HB 1261 Limiting Enforcement of Hunting Laws Against Tribal Members

[trophyhunt]

If your or we are not getting results, I don't see a reason to just give up.  I think most officers try to get the prosecutor to go through with charges on most people, I wonder if they just don't pursue cases against tribal members because they feel it's pointless.?  I just see no sense if making it any easier for the few bad apples to get away with even more, even though they will most the time anyway.   

[Tbar]

Courts have said that a loaded firearm in a motor vehicle offense (RCW 77.15.460) is a public safety offense, not just a hunting offense. Because of this WDFW Officers can cite tribal members for having a loaded firearm in a motor vehicle.

If this law was to take effect, officers could no longer cite for an offense that the courts have said is okay to do so.

I think this could be a requested amendment (to keep jurisdiction when it's a public safety violation) to the bill.  For one it is reasonable and two it follows current enforcement guidelines outside industrial timberlands on open lands.

[mfswallace]

Courts have said that a loaded firearm in a motor vehicle offense (RCW 77.15.460) is a public safety offense, not just a hunting offense. Because of this WDFW Officers can cite tribal members for having a loaded firearm in a motor vehicle.

If this law was to take effect, officers could no longer cite for an offense that the courts have said is okay to do so.

I think this could be a requested amendment (to keep jurisdiction when it's a public safety violation) to the bill.  For one it is reasonable and two it follows current enforcement guidelines outside industrial timberlands on open lands.

Dump the whole thing before other legal avenues to prosecute violations of law are negated 

[Westside88]

I could be wrong, but it looks like a tribe could enter into an exclusive access agreement with a private timber company and do whatever they wish there.

[trophyhunt]

I could be wrong, but it looks like a tribe could enter into an exclusive access agreement with a private timber company and do whatever they wish there.

that is how I'm reading it.

[Tbar]

I could be wrong, but it looks like a tribe could enter into an exclusive access agreement with a private timber company and do whatever they wish there.

that is how I'm reading it.

The tribes already enter into access agreements, some dating back decades.  There has been much debate on interpretation of Chambers and Timberlands.  This will eliminate that debate.  Even without this bill, in the eyes of most (general populous), the access agreement itself will suffice, this actually changes very little in reality.  That said I think public safety violations should be an added amendment.

[stevemiller]

Thanks for bringing this up BT.Looks like Sawyer is looking out for his instead of all of the people. 

[Elkaholic daWg]

Thanks for bringing this up BT.Looks like Sawyer is looking out for his instead of all of the people. 

Can't argue with that!

[grundy53]

I think this bill would be setting a horrible precedent.

[Skyvalhunter]

Not only no but HELL NO

[Man Tracker]

Proposed bill is flawed in several respects.  Often you get tribal members from different tribes hunting together.  Or you have non-tribal members hunting w/tribal members.  Until changed (even tho sometimes ignored) CHAMBERS is law of the land.  This legislation cause all LEO's issues with folks claiming tribal affiliation (sometimes w/o ID) while hunting on private timberland.  Having an "agreement" on file at a regional office may not make it available to an officer on weekends/holidays.  (How would a deputy/DNR officer know?)  I could go on and on...and yes to the earlier question as to whether or not non-safety violations have been successfully prosecuted against tribal members in violation of 77.15.  We ran about 50/50 during my time afield.

[scudmaster]

To add to this, The Muckleshoots just purchased over 100,000 acres of this forest land last year.  Could this be the motivator to make sure they keep WDFW out.  Makes me wonder.

[DIYARCHERYJUNKIE]

for sure

[Jingles]

One State  Laws apply to all in that state equally.

[bigtex]

The following link is from the committee hearing on this bill:

http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2015010188#start=3707&stop=6363

There was a heated soapbox type argument from Committee Chair Sherry Appleton towards WDFW LE Chief Steve Crown. Appleton basically said WDFW's current policy is racist.

Rep Norm Johnson (Yakima) had his own soapbox moment towards the Puyallup Tribe hunt program manager regarding seasons, limits, and Johnson mentioned the Hanford Monument and Naches feed station incidents.