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

MEETING August 6-7, 1999 Shilo Inn 707 Ocean Shores Boulevard NW Olympia, Washington . ATTENDANCE: Commission Public (Cont.): Kelly White, Chairman Jim Hearn Russ Cahill, Vice Chairman Bobbie Thorniley, WA State Trappers, etc. Don Heinicke Jay Kinney, WA State Bowhunters Lisa Pelly Paul Leeberg, WA State Bowhunters Will Roehl Stan Kemble, WA State Bowhunters Fred Shiosaki Rob McCoy, Makah Tribe Bob Tuck Cookie Lillard, Traditional Bowhunters of WA Van Van Gytenbeek J.K. Johnson, WA State Muzzleloaders Assn. Bob Petrish Commission Staff: Georg Ziegltrum, WA Forest Protection Assn. Debbie Nelson D.L. Merino Rae Johnson Department Charles Spicer Larry Peck, Deputy Director Chuck Towslee Jim Lux Arlan Swanson Dave Brittell Richard Ludwig Rocky Beach Bob Oke, Senate Dave Ware Al Carlson, P.S.A Don Kraege Terri Runn, P.S.A. Peggy Crain T. Jones Phil Anderson Chris Grue Morris Barker Ernie Summers, WDCFA Greg Bargmann Elizabeth Van Gytenbeek Bruce Crawford Tom Kelley, WDCFA Jay O'Dell Larry Thevik, WDCFA Dick Burge Nellis Simpson Chuck Perry Robert Pries Matt Love Bob Lake, Willapa Bay Gillnetters Other Department Staff Allan Hollingsworth, Grays Harbor Gillnetters Dwight Eager, CRCFA Public Doug Westerlund Leonard Simpson Pauline Hinchman Erwin Aanderud Randy Linard Daniel Strom Steve Kuchin, Puget Sound Shrimp Assn. Greg Moe, Puget Sound Shrimp Assn. Lee Freeman, Puget Sound Shrimp Assn. Richard Sandilands, Puget So. Shrimp Assn. Randy Richardson, Puget Sound Shrimp Assn. Joe Verdoes, Puget Sound Crabbers Connie Ross Don Walker John McKay Linda Hardesty, CRM Task Group Jack Collins, Puget Sound Shrimp Assn. FRIDAY, AUGUST 6: Chairman White called the meeting to order at 1:08 p.m. COMMISSIONERS' DISCUSSION: Commissioners discussed recent activities and items of general interest and provided status reports on Commission committees. DIRECTOR'S REPORT: Deputy Director Peck reviewed significant Department issues and activities. BUDGET UPDATE: Jim Lux provided a status report on the Department's 1997-99 biennial budget. CONSERVATION AND REINVESTMENT ACT UPDATE: Rocky Beach presented an update on the legislative status of the Conservation and Reinvestment Act (CARA) which would provide Washington with up to $35 million in new federal funds each year. Commissioner Pelly suggested the Department draft a letter for the Chairman's signature to the Washington Congressional Delegation expressing support for CARA. ADOPTION OF HUNTING SEASON GUIDELINES: Dave Ware presented the Department's recommendation of adoption of the hunting season guidelines for use in developing the hunting season options for the 2000-2002 hunting season package. Seven individuals provided oral testimony on the proposed guidelines during the meeting. To allow further discussion between the Wildlife Committee and the Department, Commissioner Tuck moved, seconded by Commissioner Cahill, to table consideration of adoption of the hunting season guidelines for the 2000-2002 hunting season package to the November 12-13 Commission workshop. Commissioner Roehl spoke against the motion. He felt that the comments received today from the public did not indicate any concern with the proposed guidelines; the concern seems to be an underlying lack of trust of what the Department or Commission will do or intends to do with the guidelines. All future decisions would still have to be based on good science or good data. Commissioner Pelly reminded Commissioners that the proposed guidelines were developed in response to a Commission request. She expressed her frustration that the Commission continues to discuss resource allocation every time hunting seasons are considered. She urged the Commission to adopt the guidelines at this time and move forward. The motion failed. Commissioner Pelly moved, seconded by Commissioner Roehl, to adopt the hunting season guidelines for use in developing the hunting season options for the 2000-2002 hunting season package. The motion carried unanimously. ESTABLISHMENT OF 1999-2000 MIGRATORY WATERFOWL SEASONS: Don Kraege and Dave Ware presented the Department's final recommendation