Hunting Management Guidelines
Between the
Washington Department of Fish and Wildlife
and the [Tribe(s)]
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Final Draft Hunting Management Guidelines Between the Washington Department of Fish and Wildlife and the [Tribe(s)] |
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Copies of the draft guidelines are available from the WDFW Wildlife Management Program:
WDFW Written comments on the draft guidelines may be sent to the same address until March 5, 1999. The draft guidelines may be revised following the public comment period. The final draft of the guidelines will be distributed beginning March 23, 1999 and a second public comment period will be held from then until April 3, 1999. The Fish and Wildlife Commission will consider adopting the guidelines during its April 2 and 3 meeting in Spokane. Public comment on the final draft guidelines will be taken at that meeting. |
These are hunting management guidelines between the Washington Department of Fish and Wildlife (Department) and the [participating tribe(s)], hereinafter referred to as the signatories. Tribes are sovereign governments with both reservation and off-reservation jurisdiction over the hunting activities of tribal members. The overlapping nature of state and tribal jurisdictions and responsibilities creates a co-management relationship in which it is essential that the signatories work together.
The signatories to these guidelines desire to avoid the confrontation associated with continued and protracted litigation regarding the nature and extent of tribal treaty and state management authority. Therefore, all signatories agree to cooperate in implementing these guidelines.
By becoming a signatory to these guidelines, no signatory waives any claim with respect to the nature, scope, use or boundary of tribal hunting rights or areas or state management authority. No agreement, self-imposed limitation on hunting by a tribe or other management arrangement, agreement or accommodation made pursuant to these guidelines shall be an admission of any fact or limitation on or with respect to any tribal hunting right. The signatories to these guidelines pledge their best efforts to utilize and follow the processes set out below to accomplish the purposes of this document. By signing these guidelines, no signatory waives its sovereign immunity.
Nothing in these guidelines nor any actions taken pursuant to these guidelines are intended to create any contractual relationship, duties, obligations or considerations between the signatories. No statement or action taken by any signatory in any group or workgroup established pursuant to these guidelines may be used as evidence in any judicial or quasi-judicial proceeding. Neither these guidelines nor any action, finding, recommendation or conclusion of any group or work group established pursuant to these guidelines may be specifically enforced against any signatory to these guidelines.
Nothing in these guidelines nor any action, finding, recommendation or conclusion of any group or work group established under these guidelines is intended to nor shall be interpreted as enlarging or diminishing the sovereign authority of the State or any tribal signatory.
Nothing in these guidelines are intended to limit the affected signatories from addressing outstanding issues by engaging in other dispute resolution mechanisms.
1.1 Purpose
The signatories recognize the need to manage wildlife populations and their habitats in a manner which provides sustainable wildlife and meaningful hunting opportunities for future generations. The signatories recognize the need to pursue habitat and population management approaches to maintain viable wildlife populations needed to sustain treaty and non-treaty needs. The purposes of these guidelines are to: (a) establish a framework to assist the signatories in the cooperative management of hunting in Washington by coordinating tribal and state hunting activities so that wildlife resources and habitat are preserved and protected; (b) provide a process to resolve and/or avoid conflicts; (c) open lines of communication; and (d) facilitate the implementation of applicable treaty and other federal reserved and recognized rights to the end that treaty and other federal rights are fulfilled. These guidelines are not intended to apply to marine mammals.
1.2 Regional Planning Commitment
The signatories believe that regional planning will be necessary to more specifically manage wildlife resources in a local area. Therefore, in conjunction with these guidelines, the signatories will seek to cooperatively develop recommendations for regional plans that deal with specific species or herd status and demographics, harvest, seasons, closures, damage control, etc. as appropriate to meet the purposes of these guidelines. Such recommendations, shall attempt to forge working relationships and responsibilities between the signatories to further implement the overall purposes and scope of these guidelines.
These management guidelines shall be effective from _______________ to December 31, 2002. Any signatory may withdraw from these guidelines by giving all other signatories 30 days written notice of the signatory's intent to withdraw.
The following Joint Policy Group and joint workgroups will be established by these guidelines. The Joint Policy Group shall have no authority or power other than to make recommendations. The following joint workgroups (listed in sections 3.2, 3.3, and 3.4) shall have no authority or power other than to make recommendations to the Joint Policy Group. Each group shall establish its own procedures and process for determining how recommendations are made.
