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

ATTENDANCE:
Commission	Public
Will Roehl, Chair	David Harsila, Puget Sound Salmon Commission
Ron Ozment, Vice Chair	Greg Minson, Puget Sound Salmon Commission
Russ Cahill	Robert Kehoe, Purse Seine Vessel Owners Assn.
John A. Hunter	Bobbie Thorniley, WA State Trappers; WA for Wildlife Conservation
Lisa Pelly	Paul Sadler
Dawn Reynolds	Jim Pearson, WA State SCI
Fred Shiosaki	Sylvia Thorpe
Bob Tuck	Stephen Lowe
	Sheilah Kennedy, Okanogan Co. Nox. Weed Bd.
Commission Staff:	Jerry Lowe
Susan Yeager	Brian Cebe
	Steve Sutton
Department	Dave Drewry, Peninsula Guide & Outfitters
Jeff Koenings, Director	Jason Otto
Larry Peck, Deputy Director	John Otto
Bill Frymire, AGO	Patric Shearer, Waterfowl Advisory Group
Jim Lux	Joel Kretz, Okanogan Farm Bureau
Dan Budd	Brad Otto
Tom Davis	Maynard Axelson, WA Brant Foundation
John Mankowski	Mary Lou Peterson, Okanogan Co. Commission
Rocky Beach	George S. Poteet
Don Kraege	John Sewell, Wa State Hound Council
Mick Cope	Punky Sewell, WA State Hound Council
Jerry Nelson	Ann Eissinger, Wildlife Conservation Trust
Sean Carrell	Mike Blankenship, Ferry County Commission
Donny Martorello	Rhoda Cargill, Safe & Sane Environmentalism
Lisa Veneroso	Jim Jorgenson
Rich Lincoln	Mike Hogan
Morris Barker	William Melson
Bob Gibbons	Mike Shelby
John Kerwin	Shannon Moore, Puget Sound Harvesters
Bruce Bjork
Mike Cenci
Ross Fuller
Mike Kuttel
Brad James
Jim Skalski, OFM
Dave Ware
Bob Everitt
Tim Waters
Other Department Staff

FRIDAY, AUGUST 1:

Chair Roehl called the meeting to order at 8:35 a.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.

Commissioner Pelly requested that the Department provide an update at the October 3-4, 2003, workshop on the numbers of Atlantic salmon that have been located in coastal streams, and what surveys are being conducted to look for Atlantic salmon in coastal streams.

BUDGET UPDATE:
Jim Lux provided a status report on (1) closing out the 2001-03 biennium, and (2) the current biennial budget.

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

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

Commissioner Cahill moved, seconded by Commissioner Tuck, to approve the following land transactions:

- Grant an easement at Sequim Bay in Clallam County to the Jamestown S'Klallam Tribe and Charles Gunstone;
- Grant an easement exchange adjacent to the Nellie Corser Wildlife Area in Skamania County With Virginia A. Good;
- Grant an easement modification at the Voights Creek Hatchery in Pierce County to the Washington Department of Transportation;
- Convey the 3.44-acre parcel at Rotary Lake in Yakima County to the Washington Department of Transportation for $2,800; and
- Acceptance of the 31.58-acre donation property in Island County from the Whidbey-Camano Land Trust.

The motion to approve the land transactions carried unanimously.

COST ACCOUNTING SYSTEM - UPDATE:
Jim Lux updated the Commission on progress made since February 2003 on developing a new cost accounting system.

PACIFIC SALMON TREATY NORTH PUGET SOUND BUY-BACK PROGRAM - BRIEFING:
Jim Lux briefed the Commission on the implementation of the Pacific Salmon Treaty North Puget Sound Buy-Back Program.

OFFICE OF FINANCIAL MANAGEMENT OVERVIEW OF THE DEPARTMENT'S LEGISLATION AND SUPPLEMENTAL BUDGET PROCESS AND TIMELINES:
Jim Skalski, Office of Financial Management Budget Assistant, provided an overview of the Governor's legislation and supplemental budget process and timelines.

REVIEW OF THE DEPARTMENT'S PROPOSED 2004 REQUEST LEGISLATION:
Tom Davis and Jim Lux presented the Department's 2004 Request Legislation for Commission approval.

Commissioner Tuck moved, seconded by Commissioner Hunter, to approve the Department's 2004 Request Legislation for submission to the Office of Financial Management.

