[atlas:bill]

AN ACT Relating to the authority of the department of fish and wildlife to regulate Native American hunting on open and unclaimed lands; adding new sections to chapter 77.16 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 77.16 RCW to read as follows:

The legislature finds that federally recognized Native American tribes are guaranteed the privilege of hunting on all open and unclaimed lands within the borders of the state of Washington. This privilege was originally established through the Stevens treaties and has been affirmed through subsequent case law.

The legislature further finds that it has sovereign authority under the United States Constitution to regulate hunting in the state of Washington. The legislature may establish regulations applying to Native American hunters who hunt on open and unclaimed lands within the state, regulations that are nondiscriminatory and are reasonable and necessary for the conservation of wildlife species, as has been consistently upheld by state and federal courts.

The legislature further finds that several federally recognized Native American tribes regulate the hunting activities of their members on the open and unclaimed lands of the state. Many tribes have implemented comprehensive regulations that are effectively enforced by tribal officers both on and off the reservation. The tribes have gathered valuable scientific data and information, and manage their hunting activities in a manner that ensures species conservation.

The legislature further finds that the state has a reasonable and necessary conservation interest in ensuring that the wildlife resources of the state are not over-harvested. To this end, it is necessary to ensure that all hunters be regulated by some authority. Regulation by either state or tribal authorities requires the ability to verify which hunters are lawful and which are not. It is therefore reasonable and necessary for conservation purposes that all hunters be licensed either by the state or by tribes, and that every unlicensed hunter be subject to enforcement action regardless of whether the hunter is tribal or nontribal.

The legislature further finds that it may establish regulations which are rationally related to ensuring the public safety and welfare of the citizenry. A considerable tension has grown between tribal and nontribal hunters based upon perceptions of fairness and equity held by both groups. If left unchecked, this tension has the potential to result in considerable animosity, prejudice, and even violence. This tension can only be resolved through the uniform and nondiscriminatory regulation of all hunters.

NEW SECTION. Sec. 2. A new section is added to chapter 77.16 RCW to read as follows:

(1) The department shall enforce the hunting laws and regulations of the state on the open and unclaimed lands of the state. The department shall not enforce such laws and regulations against any person possessing a hunting license, which includes a picture identification, and a transportation tag, issued by a federally recognized Native American tribal authority. In implementing this section, the department shall not discriminate against tribal hunters in any way, and shall fully enforce the hunting and conservation laws of the state.

(2) The department shall review all tribal hunting laws and regulations, and identify any tribal hunting laws and regulations that substantially impede the enforcement of state hunting laws and regulations. If the department finds that any tribal law or regulation impedes the enforcement of state hunting laws or regulations, the department shall notify the tribal hunting authority responsible for enforcing that tribal law or regulation, indicating the nature of the impediment. The department shall request a meeting with the tribal hunting authority, and take all reasonable measures to resolve the impediment to the enforcement of state hunting laws and regulations. If the tribal authority does not respond to the request of the department within sixty days, the department shall enforce the hunting laws and regulations of the state on the open and unclaimed lands of the state equally between native and nonnative hunters.

NEW SECTION. Sec. 3. A new section is added to chapter 77.16 RCW to read as follows:

The attorney general shall assist the department in enforcing all state laws and regulations reasonably necessary for the conservation of wildlife species. The attorney general shall apply all state laws and regulations equally to tribal and nontribal hunters on open and unclaimed lands within the state, consistent with section 2 of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 77.16 RCW to read as follows:

In the event of any act of God or naturally occurring disaster which causes wildlife species of the state to become excessively vulnerable to hunting on open and unclaimed lands within the state, the department shall enforce the laws and regulations of the state against any person, including members of federally recognized Native American tribes. The department may not enforce the laws and regulations of the state against a member of a federally recognized Native American tribe whose tribe has adopted rules or regulations that govern the situation.

NEW SECTION. Sec. 5. A new section is added to chapter 77.16 RCW to read as follows:

At the request of tribal elders, if a hunting offense not proscribed by the laws of the United States is committed by a nontribal hunter on the reservation of a federally recognized Native American tribe, the offense is subject to the same penalties provided under chapter 77.15 RCW.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.