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Minutes WASHINGTON FISH AND WILDLIFE COMMISSION 600 Capitol Way North, Olympia, WA 98501-1091 |
SeaFarers’ Memorial Park Building
Port of Anacortes
601 - 14th Street
Anacortes, Washington
| ATTENDANCE: | |
| Commission | Department (continued) |
| Jerry Gutzwiler, Chair | Peter Birch |
| Miranda Wecker, Vice Chair | Heather Reed |
| Ken Chew | Kirt Hughes |
| Gary Douvia | Capt. Mike Cenci |
| Conrad Mahnken | Other Department Staff |
| Chuck Perry | |
| Will Roehl | Public |
| Shirley Solomon | Nina Carter, Audubon Society |
| Joe Gaydos, Sea-Doc | |
| Commission Staff: | Robert P. Carstensnsen, FMDAC |
| Susan Yeager | Mike Letter, N. Sound Waterfowl LLC |
| Nancy Burkhart | Michael Crowder |
| Robert Cunningham, Small-Scale Mining | |
| William Thomas, Small-Scale Mining | |
| Department | Harry C. Wilson, Small-Scale Mining |
| Jeff Koenings, Director | Dot Wilson |
| Phil Anderson, Deputy Director-Policy | Polly Fischer, NW Straits Commission |
| Dave Brittell | Charlotte Gaydos |
| Sue Patnude | James J. Zielasko, WSSA/SAWS |
| Lenore Miller | Kari Neumeyer, NW Indian Fisheries Commission |
| Ron McQueen | Art Kendall |
| Bob Everitt | Carl Burke, NW Sportfishing Industry Assn. |
| Jeff Tayer | Larry Carpenter, NW Marine Trade Assn. |
| Dave Ware | Tony Floor, NW Marine Trade Assn. |
| Cindy LeFleur | Michael Campbell, NW Marine Trade Assn. |
| Annette Hoffmann | Mark Bond, NW Marine Trade Assn. |
| Pat Pattillo | Marv Sortis |
| Mark Quinn | Greg Christensen, Small-Scale Mining |
| Capt. Bill Hebner | Candace Christensen, Small-Scale Mining |
| Cindi Confer | Bruce Beatty, Small-Scale Mining |
| Morris Barker | Betty Beatty, Small-Scale Mining |
| Heather Reed | Jim Tuggle, Puget Sound Anglers |
| Mike O'Malley | Clint Muns, Puget Sound Anglers |
| Don Kraege | Karen Thompson, Puget Sound Crab Assn. |
| Lora Leschner | Robert Glenovich |
| Michael Ulrich | Michelle Campbell, CTED |
| Rocky Beach | Robert T. Laughery, AHE Focus Group |
| Bill Frymire, AGO | Mike Estes, AHE Focus Group |
| Doug Huddle | Shawn Yanity, Stillaguamish Tribe |
| Joseph Evenson | Biff Begbie |
| Darren Friedel | |
FRIDAY, AUGUST 3:
Chair Gutzwiler called the meeting to order at 8:35 a.m.
APPROVAL OF MINUTES:
Commissioner Wecker moved, seconded by Commissioner Chew, to approve the minutes of the:
- June 1-2, 2007, Commission Meeting; and
as proposed and to correct a typographical error (removal of Fred Shiosaki and addition of Shirley Solomon to Memos and Authorities) in the June 1-2, 2007, minutes. The motion carried unanimously.
- July 6, 2007, Commission Conference Call
COMMISSIONERS' DISCUSSION:
Commissioners discussed recent activities and items of general interest.
DIRECTOR'S REPORT:
Director Koenings reviewed significant Department issues and activities.
PERFORMANCE AND ACCOUNTABLITY UPDATE:
Sue Patnude updated the Commission on the Department's performance and accountability process.
BUDGET UPDATE:
Ron McQueen provided an update on the Department's budget.
CAPITAL PROGRAM ACTION PLAN UPDATE:
Lenore Miller updated the Commission on the Department's Capital Program Action Plan.
OPEN PUBLIC INPUT:
Two individuals provided oral testimony on issues of concern during this portion of the meeting.
UPDATE ON NORTH OF FALCON FISHERIES - BRIEFING AND INVITED TESTIMONY:
Phil Anderson and Pat Pattillo provided an overview of the 2007 North of Falcon process and a report on the most current information regarding the status of the 2007 North of Falcon fishery.
At the request of the Commission Chair, Clint Muns (Puget Sound Anglers), Larry Carpenter (Northwest Marine Trade Association), and Carl Burke (Northwest Sportfishing Industry Association) provided testimony regarding their perspective on the North of Falcon fishery season-setting process.
