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State Representative Ed Orcutt - 18th Legislative District

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FOR IMMEDIATE RELEASE

Oct. 12, 2007

 


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
 

 
 

House Republican Communications - (360) 786-7031 * 408 John L. O'Brien Bldg. * Olympia, WA 98504-0600