Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
MEETING
April 6-7, 2007

Ellensburg Inn & Conference Center
1700 Canyon Road
Ellensburg, Washington

ATTENDANCE:
Commission Public
Jerry Gutzwiler, Chair Dale Sharp, traditional Bowhunters of WA
Miranda Wecker, Vice Chair Fran Peruchini
Ken Chew Henry Peruchini
Gary Douvia Martin Pederson
Conrad Mahnken Bill Madisen
Chuck Perry Richard H. Swansen, Sr.
Fred Shiosaki David Stevens
Shirley Solomon Bill Vincent, Adv. Committee for Persons with Disabilities
Duane Fluent, Cascade Field & Stream Club
Commission Staff: Ralph Kratz
Susan Yeager Mary Perry
Nancy Burkhart Donna Barker
Robert Kruse, Friends of Wildlife & Wind Power
Lynn Helbrecht, WA Biodiversity Council
Department George Coulbourn
Larry Peck, Deputy Director Rick Liebel, Traditional Bowhunters of WA
Bruce Bjork Bill Essman, Kittitas Co. Field & Stream Club
Dave Brittell Jim Pearson, CWSCI
Ron McQueen Steve Link, WA State Bowhunters
Sue Patnude Scott Williams, Puget Sound Energy
John Andrews David Bowen, Kittitas County
Dennis Beich Milt Johnson, WA Dept. of Natural Resources
Morris Barker Jim Sizemore, WA Cattlemen's Assn.
Madonna Luers Walt Christensen, WA State Muzzleloaders
Edd Bracken B.J. Thornily, WA State Trappers; Washingtonians for WA Conservation
Ted Clausing Leslie J. Marts
Cindi Confer Lee Davis, Kittitas Field & Stream Club
Bill Frymire, AGO Bruce Barnes
Dan Budd Dave Duncan
Lora Leschner Rance Block, Rocky Mt. Elk Foundation
Greg Schirato Kevin Eslinger
Mik Mikitik Mark Charlton
John Wisner Russ Stingley
Don Larsen Jennifer Diaz, Puget Sound Energy
Peter Birch Don W. Johnson
Mark Quinn Katie Fite
Lenore Miller Steve Herman
Jerry Nelson Jim Huckabay
Dave Ware Diane Huckabay
John Easterbrooks Tip Hudson, WSU Extension Service
Tom Davis (via speakerphone) Leta Davis, Kittitas Co. Field & Stream Club
Jennifer Hayes (via speakerphone) Jason McCormick, Advanced Hunter Education
Other Department staff Gary R. Potter
Gordon E. Blossom, Kittitas Field & Stream Club
Tony Kastella, Three Creeks Hunter Ed. Team
Rose Stevens

FRIDAY, APRIL 6:

At 8:00 a.m., Department staff, available Commissioners, and members of the general public toured various Department lands in Region 3. Topics included: wildlife impacts, wind power issues, the Colockum elk herd, and the Lands Program Skookumchuck acquisition.

Chair Gutzwiler called the meeting to order at 1:30 p.m.

APPROVAL OF MINUTES:
Commissioner Shiosaki moved, seconded by Commissioner Perry, to approve the minutes of the following:

- March 2, 2007, Commission conference call; and
- March 16, 2007, Commission conference call.
The motion carried unanimously. (Commissioner Gutzwiler was absent during discussion and vote on the motion.)

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

Commissioner Shiosaki requested that Region 1 staff provide a tour/briefing at the June 1-2, 2007, Commission meeting in Spokane regarding Sprague Lake rehabilitation efforts.

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

LEGISLATIVE SESSION UPDATE:
Tom Davis, Jennifer Hayes, and Commissioners discussed the status of and Commissioner viewpoints on legislation related to the conservation and management of fish and wildlife resources in Washington State.

PERFORMANCE AND ACCOUNTABLITY UPDATE:
Sue Patnude provided a status report on the Department's strategic planning and performance measures process.

BUDGET UPDATE:
Ron McQueen provided a status report on the Department's budget.

