Washington Fish and Wildlife Commission Meeting Agenda: August 6-7, 2004

AGENDA

FISH AND WILDLIFE COMMISSION MEETING
August 6-7, 2004
Embassy Suites Hotel
20610 44th Avenue West
Lynnwood, Washington 98036

FRIDAY, AUGUST 6 - 9:00 A.M.

9:00 a.m. COMMISSIONERS' DISCUSSION
Commissioners will discuss recent activities and items of general interest and provide status reports on Commission committees.
DIRECTOR'S REPORT:
Director Koenings will review significant Department issues and activities.
BUDGET UPDATE:
Department staff will provide a status report on the Department's budget, including (1) closing out the 2004 fiscal year, and (2) status of the current biennial budget.
Staff Report:
Jim Lux, Assistant Director, Business Services
OPEN PUBLIC INPUT:
The Commission is a direct link between citizens of Washington and the Department of Fish and Wildlife. We encourage you to share your views of Department programs and issues that concern you during this portion of the meeting. (NOTE: This time is set aside for those who cannot be present later in the day. If workable, please provide your comments during the Open Public Input session later in the day.)
PUBLIC INPUT (Above Item Only)

1. DEPARTMENT PROPOSED 2005 AGENCY REQUEST LEGISLATION:
The Commission will review and consider approval of the Department's proposed 2005 agency request legislation for submission to the Office of Financial Management.
Staff report:
Tom Davis, Special Assistant, Legislative Affairs Office
PUBLIC INPUT (Above Item Only)

LUNCH BREAK

1:00 p.m.
2. DEPARTMENT 2005-07 OPERATING BUDGET REQUEST:
The Commission will review and consider approval of the Department's proposed 2005-07 operating budget request for submission to the Office of Financial Management.
Staff report:
Jim Lux, Assistant Director, Business Services
PUBLIC INPUT (Above Item Only)

3. DEPARTMENT 2005-07 CAPITAL BUDGET REQUEST:
The Commission will review and consider approval of the Department's proposed 2005-07 capital budget request for submission to the Office of Financial Management.
Staff report:
Jim Lux, Assistant Director, Business Services
Harvey Childs, Division Manager, Engineering and Capital Projects
PUBLIC INPUT (Above Item Only)

4.W.I.L.D. RECREATIONAL LICENSE SYSTEM FUTURE PLANS -- BRIEFING:
Department staff will brief the Commission on the status of reviewing the Washington Interactive Licensing Database (WILD), and on plans for continuing recreational license sales in the future.
Staff report:
Jim Lux, Assistant Director, Business Services
5. AMENDMENTS TO DEALER FEES RULE:
The Commission will consider adopting permanent rule amendments to WAC 220-55-115, Recreational license dealers' fees, to establish consistent recreational license dealer issuance fees.
Staff Report:
Jim Lux, Assistant Director, Business Services
PUBLIC INPUT (Above Item Only)

6. PROPOSED LAND TRANSACTIONS:
The Commission will consider approval of various proposed land transactions.
Staff Report:
Dan Budd, Real Estate Manager, Wildlife Program
7. ESTABLISHMENT OF 2004-05 MIGRATORY WATERFOWL SEASONS AND REGULATIONS:
The Commission will consider adoption of WAC 232-28-428, 2004-05 Migratory waterfowl seasons and regulations, and repeal of WAC 232-28-427, 2003-04 Migratory waterfowl seasons and regulations, to provide hunting recreation and damage control consistent with the status of waterfowl species and within frameworks established by the U.S. Fish and Wildlife Service.
Staff Report:
Don Kraege, Waterfowl Section Manager, Wildlife Program
PUBLIC INPUT (Above Item Only)

8. ADOPTION OF GAME RESERVES AND WATERFOWL CLOSURES RULES:
The Commission will consider adoption of WAC 232-16-610, Snipes Game Reserve, a permanent rule amendment to WAC 232-16-740, Columbia, Snake, and Yakima River waterfowl, coot, and snipe closures, and repeal of WAC 232-16-270, Moxee Game Reserve, to provide additional public hunting recreation consistent with the status of waterfowl species.
Staff Report:
Don Kraege, Waterfowl Section Manager, Wildlife Program; with
Al Sutlick, U.S. Corps of Engineers
PUBLIC INPUT (Above Item Only)

OPEN PUBLIC INPUT:
The Commission is a direct link between citizens of Washington and the Department of Fish and Wildlife. We encourage you to share your views of Department programs and issues that concern you during this portion of the meeting.
PUBLIC INPUT (Above Item Only)

5:30 p.m.
RECESS

SATURDAY, AUGUST 7 - 9:00 A.M.

