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Author Topic: We are pursuing a lawsuit against the Governor  (Read 35165 times)

Offline WWC

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We are pursuing a lawsuit against the Governor
« on: January 09, 2023, 09:45:34 PM »
Lawsuit Synopsis
I. Problem.
The current Washington Fish and Wildlife Commission (Commission) is not abiding by RCW 77.04.012. This puts cattlemen, ranchers, agriculture, private property owners, hunters, commercial fishermen, recreational fishermen, and all consumptive users in a terrible position.

RCW 77.04.012.

Mandate of department and commission.

Wildlife, fish, and shellfish are the property of the state. The commission, director, and the department shall preserve, protect, perpetuate, and manage the wildlife and food fish, game fish, and shellfish in state waters and offshore waters.

The department shall conserve the wildlife and food fish, game fish, and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.

The commission may authorize the taking of wildlife, food fish, game fish, and shellfish only at times or places, or in manners or quantities, as in the judgment of the commission does not impair the supply of these resources.

The commission shall attempt to maximize the public recreational game fishing and hunting opportunities of all citizens, including juvenile, disabled, and senior citizens.

Recognizing that the management of our state wildlife, food fish, game fish, and shellfish resources depends heavily on the assistance of volunteers, the department shall work cooperatively with volunteer groups and individuals to achieve the goals of this title to the greatest extent possible.

Nothing in this title shall be construed to infringe on the right of a private property owner to control the owner's private property.

The current Commission blatantly ignores its responsibilities under the legislative mandate.

II. The problem is significant.
The Commission has, in the past, consistently ignored the legislative mandate, causing Commissioner Don McIsaac to resign from the Commission in disgust. The Commission voted 5 – 4 to ban all spring bear hunting. McIsaac said in his resignation letter:

“Just as the broad spectrum of biodiversity provides stability and strength to a robust natural ecosystem, a Commission composed of informed individuals with diverse opinions and different areas of specialized expertise in the field of natural resources conservation and management can provide stability and success to fulfilling the Commission’s legislative mandate. I urge you to consider such diversity as you consider the future of the Commission,” McIsaac wrote. That edict from state lawmakers was on his mind this past Friday as the commission voted 5-4 to ban the “recreational” hunting of bears in spring.

“Going to zero is not in the mandate of the commission,” McIsaac stated.

This is just the tip of the iceberg.

A. Tino Villaluz, the wildlife program manager for the Swinomish Indian Community, took issue with two of the Commissioners, Lorna Smith’s, and Fred Koontz’s “wanton disregard of the wildlife profession.” And yesterday, after a briefing on the dire straits faced by the Blue Mountains elk herd that has fallen to its lowest levels in 30-plus years and is not responding to sharply decreased antlerless tag levels, Smith and Koontz essentially argued, what crisis, let’s just lower the goalposts on the population objective and consider reducing hunting opportunities even further instead. Villaluz, pointing to treaty hunting rights and necessary pragmatic wildlife management in the West’s smallest state with the second highest human population, said, “The arbitrary protection of predators cannot continue.” He said that Smith and Koontz were showing “a heavy bias to first foods,” which he said for him is ungulates, and he said that it equated to “white privilege.”

B. Even though the Washington Department of Fish and Wildlife (WDFW) staff showed that the science supported a limited-entry spring bear hunt, the Commission voted it down on a 5 – 4 vote on March 19, 2022. WDFW worked hard to show the Commission the necessity of a spring bear hunt, but the Commission voted it down anyway.

C. On Friday, November 18, 2022, The Commission voted to end “recreational hunting of black bears in the spring.” This will be devastating to the timber industry who lose millions of dollars to damage to trees from black bears in the spring. As Commissioner McIsaac said in his resignation, “Going to zero is not in the mandate of the commission.”

D. The Commission is of the mindset to protect large predators. The state is being overrun with cougars, black bears, and wolves. The animal-rights mindset is having a devastating effect on ungulate populations, which is a crushing blow to the hunting, ranching, agricultural, and rural communities.

