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

ATTENDANCE:
Commission	Public (cont.)
Russ Cahill, Chair	James Fajt, Prentiss, Inc.
Will Roehl, Vice Chair	Dean Cook, WA State Archery Assoc.
Don Heinicke	Dan Wight, Spokane Fly Fishers
Lisa Pelly	Joseph Anderson
Dawn Reynolds	Gloria Anderson
Fred Shiosaki	Richard Deibel
Bob Tuck	Ron Barber, Spokane Fly Fishers
Van Van Gytenbeek	Paul Matson
Kelly White	Brad McHenry, Bunkers Resort
	Jack Giard, WA Reef Net Owners Assn.
Commission Staff:	Robert Bates, WA State Council of the Fed. of Fly Fishers
Debbie Nelson	Pat Mielbrecht
	Bob Mielbrecht
Department	Lance McDaniel
Jeff Koenings, Director	James Layman, Inland NW Wildlife Council
Larry Peck, Deputy Director	Don Newman
Bruce Crawford	Bob Quarterman
Bob Gibbons	Linda Quarterman
Ross Fuller	Emily Dunn
Jim Uehara	Harry Mooerden, Bunkers Resort
John Whalen	Ellen Kassen, Spokane Fly Fishers
Tom Keegan	Boyd Dugen
Dave Ware	Jeff Voyt, Spokane Fly Fishers
Donny Martorello	Galen Robertson
Rolf Johnson	Orin Robertson
Jerry Nelson	Casey Baldwin
Dennis Beich	Dellmer Coppock, Inland Empire Fly Fishing Club
John Andrews	Boyd Matson
Joe Foster	Patrick Burns, Trident Seafoods
Pat Fowler	Dan Hansen, The Spokesman Review
Jeff Tayer	Daniel Rome
Dinah Demers	Darl Vanderlindon
Bill Frymire	William Smith, Spokane Fly fishers
Steve Zender	Shay Smith
Other Department staff	Paul Olsen, Spokane Fly Fishers
	Gilbert Farley
Public	Ken Hayes
James Lenoyjie, Fish Trap Lake Resort	Bryce Leep, Spectacle Lake Resort
Richard Krueger	Fenton Roskelley
Joe Plesha, Trident Seafoods	Clayton Tindlay
Teri Leep, Spectacle Lake Resort	Jeff Korth
Marvel Travis, Westport Resort	Bill McElroy, Inland Empire Fly Fishing club
Ken Johnny	Robert Laughery, WA State Archery Assoc.
Dave & Dotty Smith, CWFAC	Jerry Reiber
Ron Sawyer, Inland Empire Fly Fishing Club	Sandi Swannack

FRIDAY, APRIL 6:

Chair Cahill called the meeting to order at 12:01 p.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:

Five individuals provided oral testimony on issues of concern.

BUDGET:

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

AMENDMENT TO LICENSE DEALER FEE FOR TWO-DAY TEMPORARY FISHING LICENSE ISSUED AS A STAMP:

Bruce Crawford presented a proposed permanent amendment to WAC 220-55-115, Recreational License Dealer's Fees, to increase the dealer fee for a two-day temporary fishing license issue as a stamp from $.50 to $1.00. This proposed amendment had been requested by several charter companies; the Department did not recommend a position.

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

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 220-55-115, Recreational License Dealer's Fees, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment to the rule carried.

AMENDMENTS TO RULES FOR PURCHASING PUGET SOUND SALMON LICENSES AFFECTED BY THE PACIFIC SALMON TREATY:

Bruce Crawford presented numerous rule proposals to provide economic adjustment assistance to Washington non-Indian commercial salmon fishers affected by the 1999 Pacific Salmon Treaty negotiations.