9:00 a.m. OPEN PUBLIC INPUT:
The Commission is a direct link between citizens of Washington and the Department of Fish and Wildlife. We encourage you to share your views of Department programs and issues that concern you during this portion of the meeting. (NOTE: This time is set aside for those who cannot be present later in the day. If workable, please provide your comments during the Open Public Input session later in the day.)
PUBLIC INPUT (Above Item Only)

9. AMENDMENTS TO WILDLIFE REHABILITATION REQUIREMENTS:
The Commission will consider adoption of permanent rule amendments to WAC 232-12-275, Wildlife rehabilitation permits, that would establish oiled bird-specific rehabilitation requirements based on the best available science.
Staff Report:
Eric Larsen, Oil Spill Section Manager, Habitat Program
PUBLIC INPUT (Above Item Only)

10. AMENDMENTS TO COMMERCIAL HERRING RULES:
The Commission will consider adoption of permanent rule amendments to WAC 220-49-023, Herring reporting, that would accurately track the amount of herring placed in a net pen and ensure that all herring in the net pen are accounted for on fish tickets.
Staff Report:
Greg Bargmann, Marine Fish Manager, Fish Program
Mike Cenci, Captain, Enforcement Program
PUBLIC INPUT (Above Item Only)

11. AMENDMENTS TO HOOD CANAL FISHERIES RULES:
The Commission will consider adoption of the following permanent rule amendments to protect stocks/species in Hood Canal that cannot be adequately protected through the use of emergency rules:
- WAC 220-48-029, Set net--Dogfish--Seasons;
- WAC 220-48-032, Set line--Seasons;
- WAC 220-48-062, Drag seines--Seasons;
- WAC 220-49-020, Herring and anchovy--Seasons--Lawful gear--Purposes;
- WAC 220-49-056, Smelt fishing--Seasons;
- WAC 220-56-128, Food fish fishing--Closed areas;
- WAC 220-56-235, Possession limits--Bottomfish;
- WAC 220-56-267, Herring--Areas and seasons;
- WAC 220-56-270, Smelt--Areas and seasons;
- WAC 220-56-390, Squid, octopus; and
- WAC 220-56-420, Sea cucumbers.

Staff Report:
Morris Barker, Ph.D., State Marine Resources Manager, Fish Program
PUBLIC INPUT (Above Item Only)

12. AMENDMENTS TO SHELLFISH CLASSIFICATION RULES:
The Commission will consider adoption of permanent rule amendments to WAC 220-56-310, Shellfish - Daily limits, to clarify classified shellfish species and decrease confusion.
Staff Report:
Morris Barker, Ph.D., State Marine Resource Manager, Fish Program
PUBLIC INPUT (Above Item Only)

13. AMENDMENTS TO COMMERCIAL SEA URCHIN AND SEA CUCUMBER RULES:
The Commission will consider adopting permanent rule amendments to WAC 220-52-073, Sea urchins, and WAC 220-69-240, Duties of commercial purchasers and receivers, to improve reporting requirements.
Staff Report:
Morris Barker, Ph.D., State Marine Resource Manager, Fish Program
PUBLIC INPUT (Above Item Only)

