AN ACT Relating to tribal-state relations regarding fish and wildlife; amending RCW 77.04.055; and adding a new section to chapter 77.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1.  RCW 77.04.055 and 2000 c 107 s 204 are each amended to read as follows:

(1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:

(a) Review and prescribe basic goals and objectives related to those policies; ((and))

(b) Review the performance of the department in implementing fish and wildlife policies; and

(c) Report on all policy goals, objectives, and performance in relation to tribal treaties and other federally recognized tribal rights.

(2) The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.

(((2))) (3) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.

(((3))) (4) The commission shall establish provisions regulating food fish and shellfish as provided in RCW 77.12.047.

(((4))) (5) The commission shall have final approval authority for ((tribal,)) interstate, international, and any other department agreements relating to fish and wildlife.

(((5))) (6) The commission shall adopt rules to implement the state's fish and wildlife laws.

(((6))) (7) The commission shall have final approval authority for the department's budget proposals.

(((7))) (8) The commission shall select its own staff and shall appoint the director of the department. The director and commission staff shall serve at the pleasure of the commission.

NEW SECTION.  Sec. 2.  A new section is added to chapter 77.04 RCW to read as follows:

(1) The governor has final approval authority for any agreement between the department and a federally recognized tribe related to fish and wildlife. However, the governor may not require the commission or the department to alter the terms of an agreement between the department and a federally recognized tribe, in effect as of July 1, 2015. 

(2) Until January 1, 2018, the governor may direct the commission to amend or reject any policies related to tribal treaties and other federally recognized tribal rights that do not comport with the government-to-government relationship between the state and federally recognized tribes within the state. 

(3) Beginning January 1, 2018, the governor must approve any policy or rule directly addressing or affecting a tribal treaty or other federally recognized tribal right related to fish and wildlife.

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