hat in hand and report to the Governor's Office. Can't even delegate to staff without tribal permission. Then, the full Commission is meeting behind closed doors. Incredulous! Wouldn't be surprised to see an amendment adding the word fishing beside hunting.

WTF? I'd guess it would be easy to gloss right past this for most representatives who don't have an understanding of the history and issues at hand. Who needs to be educated?

fb

Gonna be a tough sell to the Republicans in the house!

Going to be interesting to see how the Hunting Community reacts to this...and yes, pretty darn easy for them to slide "Fish" into this...

BUT WE AREN'T GOING TO LET THEM, ARE WE???

Is it my imagination, or is the end objective of all this result in the Tribe's 1) creating a comprehensive monopoly re: the State commercial seafood industry, and 2) establishing the legal authority to make regulations and undertake enforcement for recreational fishing? Will I be buying my licenses, catch cards, permits and tags from them, rather than WDFW? Fishing the Sound legally only if accompanied by a Tribal guide? WTF is going on here...?

I think that this years NoF negotiations are going to spell the end of rec fishing in the
Puget sound region. Because of ESA listings and the Feds backing the Indians we
are done. The WDFW has become powerless in these negotiations. They do not have the power to make the tribes toe the line. I do not understand how the tribes,
which are considered Wa State citizens can get away with being members of another separate country over which the state has no jurisdiction.

Keep an eye on KING5 news tonight, folks.

Rich said this was coming! I figured it would be tomorrow though.

Just saw the clip seconds ago.

Thank you, Mr Hamilton!

Lord, I needed that!! Well done, Tim Hamilton!! Straight forward, curt and concise...totally up lifting!!

Tim and I were at the Commission meeting and both spoke about the Closed Meetings. Tim spoke regarding legal action, I spoke voicing our collective voices and gave them information about our petition and read comments from the petition!

I'm putting an update together on the Commission meeting along with our efforts to continue to work with Tim's Advocacy and our numbers!

Allison from King 5 has been working with both of us to complete the picture.

One more segment tonight on King 5 at 6:30

WE NEED EVERYONE TO GO TO KING5NEWS.COM AND COMMENT ON THE STORY!!! WE NEED HUNDREDS OF COMMENTS!!

YOUR SIGNATURES ON THE PETITION MADE A MAJOR IMPACT!!!

More to come. On

HERE IS THE LINK TO THE KING 5 NEWS PIECE. THE REPORTER, ALISON MORROW, DID A GREAT JOB GETTING TO THE TRUTH.
Fishermen demand change for upcoming season
http://www.king5.com/mb/tech/science/env...eason/386567141

WE NEED TO KEEP THE MEDIA INVESTED IN THIS STORY! IT IS THE MEDIA ATTENTION THAT MAKES THE LEGISLATURES UNCOMFORTABLE!

PLEASE EMAIL KING 5 NEWS (THE BIG GUY) AND CC: ALISON'S BOSSES AND LET THEM KNOW HOW IMPORTANT THE STORY AND THE ISSUE IS! A THANK YOU TO ALISON MORROW AS WELL.

PLEASE EVERYONE. EMAIL! THE MORE THEY GET, THE MORE THEY REPORT IN THE FUTURE!

HERE ARE THE EMAIL ADDRESS FOR THEM:
Jrose@king5.com BIG BOSS
Ccarson@king5.com
Rwalker@king5.com

Done, emailed all three of them. Lets hope they give this the attention it deserves!

Done.

Thank you PM (BayWolf) for keeping the ball rolling,

fb

I emailed King5 about how the Leg is solving the problem (for hunting) by proposing to exempt those state/tribal/gov meeting from Public Disclosure. Fish will be next.

Be interesting to see which members of the legislature are in their pocket. Of all the states that have treaty Native within their borders, we seem to have the most trouble. I do not think that the general public is aware how much trouble The Natives who have the upper hand are going to cause. I also sent emails to King 5 group.

Thanks guys!

Our next major push is the shows;

Gonna need some volunteers to pass out flyers and talk to people at the shows.

Anybody know how we can get a few passes to the shows for volunteers?

PSA has a booth and I imagine CCA has one also. Different PSA groups have booth duty on different days. Get the petitions to them....

OK, just one more comment before I 'lurke' some more.... There are over 11,000 members on PP. Assuming most care, how do we get at least half to sign petitions and/or email our elected representatives.

Kinda sad, eh?

That petition should have easily been 20,000 strong by now.

For max PR broadcast, I would suggest making this a "transparency" thing. . .not a "rec's vs. the tribes" thing. Nobody can argue against transparency. As soon as it goes anti-tribe, we lose the high-ground.

Of course if transparency leads to a greater understanding of the nature of "things", and based on that, the casual non-fishing Washingtonian takes an anti-tribe stance, then so be it.

fb

It goes beyond simple transparency. There is a law mandating a process. This is supposed to be a country and state that follows laws. Not just when it is convenient.

Could maybe setup a ipad and people could fill out the petition info right at the booth

I'm afraid neither CCA nor the PSA groups would allow us to co-share the booth with them. They have a responsibility to represent ALL of the membership. And even if the officers agreed with an issue, they are still bound to represent all. Since their membership are "dues" paying. Unless every single one of them agreed, they cannot endorse or put their organization behind anything this political.

I understand. I do appreciate that they pass on information about these issues to their membership, and we do in fact, have many CCA and PSA members signed on the petition.

OK folks...

Spread the link to the KING5 broadcast to as many of your contacts as possible with another plea to sign the petition (provide link).

I don't know how any thinking man who watches the newscast could possibly not feel compelled to sign the petition.


What have you got to lose?

Second pass thru Ifish seems to be picking up another round of NEW signatures.

I think some guys thought this a lost cause from the start and just didn't want to waste their time. Others just don't care. But there are still a great many that just don't understand how important to the whole Co-management process this is!

Thanks guys for all your effort. We just gotta reach out one at a time and let them know!

Actually Bay wolf, all you have to do is contact a PSA board member and see if they are willing to bring it before the board. There is a different chapter manning the booth each day of the show. Each chapter displays the literature they choose (within reason). Do you know any board members? Or you can go on any of our webs sites and find the contact info and speak with us and see what happens. I know you think we are just a fishing club, right.

BW, thank you. I don't know any of the leadership personally. I take it from your response that you may, or are in a leadership position yourself in PSA.

I would appreciate ANY help in getting contact to PSA. Even if it is just a list of email addresses.

My hope is that members of the groups would be bringing this up to the leadership and they as a club would make a decision internally.

I'm positive the various PSA groups are aware of what we are doing.

actually Ron Warren (WDFW number 2) was aware of this as of the 5th, when I spoke with him last.

I can bring it to my board (South Sound Chapter) tonight. I make no guarantees.

We will be manning the booth on Sunday the last day of the show. But you could go the state board web site and contact them and maybe get more exposure. Up to you.

For my part, yes, I am a board member and the new webmaster for the south sound chapter.

THANK YOU BW,
I'll send an email to the State Board.

VOLUNTEERS NEEDED, NOW'S THE TIME TO STEP UP!

The various trade shows are fast approaching. There will be thousands in attendance through out the different events!

This is an excellent opportunity to get the message out to many who have yet to hear what we are doing. OUR STRENGTH IS IN OUR NUMBERS!

I will be at the Puyallup Sportsmen show, but I can't do this by myself!

WE ARE A GRASS ROOTS MOVEMENT, REMEMBER. WE HAVE DONE SO MUCH BY SOLIDARITY. I CAN'T PROMISE A FREE PASS, NOR FUNDS TO PRINT FLYERS. I NEED TO ASK ANYONE TO HELP ANYWAY THEY CAN. BY PROVIDING PASSES FOR VOLUNTEER'S, OR PERHAPS PRINTING FLYERS, AND OF COURSE, GOING TO THE SHOWS AND MAKING CONTACT WITH PEOPLE AND GETTING THE WORD OUT!

WE NEED VOLUNTEERS TO PASS OUT FLYERS AND SPEAK TO PEOPLE AT THE VARIOUS SPORTSMEN SHOWS AND BOAT SHOWS THAT ARE UPCOMING!

TRI-CITIES SPORTMEN SHOW STARTS JAN 20-22.
ANYONE IN THE TRI-CITIES AREA, PLEASE PRINT SOME FLYERS AND GET THE WORD OUT!

THE WASHINGTON SPORTSMEN SHOW IS A BIG ONE: JAN 25 - 29.
WE NEED SEVERAL PEOPLE TO WORK THIS SHOW!

SEATTLE BOAT SHOW IS ANOTHER BIG EVENT: JAN 27 - FEB 4.
WE NEED SEVERAL PEOPLE TO WORK THIS AS WELL.

IF YOU WILL HELP, PLEASE LET ME KNOW.

IF ANYONE KNOWS HOW TO WE CAN GET PASSES OR PRINT FLYERS FOR ANY OF THESE EVENTS FOR THE VOLUNTEERS, PLEASE LET ME KNOW!

HERE IS THE LINK FOR THE PRINTABLE FLYER!

