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

ATTENDANCE:
Commission	Public (cont.)
Russ Cahill, Chair	Joe Verdoes, Puget Sound Crabbers
Will Roehl, Vice Chair	Gary Logan
Don Heinicke	Mike Meseberg, Meseberg Bros. Duck Taxi
Lisa Pelly	Jeff Jensen
Dawn Reynolds	Henry Field
Fred Shiosaki	Gary Gibbs
Bob Tuck	Roger Reynolds
Van Van Gytenbeek	Bill McAdon, Carlton Community Council
Kelly White	John Meyers
	Nathan Isaacs, Tri-City Herald
Commission Staff:	Michael R. Lindal
Debbie Nelson	Larry Bailey, Upper Col. R. Fisheries Enhancement Group
	Steven deJong, WA State Bowhunters
Department	B. J. Thorniley, WA State Trappers Association
Jeff Koenings, Director	Joel Kvetz
Bill Frymire	Robert Heath
Scott Smith	Kyle Winton, WA Wildlife Federation
Tim Smith	Punky Sewell, WA State Hound Council
Dan Budd	Brad Martin, Methow Conservancy
Dennis Beich	Kendra Kinscherf
Steve Dauma	Ron Judd
Jim Lux	Pat Fitzgerald
Josh Weiss	Ed Hamblin, American Crossbow Association
Dave Ware	John Todd, Weyerhaeuser
Donny Martorello	David Saldivar, WA State Hound Council
Harriet Allen	Karen Awrylo, Critter Control
Don Kraege	Robert Laughery, WA State Hound Council
Jay Odell	Ben Welton, LaConner Guide Service
Mark Quinn	Pat Newsome, WA State Bowhunters
Scott Fitkin	Ed Mahany, Pacific Coast Hound Council
John Broome	Paul Sullivan, Aero Outdoors
Other Department staff	Dr. Morris Uebelacker, Central Washington University
	Paula Mackrow, North Olympic Salmon Coalition
Public	Tom Baskin, Disabled Sportsmen Association
Helen Theimer	John Hanson, Methow Valley News
Jim Olson	George Brady
Rory Calhoun, IAC	Clifford Kellogg, WA Falconers Assoc.
Ray Anderson	Bill Haywood
Georg Ziegletrum, WA Forest Protection Assoc.	Greg and Barb Jones, J&M Forestry
Chuck Parker, WA State Hound Council	Mark Wagner
Clinton Myers	Charles Gray
Bryan Smith	Tim Ford
James King	Harold Saunders
Darrell Shute	Pamela King
Judith Blakeney	Mike Blankenship, Ferry Co. Commissioner
K.C. Mehaffey, Wenatchee World	Dean Graham
Paul White	Dave Knudson
Steve Hardy, KOMW Radio, Omak	Craig Lewis
Dan Pederson	Mark Warden
Gene Gilden	Bryan Warden
Bob Petrish	Mike Eldridge
Patric Shearer, WA Waterfowl Assoc.	Butch & Sonya McFee
Mark D. Warden	Charles Manning
Barry Crose	Nate Johnson
Dan Pike, WA Falconers Assoc.

FRIDAY, AUGUST 3:

Chair Cahill called the meeting to order at 10:00 a.m.

There was a moment of silence for the Methow firefighters who lost their lives fighting fires.

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:

Three individuals provided oral testimony on issues of concern.

ADOPTION OF BALLAST WATER RULES:

Scott Smith presented a proposed permanent amendment to WAC 220-77-090, Ballast Water Management and Control-Reporting and Sampling Requirements; and WAC 220-77-095, Interim Ballast Water Discharge Standard Approval Process. These rule proposals would minimize the risk of introducing nuisance and deleterious species.

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

Commissioner Roehl moved, seconded by Commissioner Reynolds, to adopt the permanent amendment to WAC 220-77-090, Ballast Water Management and Control-Reporting and Sampling Requirements; and WAC 220-77-095, Interim Ballast Water Discharge Standard Approval Process, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment and the rule proposal carried unanimously.

AMENDMENTS TO GEOGRAPHIC BOUNDARIES OF THE REGIONAL FISHERIES ENHANCEMENT GROUPS:

Tim Smith presented a proposed permanent amendment to WAC 220-14-020, Geographical Regional Fisheries Enhancement Groups, which would adjust geographic boundaries of the RFEGs.

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

Commissioner White moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 220-14-020, Description of Regional Fisheries Enhancement Groups, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment to the rule carried unanimously.

