Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
MEETING
April 2-3, 2004

Red Lion Hotel at the Park
W. 303 North River Drive
Spokane, Washington

ATTENDANCE:
Commission Public
Will Roehl, Chair Gary Blevins, Spokane Audubon
Ron Ozment, Vice Chair John Kruse
Russ Cahill Steve Kline, Foundation for N. American Wild Sheep
John A. Hunter Bob Heath, Tri-County Hound Club
Lisa Pelly Glen A. Landrus, Foundation for N. American Wild Sheep
Fred Shiosaki Jerry Vigil
Bob Tuck Senator Bob Oke
Van Van Gytenbeek Bill Frymire, Attorney General's Office
Tom Baskin, Disabled Sportsmen Assoc.
Commission Staff: John Thompson
Susan Yeager Tony Delgado, Stevens County Commissioner
George Sharp, CTED/Business & Tourism
Department Mark Rhinehart
Jeff Koenings, Director Max Benitz, Benton County commissioner
Larry Peck, Deputy Director Ken Hayes
Dave Brittell Doug Thomas
Todd Walker Gary Wallette
Mike O'Malley John Kramer, SRSGA
Heather Bartlett Ric Villalobos, Inland NW Wildlife Council
Harriet Allen Jack George, WA State Bowhunters
Steve Jeffries Dean Cook, WA State Archery Assoc.
Gary Wiles Jim Pearson, Reporter for SCI & Newspapers
Donny Martorello Fred Zitterkopf, Inland NW Wildlife Council
Dave Ware B. J. Thorniley, WA State Trappers/WA Wildlife Cons.
Jerry Nelson Mike Wilkinson, Inland NW Wildlife Council
Steve Dauma Rich Nall, Benton County
Dennis Beich Everett Hamilton
John Andrews Gregg Sampson
Evan Jacoby
Other Department staff

FRIDAY, APRIL 2:

Chair Roehl called the meeting to order at 1:05 p.m.

COMMISSIONERS' DISCUSSION:
Commissioners discussed recent activities and items of general interest and provided status reports on Commission activities.

DIRECTOR'S REPORT:
Director Koenings reviewed significant Department issues and activities.

Commissioner Pelly requested an update at the June 4-5, 2004, Commission workshop on the Department of Natural Resources/Department of Fish and Wildlife's land exchange program.

BUDGET UPDATE:
Deputy Director Peck provided a status report on the Department's current biennial budget.

OPEN PUBLIC INPUT:
Five individuals provided oral testimony on issues of concern during this portion of the workshop.

RESIDENCY DOCUMENTATION FOR LICENSE PURCHASERS - RULE ADOPTION:
Evan Jacoby presented a new rule proposal, WAC 220-55-061, Residency of purchaser, that would establish the documentation required for fishing and hunting license purchasers to "establish by formal evidence an intent to continue residing within the state."

Because the Commission had not received the new language for the proposed WAC prior to the meeting, Commissioner Cahill moved, seconded by Commissioner Van Gytenbeek, to table the agenda item to Saturday, April 3, 2004, with public input to be accepted at that time. The motion to table the item carried unanimously.

One individual provided oral testimony on the rule proposal on Saturday, April 3, 2004.

On Saturday, April 3, 2004, Commissioner Cahill moved, seconded by Commissioner Van Gytenbeek, to adopt WAC 220-55-061, Residency of purchaser, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the rule proposal carried unanimously.

PROPOSED LAND TRANSACTIONS:
Todd Walker presented numerous land transactions for the Commission's consideration and approval.

Commissioner Cahill moved, seconded by Commissioner Van Gytenbeek, to approve the following land transactions:

- Acquisition of the 1,636.03-acre Bickford property in Asotin County, for $457,000;
- Sale of the 40.99-acre (former Kirk) Little Pend Oreille property in Stevens County to the Department of Natural Resources for $65,000; and
- Transfer of the 8.31-acre former Cole & Harley property in Clallam County, the 1.54-acre former Cronauer property in Clallam County, the 0.55-acre former Wilbur/Morris property in Clallam County, the 0.31-acre former Kettle property in Clallam County, and the 2.46-acre former Pressler property in Clallam County to the Jamestown S'Klallam Tribe.

The motion to approve the land transactions carried unanimously.