PRINTABLE PETITION FLYER

I'm good for any of, or all the day on Thurs. 26th. Once we get the logistics together (locate @ access gates, building entries or interiors, visible signage size and content, "party line" verbage and main focal points, strategic do's and don'ts, individual or multiple signature petition sheets, etc.) we can put the entire package together. Looks like a planning session prior to the Show(s) is in order...
If this is worth doing--and we all know it is--then it's worth doing right. Keep in mind what's at stake...WE ARE NOT SELLING ANY THING, BUT WORKING TO 1) PROTECT OUR LEGAL RIGHTS, and 2) CREATE A SUSTAINABLE SALMON RESOURCE WITH AN EQUITABLE HARVEST PLAN.

BW: I'm on the board of the East Jefferson PSA. Our club will be manning the PSA booth on Thursday Jan 26th, start to finish. Get the paperwork to me there and unless the rest of our board or the state board objects, we can display it and talk it up! Ask for Don

Old Crab, not sure if you were speaking to BW or referencing me Bay Wolf (BW) but "Thank You" for your and BW's effort to have your Chapters support us at the Sportsmen Show. Please let us know for sure if it's a go and we will get with you to set things up!

Bay Wolf.... Just got the approval from the top dog! Somehow get your petition and material to the PSA booth at the sportsman's show on the 26th and the boat show on the 31st-the days my PSA club and I will be manning the booth! I'm sure other PP members are also PSA members and would probably speak up on which days their clubs will be manning the PSA booth and would help. I think someone should snail mail the petitions to you each day so they don't disappear.

OLD CRAB, GREAT NEWS!!

I JUST GOT 1000 FLYERS PRINTED (out of my piggy bank). GONNA GO LOOKING FOR CANS TONIGHT TO SELL, SEE IF I CAN GET SOME MORE PRINTED!

I'LL BE THERE FIRST THING ON THE 25TH AND WILL GO ALL DAY, EVERY DAY FOR AS LONG AS I HOLD UP! ONLY GOT ONE OTHER GUY (GREAT BENDER) TO HELP WALK THE FLOOR AND PASS OUT FLYERS SO FAR! MAYBE I CAN JUST SWING BY AND PICK UP THE SIGNED FLYERS?

DON'T KNOW WHAT I'LL DO FOR THE BOAT SHOW YET. IF WE DON'T GET ANY VOLUNTEERS FOR THAT EITHER, I'LL DO MY BEST TO GET UP THERE FOR THAT TOO...

STILL LOOKING FOR A LITTLE HELP FELLAS...

Have you contacted the state board as requested? They could insure the flyers were displayed for the entire show. That was the recommendation of my board.

Yes, I sent a request to the State general email and to Ron Garner:

Ron,

As you’re aware, there is a very strong grass roots movement supporting having the WDFW/Tribal NOF meetings open to public oversight.

To that means, our petition has, to date, over one thousand, two hundred signatures, and growing daily.

We have gained attention from the WDFW Commission, WDFW Director and have received highlight on KING 5 News and various sports media.

We are truly a grass roots movement. It is through people speaking to people that we have gained such solidarity with sportsmen, non-tribal commercials and regular citizens who are concerned about transparency in our government.

PSA has long been at the forefront of actions to enhance and protect not only the sport, but more so the fisheries themselves.

We are asking for your support, for our movement in having the WDFW/Tribal NOF meetings brought into the light.

The Washington Sportsmen Show is fast approaching. We will have volunteers at the show, educating sportsmen and women about the issue of these closed door meetings.

We would like to have PSA provide any support possible to assist in getting this word out to the many thousands who have yet to hear the message, and would like to add their voice to the growing numbers of supporters.

Some area’s of consideration would be:
Provided passes to the show for volunteers.
Allow the petition flyers to be on the table at the PSA stations
Encourage PSA members in attendance to educate attendees on the importance of transparency in our fisheries.

Any assistance would be very much appreciated.

Please, feel free to contact me at anytime,

Respectfully,

Haven't heard back...

My compliments on a well-penned letter with a most pertinent message. From the Coastal bays to the Columbia River, and on to Puget Sound and Its various watersheds...we are ALL in this together. Only a unified approach to the primary issue--that being the creation of a sustainable salmon fisheries resource--will insure opportunity and a fair share for all.
It's time for those in position(s) of leadership to push to the forefront, endorse this movement, and take their rightful place as vanguards--you simply can't lead from the rear!

Tomorrow is the start of the Washington Sportsmen Show in Puyallup. If you attend the show and see either myself or Great Bender walking the floor and passing out flyers, please stop and introduce yourself.

We will be doing our best to get the word out to as many as we can.

WDFW ANNOUNCES THE SALE OF THE 2017-2018 LICENSES: REALLY!!!

AND THEY MIGHT COST MORE!!

AS A SHOW OF DISSATISFACTION WITH THE INCREASE IN OUR LICENSE COST AND THE LACK OF TRANSPARENCY WITH THE NOF PROCESS, WE ARE URGING EVERYONE TO NOT PURCHASE A LICENSE RIGHT NOW.

HOLD OFF!! THERE IS TIME TO GET A LICENSE LATER IF YOU CHOOSE TO DO SO.

NOW IS THE TIME TO USE OUR MONEY TO SEND ANOTHER MESSAGE RE-ENFORCING OUR DEMANDS TO BE HEARD AND FOR THINGS TO CHANGE!!

DO NOT PURCHASE A LICENSE AND TALK TO ALL YOU KNOW TO JOIN IN AND NOT PURCHASE A LICENSE NOW!!

WE HAVE NOTHING TO LOSE AND EVERYTHING TO GAIN BY USING OUR WALLETS TO SEND THIS MESSAGE!

TRANSPARENCY IS THE ONLY WAY WE CAN GET TO THE TRUTH!!!

Can someone show me where the "new" cost schedule is? All I could find was this:

http://wdfw.wa.gov/news/jan2417a/

"License fees for the 2017-2018 season have not changed from the previous year."

Yes, your correct. The new fees have been proposed but still need approval.

KING 5 Just aired another piece on the Open Meetings issue. This spot focused on a couple of Commercial fishermen who are fearful that pushing to open the meetings will create "Chaos" and perhaps the tribes will walk out and they will lose their season...

We feel their pain. It's clear the Tribes have a lot of people scared.

But I just can't buy some of what these guys are saying!

KING 5 Commercials Voice concern on Open NOF

Pansies.

fb

Pete Knudson has been spinning commercial fishing issues for so long, he would have you believe the best instrument for salmon recovery is a gill net. His pointing finger is always aimed at something, or someone else, kinda like Beavis or Butthead. He and his commercial fishing cronies have gotten away with lowholing us and the tribal fishermen, up and down the coast, for decades. No wonder he's not for transparency or change. The Trump administration has Kellyanne Conway; N.W. gillnetters have Pete Knudson. No wonder you can't "buy" some of what he is saying.

Anyone that sensitive should probably skip the Sportsmen Show, and go to the Wedding Expo instead. Knudson's comments were meant to blur the focus of those pushing Baywolf's initiative, to impede it's momentum, and to confuse the uninformed. Propaganda and "alternative facts" need to be exposed for what they are...

UPDATE FROM DAY 1 AT THE SPORTSMEN SHOW

Greg and I spent the day (12 till 8) walking the floor and speaking to people and asking them to sign the petition.

SO, with just Greg and I we got 75 signed petitions. We also passed out a lot of flyers so more may sign on line.

WE COULD OF DONE A LOT BETTER, BUT WITH JUST THE TWO OF US IT IS IMPOSSIBLE TO SPEAK TO MORE THAN THAT!

WE STILL HAVE TOMORROW, FRIDAY, SATURDAY AND SUNDAY!

IF YOU BELIEVE IN THIS. IF YOU REALLY THINK WE ARE DOING SOMETHING GOOD HERE, WE NEED YOUR HELP!

THERE ARE SO MANY PEOPLE WHO CAN BE REACHED, BUT GREG AND I CANNOT DO IT ALONE.


WE HAVE SOME FLYERS THAT WE PAID FOR OUT OF OUR POCKET TO HAND OUT. IF YOU CAN HELP, YOU CAN MEET UP WITH US AND WE CAN GET SOME FOR YOU. IF YOU CAN, PRINT SOME OUT AND MEET UP WITH US. WE WILL BE IN THE SHOWPLEX AREA. (The big bldg. with the SportCo and the food court) JUST LOOK FOR THE GUYS PASSING OUT FLYERS AND LET US KNOW YOUR HERE TO HELP.

Here you go folks just a update on PFMC ? NOF schedules for those interested.


Grays Harbor Advisory Members,

For those interested, listed below are updated meeting dates pertaining to NOF and PFMC:


Meeting Dates Location
Forecast kick-off 2/28/2017 GA Auditorium Building
Olympia, WA

NOF #1 3/17/2017 GA Auditorium Building
Olympia, WA

NOF #2 4/4/2017 Lynnwood Embassy Suites
20610 44th Ave W
Lynnwood, WA 98036

PFMC-Public Hearing 3/27/2017 Chateau Westport
Westport, WA

Previous PFMC #1 & #2 dates and locations have not changed.

