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

ATTENDANCE:
Commission	Public
Will Roehl, Chair	Bill Vincent, Committee for Persons with Disabilities
Ron Ozment, Vice Chair	Britt Dudek, Foster Creek Manager
Russ Cahill	Wade Troutman, WA Assoc. of Conservation
Lisa Pelly	Dave Becker
Dawn Reynolds	Jerry Gutzwiler
Fred Shiosaki	Dale Sharp, Traditional Bowhunters of WA
Bob Tuck	James Kave
Van Van Gytenbeek	Roger Peffer, WA State Bowhunters
Kelly White	Dave Thiesfeld
	Jay Kinney, WA State Bowhunters
Commission Staff:	John Magart, NE WA Wildlife Group
Nancy Burkhart	Al Marz, NE WA Wildlife Group
	Ivan Miller, NE WA Wildlife Group
Department	Mark Stevenson
Jeff Koenings, Director	Jamey Layman, Inland NW Wildlife Council
Larry Peck, Deputy Director	Jim Kujala, Inland NW Wildlife Council
Bill Frymire, AGO	Jim Pearson
Dan Budd	Mike Meseberg
Brenda Kane	Ron Herms
Cynthia Pratt	Rick Liebel, WA State Bownhunters
Morris Barker	Stan Hansen
Donny Martorello	Dan Boeholt
Ron Fox	Dean Cook, WA State Archery Assoc.
Mick Cope	Larry Hansen
Jerry Nelson	Eric Granstrom, KPQ Radio
Dave Brittell	David Garrison, WA State Archery Assoc.
Dave Ware	Jack Nyman
Bruce Bjork	Jim Stevenson, Yakama Nation
John Broome	David Blodget, Yakama Nation
Evan Jacoby	Tony Wells, Citizens for WA Wildlife
Dennis Beich	Ken Irvine
Madonna Luers	Leroy Ledeboer, Fishing & Hunting News
Jeff Tayer	Donald Derifield
Other Department Staff	B.J. Thorniley, WA State Trappers/WA for Wildlife
	Dale Magart
	Jack George, WA State Bowhunters

FRIDAY, APRIL 11:

Chair Roehl called the meeting to order at 12:05 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.

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

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

APPROVAL OF MINUTES:

Commissioner Cahill moved, seconded by Commissioner Ozment, to approve the minutes of the following:

- February 7-8, 2003, Commission meeting;
- March 7, 2003, Commission conference call;
- March 14-15, 2003, Commission workshop;
- March 20, 2003, Commission conference call;
- March 21, 2003, Commission conference call; and
- March 28, 2003, Commission conference call.

The motion to approve the minutes carried unanimously.
(Commissioners Tuck and Van Gytenbeek were absent during discussion and vote on the motion.)

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

Commissioner Cahill moved, seconded by Commissioner Shiosaki, to approve the following land transaction:

- Acquisition of the 103.6-acre The Trust for Public Land property in Okanogan County, together with a 189.4-acre conservation easement, for $2,330,900.

The motion to approve the land transaction carried.
(Commissioners Pelly, Tuck, and Van Gytenbeek were absent during discussion and vote on the motion.)

Commissioner White moved, seconded by Commissioner Shiosaki, to approve the following land transactions:

- Acquisition of the 660-acre Hercule Ranch Limited Partnership in Adams County, together with a 252.64-acre conservation easement, for $347,000; and
- Acquisition of the 40-acre Pope Resources property in Kitsap County for $27,000.

The motion to approve the land transactions carried unanimously.
(Commissioners Pelly, Tuck, and Van Gytenbeek were absent during discussion and vote on the motion.)

COMMISSION'S ADVISORY COMMITTEE FOR PERSONS WITH DISABILITIES -- BRIEFING:
Bill Vincent, Chair of the Commission's Committee for Persons with Disabilities, briefed the Commission on the definition of "disability".

AMENDMENTS TO RULES FOR HUNTING GAME BIRDS AND ANIMALS BY PERSONS WITH DISABILITIES:
Brenda Kane presented proposed permanent amendments to WAC 232-12-828, Hunting of Game Birds and Animals by Persons of Disability, and WAC 220-55-001, Definitions. These amendments would clarify the definition of "accompanied" with regard to a designated hunter companion, change the definition of "person with a disability", change the requirement for a Designated Hunter Companion to better define what license is required, and add the definition of "Special Use Permit".