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

PUGET SOUND DUNGENESS CRAB CATCH RECORD CARD MODIFICATIONS - RULE ACTION:
Morris Barker presented proposed permanent rule amendments to WAC 220-56-175, Catch record cards, which would allow for specific Dungeness crab reporting requirements and options. The Commission heard public testimony at its March 9-10, 2007, Commission meeting in Olympia.

Commissioner Chew moved, seconded by Commissioner Mahnken, to adopt the permanent rule amendments to WAC 220-56-175, Catch record cards, as proposed. The motion carried unanimously. (Commissioner Gutzwiler was absent during discussion and vote on the motion.)

COLUMBIA RIVER FISHERY - RULE ACTION:
Morris Barker presented proposed permanent rule amendments that would bring a common set of Columbia River Salmon Management and Catch Reporting Areas between Washington and Oregon, and also update the rules to reflect gill net gear requirements. To allow the Department staff more time to consider comments received by theYakama Indian Nation, the Department withdrew WAC 220-32-055, Off-reservation Indian subsistence fishing.

Commissioner Solomon moved, seconded by Commissioner Shiosaki, to adopt the permanent rule amendments to WAC 220-16-095, Definitions-set net, as proposed. The motion carried unanimously. (Commissioner Gutzwiler was absent during discussion and vote on the motion.)

Commissioner Solomon moved, seconded by Commissioner Shiosaki, to adopt the permanent rule amendments to WAC 220-22-010, Columbia River Salmon Management and Catch Areas, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously. (Commissioner Gutzwiler was absent during discussion and vote on the motion.)

Commissioner Solomon moved, seconded by Commissioner Mahnken, to adopt the permanent rule amendments to WAC 22-33-005, Definitions-river mouth sanctuaries, as proposed. The motion carried unanimously. (Commissioner Gutzwiler was absent during discussion and vote on the motion.)

Commissioner Mahnken moved, seconded by Commissioner Shiosaki, to adopt the permanent amendments to WAC 22-33-010, Salmon, as proposed. The motion carried unanimously. (Commissioner Gutzwiler was absent during discussion and vote on the motion.)

SEA URCHIN LICENSE BUYBACK PROGRAM - RULE BRIEFING AND PUBLIC HEARING:
Morris Barker briefed the Commission on proposed permanent rule amendments to WAC 220-95-100, Sea urchin license reduction program, and WAC 220-95-110, Sea cucumber license reduction program. These would raise the maximum bid amounts for sea cucumber and sea urchin licenses. The Commission will consider adopting permanent rule amendments at its May 18, 2007, Commission conference call.

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

WASHINGTON BIODIVERSITY STRATEGY - BRIEFING:
Lynn Helbrecht, Executive Coordinator for the Washington Biodiversity Council, provided a briefing on the work of the Council and the 30-year strategy for biodiversity conservation.

OPEN PUBLIC INPUT:
No oral testimony on issues of concern was received during this portion of the meeting.

Vice Chair Wecker recessed the meeting at 5:30 p.m.

SATURDAY, APRIL 7:

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

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

PROPOSED LAND TRANSACTIONS - DECISION:
Dan Budd presented several proposed land transactions for Commission approval.

One individual provided oral testimony on the proposed land transactions during the meeting.

Commissioner Wecker moved, seconded by Commissioner Perry, to approve the:

- Acquisition of 71.62 acres on Padilla Bay in Skagit County for $483,000;
- Acquisition of 30 acres on Debay Slough in Skagit County for $30,000;
- Acquisition of the 520 acres in the Chehalis Valley in Grays Harbor County for $1,200,000;
- Purchase of the 62 acress of hunting rights in Grays Harbor County for $15,900; and
- Grant right-of-way easement over 3.6 acres of Department land in Columbia Basin Wildlife Area to Grant County.
The motion carried unanimously.

HUNTING HOURS FOR GAME BIRDS AND GAME ANIMALS - RULE ACTION:
Dave Ware presented permanent rule amendments to WAC 232-12-289, Official hunting hours for game birds and game animals, which would align official hunting hours with federal policy and changes to a goose management area in Grays Harbor County. The Commission heard public testimony at its March 9-10, 2007, Commission meeting in Olympia.

