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

ATTENDANCE:
Commission	Public
Russ Cahill, Chair	Patric Shearer, WA Waterfowl Assoc.
Ron Ozment	John Foss, WA Farmer's Mkt./Small Family Fishers Assoc.
Lisa Pelly	Dick Jacobs
Dawn Reynolds	Lisa Ramirez, Friends of the Earth
Fred Shiosaki	Kirk Sheldon
Bob Tuck	Frances Clark, NW Gillnetters Assoc.
Van Van Gytenbeek	Fred Koontz
Kelly White	Mike Cassidy
	Gary Loysdon
Commission Staff:	Ron Carlson
Nancy Burkhart	Shawn Cantrell, Friends of the Earth
	Joel Hanson
Department	Anne Mosness, Institute for Agric. & Trade Policy
Jeff Koenings, Director	Guy McMinds, Quinault Indian Nation
Larry Peck, Deputy Director	Diane Ellison
Ernie Rushing, AGO	Dan Barten, Ducks Unlimited
Bill Frymire, AGO	Tom Petersen
Jim Lux	Harold Williams
Dan Budd	Mike Fobes
Evan Jacoby	Steve Goodsen
John Mankowski	Gail Peterson
Phil Anderson	Jim Pearson
Don Larson	Allan Hollingsworth, Grays Harbor Billnetters
Mark Quinn	Jim Mitby, Willapa Bay Gillnetters
Steve Pozzanghera	Lawrence Christiansen, Grays harbor Gillnetters
Jerry Nelson	Ronald Harper
Scott Smith	Ray Mielbrecht
Ross Fuller	Bob Lake, Willapa Bay Gillnetters
Steve Dauma	Doug Fricke
Dave Ware	Jim Skalski, OFM
Andy Appleby	B.J. Thorniley, Washingtonians for Wildl. Conservation / WTA
Mary Lou Mills	Ed Hamblin
Morris Barker	Phil Leshowitz
Frank Hawley	Larry Giese, Westport Charterboat Assoc.
Dick Geist	Corey Freeman
Dave Brittell	Ron Lauror
Sue Patnude	John Sewell, WA State Hound Council
Doug Williams	Janet Baker, Mountain Lion Foundation
Bruce Bjork	Kevin Anderson, Puget sound Water Quality Action Team
Carol Stedman	Ed Harold, Olympic Tree Hound Assoc.
Other Department Staff	Walt Bloomfield

FRIDAY, AUGUST 2:

Chair Cahill called the meeting to order at 8:38 a.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 during this portion of the meeting.

BUDGET UPDATE/LICENSE REVIEW:
Jim Lux provided a status report on the Department's current biennial budget, and updated the Commission on the fishing and hunting fee structure.

PROPOSED LAND TRANSACTIONS:
Dan Budd presented numerous proposed land transactions for Commission consideration of approval.

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

- Acquisition of the 6.65-acre Oliver property in Clallam County for $121,200;
- Acceptance of the 6.5-acre Chute donation property in Okanogan County;
- Sale of approximately 930,000 board feet of timber on the Sinlahekin Wildlife Area in Okanogan County;
- Grant two easements on the Sunnyside Wildlife Area in Yakima County to Yakima County Public Works for $600; and
- Grant an easement to Mr. and Mrs. Bielle in exchange for title to boat ramp area on Twin Lakes in Okanogan County.

The motion to approve the land transactions carried unanimously.

ADOPTION OF DEFINITION FOR "RESIDENT" FOR CONTINUING LICENSES PURPOSES:
Evan Jacoby presented a rule proposal which would clarify that a validly issued resident license would remain valid for the remainder of the license year unless the individual obtained a resident license in another state.

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

Commissioner Pelly moved, seconded by Commissioner Reynolds, to adopt WAC 220-20-001, General Definitions--Residency. The motion to adopt the rule carried unanimously.

AMENDMENTS TO LANDS VEHICLE USE PERMIT:
Evan Jacoby presented the following proposed amendments:

- WAC 220-55-001, Definitions: This amendment would clarify display requirements for the lands vehicle use permit.
- WAC 220-55-100, Fish and Wildlife Lands Vehicle Use Permit: This amendment would advise dealers on how to deal with voided or canceled licenses.

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

Commissioner Reynolds moved, seconded by Commissioner Van Gytenbeek, moved to adopt the permanent amendments to the following rules:

- WAC 220-55-001, Definitions; and
- WAC 220-55-100, Fish and Wildlife Lands Vehicle Use Permit.