of adoption of WAC 232-28-423, 1999-2000 Migratory Waterfowl Seasons and Regulations; and repeal of WAC 232-28-422, 1998-99 Migratory Waterfowl Seasons and Regulations. Chris Grue, from the University of Washington, summarized the independent scientific panel review of the Department's brant management strategy. Don Kraege explained that the panel's recommendation to shift brant hunting seasons to late February to better project gray-bellied brant requires prior approval from the Pacific Flyway Council and the U.S. Fish and Wildlife Service (USFWS). The Department will request that the USFWS include a late brant season as an option for the 2000-2001 season. No oral testimony on the rule proposal or the repeal was received during the meeting. Commissioner Pelly moved, seconded by Commissioner Shiosaki, to: - Adopt the permanent amendment to WAC 232-28-423, 1999-2000 Migratory Waterfowl Seasons and Regulations, as filed with the Code Reviser's Office and amended by staff; and - Repeal WAC 232-28-422, 1998-99 Migratory Waterfowl Seasons and Regulations. The motion carried unanimously. Commissioner Pelly moved, seconded by Commissioner Cahill, to request that the Department petition the USFWS for additional migratory waterfowl youth hunting opportunity in 2000-2001. The motion carried unanimously. AMENDMENTS TO MISCELLANEOUS HUNTING SEASONS, RULES AND REGULATIONS: Don Kraege and Dave Ware presented the Department's final recommendation of adoption of the following rule proposals: - Permanent amendment to WAC 232-28-264, 1998-99 and 1999-2000 Official Hunting Hours and Small Game Seasons. This amendment would establish the spring 2000 turkey season and adjust September 1999 goose season days. - Permanent amendment to WAC 232-16-140, Equalizing Reservoir Game Reserve: This amendment would change the name to Banks Lake Game Reserve and reduce the size of the reserve. - Permanent amendment to WAC 232-16-690, Bayview Game Reserve: This amendment would allow hunting of waterfowl other than brant before November 16. - Repeal of WAC 232-16-680, Lenice Lake Game Reserve: The Department has determined that this reserve is currently ineffective in providing waterfowl distribution or conservation benefits. - Permanent amendment to WAC 232-12-068, Nontoxic Shot Requirement for Waterfowl, Coot, and Snipe Hunting: This amendment would modify the existing allowable types of nontoxic shotgun shot pellets for waterfowl, coot, and snipe hunting, to include tungsten-matrix shot and tin shot. - Permanent amendment to WAC 232-12-264, Baiting of Game Birds--Unlawful. This amendment would make it unlawful to hunt game birds in an area posted as an upland bird feeding site and would clarify that a baited area will be considered a baited area for ten days following the complete removal of all grain or feed. - Permanent amendment to WAC 232-28-281, 1999-2000 Elk General Seasons and 1999-2000 Special Permits: This amendment would make calendar date adjustments to accommodate weekend seasons for the Centralia Mine special elk permit disability hunts and clarify boundaries for those hunts. This amendment would also correct GMU 484 in the late archery elk season to show 3 pt. min. or antlerless and not 3 pt. min. The Department has withdrawn the proposed amendment to WAC 232-12-257, Control of Unattended Decoys, due to the need for additional public involvement and clarification of rule language. Two individuals provided oral testimony on the rule proposals during the meeting. Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to: - Adopt the permanent amendment to WAC 232-28-264, 1998-99 and 1999-2000 Official Hunting Hours and Small Game Seasons; - Adopt the permanent amendment to WAC 232-16-140, Equalizing Reservoir Game Reserve; - Adopt the permanent amendment to WAC 232-16-690, Bayview Game Reserve, as filed with the Code Reviser's Office and amended by staff; - Repeal WAC 232-16-680, Lenice Lake Game Reserve; - Adopt the permanent amendment to WAC 232-12-068, Nontoxic Shot Requirement for Waterfowl, Coot, and Snipe Hunting; - Adopt the permanent amendment to WAC 232-12-264, Baiting of Game Birds--Unlawful; and - Adopt the permanent