Meeting Minutes WASHINGTON FISH AND WILDLIFE COMMISSION 600 Capitol Way North, Olympia, WA 98501-1091

ATTENDANCE:
Commission	Public (Cont.)
Kelly White, Chairman	Jack Schubert, Hound Hunters
Russ Cahill, Vice Chairman	Terrance Jud, Inland NW Wildlife Council
Don Heinicke	Paul Leeberg, WA State Bowhunters
Lisa Pelly	Heidi Lillard, WA State Bowhunters
Dawn Reynolds	Dale Higman
Will Roehl	Bob Decoto
Fred Shiosaki	Jim Kary
Bob Tuck	Larry Thevik, WDCFA
	William Taylor, CRCFA
Commission Staff:	Steve Gray
Debbie Nelson	Ted Tiegs, WA State Archery Assn.
	Tim Vlcek
Department	John Sewell, WA State Hound Council
Jeff Koenings, Director	Will Anderson, PAWS
Larry Peck, Deputy Director	Marian Frobe
Bruce Crawford	Russell Frobe
Bill Frymire	Stanley Reed
Dave Brittell	Brandon Reed
Dave Ware	DeWayne Straube
Donny Martorello	Ed Mahany, Pacific Coast Hound Club
Rolf Johnson	John Hanson
Harriet Allen	Dave Wolfenberger, D&M Live Crab
Don Kraege	Dick Sheldon, Northern Oyster Co., Inc.
Steve Pozzanghera	Ernie Summers, WDCFA
Phil Anderson	Tom Kelley, WDCFA
Michele Robinson	Dale & Edith Beasley, CRCFA
Heather Reed	Bob & Sue Chanell, WDCFA
Bill Tweit	Bobby & Jen Channell, WDCFA
Bruce Bjork	Al Edgar
Dick Smith	Joe & Roberta Merino, USBA
Mik Mikitik	Stan Reed
Tom Keegan	Tony Cebe
Other Department Staff	Nate Peters, Blue Mountain Hound Club
	Lance Ross, Blue Mountain Hound Club
Public	James Layman, Inland NW Wildlife Council
Lisa Wathne, HSUS	Marvin Criss
John Klingele	Don Forgey
Robert Pries	Rick Reimann
Laurence Cady	Tim Anderson
Frank Purple	Lonnie Barrett
Walt Christensen, WA State Muzzleloaders Assn.	Dale Sharp, Traditional Bowhunters of WA
Dale Klingele	Bill Orr
Dean Cook, WSAA-WSB	Donald McBride
Ken Irvine, WSAA-WSB-Wakuwa Archers	Tom Baskin, Task Force for Disabled
Cookie Singhose, WSB & Traditional Bowhunters	Harold Saunders, CTF Disabled
Olav Pratt	Paul Karczmarczyk
Doile Epperson	Toby Bradshaw
Dan Pike, WA Falconers Assn.	Bruce Johnson, Borderline Bassin Contenders
Bob Harriman, Borderline Bassin Contenders	David Garrison, WA State Archery Assn.
Roger Peffer, WA State Bowhunters	David Thiesfeld
Richard Miller	Lance Gray

FRIDAY, APRIL 7:

Chairman White called the meeting to order at 9:03 a.m.

COMMISSIONERS' DISCUSSION:

Commissioners discussed recent activities and items of general interest and provided status reports on Commission committees.

DIRECTOR'S REPORT:

Director Koenings reviewed significant Department issues and activities.

OPEN PUBLIC INPUT:

No individuals provided oral testimony on issues of concern.

BUDGET UPDATE:

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

AMENDMENT TO REDUCED RATE COMBINATION TEMPORARY FISHING AND SHELLFISH LICENSE:

Bruce Crawford presented the Department's recommendation of adoption of a permanent amendment to WAC 220-55-170, Reduced Rate Combination Temporary Fishing and Shellfish License. This rule would set the fee for the combination temporary fishing and shellfish license at six dollars for both residents and nonresidents.

No oral testimony on the proposed rule amendment was received during the meeting.

