COME NOW plaintiffs, by and through counsel, and for their complaint against defendants allege as follows I. Plaintiffs are all residents of the state of Washington, residing primarily in Skagit and Whatcom Counties. No plaintiff is a member of any Indian tribe. All plaintiffs possess Washington state commercial salmon fishing licenses, or derive income from the commercial harvest of salmon in Washington, and are in all ways qualified to bring and maintain this action.
Plaintiffs incorporate the above allegations by reference as though expressly rewritten herein.
RCW 4.92.100 and110 require that, for damages arising out oftortious conduct, plaintiffs file a claim with the state risk management office as a prerequisite to suit. Plaintiffs assert violations of constitutional rights, and exhaustion of administrative remedies would be futile. Accordingly, no administrative claim has been filed. Regulations necessary to manage the fishery in a manner consistent with implementation of tribal treaty rights can be promulgated and enforced by the state of Washington. Defendants have breached this duty by failing to preserve, protect, perpetuate, and manage the fishery in such a way as to enhance and improve the commercial salmon fishery.