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Author Topic: WDFW allows more tribal hunting on the coast  (Read 17069 times)

Offline pianoman9701

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Re: WDFW allows more tribal hunting on the coast
« Reply #15 on: February 10, 2014, 12:02:46 PM »
Dear Director Anderson and Regional Director Culver,

Can you please tell me if there's any truth to this report from the Quileute Nation's newspaper and if so, which tribes are involved in the expansion of tribal hunting rights and access on the peninsula. Read here: http://www.quileutenation.org/component/content/article/11-general/106-wdfw-front-page

I've read nothing about this in the flashes I receive from you guys and I've seen nothing legislatively that includes this. If the report is true, please cite the treaty or state legislation that required or authorized this expansion, or the reason that it was dictated by sound game management principles. Thanks very much for your help with this.
John W.
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Offline fishdog

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Re: WDFW allows more tribal hunting on the coast
« Reply #16 on: February 10, 2014, 01:23:54 PM »
From the Penninsula News article

"Anderson said he expects the agreement will result in 15-25 more hunters in the three game management units."



So the questions are. How many of those hunters will be hunting for multiple families? How many of the harvested animals will be cows?

2012 elk harvest totals for the 3 GMUs. Total for the units is 81 bulls. This is non native hunting. Would be interesting to know tribal harvest in the 3 GMUs in 2012. Then we could see if the resource can handle the added harvest. Would also be interesting to know what WDFW expected the 3 tribes to harvest.

602 - DICKEY - PMU 66
Archery   0   7   7   0   0   3   1   0   3   43   16.3%   191   27.3
Modern Firearms   0   11   11   0   0   0   8   1   2   212   5.2%   866   78.7
Multiple Weapons   0   0   0   0   0   0   0   0   0   1   0%   6   0
Muzzleloader   0   9   9   0   0   0   4   5   0   69   13%   288   32
TOTALS   0   27   27   0   0   3   13   6   5   n/a   n/a   n/a   n/a
603 - PYSHT - PMU 66
Archery   0   0   0   0   0   0   0   0   0   37   0%   223   0
Modern Firearms   0   7   7   0   0   0   3   1   3   79   8.9%   299   42.7
Multiple Weapons   0   1   1   0   0   0   0   1   0   1   100%   1   1
Muzzleloader   0   6   6   0   0   0   3   3   0   27   22.2%   105   17.5
TOTALS   0   14   14   0   0   0   6   5   3   n/a   n/a   n/a   n/a
607 - SOL DUC - PMU 65
Archery   0   8   8   0   0   3   0   3   2   62   12.9%   345   43.1
Modern Firearms   0   9   9   0   0   1   6   0   2   219   4.1%   922   102.4
Multiple Weapons   0   2   2   0   0   0   1   0   1   4   50%   18   9
Muzzleloader   0   21   21   0   0   3   5   11   2   127   16.5%   523   24.9
TOTALS   0   40   40   0   0   7   12   14   7   n/a   n/a   n/a   n/a




Offline bobcat

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Re: WDFW allows more tribal hunting on the coast
« Reply #17 on: February 10, 2014, 01:31:40 PM »
They might as well shut down all those units to non-tribal elk harvest. Let the Indians and, in the future, the wolves, have them all.   :rolleyes:

Offline snowpack

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Re: WDFW allows more tribal hunting on the coast
« Reply #18 on: February 10, 2014, 01:38:27 PM »
From the Penninsula News article

"Anderson said he expects the agreement will result in 15-25 more hunters in the three game management units."



So the questions are. How many of those hunters will be hunting for multiple families? How many of the harvested animals will be cows?

2012 elk harvest totals for the 3 GMUs. Total for the units is 81 bulls. This is non native hunting. Would be interesting to know tribal harvest in the 3 GMUs in 2012. Then we could see if the resource can handle the added harvest. Would also be interesting to know what WDFW expected the 3 tribes to harvest.

602 - DICKEY - PMU 66
Archery   0   7   7   0   0   3   1   0   3   43   16.3%   191   27.3
Modern Firearms   0   11   11   0   0   0   8   1   2   212   5.2%   866   78.7
Multiple Weapons   0   0   0   0   0   0   0   0   0   1   0%   6   0
Muzzleloader   0   9   9   0   0   0   4   5   0   69   13%   288   32
TOTALS   0   27   27   0   0   3   13   6   5   n/a   n/a   n/a   n/a
603 - PYSHT - PMU 66
Archery   0   0   0   0   0   0   0   0   0   37   0%   223   0
Modern Firearms   0   7   7   0   0   0   3   1   3   79   8.9%   299   42.7
Multiple Weapons   0   1   1   0   0   0   0   1   0   1   100%   1   1
Muzzleloader   0   6   6   0   0   0   3   3   0   27   22.2%   105   17.5
TOTALS   0   14   14   0   0   0   6   5   3   n/a   n/a   n/a   n/a
607 - SOL DUC - PMU 65
Archery   0   8   8   0   0   3   0   3   2   62   12.9%   345   43.1
Modern Firearms   0   9   9   0   0   1   6   0   2   219   4.1%   922   102.4
Multiple Weapons   0   2   2   0   0   0   1   0   1   4   50%   18   9
Muzzleloader   0   21   21   0   0   3   5   11   2   127   16.5%   523   24.9
TOTALS   0   40   40   0   0   7   12   14   7   n/a   n/a   n/a   n/a

have you contacted their tribal resources office for information on their regs?  Last time I saw them they could not shoot cows.  Under the cooperative management with WDFW, only cows taken on the peninsula are supposed to be the ones causing problems in fields over in Sequim.  They can shoot spikes and two points.
As for hunting for other families, I've heard they can't transfer tags like that.  They only get one elk tag per hunter and can't shoot for others. 
Think they can also hunt in 601, but seems there is no complaint mentioned there.