Any formal recommendations made by the Joint Policy Group shall be by consensus of those signatories present. Any formal recommendations made by the workgroups shall be by consensus of those present; however, in the absence of formal recommendations by consensus, the workgroups shall provide majority and minority reports to the signatories.
3.1 Joint Policy Group
The Joint Policy Group shall consist of one representative from each participating tribe and the Department of Fish and Wildlife's Director or his/her designee. The purpose of the Joint Policy Group is to make recommendations to the signatories regarding policy issues which affect hunting and related wildlife and habitat management issues on a statewide level. The Joint Policy Group may also make recommendations with respect to matters discussed, including but not limited to education, outreach, and enforcement issues. The Joint Policy Group will meet annually after June 1 to review pertinent information provided by the joint workgroups listed below. In addition, the Joint Policy Group will meet, as necessary, to discuss policy issues and/or give assignments to the joint workgroups.
3.2 Joint Technical Workgroup
The Joint Technical Workgroup shall consist of, but is not limited to, a representative from each participating tribe, one representative of the Northwest Indian Fisheries Commission's Intertribal Hunting Committee, and representatives from the Department of Fish and Wildlife. The Joint Technical Workgroup will address technical issues which affect hunting and related wildlife and habitat management issues statewide and any other such technical issues assigned to it by the Joint Policy Group. Prior to June 1, the Joint Technical Workgroup will collate the signatories' information collected pursuant to Section 6 for a report to be distributed to the Joint Policy Group.
3.3 Joint Enforcement Workgroup
The Joint Enforcement Workgroup shall consist of, but is not limited to, a representative from each participating tribe, and the six regional Captains and one Sergeant from the Department of Fish and Wildlife. The purpose of the Joint Enforcement Workgroup is to address enforcement issues which affect hunting and related wildlife management issues statewide. Subsets of this workgroup may also meet regionally to address specific issues on a regional level.
3.4 Regional Planning Workgroups
The signatories will define the geographic areas as appropriate for regional planning. Each Regional Planning Workgroup shall consist of representatives of the signatories who are authorized to address such regional issues that may arise and who are interested in hunting in a particular region. The tribal membership of the Regional Planning Workgroups shall be comprised of, at a minimum, a representative of each signatory Tribe whose ceded area makes up all or part of the region.
Although any tribal representative interested in hunting in a particular region may attend and participate in the Regional Planning Workgroup meetings, management recommendations shall be made only by those who are signatory to the guidelines. Such management recommendations shall be made to the Joint Policy Group for discussion.
The purposes of the Regional Planning Workgroups are to review harvest and population data and make regional management planning recommendations to the Joint Policy Group. These Regional Planning Workgroups will also provide support for the Joint Technical and Enforcement workgroups and the Joint Policy Group on other relevant issues, as needed. The Regional Planning Workgroups, among other things, may address mountain goat, mountain sheep, and moose.
4.1 Needs
The signatories agree to work cooperatively to secure baseline population information and to monitor the status and harvest of hunted species of wildlife. The signatories further recognize that harvest coordination will reduce management uncertainty leading to better preservation, protection, and perpetuation of the wildlife resources over time. The signatories recognize the need to jointly agree upon population management goals for hunted wildlife species.
The signatories recognizethe need to manage wildlife populations based upon the best available science. When such biological information is lacking or insufficient, the most prudent management is one designed to err in favor of the wildlife resource. Such prudent management, however, shall not be evidence of the existence or non-existence of a conservation necessity.
The signatories further recognize the importance of habitat in determining herd health and wildlife population size and the need to work cooperatively with private and public landowners and land-use regulators. The signatories acknowledge that other specific management tools such as regional plans may be required to address specific local needs and that such plans may include season timing, methods of hunting and other strategies to achieve goals for desired herd status and demographics.
4.2 Habitat Restoration
The signatories recognize that the wildlife resources in the State of Washington have been impacted by a number of factors. The signatories recognize that joint efforts can result in protection, restoration, and enhancement of habitat that is important to sustain viable wildlife populations. Wildlife populations are influenced significantly by habitat changes. Some land use practices are having a negative impact on many wildlife populations. Accordingly, the signatories agree to work together and with appropriate entities, local governments, and landowners/lease holders to minimize activities that adversely impact wildlife habitat and to affirmatively take steps to protect the habitat of these wild populations.
5.1 Regulation Package
The signatories that intend to authorize hunting agree to develop, adopt, and enforce basic regulations which may include such things as: hunting safety, firearms, archery, and trapping equipment requirements, use of artificial light while hunting, hunter identification, and other general requirements. The signatories agree to meet on a regional basis in a timely manner to recommend annual regulation packages which may include specific opening and closure dates by area, bag limits, tagging requirements, hunter identification, and any other restrictions deemed necessary for the management of the species.