Commissioner Pelly moved, seconded by Commissioner Shiosaki, to remove the rewrite of RCW 77.55 -- HPA from the package. The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

GROWTH MANAGEMENT ACT AND SHORELINE MANGEMENT ACT - UPDATE:
At the request of the Commission, John Mankowski provided an update on the Growth Management Act and Shoreline Management Act. The current and future role of the Department in protection of fish and wildlife habitats under these Acts was discussed.

TIDEGATE BILL (HOUSE BILL 1418) IMPLEMENTATION - UPDATE:
John Mankowski presented the Department's responsibilities identified in the recent legislation regarding fish passage and tidegates.

POTENTIAL IMPACT ON AMPHIBIAN POPULATIONS USED FOR BAIT - BRIEFING:
Rocky Beach briefed the Commission on the potential impact the use of amphibians for bait has on amphibian populations.

AMENDMENTS TO GAME RESERVE AND WATERFOWL BOUNDARY CLOSURE RULES:
Don Kraege presented proposed permanent amendments to the following rules to provide hunting recreation and damage control consistent with the status of waterfowl species:

- WAC 232-16-600, North Potholes Game Reserve;
- WAC 232-16-660, Frenchmen Hills Wasteway Game Reserve; and
- WAC 232-16-740, Columbia, Snake, and Yakima River Waterfowl, Coot, and Snipe Closures.

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

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

- WAC 232-16-600, North Potholes Game Reserve;
- WAC 232-16-660, Frenchmen Hills Wasteway Game Reserve; and
- WAC 232-16-740, Columbia, Snake, and Yakima River Waterfowl, Coot, and Snipe Closures.

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

ESTABLISHMENT OF 2003-04 MIGRATORY WATERFOWL SEASONS AND RULES:
Don Kraege presented a proposed rule proposal, WAC 232-28-417, 2003-04 Migratory Waterfowl Seasons and Regulations, to provide hunting recreation and damage control consistent with the status of waterfowl species.

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

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt WAC 232-28-417, 2003-04 Migratory Waterfowl Seasons and Regulations, as filed with the Code Reviser's Office and amended by staff, and to repeal WAC 232-28-416, 2002-03 Migratory Waterfowl Seasons and Regulations.

Commissioner Cahill moved, seconded by Commission Tuck, to amend WAC 232-28-417, 2003-04 Migratory Waterfowl Seasons and Regulations, by changing "oldsquaws" to "long-tailed ducks". The motion to amend the motion carried unanimously.

Commissioner Tuck moved, seconded by Commissioner Hunter, to amend WAC 232-28-417, 2003-04 Migratory Waterfowl Seasons and Regulations, to include a season limit of one harlequin duck and require a catch record card. The motion to amend the motion failed.

The main motion, as amended, carried unanimously.

AMENDMENTS TO 2003-04, 2004-05, 2005-06 SMALL GAME SEASONS RULES:
Mick Cope presented a proposed permanent amendment to WAC 232-28-341, 2003-04, 2004-05, 2005-06 Small Game Seasons, to correct an error in the season dates for the youth turkey season, and adjust the Eastern Washington pheasant season.

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

Commissioner Cahill moved, seconded by Commissioner Shiosaki, to adopt WAC 232-28-341, 2003-04, 2004-05, 2005-06 Small Game Seasons, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment carried unanimously.

AMENDMENTS TO GAME MANAGEMENT UNIT BOUNDARY DESCRIPTIONS RULES:
Jerry Nelson presented proposed permanent amendments to correct minor errors and clarify GMU boundary language.

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

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

- WAC 232-28-331, Game Management Units (GMUs) Boundary Descriptions--Region One;
- WAC 232-28-332, Game Management Units (GMUs) Boundary Descriptions--Region Two;
- WAC 232-28-333, Game Management Units (GMUs) Boundary Descriptions--Region Three;
- WAC 232-28-334, Game Management Units (GMUs) Boundary Descriptions--Region Four;
- WAC 232-28-335, Game Management Units (GMUs) Boundary Descriptions--Region Five; and
- WAC 232-28-336, Game Management Units (GMUs) Boundary Descriptions--Region Six.

The motion to adopt the permanent amendments carried unanimously.