If any meeting dates/locations/times should change you will be updated.

Sincerely,

Kim Figlar-Barnes
Fish Biologist
WDFW Fish Program – Region 6
48 Devonshire Rd
Montesano WA, 98563
360-249-4628 ex 235

Excellent work BayWolf! I appreciate what you are doing and I really think it DOES make a difference.

Thanks Chasin. We've been working long days to educate and ask support of the guys and gals at the show. We can't reach everyone though. Just too many attendees for us to contact. If anyone wants to pitch in, just look for us. We will have clip boards and walking the floor passing out flyers and talking to people. Just introduce yourself and we will give you some flyers.

JUST WENT OVER 2,111 SIGNATURES WITH ON-LINE AND PAPER COMBINED!

Here are a few observations we took back from our efforts at the Sportsmens show:

For the most part, sportsmen have very little idea on how the fisheries are really managed. Many didn't know what North of Falcon even was!

The guys we handed a flyer to who we couldn't stop and speak to, basically folded it up or threw it away!

The people we DID speak to almost to the person, signed on the spot! (We got over 800 signatures at the show.)

So, we need to explain better how very IMPORTANT these meetings REALLY ARE! And how they IMPACT THE FISHING!

If we can get that message out, we would have over 10,000 signatures by now!

PLEASE, REACH OUT AND MAKE CONTACT. THE NORTH OF FALCON PROCESS IS AT HAND. WE HAVE EVERYTHING TO LOSE IF WE WAIT FOR SOMEONE ELSE TO DO THE WORK!

I feel the need to echo Bay wolf's concern. With so much coming down the pike--issues re: The Governor and WDFW Commissioners, the pending NOF process and the related disregard for public transparency, ESA potential decisions/actions regarding fish runs, the visible emphasis on Tribal media PR, and the cast of characters behind, the content, and ramifications of House Bill #1097 to be specific--this is not the time for Recreationals to figuratively sit on their hands. Do more than just promote the petition--get on your feet, raise your voice and get involved..while there is still time to make a difference!!

WE JUST PASSED 1500 SIGNATURES ON OUR ON-LINE PETITION!! 2,404 NOW AND GROWING!


Combined with the 904 we got on paper, we have 2,404 Sportsmen, non-tribal commercials, and other citizens sending a very clear message that we will not stand for secrets in our fisheries any longer!

The time is NOW! We cannot let the momentum fade. We cannot ease off and let the political winds blow us aside.

Keep getting the message out! Write, or better yet, call your representatives and the governor.
Let them know about the petition and the WILL OF THE PEOPLE!

They are counting on us fading away. To become apathetic, and give up.
We must stay STRONG and continue to GROW STRONGER!

Excellent idea!

Why don't we all write Rep. Rossi right now!

Contact Dino Rossi Washington Legislature

Me too!

Anybody else?

Here is another advocate of Sportsmen we all need to send a note to.
He's the watchdog over the WDFW commission, department and staff.
Chairmen of the Natural Resources and Parks Committee.

Kirk.Pearson@leg.wa.gov

Get a letter to him now, letting him know that a license fee increase should not even be considered until transparency is addressed in our NOF meetings.

What about 1950/30/10 Where are the fish what's the reason non are here?

Not sure what your referring to Chetco. Please give us some more details.

This was just posted in the Tidal Exchange in response to the Tribes call for more co-operation:

Open Letter to NW Treaty Tibes and Lorrein Loomis

Very good point regarding transparency and honest conversations on accountability and harvest!

Just wondering...given forecasting meetings start this week, any word on if this year's process will open up or not per your petition process?

As it stands right now, no. They won't be open, but we have made very significant progress in moving closer to having some sort of public oversight.

I'm working on an update and will post it here soon. I can tell you that the recent meetings at WDFW have had many comments on transparency and the North of Falcon issue. King 5 was at todays meetings and is following the progress of our petition and actions to get these meetings opened.

More to come in a short while...

I have this dream where the State sets up the meeting place to include live streaming then has its representatives sit at the table with the doors open and press monitoring the live stream.........and see who shows up and who doesn't. Then negotiate with those in attendance and present the plan to NOAA.

Did I mention this was a dream? Reality sucks!!

Like it!!
Unfortunately, WDFW does not posses the cojones to do something like that. They are content to blame the Tribes for the roadblock to transparency, and then meet secretly with them and give away the farm just so long as the Tribes agree to let us have a little something.

Let me ask this:

Are we willing to lose our entire fishing season this year, in order to fix this for the future?

The State says: "We fear losing all our fishing opportunities IF the Tribes fail to agree to our recommendations and walk out of the negotiations."

How?

Because without the Tribes "approval" we can't get permits in time through NOAA to be able to fish!

And, apparently, the Tribes will only approve some fisheries for us, IF the State gives them large concessions behind closed doors where the public can't object because we never see what their doing.

Why?

Because the STATE has not applied pressure on the State Representatives to have them pressure NOAA to "Fast Track" our permits like they do the Tribes!

So the status quo is Secret Meetings where the Tribes have the upper hand to get the State to do what they want, or they threaten to walk out! So who's really running our fisheries?

Or, we let them walk out, let all hell break loose, maybe lose a season, but allow the now falling house of cards bring real change for the better of our fisheries where one side does not have leverage over the other...that is true co-management!

The Tribes will NEVER give up anything voluntarily. The State will never challenge them strongly, unless enough people demand it. And without either of those two happing, we will see the last fish taken out of our waters.

Transparency in the North of Falcon Meetings has been the major topic of discussion at both the WDFW Fish Projections meetings so far.

At the last meeting in Olympia, several members from the audience voiced frustration and anger at the secrecy in the meetings with the Tribal Co-managers. Adding to the frustration is the utter silence from the Northwest Indian Fisheries Commission(NWIFC) on the issue of Transparency. To date, the State has also stonewalled any further movement toward public oversight.

The bright spot is, Transparency and openness in our fisheries has gained A LOT of attention. And the attention has not gone un-noticed from WDFW. They continue to use the new "buzz-word" transparency in the meetings. But, it's only to make the pretense that they are. Director Unsworth has not had the courtesy to respond to our letter asking him to reach out to the Chairwomen of NWIFC, Lorraine Loomis, nor has the NWIFC responded to our letter asking to remove the roadblock to transparency.

So, where are we now? Light years ahead of where we started from, thats where. We are growing stronger daily. The media, and sports organizations are coming on board, doing articles and spots. We have meetings scheduled with Senators and continue to correspond with WDFW, NWIFC, Representatives and leaders in the fisheries.

This is a hard fight. It is possibly a long fight. The parties involved DO NOT want change. They DO NOT want the public to see how they truly manage OUR resources and they really feel like they can just wait us out!

Now, more than ever, it is time for you, the people, to stop waiting for someone else to DO. It is time for you TO!

Take a minute away from the video game, the TV show or whatever you're doing and send an email. Make a public comment on the WDFW site. Call your representatives office. Send a letter to the NWIFC. DO! Take action now. It is time. We have never been this close to real change. Don't let them wait us out.

If nothing else, Send an email to Senator Kirk Pearson's office: Let him know you support transparency in the Tribal/WDFW NOF meetings.
Cameron.Bailey@leg.wa.gov

Send a letter to Lorraine Loomis, Chairwomen of the Northwest Indian Fisheries Commission. Let her know you want these meetings opened.

Northwest Indian Fisheries Commission (NWIFC)
ATTN: Chairwoman Lorraine Loomis
6730 Martin Way E, Olympia, WA 98516

The time is now! WE WILL BE HEARD!!!

Remember that "The Tribes" are not a monolith, single entity and that NWIFC has no power or standing.

NWIFC is an organization that coordinates tribal actions, negotiation, etc. It does not decide for the tribes; each Tribe does that. Those history fans will remember how well the US of A functioned under the Articles of Confederation where the colonies were a collection of independent states. Or, for a more modern application, the NWIFC is the UN of Tribes. As long as they all agree.

Long way to say that one tribe, objecting to one fishery, can throw out the agreement. The Tribes will work hard to present a united front, cast actions as conservation, so open meetings showing one or two objectors derailing the negotiations is not good.

And WDFW? If they get no season they sell damn few licenses which results in a much smaller and less functional (teed that oe up for ya all) organization. They have to get something to survive.

Anybody know, if after last year's fiasco, if WDFW sent proposed bass, perch, resident trout fishery reg package to NOAA for approval? Those don't need to be hung up on ESA/salmon so they must have done so. Right? They might also have tried to develop their own package and be ready to submit if things go south. That would at least get NOAA in DC's headlights now.

I can think of another possible alternative. It requires getting the support of State Senator Pearson's committee and the WDFW Commission. Both of those seem achievable. Pearson seems sympathetic to what's going on with the degree of frustration in the sport fishing community. The WDFW Commission is more responsive to "the hand that feeds" the Dept. (Us!) than is the Dept itself. The Commission can order the Dept to have open meetings or none at all. This would presumably lead to the tribal walk out as happened last year.