The signatories shall use their best efforts to incorporate into final hunting regulations all Spring survey work. If regulations are developed prior to completion of the surveys, the signatories shall use their best efforts to amend or modify those regulations, if needed, to take into account Spring survey work.
Damage control hunts may be addressed in the planning process. Damage control hunts shall take into account the biological impacts on sensitive herds.
5.2 Non-Hunting Areas
The signatories agree to meet, on a regional and/or statewide basis to recommend and designate on a map, those areas currently incompatible with hunting that should not be subject to hunting by anyone.
5.3 Emergency In-Season Closures
The signatories recognize that a signatory may impose an emergency in-season closure in a given area for its hunters. Any signatory shall call a meeting of the affected Regional Planning Workgroup(s) to review the available data and consider recommending an emergency closure to other signatories.
5.4 Ceremonial Hunts
A tribe may authorize hunts for ceremonial and unanticipated subsistence needs outside the regularly scheduled seasons at any time of the year. The tribe shall make a reasonable attempt to notify the Department in advance, or as soon as practicable, and indicate the general location, number of hunters, and species to be hunted. Such ceremonial and subsistence hunts shall take into account the biological impacts on sensitive herds. All ceremonial and subsistence harvest shall be included in the tribal annual harvest reports.
The benefits of coordinated information systems are recognized by the signatories to these guidelines as being of value in the management of wildlife resources in Washington.
6.1 Sharing of Regulations
The signatories agree to provide the other signatories with harvest regulations within 30 days of enactment and at least 10 days prior to a season opening for any species covered by these guidelines. In the case of ceremonial hunts outside a regularly scheduled season, the tribe shall make a reasonable attempt to notify the Department in advance, or as soon as practicable, and indicate the general location, number of hunters, and species to be hunted.
Differences in regulations will be identified and discussed at a meeting of the Regional Planning Workgroup.
6.2 Data Collection
The signatories to these guidelines recognize that the lack of data on which to manage the game resources is a serious challenge. It is agreed that the signatories will work together to resolve this problem so that adequate data is available for management. It is further recognized that a common database which is complete and thoroughly documented is in all signatories' best interest and can serve as the basis for effective education and community outreach.
The signatories recognize the importance of population estimates and population indices for managing big game resources. The signatories will identify "sensitive game populations" and meet to share the data and reasons for such identification. It is further recognized that additional information may be needed in sensitive population areas and will be discussed and agreed upon by the regional planning workgroups for their areas.
6.3 Data Reporting
The signatories agree to share available harvest data and non-harvest mortality data with the other signatories by March 30 of each year for inclusion in the yearly management process. The signatories agree to share final harvest data by June 1 of each year.
The signatories recognize that data from damage control hunts and any ceremonial and subsistence hunts may not be available by June 1. However, the signatories shall use their best efforts to include harvest data from damage control hunts and any ceremonial and subsistence hunts in subsequent reports. The signatories will encourage anyone with harvest data to share that data.
It is recognized that harvest information including the Game Management Unit (GMU) or other harvest unit where taken, and sex and age class of the animal is the minimum harvest information needed. The signatories will use their best efforts to maintain, or develop as soon as practicable, a mandatory hunting reporting system that accurately accounts for each animal harvested and which, at a minimum, provides the harvest location, sex, and age class for each harvested animal. The signatories will pursue refinement and completeness of harvest data.
It is acknowledged by the signatories that harvest data need not be reported by individual tribe but may be reported as a summary for the treaty area by a tribally designated representative. Except where required by law, harvest data of an individual tribe will not be released by the Department without that tribe's written permission. The Department agrees to notify the affected signatories of any public record requests for tribal harvest data.
6.4 Research and Cooperative Studies
The signatories recognize that it would be mutually beneficial to pursue opportunities to develop cooperative studies of wildlife. Additional studies on herd populations and big game habitat are needed to assist in herd management. The signatories further recognize additional funding for such studies is needed and will cooperate in efforts to secure such funding. As a result, when opportunities for funding are presented by a signatory, such as possible grants, the signatories will review the funding application in the Joint Technical and Joint Policy Groups and will consider making a joint recommendation to the appropriate funding authority that the proposal be funded. The signatories that are involved in a joint study shall address the details of the development and implementation of the study.