Commissioner Shiosaki moved, seconded by Commissioner Chew, to adopt the permanent rule amendments to WAC 232-12-289, Official hunting hours for game birds and game animals, as proposed. The motion carried unanimously.

LANDOWNER HUNTING PERMITS - RULE ACTION:
Dave Ware presented permanent rule amendments to WAC 232-28-295, Landowner hunting permits, which would provide landowner hunting permits that address damage concerns and provide public hunting access to private lands. The Commission heard public testimony during its March 9-10, 2007, Commission meeting in Olympia.

Commissioner Perry moved, seconded by Commissioner Shiosaki, to adopt the permanent rule amendments to WAC 232-28-295, Landowner hunting permits, as proposed. The motion carried unanimously.

MOOSE, BIGHORN SHEEP, AND MOUNTAIN GOAT SEASONS AND PERMIT QUOTAS - RULE ACTION:
Dave Ware presented permanent rule amendments to WAC 232-28-273, 2006-2008 Moose, bighorn sheep, and mountain goat seasons and permit quotas, which would maximize recreational hunting opportunities. The Commission heard public testimony during its March 9-10, 2007, Commission meeting in Olympia.

Commissioner Wecker moved, seconded by Commissioner Perry, to adopt the permanent rule amendments to WAC 232-28-273, 2006-2008 Moose, bighorn sheep, and mountain goat seasons and permit quotas, as proposed. The motion carried unanimously.

DEER AND ELK HUNTING SEASONS - RULE ACTION:
Jerry Nelson presented proposed permanent rule amendments to WAC 232-28-351, 2006-2008 Deer general seasons and definitions; and WAC 232-28-352, 2006-2008 Elk general seasons and definitions, that would provide recreational opportunity for citizens, help reduce wildlife damage, and protect deer and elk from overharvest. The Commission heard public testimony during its March 9-10, 2007, Commission meeting in Olympia.

Commissioner Chew moved, seconded by Commissioner Wecker, to adopt the permanent rule amendments to WAC 232-28-351, 2006-2008 Deer general seasons and definitions; and WAC 232-28-352, 2006-2008 Elk general seasons and definitions, as proposed. The motion carried unanimously.

GAME MANAGEMENT UNITS BOUNDARY DESCRIPTIONS, REGION 5 - RULE ACTION:
Jerry Nelson presented proposed permanent rule amendments to WAC 232-28-353, Game management units (GMUs) boundary descriptions-Region five, which would maintain clear and enforceable boundaries in Region 5, GMU 556. The Commission heard public testimony at its March 9-10, 2007, Commission meeting in Olympia.

Commissioner Wecker moved, seconded by Commission Shiosaki, to adopt the permanent rule amendments to WAC 232-28-353, Game management units (GMUs) boundary descriptions-Region five, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

DEER AND ELK SPECIAL PERMITS - RULE ACTION AND PUBLIC HEARING:
Jerry Nelson presented permanent rule amendments to WAC 232-28-353, 2007 Deer special permits; and WAC 232-28-354, 2007 Elk special permits. The amendments would maintain opportunities, provide new opportunities, and make adjustments for population changes and damage complaints.

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

Commissioner Shiosaki moved, seconded by Commissioner Wecker, to adopt the permanent rule amendments to WAC 232-28-353, 2007 Deer special permits; and WAC 232-28-354, 2007 Elk special permits, as filed with the Code Reviser's Office and amended by staff.

Commissioner Perry moved, seconded by Commissioner Shiosaki, to amend WAC 232-28-354, 2007 Elk special permits, by adding a line under Teanaway A to read: "Teanaway A1, October 22-November 4, any bull, EF, GMU 335, 1 permit". The motion to amend the motion carried unanimously.

Commissioner Perry moved, seconded by Commissioner Solomon, to amend WAC 232-28-353, 2007 Deer special permits, by reverting back to the original levels in Entiat C and Entiat D in GMU 247. The motion to amend the motion carried unanimously.

