Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
MEETING
April 12-13, 2002

Kittitas County Fairgrounds
512 North Poplar
Ellensburg, Washington

ATTENDANCE:
Commission Public (Cont.)
Russ Cahill, Chair Bill Burr
Will Roehl, Vice Chair Dan Floyd
Ron Ozment Tom Zimmerman
Lisa Pelly Douglas Nott
Dawn Reynolds Bob Brodenius
Fred Shiosaki Bruce Anderson
Bob Tuck Robert Shell
Van Van Gytenbeek Ed Bogachus
Kelly White Don Madsen
Gerald French
Commission Staff: Darian Carpenter, WCW, WSAA
Debbie Nelson Charles Fisher, Tacoma Sportsmen's Club
Ron Gayman, Worldcom
Department Ken DeLeone, WSAA
Jeff Koenings, Director Robert "Doc" Laughery, WSAA
Larry Peck, Deputy Director Tom Baskin, Disabled Sportsmen Assoc.
Bob Lamb Bruce Weaver
Bruce Bjork Raymond Floyd
Harriet Allen Dean Cook, WSAA
John Kerwin Ron Herms
John Hisata George Connors
Jim Uehara Stan Deardorff
Bill Frymire, AGO Ron Peterson
Bob Gibbons Jim Pearson, SCI
Eric Cummins Duane & Joanne Beattie
Dave Ware Bob Oke, WA State Senator
Don Kraege Zac Williams
Jerry Nelson William Camden
Donny Martorello Nic Williams
Lee Stream Len Zickler
Other Department staff Brad Wood, Washington Falconers Assoc.
Martin Pedersen
Public Dale Hombley
Don & Verna Heinicke Don McBride
gerald Walton Paul Bruyn
Mike & Sylvia O'Brien David Garrison, WSAA
Ken Irvine Kelli Linville, WA State Representative

FRIDAY, APRIL 12:

Chair Cahill called the meeting to order at 1:00 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.

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

The Department will present its supplemental budget reduction plan for Commission consideration of approval at the April 18, 2002 conference call.

Commissioner Van Gytenbeek requested future budget updates include actual expenditures for the previous two years.

REVISED PLAN FOR USE OF ROTENONE IN FISH MANAGEMENT.
Bob Gibbons and Jim Uehara presented the Revised Plan for the Use of Rotenone in Fish Management for adoption.

Commissioner Reynolds requested the Department review available literature on the long-lasting effects on coho populations from rehabilitations and report its findings to the Commission via a memorandum.

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

Commissioner Shiosaki moved, seconded by Commissioner Van Gytenbeek, to adopt the Department's Revised Plan for the Use of Rotenone in Fish Management. The motion to adopt the plan carried unanimously.

AMENDMENT TO VIABLE SALMON EGGS RULES:
John Kerwin presented a proposed permanent amendment to WAC 220-74-020, Priorities. This amendment would establish and implement the priorities for use of surplus salmon eggs as set forth in Engrossed Substitute House Bill 1286.

No public input was received on the proposed amendment during the meeting.

Commissioner Van Gytenbeek moved, seconded by Commissioner Reynolds, to adopt the permanent amendment to WAC 220-74-020, Priorities. The motion to adopt the permanent amendment to the rule carried unanimously. (Commissioner Pelly was absent during discussion and vote on the motion.)

BATTERY-POWERED/ELECTRONIC WATERFOWL DECOYS AND OTHER HUNTING TECHNOLOGY--BRIEFING:
Don Kraege and Dave Ware briefed the Commission on battery-powered/electronic waterfowl decoys and other hunting technology.

The Commission did not request any further Department action on this issue.

COMMISSION PUBLIC OUTREACH PROCESS:
The Commission discussed a draft public outreach process for the Commission for the coming year.

Commissioners were asked to provide their comments on the draft process to Commissioner Pelly by April 19.

AMENDMENTS TO RULES TO RECLASSIFY PEREGRINE FALCON:
Harriet Allen presented proposed permanent amendments to the following rules to reclassify the peregrine falcon from a state endangered species to a state sensitive species:

- WAC 232-12-011, Wildlife Classified as Protected Shall Not Be Hunted or Fished; and

- WAC 232-12-014, Wildlife Classified as Endangered Species.

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

Commissioner White moved, seconded by Commissioner Ozment, to adopt the permanent amendment to WAC 232-12-014, Wildlife Classified as Endangered Species. The motion to adopt the permanent amendment to the rule carried unanimously.

Commissioner White moved, seconded by Commissioner Shiosaki, to adopt the permanent amendment to WAC 232-12-011, Wildlife Classified as Protected Shall Not Be Hunted or Fished. The motion to adopt the permanent amendment to the rule carried unanimously.

AWARDS:
Awards of recognition and appreciation were presented to the following individuals:

- Ken Irvine of Yakima for his outstanding volunteer community service; and

- Don Heinicke of Wenatchee for his honorable and faithful service as a former Fish and Wildlife Commissioner.

