Hunting Washington Forum
Community => Advocacy, Agencies, Access => Topic started by: Ray on May 01, 2007, 04:24:33 PM
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I have not read any of this but thought I would pass it along anyway.....
http://wdfw.wa.gov/lands/land_line/land_use_wac_3-30-07.pdf
WDFW NEWS RELEASE
Washington Department of Fish and Wildlife
600 Capitol Way North, Olympia, WA 98501-1091
http://wdfw.wa.gov/
May 1, 2007
Contact: Mark Quinn, 360-902-2402
WDFW seeking comment on proposed rules for public conduct on wildlife lands
OLYMPIA - The Washington Department of Fish and Wildlife (WDFW) is seeking comment through May 23 on proposed rules for public conduct on department-managed lands.
The proposals, available at http://wdfw.wa.gov/lands/land_line/ or at WDFW regional offices, include rules affecting camping, the use of aircraft, dumping, firearms and target practice, commercial uses, road closures, livestock, pets and vehicle use on more than 900,000 acres of wildlife areas and water access sites across the state.
Once adopted, the proposals will become part of the Washington Administrative Code.
"We want to ensure that activities occurring on WDFW lands are consistent with fish and wildlife management goals, and that regulations support habitat and species conservation while allowing a variety of users to enjoy fish- and wildlife-related recreational opportunities," said Mark Quinn, WDFW lands program manager.
Comments should be mailed by May 23 to: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091 or submitted by e-mail to wildthing@dfw.wa.gov .
The public also will have an opportunity to comment during the June 1-2 meeting of the Washington Fish and Wildlife Commission in Spokane, where the proposals will be discussed. Adoption of the proposed rules will be considered by the commission during its Aug. 3-4 meeting in Anacortes. See http://wdfw.wa.gov/com/meetings.htm for meeting agendas and locations.
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Excellent information....most of it seems fairly reasonable except for at least one or two possibilities that might affect horse people.
"It is unlawful for any person to allow livestock to be unattended or to graze or utilize department owned or controlled public lands, waters or access area without a permit from the director."
Wouldn't that mean you would need a permit to ride your horse on state land.
I'd also be a little concerned with the new pets section for all of those that like their dogs on their duck hunt. "The department may prohibit or regulate pets, except for bonafide service dogs for persons with disabilities, on department owned or controlled public lands, waters, or access area."
The rest of the pet one seems very reasonable about pets running free on state land harassing wildlife.
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ooooops missed a page. and this one. Except for down dead wood collected for camping on department lands, it is unlawful to remove timber, wood, soils, minerals, fossils, plants and plant seeds SO MUCH FOR ROCK COLLECTING WITH YOUR KIDS
oh yeah and IT IS UNLAWFUL TO COLLECT SHED ANTLERS ON DEPARTMENT OWNED OR CONTROLLED PUBLIC LANDS<FROM FEB 15 to APRIL 30
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By the way, unless I read it wrong they say comments need to be made by May 2, 2007 to wildthing@dfw.wa.gov
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I'm always worried about the bureacrats instituting new legislation when things are generally working. Particularly hunters using the land and allowing these sort of changes to go by unchecked or unchallenged in good faith that they will not be abused or harassed with their inception. I'd love to hear some skeptical views. That part about rock collecting and shed collecting seems bad to me already. I have not read about the dogs unleashed yet..