Commissioner Perry moved, seconded by Commissioner Shiosaki, to amend WAC 232-28-353, 2007 Deer special permits, by changing Quilomene A, B, and C (GMU 329) to 3 point minimum". The motion to amend the motion carried unanimously.

The motion, as amended, carried.

IMPORTATION AND RETENTION OF DEAD NONRESIDENT WILDLIFE - RULE ACTION:
Jerry Nelson presented proposed permanent rule amendments to WAC 232-12-021, Importation and retention of dead nonresident wildlife, which would add Kansas to the list of states from which Washington hunters are required to process animal carcasses before bringing them home to Washington State. The Commission heard public testimony at its March 9-10, 2007, Commission meeting in Olympia.

Commissoner Wecker moved, seconded by Commissioner Chew, to adopt the permanent rule amendments to WAC 232-12-021, Importation and retention of dead nonresident wildlife, as proposed. The motion carried unanimously.

LIVESTOCK GRAZING ON DEPARTMENT LANDS - RULE ACTION:
Don Larsen and Dave Brittell presented proposed permanent rule amendments to WAC 232-12-181, Livestock grazing on Department of Fish and Wildlife lands, which would facilitate the Department's ability to address emergency grazing activities by increasing the length of time for which a temporary permit may be issued. The Commission heard public testimony at its march 9-10, 2007, Commission meeting in Olympia.

Commissioner Wecker moved, seconded by Commissoner Shiosaki, to adopt the permanent rule amendments to WAC 232-12-181, Livestock grazing on Department of Fish and Wildlife lands, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

The Department will provide a follow-up after one year on the status of the grazing program.

ADVANCED HUNTER EDUCATION - BRIEFING:
Mik Mikitik and John Wisner briefed the Commission on a proposed moratorium on new enrollments for the Advanced Hunter Education program.

The Department will provide a presentation to the Commission within 90 days detailing the definition/specific parameters and how they are to be used.

CAPITAL BUDGET STUDY REPORT UPDATE:
Lenore Miller and Commissioners reviewed the results of a study by Berk & Associates of the Department's capital budget development, execution, and monitoring process; and the status of a response to the report was also discussed.

COMMISSION COMMITTEE REPORTS:
Commissioner Solomon discussed activities of the Fish Committee. The other committee reports will be discussed during the April 20, 2007, Commission conference call.

SUMMARY OF COMMISSION REQUESTS:
Commissioners will review the current list of Commission requests to the Department and consider new requests during the April 20, 2007, Commission conference call.

COMMISSION POLICY DOCUMENT:
Commissioners reviewed and discussed possible changes to the 1996 Policy Document, which describes the role of the Commission.

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

MISCELLANEOUS AND MEETING DEBRIEF:
Commissioners discussed items that arose immediately before or during the meeting and after the preliminary agenda was published.

Chair Gutzwiler adjourned the meeting at 3:20 p.m.





MEMOS AND AUTHORITIES FROM THE APRIL 6-7, 2007
FISH AND WILDLIFE COMMISSION MEETING, ELLENSBURG



Approval of Minutes

- Motion by Shiosaki, second by Perry, to approve the minutes of the following:

- March 2, 2007, Commission conference call; and
- March 16, 2007, Commission conference call.
The motion carried unanimously.*
Approval of Puget Sound Dungeness Crab Catch Record Card Modifications Rules

- Motion by Chew, second by Mahnken, to adopt the permanent rule amendments to WAC 220-56-175, Catch record cards, as proposed. The motion carried unanimously. *

Approval of Columbia River Fishery Rules

- Motion by Solomon second by Shiosaki, to adopt the permanent rule amendments to WAC 220-16-095, Definitions-set net, as proposed. The motion carried unanimously.*

- Motion by Solomon, second by Shiosaki, to adopt the permanent rule amendments to WAC 220-22-010, Columbia River Salmon Management and Catch Areas, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.*