The Commission could order the Dept to promulgate a typical PS recreational fishery with high ESA conservation standards. NMFS would likely respond with the news that the Dept's proposal can't be reviewed and approved until after the season is over. The Dept could respond that NMFS shouldn't and cannot put the State in such an impossible situation, and that the State will go ahead and fish without NMFS' approval of the State plan. Thus would begin Salmon War 2017.

NMFS would likely seek an injunction against the State in federal court. The State would have to decide whether to fish or cut bait. We would find out if WA Senators Murray and Cantwell can earn their keep or not by intervening with NMFS and curtailing the injunction because it would be NMFS creating the impossible condition, on the grounds that it is inherently unreasonable for the State as a co-manager to be expected to negotiate with the tribes on less than equal standing.

Yeah, OK, this alternativce ain't too likely. Would take guts on the part of too many players who haven't exhibited having them in the past.

NOAA could also be ordered by the Giant Cheeto to provide the same expedited and even-handed review to non-Indians that it provides Indians. But, like you said, that will take huevos, a spine, etc.

"NMFS would likely respond with the news that the Dept's proposal can't be reviewed and approved until after the season is over. The Dept could respond that NMFS shouldn't and cannot put the State in such an impossible situation, and that the State will go ahead and fish without NMFS' approval of the State plan. Thus would begin Salmon War 2017."

Yes! Count me in! That's the best response yet!

CM -
My understanding earlier this winter was the WDFW was exploring and hopefully pursuing obtaining separate Chinook ESA take coverage for the various game fisheries rather than the cover blank coverage under the co-manager PS Chinook Management Plan permit.

This is not an easy "get"; the reason it was done the way it was initially was that was the easiest way to get it. It will take significant staff time from WDFW staff as well as federal state (NOAA and USFW) to assure there is ESA protection. Hard imagine that such coverage would be available before 2018 and more likely even out.

Salmo g.

Crafting non-treaty fisheries that would meet a high ESA conservation standard or even ones that would assure that the Treaty fishers are assured full access to their treaty guaranteed share would result in significantly reduced non-treaty fisheries; especially in mixed stock areas.

Curt

I know I am harping on the same thing, but it seems that the state should be simply be reopening the Fishery advisory board. From my reading of the past court orders and decisions, this is the direction that must take place; unless someone can show me where this route was abolished legally, in the courts or otherwise.
My fear would be that the department takes the hard line, goes to court, only to have the courts tell them to go back and take the already established route! The fact that the state and Tribe agreed not to use the Board does not appear to have officially removed that path, only suspended it. I liken it to a child custody case where the parents can't agree and the courts set up a arbitrator for them to meet when things get tough. Both parties realize it sucks to go that way and start to work things out. Then six or seven years later the wife remarries and cuts off a visitation to the husband. Would he have to start from scratch, or simply go back to the original court, explain what was going on and ask for a new arbitrator to be established? I would guess that the courts would not want to readdress the issues at hand, since the underlying need for an agreement has been established, and simply direct the sides to take the established path. Co-management is the law, if one side refuses, a court order path to resolution has already been established.

If I am off, and I know I could be, please let me know. Thanks

The question asked Tuesday at the NOF forecast meeting in Olympia was--- what is the latest word on observers being allowed in the Sacramento meeting.

The answer was that it would be up to the tribes regarding observers and having an open meeting. They stated that there will be an additional large room available for those that travel and that the staff would be giving periodical updates of ongoing negotiations to those in attendance where input could also be given to staff.

My take is if I went down to the Sacramento meeting, instead of sitting around twiddling my thumbs, I would be outside picketing the event while waiting for negotiation updates.

Or, if the event was being streamed to the additional room that would probably keep me preoccupied instead of an outside the building demonstration.

What they are referring to is:

April 7-12

Final Pacific Fishery Management Council Meeting

DoubleTree by Hilton Sacramento, 2001 Point West Way, Sacramento, Calif.
PFMC adopts final ocean fisheries regulations and state-tribal fishing plans are finalized for all inside area commercial and sport salmon fisheries.

This is a public open meeting already. They just don't let the public in the same room. Rather sit out side and be fed BS.

All the deals are already done by the time the Sacramento meeting takes place.

The destructive deals done with our Tribal co-managers are done in meetings that have already started and that are NOT published on the NOF Schedule and are completely closed to the public!

The protests need to happen in front of these closed meetings. All we need to do is find out where they are being held!

Of course....

In yesterday's NOF meeting in Olympia --WDFW stated NMFS response to them that it would be an 18 month process to go it alone.

Interesting how they shift the blame away from themselves in justifying why they want to keep the public out of the meetings. "The tribes won't let us." " NMFS won't approve our permits in time". What we haven't heard is what progress and how hard they are working to get us out of this mess! We will never truly be in a co-management system as long as one party has leverage over the other and can dictate terms of agreement!

Region 6 had their "pre-season" meeting 2/22/17 in Montesano. There was a question/answer period.....one of my questions had to do with the public be allow to attend WDFW/QIN NOF meetings, dividing fish between user groups.

I then ask about Wynoochee Mitigation, which has to do will putting fish back in the river.....a process that is now in 25th YEAR, and not 1 Coho or Steelhead has been put in the river from the mitigation funds. Oh, that fund total is now about 2.5 million.

The new Regional Director, Larry Phillips, then spoke.....he indicated that, WDFW/QIN meetings open to the public "would not happen", move on....

That's what I know....3 of us have met with WDFW personnel and made presentations to the Commission......Commission wants the monies to be spent.......mmmmm, we'll see??????

The meeting was taped......

We remember your questions and how Larry Phillips barked at you! Got our hackles up that a public servent would address you like that! Very rude.
And "move on" is NOT going to happen Larry ol boy, no matter how much you would like us to just go away!

Thanks Drifter for getting in their face and bringing up the issue!

I was also in attendance at the Montesano meeting. It puzzles me how a mid-level newbie Manager can speak on behalf of the entire WDFW hierarchy and condemn Transparency , while other personnel are, at the same time, expressing positive support for that very same concept. You wonder why the public has lost faith and trust in you? Our taxes, license fees and permits contribute to your salary. You claim the Feds are stone walling you, just as the Tribes are...and there is nothing you can do.
I simply am not buying this. Show us your efforts to reach out to DC and ask for solutions and guidance on how to "Co-Manage" when your counterpart has all the leverage, and won't bargain in good faith. Demand they oversee and moderate these sessions--maybe even provide arbitration. Bring us into the proceedings so we can better grasp your plight. YOU ARE WORKING ON OUR BEHALF, AND WE WANT TO SUPPORT YOU. Get the job done!

The State (and WDF) agreed to co-management as a solution to many perceived problems if the Tribes took Boldt II to court. WA leadership does not want to piss off the Tribes. There are perceived to be great risks to development, ongoing economy, and growth if the state does not give the tribes much of what they want. It was a calculation that giving up fishing was small potatoes when compared to the other stuff.

I find it very interesting that the Nisqually Tribe finds it important enough to create their own Open Public Meetings Act, yet chooses to disregard the States.

Nisqually Open Public Meetings Act

Funny how non tribal development is always a risk to the tribes but large hotels, casinos and outlet malls on tribal land and the traffic associated with them are the greatest things since sliced bread.
Their PR machine is in full gear.....
SF

Even more interesting will be how they try to explain off the effects of logging on the now thousands of acres of forest land they now own.

That's because the Tribes are the First Conservationists. They plan (as was told to State Employees during mandatory tribal training) not seven years but Seven Generations into the future. They have it all take care of. trust them.

Smalma

My understanding of the Treaty Right is that the tribes, in aggregate, are entitled to 50% of the harvestable fish of Ceded Area fish returning to WA.

This means that, say, Makah could take all the available Lake WA sockeye (say that there was an Early Stuart fishery). In that case, only a NI fishery could be allowed. No more tribal fishing.

So, if WDFW puts together fisheries that ONLY take 50% of the available harvest on each stock then they have met Boldt requirements. The fact is that the tribes now seem to need more than 50% of at least some stocks to get "their" fishery. I have even seen some writers who claim that, for example, Muckleshoot gets 50% of the fish returning to their home waters. Nope.

Its not longer even about the 50%

We probably will never again get "50% of the available surplus" as long as we have ESA listed stocks.

It now comes down to ENCOUNTERS, of which the tribes are allowed MORE to maintain their fisheries.

Thank you for your petition clarification on NOF transparency.

When I signed the petition, I thought it included NOF from start to finish and everything in between regarding transparency.

The PFMC #2 meeting is usually the grand finale in the NOF process, usually because as we know last year negotiations broke down for the first time and an agreement was not reached until a later date.

The year before last, there was an apparent last minute shenanigan by the Muckleshoot tribe that closed area 10 and cut allocation in area 9, both popular summer Chinook fisheries in Puget Sound.

The year before that, the tribes apparently tried to close area 10 whether at the PFMC or at the meetings you are looking to find and expose or both---who knows, because of transparency issues by your own admission above. AND the list can go on and on.