WASHINGTON WILDLIFE AND RECREATION PROGRAM GRANT PROPOSALS - BRIEFING:
Todd Walker briefed the Commission on projects proposed for the 2004 competition for Washington Wildlife and Recreation Program grants administered through the Interagency Committee for Outdoor Recreation.

WILDLIFE VIEWING STRATEGIC PLAN - BRIEFING:
Mike O'Malley and George Sharp (Community, Trade and Economic Development) briefed the Commission on the Wildlife Viewing Strategic Plan.

ENTIAT AND WENATCHEE RIVER RECREATIONAL OPPORTUNITIES - BRIEFING:
At the request of the Commission, Heather Bartlett briefed the Commission on the likelihood of a recreational fishery on the Entiat and Wenatchee rivers.

OPEN PUBLIC INPUT:
Two individuals provided oral testimony on issues of concern during this portion of the meeting.

Chair Roehl recessed the meeting at 5:04 p.m.

SATURDAY, APRIL 3:

Chair Roehl called the meeting back to order at 8:35 a.m.

OPEN PUBLIC INPUT:
Two individuals provided oral testimony on issues of concern during this portion of the meeting.

AMENDMENTS TO KILLER WHALE STATUS RULES:
Harriet Allen, Steve Jeffries, and Gary Wiles presented a permanent amendment to WAC 232-12-014, Wildlife classified as endangered, that would add the killer whale to the list of endangered species.

No oral testimony on the proposed amendment was provided during the meeting.

Commissioner Van Gytenbeek moved, seconded by Commissioner Shiosaki, to adopt the permanent amendment to WAC 232-12-014, Wildlife classified as endangered. The motion to adopt the permanent amendment carried unanimously.

AMENDMENTS TO SPECIAL SPECIES PERMIT LEVELS AND BIG GAME AUCTION AND RAFFLE OPPORTUNITY RULES:
Donny Martorello presented proposed permanent amendments that would establish 2004 hunting seasons for moose, bighorn sheep, and mountain goat; increase the number of deer auction tags and deer raffle tags for the 2005 hunting season; correct calendar date errors for the 2004-2005 and 2005-2006 black bear seasons; and clarify an area restriction in GMU 485.

Three individuals provided oral testimony on the proposed amendments during the meeting.

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt WAC 232-28-273, 2003 Moose, bighorn sheep, and mountain goat seasons and permit quotas; WAC 232-28-282, Big Game and wild turkey auction, raffle and special incentive permits; and WAC 232-28-272, 2003-2004, 2004-2005, and 2005-2006 Black bear and cougar hunting seasons and regulations as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

AMENDMENTS TO EQUIPMENT RULES FOR HUNTERS WITH DISABILITIES:
Dave Ware presented proposed permanent amendments that would allow disabled hunter permittees that are not able to use adaptive archery equipment to use a crossbow.

Four individuals provided oral testimony on the proposed amendments during the meeting.

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendments to WAC 232-12-047, Unlawful firearms for hunting; WAC 232-12-054, Archery requirements--Archery special use permits; and WAC 232-12-828, Hunting of game birds and animals by persons with a disability. The motion to adopt the permanent amendments carried.

AMENDMENTS TO GAME MANAGEMENT UNIT BOUNDARY RULES:
Jerry Nelson presented proposed permanent amendments that would provide recreational opportunity for citizens, help reduce wildlife damage, and protect deer and elk from overharvest, as well as reduce confusion and avoid unintentional violations.

No oral testimony on the proposed amendments was received during the meeting.

Commissioner Van Gytenbeek moved, seconded by Commissioner Cahill, to adopt the permanent amendments to WAC 232-28-337, Deer and elk area descriptions; WAC 232-28-335, Game management units (GMUs) boundary descriptions--Region 5; and WAC 232-28-248, Special closures and firearm restrictions as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried.

AMENDMENTS TO DEER HUNTING SEASONS AND SPECIAL PERMIT RULES:
Jerry Nelson presented proposed permanent amendments to WAC 232-28-351, 2003-2005 Deer general seasons and special permits, that would establish the 2003-2005 deer hunting seasons and special permit regulations.

Three individuals provided oral testimony on the proposed amendments during the meeting.