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

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

- Permanent amendment to WAC 220-95-013, 2001-2002 Puget Sound Salmon License Economic Adjustment Assistance Program Established--Fund Allocation--Expiration;
- Permanent amendment to WAC 220-95-018, 2001-2002 Puget Sound Salmon License Economic Adjustment Assistance Program Eligibility;
- Permanent amendment to WAC 220-95-022, 2001-2002 Puget Sound Salmon License Economic Adjustment Assistance Program Application;
- Permanent amendment to WAC 220-95-027, Ranking and Acceptance of Salmon Purse Seine License Offers; and
- Permanent amendment to WAC 220-95-032, Ranking and Acceptance of Salmon
Gill Net--Puget Sound and Salmon Reef Net License Offers;
and not adopt WAC 220-95-034, 2001-2002 Puget Sound Salmon License Economic Adjustment Assistance Program--Retirement of Licenses.

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to amend the motion to modify WAC 220-95-027 (2) to read: "Purse seine rankings will be based upon a point system (0-15) for landings...between 1994 and 1998. One point will be assigned for a verified landing during the fall fisheries and two points will be assigned for a verified landing during the summer fisheries or a maximum of fifteen points possible." And (4) to read: "Example: A current license owner...The owner is assigned the maximum 15 points...then the owner would be assigned three points." The motion to amend the motion carried unanimously.

Because the specific funds available for the program are unknown at this time, and to cap the costs of program administration at three percent (up to 1.5% for state and 1.5% for federal costs), Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to amend the motion to amend WAC 220-95-013 to strike existing language under (3) and replace with the following language:

"(3) The department will allocate the funds available for the program, after deducting up to 1.5% for the costs of state program administration, as follows:

(a) Spring, 2001: Phase One
(i) Purse seine - 56.4% at a purchase price of $103,300 per license.
(ii) Gill net - 38.5% at a purchase price of $27,500 per license.
(iii) Reef net - 5.1% at a purchase price of $57,600 per license.
(b) Fall, 2001: Phase Two
(c) Spring, 2002: Phase Three.

Program administration funds that will not be used will be reallocated to license purchases."

Commissioner White moved, seconded by Commissioner Shiosaki, to amend the motion to amend to allow up to 3% to be deducted for the costs of state program administration. The motion to amend the amendment carried.

The motion to amend the motion, as amended, carried unanimously.

Commissioner Roehl expects the Department to detail its costs and not attempt to balance its budget using the administration funds but only cover its actual cost. Commissioner Roehl would like to see those numbers.

To lengthen the period in which to respond, Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to amend the motion to amend WAC 220-95-027 (8) and WAC 220-95-032 (3) to change "10 days" to "20 days" and "10-day period" to "20-day period". The motion to amend the motion carried unanimously.

The Department will revise the offer form to allow a license offer to be made at the time of application.

To prevent an appeal in one group from stopping disbursement of funds within another group, Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to amend the motion to modify WAC 220-95-032 (7) to read: "The department will tender the amount of the offer upon receipt of a valid acknowledgment and upon resolution of all appeals that affect the ranking of licenses to be purchased for that respective gear group." The motion to amend the motion carried unanimously.

Commissioner Reynolds moved, seconded by Commissioner Shiosaki, to amend the motion to modify WAC 220-95-027 (3) to read: "Points will be...during the 1994-1998 qualifying period, except upon the death of the licensee, the license shall be treated as analogous to personal property for purposes of calculating and assigning points in the program. A license transferred to an immediate family member during or after the period 1994-1998, and who has continued with that license shall be able to count the points for that license and shall be qualified to participate in the program." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

The purchase of licenses will commence when the legislature appropriates the funds and expresses the intent to appropriate the balance over the next two years.

USE OF ROTENONE FOR LAKE REHABILITATIONS -- BRIEFING:

Bob Gibbons provided an overview of the issues related to using rotenone for lake rehabilitations. James Fajt, scientist for Prentiss, Incorporated, provided an overview on the safe use of piscicides. Director Koenings led a policy discussion regarding the future use of rotenone.

Chair Cahill felt it would be interesting to know if there is an increased frequency of cancers and Parkinson's disease among current and former employees that were rotenone applicators.

(See Miscellaneous and Meeting Debrief for a Commission request for Department action regarding the future use of rotenone.)

AMENDMENT TO STRAIT OF GEORGIA TRAWL SEASON:

Ross Fuller presented a proposed amendment to WAC 220-48-015, Beam Trawl and Bottom Trawl--Seasons, to clarify language intent regarding bottom fish trawl seasons in the southern Strait of Georgia.

