A national sportsmen's group says it has found “egregious” violations of Washington’s Public Records Act by the state’s Department of Fish and Wildlife commissioners, and it's asking Gov. Bob Ferguson to remove them.
The Sportsmen’s Alliance initially requested records after commissioners, who set policy for the state Fish and Wildlife department, voted to cancel spring bear hunting season indefinitely in 2022, which upset some hunters.
A commissioner said during that meeting they received a text from a constituent, prompting the Sportsmen’s Alliance to file a public records request with the agency in September 2023.
That commissioner informed WDFW staff they didn't have the text after records requests were filed for it. The state Public Records Act requires the commissioners to retain official records, including texts.
The Sportsmen’s Alliance filed a lawsuit against WDFW in Thurston County Superior Court in January seeking the public records related to their request. The organization said the “vast majority” of the records were only delivered after the lawsuit was filed.
Todd Adkins, senior vice president for the Sportsmen’s Alliance, said the group plans to file a motion for summary judgment in that lawsuit Thursday. The first hearing for the lawsuit is Aug. 1.
On Friday, the U.S. Sportsmen’s Alliance filed supplemental evidence to a petition filed with the governor in May asking Ferguson to remove the four commissioners after it discovered “undeniable evidence that commissioners have, or intended to, destroyed or deleted substantive public records.”
“The point is, you're not supposed to be conducting business in the dark,” said Adkins.
In response to questions from The Seattle Times, the Fish and Wildlife Department declined to comment due to the pending lawsuit and sent a May news release saying it had released records to the Sportsmen’s Alliance. The agency directed reporters to Ferguson’s office.
Brionna Aho, a spokesperson for Ferguson’s office, said in an email it received the petition and amendment Friday, and was in the process of reviewing the information.
The Sportsmen’s Alliance represents members in all 50 states, Adkins said. Some of its Washington members flagged their concerns to the organization after the 2022 vote. Commissioners voted 5-4 against recreational spring bear hunting, citing concerns about killing nursing bear mothers, which may orphan cubs.
Since the 2022 vote, the ban has been extended indefinitely. Bear hunters have petitioned the commission several times since then, but commissioners have said they will not reinstate the hunts until there is a reason to do so. Hunters argue that the hunts teach people to make ethical choices, and say the hunts protect elk and deer populations, as well as human safety. In contrast, Oregon still allows spring bear hunting.
The Sportsmen’s Alliance’s petition said the records it received showed “one egregious example after another of violations of open meetings requirements,” along with “open flouting” of state laws, “a patent disregard of the interest of Indian tribes,” and general disdain for the public’s involvement in government processes.
Records posted online by the organization show a commissioner repeatedly asking other commissioners and staff members to delete texts discussing WDFW commission matters, which would be a violation of the Public Records Act.
After the request by the Sportsmen’s Alliance, one commissioner admitted to possibly deleting records before they “knew of the importance of retaining such emails.”
The state’s Public Records Act says anyone who destroys or conceals public records willfully is guilty of a class C felony, punishable by up to five years in jail and/or a fine up to $1,000.
The Sportsmen’s Alliance said in its Friday petition that the evidence is “more than enough evidence of misconduct, malfeasance, and incompetence to justify dismissal” of commissioners.
In total, WDFW has nine governor-appointed commissioners who have six-year terms. All four commissioners at the heart of the petition and lawsuit were appointed by former Gov. Jay Inslee.
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