14. AMENDMENTS TO CATCH DATA ACCOUNTING RULES:
A. The Commission will consider adoption of the following permanent rule amendments to clarify and increase accuracy of catch and harvest reporting primarily by fish buyers:
- WAC 220-69-210, Definitions;
- WAC 220-69-215, When state of Washington fish receiving tickets are required;
- WAC 220-69-220, When state of Washington fish receiving tickets are not required;
- WAC 220-69-23402, Description of aquatic farm production report;
- WAC 220-69-236, Description of catch record cards and required information;
WAC 220-69-240, Duties of commercial purchasers and receivers;
- WAC 220-69-241, Duties of commercial fishers;
- WAC 220-69-242, Duties of commercial shellfish shuckers;
- WAC 220-69-243, Duties of aquatic farmers;
- WAC 220-69-250, Required information on nontreaty fish receiving tickets;
- WAC 220-69-254, Required information on treaty Indian fish receiving tickets;
- WAC 220-69-260, Distribution of copies of nontreaty fish receiving tickets;
- WAC 220-69-264, Distribution of copies of treaty Indian fish receiving tickets;
- WAC 220-69-26401, Distribution of copies of shellfish receiving ticket;
- WAC 220-69-270, License cards;
- WAC 220-69-274, Signatures;
- WAC 220-69-280, Fish receiving ticket accountability; and
- WAC 220-69-300, Commercial food fish and shellfish transportation ticket.

B. The Commission will consider repeal of WAC 220-69-262, Distribution of copies of marine and utility fish receiving ticket.
Staff Report:
Evan Jacoby, Legal Services Unit, Enforcement Program
Mike Cenci, Statewide Marine Division, Enforcement Program
PUBLIC INPUT (Above Item Only)

15. REPEAL OF STREAM OBSTRUCTION HEARINGS PROCEDURE RULES:
The Commission will consider repeal of Chapter 220-120 WAC, Stream obstruction hearings procedure. This would allow each case to be considered on an individual basis.
Staff Report:
Evan Jacoby, Legal Services Unit, Enforcement Program
PUBLIC INPUT (Above Item Only)

16. ADOPTION OF COUGAR MANAGEMENT RULES:
Department staff and County Commissioners from five northeastern Washington counties (Chelan, Okanogan, Ferry, Stevens, and Pend Oreille) will review cougar management regulations that would establish a pilot cougar season as directed by the 2004 Legislature through the passage of SSB 6118. Following public input, the Commission will consider adoption of the following rule proposals:
- WAC 232-28-285, 2004-2005 Pilot cougar hunting seasons with the aid of dogs;
- Amendment to WAC 232-28-272, 2003-2004, 2004-2005, and 2005-2006 Black bear and cougar hunting seasons and regulations;
- Amendment to WAC 232-12-243, Public safety cougar removals; and
- Amendment to WAC 232-28-341, 2003-04, 2004-05, 2005-06 Small game seasons.

Staff Report:
Donny Martorello, Ph.D., Carnivore, Furbearer & Special Species Section Manager, Wildlife Program
PUBLIC INPUT (Above Item Only)

LUNCH BREAK

1:00 p.m.
17. AMENDMENTS TO 2004-2005 and 2005-2006 FURBEARER TRAPPING SEASONS RULES:
The Commission will consider adoption of permanent rule amendments to WAC 232-28-515, Trapping seasons and regulations, that would establish 2004-2005 and 2005-2006 furbearer trapping seasons.
Staff Report:
Donny Martorello, Ph.D., Carnivore, Furbearer & Special Species Section Manager, Wildlife Program
PUBLIC INPUT (Above Item Only)

18. AMENDMENTS TO CHRONIC WASTING DISEASE PROTECTION RULES:
The Commission will consider adoption of an emergency rule amendment to WAC 232-12- 021, Importation and retention of dead nonresident wildlife. This rule amendment would make it unlawful to import deer and elk harvested from states and Canadian provinces where chronic wasting disease is present in wild populations unless the animal carcasses were already boned out and processed. If adopted, the emergency rule would go into effect September 1 and last 120 days.
Staff Report:
Jerry Nelson, Ph.D., Deer and Elk Section Manager, Wildlife Program
PUBLIC INPUT (Above Item Only)

MISCELLANEOUS AND MEETING DEBRIEF:
The Commission will discuss items that arise immediately before or during the meeting but after the preliminary agenda is published.
OPEN PUBLIC INPUT:
The Commission is a direct link between citizens of Washington and the Department of Fish and Wildlife. We encourage you to share your views of Department programs and issues that concern you during this portion of the meeting.
PUBLIC INPUT (Above Item Only)

