Wildlife officials wrong to ticket tribal fisherman, high court rules

[Bob33]

http://seattletimes.nwsource.com/html/localnews/2017470296_supremecourt10.html?prmid=4748

 OLYMPIA — In a ruling issued Thursday morning, the state Supreme Court determined that state wildlife authorities had no right to give a Yakama fisherman a ticket for catching undersized fish with a net at a tribal fishing site.

In a 6-3 decision, the state's highest court said that the state had no jurisdiction when it issued a citation to Lester Ray Jim, an enrolled Yakama, at the Maryhill Treaty Fishing Access Site on the Columbia River.

On June 25, 2008, state Department of Fish and Wildlife officers gave Jim a ticket for unlawfully retaining five undersized sturgeon and unlawful use of a net at Maryhill. Jim told officers he planned to release the sturgeon back into the river after bringing them onto shore, a common practice among tribal fishermen.

The sturgeon, which can survive out of water for several hours, were released back into the river.

Tribal law allows Yakama members a reasonable opportunity to release alive any sturgeon of prohibited length incidentally caught in authorized fisheries.

The fishing site where the incident occurred is one of several established by the U.S. Congress in 1988 to make up for traditional fishing grounds flooded by Columbia River dams.

Jim appealed in Klickitat County District Court, which dismissed the citation. Klickitat County Superior Court then overturned the dismissal, saying the state indeed had jurisdiction anywhere except within reservation boundaries.

Jim appealed again, this time to the State Court of Appeals, which ruled in his favor. The state then appealed to the Supreme Court.
 

[pianoman9701]

It sounds to me like the WDFW guy got over-zealous, especially if he could have waited to see if the guy was going to release the fish. If they're allowed to net fish there and he would have released, he shouldn't have been bothered.

Whether or not we agree with the netting of these fish by Native people is another discussion. I think the ruling was probably just.

[PlateauNDN]

This was announced yesterday at our General Council and the WDFW Officer should have turned the case over to the proper jurisdiction (Yakama Nation Game Wardens) and they would have handled the situation accordingly per Tribal Law since the WDFW has no jurisdiction over Tribal Members while exercising their Treaty Rigths and could've saved the State a lot of time and money that could've been spent better somewhere else.

I was going to post it but I didn't want anybody to get the impression I was rubbing it in anyones faces so I didn't.

[pianoman9701]

c'mon Plat, you know you like rubbing people's noses! Sorry, that's Inuits. Never mind! 

[PlateauNDN]

c'mon Plat, you know you like rubbing people's noses! Sorry, that's Inuits. Never mind! 

Wrong region   eh?  I'll rub noses as long as it's with a hot looking Inuit!

[HairTrigger]

Its common for them to watch an approach the fishremen when they get to a landing and go look in the boat, and see whats in there, then if they see something in question will go from.there and the sturgeon are usually put back in the water after unloading the boat, but seems the warden wanted to test it so he did, and lost I know first hand how this goes never been ticketed though? They are always testing what to see what happens.

[Mike450r]

Now this becomes what they call "case law".  If another tribal member gets that same citation all he/she needs to do is cite Lester Ray Jim V. Wa. State to get it dismissed.

There are thousands of examples of case law in Washington, any time a person or the state wins an appelate court case it basically adds to the RCW's that applied to the case.  You won't find them in the RCW's but they can sure come in handy.

This is why the state will cave in many times as it is better to let one case go at the lower level rather than have exceptions to the RCW for everybody.

There was a bear baiting case years ago that went in favor of the hunters at the superior (county) court level, the state could have appealed but if they would have lost on appeal everybody would been allowed to bait again so they just took the loss.

[PlateauNDN]

Now this becomes what they call "case law".  If another tribal member gets that same citation all he/she needs to do is cite Lester Ray Jim V. Wa. State to get it dismissed.

There are thousands of examples of case law in Washington, any time a person or the state wins an appelate court case it basically adds to the RCW's that applied to the case.  You won't find them in the RCW's but they can sure come in handy.

This is why the state will cave in many times as it is better to let one case go at the lower level rather than have exceptions to the RCW for everybody.

There was a bear baiting case years ago that went in favor of the hunters at the superior (county) court level, the state could have appealed but if they would have lost on appeal everybody would been allowed to bait again so they just took the loss.

There were other court cases prior to this one as I stated earlier and not just fishing issues but hunting, land issues and right-of-way cases etc. etc. etc.  WDFW didn't want to accept that their officer was wrong in his approach and so they continued to fight even though they already knew they were going to continue to lose.

