Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-06-034.

     Title of Rule: Tribal hunting enforcement policy.

     Purpose: Establish enforcement policy regarding Medicine Creek Treaty hunters.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.15.410.

     Summary: Establishes interim enforcement and management line.

     Reasons Supporting Proposal: Coordination of wildlife enforcement and resource planning.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 600 Capitol Way North, Olympia, (360) 902-2930; Implementation: Dave Brittell, 600 Capitol Way North, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, (360) 902-2373.

     Name of Proponent: Washington State Department of Fish and Wildlife, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: This rule will establish an interim enforcement and management line to be acknowledged by the tribes signatory to the Treaty of Medicine Creek, the department, and local prosecutors. This rule is intended to address a long-standing controversy over the extent of treaty entitled hunting areas in the southern region of the lands ceded under the treaty. It is anticipated that this rule will obviate the need for litigation.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small businesses. It affects subsistence hunting.

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

     Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street, Olympia, WA, on June 7-8, 2002, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Debbie Nelson by May 31, 2002, TDD (360) 902-2207, or (360) 902-2267.

     Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by June 3, 2002.

     Date of Intended Adoption: June 7, 2002.

May 1, 2002

Evan Jacoby

Rules Coordinator

OTS-5611.2

AMENDATORY SECTION(Amending Order 01-289, filed 2/11/02, effective 3/14/02)

WAC 232-12-253   Tribal hunting -- Medicine Creek Treaty hunters -- Enforcement policy.   (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)) This rule establishes an interim enforcement and management line intended to address a long-standing dispute over the location of the southern boundary of the area ceded by the tribes signatory to the Treaty of Medicine Creek, 10 Stat. 1132. This interim line will guide the enforcement efforts of the department and will enable the department, the county prosecutors of Thurston, Mason, Lewis, Pierce, and Grays Harbor counties, and the tribes signatory to the Treaty of Medicine Creek, to better coordinate wildlife enforcement and resource planning in the region, without the need for time-consuming and costly litigation.

     (2) For purposes of state law, enrolled members of the Puyallup, Nisqually, Squaxin Island and Muckleshoot Indian tribes, when authorized by their respective tribal governments, shall be deemed to be exercising their respective tribes' hunting right, as secured in the Treaty of Medicine Creek, when hunting on open and unclaimed lands, bounded on the west, north and east by the ceded area language contained in the Treaty of Medicine Creek, and lying north of the following line:

     From the main stem of the Skookumchuck River up the drainage divide to the central point between the Skookumchuck and the North Fork of the Tilton River; thence south along the drainage divide to the point where the Skookumchuck, Newaukum, and North Fork of the Tilton rivers meet just north of Newaukum Lake; thence southerly along the drainage divide to Rooster Rock; thence along the top of Bremer Mountain to the confluence of the North Fork of the Tilton River with the Tilton River; thence south to the top of peak (el. 2,960); thence south along the divide between the Cowlitz and Tilton rivers and along the summit of the ridge known as Cottler's Rock, staying on the divide to encompass all of Sand Creek; thence across the valley and up the northern drainage boundary of Landers Creek to Vanson Peak (el. 4,935); thence along the drainage divide between the Cowlitz and Green rivers, along the eastern shore of Deadman Lake to the summit of Goat Mountain; thence dropping through the pass along the drainage divide at Ryan Lake; thence along the drainage divide between the Cispus and Green rivers, and Clearwater Creek of the Lewis River and continuing southeasterly along the divide between the Cispus and Lewis rivers to Badger Peak; thence continuing along the divide to an unnamed peak (el. 5,295) located north of Dark Mountain; thence along the drainage divide between McKoy Creek and Dark Creek to Surprise Peak; thence along the drainage divide to the top of Spud Hill; thence down and across the Cispus River and up the face of Blue Lake Ridge to the divide between Mouse Creek and Blue Lake tributaries; thence along the divide between Timonium Creek and Cat Creek to Hamilton Buttes; thence along the divide between the North Fork of the Cispus River and the Cispus River to Elk Peak; thence continuing northeasterly along the same divide, and the divide between Johnson Creek and the Cispus River, passing through Buckhorn Camp (el. 6,240), honoring the divide between the Cowlitz and Cispus rivers, to the summit of Old Snowy Mountain; thence north along the crest of the Cascade range to Naches Peak; thence west through Chinook Pass along the divide of the Cowlitz River and the White River to the summit of Mt. Rainier.

     (((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.)) (3) State hunting laws shall apply to enrolled members of the Puyallup, Nisqually, Squaxin Island and Muckleshoot Indian tribes when hunting outside of the above-described area, or on lands that are not "open and unclaimed" within the above-described area.

     (4) This rule does not purport to define where the southern boundary of the Medicine Creek Ceded Area is in fact, nor does it represent an attempt to resolve any other legal issue regarding the nature or geographic scope of the hunting right secured by the Treaty of Medicine Creek.

[Statutory Authority: RCW 77.12.047. 02-05-021 (Order 01-289), § 232-12-253, filed 2/11/02, effective 3/14/02.]

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