Thank you and please keep up the good work you are doing on the NOF transparency issues.

I wonder what would happen if the state came in with cameras and set up the room to broadcast. If the tribe walked out, I would think they could go straight to the courts for an injunction and demand they participate. It would then be up to tribes to argue in court why they won't. The law already dictates they must reach an agreement, so I believe it would be up to them to show why they can not allow the state to follow the Open meetings rule. If the court agrees with them, so be it. If not, then the state would have no excuse not to broadcast. If the tribes show up and refuse to participate meaningfully, that would then be broad cast. I see no way they can win if the state pushes the issue. Which, has been stated many times, they do not seem to have any desire to do.

The WDFW and Director Unsworth have released a press piece that addresses their position on the secret meetings and how they are in total agreement that they should remain secret. Of course, the Tribes are running the show. They use the Gov't to Gov't tactic to take away the rights of the public and to remove any opposition to the deals since we cannot see how they are conducting themselves and the leverage they use to get what they want.

Here is the Press Release:

Public Input in the North of Falcon Process

We don't agree with the position and have responded through an update on the petition. Below is our response.

Director Unsworth: This Just Doesn't Work For Us!

MAR 11, 2017 — In a recent WDFW News Release, the Department and Director Unsworth once again attempted to focus attention on the left hand, while the right hand is still locking the door in our face.

In the release, they try to draw the focus off the secret meetings by saying:
“The public meetings are opportunities for anglers, commercial fishers and others interested in salmon to discuss regional and statewide fisheries issues with representatives from the Washington Department of Fish and Wildlife (WDFW).”
"I strongly encourage people to get involved and share their thoughts," Unsworth said. "Whether it's at one of the public meetings, through our online tool or in discussions with our many Advisory Group members, the public's input is essential in developing fisheries. As fisheries managers develop this year's salmon seasons, public participation is vital.”

Yet, he also continues to justify the secret meetings by saying:
"These government-to-government meetings must occur for fishing seasons to be set," Unsworth said. "Refusing to meet with the tribes because they will not allow the public to attend these negotiations would be very unproductive for everyone involved.”

Then he adds:
"State and tribal co-managers are far more effective when we work together at recovering and protecting fish and wildlife in Washington," Unsworth said. "I'm committed to working with the tribes to improve the process, make it as open and transparent as possible, and ensure our state's resources are sustainable for future generations.”

MR. UNSWORTH, THAT SIMPLY DOSEN’T WORK FOR US, AND HERE’S WHY.
The public meetings, slide shows, power point presentations, the public recommendations, requests and suggestions, all of the “public participation” in the process is ABSOLUTELY MEANINGLESS once the doors of these secret meetings are closed and locked to the public! Why? Because the Tribes have a huge advantage in these negotiations. The State MUST agree with the Tribes or risk not getting permits in time to have any seasons at all. Why do you think the Tribes and WDFW are fighting so hard to keep these meetings out of the public eye? They offer many excuses, but they don’t want the public to know how one sided and dysfunctional this process is!

Instead of making excuses why these meetings must remain closed, or fighting the citizens to keep secrets, why not work with us in fixing this unfair permitting process? Why has WDFW made no effort to request Federal guidance and direction to counter the overwhelming Tribal leverage? Why not Federal intervention in the form of arbitration? In the grand scheme of things, upholding and defending the civil liberties of ALL AMERICANS has the same priority, and is just as important as doing so for the Native Americans! Federal Law as set forth by the Boldt Decision has been superseded by a misconception of the dual citizenship principle. Don’t Tribal citizens vote in our elections? Don’t they have Bills drafted in our legislature to become State laws? Do they not contribute large sums of money to campaigns here in our State. All the privileges of State Citizens, yet they get to pick and choose which laws pertain to them?

This Gov’t to Gov’t meeting excuse needs to be looked into. After all, they are not negotiating National Security, nor are they discussing classified intelligence. They are negotiating the peoples Natural Resources! Why does that have to be kept secret?

Director Unsworth knows we are not asking for an open auditorium full of people. We want a live video feed, un-edited with no off camera negotiations. Simple. There is no reason this should interfere with any negotiations, and certainly is a low cost, effective method to allow public oversight!

So, Director Unsworth, we ask you again. If these negotiations are being conducted fairly to all parties, and you and the Tribal representatives are proud of the work you’re doing to preserve and protect our fish in these meetings, why are you fighting so hard to keep these meetings SECRET?

I URGE ALL OF YOUR TO SEND AN EMAIL TO DIRECTOR UNSWORTH AND THE COMMISSION, right now, and let them know we are not going away, we are not backing down and we are simply not buying their party line! Tell them to press the Tribes to open these meetings as they should be. It is the way WE DO GOVERNMENT IN THIS COUNTRY! Work on fixing the unfair leverage the Tribes have in the permitting process, and COME CLEAN WITH THE CITIZENS!

director@dfw.wa.gov
commission@dfw.wa.gov

State Senator Pearson Meets With Us.
Perry Menchaca
Tacoma, WA
MAR 14, 2017 — On March 13th, our fight for transparency in the Tribal/North of Falcon meetings was briefed to State Senator Kirk Pearson. Our meeting with Senator Pearson was most encouraging and very up-lifting.

As most of you already know, Senator Pearson, Chair of the Natural Resource and Parks Committee is one of the “good guys” who is truly devoted to conservation and fixing the problems in our fisheries. Our time with the Senator was very positive as we presented the issue of the permits being used as leverage in the secret meetings, and as we discussed your overwhelming support in having these meetings opened to public oversight.

As things develop, we will update you with details, but we are very encouraged with the positive conversation we had. We want all of you to stay active and remain in the fight. Continue to get the word out and educate everyone you can about our cause, and, of course, contact your representatives, the Commission, and Director Unsworth to let them know we are not going away!

In order to start fixing the problems, we must know what the problems are! Open and honest meetings that are truly conservation-driven is the right and only way to manage our fisheries.

Please give Senator Pearson a huge “Thank You”, as well. He has been in the fray for a good long time working to better our fisheries, and deserves our support.

Senator Pearsons Email: Kirk.Pearson@Leg.wa.gov

We will post more details and updates as things progress.

Your Voice is being heard!

I didn't buy a fishing license this year, is there a fund somewhere I could donate what I woulda spent? Seems like lip service when I make contacts with my reps.

I think this is important enough to cut and paste the preamble from their Open Meeting Act (emphasis added):

"1.01.010 Legislative Declaration

The legislature finds and declares that the Tribal Council, its subcommittees, boards, committees, departments, and all other divisions of the Nisqually Indian Tribe exist to aid in the conduct of
the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly.

The people of this Tribe do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created."

Kno, just hang on to the money for now. Once we win this, you can feel good about buying a license again! Thanks for the support. Let Director Unsworth and the Commission know that you're holding off buying a license until this thing is fixed!

Keep up the fire!

Thanks Larry for the extract. We too find it interesting that they profess openness in their government, yet, are perfectly fine blocking us from the same. Isn't that called..two faced? How can they possibly expect cooperation and trust building like that?

the actions of the WDFW and the so called stewards of the environment makes me want to go out and kill some $hit just so it doesn't end up in a net somewhere... I've never been a lawbreaker before, but I'm seriously considering it this year... here's hoping the enforcement budget is reduced as much as the opportunities available!!

this fu(king state needs to legalize Gawd damn gambling...

Are talks between Canada and the US open meetings?

Are you referring to on-going fisheries discussions? If so, ..

Completely transparent! Media allowed to cover, extensive records of the proceedings, participants are allowed to discuss negotiations, and in some cases audio and video records are made. I suppose if you wanted to go sit in on one of the negotiations all you would need is prior approval so they can insure your not a trouble maker and there is a seat available for you.



The Canadian/U.S. talks are between the U.S. Gov't and a Foreign Gov't.
People confuse Sovereign with Foreign. The Tribes are Sovereign in that they are self governing on their land. It does not mean they are wholly and completely independent of the laws and constitution of the United States and the State in which they reside. If they were, they would require passports, and would have an embassy!

Again, they (the Sovereign Nation Tribes) vote in our elections, donate large sums of money to lawmakers, introduce bills to be made into laws, conduct business freely, purchase land, and in all other cases participate in all activities as any other citizen of the State. The exception is (and this is because no one challenges them) they pick and choose which laws apply to them and they can independently declare any transactions as Gov't to Gov't, thus preventing the public from having any access to the details of the deals they are making.

Senator Pearson aims budget bullseye, headed straight for WDFW Leadership!

It appears we are not alone in finding the leadership of WDFW lacking.

After our meeting with Senator Pearson, we are confident one of the "fixes" he speaks of in his article is the lack of transparency in our North of Falcon process and the Directors support of blocking public oversight.

Senate rejects fee increase and calls for "overhaul" of WDFW!