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

Chair Cahill recessed the meeting at 5:30 p.m.

SATURDAY, APRIL 13:

Chair Cahill called the meeting back to order at 9:00 a.m.

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

Larry Bagman from MCI Worldcom was present to address concerns/problems with the WILD system.

ESTABLISHMENT OF 2002 MOOSE, BIGHORN SHEEP, AND MOUNTAIN GOAT SEASONS AND PERMIT QUOTAS:
Donny Martorello presented a proposed permanent amendment to WAC 232-28-273, 2002 Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas, to establish the 2002 permit seasons and quotas for these species.

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

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 232-28-273, 2002 Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas. The motion to adopt the permanent amendment to the rule carried unanimously.

AMENDMENTS TO SPECIAL CLOSURES AND FIREARM RESTRICTION AREAS--BOUNDARY DESCRIPTIONS FOR GMUS AND SPECIAL GAME AREAS:
Jerry Nelson presented proposed permanent amendments to the following rules to establish firearm restriction areas to address safety concerns and to adjust hunting areas to address damage concerns:

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

- 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.

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

The Department will include in the development of the three-year package a review of Muzzleloader Area 911 to provide additional opportunity for other user groups. Dave Ware will request regional staff meet with King County to request the County not establish the area between Highways 18 and 169 in King County as a no-shooting zone while the Department considers establishment of a firearm restriction area for the three-year package.

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 232-28-248, Special Closures and Firearm Restriction Areas;

- 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.

Commissioner Tuck moved, seconded by Commissioner White, to amend the motion to modify WAC 232-28-02240 to remove the proposed additional language for Muzzleloader Area 911 and include it as a new Archery Area. The motion to amend the motion was withdrawn for consideration in the three-year package and as part of the herd planning process.

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

AMENDMENT TO 2002 DEER GENERAL SEASONS/ESTABLISHMENT OF 2002 DEER PERMIT SEASONS AND QUOTAS:
Jerry Nelson presented a proposed permanent amendment to WAC 232-28-278, 2000-2002 Deer General Seasons and 2001 Special Permits. This amendment would maintain general season deer hunting opportunities for 2002 with specific adjustments and establish deer permit seasons and quotas for 2002.

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

Chair Cahill will have the Commission's Advisory Committee for the Disabled determine if a statutory change is required in order to revoke a disabled hunter permit from someone cited for violating conditions of the permit.

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

Chair Cahill moved, seconded by Commissioner White, to amend the motion to remove GMUs 124 and 127 from the November 20-December 8 Eastern Washington whitetail archery deer seasons and add them to the November 20-December 15 seasons. The motion to amend the motion carried unanimously.

Commissioner White requested the Department consider during development of the three-year package an archery season opener the day after Labor Day.

Commissioner Tuck requested the Department consider the Washington State Archery Association's proposal that early and late archery seasons be any deer versus the three-point minimum in Central Washington.

The motion, as amended, carried unanimously.

Commissioner White requested the Department consider for the three-year package adding late archery deer season in GMUs 245-266 and 269 and other areas, and leaving one GMU open to all user groups.

AMENDMENT TO 2002 ELK GENERAL SEASONS/ESTABLISHMENT OF 2002-2003 ELK PERMIT SEASONS AND QUOTAS/AMENDMENT TO 2002 AND 2003 EASTSIDE ELK AUCTION AND RAFFLE PERMIT HUNTS:
Jerry Nelson and Dave Ware presented permanent amendments to the following rules:

-WAC 232-28-279, 2000-2002 Elk General Seasons and 2002-2003 Special Permits. This amendment would maintain general season elk hunting opportunities for 2002 with specific adjustments and establish elk permit seasons and quotas for 2002-2003; and

-WAC 232-28-277, 2001, 2002, 2003 Big Game and Wild Turkey Auction Permits and Raffles. This amendment would remove GMUs 162 and 166 from the 2002 and 2003 eastside elk auction and raffle permit hunt areas.

The Department exceeded the kill quota of 100 elk established by the Commission for the 2001-2002 landowner damage permit hunts. In response to Commissioner White's questioning, Dave Ware assured the Commission that at this time the Department does not propose an increase in the kill quota for 2002-2003 landowner damage permit hunts. He committed the Department to monitoring the harvest that coincides with those permits and guaranteed that a maximum of 100 elk will be killed during the 2002-2003 landowner damage permit hunts.

Commissioner Tuck requested the Commission be provided with information on the number of damage permits issued.

The Wildlife Committee will take the lead on reviewing landowner damage permit hunts.

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

Commissioner Pelly moved, seconded by Commissioner Roehl, to adopt the permanent amendment to WAC 232-28-279, 2000-2002 Elk General Seasons and 2002-2003 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 Van Gytenbeek moved, seconded by Commissioner Roehl, to adopt the permanent amendment to WAC 232-28-277, 2001, 2002, 2003 Big Game and Wild Turkey Auction Permits and Raffles, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment to the rule carried unanimously.