PROPOSED LAND TRANSACTIONS:

Dan Budd provided a summary of the Washington Wildlife and Recreation Program grant proposals, and presented the Department's request for Commission approval of numerous land transactions. The Concession Agreement for a ski resort on Mission Ridge was withdrawn to allow further staff review.

Commissioner White expressed concern with the proximity of the Judd property to the mule deer populations in the area. Commissioner White moved, seconded by Commissioner Reynolds, to table consideration of approval of the acquisition of a conservation easement on the 10-acre Judd property in Okanogan County until a future meeting or conference call to allow Commissioners time to view the property. The motion to table consideration of approval of the acquisition carried unanimously.

Commissioner Van Gytenbeek requested that, in the future, maps of proposed land transactions show ownership of adjoining properties.

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

• Acquisition of the 1.54-acre Cronauer property in Clallam County for $47,500;
• Easement access across 0.15 acre of Department property in Grays Harbor County to the Public Utility District No. 1 of Grays Harbor for $250.00; and
• Acquisition of the 4.69-acre Wood property in Clallam County for $235,000, subject to IAC funding becoming available.

The motion to approve the proposed land transactions carried unanimously.

Commissioner Tuck expressed concern that the prospective buyers of the ski resort on Mision Ridge would not be aware that the proposed Concession Agreement may not be granted. The Department is to notify the prospective buyers of the ski resort on Mission Ridge that the Concession Agreement may not be granted.

Commissioners expressed concerns regarding the New Mission Ridge LLC concession agreement and the effect of the ski area on the elk herd.

BUDGET UPDATE:

Jim Lux provided a status report on the Department's 1999-2001 and 2001-2003 biennial budgets.

PRELIMINARY 2002 SUPPLEMENTAL OPERATING BUDGET REQUEST-BRIEFING:

Jim Lux briefed the Commission on the Department's proposed 2002 supplemental operating budget request items that will be further developed by the Department and considered for approval by the Commission at the September 14, 2001 Commission meeting for submission to the Office of Financial Management.

DRAFT PROPOSED 2002 REQUEST LEGISLATION-BRIEFING:

Josh Weiss briefed the Commission on the Department's draft proposed 2002 Request Legislation.

Public input and Commission consideration of approval of the Department's proposed 2002 Request Legislation will occur at the September 14, 2001 Commission meeting.

ADOPTION OF ADAPTIVE ARCHERY EQUIPMENT RULES FOR HUNTERS WITH DISABILITIES:

Dave Ware and Rory Calhoun presented a proposed permanent amendment to WAC 232-12-054, Archery Requirements - Archery Special Use Permits. This proposed amendment would address a formal discrimination complaint filed against the Department by the U.S. Fish and Wildlife Service regarding a request for reasonable accommodation. This amendment would allow the use of crossbows and other adaptive equipment as a method of choice for qualified hunters with disabilities as a reasonable accommodation to archery deer and elk seasons. The Department recommended this be a three-year pilot project in order to track harvest rates and any possible impacts on the archery hunting seasons.

Eight individuals 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 232-12-054, Archery Requirements - Archery Special Use Permits, with Option 1, with the proviso that the rule state that amendatory language will terminate three years from the effective date of the amendment, and further request that the Department provide the Commission with annual briefings on the results of the Department's tracking of harvest rates and impacts on the archery hunting seasons. The proviso would ensure that this is only a three-year pilot project, and would require further action by the Department in order to continue the use of crossbows and other adaptive equipment after the three-year period.

Commissioner Reynolds moved, seconded by Commissioner Tuck, to amend the motion to modify the proviso language to read as follows: "...with the proviso that the Department shall review the rule in three years and report back to the Commission, and further request..." This proviso does not restrict this to a three-year pilot project. The motion to amend the motion failed.

Rory Calhoun explained that it was his opinion that Option 1-to allow crossbows and other adaptive equipment to be used by qualifying hunters with disabilities-would resolve the federal discrimination complaint and meet the "program access" requirements of the Rehabilitation Act of 1973. He felt that Option 2-to allow adaptive equipment to be used-would not.

Commissioner Roehl moved, seconded by Commissioner Pelly, to amend the motion to remove the proviso that the rule state that the amendatory language will terminate three years from the effective date of the amendment. The motion to amend the motion carried.

Commissioner Pelly moved, seconded by Commissioner Tuck, to amend the motion to allow adaptive equipment to be used by qualified persons with disabilities. The motion to amend the motion was withdrawn for additional clarification.

