Cowlitzfisherman
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steelie
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City of Forks files steelhead petition
Posted on Tuesday 13 April @ 10:58:18
http://www.forksforum.com/index.php
Late Friday, the City of Forks’ petition, requesting that WAC 232-12-619 be amended to allow for the retention of wild steelhead, was filed with the Director of the Washington Department of Fish and Wildlife and also the Fish and Wildlife Commission.
The petition was filed by the City of Forks, Mayor Nedra Reed and Dan Leinan as petitioners and had the support of the Forks Chamber of Commerce, the King County Sports Council and the Cowlitz Plan for Restoration-Fish. Other individuals who supported the petition include John Kelly, Bob Reid, Prof. Steve Mathews (Ret.) and Ruby Swagerty.
The petition was filed under the Washington Administrative Procedures Act. It requests the department and the commission to consider amending the sports fishing rules for 2004-05, as well as any rule associated with the 2005-06 rule period, to reverse the recently adopted moratorium on the retention of wild steelhead. The moratorium was adopted on 6 Feb 2004 as part of the Wildlife Commission’s revision to the state’s sport fishing rules. Those rules were published in the state register on 7 April 2004 and will take effect on 1 May 2004. The winter wild steelhead season ends in late April for the rivers in and about Forks.
We informed the commission and the department that if the moratorium was not rescinded that we would utilize the means available to us to have it rescinded, noted Mayor Reed. We met with members of the department and the commission in early March, and while the start date of the moratorium was modified, the moratorium itself was not repealed. As a result, we have filed a petition asking that the harvest rules for wild steelhead be amended to read as they did in 2003-2004. We have six months before the start of the next winter wild steelhead season – so now is the time to truly assess the issue of wild steelhead management on the Olympic Peninsula.
Our petition addresses the issue of whether or not it can be demonstrated that the adopted rule was substantially different from that which was proposed in the written notice, continued Reed. I believe that we clearly demonstrated that difference in the petition we submitted on Friday.
Under the Washington Administrative Procedures Act, the commission has sixty days to respond to the city’s petition. As to next steps, we must wait for a determination of the department and/or the commission as to whether or not the proposal we put forward will be subject to rule making, Reed said. If our petition is denied, we may end up in the court room. My hope, however, is that the commission and the department will decide to open the issue of wild steelhead retention to a thorough public rule making process. We now just have to wait and see.
Cowlitzfisherman
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jimh
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Interesting, someone posted on another board that something was up.
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Trouthead
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It amazes me that this city thinks that if fisherpeople don't get to kill the fish that we won't fish the local rivers. BUNK!! The majority of us don't kill natives anyway, legal or not. I'd like to see their documented proof that not killing the fish would kill their economy. I don't want to support any town that promotes killing native fish. 
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Marty
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Trouthead I live in port angeles and saw what a closure will do to a economy. Sekiu and Port Angeles economies were greatly effected when fishing was shut down. They still haven't fully recovered as fishing communities. CnR was available but nobody came to buy gas, eat food or stay overnight.
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Marty
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AuntyM
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They are following the rules allowed by law. Communities have a right to be taken into consideration. WSR may or may NOT have an impact on their livelyhood.
If the commission screwed up, they'll just have to fix it one way or another.
That doesn't mean the group (WSC) that lobbied for this did anything wrong, as was implied/stated elsewhere on the internet. 
Marty, didn't the C&R coincide with really lousy fishing? Wasn't there more to that whole thing like problems with Canadian commercials overfishing and the treaty between BC, Alaska, WA and OR?
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SciGuy
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I think most people would not fish for salmon (especially in the salt) if they could only CNR. However, I would guess that many/most people would still target steelhead if CNR/WSR was enforced. So, I doubt that what happened to Sekiu and PA would also happen in Forks.
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Bill
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Marty
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Aunty lousy fishing for who? Because of us being able to target fish on the way by to their poor habitat and overfishing in other areas we bore the brunt of the closures, still do with limited seasons. To many issues to list them all on the whys and whos of the salmon closures in the straits. I am just happy to be ABLE to wet a line and it took a long time to get proper management measures in place for limited fishing.
The city has a right to be heard and I am glad they get a chance. On a personal level I would like to see the rivers be restored to there former glory. To do that it will take the tribe, federal and state working together. What the state gives up the tribe takes.. I don't like that. If the tribe wouldn't take .. I would be estatic. Agreements aren't in place to make that happen!! Comanagement sucks!!
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Marty
Got Your Steelheader.net stickers?