HOUSEKEEPING AMENDMENTS TO RULES REGARDING POSSESSION OF DEAD WILDLIFE; DEER AND ELK AUCTION AND RAFFLE PERMITS; HUNTER ORANGE CLOTHING; AND SPECIAL HUNTING SEASON PERMITS:
Jerry Nelson presented proposed permanent amendments to the following rules:

- WAC 232-12-287, Possession of Dead Wildlife. This amendment is in response to the Commission requesting language allowing for the possession of naturally shed moose antlers.
- WAC 232-28-282, Big Game and Wild Turkey Auction, Raffle, and Special Incentive Permits. This amendment would generate more funds for the Department through deer and elk auction and raffle permits.
- WAC 232-12-055, Hunting--Hunter Orange Clothing Requirements. To maintain consistency, this amendment would add cougars to the list of hunted species under which hunters are required to wear orange if a modern firearm deer or elk season is being conducted.
- WAC 232-28-291, Special Hunting Season Permits. This amendment would provide more incentives to citizens who take an active role against illegal hunting activities.

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

Commissioner Cahill moved, seconded by Commissioner Ozment, to adopt the permanent amendments to the following rules:

- WAC 232-12-287, Possession of Dead Wildlife;
- WAC 232-28-282, Big Game and Wild Turkey Auction, Raffle, and Special Incentive Permits;
- WAC 232-12-055, Hunting--Hunter Orange Clothing Requirements; and
- WAC 232-28-291, Special Hunting Season Permits.

The motion to adopt the permanent amendments carried unanimously.

AMENDMENT TO PUBLIC SAFETY COUGAR REMOVALS WITH THE AID OF DOGS:
Donny Martorello and Sean Carrell presented a permanent amendment to WAC 232-12-243, Public Safety Cougar Removals, which would administer and manage the public safety cougar removal hunts.

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

Commissioner Cahill moved, seconded by Commissioner Hunter, to adopt the permanent amendment to WAC 232-12-243, Public Safety Cougar Removals, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment carried unanimously.

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

Meeting recessed at 6:08 p.m.

SATURDAY, AUGUST 2:

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

AMENDMENTS TO PUGET SOUND COMMERCIAL CRAB, SEA URCHIN, AND SEA CUCUMBER FISHERIES RULES:
Lisa Veneroso presented permanent amendments to WAC 220-69-240, Duties of Commercial Purchasers and Receivers. These amendments would require wholesale dealers to report purchases of Puget Sound crab made on the previous calendar day, and revise the Department telephone and FAX numbers for reporting catches.

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

Commissioner Cahill moved, seconded by Commissioner Ozment, to adopt the permanent amendments to WAC 220-69-240, Duties of Commercial Purchasers and Receivers. The motion to adopt the permanent amendments carried unanimously.

AMENDMENTS TO OCEAN SPOT SHRIMP COMMERCIAL FISHERIES RULES:
Lisa a Veneroso presented numerous proposed permanent amendments to limit the size of vessels that can be designated by the permit holders, eliminate the requirement to have ownership in the vessel designated on the permit, and require information on fish receiving tickets that designates sub-area catch with a Catch and Management Report Areas.

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

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

- WAC 220-88B-010, Emerging Commercial Fishery--Coastal--Purpose;
- WAC 220-88B-020, Designation of the Coastal Spot Shrimp Pot Fishery as an Emerging Commercial Fishery;
- WAC 220-88B-030, Emerging Commercial Fishery--Eligibility for Coastal Experimental Fishery Permits--Terms and Conditions of Use--Renewal--Vessel Restriction; and
- WAC 220-69-240, Duties of Commercial Purchasers and Receivers;
and to repeal:
- WAC 220-88B-050, Coastal Spot Shrimp Trawl Experimental Fishery--Season and Gear--Trawl Gear Restriction--Pot Gear Restriction--Species Restriction.

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

ESTABLISHMENT OF 2003 PUGET SOUND GILL NET SALMON FISHING SEASONS RULES:
Rich Lincoln presented proposed permanent amendments to WAC 220-47-411, Gill Net--Open Periods, to establish the preseason gill net fishing schedules developed as part of the 2003 North of Falcon fishing plan agreed to by the Department and the Tribes.

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

Commissioner Cahill moved, seconded by Commissioner Hunter, to adopt the permanent amendments to WAC 220-47-411, Gill Net--Open Periods. The motion to adopt the permanent amendments carried.