amendment to WAC 232-28-281, 1999-2000 Elk General Seasons and 1999-2000 Special Permits. The motion carried unanimously. REGULATORY REVIEW -- AMENDMENTS TO MISCELLANEOUS HUNTING AND TRAPPING RULES AND REGULATIONS: Peggy Crain presented the Department's recommendation of adoption of permanent amendments to the following rules to ensure they are clear, consistent, necessary, and fair (part of Governor's Executive Order #97-02 Regulatory Review): - WAC 232-12-024, Requirements for Sealing of Pelts and Collection of Biological Information for River Otter, Cougar, Lynx, and Bobcat: This amendment would remove the requirements for taxidermists; this information is already contained in another rule. This amendment would also require that all seals be attached to the carcass, not just merely cut through and handed to the trapper. - WAC 232-12-141, Wild Animal Trapping: This amendment would require lethal dispatch or immediate release of lawfully trapped wild animals and make it unlawful to trap for wild animals within 30 feet of nonedible parts that are visible to flying raptors. This amendment would allow nonedible parts of game birds, game fish, and game animals to be used as bait and for game bird feathers to be used as an attractor. - WAC 232-12-261, Live Decoys Unlawful: This amendment would make it unlawful to hunt wild turkeys with the use or aid of live birds as decoys. - WAC 232-12-134, Report Required of Licensed Trappers: This amendment would clarify the requirements of the trapper's report. - WAC 232-28-259, Electronic Tree Switches: This amendment would correct the language for tree switches and eliminate obsolete language. - WAC 232-12-291, Hunting Before or After Hours: This amendment would remove the word "daily" from the rule language. Peggy also presented the Department's recommendation of repeal of the following rules to eliminate duplication: - WAC 232-12-137, Unlawful to Use Game Species for Trapping; and - WAC 232-28-20401, Incisor Tooth Requirement. The Department has withdrawn the proposed amendment to WAC 232-12-242, Hunting Restrictions. One individual provided oral testimony on the rule proposals during the meeting. Commissioner Cahill moved, seconded by Commissioner Van Gytenbeek, to adopt permanent amendments to the following rules: - WAC 232-12-024, Requirements for Sealing of Pelts and Collection of Biological Information for River Otter, Cougar, Lynx, and Bobcat; - WAC 232-12-141, Wild Animal Trapping; - WAC 232-12-261, Live Decoys Unlawful; - WAC 232-12-134, Report Required of Licensed Trappers; - WAC 232-28-259, Electronic Tree Switches; and - WAC 232-12-291, Hunting Before or After Hours; and repeal the following rules: - WAC 232-12-137, Unlawful to Use Game Species for Trapping; and - WAC 232-28-20401, Incisor Tooth Requirement. The motion carried unanimously. ADOPTION OF REVISED MANAGEMENT OBJECTIVES FOR COASTAL DUNGENESS CRAB FISHERY POLICY: Phil Anderson presented the Department's proposed revised "Management Objectives for Coastal Dungeness Crab Fishery Policy" which includes language regarding "even flow" harvest, and delegation of authority to the Director to implement the Even Flow plan for the 1999-2000 season. Eight individuals provided oral testimony on the proposed revised policy during the meeting. Commissioner Shiosaki moved, seconded by Commissioner Van Gytenbeek, to adopt the revised Management Objectives for Coastal Dungeness Crab Policy, including the preferred alternative outlined in the Coastal Dungeness Crab Even Flow Harvest Management Plan, and adopt the delegation of authority to the Director to implement the Even Flow Harvest Management Plan for the 1999-2000 coastal Dungeness crab season. The motion carried unanimously. (Commissioner Tuck was absent during discussion and vote on the motion.) Commissioners suggested the Department draft a letter for the Chairman's signature to legislators expressing support for a license buyback program for the coastal Dungeness crab fishery. Commissioner Van Gytenbeek suggested the Department draft a letter for the Chairman's signature to the Corps of Engineers expressing concern with the current proposal to dispose