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Re: WDFW allows more tribal hunting on the coast
« Reply #19 on: February 10, 2014, 01:41:21 PM »
Blue Ribbon Coalition
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Go DaWgs!!

Offline 6x6in6

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Re: WDFW allows more tribal hunting on the coast
« Reply #20 on: February 10, 2014, 03:56:26 PM »

http://www.jamestowntribe.org/govdocs/gov_treaty.htm

 Now I see fishing specifically mentioned but where am I missing hunting?
Article 4 in the link.
And the Boldt "decision" clarified it too.

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Re: WDFW allows more tribal hunting on the coast
« Reply #21 on: February 10, 2014, 03:57:58 PM »
Dear Director Anderson and Regional Director Culver,

Can you please tell me if there's any truth to this report from the Quileute Nation's newspaper and if so, which tribes are involved in the expansion of tribal hunting rights and access on the peninsula. Read here: http://www.quileutenation.org/component/content/article/11-general/106-wdfw-front-page

I've read nothing about this in the flashes I receive from you guys and I've seen nothing legislatively that includes this. If the report is true, please cite the treaty or state legislation that required or authorized this expansion, or the reason that it was dictated by sound game management principles. Thanks very much for your help with this.
John W.

Good work P-man!
Look forward to hearing the response.

Offline YoterHunter

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Re: WDFW allows more tribal hunting on the coast
« Reply #22 on: February 10, 2014, 04:18:18 PM »
Remember folks the tribes set the rules. Our game department just agree's with them. At our exspens. :twocents:

Offline sled

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Re: WDFW allows more tribal hunting on the coast
« Reply #23 on: February 10, 2014, 04:35:31 PM »
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"
Quote
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.
Quote
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 !
  Anyone Who Shoots More Than One Animal A Year Is Abusing Their Rights, Except Of Course Damage Control Areas Where There Are Problems.
  I Doubt Any Of Those Areas Have problems :twocents: :rolleyes:

Offline washingtonmuley

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Re: WDFW allows more tribal hunting on the coast
« Reply #24 on: February 10, 2014, 04:41:36 PM »
Total frickin *censored*!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Offline trophyhunt

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Re: WDFW allows more tribal hunting on the coast
« Reply #25 on: February 10, 2014, 04:45:10 PM »
Remember folks the tribes set the rules. Our game department just agree's with them. At our exspens. :twocents:
no kidding!  I was gonna say, like wdfw can tell the tribes what they can and can't do!! What a joke.  The tribes are why the dickey went to over the counter back in 1999, which I'm glad the state put it OTC since the tribes have their way with the unit.
“In common with”..... not so much!!

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Re: WDFW allows more tribal hunting on the coast
« Reply #26 on: February 10, 2014, 04:47:30 PM »
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"
Quote
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.
Quote
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 !
  Anyone Who Shoots More Than One Animal A Year Is Abusing Their Rights, Except Of Course Damage Control Areas Where There Are Problems.
  I Doubt Any Of Those Areas Have problems :twocents: :rolleyes:

More than one of the same species I'm assuming you meant? Otherwise I see a lot of abuse on here. :dunno: :chuckle:
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Offline Bullkllr

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Re: WDFW allows more tribal hunting on the coast
« Reply #27 on: February 10, 2014, 04:58:53 PM »
Remember folks the tribes set the rules. Our game department just agree's with them. At our exspens. :twocents:

Agreed.

So what basically happened if I understand it, is that the Port Gamble, Jamestown and Lower Elwha Tribes wanted to expand their hunting territory. The WDFW agreed to not prosecute members of those tribes who hunt in those areas. Problem was they did it without the acknowledgement of the Quileute Tribe?

It would likely have never been questioned anyway. WDFW is not in charge here.

I see this as much more of a tribe/tribe issue. Perhaps the state should have stayed out of it until the tribes reached an agreement. I have to imagine that issues like this have very little to do with the WDFW, even the director and regional director. I can only conclude Phil Anderson did not write this policy; it had to come from higher up. And with the way treaty interpretations are handled on the federal level, and the way our state conducts business with the tribes, it should surprise no one.

Will any good come from this? No, not for the animals, not for most hunters, certainly not for the Quileutes. Want evidence for why it happened? Quileute tribe doesn't have a casino.
« Last Edit: February 10, 2014, 05:08:57 PM by Bullkllr »
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Offline bigtex

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Re: WDFW allows more tribal hunting on the coast
« Reply #28 on: February 10, 2014, 05:10:03 PM »
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).
Do you think a reason Myers got the job is because not many people applied? I know WDFW had to advertise the Captains position twice before making the decision, I'm not aware of any other Lt/Captain position they had to advertise twice before filling it. Myers has only been a Lt since last August...

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Re: WDFW allows more tribal hunting on the coast
« Reply #29 on: February 10, 2014, 05:42:03 PM »
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"
Quote
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.
Quote
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 !
  Anyone Who Shoots More Than One Animal A Year Is Abusing Their Rights, Except Of Course Damage Control Areas Where There Are Problems.
  I Doubt Any Of Those Areas Have problems :twocents: :rolleyes:

More than one of the same species I'm assuming you meant? Otherwise I see a lot of abuse on here. :dunno: :chuckle:
Yes!

 


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