We just posted an update on the petition. In short, we have had a very interesting meeting with our newest WDFW Commissioner, Barbra Baker and the WDFW Deputy Director, Joe Stohr. The meeting was informative and cordial. It allowed us the opportunity to speak directly to leadership and let them know how important having an open management process is to the citizens and for the fish. Although we did not get any concrete assurances of assistance, we have opened a dialog which will allow us to continue to address the issue. We do know that others in senior leadership positions have taken notice of our fight and as we stated in the update, the tide has turned. We now have influential leaders looking at the problem of secret meetings.

Government moves slow. As Senator Pearson so elegantly said, "at times it's like watching paint dry." However, be assured, it is moving, and it is moving in our direction to affect change to end these distrustful secret meetings.

We will continue to move the process forward. We will reach out to elected officials, appointed leader and tribal representatives and we ask all of you to do the same. Stay resolved, victory for open management is ours if we will continue to fight for it.

Remember, the numbers of petition signers is powerful. It speaks very loudly to everyone involved in this issue. Do your part and continue to get supporters on board. Besides the letters and calls your making, it is the single most powerful tool we have!

Good luck! Hope you win!

It has been some time since my last post. Frankly, I've been waiting to see how things fall together after the NOF completion. For the most part, my prediction that the Tribes would be more "cooperative" this year came to pass, as we did not hear of any really contentious fights. However, I also believe this was more a stall tactic rather than true progress in cooperation. The Tribes took a step back to take the pressure off, all the while, leaning forward with legislative action and maneuvering to prevent any attempts at transparency in future NOF meetings. Again, masters of the game. I intend to continue to push for full and accurate disclosures in our NOF process. I hope I can continue to count on all of you for support.

We are in a battle. A battle to bring truth to our fisheries. It is a David against Goliath fight at this point, but if we continue to ban together, we have a chance.

Thank you, I will keep you updated. Please do the same.

BW

Thank you for your efforts to date. It is a long term struggle. We need to keep pushing forward.

The thanks goes to all the people like you who have supported and continue to support this effort. We are going to need to put a major effort in to increase the pressure through contacting our legislators, and the WDFW Commission directly and often. The Tribes and WDFW have laid the ground work to keep these meetings secret, and they have no intention of letting the public see what they are doing without some HUGE support of the people.

....and we mustn't forget our Federal representatives and agencies....they need to hear from us, too.

Once again, WDFW is trying to pull the wool over the eye's of the sport fishermen by pretending to want PUBLIC INPUT! In a recent notification, WDFW is asking for the public's input on proposed rule changes. Of course, it's all smoke and mirrors, since the "proposed changes" have already been agreed to in the WDFW/Tribal North of Falcon meetings, which the "public" was restricted from even hearing what they discussed and agreed to. So, now they ram the deal down our throats and add the insult by asking us to provide input!!! If that doesn't make you pissed then you must be dead!

If your as mad and fed up with this "business as usual" disregard for the thousands of sport fishermen, please attend the public hearing and voice your frustration. If you cannot attend (they do it on a weekday, when most people have to be at work, of course) then please, write, call or email in your very strong statement letting them know, the secret meetings MUST END!!

Here is a copy of the notification with the contact information:

---------------------WDFW NOTIFICATION ----------------------------
2017 North of Falcon Rulemaking - Recreational Salmon Fishery - Puget Sound Freshwater and Saltwater.
The Department is considering changes to recreational salmon fishing rules resulting from stakeholder recommendations made during North of Falcon meetings. Recreational salmon fishing rules based on North of Falcon recommendations change from year to year to reflect resource availability and to achieve conservation goals. Amendments to recreational salmon fishing rules are needed to implement the agreed-upon changes.

Public Comment Period: Written comments are due by June 27, 2017 Written comments may be emailed to: Rules.Coordinator@dfw.wa.gov Or mailed to: Scott Bird, WDFW Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501 Fax: 360-902-2155

A public hearing will take place on June 27, 9:00 a.m. to 10:00 a.m. Natural Resources Building Room 184 1111 Washington St. SE Olympia, WA 98501

I sent them my public input via email. Here's my suggestion.

Since all the seasons and regs were agreed upon during a secret (violating state laws) meetings. The only suggestion I have is either stand up for open nof tribal negotiations or resign and allow the people that fund wdfw to have the opportunity to be properly represented

Well said. Integrity and courage to stand up for what's right within WDFW is as rare as steelhead are in the Nisqually!

Is there a way to make the director an elected office again? Would that help or hurt sporties? Just curious what other potential options we have tbh.

It would take either the leg or an initiative. Leg won't give away any hope of control. Given the success of the Tribe's in WA gubmint I suspect that if there was an election for WDFW (which has never been the case) Director I am fairly sure the Tribal choice would win.

As imperfect as it may seem the Governor in office appoints Commissioners to what are staggered terms. The Commissioners hire and fire the Director. The staggered terms for Commissioners plus the fact that they are required to be from different regions within the State provides some semblance of mitigating unhealthy political swings.

If the Director were to be an elected office the Commission would effectively become obsolete - either gone entirely or in an advisory role. Do you really want the Seattle voting block determining the direction of the WDFW? Just remember, the Seattle Times just got rid of their outdoor reporting - we are no longer considered relevant in their Seattle centric perspective.

If you are unhappy with the Director's performance and/or the policies he is implementing then address those issues to the Commission! Yes, it is difficult to overcome the inertia but that may be the lesser evil to rapid swings in management policy driven by (generally ignorant) public opinion.

I agree with you Larry. Having the Commission as a delegation authority is VERY IMPORTANT to the fisheries. It is only because the Commission is involved and a delegating authority, we have any hope of public involvement in our fisheries management. That's why the Tribes are pushing hard for legislation making the Commission an advisory body only and making the Director the sole authority to negotiate with NWIFC for fisheries management. Effectively, taking any liability to the States Open Meeting Laws mute. If/when they succeed, then the NOF and any other meetings will be totally out of bounds to public oversight. Believe me, it only gets worse. They are not only going after the fish, they are attacking hunting rights, water rights, land management, tax regulation and on and on. The general public doesn't know, doesn't care or both....

The tribes seem to be able to play a "long game" while the rest of us have attention spans measured in nanoseconds. They have a plan, are working towards it, and just assume that our collective boredom will allow for their success.

You're absolutely right! I like to say, "they are masters at taking the mountain a pebble at a time." Look back to 1975 and where we are now. The question of equality in the fisheries back then, is now a question of where does it end. The influence in our political system by casino money, coupled with the insulation of "sovereignty" has made for a very powerful minority. A minority that not only steers many political decisions in the state through campaign donations, but carries a very large stick in the way of funding law suits that the State just can't afford. The result is, we now have a separate coalition of nations, within our border who, although small in numbers, are able to dictate policy, law and influence over the entire population of this State.

I'm not Tribal bashing, I support the treaty rights as agreed upon. What I can't agree too is the manipulation of the law and use of financial influence to degrade the rights of our state citizens just because they can.

I am not sure it it is just "the Tribes". I think there is a lot of support in the community at large for them, given the way they were treated, how hard the State fought to keep them on the bank, and so on. I think there is a large residual feeling that they deserve whatever they can get based on history. Nationwide history, not just local.

As with many issues in America, the mass will not get involved until something happens that effects them personally. The wall that we are working on is two part: Lack of education and limited outreach. There were 693,786 fishing licenses sold last year. Imagine if half of those sportsmen signed our petition and contacted their representatives! We need to concentrate NOW on getting the masses educated about the damaging effects of the Secret Meetings, and how it impacts them personally. There will be a concentrated effort against us, and it has already started. We cannot wait, we MUST increase our efforts NOW!



Several things I have recently done to further our cause:

Sent request for a meeting with the Governor's office.

Sent request for a meeting with NWIFC Chair, Lorraine Loomis.

Sent letter to Representative Liz Pikes Office requesting a meeting.

Sent request for information on "Government to Government" meetings to the Bureau of Indian Affairs.

I ask all of you to reach out in any way you can to get people educated and let them know how destructive to our fisheries these continuing SECRET MEETINGS are to all citizens in this great state!

wonder if the wa supreme court ruling on port commissioners secret meeting would apply to the situation with WDFW and the tribes. Seems to me they are out of compliance with that decesion.

The major difference is, the State (WDFW Leadership) has labeled the North of Falcon Meetings as "Government to Government " and therefore are exempt from the Open Meetings Law. Its interesting to note that at the beginning of this petition, we were told that "as Sovereign Nations, the Tribes are not subject to State Law." As we pursued that as not true, Director Unsworth changed the reason to the meetings being Government to Government! It's clear that these meetings should have public oversight. We are diligently looking into the legality of labeling these meetings as Government to Government. Even IF these meetings can be closed to the public (that's a big if) They shouldn't be closed if cooperation and openness is truly the goal of both the WDFW Leadership and the NWIFC.

Back In Booth Gradner's day the state and tribes signed the "Centennial Accords" (from WA statehood centennial) that outlined how the state and tribes would manage, negotiate, work with each other.

The 1989 Centennial Accords committed Washington State to work with treaty tribes on a government to government basis. Did anyone, including former Governor Booth Gardner, intend for G2G meetings to occur behind closed doors in secret?