APPROVAL OF MINUTES:

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to approve the minutes of the:

- May 10, 2003, Commission Special Work Session;
- June 5, 2003, Commission conference call;
- June 19, 2003, Commission conference call; and
- July 3, 2003, Commission conference call.

The motion to approve the minutes carried unanimously.

SUMMARY OF COMMISSION REQUESTS TO THE DEPARTMENT:
The Commission reviewed the Summary of Commission Requests and considered new requests.

Commissioner Cahill moved, seconded by Commissioner Pelly, to request the Department provide at the December 2003 meeting a review of the status of the progress over the last five years toward getting a more diverse work force. The motion to request Department action carried unanimously.

"GO PLAY OUTSIDE" PARTNERSHIP--ANNUAL REPORT:
Mike Kuttel provided the Commission with the annual progress report on the "Go Play Outside" Partnership, and the future direction of the program.

APPROVAL OF YELLOWEYE ROCKFISH POSSESSION LIMIT RULES:
Morris Barker presented WAC 220-56-235, Possession Limits--Bottomfish, to prohibit at-sea possession of yelloweye rockfish in March Catch Areas 1-4.

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

Commissioner Shiosaki moved, seconded by Commissioner Cahill, to adopt WAC 220-56-235, Possession Limits--Bottomfish. The motion to adopt the rule proposal carried unanimously.
(Commissioner Tuck was absent during discussion and vote on the motion.)

HOUSEKEEPING AMENDMENT TO CLAM SALES FROM STATE TIDELANDS RULES:
Morris Barker presented a proposed permanent amendment to WAC 220-52-020, Clams--Commercial Harvest, to align WAC language with RCWs 77.60.030 and 77.60.050 that allow the sale of surplus shellfish from state tidelands.

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

Commissioner Shiosaki moved, seconded by Commissioner Cahill, to adopt the permanent amendment to WAC 220-52-020, Clams--Commercial Harvest. The motion to adopt the permanent amendment carried unanimously.
(Commissioner Tuck was absent during discussion and vote on the motion.)

AMENDMENTS TO COMMERCIAL SEA CUCUMBER RULES:
Morris Barker presented proposed permanent amendments to WAC 220-52-071, Sea Cucumbers, to correct a boundary description error, address legal hours of operation, and to identify the penalty for (1) failure to properly display vessel ID numbers, (2) allowing excessive numbers of divers in the water, (3) fishing for or possessing geoduck clams during commercial sea cucumber fishing operations, and (4) fishing for or possessing sea cucumbers taken with trawl gear.

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

Commissioner Cahill moved, seconded by Commissioner Shiosaki, to adopt the permanent amendments to WAC 220-52-071, Sea Cucumbers. The motion to adopt the permanent amendments carried unanimously.
(Commissioner Tuck was absent during discussion and vote on the motion.)

AMENDMENTS TO COMMERCIAL SHRIMP RULES:
Morris Barker presented proposed permanent amendments to:

- WAC 220-16-270, Puget Sound Shrimp Districts, to create a commercial shrimp district definition similar to the Port Townsend Shrimp District definition for the sport shrimp district; and
- WAC 220-52-035, Crab and Shrimp Pot Gear--Escape Mechanism Required, to change the rot cord maximum thread size for the escape panel from 100 to 120.

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

Commissioner Cahill moved, seconded by Commissioner Hunter, to adopt the permanent amendments to WAC 220-16-270, Puget Sound Shrimp Districts, and WAC 220-52-035, Crab and Shrimp Pot Gear. The motion to adopt the permanent amendments carried unanimously.

STURGEON ANNUAL LIMIT--BRIEFING:
Bob Gibbons, Pat Michael, and Brad James briefed the Commission on a cooperative management proposal with Oregon that addresses allocation between anglers, and reduces statewide sport sturgeon annual limits from ten to five. (Note: This was for discussion and public input purposes only. The Commission will consider adoption of the rule proposal at its October 16, 2003, conference call. No additional public input will be accepted during the conference call.)

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

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

Chair Roehl adjourned the meeting at 2:18 p.m.

* Commissioners Tuck was absent during discussion and vote on the motion.

Commissioners in Attendance:
Will Roehl, Chair
Ron Ozment, Vice Chair
Russ Cahill
John A. Hunter
Lisa Pelly
Fred Shiosaki
Bob Tuck

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