Some Commissioners were concerned that the Department was losing revenue by not charging a higher license fee for nonresidents and selling nonresidents multiple two-day licenses at the same price residents pay rather than charging nonresidents a fee for a short-term license that would be comparable to what nonresidents pay for a season license.

Bruce Crawford stated that the Department plans to track the number of licenses sold to nonresidents.

Commissioner Roehl moved, seconded by Commissioner Pelly, to adopt the permanent amendment to WAC 220-55-170, Reduced Rate Combination Temporary Fishing and Shellfish License. The motion carried.

(See Miscellaneous and Meeting Debrief, page 11, for a Commission request for Department action regarding short-term license fees for nonresidents.)

AMENDMENTS TO LICENSE RULES TO IMPLEMENT AUTOMATED LICENSING SYSTEM:

Bruce Crawford presented the Department's final recommendation of adoption of rule proposals for issuing licenses and tags and for dealers to remit payments to the Department using the automated licensing system.

No oral testimony on the rule proposals was received during the meeting.

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt the following rule proposals, as filed with the Code Reviser's Office and amended by staff:

- Permanent amendment to WAC 220-55-005, Recreational License;

- Permanent amendment to WAC 220-55-010, Recreational Shellfish and Seaweed License;

- Permanent amendment to WAC 220-55-015, Valid Recreational License Required;

- Permanent amendment to WAC 220-55-070, Valid Catch Record Card;

- Permanent amendment to WAC 220-55-105, Requirements of Recreational License Dealers;

- Permanent amendment to WAC 220-55-110, Temporary Fish-Shellfish-Seaweed License and Temporary Hunting License--License Dealer Issuance Duties;

- Permanent amendment to WAC 220-55-115, Recreational License Dealer's Fees;

- Permanent amendment to WAC 220-56-175, Catch Record Cards;

- Permanent amendment to WAC 220-69-236, Description of Catch Record Cards and Required Information; and

- WAC 220-55-132, Migratory Bird Validations and Stamps.

The motion carried unanimously.

AMENDMENT TO POINT-OF-SALE TRANSACTION FEE:

Bruce Crawford presented the Department's recommendation of adoption of a permanent amendment to WAC 220-55-180, Point-of-Sale Transaction Fee. This amendment would temporarily reduce the transaction fee collected from licensees to 9.5% of the value of all automated licensing system purchases of recreational hunting and fishing licenses and fees paid for second animals.

No oral testimony on the proposed rule amendment was received during the meeting.

Commissioner Tuck moved, seconded by Commissioner Cahill, to adopt WAC 220-55-180, Point-of-Sale Transaction Fee. The motion carried unanimously.

YOUTH FISHING PROGRAM STRATEGIC PLAN -- BRIEFING:

Commissioner Shiosaki briefed the Commission on the draft Youth Fishing Program Strategic Plan to facilitate an organized approach to increase youth participation in fishing by creating and providing more fishing opportunities for urban youth in Washington.

Public input on and Commission approval of the Draft Strategic Plan will occur at the June 9-10, 2000 Commission workshop.

AMENDMENT TO STATE LIST OF SENSITIVE SPECIES--COMMON LOON:

Harriet Allen presented the Department's recommendation of adoption of a permanent amendment to WAC 232-12-011, Wildlife Classified as Protected Shall Not Be Hunted Or Fished, to add the common loon to protected wildlife designated as sensitive species in Washington.

No oral testimony on the rule proposed rule amendment was received during the meeting.

Commissioner Roehl moved, seconded by Commissioner Cahill, to adopt the permanent amendment to WAC 232-12-011, Wildlife Classified as Protected Shall Not Be Hunted Or Fished.

Commissioner Cahill expressed his concern with the decline of the common loon population and felt it should be listed as an endangered species. Therefore, Commissioner Cahill moved, seconded by Commissioner Reynolds, to amend the motion to list the common loon as threatened. The motion to amend the motion failed.

The motion carried.

(See Miscellaneous and Meeting Debrief, page 11, for a Commission request for Department action regarding listing of common loons.)