- Motion by Solomon, second by Mahnken, to adopt the permanent rule amendments to WAC 22-33-005, Definitions- river mouth sanctuaries, as proposed. The motion carried unanimously.*

- Motion by Mahnken, second by Shiosaki, to adopt the permanent amendments to WAC 22-33-010, Salmon, as proposed. The motion carried unanimously. *

Approval of Land Transactions

- Motion by Wecker, second by Perry, to approve the:

- Acquisition of 71.62 acres on Padilla Bay in Skagit County for $483,000;
- Acquisition of 30 acres on Debay Slough in Skagit County for $30,000;
- Acquisition of the 520 acres in the Chehalis Valley in Grays Harbor County for $1,200,000;
- Purchase of the 62 acress of hunting rights in Grays Harbor County for $15,900; and
- Grant right-of-way easement over 3.6 acres of Department land in Columbia Basin Wildlife Area to Grant County.
The motion carried unanimously.
Approval of Hunting Hours for Game Birds and Game Animals Rules

- Motion by Shiosaki, second by Chew, to adopt the permanent rule amendments to WAC 232-12-289, Official hunting hours for game birds and game animals, as proposed. The motion carried unanimously.

Approval of Landowner Hunting Permits Rules

- Motion by Perry, second by Shiosaki, to adopt the permanent rule amendments to WAC 232-28-295, Landowner hunting permits, as proposed. The motion carried unanimously.

Approval of Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas Rules

- Motion by Wecker, second by Perry, to adopt the permanent rule amendments to WAC 232-28-273, 2006-2008 Moose, bighorn sheep, and mountain goat seasons and permit quotas, as proposed. The motion carried unanimously.

Approval of Deer and Elk Hunting Seasons Rules

- Motion by Chew, second by Wecker, to adopt the permanent rule amendments to WAC 232-28-351, 2006-2008 Deer general seasons and definitions; and WAC 232-28-352, 2006-2008 Elk general seasons and definitions, as proposed. The motion carried unanimously.

Approval of Game Management Units Boundary Descriptions, Region 5 Rules

- Motion by Wecker, second by Shiosaki, to adopt the permanent rule amendments to WAC 232-28-353, Game management units (GMUs) boundary descriptions, Region five, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

Approval of Deer and Elk Special Permits Rules

- Motion by Shiosaki, second by Wecker, to adopt the permanent rule amendments to WAC 232-28-353, 2007 Deer special permits; and WAC 232-28-354, 2007 Elk special permits, as filed with the Code Reviser's Office and amended by staff.

- Motion by Perry, second by Shiosaki, to amend WAC 232-28-354, 2007 Elk special permits, by adding a line under Teanaway A to read: "Teanaway A1, October 22-November 4, any bull, EF, GMU 335, 1 permit". The motion to amend the motion carried unanimously.

- Motion by Perry, second by Solomon, to amend WAC 232-28-353, 2007 Deer special permits, by reverting back to the original levels in Entiat C and Entiat D in GMU 247. The motion to amend the motion carried unanimously.

- Motion by Perry, second by Shiosaki, to amend WAC 232-28-353, 2007 Deer special permits, by changing Quilomene A, B, and C (GMU 329) to 3 point minimum". The motion to amend the motion carried unanimously.

The motion, as amended, carried.

Approval of Importation and Retention of Dead Nonresident Wildlife Rules

- Motion by Wecker, second by Chew, to adopt the permanent rule amendments to WAC 232-12-021, Importation and retention of dead nonresident wildlife, as proposed. The motion carried unanimously.

Approval of Livestock Grazing on Department Lands Rules

- Motion by Wecker, second by Shiosaki, to adopt the permanent rule amendments to WAC 232-12-181, Livestock grazing on Department of Fish and Wildlife lands, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.




* Commissioner Gutzwiler absent during discussion and vote on the motion.


Commissioners in Attendance:
Jerry Gutzwiler, Chair
Miranda Wecker, Vice Chair
Ken Chew
Gary Douvia
Conrad Mahnken
Chuck Perry
Fred Shiosaki
Shirley Solomon

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