of dredge material from the ongoing Mouth of the Columbia River dredging project. OPEN PUBLIC INPUT: Two individuals provided oral testimony on issues of concern. Chairman White recessed the meeting at 7:20 p.m. Saturday, August 7: Chairman White called the meeting back to order at 9:00 a.m. OPEN PUBLIC INPUT: One individual provided oral testimony on issues of concern. AMENDMENT TO ENHANCEMENT ACCOUNT FUNDING MECHANISM RULES: Bruce Crawford presented the Department's recommendation of adoption of permanent amendments to numerous rules to provide a mechanism for funding enhancement accounts to reflect actual participation. No oral testimony on the proposed rule amendments was received during the meeting. Commissioner Cahill moved, seconded by Commissioner Tuck, to: - Adopt the permanent amendment to WAC 220-20-070, Recreational Fisheries Enhancement Account--Funding, as filed with the Code Reviser's Office and amended by staff; - Adopt the permanent amendment to WAC 220-140-050, Funding the Fisheries Regional Enhancement Group Account, as filed with the Code Reviser's Office and amended by staff; and - Adopt the permanent amendment to WAC 232-12-072, Eastern Washington Pheasant Enhancement--Funding Level Determination. The motion carried unanimously. Commissioner Cahill suggested the Department determine if semiannual rather than annual surveys could be conducted to establish enhancement account funding. AMENDMENT TO RECREATIONAL LICENSE DEALER FEES: Bruce Crawford presented the Department's recommendation of adoption of a permanent amendment to WAC 220-55-115, Recreational License Dealer's Fees, to modify and clarify license issuance fees that may be retained by license dealers. No oral testimony on the proposed rule amendment was received during the meeting. Commissioner Pelly moved, seconded by Commissioner Roehl, to adopt the permanent amendment to WAC 220-55-115, Recreational License Dealer's Fees. The motion carried unanimously. ADOPTION OF COMMERCIAL HERRING SEASON CLOSURE: Greg Bargmann presented the Department's recommendation of adoption of a permanent amendment to WAC 220-49-020, Herring and Anchovy--Seasons--Lawful Gear--Purposes. This amendment would close the commercial dip bag net herring fishery in Areas 20A, 20B, 21A, and 21B, and make two housekeeping changes. Declining populations of herring require this closure to conserve the remaining herring in the area. No oral testimony on the proposed rule amendment was received during the meeting. Commissioner Van Gytenbeek moved, seconded by Commissioner Roehl, to adopt the permanent amendment to WAC 220-49-020, Herring and Anchovy--Seasons--Lawful Gear--Purposes. The motion carried unanimously. ADOPTION OF SEA CUCUMBER SEASONS--SETTING BY EMERGENCY ORDER: Morris Barker presented the Department recommendation of adoption of a permanent amendment to WAC 220-52-071, Sea Cucumbers, to allow commercial sea cucumber harvest areas and seasons to be set by emergency rule. No oral testimony on the proposed rule amendment was received during the meeting. Commissioner Roehl moved, seconded by Commissioner Pelly, to adopt the permanent amendment to WAC 220-52-071, Sea Cucumbers. The motion carried unanimously. ADOPTION OF DUNGENESS CRAB CATCH RECORD CARD IMPLEMENTATION/HOUSEKEEPING RULES: Morris Barker presented the Department's final recommendation of adoption of rule proposals to provide for a catch record card for recreationally harvested Dungeness crab and adjust card return dates. He also presented the Department's recommendation of repeal of numerous rules to reduce the number of regulation documents. No oral testimony on the rule proposals was received during the meeting. Commissioner Shiosaki moved, seconded by Commissioner Pelly, to adopt the following, as filed with the Code Reviser's Office and amended by staff: - Permanent amendment to WAC 220-56-175, Salmon, Sturgeon, and Halibut Catch Record Cards; and - WAC 220-69-236, Description of Catch Record Cards and Required Information; and repeal the following: - WAC 220-69-237, Description of Sport Salmon Catch Record and Required Information; - WAC 220-69-238, Description of Sturgeon Catch