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

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

- WAC 232-12-828, Hunting of Game Birds and Animals by Persons of Disability; and
- WAC 220-55-001, Definitions;
and to repeal the following rules:
- WAC 220-55-060, Reduced Fee License Issuing Procedure; and
- WAC 220-56-370, Razor Clams--Disability Permits.

The motion to adopt the permanent amendments to the rules and to repeal the rules carried unanimously.
(Commissioners Tuck and Van Gytenbeek were absent during discussion and vote on the motion.)

HOUSEKEEPING AMENDMENTS TO WDFW ENVIRONMENTAL POLICY ACT (SEPA) RULES:
Cynthia Pratt presented numerous rule proposals to merge former Department of Fisheries and former Department of Game SEPA rules into one set of WDFW SEPA rules.

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

Commissioner Cahill 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 220-100-010, Definitions;
- Permanent amendment to WAC 220-100-020, Impact of SEPA on Fisheries;
- WAC 220-100-027, Critical Areas;
- Permanent amendment to WAC 220-100-030, Purpose;
- Permanent amendment to WAC 220-100-040, Scope and Coverage of this Chapter;
- Permanent amendment to WAC 220-100-045, Agency Policy--Substantive Authority and Mitigation;
- Permanent amendment to WAC 220-100-055, Timing of the SEPA Process;
- WAC 220-100-057, Threshold Levels Adopted by Local Governments;
- WAC 220-100-058, Notice/Statute of Limitations;
- Permanent amendment to WAC 220-100-060, Summary of Information Which May be Required of a Private Applicant;
- Permanent amendment to WAC 220-100-065, Assumption of Lead Agency Status;
- WAC 220-100-068, Formal Administrative Appeal of Department Environmental Determinations;
- Permanent amendment to WAC 220-100-070, Designation of Responsible Official;
- Permanent amendment to WAC 220-100-075, Mitigated DNS;
- Permanent amendment to WAC 220-100-080, SEPA Public Information Center; and
- Permanent amendment to WC 220-100-095, Public Notice;
and to repeal:
- WAC 232-19-010, Authority;
- WAC 232-19-015, Policy;
- WAC 232-19-020, Adoption by Reference;
- WAC 232-19-030, Purpose;
- WAC 232-19-040, Additional Definitions;
- WAC 232-19-050, Designation of Responsible Official;
- WAC 232-19-055, SEPA Public Information Center;
- WAC 232-19-060, EIS Preparation;
- WAC 232-19-070, Environmentally Sensitive Areas;
- WAC 232-19-080, Threshold Levels Adoption by Local Governments;
- WAC 232-19-090, Coordination of Combined State-Federal Action;
- WAC 232-19-100, Public Notice Requirements;
- WAC 232-19-110, Notice/Statute of Limitations;
- WAC 232-19-120, Policies and Procedures for Conditioning or Denying Permits of Other Approvals;
- WAC 232-19-130, Informal Appeal;
- WAC 232-19-140, Formal Administrative Appeal; and
- WAC 232-19-180, Severability.

Because of concerns that there may be times that exemptions would impact fish and wildlife, Commissioner Reynolds moved, seconded by Commissioner Cahill, to amend WAC 220-100-057, Threshold Levels Adopted by Local Governments, to read: "...exempt from SEPA, the department shall give due consideration to exempt levels...". The motion to amend the motion carried unanimously.
(Commissioners Tuck and Van Gytenbeek were absent during discussion and vote on the motion.)

The motion, as amended, carried unanimously.
(Commissioners Tuck and Van Gytenbeek were absent during discussion and vote on the motion.)

AMENDMENTS TO RULES FOR COMMERCIAL GEODUCK AND HORSE CLAM HARVEST:
Morris Barker presented a proposed permanent amendment to WAC 220-52-019, Geoduck Clams--Gear and Unlawful Acts, to allow geoduck parts and horse clams to be brought aboard a commercial geoduck harvest vessel and landed at port.

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

Commissioner Pelly moved, seconded by Commissioner Reynolds, to adopt the permanent amendment to WAC 220-52-019, Geoduck Clams--Gear and Unlawful Acts. The motion to adopt the permanent amendment carried unanimously.
(Commissioners Tuck and Van Gytenbeek were absent during discussion and vote on the motion.)