The motion to adopt the permanent amendments carried unanimously.

AGRICULTURE, FISH AND WATER BUFFERS -- BRIEFING:
John Mankowski provided the Commission with an update on the current discussions of the AFW buffer process.

GROUNDFISH 2002 INSEASON MEASURES AND PROPOSED MANAGEMENT MEASURES FOR 2003 -- BRIEFING:
Phil Anderson provided the Commission with an update on 2002 groundfish inseason management measures, and outlined the public involvement process for the 2003 management measures.

FARM SECURITY AND RURAL INVESTMENT ACT OF 2002 -- BRIEFING:
Mark Quinn and Don Larson briefed the Commission on the Farm Security and Rural Investment Act of 2002 (Farm Bill 2002). The Farm Bill is the single-most significant commitment of federal resources towards conservation on private lands, and has broad applications for fish and wildlife.

LANDMARK REVIEW -- BRIEFING:
Mark Quinn and Steve Pozzanghera briefed the Commission on the status of the Landmark Review (now known as "Land Ownership Review"), and the results and process used to review Department ownership to determine their viability for fish and wildlife and related recreation.

Any action on the 87 properties will come before the Commission for public review and comment.

The Habitat Committee will review the Land Ownership Review report and have comments to Steve Pozzanghera by August 19, 2002.

GRAZING POLICY UPDATE -- BRIEFING:
Mark Quinn briefed the Commission on the status of the Grazing Policy on the use of domestic livestock grazing on Department lands.

Public input will be taken at the September 27-28, 2002 Commission Workshop in Walla Walla, and the Commission will consider approval of the Grazing Policy at that time.

Commissioner White moved, seconded by Commissioner Van Gytenbeek, to approve the draft Grazing Policy for distribution to the public for further review and comment. The motion to approve the draft policy carried.

AMENDMENT TO 2002-03 ELK SPECIAL PERMITS:
Jerry Nelson presented a permanent amendment to WAC 232-28-279, 2000-2002 Elk General Seasons and 2002-2003 Special Permits. This amendment would correct an error in the boundary descriptions for the Dayton and Columbia special permit elk hunts.

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

Commissioner Reynolds moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 232-28-279, 2000-2002 Elk General Seasons and 2002-2003 Special Permits. The motion to adopt the permanent amendment carried unanimously.

ADOPTION OF CLASSIFYING AND CONTROLLING AQUATIC NUISANCE SPECIES RULES:
Scott Smith and Morris Barker presented the following rule proposals which would establish a screening and classification system to control aquatic nuisance species:

- WAC 220-12-005, Request for Classification of Nonnative Aquatic Animal Species;
- WAC 220-12-090, Classification--Nonnative Aquatic Animal Species;
- WAC 232-12-016, Invasive Aquatic Species; and
- Permanent amendment to WAC 232-12-017, Deleterious Exotic Widlife.

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

In order to allow the Department more time to consider public input, Commissioner White moved, seconded by Commissioner Shiosaki, to postpone a decision until the August 22, 2002 Commission meeting in Olympia. The motion to postpone a decision carried unanimously.

AMENDMENT TO BALLAST WATER DISCHARGE REPORTING RULES:
Scott Smith presented a permanent amendment to WAC 220-77-095, Interim Ballast Water Discharge Standard Approval Process. This amendment would change the effective date of required ballast water treatment.

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

Commissioner Shiosaki moved, seconded by Commissioner Reynolds, to adopt the permanent amendment to WAC 220-77-095, Interim Ballast Water Discharge Standard Approval Process. The motion to adopt the permanent amendment carried unanimously.

AMENDMENT TO SALE OF SALMON EGGS RULES:
Ross Fuller and Dick Geist presented a permanent amendment to WAC 220-20-016, Sale and Purchase of Commercial Caught Salmon. This amendment would prohibit the sale of salmon eggs without the salmon carcass to prevent wastage of coho and chinook salmon and improve catch reporting.

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

Commissioner White moved, seconded by Commissioner Shiosaki, to adopt the permanent amendment to WAC 220-20-016, Sale and Purchase of Commercial Caught Salmon. The motion to adopt the permanent amendment failed.

The Department will continue to work with industry and hold a workshop to address the sale of salmon eggs.

A decision will be made at the December 6-7, 2002 Commission meeting.