3:25 p.m.
ADJOURN

* This agenda is being distributed for early notification and is subject to change. Feel free to contact the Commission Office to verify the final agenda or to identify any special accommodation needs: Susan Yeager (360) 902-2267, TDD (360) 902-2207.
Meeting location:
Embassy Suites Hotel
20610 44th Avenue West
Lynnwood, Washington 98036
Directions:
From SEA-TAC Airport -
I-5 North, Exit 181A, Take Right, 44th Ave W, Take next right into I-5 Quandrant Center, Take 1st Right into Parking Lot.

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9:00 a.m.	COMMISSIONERS' DISCUSSION Commissioners will discuss recent activities and items of general interest and provide status reports on Commission committees. DIRECTOR'S REPORT: Director Koenings will review significant Department issues and activities. BUDGET UPDATE: Department staff will provide a status report on the Department's budget, including (1) closing out the 2004 fiscal year, and (2) status of the current biennial budget. Staff Report: Jim Lux, Assistant Director, Business Services OPEN PUBLIC INPUT: The Commission is a direct link between citizens of Washington and the Department of Fish and Wildlife. We encourage you to share your views of Department programs and issues that concern you during this portion of the meeting. (NOTE: This time is set aside for those who cannot be present later in the day. If workable, please provide your comments during the Open Public Input session later in the day.) PUBLIC INPUT (Above Item Only) 1. DEPARTMENT PROPOSED 2005 AGENCY REQUEST LEGISLATION: The Commission will review and consider approval of the Department's proposed 2005 agency request legislation for submission to the Office of Financial Management. Staff report: Tom Davis, Special Assistant, Legislative Affairs Office PUBLIC INPUT (Above Item Only)
LUNCH BREAK
1:00 p.m.	2. DEPARTMENT 2005-07 OPERATING BUDGET REQUEST: The Commission will review and consider approval of the Department's proposed 2005-07 operating budget request for submission to the Office of Financial Management. Staff report: Jim Lux, Assistant Director, Business Services PUBLIC INPUT (Above Item Only) 3. DEPARTMENT 2005-07 CAPITAL BUDGET REQUEST: The Commission will review and consider approval of the Department's proposed 2005-07 capital budget request for submission to the Office of Financial Management. Staff report: Jim Lux, Assistant Director, Business Services Harvey Childs, Division Manager, Engineering and Capital Projects PUBLIC INPUT (Above Item Only) 4.W.I.L.D. RECREATIONAL LICENSE SYSTEM FUTURE PLANS -- BRIEFING: Department staff will brief the Commission on the status of reviewing the Washington Interactive Licensing Database (WILD), and on plans for continuing recreational license sales in the future. Staff report: Jim Lux, Assistant Director, Business Services 5. AMENDMENTS TO DEALER FEES RULE: The Commission will consider adopting permanent rule amendments to WAC 220-55-115, Recreational license dealers' fees, to establish consistent recreational license dealer issuance fees. Staff Report: Jim Lux, Assistant Director, Business Services PUBLIC INPUT (Above Item Only) 6. PROPOSED LAND TRANSACTIONS: The Commission will consider approval of various proposed land transactions. Staff Report: Dan Budd, Real Estate Manager, Wildlife Program 7. ESTABLISHMENT OF 2004-05 MIGRATORY WATERFOWL SEASONS AND REGULATIONS: The Commission will consider adoption of WAC 232-28-428, 2004-05 Migratory waterfowl seasons and regulations, and repeal of WAC 232-28-427, 2003-04 Migratory waterfowl seasons and regulations, to provide hunting recreation and damage control consistent with the status of waterfowl species and within frameworks established by the U.S. Fish and Wildlife Service. Staff Report: Don Kraege, Waterfowl Section Manager, Wildlife Program PUBLIC INPUT (Above Item Only) 8. ADOPTION OF GAME RESERVES AND WATERFOWL CLOSURES RULES: The Commission will consider adoption of WAC 232-16-610, Snipes Game Reserve, a permanent rule amendment to WAC 232-16-740, Columbia, Snake, and Yakima River waterfowl, coot, and snipe closures, and repeal of WAC 232-16-270, Moxee Game Reserve, to provide additional public hunting recreation consistent with the status of waterfowl species. Staff Report: Don Kraege, Waterfowl Section Manager, Wildlife Program; with Al Sutlick, U.S. Corps of Engineers PUBLIC INPUT (Above Item Only) OPEN PUBLIC INPUT: The Commission is a direct link between citizens of Washington and the Department of Fish and Wildlife. We encourage you to share your views of Department programs and issues that concern you during this portion of the meeting. PUBLIC INPUT (Above Item Only)
5:30 p.m.	RECESS