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I rarely get involved in this, but this steams me..... Here is a quick note I just sent off
To whom it may concern;
Although my opinion is just one of many, I was saddened or alarmed by a couple of the proposed rules changes. Specifically the proposed shed antler season being closed until April 30th. I think you have all done well by having specific closed areas around the elk feeding stations until the April 30th, but I believe the universal closure is a poor response to a problem that will occur anyway. I believe that harassment laws should be enforced and that just to close an area to shedding is ridiculous. Just this weekend I was out and watched two people park next to a closed area and jump the fence right in front of a closure sign. Also, I called in a report of a person who went behind a closed gate with a jeep tearing up the hillside in doing it. I reported him from his license number and I have yet to hear back from the game department on that. My point is that those that will break the law will now reap the benefits that law abiding citizens will be at home instead of enjoying the hills. Do you propose to shut the woods down to photography, snowmobilers, nature lovers etc, or are you just targetting one group or following the pack because another state may have taken that route. If someone is harassing the wildlife, prosecute them, don’t infringe on our other freedoms. Poachers and other law breakers will have the run of the woods while law abiding citizens will be locked at home. My other concern was the rock gathering. Are you proposing that if out hiking with my daughters as I was this weekend where the other idiot broke the law, where I was teaching them about the outdoors instead of playing Nintendo, or being involved in gangs etc, that when we found a piece of petrified wood, I am not allowed to bring it home. Are you kidding me? Again, this is only one opinion from a guy who rarely writes letters as he believes it does nothing, but believes strong enough in the outdoors to know that we are beginning to be regulated out of many of our natural rights. What good is public land if you can’t enjoy it. Many of us do just that without infringing on others rights or by destroying it.
Thanks for listening to this one man’s opinion,
Douglas Kikendall
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It says comments should be mailed by may 23rd. Unless I missed the May 2nd somewhere else there is still time to get people sending in letters.
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I saw the May 2nd date on page one of your link under Submit written comments to: (right of page 1/3 down. Its says by May 2nd. I may totally have misread that, and feel its never too late to comment. I just don't read this stuff much, but it has beenpointed out we need to be more aware of what is happening in our government.
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we need to be more aware of what is happening in our government
Agreed ;)
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Most of those are resonable in my mind, but what and how are they thinking? We need to stay on top of this.
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Most of those are resonable in my mind, but what and how are they thinking? We need to stay on top of this.
Now please correct me if I am wrong here but this basically says you cannot pick a mushroom or flower and take it with you. Unless of course you get a note from the director. I am sure it would not be an easy matter to get that note from big brother.
Except for down dead wood collected for camping on department lands, it is unlawful to remove timber, wood, soils, minerals, fossils, plants, plant seeds or other property or artifacts from department-owned or controlled public lands, waters, or access areas without a permit from the director.
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I knew I should have responded a little better....I was in a hurry.
WAC 232-13-180 (and parts of a couple others) is of concern to me as it can be viewed in a very broad sense. I think this WAC in particular needs reworking, and as it stands, is very dangerous to anyone who enjoys the outdoors.
Most of the WACs (Camping, Aircraft, Fireworks..etc) , as I read them, seem fine. Again, that is the way I read them.
What I am wondering is how do they (F&G) read or interpert them?
I agree....you will have a hard time getting a permit for anything.....join this list, apply here,....we will send it, email, post, call.....we all know about that..
Make no mistake I am concerned and I have posted this on a couple other NW and National hunting forums. Today I will be contacting a woodturning group that is in the Oly area (they are currently fighting a nasty bill right now) as well as contacting a few mushroom clubs around the state.
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I would bet if you talk to Quinn, he would say that the key for forest product removal is the language 'in excess of $250 value". If you harvest a few shrooms, etc. no one will get their shorts in a wad. That statement of the value associated with forest products is geared primarily towards illegal harvest/ sales activity of large quantities of resources, not the average guy who goes out and finds a few Morels in the woods. I do like the section regarding pets and dogs in particular, though I did have some suggestions on additions, we'll see....
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Yes I see that but the way it is written states that you might face one charge for forest removal and then if it exceeds $250 you are also a thief according to 9A.56 RCW. They are mutually exclusive in the proposal. If they had used an "and" or an "or" in the right spot and then lumped them both together it might be different.
My experience is that we should not trust the current official's interpretation to be the same as the next official who comes in. The courts will most likely interpret it completely different than what you describe even though it may have a good natured intent from Quinn or anyone else behind the proposal.