The officers I've encountered knew they didn't have jurisdiction and were courteous and curious at the same time within the exception of one that could not except that he was not going to find anything wrong but kept searching any ways and afterwards went on his way.  Wasn't rude or offensive, just trying to find something and even IF, which he wouldn't have with me, IF he did find something with me I know my rights and would've contacted the Tribal Police myself if he wanted to be an a$$hole and waste time and money on his behalf.

[HairTrigger]

You guys can't bait? Huh news to me, we don't hunt bears an there's hellva lot in the closed area, an why can't you use dogs to tree? There's ALOT UP THERE TOO!!

[PlateauNDN]

I've seen and almost hit quite a few bears along the N.B. over the last few years and most of them were huge.

[Sitka_Blacktail]

Would make sense to move undersized sturgeon away from the net before releasing them, especially a set net. Less chance of them getting tangled up  right  away again in the net.

[BOWHUNTER45]

what ever happened to ...THIS LAND IS YOUR LAND , THIS LAND IS MY LAND  I think I am going nuts BEWARE !!!!

[Gringo31]

the WDFW Officer should have turned the case over to the proper jurisdiction (Yakama Nation Game Wardens) and they would have handled the situation accordingly per Tribal Law

I think that is probably the right answer......I'm curious if the Yak Nation Wardens have made a move of their own now? 

[buckhorn2]

Maybe right but also maybe wrong as I myself have seen in aberdeen a pickup full of undersize sturgeon being packed into a gun shop to give them away they could;nt sell them but could barter with them. Talked to a national marine officer he said he thaught that doing that was good PR work and we asked after he gives away undersize fish to a non-indian what happens if he gets checked. People don;t have to wonder where the sturgeon went in the river here they went the way of the buffalo and it was;nt us this time. Enforcement for regulations should be inforced by all fish and game officers in my opinion no more you can;t touch me.

[Houndhunter]

I guess that's why we don't see sturgeon in the Chehalis anymore...

[Gringo31]

I don't see this as an issue as long as the tribal fish cops went after this guy and he was punished.  If nothing happened......then it is all smoke and mirrors.

[Gringo31]

The crickets are deafening 

[buckhorn2]

 I hope you are right in that the tribal officer did his job. I just feel that if a law is broken no matter if it;s  fishing or hunting that any officer of the law should be able to inforce the law. Where I live if you are speeding or if there is a game violation the reservation cops are there and ticket non indians so why is it  that our wardens cannot give tickets to tribal people it;s another they can we can;t issue but the laws were made for all people and should be able to be inforced by all inforcement .

[bigtex]

Where I live if you are speeding or if there is a game violation the reservation cops are there and ticket non indians

The only way tribal officers can cite/arrest non-tribal members on/off reservation is if they are commissioned (deputized) by the county sheriff.

Off the top of my head I know Colville Tribal Police are commissioned by both Okanogan and Ferry counties. Tulalip by Snohomish County. The police department for the Muckleshoot and Snoqualmie tribes are actually King County Sheriff Deputies that the tribes pay for so obviously they can cite/arrest anybody they want. I am sure there are other tribes who have been given this authority I just don't know of it.

[Gringo31]

I'm going to keep bumping this until someone tells me that this was/is being ignored by tribal wardens or that the tribe actually did something about it.....

[JLS]

The way I read it, he was not in violation of tribal law.  I may be mistaken?

[Gringo31]

I suppose I'm thinking what I am because of this statement

This was announced yesterday at our General Council and the WDFW Officer should have turned the case over to the proper jurisdiction (Yakama Nation Game Wardens) and they would have handled the situation accordingly per Tribal Law since the WDFW has no jurisdiction over Tribal Members while exercising their Treaty Rigths and could've saved the State a lot of time and money that could've been spent better somewhere else.

[PlateauNDN]

I suppose I'm thinking what I am because of this statement

This was announced yesterday at our General Council and the WDFW Officer should have turned the case over to the proper jurisdiction (Yakama Nation Game Wardens) and they would have handled the situation accordingly per Tribal Law since the WDFW has no jurisdiction over Tribal Members while exercising their Treaty Rigths and could've saved the State a lot of time and money that could've been spent better somewhere else.

No, because he released the sturgeon from the shore and per Our Law that is permissible.  No law violated, No foul. 

[Gringo31]

That is sufficient for me.

Thanks Plat.