LICENSE FEE REVIEW:
Larry Peck briefed the Commission on the status of the Department's review of fishing and hunting license fees.

Department staff will work with the Executive Committee to conduct the review.

MISCELLANEOUS AND MEETING DEBRIEF:
The Department is to request the Attorney General's Office provide a briefing at the June 7-8, 2002 meeting on all pending litigation, lawsuits, and tort claims.

Commissioner Van Gytenbeek moved, seconded by Commissioner White, to request the Department contact the Missouri Department of Fish and Game and any other states which now have their own Canada goose control programs. The motion to request Department action carried unanimously.

Commissioner White moved, seconded by Commissioner Shiosaki, to request the Department include in future Game Harvest Reports the harvest success rates for all opportunities for each user group. The motion to request Department action carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to request the Department determine the feasibility of adopting a 2002 December Western Washington pheasant season. The motion to request Department action carried unanimously.

Commissioner Pelly requested the Department include dates and locations of the Hunter Education classes in the 2002-2003 hunting season pamphlet.

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

Chair Cahill adjourned the meeting at 1:25 p.m.





MEMOS AND AUTHORITIES FROM THE APRIL 12-13, 2002
FISH AND WILDLIFE COMMISSION MEETING, ELLENSBURG



Approval of Revised Plan for the Use of Rotenone in Fish Management

-Motion by Shiosaki, second by Van Gytenbeek, to adopt the Department's Revised Plan for the Use of Rotenone in Fish Management. The motion to adopt the plan carried unanimously.

Amendment to Viable Salmon Eggs Rules

-Motion by Van Gytenbeek, second by Reynolds, to adopt the permanent amendment to WAC 220-74-020, Priorities. The motion to adopt the permanent amendment to the rule carried unanimously. *

Amendments to Rules to Reclassify Peregrine Falcon

-Motion by White, second by Ozment, to adopt the permanent amendment to WAC 232-12-014, Wildlife Classified as Endangered Species. The motion to adopt the amendment to the rule carried unanimously.

-Motion by White, second by Shiosaki, to adopt the permanent amendment to WAC 232-12-011, Wildlife Classified as Protected Shall Not Be Hunted or Fished. The motion to adopt the permanent amendment to the rule carried unanimously.

Adoption of 2002 Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas

-Motion by Roehl, second by Van Gytenbeek, to adopt the permanent amendment to WAC 232-28-273, 2002 Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas. The motion to adopt the permanent amendment to the rule carried unanimously.

Amendments to Special Closures and Firearm Restriction Areas--Boundary Descriptions for GMUs and Special Game Areas

-Motion by Roehl, second by Shiosaki, to adopt permanent amendments to the following rules, as filed with the Code Reviser's Office and amended by staff:

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

-- 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.

Motion by Tuck, second by White, to amend the motion to modify WAC 232-28-02240 to remove the proposed additional language for Muzzleloader Area 911 and include it as a new Archery Area. The motion to amend the motion was withdrawn.

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

Amendment to 2002 Deer General Seasons/Establishment of 2002 Deer Permit Seasons and Quotas

-Motion by Pelly, second by Shiosaki, to adopt the permanent amendment to WAC 232-28-278, 2000-2002 Deer General Seasons and 2002 Special Permits, as filed with the Code Reviser's Office and amended by staff.

Motion by Cahill, second by White, to amend the motion to remove GMUs 124 and 127 from the November 20-December 8 Eastern Washington whitetail archery deer seasons and add them to the November 20-December 15 seasons. The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

Amendment to 2002 Elk General Seasons/ Establishment of 2002-2003 Elk Permit Seasons & Quotas/ Amendment to 2002 and 2003 Eastside Elk Auction and Raffle Permit Hunts

-Motion by Pelly, second by Roehl, to adopt the permanent amendment to WAC 232-28-279, 2000-2002 Elk General Seasons and 2002-2003 Special Permits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the amendment to the rule carried unanimously.

-Motion by Van Gytenbeek, second by Roehl, to adopt the permanent amendment to WAC 232-28-277, 2001, 2002, 2003 Big Game and Wild Turkey Auction Permits and Raffles, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment to the rule carried unanimously.

Commission Requests

-Motion by Van Gytenbeek, second by White, to request the Department contact the Missouri Department of Fish and Game and any other states which now have their own Canada goose control programs. The motion to request Department action carried unanimously.

-Motion by White, second by Shiosaki, to request the Department include in future Game Harvest Reports the harvest success rates for all opportunities for each user group. The motion to request Department action carried unanimously.

-Motion by Roehl, second by Van Gytenbeek, to request the Department determine the feasibility of adopting a 2002 December Western Washington pheasant season. The motion to request Department action carried unanimously.







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

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

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