AMENDMENTS TO BOUNDARY DESCRIPTIONS FOR GMUS, AND SPECIAL CLOSURES, AND FIREARM RESTRICTION AREAS:

Dave Ware and Rolf Johnson presented the Department's final recommendation of adoption of permanent rule amendments to correct an error in previous boundary descriptions and to update closures and firearm restriction areas.

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

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt permanent amendments to the following rules, as filed with the Code Reviser's Office and amended by staff:

- WAC 232-28-02202, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Two

- WAC 232-28-248, Special Closures and Firearm Restriction Areas.

The motion carried unanimously.

ESTABLISHMENT OF 2000-2002 LANDOWNER DAMAGE HUNTS:

Bruce Bjork and Dick Smith presented the Department's final recommendation of adoption of a permanent amendment to WAC 232-28-266, 1997-98, 1998-99, 1999-2000 Landowner Damage Hunts. This amendment would establish landowner damage hunts for deer and elk for 2000-2002 to provide relief to private landowners suffering agricultural damage.

No oral testimony on the proposed rule amendment was received during the meeting.

Commissioner Pelly moved, seconded by Commissioner Cahill, to adopt the permanent amendment to WAC 232-28-266, 2000-01, 2001-02, 2002-03 Landowner Damage Hunts, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

ESTABLISHMENT OF 2000 MOOSE, BIGHORN SHEEP, AND MOUNTAIN GOAT PERMIT SEASONS AND QUOTAS:

Dave Ware and Donny Martorello presented the Department's final recommendation of adoption of a permanent amendment to WAC 232-28-273, 1999 Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas. This amendment would establish the 2000 permit seasons and quotas for these species.

No oral testimony on the proposed rule amendment was received during the meeting.

Commissioner Cahill moved, seconded by Commissioner Roehl, to adopt the permanent amendment to WAC 232-28-273, 2000 Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

ESTABLISHMENT OF 2000-2002 BLACK BEAR AND COUGAR SEASONS:

Dave Ware and Donny Martorello presented the Department's final recommendation of adoption of a permanent amendment to WAC 232-28-272, 1998-99 and 1999-2000 Black Bear and Cougar Hunting Seasons and Regulations. This amendment would establish the 2000-2002 black bear and cougar seasons.

Two individuals provided oral testimony on the proposed rule amendment proposal during the meeting.

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 232-28-272, 2000-2001, 2001-2002, and 2002-2003 Black Bear and Cougar Hunting Seasons and Regulations, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

ESTABLISHMENT OF 2000-2002 OFFICIAL HUNTING HOURS AND SMALL GAME SEASONS:

Dave Ware and Tom Keegan presented the Department's final recommendation of adoption of WAC 232-28-276, 2000-01, 2001-02, and 2002-03 Official Hunting Hours and Small Game Seasons.

Seven individuals provided oral testimony on the rule proposal during the meeting.

Commissioner Cahill moved, seconded by Commissioner Roehl, to adopt WAC 232-28-276, 2000-01, 2001-02, and 2002-03 Official Hunting Hours and Small Game Seasons, as filed with the Code Reviser's Office and amended by staff.

Commissioner Roehl expressed concern that turkey hunters would not be very effective with the weapons allowed.

Commissioner Roehl moved, seconded by Commissioner Tuck, to amend the motion to modify the special regulations for turkey seasons to read: "Turkey season is open for shotgun, centerfire weapon using shot, and bow-and-arrow hunting only." The motion to amend the motion failed.

Commissioner Roehl moved, seconded by Commissioner Reynolds, to amend the motion to change the jackrabbit seasons to read: "Closed season statewide, with the exception that jackrabbits may be taken by falconers statewide except in Douglas County." Commissioners expressed concern with adopting this amended language without having time to consider its impacts. Therefore, the motion to amend the motion was withdrawn.

The motion carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Tuck, to direct the Department to develop regulations that address the incidental take by falconers of species including, but not limited to, jackrabbits with the goal of having those regulations in effect August 1, 2000. The motion carried unanimously.

