Prosecuting Attorney Investigating Predator Problem In Stevens County

[bearpaw]

Last week another Stevens County resident had livestock killed by a cougar and WDFW basically did nothing. The Stevens County Prosecutor and the lady were both on the local radio this morning discussing what can be done to stop this negligence by WDFW. The lady said she is especially concerned how the loss of the livestock will affect her young son.

The Stevens County prosecutor said he located a WAC that allows counties to create their own predator response teams to deal with issues. He also saif he contacted the WA State Attorney General and asked what if any law prevents the county from moving forward with some form of control actions. He said the state has not replied back.

There are so many people in this county who are fed up with WDFW's failure to manage dangerous predators. I never imagined WDFW could become so disgusting! My fingers are crossed that the county will finally take action!

[Stein]

Create a sanctuary county where local law enforcement is prevented from assisting with the state, seems to be the trendy thing to do.

[bigtex]

I'd like to know what the WAC is. My guess is it's probably an RCW (law) and not a WAC (regulation.) I did a quick run thru and I can't find anything. Unless it's in the agriculture or some other codes and not in the fish and wildlife codes.

[Stein]

It could be something where that action isn't forbid.  Laws can either expressly allow something or simply allow it by not stating it illegal to do so.  Maybe he found a portion that didn't expressly give WDFW the sole power to manage depredations.

[bearpaw]

I'd like to know what the WAC is. My guess is it's probably an RCW (law) and not a WAC (regulation.) I did a quick run thru and I can't find anything. Unless it's in the agriculture or some other codes and not in the fish and wildlife codes.

I'm sorry, that might be an RCW he quoted on the radio, he said the number, but I didn't have a pencil handy when I heard it. If I hear that on the news again I will try to get the number.

[rainshadow1]

Cougar harvest guidelines are deeply and subversively political. Puget Sound politics, with a much deeper than you’d want to think agenda. Hand in hand with the wolf agenda. Local jurisdictions are going to have to think for themselves at some point.

[Special T]

What radio station/time/program?

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[bigtex]

Oregon passed a law a couple years ago allowing counties to establish predator control districts. Basically a landowner signs up to be a part of the district, provides a fee based on the acreage of their property, and as a result the services of a county trapper is provided to those who signup.

https://www.capitalpress.com/state/oregon/predator-control-districts-mark-first-year/article_6b770781-4ae4-5b84-8ee9-41404c0baee6.html

[pianoman9701]

Boy, the rest of the state sure has abandoned the residents of Stevens County. I'd be arming and hounding up. I hope the sheriff won't allow WDFW LE jurisdiction in his county while his residents clean things up.

[bigtex]

Boy, the rest of the state sure has abandoned the residents of Stevens County. I'd be arming and hounding up. I hope the sheriff won't allow WDFW LE jurisdiction in his county while his residents clean things up.

What's he going to do, arrest WDFW Officers for exercising the authority granted to them under state law? Good luck, even the most anti-fed sheriffs have never done such a move against federal LEOs (even though they always threaten it)

I honestly think the prosecutor has the most power in this. He could start declining to prosecute WDFW cases.

[bearpaw]

What radio station/time/program?

Sent from my SAMSUNG-SM-G930A using Tapatalk

KCVL in Colville, the Prosecutor has a weekly program that he informs the public, it should be on again.

Oregon passed a law a couple years ago allowing counties to establish predator control districts. Basically a landowner signs up to be a part of the district, provides a fee based on the acreage of their property, and as a result the services of a county trapper is provided to those who signup.

https://www.capitalpress.com/state/oregon/predator-control-districts-mark-first-year/article_6b770781-4ae4-5b84-8ee9-41404c0baee6.html

We already have a county agent, he's good too!

Boy, the rest of the state sure has abandoned the residents of Stevens County. I'd be arming and hounding up. I hope the sheriff won't allow WDFW LE jurisdiction in his county while his residents clean things up.

I've had hounds since I was 18, my biggest worry is keeping the wolves away from them when I'm in Colville so I can continue to hunt them in Idaho. Friends of ours had wolves in their pasture again yesterday right in the Colville Valley. The cattle and horses were all bunched up as close to the house as they could get so our friend started looking, sure enough there were two wolves in the far end of the pasture. When the wolves are around the cattle won't even go eat, that is unheard of, horses and cattle that won't eat hay laying in the pasture at feed time.