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My experience is that we should not trust the current official's interpretation to be the same as the next official who comes in
or 1 game warden from the next for that matter.
no offense to any LEO's out there at all, my stepfather is retired LEO, but it seems that everyone has a different take on everything.
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Give 'em an inch and they will take a mile.
I remember the Fee Demo for NW Trail Park passes that was supposed to be a temporary phase. Now to park your car they mandate those passes. I found out a while back that they were also using some of that revenue for example to buy new movie projector systems in the Mt St Helens park for visitors to watch. I'd say that isn't exactly putting the money back into the users' interests. Keep in mind that was not the WDFW.. but it was big goverment no less.
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I agree with you the wording is not the greatest for the forest product removal portion. I'm going ask that question of Mark, who believe me will be the guy that can clarify as the point man for the legislation. I really believe from reading the whole document that they are trying to preserve the quality of the NF for everyone. Not too long ago there was a thread about dogs on a hunting blog in which everyone complained about them running down deer on public lands. This would really help with that (if as Ridge stated, enforcement is provided) -another question I'll ask of Mark. Let you know what he says. The other restrictions as far as use limited to 14 days, trash, parking, nuisances, etc.., I guess I just don't see how that would negatively impact hunter's usage of State ground. The hunting specific initiatives, like the authority to close grounds to hunting for specific reason's actually already exists, a little redundant and not sure why it's even listed under the "new" WAC's. The State has always had the authority to close whatever lands they deem appropriate, for a variety of reasons. I don't really see much change with regard to hunting usage.
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By NF I am assuming you mean National Forest. My understanding is this is about more than the NF, it is about all State Land as well as land managed by the State.
My concern is that we already have rules/laws pertaining to most of these issues, but there seems to be no enforcement. I know for a fact that if you find trash (with names/addresses/etc) it will not result in a ticket or fine. I know for a fact that if you catch someone in the act of dumping and they pick up the trash while enforcement is in route they will not recieve a ticket.
We already have a wood permit system as well as rules for harvesting mushrooms or similar materials. Do we really need to get permission from a director/commissioner? Let's enforce the current rules before we change anything.
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:o :o :o
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My understanding is this does NOT include National Forest, and not all state land either, only WDFW lands. Dman, did you see something in there that I didn't? I see no mention of National Forest lands.
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Maybe I am wrong Bob. When I read, "department-owned or controlled public lands" I am worried about the word "controlled". The fact that F&W controls hunting, does that mean they can control the CF, which is managed by DNR?
Maybe I am over reacting?
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No, I guarantee you the WDFW has no control over what happens on DNR lands, other than possibly those lands they lease from the DNR. That's probably what the word "controlled" is in there for...they do have some lands leased from the DNR for wildlife habitat and/or recreational purposes.
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Any public lands within the State are subject to State regulation, including DNR and NF lands. As you know the State already set's the hunting season's for DNR/NF lands.
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This is not about hunting seasons. If you read the proposals, you'll see this: "department-owned or controlled public lands, waters, or access areas." From this it is obvious that none of these proposals are referring to National Forest lands, or any state lands (such as DNR) not owned or "controlled" (leased) by the WDFW. I just read through all the proposals and they all seem very reasonable to me. And again, these are only regulating the use of WDFW lands.
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To me the word controlled in that statement means that any land that will be regulated by the WDFW means they are in control of it; and that these regulations would all be the law according to that.
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Under New Definitions see number 9 as the definition of "land". It pretty much says a piece of soil, water, road or trail which is under management of the WDFW.
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I did read the definition of "land." Since the WDFW does not manage any public lands other than their own, these rules will only apply to WDFW lands. The other federal and state lands may already have many of the same rules already in place anyway. I think you're trying to read between the lines, when there is nothing written there.
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I disagree. Lawyers are snakes and if a LEO from WDFW harasses you for whatever and then there comes a time to defend yourself in court they will use it against you.
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I guess what we need here is an "official" definition of the words "managed" and/or "controlled."