AMENDMENTS TO WEAPON/EQUIPMENT RESTRICTION RULES:

Mik Mikitik and Dave Ware presented the Department's final recommendation of adoption of permanent amendments to the following rules:

- WAC 232-12-047, Unlawful Firearms for Hunting: This amendment would simplify modern firearm restrictions, and allow a 12 gauge or 10 gauge shotgun using slugs to be used to hunt big game other than deer, bear, and cougar;

- WAC 232-12-051, Muzzleloading Firearms: This amendment would allow fiber optic sights, and make it unlawful to have any electrical device or equipment attached to a muzzleloading firearm while hunting; and

- WAC 232-12-054, Bow and Arrow Requirements: This amendment would change arrow weight restrictions to 6 grains per pound of draw weight, establish a minimum arrow length of 20 inches, and allow crossbows to be used by disabled hunters.

Fifteen individuals provided oral testimony on the proposed rule amendments during the meeting.

Commissioner Pelly moved, seconded by Commissioner Cahill, to adopt permanent amendments to the following rules, as filed with the Code Reviser's Office and amended by staff:

- WAC 232-12-047, Unlawful Firearms for Hunting;

- WAC 232-12-051, Muzzleloading Firearms; and

- WAC 232-12-054, Bow and Arrow Requirements.

Commissioner Cahill expressed concern that to allow the use of crossbows would open the door to an increase in hunting technology to other than disabled hunters.

Commissioner Cahill moved, seconded by Commissioner Tuck, to amend the motion to amend WAC 232-12-054(7) to read as follows: "It is unlawful to hunt wildlife with a crossbow." The motion to amend the motion carried.

The motion, as amended, carried unanimously.

AMENDMENTS TO NONTOXIC SHOT REQUIREMENTS, USE OF DECOYS, SWINOMISH SPIT GAME RESERVE:

Dave Ware and Don Kraege presented the Department's final recommendation of adoption of permanent amendments to the following rules:

-- WAC 232-12-068, Nontoxic Shot Requirement for Waterfowl, Coot, and Snipe Hunting: This amendment would require nontoxic shot for waterfowl, coot, or snipe hunting and when hunting for game birds or game animals in certain areas based on high potential for ingestion of lead by wildlife;

-- WAC 232-12-257, Control of Unattended Decoys: This amendment would further restrict the use of waterfowl decoys on Department lands; and

-- WAC 232-16-700, Swinomish Spit Game Reserve: This amendment would make permanent the regulation to allow two additional weeks of waterfowl hunting (except for brant) at the Swinomish Spit Game Reserve.

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

Commissioner Pelly moved, seconded by Commissioner Tuck, to adopt permanent amendments to the following rules, as filed with the Code Reviser's Office and amended by staff:

- WAC 232-12-068, Nontoxic Shot Requirements;

- WAC 232-12-257, Use of Waterfowl Decoys on Department Lands; and

- WAC 232-12-700, Swinomish Spit Game Reserve.

Commissioner Reynolds expressed concern that allowing lead shot in any area of the state would be a problem.

Commissioner Reynolds moved, seconded by Commissioner Pelly, to amend the motion to amend WAC 232-12-068 to ban the use of lead shot for hunting statewide. The motion to amend the motion was withdrawn.

The motion carried unanimously.

(See Miscellaneous and Meeting Debrief, page 11, for a Commission request for Department action regarding the use of lead shot for hunting.)

OPEN PUBLIC INPUT:

No individuals provided oral testimony on issues of concern.

Chairman White recessed the meeting at 6:45 p.m.

SATURDAY, APRIL 8:

Chairman White called the meeting back to order at 8:30 a.m.

OPEN PUBLIC INPUT:

Seven individuals provided oral testimony on issues of concern.

1999 VOLUNTEER OF THE YEAR AWARD:

Director Koenings and Chairman White presented the Department's 1999 Volunteer of the Year Award to Marian and Russell Frobe for their dedication and time given to research and conservation efforts in and around Spokane.

Marian and Russell Frobe volunteered more than 500 hours during the past three summers working on bird research and conservation programs in Spokane.

HOUND HUNTING COUGAR LEGISLATION -- BRIEFING:

Steve Pozzanghera and Bruce Bjork briefed the Commission on the hound hunting cougar legislation and provided a tentative schedule of events for the adoption of Commission rules that will authorize hound use for public safety needs. They also briefed the Commission on the black bear and cougar supplemental budget request.

