READ FIRST TIME 02/19/13.   

     AN ACT Relating to hunting-related enforcement actions involving tribal members; amending RCW 77.04.055 and 77.15.075; adding a new section to chapter 77.15 RCW; and adding a new section to chapter 43.10 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 77.15 RCW to read as follows:
     (1) Upon presentation of a tribal identification card by a member of a federally recognized tribe to a fish and wildlife officer or ex officio fish and wildlife officer, the officer must immediately refer to the contents of the training module on tribal hunting rights produced by the office of the attorney general under section 2 of this act and take any applicable actions consistent with the contents of the module.
     (2) The requirements under subsection (1) of this section do not abrogate or otherwise affect the terms of any intergovernmental, mutual law enforcement assistance, or other cooperative agreement entered into by the member's tribe and the department or local law enforcement agency.
     (3) To maximize efficiency and mutual benefit in hunting enforcement, cooperative management and mutual law enforcement assistance agreements agreed to by tribes and the department or local law enforcement agency are encouraged on open and unclaimed lands where a tribe has a treaty or other federally recognized right to hunt.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.10 RCW to read as follows:
     (1) The office of the attorney general shall create a training module on tribal hunting rights to assist all general authority Washington peace officers with understanding the rights of tribal hunters, the related complexity of enforcing hunting laws, and the recommended course of action that should be taken by a peace officer when an individual presents a tribal identification card.
     (2) The training module required by this section must include information on the following aspects of tribal hunting law:
     (a) Applicable federal treaty provisions, including Article 5 of the treaty of Point Elliot, Article 4 of both the treaty of Neah Bay and the treaty of Point No Point, and Article 3 of both the treaty of Medicine Creek and the treaty of Olympia;
     (b) Case law interpretations of treaty rights, including State v. Miller (102 Wn.2d 678), State v. Buchanan (138 Wn.2d 186), and State v. Chambers (81 Wn.2d 929);
     (c) Tribal government status and general organization; and
     (d) Other sources of authority and information relevant to peace officers when enforcing the hunting laws and rules contained in Title 77 RCW and the corresponding administrative rules adopted by the fish and wildlife commission.
     (3) The training module required by this section must be updated as necessary to reflect evolving case law, treaty interpretations, generally accepted academic findings, agreements entered into by the states and tribes, and any other relevant developments related to tribal hunting law.

Sec. 3   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.
     (2)(a) The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.
     (((2))) (b) 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) The commission shall establish provisions regulating food fish and shellfish as provided in RCW 77.12.047.
     (4) The commission shall have final approval authority for tribal, interstate, international, and any other department agreements relating to fish and wildlife.
     (5)(a) The commission shall adopt rules to implement the state's fish and wildlife laws.
     (b) The commission shall adopt, and review and update as necessary, enforcement policies and guidelines related to tribal hunting rights that are based on the contents of the training module on tribal hunting rights produced by the office of the attorney general under section 2 of this act.
     (6) The commission shall have final approval authority for the department's budget proposals.
     (7) 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.

Sec. 4   RCW 77.15.075 and 2012 c 176 s 8 are each amended to read as follows:
     (1) Fish and wildlife officers shall have and exercise, throughout the state, such police powers and duties as are vested in sheriffs and peace officers generally. Fish and wildlife officers are general authority Washington peace officers.
     (2) An applicant for a fish and wildlife officer position must be a citizen of the United States of America who can read and write the English language. Before a person may be appointed to act as a fish and wildlife officer, the person shall meet the minimum standards for employment with the department, including successful completion of a psychological examination and polygraph examination or similar assessment procedure administered in accordance with the requirements of RCW 43.101.095(2).
     (3) Any liability or claim of liability under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under an agreement between the department and another agency.
     (4) The department may utilize the services of a volunteer chaplain as provided under chapter 41.22 RCW.
     (5) All fish and wildlife officers must, as part of their new officer training, receive at least four hours of training related to the training module on tribal hunting rights prepared by the office of the attorney general under section 2 of this act and any relevant policies adopted by the commission under RCW 77.04.055. This training must be repeated at least once a year for every fish and wildlife officer, with a focus on any recent changes to the module.