1. With declining ungulate populations, large predators don’t turn vegetarian, they turn to livestock for their food source. Predation on livestock increases.

2. When ungulate populations decline, hunting seasons close, hunting opportunities plummet. Hunters quit hunting.

3. Rural communities that depend on hunters’ dollars lose out. Hunters spend $370 million dollars in Washington annually, over $163 million on trip related expenses, a $614 million dollar ripple effect.

4. The Commission is based on the false science of single specie management. Wildlife must be managed as a whole. Prey species must be managed in conjunction with the predators that prey upon them with the emphasis on the females of the species and the neonates.

5. In a Blue Mountain calf study, 125 calves were collared; there were two capture mortalities and seven dropped collars. Only 11 calves survived 150 days. There were 105 mortalities, 77 of those due to predation. Cougars were responsible for 70% of the calf loss. Cougar, bear, and wolves were responsible for another 20%, so large predators were responsible for 90% of the documented calf loss.

E. We have had Commissioners like Tim Regan say they are afraid to go out in the woods because of hunters and hunting opportunities need to be curtailed.

III. The problem is inherent.
The problem is part of the system and will not go away on its own unless we change something. This means that we need to take significant action.

A. The Governor is an animal-rights activist. When Jay Inslee was in Congress, during the ten years he served according to the Congressional Record out of 435 members of Congress, he was dead last on sportsmen’s issues. He has kept this up on wolves, telling WDFW to concentrate on non-lethal methods on wolves, while ranchers are being devastated by wolves.

B. The Governor’s Senior Policy Advisor on Natural Resources, Ruth Musgrave, is an ardent animal-rights activist. She worked for the National Caucus of Environmental Legislators for ten years and was a board member of the radical animal-rights group Defenders of Wildlife.

C. The Commission is out of balance with five environmental/animal-rights members controlling the nine-member Commission. Barbara Baker, Tim Regan, Lorna Smith, Melanie Rowland, and John Lehmkuhl solidly control the Commission.

1. This is illegal per RCW 77.04.040

RCW 77.04.040

Commission—Qualifications of members.

Persons eligible for appointment as members of the commission shall have general knowledge of the habits and distribution of fish and wildlife and shall not hold another state, county, or municipal elective or appointive office. In making these appointments, the governor shall seek to maintain a balance reflecting all aspects of fish and wildlife, including representation recommended by organized groups representing sportfishers, commercial fishers, hunters, private landowners, and environmentalists. Persons eligible for appointment as fish and wildlife commissioners shall comply with the provisions of chapters 42.52 and * 42.17 RCW.

2. The Governor, nor anyone in the Governor’s office has reached out to the hunting, fishing, ranching, agricultural, or private landowner community for our recommendations on the Commission.

3. The Governor’s office blatantly flaunts the law in regard to the Commission, stacking the Commission in radical environmentalist/animal-rightists favor.

D. Our citizen safeguard in the state senate is worthless. The Washington Fish and Wildlife Commission is the only board or commission in Washington State where Commissioners can sit unconfirmed. There is no statutory requirement to confirm a commissioner, they can sit their entire term unconfirmed. An example of this is Commissioner Miranda Wecker who served on the Commission for 18 years, all of them unfirmed.

E. Even if the state senate would confirm the problem would still be inherent. The Chair of the Senate Natural Resources Committee is a HSUS “Legislator of the Year” in Senator Keven VanDeWege. The other three members: Jesse Salomon, Christine Rolfes, and Mark Stanford are all heavy animal-rights supporters. The state senate is under heavy Democratic control. Last year the Senate Natural Resources Committee voted to recommend the most radical of the animal-rights Commissioners, Lorna Smith, on a straight party line vote 4 – 3. She did not get confirmed by the state senate as session ended.

IV. The only solution is suing the Governor’s office to bring balance to the Commission.
The state’s two largest construction trade associations, the Building Industry Association of Washington (BIAW) and the Associated General Contractors of Washington (AGC) have filed a lawsuit to hold the governor accountable for not following the law in making his most recent appointments to the State Building Code Council (SBCC). The builders won this case in a settlement out of court.