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

Commissioner Tuck moved, seconded by Commissioner Roehl, to adopt the permanent amendment to WAC 220-48-015, Beam Trawl and Bottom Trawl--Seasons. The motion to adopt the permanent amendment to the rule carried unanimously. (Commissioners Heinicke, Shiosaki, and White were absent during discussion and vote on the motion.)

AMENDMENTS TO TRAPPING RULES ASSOCIATED WITH INITIATIVE 713:

Tom Keegan presented proposed permanent amendments to numerous trapping rules to incorporate changes in state law associated with passage of Initiative 713.

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

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

- WAC 232-12-001, Definition of Terms;
- WAC 232-12-071, Buying or Selling Game Unlawful;
- WAC 232-12-141, Wild Animal Trapping; and
- WAC 232-28-515, Trapping Seasons and Regulations.

The motion to adopt the permanent amendments to the rules carried unanimously.

AMENDMENTS TO UPDATE NOMENCLATURE AND CORRECT SPELLING OF ANIMAL NAMES--AMENDMENT TO 2001-2003 OFFICIAL HUNTING HOURS AND SMALL GAME SEASONS:

Tom Keegan presented proposed permanent amendments to numerous rules to update nomenclature and correct spelling of animal names, and a proposed permanent amendment to WAC 232-28-276, 2000-01, 2001-02, and 2002-03 Official Hunting Hours and Small Game Seasons, which would limit most pheasant hunters at the Dungeness Recreation Area release site to "odd" or "even" weekend mornings, increase fall turkey permits and permit areas, extend September Canada goose seasons in Southwest Washington, and correct species names. The amendment would also expand upland game bird and forest grouse falconry seasons, eliminate the period where upland game seasons did not overlap, establish possession limits for falconry seasons, and explicitly close falconry mountain quail season in Eastern Washington.

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

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

- WAC 232-12-004, Classification of Wild Birds;
- WAC 232-12-007, Classification of Wild Animals;
- WAC 232-12-027, Game Farm License Provisions;
- WAC 232-12-271, Criteria for Planting Aquatic Plants and Releasing Wildlife; and
- WAC 232-28-276, 2000-01, 2001-02, and 2002-03 Official Hunting Hours and Small Game Seasons.

The motion to adopt the permanent amendments to the rules carried unanimously.

AMENDMENT TO NONTOXIC SHOT REQUIREMENTS:

Tom Keegan presented a proposed permanent amendment to WAC 232-12-068, Nontoxic Shot Requirements. This amendment would clarify existing language, add another type of nontoxic shot to the list of approved shot, and add more areas where nontoxic shot use is required.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner White, to adopt the permanent amendment to WAC 232-12-068, Nontoxic Shot Requirements, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment to the rule carried unanimously.

Commissioner White requested the Department present at the August Commission meeting a delegation of of rule-making authority to the Director to add or remove types of nontoxic shot to the list of approved shot.

AMENDMENT TO SPECIAL CLOSURES AND FIREARM RESTRICTION AREAS:

Tom Keegan presented a proposed permanent amendment to WAC 232-28-248, Special Closures and Firearm Restriction Areas, to allow hunting on the Little Pend Oreille National Wildlife Refuge and to expand three firearm restriction areas.

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

Commissioner Roehl moved, seconded by Commissioner Reynolds, to adopt the permanent amendment to WAC 232-28-248, Special Closures and Firearm Restriction Areas, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment to the rule carried unanimously.

OPEN PUBLIC INPUT:

Four individuals provided oral testimony on issues of concern.

Chair Cahill recessed the meeting at 6:40 p.m.

SATURDAY, APRIL 7:

Chair Cahill called the meeting back to order at 9:04 a.m.

OPEN PUBLIC INPUT:

One individual provided oral testimony on issues of concern.