AMENDMENTS TO RULES FOR THE SALE OF COMMERCIALLY CAUGHT SALMON AND SALMON EGGS:
Morris Barker presented a proposed permanent amendment to WAC 220-20-016, Sale and Purchase of Commercial Caught Salmon, to prohibit the sale of salmon eggs without the salmon carcass.

Public input on this rule proposal was accepted at the February 7-8, 2003, Commission meeting; no additional public input was accepted at this meeting.

Commissioner Shiosaki moved, seconded by Commissioner Cahill, to adopt the permanent amendment to WAC 220-20-016, Sale and Purchase of Commercial Caught Salmon. The motion to adopt the permanent amendment carried unanimously.
(Commissioners Tuck and Van Gytenbeek were absent during discussion and vote on the motion.)

AMENDMENTS TO RULES RELATING TO SHELLFISH DISEASE CONTROL--DENMAN ISLAND DISEASE:
Morris Barker presented numerous rule proposals to provide for a greater degree of protection to the wild and cultivated oyster stocks in Washington's waters.

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

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

- Permanent amendment to WAC 220-72-002, Promulgation;
- Permanent amendment to WAC 220-72-011, Oyster Drill Restricted Shellfish Areas--Puget Sound;
- Permanent amendment to WAC 220-72-015, Oyster Drill Restricted Shellfish Areas--Willapa;
- Permanent amendment to WAC 220-72-070, Oyster Drill Unrestricted Shellfish Areas;
- Permanent amendment to WAC 220-72-073, Unlawful Acts--Shellfish Transfer;
- Permanent amendment to WAC 220-72-076, Unlawful Acts--Permit Required;
- WAC 220-72-086, European Green Crab (Carcinus maenas) Restricted Shellfish Area;
- WAC 220-72-087, European Green Crab Unrestricted Area;
- WAC 220-72-089, Denman Island Disease Prohibited Area;
- WAC 220-72-090, Denman Island Disease Surveillance Area; and
- WAC 220-72-092, Denman Island Disease Unrestricted Area.

Commissioner Reynolds moved, seconded by Commissioner Cahill, to amend WAC 220-72-086, European Green Crab (Carcinus maenas) Restricted Shellfish Area, to read: "The areas are the waters and tidelands...". The motion to amend the motion carried unanimously.
(Commissioners Tuck and Van Gytenbeek were absent during discussion and vote on the motion.)

The motion, as amended, carried unanimously.
(Commissioners Tuck and Van Gytenbeek were absent during discussion and vote on the motion.)

RECOGNITION OF LOCAL LANDOWNER:
Dale Gies of Moses Lake was recognized for his years of dedication and partnership in promoting sound stewardship of wildlife and wildlife habitat.

COMMISSION REQUESTS TO THE DEPARTMENT:
The Commission reviewed the Summary of Commission Requests to the Department and considered future requests.

(See Miscellaneous and Meeting Debrief, for Commission Requests to the Department.)

ESTABLISHMENT OF 2003-2004, 2004-2005, 2005-2006 FURBEARER TRAPPING SEASONS:
Donny Martorello presented a proposed permanent amendment to WAC 232-28-515, Trapping Seasons and Regulations, to maximize recreational opportunities with biologically sustainable limits and clarify that trapping is not allowed on the Umatilla Tribe's Rainwater Wildlife Area in Columbia County.

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

Commissioner Shiosaki moved, seconded by Commissioner White, to adopt WAC 232-28-515, Trapping Seasons and Regulations. The motion to adopt the permanent amendment carried unanimously.
(Commissioners Tuck and Van Gytenbeek were absent during discussion and vote on the motion.)

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

Chair Roehl recessed the meeting at 3:55 p.m.

SATURDAY, APRIL 12:

Chair Roehl called the meeting back to order at 8:45 a.m.

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

FOSTER CREEK HABITAT CONSERVATION PLAN -- BRIEFING:
At the request of the Commission, Ron Fox, along with Britt Dudek (Foster Creek Manager) and Wade Troutman (President of Washington Association of Conservation), briefed the Commission on the status of the Habitat Conservation Plan being developed by the Foster Creek Conservation District.

ESTABLISHMENT OF SMALL GAME SEASONS RULES:
Mick Cope presented proposed rule proposals to provide hunting opportunities for small game species.

