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CITIZENS FOR RESPONSIBLE WILDLIFE v. STATE

No. 30940-8-II.

103 P.3d 203 (2004)

124 Wash.App. 566

CITIZENS FOR RESPONSIBLE WILDLIFE MANAGEMENT; Inland Northwest Wildlife Council; Washingtonians for Wildlife Conservation; Citizens for Washington Wildlife; Naia Trust; Ballot Issues Coalition; King County Outdoor Sports Council; Hunters Heritage Council; Washington Falconers Association; North American Falconers Association; Purse Seine Vessel Owners Association; Washington State Sheep Producers; and Washington Women for Commercial Fishing, Appellants, v. STATE of Washington, Respondent. and Protect Pets and Wildlife, Defendant/Intervenors.

Court of Appeals of Washington, Division 2.

December 7, 2004.

Attorney(s) appearing for the Case

Richard Allan Dubey, Scott Michael Missall, Constance Susan M. Martin, Short, Cressman & Burgess, PLLC, Seattle, WA, for Appellants.

Shawn Timothy Newman, Attorney at Law, Mary Sue Wilson, Atty General's Office/Fish & Wildlife Div, Olympia, WA, for Respondents.

ARMSTRONG, J.

Citizens for Responsible Wildlife Management and twelve other organizations challenge Initiatives 655 and 713 (the Initiatives), which prohibit various hunting and trapping practices. Citizens argues that the Initiatives violate the State's duty to control and manage wildlife for the public's benefit (public trust doctrine). Assuming without deciding that the public trust doctrine applies, Citizens' challenge fails because the State did not relinquish...

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