Petition updateOpen the WDFW/Tribal Co-manager North of Falcon meetings to the PublicTHE FIGHT CONTINUES: Miranda Wecker provides Declaration.
Washington Citizen SportsmenTacoma, WA, United States
Jan 25, 2020

Three years ago this month, we were speaking in front of the Commission, addressing them on the harm caused by the secret meetings that occur in the North of Falcon.  

At the conclusion of that Commission meeting, Commissioner Miranda Wecker approached us and told us that what we were fighting for was right and just and she encouraged us to keep raising the issue of transparency in our fisheries no matter what the obstacles.

It’s been three long years, and even though Miranda is no longer a Commissioner, her words, and more importantly, your support has us staying in the fight. After all, transparent, open and fair Co-management is not only right, it’s the law!

We, all of us, as Washington Citizen Sportsman have raised our concerns over the continued destructive secret meetings. Over 5000 have signed this petition and the numbers keep growing.  Numbers and voices and voters that cannot be ignored.

In addition to our voices, others have also focused on the harm that secret negotiations are doing to our fish, our sport and our rights.

As many of you know, the Twin Harbors Fish & Wildlife Advocacy (THFWA) has entered a lawsuit alleging that WDFW is in violation of the Open Public Meetings Act among other things.

That lawsuit addresses the very heart of what is wrong with management that is done behind locked doors and without any public oversight.

Below is  THFWA’s Update #9.  Please read it carefully.  We HIGHLY ENCOURAGE YOU TO CLICK ON AND READ FORMER COMMISSION CHAIR, MIRANDA WECKER’S enlightening statement on the North of Falcon Process. Click Here for Miranda Wecker's Declaration

In addition, look at the copy of the 1995 Washington State voters pamphlet. Referendum bill 45, establish the WDFW Commission.  Ironic that it states the purpose of establishing the WDFW Commission is increase transparency and remove politics from the management of fish and wildlife!  (CLICK HERE TO SEE VOTERS PAMPHLET

——————THFWA LEGAL UPDATE #9 ————————————

On December 24, 2010 WDFW filed a Motion For Summary Judgement requesting the court to stand down one of the claims in the Advocacy complaint alleging WDFW is violating the Open Meeting Act (OPMA) during its North of Falcon (NOF) process wherein salmon seasons are set behind closed doors out of the view of the public.  On January 24, 2020, the Advocacy filed a "cross motion" response to WDFW's motion.  The dueling motions are currently scheduled for argument before the court at 9 AM on February 7, 2020 before presiding judge Erik D. Price in Thurston County Court in Olympia.

The response filed by the Advocacy legal representative Joe Frawley of the Olympia firm of Schefter & Frawley requests the judge rule to reject WDFW's motion and enter a ruling in favor of the Advocacy view that WDFW has violated the OPMA.  The move by WDFW does not effect the other legal complaints alleging WDFW also violated the Administrative Procedures Act (APA) and the Public Records Act (PRA).

The response filed by Frawley is a very strong document worthy of reading.  It explains how the 9 member Fish & Wildlife Commission was established by a vote of the people in 1995 with the direct intent of increasing public transparency over the management of fish &   wildlife in the state of Washington.  To the contrary, the NOF process utilized by WDFW has evolved to the opposite at the expense of the public and demise of the resources.   

The motion cites from the depositions conducted of WDFW senior staff earlier in the process.  Former Chairperson of the Fish & Wildlife Commission Miranda Wecker provides a declaration attached to the Advocacy response that provides a history of the demise of the  public transparency in the NOF and the public's growing dissatisfaction with the NOF process as the fish populations continue to decline.  Pat Patillo, who recently retired from WDFW and was the lead negotiator for NOF for a number of years also provided a declaration confirming that the public can not meaningfully participate in NOF.

The Advocacy's cross motion is available  here-(CLICK HERE) . The declaration of Miranda Wecker is here (CLICK HERE). The declaration of Pat Patillo is (available on Jan. 27) and the voter's pamphlet for the referendum passed in 1995 by the voters is here(CLICK HERE)  WDFW's motion for summary judgement is here(CLICK HERE)

When one files motions, two complete copies have to be filed with the court and an additional copy provided to opposing counsel.  As you can see from the graphic above, Mr. Frawley had a day on Friday that resembled a UPS delivery man.  To say this effort to open doors for the public in North of Falcon requires commitment and dedication is truly an understatement.

------------End of THFW Update #9---------------------

If you would like to visit the THFW Legal page, follow this link, and PLEASE CONSIDER A DONATION TO HELP OFFSET LEGAL COSTS FOR THIS IMPORTANT FIGHT. THFWA Legal Page

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