 

[Mudman]

   Probably see that soon?

[Bango skank]

  Probably see that soon?

What we will likely be seeing soon is so many people dealing with this crap themselves that wdfw enforcement wont be able to keep up.  People are getting very fed up.

[pianoman9701]

Boy, the rest of the state sure has abandoned the residents of Stevens County. I'd be arming and hounding up. I hope the sheriff won't allow WDFW LE jurisdiction in his county while his residents clean things up.

What's he going to do, arrest WDFW Officers for exercising the authority granted to them under state law? Good luck, even the most anti-fed sheriffs have never done such a move against federal LEOs (even though they always threaten it)

I honestly think the prosecutor has the most power in this. He could start declining to prosecute WDFW cases.

You're not saying that the sheriff doesn't have the authority, just that he won't use it, right? And, if the prosecutor won't try cases, couldn't the WDFW just request the court move them to another jurisdiction?

[bigtex]

Boy, the rest of the state sure has abandoned the residents of Stevens County. I'd be arming and hounding up. I hope the sheriff won't allow WDFW LE jurisdiction in his county while his residents clean things up.

What's he going to do, arrest WDFW Officers for exercising the authority granted to them under state law? Good luck, even the most anti-fed sheriffs have never done such a move against federal LEOs (even though they always threaten it)

I honestly think the prosecutor has the most power in this. He could start declining to prosecute WDFW cases.

You're not saying that the sheriff doesn't have the authority, just that he won't use it, right? And, if the prosecutor won't try cases, couldn't the WDFW just request the court move them to another jurisdiction?

He doesn't have the authority. The sheriff can only pull authority from those who he has granted authority to, such as his deputies or any other outside agency he deputizes. WDFW, WSP, etc. aren't deputized by the sheriff and they get their authority from the state.

On the federal side the only thing a sheriff can pull from a federal officer is any county deputization he has given them, so they can still enforce federal laws thru federal courts, they just cant use county courts or arrest for state only violations.

As for the prosecution question they can't get moved to another jurisdiction. Only two things could happen. 1- The AG's office opens an investigation into him to see why he's not prosecuting the cases 2- The AG can prosecute the cases themselves in place of the county prosecutor but this has only been used for largescale complex cases, not Johnny fishing without a license or shooting a buck out of season.

[pianoman9701]

Wolves being such a tourist boost for the state and such a fluffy hugable creature and all (sarc), I could see the moron in charge pushing the AG to take that on.

[bearpaw]

It's on again but I missed getting the whole number, I forgot the last two or three numbers I think it was something like this: RCW 77.15.

The lady is upset that WDFW refuses to do anything to the predator and blames her for not locking up the animals at night in a cougar proof building. They said their family has lived on that land for over 100 years and never had problems until the last few years.

WDFW is failing us!

[Skyvalhunter]

It's not going to get any better my guess.

[Ridgeratt]

Cougar Proof Building.   

[bigtex]

It's on again but I missed getting the whole number, I forgot the last two or three numbers I think it was something like this: RCW 77.15.

Hmm. That's the fish and wildlife enforcement code (laws you can be charged with) and I don't see anything in there establishing the county programs like you mention. And in reality if the law did exist it wouldn't be in 77.15.

Come on Dale get me the full code! 

[bearpaw]

It's on again but I missed getting the whole number, I forgot the last two or three numbers I think it was something like this: RCW 77.15.

Hmm. That's the fish and wildlife enforcement code (laws you can be charged with) and I don't see anything in there establishing the county programs like you mention. And in reality if the law did exist it wouldn't be in 77.15.

Come on Dale get me the full code! 

I'll try to be Johnny on the spot next time it's on! 

[CAMPMEAT]

Boy, the rest of the state sure has abandoned the residents of Stevens County. I'd be arming and hounding up. I hope the sheriff won't allow WDFW LE jurisdiction in his county while his residents clean things up.

What's he going to do, arrest WDFW Officers for exercising the authority granted to them under state law? Good luck, even the most anti-fed sheriffs have never done such a move against federal LEOs (even though they always threaten it)

I honestly think the prosecutor has the most power in this. He could start declining to prosecute WDFW cases.

