S-1969.1          _______________________________________________


                            SUBSTITUTE SENATE BILL 5157



State of Washington              52nd Legislature             1991 Regular Session


By Senate Committee on Environment & Natural Resources (originally sponsored by Senators Barr, Hansen and Rasmussen).


Read first time March 6, 1991.Limiting the wildlife and fisheries agencies' power to grant Indian fishing and hunting rights outside the reservation.

     AN ACT Relating to hunting or fishing rights off the reservation of Indians; and adding a new section to chapter 77.12 RCW.




     NEW SECTION.  Sec. 1.  A new section is added to chapter 77.12 RCW to read as follows:

     No agreement between a tribe and the department of wildlife shall be effective until approved by the wildlife commission after public hearings have been held on the proposed agreement.  The department shall not grant any special hunting or fishing privileges or rights to any tribe or any tribal members except by an agreement approved by the commission.

     Unless the wildlife commission first determines that under federal law a tribe or its members have reservation hunting or fishing rights outside the reservation, the department of wildlife may not grant any special hunting or fishing privileges or rights outside the reservation to such tribe or any of its members.  A determination made under this section shall be in writing and shall contain the legal basis for the determination.  The term "special hunting or fishing privileges or rights outside the reservation" means privileges or rights generally limited to the tribe or its members and not available to all other hunters or fishers.