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

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

- Permanent amendment to WAC 232-12-068, Nontoxic Shot Requirements; and
- WAC 232-28-341, 2003-04, 2004-05, 2005-06 Small Game Seasons;
and to repeal:
- WAC 232-28-276, 2000-01, 2001-02, 2002-03 Official Hunting Hours and Small Game Seasons.

Commissioner Tuck moved, seconded by Commissioner Shiosaki, to amend the motion to modify WAC 232-28-341, 2003-04, 2004-05, 2005-06, Small Game Seasons, to change the starting dates for ring-necked pheasant. The motion to amend the motion carried.

Commissioner Tuck moved, seconded by Commissioner Van Gytenbeek, to amend the motion to modify WAC 232-28-341, 2003-04, 2004-05, 2005-06, Small Game Seasons, to change the starting dates for chukar. The motion to amend the motion failed.

The motion, as amended, carried unanimously.

ESTABLISHMENT OF 2003 MOOSE, BIGHORN SHEEP, AND MOUNTAIN GOAT PERMIT SEASONS AND QUOTAS:
Donny Martorello presented proposed permanent amendments to establish 2003 moose, bighorn sheep, and mountain goat permit seasons and quotas:

- WAC 232-28-273, Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas; and
- WAC 232-28-291, Special Hunting Season Permits.

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

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

- WAC 232-28-273, Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas; and
- WAC 232-28-291, Special Hunting Season Permits.

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

ESTABLISHMENT OF 2003-2004, 2004-2005, AND 2005-2006 BLACK BEAR AND COUGAR SEASONS:
Donny Martorello presented a proposed permanent amendment to WAC 232-28-272, 2003-2004, 2004-2005, and 2005-2006 Black Bear and Cougar Hunting Seasons and Regulations, to establish 2003-2004, 2004-2005, and 2005-2006 black bear and cougar seasons.

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

Commissioner Cahill moved, seconded by Commissioner Pelly, to adopt the permanent amendment to WAC 232-28-272, 2003-2004, 2004-2005, and 2005-2006 Black Bear and Cougar Hunting Seasons and Regulations.

To retain similar seasons as 2002 in the Northeast Bear Management Unit, Commissioner White moved, seconded by Commissioner Tuck, to amend the motion to (1) change Northeastern to Northeastern A and change the GMUs to 101-117, and (2) add a Northeastern B hunt with the hunting dates to be August 1-November 15 and the GMUs to be 121-130, 204. The motion to amend the motion carried.

The motion, as amended, carried unanimously.

ADOPTION OF HUNTING EQUIPMENT RULES:
Jerry Nelson presented three rule proposals to restrict equipment technology to maintain hunter ethics and fair chase:

- WAC 232-12-045, Hunting Equipment Restrictions;
- Permanent amendment to WAC 232-12-051, Muzzleloading Firearms; and
- Permanent amendment to WAC 232-12-054, Archery Requirements--Archery Special Use Permits.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner White, to adopt:

- WAC 232-12-045, Hunting Equipment Restrictions;
- Permanent amendment to WAC 232-12-051, Muzzleloading Firearms; and
- Permanent amendment to WAC 232-12-054, Archery Requirements--Archery Special Use Permits.

Commissioner Pelly moved, seconded by Commissioner White, to amend WAC 232-12-045, Hunting Equipment Restrictions by deleting "crossbow". The motion to amend the motion failed.

The motion to adopt the rule proposals carried unanimously.

AMENDMENTS TO BOUNDARY DESCRIPTIONS FOR GMUS AND SPECIAL GAME AREAS:
Jerry Nelson presented numerous rule proposals to establish deer and elk areas and address wildlife damage concerns.

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

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 232-28-248, Special Closures and Firearm Restriction Areas; and to repeal the following:

- WAC 232-28-02220, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Elk and Deer 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 amendment to the rules and to repeal the rules carried unanimously.

Commissioner Reynolds moved, seconded by Commissioner Ozment, to adopt WAC 232-28-337, Deer and Elk Area Descriptions, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the rule carried unanimously.

ADOPTION OF 2003-2005 DEER GENERAL SEASONS AND 2003 SPECIAL PERMITS--RULES:
Jerry Nelson presented a proposed permanent amendment to WAC 232-28-351, 2003-2005 Deer General Seasons and 2003 Special Permits, to set the deer general seasons for 2003-2005 and permit seasons for 2003. The changes recommended would provide additional harvest opportunity when biologically feasible, reduce the harvest when biologically necessary, and address deer damage complaints.