Since when does the federal agencies have more rights than Joe Public for being arrested by the elected Sheriff of a county who has the ultimate authority to arrest a federal appointed LEO ? I think it's more of a courtesy thing more than anything else. Can you provide the proof they are not allowed to arrest a federal anybody ?

[Special T]

Some one just call the procecutor!

Sent from my SAMSUNG-SM-G930A using Tapatalk

[bigtex]

Boy, the rest of the state sure has abandoned the residents of Stevens County. I'd be arming and hounding up. I hope the sheriff won't allow WDFW LE jurisdiction in his county while his residents clean things up.

What's he going to do, arrest WDFW Officers for exercising the authority granted to them under state law? Good luck, even the most anti-fed sheriffs have never done such a move against federal LEOs (even though they always threaten it)

I honestly think the prosecutor has the most power in this. He could start declining to prosecute WDFW cases.

Since when does the federal agencies have more rights than Joe Public for being arrested by the elected Sheriff of a county who has the ultimate authority to arrest a federal appointed LEO ? I think it's more of a courtesy thing more than anything else. Can you provide the proof they are not allowed to arrest a federal anybody ?

Some sheriff's have stated they will arrest a federal LEO for enforcing certain laws, typically those which are not liked in the area such as off road closures. A sheriff will come out and say if the BLM/USFS enforce this closure I will arrest them! Well under what authority? What law is the federal LEO breaking? It's Congress and the President which have approved the laws that enacted that closure, just like it's the legislature and governor which have approved the laws that enact our hunting and fishing seasons. It's all political showboating, in fact it's actually illegal to prevent a federal employee from carrying out their duties, doesn't matter if its a federal LEO or federal maintenance employee picking up garbage. Which is probably why no sheriff has ever acted on their threat

[pianoman9701]

I'm not sure I understand. If the FBI is operating within Stevens Co., don't they have to check in with the sheriff to perform their duties? I thought that any LE has to answer to the Sheriff in his county in WA because he's the only one elected by a vote of the people. The others are appointed.

[bigtex]

I'm not sure I understand. If the FBI is operating within Stevens Co., don't they have to check in with the sheriff to perform their duties? I thought that any LE has to answer to the Sheriff in his county in WA because he's the only one elected by a vote of the people. The others are appointed.

No.

Some sheriff's claim that since they are the only ones elected then everyone must answer to them. But SCOTUS has consistently ruled that's not the case. City, state, federal, tribal agencies do not answer to the sheriff. The only time they do is if they want county authority. So if a DNR Officer (which under state law only has authority on DNR lands) wants authority off DNR lands the sheriff can deputize him. If the DNR Officer pisses him off then the sheriff can pull that authority and he would be stuck to just enforcing laws on DNR land.

About 25 sheriff's in WA deputize DNR Officers, 14 don't. So in 25 counties DNR Officers can pull you over on main street, and in 14 they can't and can only work DNR lands.

In Utah no sheriff's deputize BLM Rangers, so they can't arrest/cite anyone into state court but they can into federal court. Some sheriffs in Utah deputize USFS LEOs, so those LEOs can cite/arrest individuals into state or federal court.

[pianoman9701]

Understood and thanks for the clarification. I wish it were my way, though. Seems more democratic.

[CAMPMEAT]

I'm not sure I understand. If the FBI is operating within Stevens Co., don't they have to check in with the sheriff to perform their duties? I thought that any LE has to answer to the Sheriff in his county in WA because he's the only one elected by a vote of the people. The others are appointed.

No.

Some sheriff's claim that since they are the only ones elected then everyone must answer to them. But SCOTUS has consistently ruled that's not the case. City, state, federal, tribal agencies do not answer to the sheriff. The only time they do is if they want county authority. So if a DNR Officer (which under state law only has authority on DNR lands) wants authority off DNR lands the sheriff can deputize him. If the DNR Officer pisses him off then the sheriff can pull that authority and he would be stuck to just enforcing laws on DNR land.

About 25 sheriff's in WA deputize DNR Officers, 14 don't. So in 25 counties DNR Officers can pull you over on main street, and in 14 they can't and can only work DNR lands.