In the Centennial Accords, there is a whole lotta words on "government to government", "agencies/representatives " etc but not a lotta words (ie any) on "public participation". State law, state courts have little to no leverage in the negotiation format between the state and the tribes as far as requiring "open meetings".

http://www.goia.wa.gov/government-to-government/data/centennialaccord.htm

I think the State realized, when they looked at the possibility of Boldt II (habitat, see culvert case) that the Tribes had the whole state by the balls. Stop development, roll back damage, and so on. The State (and business) was scared shitless about having a court say that the Tribes had a right to at least a moderate living made by fishing for salmon. That has led to the current situation. Give 'em what they want for as long as we can. Eventually, development and climate change will render strong salmonid populations moot.

The question of having the workings of these meeting made public is still very much debatable, and has yet to be resolved. But, let's say for arguments sake that, the law allow's these meetings to be held in secret. Just because they CAN, doesn't mean they SHOULD! We have been told over and over that the fisheries are in trouble. That we (the sportsmen) MUST MAKE SACRIFICES in order to preserve and conserve the fish stocks. SO, how can there be any justification to conducting the most important meetings of the entire process and keep the informational exchange SECRET from the very people that are the most impacted!!!!

Our CO-Managers, through the NWIFC Chairwoman Lorraine Loomis, have repeatedly called for "cooperation and participation by all parties", yet they continue to obstruct a simple live video feed to allow the rest (and majority) of stakeholders from having ANY meaningful place at the table. You can read for yourself in the "Message from the Chairmen, NWIFC web site: NWIFC Message from the Chairman

It is very troubling that our Taxpaid public servants (WDFW Senior Leadership) are adamantly fighting AGAINST us to keep the doors closed. SOMETHING IS JUST NOT RIGHT HERE!

To be a little clear on who is paying WDFW. It is license fees and the DJ/PR taxes. There is some GF from the state, but that amount keeps shrinking. They work for US, not for the State. That is why it grates on folks to grow hatchery fish for others (AK, BC, Tribes) to catch. That is why the push to not buy licenses has some value. Not only does it reduce WDFW staffing levels (probably not a good thing) but it reduces the pool of fish to catch. The Tribes are betting that we will continue to produce fish for them. Given how well the State already funds Education, Infrastructure, Mental Health, Public Safety I am sure the Leg would love to fund salmon hatcheries so the Tribes can fish.

Duly noting your sarcasm, I have been thinking for a while now that organized sport fishing interests should lobby the Legislature to further radically decrease, if not totally eliminate, General Fund money allocation to WDFW. The purpose is to get WDFW's attention, to stop biting the hand that feeds them, to have the Department acknowledge that its business plan is fatally flawed, and needs to be replaced with a Departmental Operations Plan that is skewed toward its constituencies in proportion to the % funding provided by each constituency. In that context, WDFW would spend no more than about 3% of its revenue on managing non-treaty commercial fishing, somewhere between little and none on co-managing - such as it is - treaty fisheries, and around 97% on recreational fishing. I wonder what the probability of getting the Legislature to swing this direction might be. I think only a small number of Legislators are tightly in the hip pocket of commercial fishing, altho some, like Blake, hold key committee positions.

Right you are. As we speak, the debate is raging in Olympia over the budget. In that debate, the Democrats are arguing for more general fund money to WDFW.
Call your representatives and let them know this is not acceptable!

Send and email to Sen. Kirk Pearson, he is heading a drive to have an independent audit of WDFW and to reduce some funding, while protecting hatchery's and essential internal functions until completion of the audit and evaluation of the senior leadership.

I think Salmo offers a great plan. Another offshoot of that would be that the non-consumptive users would need to support something like DJ/PR for the non-game stuff.

We wanted to let you know about some of the things that we are currently working on.

First, we’ve sent another letter, with follow-up emails requesting a meeting with the Chairmen of the Northwest Indian Fisheries Commission. We’ve not heard back yet, but will be following up with some calls next week. We believe the time for dialogue is at hand. We are hoping Chairmen Lorraine Loomis feels the same.

We’ve been in contact with Rep. Liz Pikes office, and have been told that she will put us on her schedule the last week of June. Please, take the time to send her an email expressing your support for ending these destructive meetings.

Senator Pearson’s office has let us know that the fight for a better, more responsive WDFW continues. He is committed to improving the agency and is still working for an independent consultant group to identify and fix management and organizational issues!

We are gearing up for the “Public Input Hearings. I will be attending the one in Olympia for sure, and will try and make the others. We need a strong show of support at these charades. If you can possibly attend, please do, and speak up about what an insult it is to ask for our input to rules that were made in meetings we were barred from! If you can't make, be sure and send in a comment letting them know that we are not fooled, we demand they open the WDFW/Tribal NOF meetings.

Requests have been sent to the Bureau of Indian Affairs regarding the “Government to Government” label that the State is using to obstruct public oversight in the secret meetings.

We reached out to the Governors office, requesting an audience to speak on your behalf about the overwhelming distrust we feel for the WDFW senior leadership and it’s role in fighting against us to have these meetings opened.

On a personal note, I’ve contacted my district State representatives asking for a meeting, to brief them on how damaging these meetings are, and to ask for their support in ending them.

Also, we now have an email account that you can use to send us comments and suggestions, and that we can use to communicate with you directly.

Our email address is: OpenNOF@Gmail.com

Of course, we will continue to send out updates to keep everyone informed of any and all developments. We encourage you to continue to get others involved and to reach out to your representatives, the Commissioners, WDFW Senior staff, and others.

We are not going away!

With all the people you are contacting, is the White House among them? I suspect, just based on recent track record, that WH does not have warm and fuzzy feelings for the Tribes and might be interested in tilting the scales back to level.

Haven't reached out to the WH yet. This does bring up an interesting point though.

I think we are at a juncture in our fight (with substantial numbers and exposure) that we are ready to "ramp up" our efforts and for supporters to start contacting agencies and even the WH to bring this issue to light. Frankly, the more sportsmen are reaching out locally and nationally the better! Efforts by contacting the media, legislatures, Tribal groups and local sporting clubs are a good start. Forming local groups and appearing at WDFW and other public meetings to voice support in having the citizen sportsmen a vital part of fisheries management. Contacting friends in the advertising and public relations fields to print articles, flyers and signs for use at the various meetings.
These are just a few of the things sportsmen can do to advance the fight.

We only ask to keep the message focused on the issue of: "closed door meetings barring any public oversight and removing the non-tribal citizen from any meaningful role in our fisheries management."

There are so many ways to get involved above the signature support on the petition.

If anyone is interested in a more specific role, please contact us through our email at: OpenNOF@Gmail.com

Be careful what you ask for. I very much doubt that the White House would respect your wanting to keep the matter focused solely on the issue of who gets to attend meetings. rather, I expect that you would get an ally in the White House to subvert treaty rights, after which you would find that there is no legal basis for maintaining either natural or hatchery production of salmon. If destroying the tribal fishery at the expense of your own makes you happy, the go to the White House. Otherwise, I would avoid them like the plague.

Twodogs, your point is well taken. Once the storm is unleashed, controling the collateral damage is impossible. That's exactly why we have repeatedly asked the Tribes and the leadership of WDFW to engage in a meaningful dialogue on restoring the largest stakeholders (recreational fishermen) in the management process. Unfortunately, instead of working with us, they discount and ignore us, all the while continuing to make secret deals then shove the results down our throats!

I say they brought this on...and they can fix it. It's simple.

Allow a live video feed, un-edited and complete of the meetings.

It is true that without the treaties WA would blow away its salmon to worship the Almighty Development Dollar. But, if the choice is development or the tribes get the fish.......

I think if the mindset would shift to manage the fisheries for recreational/tourist dollars, there would be a fundamental change to the tribes and the recreational fishermen's relationship. After all, the tribes and the recreational fishermen have the same goal in mind. To enhance the environmental conditions to maximize survivability of the fisheries.

What puts us at odds, is that tribes are very fearful of losing treaty rights, and therefor are reluctant to reach out to the hand we've extended to work together.

It isn't a matter of one or the other. The treaties have been tested in courts, they are not going away. I personally don't think expending energy to fight the treaties is worthwhile or productive. I also think "playing the victim" all the time is damaging the tribes credibility.

We need to move past the past and start working together, in a true partnership to save our fisheries!

The Tribes also view a fish is a fish is a fish. They don't "play with their food". They kill it and eat it.

They are actually more in tune with the NI commercials because they have the same purpose. Kill 'em all.

Also, the recs and nets don't "play well together". Hence the closures on rivers for netting. I think it is for two reasons. One is safety as a drift net kinda sweeps the river without regard for the angler standing there. The second is all those eyes watching them as pike get tossed, chum get egged, and fish that get caught with fewer showing up in accounting.

And some folks in the rest of the world don't consider all fish as food. What the tribes do with their catch is their business. What I do with the fish I catch is not their business.

I support the tribe's right to catch fish, but no more than I support the right of everyone else to also catch fish. I also think that all catchers of fish have a responsibility to do so in a sustainable manner and an obligation to respect the methods of others that use the resource.