PUBLIC CONDUCT IN WILDLIFE AREAS AND ACCESS SITES OWNED OR CONTROLLED BY THE DEPARTMENT – RULE BRIEFING AND PUBLIC HEARING:
Mark Quinn, Capt. Bill Hebner, and Cindi Confer briefed the Commission on proposed permanent rules that would regulate the proper use of Department lands, protect fish and wildlife resources, and ensure public safety:
New Chapter: WAC 232-13, Public conduct in wildlife areas and access sites owned or controlled by the department of fish and wildlife
- WAC 232-13-010, Introduction;
- WAC 232-13-020, Purpose;
- WAC 232-13-030, Definitions;
- WAC 232-13-040, Aircraft;
- WAC 232-13-050, Behavior and conduct;
- WAC 232-13-060, Camping;
- WAC 232-13-070, Fires and campfires;
- WAC 232-13-080, Commercial use of activity;
- WAC 232-13-090, Noncommercial use or activity;
- WAC 232-13-100, Dumping and sanitation;
- WAC 232-13-110, Enforcement;
- WAC 232-13-120, Erecting structures on department lands;
- WAC 232-13-130, Firearms and target practicing;
- WAC 232-13-140, Fireworks;
- WAC 232-13-150, Regulating public access;
- WAC 232-13-160, Livestock;
- WAC 232-13-170, Parking;
- WAC 232-13-180, Pets;
- WAC 232-13-190, Resource removal;
- WAC 232-13-200, Vehicle use; and
- WAC 232-13-210, Penalties.
Five individuals provided oral testimony on the rule proposals during the meeting.
The commission will consider adoption of permanent amendments at its October 12-13, 2007, meeting in Olympia.
COLUMBIA RIVER/COASTAL COMMERCIAL STRUGEON FISHERY – RULE BRIEFING AND PUBLIC HEARING:
Morris Barker and Cindy LeFleur briefed the Commission on proposed permanent rule amendments that would improve conservation and management of the sturgeon fishery:
- WAC 220-20-010, General provisions—lawful and unlawful acts—salmon, other fish and shellfish;
- WAC 220-20-021, Sale of commercially caught sturgeon, bottomfish and halibut;
- WAC 220-33-001, General provision—Commercial fishing regulated;
- WAC 220-36-031, Grays Harbor—Season and gear—Sturgeon; and
- WAC 220-40-031, Willapa Bay—Seasons and lawful gear—Sturgeon.
The Commission will consider adopting permanent rule amendments at its October 12-13, 2007, Commission meeting in Olympia.
No oral testimony on the proposed rule amendments was received during the meeting.
SHELLFISH HARVEST LOGS – RULE BRIEFING AND PUBLIC HEARING:
Morris Barker presented proposed permanent rule amendments to WAC 220-52-075, Shellfish harvest logs, which would clarify and improve requirements for commercial shellfish logbooks. The Commission will consider adopting permanent rule amendments at its October 12-13, 2007, Commission meeting in Olympia.
No oral testimony on the proposed rule amendments was received during the meeting.
COASTAL DUNGENESS CRAB – RULE BRIEFING AND PUBLIC HEARING:
Heather Reed briefed the Commission on proposed permanent rule amendments pertaining to the coastal Dungeness crab fishery that are currently in effect by emergency regulation through the Limited Entry 200 agreement between Oregon and Washington:
- WAC 220-52-040, Commercial crab fishery section (15)(a) Coastal—Barging of crab pots;
- WAC 220-52-041, Coastal Dungeness crab logbook requirements, and
- WAC 220-52-046, Crab fishery—Seasons and areas.
The Commission will consider adopting permanent rule amendments at its October 12-13, 2007, Commission meeting in Olympia.
One individual provided oral testimony on the proposed rule amendments during the meeting.
WASHINGTON BIRDING TRAILS, ECOTOURISM – BRIEFING:
Mike O’Malley, Nina Carter (Audubon Society), and Michelle Campbell (CTED) briefed the Commission on the statewide system of automobile routes featuring Washington’s best birding spots. The project is being developed by a collaborative group of local governments and stakeholders to promote wildlife viewing tourism while maintaining wildlife diversity.
OPEN PUBLIC INPUT:
One individual provided oral testimony on issues of concern during this portion of the meeting.
Chair Gutzwiler recessed the meeting at 5:50 p.m.
SATURDAY, AUGUST 4:
Chair Gutzwiler called the meeting back to order at 8:35 a.m.