[h2ofowlr]

I have watched this happen many times near the wind river.  I have watched the indian boats returning to the launch dumping sturgeon over the side as they are picking through the fish.  The last two years we have watched the fish either floating or laying on the bottom depending on depth.  I am sure they only did it as they were going to the launch.  Otherwise it would have been a different story. 
I think the mentality become norm for most that they do what they want and it becomes legal in there minds as everything seems to fly as there is virtually no consequence for anything anymore.
We have talked to the tribal GW at the boat launch several times and he could care less what we have to say.  If the WDFW guy had turned the case over to the Yakima GW, nothing would have happened, probably related.
It's a joke what they get away on the CR.  The other joke is how many fish they report that they catch.  That is another story for another day.  It is slowly reverting to the days of no laws.

[PlateauNDN]

So you say h2o, when I worked there we practically lived down at the river and the boat never touched dry land til well after the seasons were over.  I can say most of the families down there are very territorial and if you venture into their family plot or are doing something illegal we were first to know asap.  But then again who would know better than somebody that worked for the Tribal PD for many years than you right, not me.

[biggdogg]

We is it the yakamas always get the short end of the stick when it comes to fishing the columbia river, who r first one to clean out the lower river, who always catches more fish then us the sportsmen. I think the tribe needs to step up and start getting the share of the fish we are allowed to catch. U can look at the numbers every year and see who catches the most fish, and who gets shut off everyone fishing above the bonneville dam, and i do agree our tribal game wardens need to start cleaning house on yakamas partying and doing dumb sh*t on the river.

[PlateauNDN]

Got a point there bigdogg and it is not just us the Yakamas that have access to fish the Columbia.  There are other Tribes that fish down there as well, from Oregon.

[HairTrigger]

We is it the yakamas always get the short end of the stick when it comes to fishing the columbia river, who r first one to clean out the lower river, who always catches more fish then us the sportsmen. I think the tribe needs to step up and start getting the share of the fish we are allowed to catch. U can look at the numbers every year and see who catches the most fish, and who gets shut off everyone fishing above the bonneville dam, and i do agree our tribal game wardens need to start cleaning house on yakamas partying and doing dumb sh*t on the river.

yup all the commercial fishermen below the dam before they even get there need to be more regs or stopped never see any of there reports on there catches

[biggdogg]

Plat I disagree with thr rights the other tribes have on that river they r all sell outs sold all their fishing and hunting rights, i always call them piggy back tribes lets do what the yakamas do.

[PlateauNDN]

Igdogg, I didn't say or acknowledge any other rights and Idont agree either with some of the other Tribes down there fishing and such.  I had a really good talk with quite a few Council Members regarding the fishing and hunting issues at the River and Ceded Areas with other Tribes and I'm in agreement with them that we don't need to be apart of CRITFC because we have our own laws and regulations and a strong Treaty to back our Rights.

[biggdogg]

I'm down there from April to August chasing the fish from bonneville to icicle the tribe really needs to clean up that river too much drinking and drugging going on. What it really comes down to is being able to arrest family members. If the the tribe is not going to step up and clean up the river i would have no problem inter tribal game wardens taking control, or state game wardens what ever it takes to get the job done.

[h2ofowlr]

Which tribe(s) are the ones that fish the Wind River?  You will see them back there trucks down on the boat ramp and fill the 4x4 fish totes.  Last year it seemed they would wait until just after dark, when most of the fisherman had already pulled out.  I went down to talk to the guys that were loading the fish.  They were not to appreciative that I was there talking to them or watching what they were doing.  Same interesting stuff also happens right above Shepherd falls.  When the NA can walk across the high bridge in which I would get a $500 fine for crossing and throw treble hooks and snag the hell out of the salmon just beneath the fish ladder.  Don’t know which tribes are which down there.  As well as on the river.  All I know is there is nets strung across the CR above Bonneville dam every several hundred yards clear up past Drano and all you hear about is the need to remove dams because they are killing our salmon runs.  Maybe the hundred of nets commercial and NA play a big part in it.  Keep the damns!

[biggdogg]

Trust me those several hundred nets don't catch fish like u think they do I was a fish buyer last year i know first hand. It's just like fishing anywhere else everybody has their own honey hole, except with gill netting it's a registered site. I know for a fact too that a lot of snagging goes on at wind river(yakamas) seen a lot of fish all ripped to hell. How many fish do the lower river gill netters catch? I know they can fish with smaller nets and when they fish they catch everything coming up the river. Your just calling the kettle black