A. This shows a consistent history of not following the law and not following the balance doctrine.

B. We have no legislative recourse.

C. Ten years ago, two leaders of the cattle industry and a leader of hunting community met with the top natural resources attorney in the state. This attorney told this group that legislators, the Commission, and the Governor’s Office give us no respect is that we never sue. This attorney said that we never play hardball. This attorney said that the tribes, the environmental groups, and the animal-rights groups all sued. This attorney said that if we just filed an intent to sue, we probably make the other side faint and gain instant respect. This attorney is no longer in natural resources law.

V The call to action.

A. Join WWC.  http://w4wc.org/membership.html  This lawsuit will cost money and we need a diverse group of sportsmen to back this effort.

B. Convince other organizations to sign on to the lawsuit. Sportsmen need a wide variety of sportsmen related groups to publicly back this. Sportsmen have been clamoring for some one to lead the way. We are but we cannot do it alone.

« Last Edit: January 11, 2023, 10:53:26 AM by WWC »
"Wildlife thrives today because of regulated sport hunting, not in spite of it."

Offline brokentrail

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Re: We are pursuing a lawsuit against the Governor
« Reply #1 on: January 09, 2023, 10:08:52 PM »
I am a WWC member and this is great news to hear!  You have my support and I will be following this thread intently.

Offline KFhunter

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Re: We are pursuing a lawsuit against the Governor
« Reply #2 on: January 09, 2023, 10:18:27 PM »
Tag

Offline Humptulips

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Re: We are pursuing a lawsuit against the Governor
« Reply #3 on: January 09, 2023, 10:36:14 PM »
What remedy will be asked for in the suit?
Bruce Vandervort

Offline Scruffy

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Re: We are pursuing a lawsuit against the Governor
« Reply #4 on: January 10, 2023, 12:12:13 AM »
I just joined WWC as a new member.  Once I see the lawsuit going forward, I will donate.  I feel very strongly "WE" has the hunting community need to take a stand or it will only get worse.
I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and DOMESTIC

Offline 30.06

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Re: We are pursuing a lawsuit against the Governor
« Reply #5 on: January 10, 2023, 03:10:37 AM »
I would probably get banned for posting what I think about Inslee and his blatant disregard for the obvious facts that taxpaying, license buying Washington sportsmen and women, ranchers and landowners all have seen and tried to bring to his attention.

 It is crystal clear to me that he only cares about the Green Agenda Pro-Predator Lefty Cali style image which he constantly presents and is not the type of Native Washingtonian that so many Hunt Wa members are. I am 44, born in Everett, and grew up hunting and fishing as my relatives and ancestors did. The herds of game and schools of returning salmon and steelhead have decreased year after year, to the point where I feel bad harvesting an animal or anadromous wild fish.

It has never seemed to me like Inslee is NOT the type of guy that learned to hunt Deer on his Grandpa's stand, with the '30's Winchester he gave me and taught me to be responsible with, and to always be respectful of the creatures that God put on this, our only earth in order for humans to survive.
 Nor trolling for Salmon with his Grandad, with the orange Eagle Claw he gave me and taught me to use properly, while being mindful of how fish survive and how important these recurring fish runs are for humans to grow up strong and proud.
 Nor picking berries in our Mountains, clamming on our shores, enjoying a dog on the scent, skinning out his first coyote, or leaving a place better than he found it.
Nor did it ever seem as if he had learned conservation by quietly and stealthily observing our native wildlife and fish runs in their natural habitat.

I went to launch my boat in the spring of 2019 and it was closed due to his political maneuvering and outright deception, not to mention sheer lack of common sense that God gave to a tadpole.