In Utah no sheriff's deputize BLM Rangers, so they can't arrest/cite anyone into state court but they can into federal court. Some sheriffs in Utah deputize USFS LEOs, so those LEOs can cite/arrest individuals into state or federal court.

All the Border Patrol Agents I know in and around Ferry and Stevens Counties are deputized.

What I've read states, the Sheriff has the authority to arrest a Federal Agent is why I was asking..

[bigtex]

I'm not sure I understand. If the FBI is operating within Stevens Co., don't they have to check in with the sheriff to perform their duties? I thought that any LE has to answer to the Sheriff in his county in WA because he's the only one elected by a vote of the people. The others are appointed.

No.

Some sheriff's claim that since they are the only ones elected then everyone must answer to them. But SCOTUS has consistently ruled that's not the case. City, state, federal, tribal agencies do not answer to the sheriff. The only time they do is if they want county authority. So if a DNR Officer (which under state law only has authority on DNR lands) wants authority off DNR lands the sheriff can deputize him. If the DNR Officer pisses him off then the sheriff can pull that authority and he would be stuck to just enforcing laws on DNR land.

About 25 sheriff's in WA deputize DNR Officers, 14 don't. So in 25 counties DNR Officers can pull you over on main street, and in 14 they can't and can only work DNR lands.

In Utah no sheriff's deputize BLM Rangers, so they can't arrest/cite anyone into state court but they can into federal court. Some sheriffs in Utah deputize USFS LEOs, so those LEOs can cite/arrest individuals into state or federal court.

All the Border Patrol Agents I know in and around Ferry and Stevens Counties are deputized.

I know Ferry & Okanogan have historically deputized USFS.

It really helps both agencies. If the county gets a 911 call of a domestic assault occurring and the deputies are 30 minutes away but a federal LEO who is deputized is 5 minutes the federal LEO could handle the call. But if that federal LEO isn't deputized he can't do anything since a domestic assault isn't a federal crime.

[bigtex]

Understood and thanks for the clarification. I wish it were my way, though. Seems more democratic.

Think about the mess.

The current Franklin County Sheriff has decided to not deputize any agencies. So does that mean all state officers (WDFW, WSP, etc.) city officers, etc. should move out of Franklin County? Who then does all the traffic enforcement? Fish and wildlife enforcement? Polices the cities?

The King County Sheriff for several different sheriff's had the same policy. Would WSP, WDFW, Liquor Control, State Parks, and all cities just move out and the sheriff would handle it all? Of course not.

I agree that it would allow for more "local control" especially regarding local issues but it's not how it works in any state.

[CAMPMEAT]

I'm not sure I understand. If the FBI is operating within Stevens Co., don't they have to check in with the sheriff to perform their duties? I thought that any LE has to answer to the Sheriff in his county in WA because he's the only one elected by a vote of the people. The others are appointed.

No.

Some sheriff's claim that since they are the only ones elected then everyone must answer to them. But SCOTUS has consistently ruled that's not the case. City, state, federal, tribal agencies do not answer to the sheriff. The only time they do is if they want county authority. So if a DNR Officer (which under state law only has authority on DNR lands) wants authority off DNR lands the sheriff can deputize him. If the DNR Officer pisses him off then the sheriff can pull that authority and he would be stuck to just enforcing laws on DNR land.

About 25 sheriff's in WA deputize DNR Officers, 14 don't. So in 25 counties DNR Officers can pull you over on main street, and in 14 they can't and can only work DNR lands.

In Utah no sheriff's deputize BLM Rangers, so they can't arrest/cite anyone into state court but they can into federal court. Some sheriffs in Utah deputize USFS LEOs, so those LEOs can cite/arrest individuals into state or federal court.

All the Border Patrol Agents I know in and around Ferry and Stevens Counties are deputized.

I know Ferry & Okanogan have historically deputized USFS.

It really helps both agencies. If the county gets a 911 call of a domestic assault occurring and the deputies are 30 minutes away but a federal LEO who is deputized is 5 minutes the federal LEO could handle the call. But if that federal LEO isn't deputized he can't do anything since a domestic assault isn't a federal crime.