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If I poach a deer on state land, who enforces the law. Is it the WDFW, DNR, State paterol, County Sheriff. What defines control. WAC codes are not just WDFW, but state laws, therefore these aren't necessarily WDFW only, am I correct?
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Somebody call a lawyer. :dunno:
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Thats probably who wrote this stuff. Write it so it can be interpretted any way they like.
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Let me put it in this perspective. If I can seemingly convince one or two other hunters here on my interpretations of the definitions and proposal then imagine what a lawyer\prosecutor wanting a big bonus for his next BMW could do to a judge or group of jurors who don't hunt.
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I've thought of that many times. In fact, when they first closed Robinson many years back, I was pissed because I used to chase Turkeys and snakes in there and now I had to wait until the snakes were fired up and the Turkey season was aobut over. I got over that, but the whole state shut down. WHATEVER.
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I have been involved with the drafting of policy in the past, wife also manages a law firm. By legal definition, "controlled" would include rights to which WDFW claims governance of including -hunting closures in the NF. If that is not the WDFW's intention, then they do need to clarify what lands are affected, because as you stated, the door has been left open with that regard.
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Sure they control the taking of fish and wildlife on ALL public lands (and private of course,) but they do not control access to public lands other than their own.
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I think that legislating for the few bad apples and ruining it for the majority of folks is grossly irresponsible. If something is going down illegal then they shouldn't come up with punitive measures to manage the lands for society at large. That's kind of like communism where big govt. figures out what is best for everyone. What makes America so great is that we should be able to figure out ways to enjoy our freedoms and take care of the bad apples at the same time. They should figure out how to resolve the problems but it doesn't necessarily mean making broadly interpreted laws is appropriate because it is difficult to get out of the truck and look for the crooks and derelicts. This doesn't necessarily apply to all situations which were listed here.
I could go on about the dog restrictions but I'll leave it for now.
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Anybody else been contacting them about this.......????????
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Yeah I sent several letters off. A couple to politicians and one directly to them. They responded and said that my examples would be considered.
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I got that too, which I at least thought was considerate because I never heard back from the guy I turned in for being behind a closed gate.
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I had a chance to talk to my WDFW contact yesterday, this plan does include both DNR and USFS lands. They plan to edit the portion regarding recreation harvest of mushrooms, etc.. as there has been much response to that statement and they are trying to target commercial harvesting, not recreational harvesting.
-D
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The section on livestock has me worried. Sounds like if I take my mules for a ride on state land I need a permit?
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thats the one that had me wondering the most. i have no stock, but may in the next few years.
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It looks to me like you would need a permit to bring a mule on state land for example.
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Keep sending your comments to them. There's still time for them to modify anything that doesn't go over well.
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I'll be attending the 2 Jun meeting in Spokane. I try and get clarification on these things and report back here.
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From this news release, it sounds to me like the new proposed rules will only apply to "wildlife areas," which means National Forest and other state lands like those owned by the DNR would not be included.
NEWS RELEASE
WASHINGTON DEPARTMENT OF FISH AND WILDLIFE
600 Capitol Way North, Olympia, WA 98501-1091
May 17, 2007
Contact: Susan Yeager, (360) 902-2267
Commission to consider land rules and
transactions at June 1- 2 meeting in Spokane
OLYMPIA – The Washington Fish and Wildlife Commission will discuss proposed changes in rules for public conduct on state wildlife areas, and will consider approval of several land transactions during a public meeting June 1 and 2 in Spokane Valley.
The meeting is scheduled to begin at 1:30 p.m., June 1, at the Mirabeau Park Hotel and Conference Center, 1100 N. Sullivan Road in Spokane Valley. The meeting will continue at 8:30 a.m., June 2. Public comments on any topic will be taken at the beginning and end of each meeting day.
The nine-member commission, which sets policy for the Washington Department of Fish and Wildlife (WDFW), is scheduled to take action on the acquisition of three properties in Okanogan County and one easement grant in Clallam County.
