WSR 01-21-115

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 23, 2001, 4:29 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-18-071.

     Title of Rule: Treaty hunting.

     Purpose: Establish hunting boundary.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Establishes southern boundary of Medicine Creek Treaty.

     Reasons Supporting Proposal: Provide definition for tribal hunting seasons.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     Name of Proponent: Department of Fish and Wildlife.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The southern boundary of the lands ceded under the Treaty of Medicine Creek has been in dispute, resulting in unclear enforcement capability and confusion in both treaty and nontreaty parties. The tribes and the state have submitted the question to a group of facilitators who determined the boundary, based on historical records and understandings. This rule attempts to capture the facilitator's determination to the closest geographical landmarks. This will result in clarification of the boundary for the purposes of setting tribal hunting seasons. Both the tribes and the state disclaim that this rule will bind any future holdings on rights or legal status.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects tribal hunters who are not hunting for commercial purposes. It does not affect small businesses.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Best Inn and Suites, 221 N.E. Chkalov, Vancouver, WA, on December 7-8, 2001, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Debbie Nelson by November 21, 2001, TDD (360) 902-2207, or (360) 902-2226.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by December 6, 2001.

     Date of Intended Adoption: December 7, 2001.

October 23, 2001

Evan Jacoby

Rules Coordinator

OTS-5279.3


NEW SECTION
WAC 232-12-253   Tribal hunting -- Medicine Creek Treaty hunters -- Agreed-to hunting boundary.   (1) It is lawful for individuals authorized by the Puyallup, Nisqually, Squaxin Island and Muckleshoot Indian tribes to exercise treaty hunting rights reserved by the Treaty of Medicine Creek, 10 Stat. 1132, within the lands ceded in the Medicine Creek Treaty lying north of the following line:

     Beginning at a point directly east of Mt. Rainier on the main crest of the Cascade Mountains; thence southerly from Naches Peak along the main crest of the Cascade Mountains to the summit of Old Snowy Mountain; thence southwesterly along the drainage divide between the Cowlitz and Cispus rivers passing through Snowgrass Flat to Elk Peak; thence continuing southwesterly along the drainage divide between the North Fork of the Cispus River and the Cispus River to Hamilton Buttes; thence westerly along the divide between Tinmonium Creek and Cat Creek to Blue Lake Ridge; thence southwesterly down Blue Lake Ridge across the Cispus River to Sunrise Peak; thence southwesterly to Badger Peak; thence northwesterly along the divide between the Cispus and Green rivers, passing by the northern side of Ryan Lake, to Vanson Peak; thence continuing northwesterly across Riffe Lake to a ridge known as Cottlers Rock; thence continuing northwesterly, passing through a point where the North Fork of the Tilton River meets the Tilton River, to Rooster Rock; thence northwesterly to the headwaters of the Skookumchuck River.

     (2) This rule is intended to address the limited issue of the geographic scope of the treaty hunting right and is not intended to change or alter the rights or legal status of either the state of Washington or any Indian tribe or tribal member.

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