Commissioner Pelly moved, seconded by Commissioner Roehl, to amend the motion to modify the following language to adopt Option 2: Section (1)(b) to read "...to the bow or arrow while hunting."; Section (1)(c) to read "It is unlawful to shoot a bow and arrow from a vehicle..."; Section (1)(d) to read "...seasons, use a device that stabilizes and holds a long bow, recurve..."; Section (1)(e) to read "It is unlawful to hunt wildlife with a crossbow."; Section (1)(f) to read "...animals with any arrow that does not have a sharp broadhead..."; remove proposed Section 3 language; and Section 4 to read "Section (3) Archery special use permits. An archery... The approved archery special use permit must be in the physical possession of the person while using adaptive archery equipment as described in Section (1)(d) of this section to hunt deer or elk." The motion to amend the motion carried.

The motion, as amended, carried unanimously.

Commissioner Heinicke moved, seconded by Commissioner Pelly, to request that the Department ask the U.S. Fish and Wildlife Service for clarification if the permanent amendment to WAC 232-12-054, as it was adopted today to allow adaptive equipment to be used, satisfies the discrimination complaint filed by Harold Saunders. The motion to request Department action carried unanimously.

ADOPTION OF SPECIAL TRAPPING PERMITS-USE OF BODY-GRIPPING TRAPS:

Steve Dauma presented proposed WAC 232-12-142, Special Trapping Permit-Use of Body-Gripping Traps. This rule provides for authorization and issuance of special trapping permits to use certain body-gripping traps to abate an animal problem or for legitimate wildlife research.

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

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, that in light of the provision of RCW 77.15.194 authorizing the granting of a special trapping permit governed by rules adopted by the Department, to adopt WAC 232-12-142, Special Trapping Permit-Use of Body-Gripping Traps. The motion to adopt the rule proposal carried unanimously.

ADOPTION OF PUBLIC SAFETY COUGAR REMOVALS WITH THE AID OF DOGS:

Donny Martorello and Steve Dauma presented WAC 232-12-243, Public Safety Cougar Removals, which would adjust the criteria for initiating a public safety cougar removal, the number of cougar to be removed, the bag limit, and permit application procedure and conditions; and a proposed permanent amendment to WAC 232-28-272, 2000-2001, 2001-2002, and 2002-2003 Black Bear and Cougar Hunting Seasons and Regulations, which would remove public safety cougar removal regulations from this rule and move them into the new rule.

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

Commissioners identified concerns and questions they had to the rule proposals. Therefore, the Commission

continued discussion and consideration of adoption of the rule proposals to Saturday's agenda.

OPEN PUBLIC INPUT:

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

Chair Cahill recessed the meeting at 7:00 p.m.

SATURDAY, AUGUST 4:

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

ADOPTION OF PUBLIC SAFETY COUGAR REMOVALS WITH THE AID OF DOGS (Cont.):

Donny Martorello clarified the Department's proposals and addressed the Commission's concerns/questions identified during Friday's discussion.

The Commission rejected the Department's proposals as too conservative, and directed staff to come back with a more aggressive plan to address the problems with cougars. The Department is to consider suggestions made by the public, including revivew of the benefits and legalities of pursuit-only cougar hunting to keep hound hunters available for use and for behavior modification of cougars. The Commission also suggested allowing only hound hunters to apply for permits to improve the removal rate and development of public education about cougars and the need for reporting incidents. As a result, Commissioner White moved, seconded by Commissioner Tuck, to continue discussion and Commission consideration of adoption of WACs 232-12-243 and 232-28-272 to a meeting on August 17, 2001 in Cle Elum. The motion to continue carried unanimously. (Commissioner Shiosaki was absent during discussion and vote on the motion.)

RECOVERY ACTIVITIES FOR PYGMY RABBITS - BRIEFING:

Harriet Allen briefed the Commission on the status of and recovery activities for pygmy rabbits.

OPEN PUBLIC INPUT:

One individual provided oral testimony on issues of concern.

ESTABLISHMENT OF 2001-02 MIGRATORY WATERFOWL SEASONS AND RULES-REPEAL OF 2000-01 SEASONS AND RULES:

Don Kraege presented:

• WAC 232-28-425, 2001-02 Migratory Waterfowl Seasons and Regulations; and
• repeal of WAC 232-28-424, 2000-01 Migratory Waterfowl Seasons and Regulations.

