Port Gamble S’Klallam tribal officers were within their jurisdiction, operating on the tribe’s “usual and accustomed hunting grounds,” when they detained three hunters near Brinnon earlier this month, the tribe said in a newly released statement.
“On Saturday, Oct. 3, Natural Resources Enforcement officers, employed by the Port Gamble S’Klallam tribe, responded to a call about possible illegal elk hunting activities in Brinnon. These officers were the first to the scene,” said the tribe’s prepared statement, released Friday.
“Natural Re-sources Enforcement officers are mandated to respond when a possible violation is reported within the tribe’s usual and accustomed fishing and hunting grounds, and are expertly trained to handle these situations.”
Hunter files complaint
Adam Boling of Brinnon filed a complaint with the Jefferson County Sheriff’s Office on Oct. 5, saying that he, his 2-year-old son and two friends — Don Phipps and Danny Phipps, both of Shelton — were detained illegally by law enforcement agents of the Port Gamble S’Klallam tribe’s natural resources department at gunpoint for two hours while they were hunting on private property near Brinnon on Oct. 3.
Boling questioned the jurisidictional right of the tribal officers to detain them, as well as the length of time of the detention. The tribe did not cite the hunters.
Ginger Vaughan, spokeswoman for the tribe, said that tribe believes that the officers were working within their operating jurisdiction because they were within “usual and accustomed fishing and hunting grounds.”
“It is viewed that way, and that is why the officers responded to the call,” Vaughan said.
State, county report not finished
State and Jefferson County investigators had not completed their report by Friday into the Oct. 3 incident described by one of the hunters as an illegal detention by two Port Gamble S’Klallam Natural Resources law enforcement officers.
State Department of Fish and Wildlife Deputy Chief Mike Cenci said the report by his office and Jefferson County Sheriff’s Office will not be ready until late next week.
“Nothing new to report, other than we hope to have it ready soon,” Cenci said.
The tribe also has started an investigation into the matter.
“To ensure all voices are heard, the Port Gamble S’Klallam tribe has commissioned an independent investigation into the events surrounding this situation,” the statement said.
At the same time, the tribe is working with both the county and state, it said.
Boling said in his complaint that agents approached him and his friends with guns drawn, after Don Phipps shot and killed an elk under the conditions of a special permit.
He also said his 2-year-old son wandered around the area crying while the three men were detained.
Cenci has said that the hunter was in an open area for licensed hunters with a special permit to hunt elk with a muzzle loader rifle, and that the hunter had a valid state hunting license.
McCollum has said the two officers were working as game agents under his department and not as tribal police.
Jefferson County Sheriff’s Sgt. Mike Stringer, who is a former officer with the Suquamish tribe, has said that all tribal officers have jurisdiction only on tribal land, or if they are dealing with tribal members or if they have a cross-commission from the sheriff.
The hunters who were detained were not Native American and the land near Brinnon — across Hood Canal from the Port Gamble reservation — is private property that is not tribal land, according to Boling.
Hernandez said the Port Gamble S’Klallam Tribal Police do not have a cross-commission with Jefferson County.
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Reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com.