What is needed is a Recreational Anglers Association to lobby for those of us that do not wish to kill every single fish we catch and to lobby for our "right" to catch fish as a basic human right, in common with other nations.

Well stated! We have several "Sportsmen's organizations" already. Some very large and some very influential, yet we are still in this mess of dysfunctional duel-management and collusion to keep the sport fishermen out of the management decisions! If we want REAL CHANGE, we need to do it ourselves, with the support and power of the organized groups.

Imagine if the large groups like CCA and PSA organized rallies to support having the NOF meetings open. That, coupled with the large number of petition supporters would be very powerful indeed!

If you take a hard look at the current situation, it becomes VERY CLEAR, that the motivation to change is not there. In any system, where money, greed and power have taken hold, real change will not happen unless those in power are MADE to change.

The sports fishermen, for far too long, has been the cash supply for the Department, and has been easy to manipulate and disregard due to lack of organization as a lobby and in-fighting.

Having the Tribal NOF meetings broadcast live, is a first start for the paying public to see, first hand the way the sportsmen is disdained.

We have over 3000 signatures on the petition. It should be well over 30,000. This is the first time in a long while the sport fishermen and women have started joining together to make real change. We need to keep the momentum going, the numbers speak to the politicians and to the tribes.

WE ARE NOW ON TWITTER!

Here is our link to our twitter account:

Twitter: Open the North of Falcon Meetings

Share this with your contacts and tweet us.

Today the public is welcome to attend "The WDFW Charade Show!"

Sponsored by:

Secrecy
Distrust
Dysfunction
Mis-direction

Don't miss your chance for WDFW to put a check mark in their "Transparency and Public Input" box!

OR, you can show up and let them know we're not buying the BS anymore!

The Department got an earful today, but probably not what they intended. Of the sportsmen that turn out, all spoke against secret meetings and how they are destroying the publics trust in the Department leadership!

Since you've been beating this drum for a while now, you must have formulated all sorts of ideas and scenarios of what is going on in these "Secret Meetings". Let's hear 'em!

Anything I would say is pure speculation, since I can only go on what those that have been in attendance have told me, and they got kicked out some time ago. I think the better question should be, what are they so afraid of us finding out today?

It has been my experience that those that work hard to keep secrets, have something to hide!

I can tell you that once we get inside these meetings, things will start going better for sport fishermen.

I'd be interested to hear from anyone with first hand experience who can add to this information.

Since starting this thread, and petition back in Dec of 2016, I have been "beating this drum" doing my best to engage "Joe Fishermen" to get educated, open his eye's and take a good hard look at what is going on.

I have said over and over that only through the power of numbers and people working on this issue will we be successful. The politicians and officials will not change, unless they are made to change.

Us old timers can tell you, we have slowly and methodically lost more opportunities, access and role in management every year.

They are being taken away. Slowly and in a small piece here, another there, but rest assured, they ARE being taken away. And once gone, forever gone!

Over this last seven months, I cannot tell you how many times I've heard or read statements like:
"What you need to do..." or "You should..."

We are all busy, I get it. We have jobs, families, commitments. We have life going on, and trying to take anything else on seems impossible.

So, I'm curious. Is this just not important enough for anyone else to get involved beyond signing a petition or sending out an email or two?

Where are the "you's" in the statements.

Now, more than ever, we need groups to make appointments to speak to your district representatives. Get a commitment from them to help. Contact and meet with the WDFW Commissioners, the Senior Leadership at WDFW. Call the Governors office and ask for an appointment to speak with him. Call the NWIFC and request a meeting with Chair Loomis. Get involved.

Let us know at: OpenNOF@Gmail.com on what your doing and the progress your making so we can share it with the other supporters.

Only through community action can we combat big money and politics.

THE SHADOW OF DISASTER vs THE COMMUNITY OF ACTION
SEP 1, 2017 — The recent flooding tragedies in Texas have highlighted how quickly and unexpectedly our lives and our lands can experience catastrophic damage.

Our prayers and thoughts go out to the communities and to the wildlife impacted by these deadly floods.

Take a moment with us and say a prayer for those who have lost so much, and if you have the means, please make a donation to the charity of your choice to aid the victims.

It is easy for us to see the massive destruction caused by these storms, not only to the homes and lives of our fellow citizens, but also to the lands, habitats and wildlife of the area.

In our State, we are fortunate to usually have mild climate and are rarely threatened by sudden dramatic weather conditions. We are however faced with something that may be more sinister, the gradual destruction we are facing in our waters.

Many of you will agree that our salmon and steelhead populations are declining overall. It only takes a look back at the abundance that was recorded in the not so distant past and it becomes pretty obvious what we have already lost and the pale situation we are now left with.

This tragedy has taken place relatively slowly, consequently many of our fellow citizens, particularly non-sportsmen, have paid the decline little attention.

There are many factors impacting our salmon to be sure, but it seems the politics and debates over the blame, causes and remedies have all but stalled any real action to save our fish. Salmon numbers have continued to decline and our sport is continually impacted by emergency closures, increased restrictions and reduced take.

One thing that the recovery efforts we’ve witnessed in Texas have shown is that when a community comes together to tackle a problem, a fantastic thing happens. Politics, color, gender and philosophies are set aside and things are taken care of.

Just as a sudden disaster musters the best in us, so must the creeping disaster like the one we are experiencing here, in our own waters. We cannot wait, we cannot hope someone will fix it. We must come together, with a singularity of purpose as a community to put in every effort before we lose everything.

This IS the core of our fight!
To regain our vital role in the fisheries management. To again be the voice of reason and clarity of true conservation and preservation at the negotiation table. Not relying on a “government agency” to represent us, but to represent ourselves. We, as citizen sportsmen have the inherent right and responsibility as a community of single purpose to be part of the solution, not a silent, ignored by-stander outside a locked door!

We want to thank all our supporters, both those that have placed their names boldly on this petition and those that are working hard beside us for being a part of the community who will no longer stand idle and wait for others to do something to save our fish.

Now, more than ever before, we ask you to dig deep. Contact your fellow citizens. Educate them about the situation of our waters, the politics that are preventing our efforts to save our beloved fish and our sport. Reach out to those that cannot see the shadow of disaster that is creeping up to our doorsteps. Ask them to join our fight, to add their voice and to be a part of the solution. They do not need to be sportsmen, they only need to care, and in order to care, they must be informed.

We are the community of action.

In our meetings with the senior leadership of WDFW on Oct. 26th, (see petition update of Nov 5, 2017) we were told that open and transparent meetings in all process’ of the North of Falcon are vital, important and even necessary to trust and cooperation.

We were also told, short of asking the tribes for cooperation in allowing public oversight, there is nothing else WDFW can do. We know through public records and by admission of staff, the Department has repeatedly “asked” the tribes cooperation for years now.

Since they say there are no other options, we asked Director Unsworth and Chair Smith of the Commission to once again send a letter to Chair Loomis, asking her for cooperation in the spirit of building trust so we can move past this friction and start working together to save our fish.

Here is a copy of the letter which the Department says they sent.

November 15, 2017

Lorraine Loomis
Chair, Northwest Indian Fisheries Commission
6730 Martin Way East
Olympia, WA 98516

Dear Chair Loomis:
As I have discussed with you in the past, state constituents continue to request public participation or observation at North of Falcon meetings between the Washington Department of Fish and Wildlife (WDFW) and the Treaty Tribes. We have explained to those constituents repeatedly that federally-recognized tribes are legally sovereign governments, and as such are not subject to the state’s Administrative Procedures or Open Public Meetings Acts. WDFW undertakes our own extensive rule-making and public meetings process each year as part of North of Falcon, to make sure we meet the requirements of state law. In spite of that public process, there is mistrust from some of the public because our state-tribal co-managers meetings are not open to the public. I recognize that the tribes are reluctant to open meetings because of past experiences.

WDFW has raised the idea of allowing more public participation several times, and we continue to be interested in finding a solution agreeable to the tribes. Many of our constituents have expressed the desire to work cooperatively with WDFW and the tribes, but are frustrated that they cannot do so if excluded from our meetings. I am asking you to consider allowing participation by the public during our state-tribal North of Falcon meetings. WDFW’s suggestions to increase public participation include holding a plenary state-tribal meeting with public attendance and/or providing the public with audio or video recordings or broadcasts of the meetings. The simplest approach, and one that has worked in the past, is to allow a select number of observers in our meetings, using mutually agreeable ground rules for their involvement. Please consider trying this approach again or initiating some form of audio or video documentation to help us gain trust with the public.

Thank you for considering my request, and I look forward to working with you through North of Falcon again in 2018.

Sincerely,

James Unsworth, Ph.D.
Director


Although WDFW HAS sent similar letters in the past, they have not resulted in any positive progress. So, we wait. Wait and hope that this time the Tribal Leadership will recognize just how important we, the thousands of citizen sportsmen of Washington State hold open and transparent government and how vital trust and cooperation are to the recovery of our fisheries.

Chair Loomis and our tribal partners, we await your reply.