Pay it forward
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Cowlitzfisherman
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steelie
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What a lot of people seem to fail to understand here is that the WSR moratorium failed to go through the public process. Washington State peoples have through their legislation, developed a legal process which all agencies must follow , and it is called the Washington Administration Procedure Act (WAPA). The act allows its people to have fair and reasonable notice when the Commission or any other agency intends on considering taking an action.
The wild steelhead moratorium clearly did not follow the legal process under the APA.
It is our position that the commission has failed to follow the rules under the WAPA. Way too many people have tried to make this a personal attack against a special interst group called WSC. WSC is not being legally cited in the petition as doing anything illegal or wrong, and many people are confusing the issue or have gotten side tracked about the real issue. The real issue here is that our governmental agencies (the commission) must apply the same rules of law to all parties when making their decisions.
Can you even imagine what would happen to our hunting fishing privileges, if say, a radical group such as PETA had lobbied a couple "friendly commissioners" to there cause to bring up an issue that was not even listed in the proposed rule package that was sent out for public comment, and then at a commission meeting managed to get their agenda passed when that the issue was not even shown to be on the commissions agenda?
In the next couple of days, the petition will be available for everyone to read in a PDF format on the Forks City web site. Once people read the petition, they will have a much better understand of how the Commission must follow the rules under the WAPA. It's my opinion that once people fully understand what it says and asks for in relief, that it will get huge support from the sport fishing community.
It simply asks that the commission restart the rule making process over again and allow full public participation and comment to be made. Now if you're for or against a statewide wild steelhead release, what could possibly be wrong with letting everyone speak their mind and then allow the commission to decide after hearing all the facts from both sides?
Cowlitzfisherman
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CCA Your Best Bet For The Fish
Edited by Cowlitzfisherman (04/13/04 02:15 PM)
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BEANCOUNTER
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Right on Cowlitz. Coming from Eastern Washington to this side, harvesting native fish has never been the issue for me with the no harvest ruling (can't do it anywhere in Eastern WA). It is the fact that the commision decided one day to inact the thing w/o concent of the peolpe. We cannot stand by and allow gov't agencies decide these things on a whim, w/o The Peolpe being involved in the decision process
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SciGuy
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Yeah right. Do you really expect anyone to believe that the REAL reason behind the petition is that Forks is truly concerned about the legislative process and that the closure didn't follow WAPA procedure and that everyone wasn't given "fair and reasonable notice"? C'mon. We all know what the real reason is.
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Bill
Put 'em back.
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AuntyM
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Quote:
What a lot of people seem to fail to understand here is that the WSR moratorium failed to go through the public process.
Uh, no. That is your contention, not anyone's failure to understand. You haven't proven your case. All you have done is file a petition with a threat to sue. Until such time as the AG agrees or a judge rules that what you contend is indeed the case, it's merely your/Forks opinion against the Commission's opinion.
Forks deserves the right to the public process. They don't have a right to control fisheries if a moratorium should be in place. Let the science speak for itself. 
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Landslide: Stevie Nicks greatest song!
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Cowlitzfisherman
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steelie
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What "science" are you referring to? Is your science, the 5 or 6 charts from WSC? Is that all the "science" that you need to justify closing all harvest of wild steelhead? Don't you think that there was a lot of science that didn't get to be reviewed?
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CCA Your Best Bet For The Fish
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Hairlipangler
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"Forks deserves the right to the public process. They don't have a right to control fisheries if a moratorium should be in place. Let the science speak for itself."
OK Aunty, lets just let the WSC decide on thier own what is best for the fisheries. NO ONE ELSE GOT A CHANCE TO SUBMIT THIER VERSION OF THE SCIENCE!!!
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AuntyM
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CFM,
Welcome to the land of truly open debate where people don't get banned for having the opposing opinion.
I think you will find that you were wrong about this board administrator. We are allowed to debate and argue to our hearts content as long as we play nice and don't sling insults. I must warn you though, when this topic has run it's course, it will probably get "filed" away in the appropriate forum. Please DO NOT take it personally this time. I do not have verification, but I suspect the administrator is one of those organized individuals that likes to keep things tidy. 
Now for your question! The science is the charts AND white paper from the WSC that convinced the majority of commissioners.
That, and 20 years of declines. The current management scheme (business as usual) led us to this point. WSR is the first in a series of steps that must be accomplished it we are to protect the runs from further declines.
That is my opinion as an affected sport fisherWOMAN. No more, no less.