Commissioner Van Gytenbeek moved, seconded by Commissioner Tuck, to adopt the permanent amendments to WAC 232-28-351, 2003-2005 Deer general seasons and special permits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

AMENDMENTS TO ELK HUNTING SEASONS AND SPECIAL PERMIT RULES:
Jerry Nelson presented proposed permanent amendments to WAC 232-28-352, 2003-2005 Elk general seasons and special permits, that would establish the 2003-2005 elk hunting seasons and special permit regulations.

Five individuals provided oral testimony on the proposed amendments during the meeting.

Commissioner Pelly moved, seconded by Commissioner Cahill, to adopt the permanent amendments to WAC 232-28-352, 2003-2005 Elk general seasons and special permits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

AMENDMENTS TO ROCK DOVE RULES:
Mick Cope presented a rule proposal and proposed permanent amendments that would reclassify rock doves as a predatory bird species and allow them to be used for bird dog training.

No oral testimony on the rule proposal and proposed amendments was received during the meeting.

Commissioner Tuck moved, seconded by Commissioner Hunter, to adopt WAC 232-12-005, Predatory birds, and the permanent amendments to WAC 232-12-004, Classification of wild birds; WAC 232-12-064, Live wildlife; and WAC 232-12-271, Criteria for planting aquatic plants and releasing wildlife, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the rule proposal and permanent amendments carried unanimously.

AMENDMENTS TO SMALL GAME HUNTING SEASON RULES:
Mick Cope presented proposed permanent amendments to WAC 232-28-341, 2003-04, 2004-05, 2005-06 Small game seasons, that would establish 2003-2006 small game species hunting seasons and regulations.

One individual provided oral testimony on the proposed amendments during the meeting.

Commissioner Cahill moved, seconded by Commissioner Ozment, to adopt the permanent amendments to WAC 232-28-341, 2003-04, 2004-05, 2005-06 Small game seasons, as filed with the Code Reviser's Office and amended by staff.

Commissioner Van Gytenbeek moved, seconded by Commissioner Tuck, to amend the motion to change GMU 124 from a permit-only season to "open to all hunters with a valid turkey tag". The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

APPROVAL OF MINUTES:
Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to approve the minutes of the following:

- January 30, 2004, Commission conference call;
- February 6, 2004, Commission meeting;
- February 13, 2004, Commission conference call;
- February 19, 2004, Commission conference call;
- February 20, 2004, Commission conference call;
- February 27, 2004, Commission conference call;
- March 4, 2004, Commission conference call;
- March 5, 2004, Commission conference call; and
- March 18, 2004, Commission conference call.

The motion to approve the minutes carried unanimously.

MISCELLANEOUS AND MEETING DEBRIEF:
Commissioner Tuck moved, seconded by Commissioner Pelly, to request the Department provide a briefing at the June 4-5, 2004, workshop on the status of addressing elk damage issues in Kittitas County. The briefing is to include landowners. The motion to request Department action carried unanimously.

Commissioner Van Gytenbeek moved, seconded by Commissioner Shiosaki, to request the Department provide a briefing prior to February 2005 on laws regarding providing public access for hunting in order to qualify for game damage payments. If the law needs to be changed, provide that information. The motion to request Department action carried unanimously.

OPEN PUBLIC INPUT:
One individual provided oral testimony on issues of concern during this portion of the meeting.

Chair Roehl adjourned the meeting at 3:18 p.m.





MEMOS AND AUTHORITIES FROM THE APRIL 2-3, 2004
FISH AND WILDLIFE COMMISSION MEETING, PORT TOWNSEND



Adoption of Residency Documentation for License Purchasers

- Motion by Cahill, second by Van Gytenbeek, to table the agenda item to Saturday, April 3, 2004, with public input to be accepted at that time. The motion to table the item carried unanimously.

- Motion by Cahill, second by Van Gytenbeek, to adopt WAC 220- 55-061, Residency of purchaser, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the rule proposal carried unanimously.

Approval of Land Transactions

- Motion by Cahill, second by Van Gytenbeek, to approve the following land transactions:

- Acquisition of the 1,636.03-acre Bickford property in Asotin County, for $457,000;
- Sale of the 40.99-acre (former Kirk) Little Pend Oreille property in Stevens County to the Department of Natural Resources for $65,000; and
- Transfer of the 8.31-acre former Cole & Harley property in Clallam County, the 1.54-acre former Cronauer property in Clallam County, the 0.55-acre former Wilbur/Morris property in Clallam County, the 0.31-acre former Kettle property in Clallam County, and the 2.46-acre former Pressler property in Clallam County to the Jamestown S'Klallam Tribe.

