WDFW allows more tribal hunting on the coast

[fishdog]

Wdfw has secretly agreed to allow expansion of tribal hunting rights to 3 new tribes on the Coast. The GMUs are 602,603, and 607. They did this without consulting anyone. WDFW should not be allowed to make these decisions without outside imput. Please read the following link and get in touch with WDFW.



http://www.quileutenation.org/component/content/article/11-general/106-wdfw-front-page



Here is the write from the Quileute tribe just in case the link doesn't work. I can see why they would be pissed.





The Department of Fish and Wildlife has secretly entered into two agreements that add three outsider tribes to the list of tribal hunters allowed to hunt in the Sol Duc, Dickey, and Pysht Game Management Units (GMUs) numbers 602, 607, and 603. The Department of Fish and Wildlife did not notify anyone that it was negotiating these agreements, including sport hunters, private commercial landowners who issue permits or lease out their land for hunting, and the tribe native to those areas, and with treaty rights to it— the Quileute Tribe.

The Quileute Tribe protested the agreements to Fish and Wildlife because the agreements do not follow the limitations that tribes are supposed to follow. Tribes are not currently allowed to hunt in all areas of the state, and must abide by the limitations of their treaties on where they can hunt. “We told the state that allowing outsiders to hunt in these GMUs would deplete the game, not only for the Tribe, but for everyone,” said Quileute Chairman Tony Foster. “The Tribes and the State are co-managers responsible for conserving the wildlife, and these agreements show a complete lack of respect and disregard for the co-management efforts that have been undertaken on the west side of the Peninsula. The Department completely failed to assess the implications that these agreements would have on the deer and elk populations, by adding potentially hundreds of new hunters to these GMUs.” Chairman Foster added that the flood of new hunters will exacerbate problems already plaguing deer and elk herds on west side of the Peninsula.

You’re probably not aware of these agreements because they were made in complete secrecy with no opportunity for public review. That’s right, there was no opportunity for your voice to be heard on this very important matter. Along with failing to allow for input from anyone besides the outsider tribes, the Department entered into the agreements without the signatory tribes providing any clear evidence that they have treaty rights to hunt in the new areas. State law requires that a full review of anthropological evidence be provided to the Department prior to entering into such agreements. Furthermore, not only were the agreements done in secrecy, they remain in secrecy and are not included on the WDFW public website.

These agreements need to be rescinded while affected parties, tribal and nontribal, have an opportunity to evaluate their legality and their impact to the game, and provide comments to WDFW. Sportsmen, the public and the Quileute Tribe should have their voices heard…….YOU should have your voice heard!

Contact WDFW Director Phil Anderson at (360) 902-2720, Philip.Anderson@dfw.wa.gov, and WDFW Region 6 Regional Director Michele Culver at (360) 249-1211, Michele.Culver@dfw.wa.gov and let them know these secret agreements are unacceptable! Stand up for your rights and prevent the destruction of game on the Peninsula!

[Elkaholic daWg]

 Which  tribes? Why do I get the feeling that gambling $$$ has a hand in this somewhere?

[boneaddict]

Probably wouldn't even have an argument except the fact it impacts another tribe.   

Why would they be worried about the resources depleted?  Does one tribe think the other doesn't go by the same harvest as they do, or are they afraid that it intereferes with their management strategy?    

[huntnphool]

[fishdog]

The real question is whether WDFW has the right to make these decisions without oversight. Remember the Elk reduction they did up on the Skagit recently.

[STIKNSTRINGBOW]

Somebody call the waambulance !
I am a firm believer that only a few "natives" abuse their privilege, but if we (non native) have no jurisdiction, or any control over "treaty rights" then why get upset about tribal issues.
Maybe if a few of those offenders piss off the majority of non offenders, some laws will get passed that will have an effect on the ability to reduce the abuses in other areas of the state.
When it begins to affect their own "privilege"

The Stevens Treaties say that the tribes have a “right” to fish and a “privilege” to hunt. While distinctions have often been made between rights and privileges in other legal contexts, both state and federal courts have determined that the two terms should be construed as equivalent in the context of Indian treaties. The Washington Supreme Court directly addressed this issue in State v. Miller in 1984, when the court held that there cannot be a distinction between the words “right” and “privilege” when interpreting treaties between Indians and the federal government.