9:00 a.m.	OPEN PUBLIC INPUT: The Commission is a direct link between citizens of Washington and the Department of Fish and Wildlife. We encourage you to share your views of Department programs and issues that concern you during this portion of the meeting. (NOTE: This time is set aside for those who cannot be present later in the day. If workable, please provide your comments during the Open Public Input session later in the day.) PUBLIC INPUT (Above Item Only) 9. AMENDMENTS TO WILDLIFE REHABILITATION REQUIREMENTS: The Commission will consider adoption of permanent rule amendments to WAC 232-12-275, Wildlife rehabilitation permits, that would establish oiled bird-specific rehabilitation requirements based on the best available science. Staff Report: Eric Larsen, Oil Spill Section Manager, Habitat Program PUBLIC INPUT (Above Item Only) 10. AMENDMENTS TO COMMERCIAL HERRING RULES: The Commission will consider adoption of permanent rule amendments to WAC 220-49-023, Herring reporting, that would accurately track the amount of herring placed in a net pen and ensure that all herring in the net pen are accounted for on fish tickets. Staff Report: Greg Bargmann, Marine Fish Manager, Fish Program Mike Cenci, Captain, Enforcement Program PUBLIC INPUT (Above Item Only) 11. AMENDMENTS TO HOOD CANAL FISHERIES RULES: The Commission will consider adoption of the following permanent rule amendments to protect stocks/species in Hood Canal that cannot be adequately protected through the use of emergency rules: - WAC 220-48-029, Set net--Dogfish--Seasons; - WAC 220-48-032, Set line--Seasons; - WAC 220-48-062, Drag seines--Seasons; - WAC 220-49-020, Herring and anchovy--Seasons--Lawful gear--Purposes; - WAC 220-49-056, Smelt fishing--Seasons; - WAC 220-56-128, Food fish fishing--Closed areas; - WAC 220-56-235, Possession limits--Bottomfish; - WAC 220-56-267, Herring--Areas and seasons; - WAC 220-56-270, Smelt--Areas and seasons; - WAC 220-56-390, Squid, octopus; and - WAC 220-56-420, Sea cucumbers. Staff Report: Morris Barker, Ph.D., State Marine Resources Manager, Fish Program PUBLIC INPUT (Above Item Only) 12. AMENDMENTS TO SHELLFISH CLASSIFICATION RULES: The Commission will consider adoption of permanent rule amendments to WAC 220-56-310, Shellfish - Daily limits, to clarify classified shellfish species and decrease confusion. Staff Report: Morris Barker, Ph.D., State Marine Resource Manager, Fish Program PUBLIC INPUT (Above Item Only) 13. AMENDMENTS TO COMMERCIAL SEA URCHIN AND SEA CUCUMBER RULES: The Commission will consider adopting permanent rule amendments to WAC 220-52-073, Sea urchins, and WAC 220-69-240, Duties of commercial purchasers and receivers, to improve reporting requirements. Staff Report: Morris Barker, Ph.D., State Marine Resource Manager, Fish Program PUBLIC INPUT (Above Item Only) 14. AMENDMENTS TO CATCH DATA ACCOUNTING RULES: A. The Commission will consider adoption of the following permanent rule amendments to clarify and increase accuracy of catch and harvest reporting primarily by fish buyers: - WAC 220-69-210, Definitions; - WAC 220-69-215, When state of Washington fish receiving tickets are required; - WAC 220-69-220, When state of Washington fish receiving tickets are not required; - WAC 220-69-23402, Description of aquatic farm production report; - WAC 220-69-236, Description of catch record cards and required information; WAC 220-69-240, Duties of commercial purchasers and receivers; - WAC 220-69-241, Duties of commercial fishers; - WAC 220-69-242, Duties of commercial shellfish shuckers; - WAC 220-69-243, Duties of aquatic farmers; - WAC 220-69-250, Required