Department staff will work with the Wildlife Committee to develop a timeline for rule adoption, with the goal of adopting rules at a September meeting rather than in December as proposed by the Department.

Department staff will provide an update on the status of rule and criteria development at the June 9-10 workshop.

ESTABLISHMENT OF 2000-2002 DEER GENERAL SEASONS AND 2000 PERMIT SEASONS AND QUOTAS:

Dave Ware and Rolf Johnson presented the Department's final recommendation of adoption of WAC 232-28-278, 2000-2002 Deer General Seasons and 2000 Special Permits.

Eight individuals provided oral testimony on the proposed rule during the meeting.

Commissioner Tuck moved, seconded by Commissioner Roehl, to adopt WAC 232-28-278, 2000-2002 Deer General Seasons and 2000 Special Permits, as filed with the Code Reviser's Office and amended by staff.

Commissioner White expressed concern that the modern firearm elk season overlapped with the modern firearm deer season.

Commissioner White moved, seconded by Commissioner Shiosaki, to amend the motion to modify the modern firearm Eastern Washington whitetail deer season in GMUs 105 through 124 to Nov. 6-19, 2000; Nov. 5-19, 2001; and Nov. 4-19, 2002; any whitetail buck. The motion to amend the motion carried unanimously.

Commissioner White felt that because modern firearm hunters had received additional hunting days, it would be equitable to provide archers with additional days.

Commissioner White moved, seconded by Commissioner Tuck, to amend the motion to:

- Change the archery Eastern Washington mule deer season in GMU 127 to Nov. 22-Dec. 15, 2000; Nov. 21-Dec. 15, 2001; and Nov. 20-Dec. 15, 2002; 3 pt. min. or antlerless;

- Change the archery Eastern Washington whitetail deer season in GMUs 105, 117, 121, and 124 to Nov. 22-Dec. 15, 2000; Nov. 21-Dec. 15, 2001; and Nov. 20-Dec.15, 2002; any whitetail; and the same dates for the mule deer season in GMU 127, 3 pt. min. or antlerless; and

- Change the muzzleloader Eastern Washington whitetail deer season in GMU 113 to Nov. 22-Dec. 15, 2000; Nov. 21-Dec. 15, 2001; and Nov. 20-Dec. 15, 2002; whitetail, any buck.

The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

(See Miscellaneous and Meeting Debrief, page 11, for a Commission request for Department action regarding landowner concerns on Anderson Island.)

IN MEMORY OF NORM RICHARDSON:

On behalf of the Commission, Chairman White and Vice Chairman Cahill presented a plague to the Richardson family to recognize Norm Richardson's contributions as a Fish and Wildlife Commissioner.

Norm served as a member of the Fish and Wildlife Commission from February 1983 through August 1995. During his service, Norm's ideas on the value of involving the public in fish and wildlife management importantly influenced the Commission as a whole. A lifelong outdoor enthusiast, he was a constant champion for the idea that the Commission represents the people of the state and also helps the people in the Department of Fish and Wildlife. His dedication, Commission career successes, vision, and record of citizen activism leave a legacy that the Commission and Department will use for years.

ESTABLISHMENT OF 2000-2002 ELK GENERAL SEASONS AND 2000-2001 PERMIT SEASONS AND QUOTAS:

Dave Ware and Rolf Johnson presented the Department's final recommendation of adoption of WAC 232-28-279, 2000-2002 Elk General Seasons and 2000-2001 Special Permits.

Eleven individuals provided oral testimony on the rule proposal during the meeting.

Commissioner Pelly moved, seconded by Commissioner Tuck, to adopt WAC 232-28-279, 2000-2002 Elk General Seasons and 2000-2001 Special Permits, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

APPROVAL OF MODIFIED PREFERRED ALTERNATIVE -- COASTAL DUNGENESS CRAB EVEN FLOW HARVEST MANAGEMENT PLAN:

Phil Anderson presented the Department's recommendation of approval of the modified preferred alternative in the Coastal Dungeness Crab Even Flow Harvest Management Plan and delegation of authority to the Director to adopt permanent and emergency rules to implement the Plan.