ADOPTION OF MANDATORY REPORTING REQUIREMENTS FOR HUNTING ACTIVITY:

Dave Ware presented two rule proposals:

- WAC 232-28-299, Mandatory Report of Hunting Activity. This rule would establish mandatory reporting requirements for deer, elk, bear, and turkey hunting activity, and establish special incentive permit hunts.
- Permanent amendment to WAC 232-28-272, 2000-2001, 2001-2002 and 2002-2003 Black Bear and Cougar Hunting Seasons and Regulations. This amendment would remove the reporting requirement for cougar, with a mandatory carcass check and tagging system retained; and remove the reporting requirement for black bear, with a mandatory reporting requirement for hunting activity established.

Two individuals provided oral testimony on the rule proposals during the meeting.

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

- WAC 232-28-299, Mandatory Report of Hunting Activity; and
- Permanent amendment to WAC 232-28-272, 2000-2001, 2001-2002 and 2002-2003 Black Bear and Cougar Hunting Seasons and Regulations.

The motion to adopt the rule and the permanent amendment to the rule carried unanimously.

Commissioner Roehl requested the Department consider during the next 3-year season setting cycle public input received requesting GMU 407 be removed from the general western black bear hunt and added to the North Cascades hunt.

AMENDMENTS TO SPECIAL HUNTING SEASON AND AUCTION AND RAFFLE HUNT RULES:

Donny Martorello presented numerous special hunting seasons and auction and raffle hunt rule proposals to clarify existing language, accommodate the new WILD system, and eliminate the 501(c)(3) requirements for conservation organizations to participate in auctions and raffles. These rules would also increase group size for deer, elk, and turkey permit hunts; and allow license/tag fees for auction and raffle hunters to be deducted from auction and raffle proceeds.

One individual provided oral testimony on the rule proposals during the meeting.

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

- WAC 232-28-290, Washington Raffle Hunts;
- WAC 232-28-291, Special Hunting Season Permits;
- WAC 232-28-292, Washington Auction Hunts; and
- WAC 232-28-293, PLWMA Raffle Hunts;
and to repeal the following rules:
- WAC 232-28-258, Washington Auction Permit Hunts; and
- WAC 232-28-260, Special Hunting Seasons.

The motion to adopt the permanent amendments to the rules and to repeal the rules carried unanimously.

ESTABLISHMENT OF 2001 MOOSE, BIGHORN SHEEP, AND MOUNTAIN GOAT PERMIT SEASONS AND QUOTAS:

Donny Martorello presented a proposed permanent amendment to WAC 232-28-273, 2001 Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas, to establish the 2001 permit seasons and quotas for these species.

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

Commissioner Tuck moved, seconded by Commissioner Reynolds, to adopt the permanent amendment to WAC 232-28-273, 2001 Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment to the rule carried unanimously.

REPEAL OF MISCELLANEOUS HUNTING AND TRAPPING SEASON RULES:

Donny Martorello presented proposed repeal of the following outdated or redundant rules:

- WAC 232-12-131, Permits for Special Hunting and Trapping Seasons;
- WAC 232-28-274, 2000 Big Game and Wild Turkey Auction Permits and Raffles;
- WAC 232-28-280, 1999 Deer General Seasons and 1999 Special Permits; and
- WAC 232-28-281, 1999-2000 Elk General Seasons and 1999-2000 Special Permits.

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

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to repeal the following rules:

- WAC 232-12-131, Permits for Special Hunting and Trapping Seasons;
- WAC 232-28-274, 2000 Big Game and Wild Turkey Auction Permits and Raffles;
- WAC 232-28-280, 1999 Deer General Seasons and 1999 Special Permits; and
- WAC 232-28-281, 1999-2000 Elk General Seasons and 1999-2000 Special Permits.

The motion to repeal the rules carried unanimously.

AMENDMENTS TO BOUNDARY DESCRIPTIONS FOR GMUS AND SPECIAL GAME AREAS:

Rolf Johnson and Jerry Nelson presented proposed permanent amendments to numerous rules to clarify and correct boundary descriptions.

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

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

- WAC 232-28-02203, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Three;
- WAC 232-28-02205, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Five;
- WAC 232-28-02220, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Elk Area Descriptions; and
- WAC 232-28-02240, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Muzzleloader Area Descriptions.