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Landslide: Stevie Nicks greatest song!
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The Monster Breathes!
"Don't fall in!" Doug Richert Sr. 10/18/2008
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AuntyM
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Hairlip,
No one else? Seems to me I remember in the minutes CFM posted there were several someone else's present that had their say. I think the Commission was looking at the public testimony they got 2 years ago also. Feel free to attend the next commission meeting and ask, or better yet, email and ask! However, if it's decided that there will be additional public participation, it's the smart thing to do.
I did not post that the WSC should be the only ones to have a say.
Just a little hint for you when debating. The use of absolutes foils even the best debater. (she said foils! ahahahahaha!)
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Landslide: Stevie Nicks greatest song!
http://www.ccapnw.org
The Monster Breathes!
"Don't fall in!" Doug Richert Sr. 10/18/2008
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Hairlipangler
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Aunty, please, dont correct my grammer. It's my "style". And I dont want your advise on debating, or anything other than fishing. Enjoy your semantical arguement. We'll see how it all washes out. Right now, I'm thinkin the commision would like to distance themselves from the WSC(at least 3 of them) and given an easy way out of this hole, they'll take it.
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'A government big enough to give you everything you want, is big enough to take away everything you have.' - Thomas Jefferson
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DanS
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It's 'grammar'........and she didn't correct yours.
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Dude......where's your rod??
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Hairlipangler
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Way to bring it to the table Dan. Who asked you? I'll spell any way I want to. Your condescending lip is perpetuating the same stereotypical elitist attitude as the WSC. Hope that works out for you.
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'A government big enough to give you everything you want, is big enough to take away everything you have.' - Thomas Jefferson
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DanS
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Whatever.
Shouldn't have said a word. But, AM didn't speak to you in an insulting manner, did she?
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Dude......where's your rod??
Edited by DanS (04/13/04 04:47 PM)
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Hairlipangler
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Yeah, when it works in your favor Dan, you fall back on etiquette. If the subject gets too rough for you, you can ban the person you dont agree with. Again, you people live in a glass house. And you only survive where your safe. I can take anything you got Dan.
And Dan, way to divert the topic to one you haven't already lost.
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'A government big enough to give you everything you want, is big enough to take away everything you have.' - Thomas Jefferson
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fish4steel
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Guys, please keep it in line and don't start calling each other names, that's what ruins the attempt by some to discuss a difference of opinion.
Each of us has our personal beliefs on bonking wild steel. Some of us are 100% against it, some of us feel it is OK to bonk one once in a while, and a few want to kill every one they catch. We have to agree to disagree on our OPINIONS, but I would like to believe that we all want what is best for the fish, and as Marty pointed out, it would appear the the co-management system needs some changes. And that's my two cents.
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DanS
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Sorry mods & Hairlipangler.........I was getting out of line there.
Apologies to you.
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Dude......where's your rod??
Edited by DanS (04/13/04 06:49 PM)
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AuntyM
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Umm, Marty let's his mods moderate hairlip. He does not ban unless it's for an extreme violation. The worst that can happen is this thread gets locked.
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Landslide: Stevie Nicks greatest song!
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The Monster Breathes!
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Dances
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I think I am just going to stay out of this one to much name callin going on for me.
But I know what AuntyM is talkin about when she says let the science speak for its self. if you dont believe the charts look them up for your self.
Dances
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BARCHASER
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I signed the petition in February. Call me what ever name you want to. A more reasonable approach is needed. Let the guys keep a real trophy over 36 inches or whatever. Limit 1 or 2 a year. That would help insure that Forks gets paying fisherman other than the elitists. It would give the average occasional fisherman a chance at a trophy, and a reason to go there. Those folks have been through economic hell. If they think they need this, give 'em a break.
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AuntyM
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Barchaser,
No name calling here. This argument is no different than the farmer fighting for water, the dam operator holding back water etc. Sacrifices will need to be made. We can do that now, while we still have a chance, or we can wait until every OP river isn't meeting escapement.
Forks is not the only community to go through economic hell. It is entirely possible that WSR could have a positive effect and not negative. We simply can't predict what these insane, obsessed, spend every dime to catch a steelhead characters will do! Since most are usd to releasing wild fish already, they may swarm to Forks!
If you think your idea is feasible, perhaps it should be presented to the commission?
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Landslide: Stevie Nicks greatest song!
http://www.ccapnw.org
The Monster Breathes!
"Don't fall in!" Doug Richert Sr. 10/18/2008
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WoodsyWayne
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