Ferry County actually had a USFS LEO from California, right out of school for biology. He wanted a government job. He took the job sight unseen. He was single, not good in Ferry County, and worked there for a couple years, then left. To this day, he was never replaced as far as I know.

[bigtex]

I'm not sure I understand. If the FBI is operating within Stevens Co., don't they have to check in with the sheriff to perform their duties? I thought that any LE has to answer to the Sheriff in his county in WA because he's the only one elected by a vote of the people. The others are appointed.

No.

Some sheriff's claim that since they are the only ones elected then everyone must answer to them. But SCOTUS has consistently ruled that's not the case. City, state, federal, tribal agencies do not answer to the sheriff. The only time they do is if they want county authority. So if a DNR Officer (which under state law only has authority on DNR lands) wants authority off DNR lands the sheriff can deputize him. If the DNR Officer pisses him off then the sheriff can pull that authority and he would be stuck to just enforcing laws on DNR land.

About 25 sheriff's in WA deputize DNR Officers, 14 don't. So in 25 counties DNR Officers can pull you over on main street, and in 14 they can't and can only work DNR lands.

In Utah no sheriff's deputize BLM Rangers, so they can't arrest/cite anyone into state court but they can into federal court. Some sheriffs in Utah deputize USFS LEOs, so those LEOs can cite/arrest individuals into state or federal court.

All the Border Patrol Agents I know in and around Ferry and Stevens Counties are deputized.

I know Ferry & Okanogan have historically deputized USFS.

It really helps both agencies. If the county gets a 911 call of a domestic assault occurring and the deputies are 30 minutes away but a federal LEO who is deputized is 5 minutes the federal LEO could handle the call. But if that federal LEO isn't deputized he can't do anything since a domestic assault isn't a federal crime.

Ferry County actually had a USFS LEO from California, right out of school for biology. He wanted a government job. He took the job sight unseen. He was single, not good in Ferry County, and worked there for a couple years, then left. To this day, he was never replaced as far as I know.

I've met him. He actually worked as a game warden for the Dept of Defense in between school and USFS. He went on to the USFWS and they canned him.

[CAMPMEAT]

I'm not sure I understand. If the FBI is operating within Stevens Co., don't they have to check in with the sheriff to perform their duties? I thought that any LE has to answer to the Sheriff in his county in WA because he's the only one elected by a vote of the people. The others are appointed.

No.

Some sheriff's claim that since they are the only ones elected then everyone must answer to them. But SCOTUS has consistently ruled that's not the case. City, state, federal, tribal agencies do not answer to the sheriff. The only time they do is if they want county authority. So if a DNR Officer (which under state law only has authority on DNR lands) wants authority off DNR lands the sheriff can deputize him. If the DNR Officer pisses him off then the sheriff can pull that authority and he would be stuck to just enforcing laws on DNR land.

About 25 sheriff's in WA deputize DNR Officers, 14 don't. So in 25 counties DNR Officers can pull you over on main street, and in 14 they can't and can only work DNR lands.

In Utah no sheriff's deputize BLM Rangers, so they can't arrest/cite anyone into state court but they can into federal court. Some sheriffs in Utah deputize USFS LEOs, so those LEOs can cite/arrest individuals into state or federal court.

All the Border Patrol Agents I know in and around Ferry and Stevens Counties are deputized.

I know Ferry & Okanogan have historically deputized USFS.

It really helps both agencies. If the county gets a 911 call of a domestic assault occurring and the deputies are 30 minutes away but a federal LEO who is deputized is 5 minutes the federal LEO could handle the call. But if that federal LEO isn't deputized he can't do anything since a domestic assault isn't a federal crime.

Ferry County actually had a USFS LEO from California, right out of school for biology. He wanted a government job. He took the job sight unseen. He was single, not good in Ferry County, and worked there for a couple years, then left. To this day, he was never replaced as far as I know.

I've met him. He actually worked as a game warden for the Dept of Defense in between school and USFS. He went on to the USFWS and they canned him.

The rumor was that he took a job back in Cali. He was a weirdish guy in a way. He tried being sneaky with people who lived there all their lives and knew all the roads and hiding spots. Not many liked him. I tried getting him into long-range shooting, be he always had an excuse, so I gave up on him.