The motion to adopt the permanent amendments to the rules carried unanimously.

APPROVAL OF MINUTES:

Commissioner White moved, seconded by Commissioner Reynolds, to approve the Minutes of the following:

- January 18, 2001 Commission conference call
- February 23, 2001 Commission conference call
- March 9, 2001 Commission conference call
- March 15, 2001 Commission conference call
- March 23, 2001 Commission conference call
- March 30, 2001 Commission conference call.

The motion to approve the Minutes carried unanimously.

AMENDMENTS TO 2001 AND 2002 DEER GENERAL SEASONS AND 2001 PERMIT SEASONS AND QUOTAS:

Rolf Johnson and Jerry Nelson presented a proposed permanent amendment to WAC 232-28-278, 2000-2002 Deer General Seasons and 2001 Special Permits. This amendment would update deer permit season dates and quotas for 2001 and expand antlerless seasons in several Game Management Units.

Commissioners suggested the Department work with the hunting community and the legislature to establish a definition for "hunting opportunity."

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

Commissioner White moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 232-28-278, 2000-2002 Deer General Seasons and 2001 Special Permits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment to the rule carried unanimously. (Commissioners Heinicke and Van Gytenbeek were absent during discussion and vote on the motion.)

AMENDMENTS TO 2001 AND 2002 ELK GENERAL SEASONS AND 2001-02 PERMIT SEASONS AND QUOTAS:

Rolf Johnson and Jerry Nelson presented a proposed permanent amendment to WAC 232-28-279, 2000-2002 Elk General Seasons and 2001-2002 Special Permits. This amendment would update elk general seasons for 2001 and 2002 and 2001-02 permit seasons and quotas.

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

Commissioner Shiosaki moved, seconded by Commissioner Reynolds, to adopt the permanent amendment to WAC 232-28-279, 2000-2002 Elk General Seasons and 2001-2002 Special Permits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment to the rule carried unanimously. (Commissioner Heinicke was absent during discussion and vote on the motion.)

MISCELLANEOUS AND MEETING DEBRIEF:

Director Koenings will report back to the Commission on the status of the Department conducting a steelhead angler preference survey this summer.

Commissioner Van Gytenbeek moved, seconded by Commissioner Roehl, to request that the Department create a revised plan for the use of rotenone in fish management for Commission consideration of approval. The plan should include, but not be limited to, the following:

- Cost benefit comparison of rehabilitation and fry plant methodology vs. catchable program;
- Consideration of rehabilitating lakes in western Washington;
- Review of current policy and inclusion where appropriate;
- Proposal, with cost estimates, to acquire and utilize a closed delivery system such as Utah's; and
- Plan to continually monitor literature and science on rotenone and its use.

The motion to request Department action carried unanimously. (Commissioner Heinicke was absent during discussion and vote on the motion.)

Commissioner Tuck moved, seconded by Commissioner Reynolds, to request that the Department provide at the August 3-4 Commission meeting a briefing on the nature and extent of domestic livestock grazing on Department lands. The motion to request Department action carried unanimously. (Commissioner Heinicke was absent during discussion and vote on the motion.)

Chair Cahill moved, seconded by Commissioner Reynolds, to request the Department bring the Commission up-to-date on negotiations with tribes over game management, in general, with specific information on management with the Nez Perce and Umatilla-Warm Springs Tribes. The motion to request Department action carried unanimously. (Commissioner Heinicke was absent during discussion and vote on the motion.)

OPEN PUBLIC INPUT:

Four individuals provided oral testimony on issues of concern.

Chair Cahill adjourned the meeting at 2:45 p.m.

* Commissioners Heinicke, Shiosaki, and White were absent during discussion and vote on the motion.
** Commissioners Heinicke and Van Gytenbeek were absent during discussion and vote on the motion.
*** Commissioner Heinicke was absent during discussion and vote on the motion.

Commissioners in Attendance:
Russ Cahill, Chair
Will Roehl, Vice Chair
Don Heinicke
Lisa Pelly
Dawn Reynolds
Fred Shiosaki
Bob Tuck
Van Van Gytenbeek
Kelly White

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