The tiered pot limit options presented for consideration were:

-- Option A: Tiered pot limit based on catch history, cumulative catch in 1996/97 and 1997/98.

-- Option B: Tiered pot limit based on catch history, best of 3 seasons (1996/97, 1997/98, and 1998/99.

-- Staff Compromise (preferred alternative): Tiered pot limit based on catch history, best of 3 seasons (1996/97, 1997/98, and 1998/99).

Fifteen individuals provided oral testimony on the proposed modified alternative during the meeting.

Commissioner Roehl moved, seconded by Commissioner Pelly, to approve Option B as the modified preferred alternative in the Coastal Dungeness Crab Even Flow Harvest Management Plan and delegate the authority to the Director to adopt permanent and emergency regulations to implement the Coastal Dungeness Crab Even Flow Harvest Management Plan. The motion carried unanimously.

REGION 4 CRAB FEASIBILITY STUDY -- BRIEFING:

Phil Anderson presented an update on the feasibility of Region 4 crab abundance surveys. A final report will be presented at the June 9-10, 2000 Commission workshop and will include a description of the methods, expected results, cost, and impact to existing Department shellfish work.

LOWER SNAKE RIVER DAM DEIS -- BRIEFING:

Director Koenings and Bill Tweit briefed the Commission on the status of the Lower Snake River Dam Draft Environmental Impact Statement and Spring 2000 Decision.

OPEN PUBLIC INPUT:

One individual provided oral testimony on issues of concern.

MISCELLANEOUS AND MEETING DEBRIEF:

Commissioner Reynolds moved, seconded by Commissioner Shiosaki, to request that the Department examine the economic impact of selling nonresidents multiple two-day licenses at the same price that residents pay, rather than charging nonresidents a fee for a short-term license that would be comparable to what nonresidents pay for a season license; and to break down revenue, or loss thereof, between freshwater and saltwater fishing licenses relative to the sale of short-term licenses for nonresidents. The Department is to present a report and analysis of this data in time to set new fees for the 2001-2002 season. The motion carried.

Commissioner Reynolds moved, seconded by Commissioner Tuck, to request that the Department determine whether the common loon should be listed as threatened; and to gather accurate data on the numbers, nesting areas, and habitat concerns of the common loon, and consult with other groups, such as the Audubon Society, as it deems necessary and useful. The Department is to provide a briefing at the March 2001 workshop.

Commissioner Roehl moved, seconded by Commissioner Tuck, to table consideration of adoption of the motion until the June 9-10, 2000 Commission workshop. The motion carried unanimously.

Commissioner Reynolds moved, seconded by Commissioner Pelly, to request that the Department study the impact and feasibility of a statewide ban on the use of lead shot for hunting and to develop a time line for public comment, adoption, and public education on the possible statewide ban. At the August 2000 meeting the Department should present the results of its review of the use of lead shot and recommendations for a tentative schedule for consideration of such a ban for adoption by the Commission. The motion carried unanimously.

Commissioner Pelly moved, seconded by Commissioner Roehl, to request that the Department develop hunting season proposals for 2001-02 that address landowner concerns of deer numbers and means of harvest on Anderson Island. The motion carried unanimously.

Director Koenings indicated that staff will address these landowner concerns for the 2000-01 season.Commissioners Pelly and Cahill volunteered to accompany staff when they meet with the Anderson Island landowners.

The Commission reaffirmed its policy to ban all firearms and weapons from Commission meetings and workshops, with no exceptions.

Commissioner Roehl requested the Director have staff draft a letter for Director Koenings' and his signatures to the Whatcom County Council regarding their opposition to breaching of the Snake River dams and their belief that the cost/benefit ratio of breaching the dams is negligible for salmon recovery.

Chairman White adjourned the meeting at 5:15 p.m.

Commissioners in Attendance:

Kelly White, Chairman

Russ Cahill, Vice Chairman

Don Heinicke

Lisa Pelly

Dawn Reynolds

Will Roehl

Fred Shiosaki

Bob Tuck

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