information on nontreaty fish receiving tickets; - WAC 220-69-254, Required information on treaty Indian fish receiving tickets; - WAC 220-69-260, Distribution of copies of nontreaty fish receiving tickets; - WAC 220-69-264, Distribution of copies of treaty Indian fish receiving tickets; - WAC 220-69-26401, Distribution of copies of shellfish receiving ticket; - WAC 220-69-270, License cards; - WAC 220-69-274, Signatures; - WAC 220-69-280, Fish receiving ticket accountability; and - WAC 220-69-300, Commercial food fish and shellfish transportation ticket. B. The Commission will consider repeal of WAC 220-69-262, Distribution of copies of marine and utility fish receiving ticket. Staff Report: Evan Jacoby, Legal Services Unit, Enforcement Program Mike Cenci, Statewide Marine Division, Enforcement Program PUBLIC INPUT (Above Item Only) 15. REPEAL OF STREAM OBSTRUCTION HEARINGS PROCEDURE RULES: The Commission will consider repeal of Chapter 220-120 WAC, Stream obstruction hearings procedure. This would allow each case to be considered on an individual basis. Staff Report: Evan Jacoby, Legal Services Unit, Enforcement Program PUBLIC INPUT (Above Item Only) 16. ADOPTION OF COUGAR MANAGEMENT RULES: Department staff and County Commissioners from five northeastern Washington counties (Chelan, Okanogan, Ferry, Stevens, and Pend Oreille) will review cougar management regulations that would establish a pilot cougar season as directed by the 2004 Legislature through the passage of SSB 6118. Following public input, the Commission will consider adoption of the following rule proposals: - WAC 232-28-285, 2004-2005 Pilot cougar hunting seasons with the aid of dogs; - Amendment to WAC 232-28-272, 2003-2004, 2004-2005, and 2005-2006 Black bear and cougar hunting seasons and regulations; - Amendment to WAC 232-12-243, Public safety cougar removals; and - Amendment to WAC 232-28-341, 2003-04, 2004-05, 2005-06 Small game seasons. Staff Report: Donny Martorello, Ph.D., Carnivore, Furbearer & Special Species Section Manager, Wildlife Program PUBLIC INPUT (Above Item Only)
LUNCH BREAK
1:00 p.m.	17. AMENDMENTS TO 2004-2005 and 2005-2006 FURBEARER TRAPPING SEASONS RULES: The Commission will consider adoption of permanent rule amendments to WAC 232-28-515, Trapping seasons and regulations, that would establish 2004-2005 and 2005-2006 furbearer trapping seasons. Staff Report: Donny Martorello, Ph.D., Carnivore, Furbearer & Special Species Section Manager, Wildlife Program PUBLIC INPUT (Above Item Only) 18. AMENDMENTS TO CHRONIC WASTING DISEASE PROTECTION RULES: The Commission will consider adoption of an emergency rule amendment to WAC 232-12- 021, Importation and retention of dead nonresident wildlife. This rule amendment would make it unlawful to import deer and elk harvested from states and Canadian provinces where chronic wasting disease is present in wild populations unless the animal carcasses were already boned out and processed. If adopted, the emergency rule would go into effect September 1 and last 120 days. Staff Report: Jerry Nelson, Ph.D., Deer and Elk Section Manager, Wildlife Program PUBLIC INPUT (Above Item Only) MISCELLANEOUS AND MEETING DEBRIEF: The Commission will discuss items that arise immediately before or during the meeting but after the preliminary agenda is published. OPEN PUBLIC INPUT: The Commission is a direct link between citizens of Washington and the Department of Fish and Wildlife. We encourage you to share your views of Department programs and issues that concern you during this portion of the meeting. PUBLIC INPUT (Above Item Only)
3:25 p.m.	ADJOURN