AMENDMENT TO PUBLIC SAFETY COUGAR REMOVALS:
Steve Dauma presented a permanent amendment to WAC 232-12-243, Public Safety Cougar Removals. This amendment would change the beginning date of the Public Safety Cougar Removal season, and change the deadline date for submitting an application. This amendment would also require all individuals who accompany the permit holder to complete the Department's Public Safety Cougar Removal education course, clarify the status of the permit, and establish an appeal mechanism in order to provide due process in the event a permit needed to be revoked.

Four individuals provided oral testimony on the permanent amendment during the meeting.

Commissioner Van Gytenbeek moved, seconded by Commissioner Shiosaki, to adopt the permanent amendment to WAC 232-12-243, Public Safety Cougar Removals.

Commissioner Reynolds moved, seconded by Commissioner Pelly, to amend the motion to modify Section 6(e) in WAC 232-12-243 to read as follows: "...conditions of the permit, violates trespass laws while acting under this permit, or violates any other criminal law or hunting regulation of the state while acting..." The motion to amend the motion carried unanimously.

The motion to adopt the permanent amendment, as amended, carried unanimously.

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

Chair Cahill recessed the meeting at 5:32 p.m.

SATURDAY, AUGUST 3:

(The Commission met in Executive Session to discuss current and/or potential litigation.)

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

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

ESTABLISHMENT OF 2002-03 MIGRATORY WATERFOWL SEASONS AND RULES; REPEAL OF 2001-02 SEASONS AND REGULATIONS:
Dave Ware and Dr. Bob Trost (U.S. Fish and Wildlife Service) presented for adoption WAC 232-28-426, 2002-03 Migratory Waterfowl Seasons and Regulations, and for repeal WAC 232-28-425, 2001-02 Migratory Waterfowl Seasons and Regulations.

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

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

- adopt WAC 232-28-426, 2002-03 Migratory Waterfowl Seasons and Regulations; and
- repeal WAC 232-28-425, 2001-02 Migratory Waterfowl Seasons and Regulations.

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

REGULATING MARINE FIN FISH AQUACULTURE -- BRIEFING:
Andy Appleby briefed the Commission on the status of rule development for regulating marine fin fish aquaculture.

The Commission requested the Department work closely with tribes, industry, and other state agencies, and to provide another briefing at the September 27-28, 2002 Commission Workshop in Walla Walla.

AMENDMENTS TO MARINE PROTECTED AREAS; CONTINUANCE OF AMENDMENTS TO EXCEPTIONS TO STATEWIDE RULES FOR STURGEON CONSERVATION:
Mary Lou Mills presented the following:

A. Numerous permanent amendments to the following rules to better match the intent of the closures and make the areas easier for fishers to locate: WAC 220-16-760, Keystone Conservation Area; WAC 220-16-780, Admiralty Head Marine Preserve; and WAC 220-16-790, Zee's Reef Marine Reserve.

B. Numerous permanent amendments granting authorization to the Director to adopt permanent amendments to the following: WAC 220-20-015, Lawful and Unlawful Acts--Salmon, to delete Sections (8) and (9); WAC 220-20-020, General Provisions--Lawful and Unlawful Acts--Food Fish Other Than Salmon, to delete Sections (7) and (8); and WAC 220-20-025, General Provisions--Shellfish, to delete Sections (5) and (6).

C. Department request that the Commission continue staff presentation, public input, and Commission consideration of adoption of proposed amendments to exceptions to statewide rules for sturgeon conservation to the September 27-28 Commission meeting in Walla Walla.

No oral testimony was received during this portion of the meeting.

Commissioner Van Gytenbeek moved, seconded by Commissioner Reynolds, to adopt the permanent amendments to:

- WAC 220-16-760, Keystone Conservation Area;
- WAC 220-16-780, Admiralty Head Marine Preserve; and
- WAC 220-16-790, Zee's Reef Marine Preserve.

The motion to adopt the permanent amendments carried unanimously.

Commissioner Pelly moved, seconded by Commissioner Shiosaki, to grant authorization to the Director to adopt permanent amendments to:

- WAC 220-20-015, Lawful and Unlawful Acts--Salmon;
- WAC 220-20-020, General Provisions--Lawful and Unlawful Acts--Food Fish Other Than Salmon; and
- WAC 220-20-025, General Provisions--Shellfish.

The motion to grant authorization to the Director carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Reynolds, to continue public input on and consideration of adoption of WAC 232-28-619, Washington Food Fish and Game Fish--Freshwater Exceptions to Statewide Rules, to the September 27-28, 2002 Commission workshop in Walla Walla. The motion to continue public input and adoption carried unanimously.