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

Commissioners asked the Department to contact Paul Sullivan regarding his proposal for whitefront goose season.

Commissioner Pelly moved, seconded by Commissioner Tuck, to:

• adopt WAC 232-28-425, 2001-02 Migratory Waterfowl Seasons and Regulations, as filed with the Code Reviser's Office and amended by staff; and
• repeal WAC 232-28-424, 2000-01 Migratory Waterfowl Seasons and Regulations.

The motion to adopt the rule and repeal the rule carried unanimously. (Commissioner Shiosaki was absent during discussion and vote on the motion.)

Commissioner Reynolds asked that the Department continue to monitor the brant population to ensure that brant were not being overharvested.

AMENDMENTS TO NONTOXIC SHOT REQUIREMENTS AND USE OF WATERFOWL DECOYS ON DEPARTMENT LANDS:

Don Kraege and Dave Ware presented, as requested by the Commission, two permanent amendments:

• WAC 232-12-068, Nontoxic Shot Requirements. This amendment would delegate authority to the Director to establish allowable nontoxic shot types for waterfowl, coot, and snipe hunting.
• WAC 232-12-257, Use of Waterfowl Decoys. This amendment would restrict the use of battery-powered and other electronic waterfowl decoys.

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

Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 232-12-068, Nontoxic Shot Requirements. The motion to adopt the permanent amendment to the rule carried unanimously. (Commissioner Shiosaki was absent during discussion and vote on the motion.)

Commissioner Reynolds moved, seconded by Commissioner Pelly, to adopt the permanent amendment to WAC 232-12-257, use of Waterfowl Decoys, to amend Section (3) to read as follows: "It is unlawful to hunt waterfowl with the use or aid of any type of animated decoy or other electronic devices as decoys." The motion to adopt the permanent amendment to the rule failed.(Commissioner Shiosaki was absent during discussion and vote on the motion.)

Commissioner Van Gytenbeek moved, seconded by Commissioner Pelly, to adopt the permanent amendment to WAC 232-12-257, Use of Waterfowl Decoys.

Commissioner Reynolds moved to amend the motion to amend Section (3) to read as follows: "It is unlawful to hunt waterfowl with the use or aid of battery-powered, mechanical, or electronic devices as decoys." The motion to amend the motion failed due to lack of a second.

The motion to adopt the permanent amendment to the rule carried.(Commissioner Shiosaki was absent during discussion and vote on the motion.)

DOMESTIC LIVESTOCK GRAZING ON DEPARTMENT LANDS-BRIEFING:

Mark Quinn briefed the Commission on domestic livestock grazing activities on Department lands.

The Department is currently drafting a grazing permit and grazing management plan for the Wenas Wildlife Area for future Commission review.

MEDICINE CREEK TREATY HUNTING BOUNDARY-BRIEFING:

Jeff Tayer, Kevin Lyon (attorney for the Squaxin Island Tribe), and Dr. Morris Uebelacker (Central Washington University) briefed the Commission on the process used to define the recommended southern boundary of the Medicine Creek Tribes' ceded area. The Commission was asked to provide direction to the Department relative to potential implementation actions including rule making and public involvement.

The Commission asked the Department to proceed with the rule-making process and hold public hearings concerning the Medicine Creek southern boundary. The Commission will consider adoption of the definition of the southern boundary of the Medicine Creek Treaty ceded area at its December 2001 meeting in Vancouver.

ADOPTION OF PUGET SOUND COMMERCIAL CRAB BUOY TAG RULES:

Jay Odell presented proposed permanent amendments to the following rules to establish a buoy tag system to implement enforcement of pot limits:

• WAC 220-52-040, Commercial Crab Fishery-Lawful and Unlawful Gear, Methods, and Other Unlawful Acts; and
• WAC 220-52-043, Commercial Crab Fishery-Additional Gear and License Use Requirements.

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

Commissioner White moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendments to WAC 220-52-040, Commercial Crab Fishery-Lawful and Unlawful Gear, Methods, and Other Unlawful Acts, as filed with the Code Reviser's Office and amended by staff, and WAC 220-52-043, Commercial Crab Fishery-Additional Gear and License Use Requirements. The motion to adopt the permanent amendments to the rules carried unanimously. (Commissioner Shiosaki was absent during discussion and vote on the motion.)

OPEN PUBLIC INPUT:

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

Chair Cahill adjourned the meeting at 3:30 p.m.

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

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

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