OLYMPIA — State and tribal officials are working to clarify the new Discover Pass program’s rules, which fail to spell out when tribal members are exempt from paying the fee for access to state parks and recreation land.
Court rulings make clear the state cannot impose a fee or other charge
on off-reservation activities including hunting and gathering, which are protected by treaties.
But the law establishing the 2-month-old Discover Pass is silent on the matter, creating a potential for conflicts between tribal members and enforcement officers of the three state agencies charging the fee, the tribes say.
Leaders of the Puyallup and Squaxin Island tribes raised the concern and offered solutions in letters to the state Fish and Wildlife Commission earlier this month.
State agencies responded last week by saying they want to talk.
“We realize that from an enforcement perspective this presents a challenge of recognizing which vehicles at a recreation site parking lot may belong to tribal members engaged in off-reservation hunting/fishing versus other recreational activities,” reads the Aug. 15 letter from the directors of the Department of Fish and Wildlife and Washington State Parks. Commissioner of Public Lands Peter Goldmark, who runs the Department of Natural Resources, also signed the letter.
Under the new state law, a daily or annual Discover Pass must be displayed on vehicles in state parks or on land controlled by the other two agencies. Passes are $10 for a day and $30 for a year, plus additional fees if purchased online or from a private vendor.
Money from sales is critically important for keeping parks open as that revenue replaces dollars lost through state budget cuts.
The program sets out a number of exceptions and exemptions. For example, those camping overnight in a state park do not need to buy a pass. Nor is one required for holders of certain hunting and fishing licenses on DFW recreation land.
Puyallup and Squaxin Island leaders said in their letter that there need to be ways to “reasonably, efficiently and fairly make the exemption available to tribal members exercising treaty rights.”
They suggest developing a specific pass for tribal members or giving tribal governments a supply of free passes to be handed out to members, enforcement officers and staff, as needed.
They also want the exemption spelled out on the state’s Discover Pass website and more training for state workers on the rules.
While only two tribes wrote to the state, the outcome will affect any federally recognized tribe with treaty rights in Washington.
“The Tulalip Tribes don’t anticipate any problems with the state over this issue,” George White, public affairs official for the Tulalip Tribes wrote in an email. He said there have been no problems so far involving Tulalip members.
“We think this will be more about working out the mechanics to provide no-fee access for tribal members,” he said. “Until we get further into the process with the state that is really all we can say at this point.”
The tribes’ letters appear focused on hunting, gathering and fishing and are unclear on whether they seek an exemption for entering state parks for picnicking or another reason not identified in a treaty.
Representatives from the tribes could not be reached for comment.
White, of the Tulalips, said it is something they are looking into but have not reached any conclusions.
Officials from the state agencies said they don’t know how broad an exemption is being sought.
In their response to the tribes, agency leaders said they have “initially agreed tribal members with tribal identification cards do not need a Discover Pass when exercising their treaty rights.”
They do not distinguish recreating from other activities, either.
Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com.
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