The commission will hear WDFW staff briefings and take public input on:
Proposed public conduct rules to protect fish and wildlife resources and ensure public safety on WDFW-managed wildlife areas and water access sites
North Potholes Game Reserve access restrictions
Fir Island Farm Game Reserve rules
Waterfowl hunting rules on use of decoys and calls
Game tagging requirements
The commission also is scheduled to hear briefings on:
Public safety cougar removals
Special trapping permits
Deer and elk damage claims
A complete agenda for the June 1-2 meeting is available on the WDFW website at http://wdfw.wa.gov/com/meetings.htm.
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Then that would be a change. Here is the definition my WDFW contact used to define applicable lands;
"WDFW controlled lands means lands we have under long-term management
agreement with other landowners like USFWS, BLM, DNR, etc. These land
are primarily inholdings or continguous parcels to existing WDFW owned
lands (Wildlife Areas)"
-It could also be they are not taking any input on the regulatory issues on other "controlled lands" portion, only the wildlife areas portion, as that's the biggest change. The controlled lands -USFS/ BLM already have similar existing regulations not in the State code, but covered under Federal regs.
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Oh, well I could see other public lands being included if it was within the boundaries of a WDFW wildlife area. That would make sense. But not ALL National Forest lands and DNR lands.
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To me it seams reasonable to allow ONLY HUNTERS to add comments.
If the ruling is about hunting/hunting lands or monies then require a hunting license. That way the PETA folks, or any other anti-hunter types would have to contribute to the cause, and not be able to cause harm as prevelant as they seem to be.
Most information would come from ture hunters that way.
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Did anyone go to the meeting?
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From WDFW below the line. It seems as if they are going to make another proposal on the rules changes soon....
Commission approves land transactions;
more review for wildlife area conduct rules
SPOKANE VALLEY–Proposed rules for public conduct on state wildlife areas and water-access sites will be revised and circulated for additional public comment, the Washington Fish and Wildlife Commission decided at a meeting here Saturday.
The nine-member citizen commission was briefed on the proposed rules by Washington Department of Fish and Wildlife (WDFW) staff and heard public input during the meeting. The Commission is scheduled to review the revised proposals during its Aug. 3-4 public meeting in Anacortes, and will consider approval of the rules at an Oct. 12-13 meeting in Olympia.
The proposed rules, which address the type and amount of use on wildlife properties, are aimed at protecting fish and wildlife resources and ensuring public safety. The rules address use of aircraft, camping, commercial activity, dumping and sanitation, structures, firearms and target shooting, fireworks, land and road closures, livestock, parking, pets, resource removal, vehicle use and other issues.
The proposals have been under development for several years, with involvement by WDFW’s statewide Land Management Advisory Council and citizen advisory groups for individual wildlife areas.
[bgcolor=#ffff00]Revised rule proposals will be posted shortly on WDFW’s website[/bgcolor] at http://wdfw.wa.gov/lands/land_line/
In other business during its two-day meeting, the commission approved acquisition of three properties in Okanogan County, as well as two easements.
The Okanogan County land purchases, to be made with federal and state grant funds, are:
More than 19 acres of land adjacent to the Methow Wildlife Area south of Winthrop, including 1,500 feet of Methow River frontage, which will provide critical fish and wildlife habitat and recreational access.
Another 264 acres of property adjacent to the Methow Wildlife Area east of Twisp, including shrub-steppe habitat for species ranging from butterflies to mule deer.
More than 3,335 acres of land east of Oroville, including shrub-steppe habitat for wildlife and Nine-Mile Creek, used by endangered Upper Columbia steelhead.
The easements will allow a National Park Service (NPS) pipeline to cross WDFW’s Elwha fish rearing pond in Clallam County as part of the federal plan to remove two Elwha River dams to restore salmon habitat. The easement, which compensates WDFW $42,170, also includes a permit to temporarily divert water while NPS constructs a new, more fish-friendly water intake structure for the city of Port Angeles.
The other approved easement is an exchange of access between the Oak Creek Wildlife Area and an adjacent landowner in Yakima County.