OPEN PUBLIC INPUT:
Two individuals provided oral testimony on issues of concern during this portion of the meeting.
USE OF DECOYS AND CALLS – RULE ACTION:
Don Kraege presented proposed permanent rule amendments to WAC 232-12-257, Use of decoys and calls, which would bring the rule in line with other wildlife area rules currently under consideration. The public hearing opportunity took place during the June 1-2, 2007, Commission meeting in Spokane.
To allow the Department more time to redefine the definition of public lands, Commissioner Roehl moved, seconded by Commissioner Mahnken, to continue the rule action on the amendments to WAC 232-12-257, Use of decoys and calls, to the October 12-13, 2007, Commission meeting in Olympia. The motion carried unanimously.
FIR ISLAND SNOW GOOSE QUALITY HUNT PROGRAM – UPDATE:
Capt. Bill Hebner and Lora Leschner provided a status report on the work and accomplishments of the Fir Island group of collaborative stakeholders and their advisory recommendations for the 2007-2008 snow goose hunting seasons.
Three individuals provided oral comments on the snow goose hunt program.
MIGRATORY WATERFOWL SEASONS AND REGULATIONS – PUBLIC HEARING AND RULE ACTION:
Don Kraege presented WAC 232-28-431, 2007-08 migratory waterfowl seasons and regulations, a rule proposal that would adopt the 2007-08 migratory waterfowl seasons and regulations.
One individual provided oral testimony on the rule proposal during the meeting.
Commissioner Roehl moved, seconded by Commissioner Chew, to adopt WAC 232-28-431, 2007-08 migratory waterfowl seasons and regulations as filed with the Code Reviser’s Office and amended by staff. The motion carried.
FIR ISLAND FARM GAME RESERVE – RULE ACTION:
Don Kraege presented proposed permanent rule amendments to WAC 232-16-780, Fir Island Farm Game Reserve, which would permanently modify the reserve boundary to improve hunter ethics and reduce snow goose wounding losses. The public hearing opportunity took place during the June 1-2, 2007, Commission meeting in Spokane.
Commissioner Wecker moved, seconded by Commissioner Chew, to amend WAC 232-16-780, Fir Island Farm Game Reserve, as proposed. The motion carried unanimously. (Commissioner Solomon was absent during discussion and vote on the motion.)
NORTH POTHOLES GAME RESERVE – RULE ACTION:
Don Kraege presented proposed permanent rule amendments to WAC 232-16-600, North Potholes Game Reserve, which would restrict public access to the North Potholes Game Reserve to protect colonial nesting species and migrating waterfowl habitats. The public hearing opportunity took place during the June 1-2, 2007, Commission meeting in Spokane.
Commissioner Wecker moved, seconded by Commissioner Solomon, to amend WAC 232-16-600, North Potholes Game Reserve, as proposed. The motion carried unanimously.
LANDOWNER HUNTING PERMITS – PUBLIC HEARING AND RULE ACTION:
Dave Ware presented a proposed permanent rule amendment to WAC 232-28-295, Landowner hunting permits, which would change the 24 “any bull” permits to 24 “any elk” and increase effectiveness of these hunting permits. Following the public hearing opportunity, the Commission considered adoption of the permanent rule amendments.
No oral testimony on the proposed rule amendment was received during the meeting.
Commissioner Perry moved, seconded by Commissioner Roehl, to amend WAC 232-28-295, Landowner hunting permits, as proposed. The motion carried unanimously.
ELK SPECIAL PERMITS – PUBLIC HEARING AND RULE ACTION:
Dave Ware presented a proposed permanent rule amendment to WAC 232-28-354, Special elk permit hunting seasons, which would change the number of elk tags available to permit holders from 6 to 7 in Game Management Unit 418.
One individual provided oral testimony on the proposed rule amendment during the meeting.
Commissioner Solomon moved, seconded by Commissioner Perry to amend WAC 232-28-354, Special elk permit hunting seasons, as proposed. The motion carried.
TAGGING REQUIREMENTS, HOUSEKEEPING CHANGE – RULE ACTION:
Chief Bruce Bjork and Capt. Mike Cenci presented proposed permanent rule amendments to WAC 232-12-061, Tagging requirements, which would clarify tagging requirements and facilitate enforcement of the requirements, especially for black bear and cougar. The public hearing opportunity took place at the June 1-2, Commission meeting in Spokane.
Commissioner Mahnken moved, seconded by Commissioner Chew, to amend WAC 232-12-061, Tagging requirements, as proposed. The motion carried unanimously.
