Contact:
PO Box 40100
Olympia, WA 98504-0100
E-mail
The Fish, Wildlife and Parks Division consists of 10 attorneys and six professional staff. The division represents the Washington Department of Fish and Wildlife (WDFW) and the Washington State Parks and Recreation Commission in legal matters before state and federal courts and administrative tribunals. The division advises the client agencies on a broad array of natural resource and land management issues, criminal matters relating to exercise of the clients’ enforcement authorities, and assists local prosecutors in enforcement of the state Fish and Wildlife Code.
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The division provides advice and litigation services regarding a wide variety of issues associated with managing state natural resources. These issues include hunting and fishing regulation, endangered species, habitat protection, tribal issues, rule adoption, hydropower licensure, law enforcement, risk management, real property transactions and management, public works, concessions, and other contracts. Litigation typically involves the Endangered Species Act, Indian tribal rights, the state Environmental Policy Act, Shoreline Management Act and Growth Management Act, real property disputes, and appeals of licensing actions, civil forfeitures, hydraulic project approvals and forest practice permits.
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United States v. Washington (Boldt Phase II—Culverts): Indian tribes and the United States filed this litigation arguing that fish-blocking culverts on State-owned roads violate the right of taking fish reserved to the Tribes in various federal treaties negotiated in the mid-1800s. On August 22, 2007, the United States District Court for the Western District of Washington granted summary judgment in plaintiffs’ favor. The court held that the treaty right of taking fish requires the State to refrain from building or operating culverts under State-maintained roads that hinder fish passage and thereby diminish the number of fish that would otherwise be available for tribal harvest. The court declared that the State currently owns and operates culverts violating this duty. Since then, the parties have been attempting to negotiate a remedy consistent with the court’s judgment. Settlement negotiations are ongoing.
School Fire Settlement: In cooperation with the Natural Resources and Torts Divisions, the division secured a significant monetary settlement in favor of the state, to resolve pending state and federal court litigation stemming from the 50,000-acre School Fire in Columbia and Garfield Counties. The fire started when a dead Ponderosa Pine fell onto a high voltage utility power line. The resulting fire caused significant damage to private, state, and federal property, and imposed significant fire suppression costs on the state. The settlement resolved litigation in state and federal court, and benefited both private and governmental landowners.
United States v. Oregon: The division assisted in the negotiation of a 10-year agreement for managing state and tribal fisheries in the Columbia River, along with associated hatchery measures. The agreement took more than 10-years to negotiate. The resulting consent decree is intended to implement a judgment that was entered in 1969 in accordance with Sohappy v. Smith, 302 F. Supp. 899 (D. Or. 1969).
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Roadless Rule Litigation: In cooperation with the AGO’s Ecology Division, the division has been representing the State of Washington, through the Governor, in federal court litigation challenging a 2005 United States Forest Service rule that repealed a 2001 rule prohibiting road construction and harvest in inventoried roadless areas. In September 2006, a California federal court granted summary judgment in favor of the states of Washington, California, New Mexico, and Oregon, and invalidated the 2005 rule on NEPA and ESA grounds.
Hydropower Issues: The division represents WDFW and the State Parks and Recreation Commission in proceedings before the Federal Energy Regulatory Commission (FERC) and federal courts, concerning the licensing of hydropower dams in the state. These are lengthy and complex proceedings, involving balancing the economics of electrical power generation and protection of wildlife, fish and other natural resources impacted by the presence and operation of the facilities. Division workload has significantly increased in the last several years as many of the large hydro projects in Washington are reaching the end of their first 50-year license and are in the process of applying for new licenses. More recently, we have seen a wave of applications to FERC for licensure of tidal energy generation facilities. The division assists its clients in their efforts to ensure that impacts to resources they manage are given appropriate consideration in the FERC process.
Statewide Trail System: The division continues to assist State Parks in its efforts to develop a statewide linear trail system. These include cooperative efforts with the state, federal and local governments and non-profit organizations to develop the Klickitat Trail, manage the Mountains to Sound Greenway 100-Mile Corridor and resolve permit issues on the proposed Rocky Reach Trail.
Cama Beach State Park: The division has been assisting State Parks in its efforts to develop a new park on the site of a 1930s-era fishing resort on Camano Island. The discovery of human remains and archeological artifacts has complicated the project. The division represented State Parks in litigation by the Tulalip Tribes challenging Parks’ archeological excavation permit and other permits for the project.
Mineral Prospecting Rules: The division assisted WDFW with a major re-write of the rules pertaining to mineral prospecting in state waters under the regulatory authority of the Hydraulic Code.
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