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

Commissioner Cahill moved, seconded by Commissioner Shiosaki, to adopt the permanent amendment to WAC 232-28-351, 2003-2005 Deer General Seasons and 2003 Special Permits, and to repeal WAC 232-28-278, 2000-2002 Deer General Seasons and 2001 Special Permits.

Commissioner White moved, seconded by Commissioner Tuck, to amend the motion to change the starting time to September 1 for the early archery Western Washington blacktail deer, Eastern Washington mule deer, and Eastern Washington whitetail deer seasons. The motion to amend the motion carried unanimously.

Commissioner Tuck moved, seconded by Commissioner Cahill, to amend the motion by moving GMU 342 from general mule deer seasons to special deer permit hunting seasons and add 100 permits. The motion to amend the motion failed.

The motion, as amended, carried unanimously.

ADOPTION OF 2003-2005 ELK GENERAL SEASONS AND 2003-2004 SPECIAL PERMITS--RULES:
Jerry Nelson presented a permanent amendment to WAC 232-28-351, 2003-2005 Elk General Seasons and 2003-2004 Special Permits, to set the elk general seasons for 2003-2005 and permit seasons for 2003-2004.

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

Commissioner White moved, seconded by Commissioner Cahill, to adopt WAC 232-28-351, 2003-2005 Elk General Seasons and 2003-2004 Special Permits, and repeal WAC 232-28-279, Elk General Seasons and 2001-2002 Special Permits.

Commissioner Tuck moved, seconded by Commissioner White, to amend the motion by changing the early archery elk season to September 8-21 for 2003, 2004, and 2005. The motion to amend the motion carried unanimously.
(Commissioner Reynolds was absent during discussion and vote on the motion.)

Commissioner Shiosaki moved, seconded by Commissioner Pelly, to amend the motion by changing the special elk hunts in Elk Areas 3911 and 3912 Advanced Hunter Education Master Hunters season to August 1-December 31 for 2003, 2004, and 2005. The motion to amend the motion failed.
(Commissioner Reynolds was absent during discussion and vote on the motion.)

Commissioner White moved, seconded by Commissioner Tuck, to amend the motion by changing the Early Archery Elk Seasons for 2003-2005 to September 8-21. The motion to amend the motion carried unanimously.
(Commissioner Reynolds was absent during discussion and vote on the motion.)

The motion, as amended, carried unanimously.
(Commissioner Reynolds was absent during discussion and vote on the motion.)

LANDOWNER DAMAGE HUNTS QUOTA INCREASE--RULES:
At the request of the Commission, John Broome presented a permanent amendment to WAC 232-28-266, 2003-2004, 2004-2005, 2005-2006 Landowner Damage Hunts, to increase the landowner damage hunt quota from 100 statewide to 200 statewide per year.

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

Commissioner White moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 232-28-266, 2003-2004, 2004-2005, 2005-2006 Landowner Damage Hunts. The motion to adopt the permanent amendment carried unanimously.

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

MISCELLANEOUS AND MEETING DEBRIEF:
Commissioner Cahill moved, seconded by Van Gytenbeek, to request that the Director begin due-diligence discussions with the Port of Olympia regarding the potential development of Department and Port properties in the Olympia Port area and provide a briefing at the December 5-6 Commission meeting. The motion to request Department action carried unanimously.
(Commissioners Reynolds and Roehl were absent during discussion and vote on the motion.)

Commissioner Shiosaki moved, seconded by Commissioner White, to request that the Department provide a briefing at the August 1-2 Commission meeting on developing programs to enlist various hunting and fishing organizations across the state to set up litter pick-up projects. The motion to request Department action carried unanimously.
Commissioners Reynolds and Roehl were absent during discussion and vote on the motion.)

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to request that the Department provide a briefing at the August 1-2 Commission meeting on the Department's wind project policy. The motion to request Department action carried unanimously.
(Commissioners Reynolds and Roehl were absent during discussion and vote on the motion.)

Vice Chair Ozment adjourned the meeting at 4:53 p.m.

* Commissioners Tuck and Van Gytenbeek were absent during discussion and vote on the motion.

** Commissioners Pelly, Tuck, and Van Gytenbeek were absent during discussion and vote on the motion.

*** Commissioner Reynolds was absent during discussion and vote on the motion.

**** Commissioners Reynolds and Roehl were absent during discussion and vote on the motion.

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

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