CRAB POT ROT CORDS – BRIEFING:
At the request of the Commission, Chief Bruce Bjork and Capt. Mike Cenci briefed the Commission on the status of recommendations regarding a proposal to require that rot cords be included with all crab pots, as well as ongoing efforts to educate dealers.
EXECUTIVE SESSION:
The Commission met in Executive Session to discuss the performance of and future expectations for a public employee or employees, pursuant to RCW 42.30.110(1)(g). No action took place during the Executive Session, and the public was not permitted to attend.
2008 SUPPLEMENTAL BUDGET OVERVIEW:
Ron McQueen provided a briefing on the supplemental budget proposal process and discussed with Commissioners the current status of the Department’s proposed 2008 supplemental budget request.
The Commission will consider approval of the request at a special meeting to be held in Olympia some time later in August 2007.
COMMISSION COMMITTEE REPORTS:
Commissioners discussed activities of the various Commission committees.
SUMMARY OF COMMISSION REQUESTS:
Commissioners reviewed the current list of Commission Requests to the Department and considered new requests.
Commissioner Wecker moved, seconded by Commissioner Solomon, to request the Department provide a briefing to the Commission on the Department’s role in emergency preparedness (both natural disasters and terrorist events) at a future Commission meeting. The motion carried unanimously.
Commissioner Solomon moved, seconded by Commissioner Wecker, to request Commission’s Wildlife Committee spend time talking to other groups and get ideas on funding for quality hunt programs. An update is to be presented to the Commission at the March 2008 meeting. The motion carried unanimously.
OPEN PUBLIC INPUT:
No oral testimony on issues of concern was received during this portion of the meeting.
MISCELLANEOUS AND MEETING DEBRIEF:
Commissioners discussed items that arose immediately before or during the meeting and after the preliminary agenda was published.
Chair Gutzwiler adjourned the meeting at 3:06 p.m.
| Approval of Minutes |
- Motion by Wecker, second by Chew, to approve the minutes of the: - June 1-2, 2007, Commission Meeting; andas proposed and to correct a typographical error (removal of Fred Shiosaki and addition of Shirley Solomon to Memos and Authorities) in the June 1-2, 2007, minutes. The motion carried unanimously.* |
|---|---|
| Approval of Decoys and Calls Rules |
- Motion by Roehl, second by Mahnken, to continue the rule action on the amendments to WAC 232-12-257, Use of decoys and calls, to the October 12-13, 2007, Commission meeting in Olympia. The motion carried unanimously. |
| Approval of Migratory Waterfowl Seasons and Regulations Rules | - Motion by Roehl, second by Chew, to adopt WAC 232-28-431, 2007-08 migratory waterfowl seasons and regulations as filed with the Code Reviser’s Office and amended by staff. The motion carried. |
| Approval of Fir Island Farm Game Reserve Rules | - Motion by Wecker, second by Chew, to amend WAC 232-16-780, Fir Island Farm Game Reserve, as proposed. The motion carried unanimously. |
| Approval of North Potholes Game Reserve Rules | - Motion by Wecker, second by Solomon, to amend WAC 232-16- 600, North Potholes game Reserve, as proposed. The motion carried unanimously.* |
| Approval of Landowner Hunting Permits Rules | - Motion by Perry, second by Roehl, to amend WAC 232-28-295, Landowner hunting permits, as proposed The motion carried unanimously. |
| Approval of Elk Special Permits Rules | - Motion by Solomon, second by Perry, to amend WAC 232-28-354, Special elk permit hunting seasons, as proposed. The motion carried. |
| Approval of Tagging Requirements Rules | - Motion by Mahnken, second by Chew, to amend WAC 232-12-061, Tagging requirements, as proposed. The motion carried. |
| Commission Requests to the Department | - Motion by Wecker, second by Solomon, to request the Department provide a briefing to the Commission on the Department’s role in emergency preparedness (both natural disasters and terrorist events) at a future Commission meeting.
The motion carried unanimously.
- Motion by Solomon, second by Wecker, to request the Commission’s Wildlife Committee spend time talking to other groups and get ideas on funding for quality hunt programs. An update is to be presented to the Commission at the March 2008 meeting. The motion carried unanimously. |
* Commissioner Solomon was absent during discussion and vote on the motion.
Commissioners in Attendance:
Jerry Gutzwiler, Chair
Miranda Wecker, Vice Chair
Ken Chew
Gary Douvia
Conrad Mahnken
Chuck Perry
Will Roehl
Shirley Solomon
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