I have ruined my body working hard, dangerous, crappy jobs for minimal money, so that I could buy a chunk or two of dirt on both sides of the Cascades to call my own. The taxes I pay on them go in part to fund the Wolfification of Washington and countless other completely nonsensical Political B.S. that serves only to make big shots in N.Y, L.A. and D.C. smile knowing they got their way over the common man. The ruling that WDFW HAS to listen and consider their comments during all wildlife management decisions is by far the biggest thorn in my side. Knowing that some rich insider who knows all the tricks to get their voice heard while I am the one who has to listen to the wolves overrun my property in Ferry County burns me up and greatly diminishes my quality of life.

 I would rather we did NOT accept federal dollars and make up the difference ourselves as Washington Sportsmen. Maybe the surplus wolves, cougars, and bears should be trucked to Their property in N.Y., D.C., and L.A. I am also a federal taxpayer and those states rely on federal dollars. Perhaps they would not be so inclined to install their own unfounded beliefs on others homeland once some lap dogs and domesticated cats begin disappearing from their own backyards?

 Inslee obviously wants to be something more than a Governor in the future. If I had political ambitions it sure would be an easy call to try and run the state I was in charge of in a responsible manner, instead of putting on a show for the Leftist culture and propaganda war experts in D.C.

This is the only Washington that he should care about, and yet I have yet to see any proof that he worries about us more than the liberal elite on the other coast.

Big Props on the lawsuit to WWC, and a huge Right On!! to HuntWa for the freedom to express our opinions. Inslee would rather we are not heard or seen. Rant over.
« Last Edit: January 10, 2023, 04:48:55 AM by 30.06 »

Offline lewy

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Re: We are pursuing a lawsuit against the Governor
« Reply #6 on: January 10, 2023, 05:05:30 AM »
 :tup:
Go hawks

Offline HntnFsh

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Re: We are pursuing a lawsuit against the Governor
« Reply #7 on: January 10, 2023, 06:14:47 AM »
Well Said!

Offline Elkaholic daWg

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Re: We are pursuing a lawsuit against the Governor
« Reply #8 on: January 10, 2023, 07:28:06 AM »
VERY well said and sounding familiar!
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Go DaWgs!!

Offline hunter399

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Re: We are pursuing a lawsuit against the Governor
« Reply #9 on: January 10, 2023, 07:32:31 AM »
That bumper sticker I seen yesterday.

Said......

Even my dog hates inslee.

I thought that was pretty funny. :chuckle:
TRUE GRIT
You can't fake it,you can't make it, you can pretend you have it.
TRUE GRIT
Is something God gives you when you need it.

Offline pianoman9701

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Re: We are pursuing a lawsuit against the Governor
« Reply #10 on: January 10, 2023, 07:49:27 AM »
Thanks for the public update on this suit. I've been asked to be on a panel on the 28th at the Roanoke Conference. This will be talked about.
"Restricting the rights of law-abiding citizens based on the actions of criminals and madmen will have no positive effect on the future acts of criminals and madmen. It will only serve to reduce individual rights and the very security of our republic." - Pianoman

Offline timberfaller

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Re: We are pursuing a lawsuit against the Governor
« Reply #11 on: January 10, 2023, 08:42:26 AM »
06 said, "It is crystal clear to me that he only cares about...."


All Inslee cares about is what he to told to by the DNC($$$ for re-elections),  he doesn't even worry about his brain dead supporters!  That was crystal clear back during the Brady gun control years!  WE kicked him out of office then, but he weaseled his way back in by moving to the wet side!
The only good tree, is a stump!

Offline harveymarv

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Re: We are pursuing a lawsuit against the Governor
« Reply #12 on: January 10, 2023, 08:56:06 AM »
this is great news. I will join WWC and support with $, and spread the word.

Offline Mtnwalker

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Re: We are pursuing a lawsuit against the Governor
« Reply #13 on: January 10, 2023, 08:58:31 AM »
Glad to hear it. The anti's are constantly suing to advance their agenda, it's time sportsmen do the same.

Offline KFhunter

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Re: We are pursuing a lawsuit against the Governor
« Reply #14 on: January 10, 2023, 09:57:59 AM »
Give that rat bassturd hell!

I'm a WWC member

 


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