AMENDMENTS TO RETAIL LICENSE ENDORSEMENT RULES:
Morris Barker and Frank Hawley presented the following rule proposals to allow a direct retail sales endorsement to salmon and crab fishers, clarify the application process and reporting requirements, clarify when the product will be sold, and to improve catch accounting procedures:

- WAC 220-20-080, Sale Under a Direct Retail Endorsement;
- Permanent amendment to WAC 220-69-240, Duties of Commercial Purchasers and Receivers; and
- Permanent amendment to WAC 220-69-241, Duties of Commercial Fisherman.

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

To allow for further public input, Commissioner Reynolds moved, seconded by Commissioner Shiosaki, to continue public input on and consideration of adoption of:

- WAC 220-20-080, Sale Under a Direct Retail Endorsement;
- permanent amendment to WAC 220-69-240, Duties of Commercial Purchasers and Receivers; and
- permanent amendment to WAC 220-69-241, Duties of Commercial Fisherman, to the October 17, 2002 Commission conference call.

The motion to continue public input and adoption carried unanimously.

AMENDMENTS TO SEA CUCUMBERS AND SEA URCHIN LICENSES--LICENSE REDUCTION PROGRAMS RULES:
Frank Hawley and Morris Barker presented permanent amendments to the following rules to raise the maximum bid price to $8,000 for the sea cucumber/sea urchin license reduction program:

- WAC 220-95-100, Sea Urchin License Reduction Program; and
- WAC 220-95-110, Sea Cucumber License Reduction Program.

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

Commissioner Ozment moved, seconded by Commissioner Pelly, to adopt the permanent amendments to:

- WAC 220-95-100, Sea Urchin License Reduction program; and
- WAC 220-95-110, Sea Cucumber License Reduction Program.

The motion to adopt the permanent amendments carried unanimously.

AMENDMENTS TO SEA CUCUMBER AND SEA URCHIN DISTRICTS, BOUNDARIES, AND AREAS--CLOSURES AND DESCRIPTIONS:
Morris Barker presented permanent amendments to the following rules to change sea cucumber and sea urchin districts, boundaries, and area descriptions:

- WAC 220-51-071, Sea Cucumbers; and
- WAC 220-51-073, Sea Urchins.

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

Commissioner Pelly moved, seconded by Commissioner Reynolds, to adopt the permanent amendments to:

- WAC 220-51-071, Sea Cucumbers; and
- WAC 220-51-073, Sea Urchins.

The motion to adopt the permanent amendments carried unanimously.

AMENDMENTS TO QUILCENE BAY CLAM SIZE; CLOSURE OF CLAMMING AT KAYAK POINT COUNTY PARK:
Morris Barker presented permanent amendments to the following rules:

- WAC 220-56-350, Clams Other Than Razor Clams, Cockles, Borers, Mussels--Areas and Seasons: This amendment would reduce the minimum size for Manila clams in Quilcene Bay; and
- WAC 220-56-355, Clams--Unlawful Acts: This amendment would close Kayak Point County Park to clamming because of conservation concerns.

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

Commissioner Reynolds moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendments to:

- WAC 220-56-350, Clams Other Than Razor Clams, Cockles, Borers, Mussels--Areas and Season; and
- WAC 220-56-355, Clams--Unlawful Acts.

The motion to adopt the permanent amendments carried unanimously.

MISCELLANEOUS AND MEETING DEBRIEF:
Commissioner White moved, seconded by Commissioner Shiosaki, to request the Department provide a briefing at the November 15-16, 2002 workshop on the status of sturgeon in Lake Roosevelt and the mortality rates on sturgeon in a sports catch-and-release fishery. The motion to request Department action carried unanimously.

Commissioner Van Gytenbeek moved, seconded by Commissioner White, to request the Department catalog all fish issue requests by name and a short description of the request which would be circulated to the Commission prior to public hearings. The motion to request Department action carried unanimously.

Commissioner Reynolds moved, seconded by Commissioner Van Gytenbeek, to request the Department prepare a report and provide a briefing in the spring of 2003 on mortality rates and deformities found in amphibians and possible links between grazing and/or pesticides/herbicides which may lead to mortalities and deformities. The motion to request Department action carried unanimously.

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

Chair Cahill adjourned the meeting at 12:12 p.m.

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

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