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Orcutt testifies against Fish and Wildlife
Commission rules
to restrict public access, conduct on state lands
Commission
hears comments, delays vote
"It's the wrong policy.
It's the wrong approach,"
Rep. Ed Orcutt
told the Washington Fish and Wildlife Commission, which
met
in Olympia today to consider
sweeping new rules that would severely limit public use and access
to state lands.
Under the proposal, a new
chapter would be added to the Washington Administrative Code (WAC) that
contains more than 20 new restrictions ranging from camping, campfires,
resource removal (such as huckleberry picking), behavior and conduct, to
further regulating public access of
Department of Fish and
Wildlife (DFW) lands.
"One of the things I try
to do as a legislator is open up access to public lands. This whole
policy is about reducing access to public lands," said Orcutt, R-Kalama,
who testified before the commission. "If you exclude all the honest
people from your public lands, the dishonest people who will cause
problems are still going to be out there and you have no eyes in the
woods to watch them. There will be nobody to report it and nobody to
provide any kind of peer pressure to prevent it."
Discussion of the new
rules comes just a day before the opening of modern firearm deer hunting
season when hundreds of hunters are heading for state lands. Orcutt
noted one section of the proposal which says it's DFW's "paramount
responsibility to preserve, protect, perpetuate, and manage the fish and
wildlife species of the state."
"I would like to see a
stronger statement that 'it is a primary objective of the department to
maximize hunting, fishing and other wildlife recreation,'" said Orcutt.
The 18th District lawmaker
noted his concerns about new restrictions regulating firearms, a
proposal to increase DFW enforcement officers, a provision prohibiting
unattended livestock from wandering onto public lands to graze, and new
requirements for licensed guides to obtain a second permit to work on
state lands.
"If he's already a
licensed guide, I question the need for a second permit. This goes
beyond what is necessary," said Orcutt. "When you make things more
restrictive on public lands, you push that pressure over onto private
lands."
Orcutt praised DFW for
finally acknowledging a year-and-a-half after the fact that elk winter
starvation rates on the mud flows around Mt. St. Helens were much higher
than "normal winter kill." However, he said that information may have
never been known had it not been for the watchful eyes of the public.
"That whole issue was
brought to me by an individual who was not a part of Fish and Wildlife.
If the department starts restricting who can go on their lands and when,
I may never have known about that important issue," added Orcutt. "These
are things I said were going on up there that the department at that
time denied. The department is now publicly recognizing there indeed was
a problem. I'm really concerned if you restrict access, the public may
not see those things. What will that mean for accountability?"
Several people voiced
their concerns to the commission about new regulations that would
prohibit removal of resources without a permit, including minerals such
as gold and silver. The new rules also would restrict harvest of
mushrooms, fruits and berries to one gallon per day for personal
consumption.
"I've been to other areas
of the state working to address the issue of huckleberry harvest and
this convolutes it even more. We should require a permit for people who
want to sell their berries," said Orcutt. "The Forest Service has a
three-gallon limit. The new state one-gallon limit will make it very
confusing and impossible for law enforcement to enforce. If someone
who's picked three gallons on U.S. Forest Service land comes onto state
lands, will they be arrested? We should not turn people into criminals
for doing something totally innocent. This proposal is extremely
ill-advised."
Finally, Orcutt noted that
a proposal to prohibit use of vehicles on Fish and Wildlife lands unless
otherwise posted constitutes a "de facto ban" against the public.
"This is a totally
different standard than what exists for private lands. Vehicles can be
used on private lands unless it is posted otherwise. Does the department
have enough money to go out and post in those areas where it is okay to
use snowmobiles or other vehicles? This proposal would ban that use
unless the department posts it is okay," said Orcutt. "That's not an
appropriate way to treat the public. It's a slap in the face to many of
these groups who have donated private lands for public use. It
discourages them from further donations to the state."
Commission Vice Chair
Miranda Wecker said the proposed policies have been developed over the
last six years and the process has been a "balancing act" between
protecting public resources and allowing public use of state lands. "I
understand your concerns," she said, "but we must look at this as a work
in progress. It's not been easy for any of us."
Orcutt said the backward
approach to over-restrict lands is not in the best interest of the
public.
"I think the better
approach is to figure out what areas are the most sensitive with the
greatest priority and restrict access to those areas only, rather than
providing a blanket access restriction now and deciding which areas
you'll open later," said Orcutt. "Because later becomes a year, two
years, and even 10 years -- and in the meantime, it's illegal for anyone
to use those areas. This will turn a lot of innocent people into
law-breakers, or it will force their activities onto private lands. I
recommend that you do not adopt these proposals today."
Following comment, the
commission agreed to delay a vote and continued the matter to its Dec.
7-8 meeting.
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For more information, contact:
John
Sattgast, Senior Information Officer: (360) 786-7257
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