The motion to approve the land transactions carried unanimously.

Amendments to Killer Whale Status Rules

- Motion by Van Gytenbeek, second by Shiosaki, to adopt the permanent amendment to WAC 232-12-014, Wildlife classified as endangered. The motion to adopt the permanent amendment carried unanimously.

Amendments to Special Species Permit Levels and Big Game Auction and Raffle Opportunity Rules

- Motion by Cahill, second by Tuck, to adopt WAC 232-28-273, 2003 Moose, bighorn sheep, and mountain goat seasons and permit quotas; WAC 232-28-282, Big Game and wild turkey auction, raffle and special incentive permits; and WAC 232-28-272, 2003-2004, 2004-2005, and 2005-2006 Black bear and cougar hunting seasons and regulations as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

Amendments to Equipment Rules for Hunters with Disabilities

- Motion by Pelly, second by Van Gytenbeek, to adopt the permanent amendments to WAC 232-12-047, Unlawful firearms for hunting; WAC 232-12-054, Archery requirements--Archery special use permits; and WAC 232-12-828, Hunting of game birds and animals by persons with a disability. The motion to adopt the permanent amendments carried.

Amendments to Game Management Unit Boundary Rules

- Motion by Van Gytenbeek, second by Cahill, to adopt the permanent amendments to WAC 232-28-337, Deer and elk area descriptions; WAC 232-28-335, Game management units (GMUs) boundary descriptions--Region 5; and WAC 232-28-248, Special closures and firearm restrictions as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried.

Amendments to Deer Hunting Seasons and Special Permit Rules

- Motion by Van Gytenbeek, second by Tuck, to adopt the permanent amendments to WAC 232-28-351, 2003-2005 Deer general seasons and special permits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent Amendments carried unanimously.

Amendments to Elk Hunting Seasons and Special Permit Rules

- Motion by Pelly, second by Cahill, to adopt the permanent amendments to WAC 232-28-352, 2003-2005 Elk general seasons and special permits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

Amendments to Rock Dove Rules

- Motion by Tuck, second by Hunter, to adopt WAC 232-12-005, Predatory birds, and the permanent amendments to WAC 232-12- 004, Classification of wild birds; WAC 232-12-064, Live wildlife; and WAC 232-12-271, Criteria for planting aquatic plants and releasing wildlife, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the rule proposal and permanent amendments carried unanimously.

Amendments to Small Game Hunting Season Rules

- Motion by Cahill, second by Ozment, to adopt the permanent amendments to WAC 232-28-341, 2003-04, 2004-05, 2005-06 Small game seasons, as filed with the Code Reviser's Office and amended by staff.

- Motion by Van Gytenbeek, second by Tuck, to amend the motion to move GMU 124 from a permit-only season to "open to all hunters with a valid turkey tag". The motion to amend the motion >carried unanimously.

The motion, as amended, carried unanimously.

Approval of Minutes

- Motion by Pelly, second by Van Gytenbeek, to approve the minutes of the following:

- January 30, 2004, Commission conference call;
- February 6, 2004, Commission meeting;
- February 13, 2004, Commission conference call;
- February 19, 2004, Commission conference call;
- February 20, 2004, Commission conference call;
- February 27, 2004, Commission conference call;
- March 4, 2004, Commission conference call;
- March 5, 2004, Commission conference call; and
- March 18, 2004, Commission conference call.

The motion to approve the minutes carried unanimously.

Commission Requests to the Department

- Motion by Tuck, second by Pelly, to request the Department provide a briefing at the June 4-5, 2004, workshop on the status of addressing elk damage issues in Kittitas County. The briefing is to include landowners. The motion to request Department action carried unanimously.

- Motion by Van Gytenbeek, second by Shiosaki, to request the Department provide a briefing prior to February 2005 on the laws regarding providing public access for hunting in order to qualify for game damage payments. If the law needs to be changed, provide that information. The motion to request Department action carried unanimously.







Commissioners in Attendance:
Will Roehl, Chair
Ron Ozment, Vice Chair
Russ Cahill
John A. Hunter
Lisa Pelly
Fred Shiosaki
Bob Tuck
Van Van Gytenbeek

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