Maybe they will take into consideration the impact of off-reservation hunting rights in other areas of the state, and actually start policing their own...
Again, I know it is only a minority that abuses, but with no fear of reprisal, it will not stop.

The courts have created a narrow exception to the general rule that state regulation of tribal treaty hunters is preempted by the treaties. This exception applies in situations where the state is regulating the fishing or hunting of a particular species in order to conserve that species.

That rule in itself allows for restrictions, as according to the WDFW and the state- Conservation means "Wise use" and "controlled hunting" so according to their own verbage, STATE regulation would preempt tribal in game management units.
I think they should just lock the gates, let them walk in if they are going to hunt.
Access fees in Pysht, and the already low harvest in these units should keep most troubles located in areas of high visibility herds, usually located on and near private property.
Washington Supreme Court stated that private property is not “open and unclaimed,” but a tribal hunter may not be convicted unless such private property has outward indications of private ownership observable by a reasonable person.
I bet sales of "No Trespassing" signs go through the roof !

[ucwarden]

This from an agency who professes "transparency".  Time for a new director!

Also; Director Phil Anderson a few months back promoted Lt. Steve Crown to enforcement chief.  Crown had previously supervised one whole commissioned officer, now he supervises them all.  One of Crown's first actions, upon becoming the new chief, was to reinstate Mike Cenci to a deputy chief position, then add yet another new deputy chief position.  Now, he just promoted another buddy, from inside his own office, to the region 4 captain position; Alan Myers (who also has supervised a whopping one single officer in his career).

[Elkaholic daWg]

This from an agency who professes.  Time for a new director!

Also; Director Phil Anderson a few months back promoted Lt. Steve Crown to enforcement chief.  Crown had previously supervised one whole commissioned officer, now he supervises them all.  One of Crown's first actions, upon becoming the new chief, was to reinstate Mike Cenci to a deputy chief position, then add yet another new deputy chief position.  Now, he just promoted another buddy, from inside his own office, to the region 4 captain position; Alan Myers (who also has supervised a whopping one single officer in his career).

 
Seems to be the standard untruth of a "blue" administration ( "transparency")

[Bullkllr]

Certainly the knee jerk reaction to this would be WTH is WDFW up to now?/how could they do this?

Does the WDFW actually have jurisdiction? I'm not sure they have any say at all as far as which tribes hunt where. If so, it's news to me.

[jackmaster]

well i can see this pissing off some very powerful tribes, with lots of money, unless those are the tribes that got permission  its hard for me to be pissed about something like this when crap like this happens to non natives every year, will be real tough for me to shed a tear here, BUT once again who really suffers? the game animals do, thats who, its a common tale, animals are always the ones that really end up getting the short end of the stick.......

[Coastal_native]

I would think this has less to do with WDFW 'allowing' tribes to hunt in certain areas and more to do with an agreement between the state and tribe as to the extent of jurisdiction.  Deciphering the geographical extent of where tribal jurisdiction ends and WDFW jurisdiction begins for tribal hunting can be tricky.  I think they prefer to address these via cooperative agreements as opposed to legal disputes.  The problem is not all tribes agree on jurisdictional boundaries and not all tribes have agreements in place with the WDFW.

[headshot5]

I'd like to know what tribes... 

[Coastal_native]

I'd like to know what tribes...

Me too.  If it's simply tribes from up around the north eastern or eastern edge of the penninsula entering into an agreement to protect their members from being cited by WDFW enforcement, I'm less sympathetic.  If it's south or east puget sound tribes, that's different.

[snowpack]

I'd like to know what tribes...

Port Gamble, Jamestown and Lower Elwha tribes.  But they have some kind of arrangement with other tribes like Skok so they can pretty much hunt from the southern part of 602 up to the straits, then east to kitsap and circle around the peninsula to the Wynoochee or Wishkah, can't remember.  Lower Elwha is in 603 so I don't know the extent of that complaint.  They say it would encourage hundreds of members to hunt those units, but I can only think of a few that actually go to the area they are most upset about. 

[snowpack]

http://www.peninsuladailynews.com/article/20140127/news/301279975/tribal-dispute-arises-over-state-hunting-agreement-for-game