Record and Required Information; - WAC 220-69-239, Description of Halibut Catch Record Card and Required Information; and - WAC 232-12-157, Steelhead Catch Record Card. The motion carried unanimously. ADOPTION OF REVISED PUGET SOUND CRAB AND SHRIMP FISHERIES POLICY: Dick Burge and Jay O'Dell presented the Department's proposed revised Puget Sound Crab and Shrimp Fisheries Policy to provide more specific policy direction relative to managing crab and shrimp harvest in Puget Sound thereby reducing recreational and commercial conflicts at the staff level and providing greater certainty of management to the constituents. Eleven individuals provided oral testimony on the proposed revised policy during the meeting. Commissioner Shiosaki moved, seconded by Commissioner Van Gytenbeek, to table consideration of adoption of a revised Puget Sound Crab and Shrimp Fisheries Policy to the December 10-11 Commission meeting, and request that the Department continue to work with constituent groups and citizen advisory boards to develop a revised policy that will provide specific policy direction to staff and provide greater certainty of management to the constituents. The motion carried unanimously. Commissioner Roehl suggested the Department include the Commission Fish Committee in these policy discussions with constituent groups and citizen advisory boards. COORDINATED RESOURCE MANAGEMENT BRIEFING: Chuck Perry and Linda Hardesty from the Coordinated Resource Management (CRM) Task Group briefed the Commission on the CRM planning process. OPEN PUBLIC INPUT: One individual provided oral testimony on issues of concern. MISCELLANEOUS AND MEETING DEBRIEF: Commissioner Van Gytenbeek moved, seconded by Commissioner Shiosaki, to request that the Department develop a program to survey shrimp and crab resources. Commissioners discussed using volunteers to conduct the survey and adding other species to be surveyed. The motion was withdrawn. Commissioner Van Gytenbeek will develop specific motion language to be made and considered at a later date. Chairman White adjourned the meeting at 1:30 p.m. dpn MEMOS AND AUTHORITIES FROM THE AUGUST 6-7, 1999 FISH AND WILDLIFE COMMISSION MEETING, OCEAN SHORES Adoption of Hunting Season Guidelines for Development of Options for 2000-2002 Hunting Season Package -- Motion by Tuck, second by Cahill, to table consideration of adoption of the hunting season guidelines for the 2000-2002 hunting season package to the November 12-13 Commission workshop. The motion failed. - Motion by Pelly, second by Roehl, to adopt the hunting season guidelines for use in developing the hunting season options for the 2000-2002 hunting season package. The motion carried unanimously. Adoption of 1999-2000 Migratory Waterfowl Seasons; Repeal of 1998-99 Seasons Commission Request - Motion by Pelly, second by Shiosaki, to: -- Adopt the permanent amendment to WAC 232-28-423, 1999-2000 Migratory Waterfowl Seasons and Regulations, as filed with the Code Reviser's Office and amended by staff; and -- Repeal WAC 232-28-422, 1998-99 Migratory Waterfowl Seasons and Regulations. The motion carried unanimously. - Motion by Pelly, second by Cahill, to request that the Department petition the USFWS for additional migratory waterfowl youth hunting opportunity in 2000-2001. The motion carried unanimously. Amendments to Misc. Hunting Seasons, Rules, and Regulations - Motion by Pelly, second by Van Gytenbeek, to: -- Adopt the permanent amendment to WAC 232-28-264, 1998-99 and 1999-2000 Official Hunting Hours and Small Game Seasons; -- Adopt the permanent amendment to WAC 232-16-140, Equalizing Reservoir Game Reserve; -- Adopt the permanent amendment to WAC 232-16-690, Bayview Game Reserve, as filed with the Code Reviser's Office and amended by staff; -- Repeal WAC 232-16-680, Lenice Lake Game Reserve; -- Adopt the permanent amendment to WAC 232-12-068, Nontoxic Shot Requirement for Waterfowl, Coot, and Snipe Hunting; -- Adopt the permanent amendment to WAC 232-12-264, Baiting of Game Birds--Unlawful; and -- Adopt the permanent amendment to WAC 232-28-281, 1999-2000 Elk General Seasons and 1999-2000 Special Permits. The motion carried unanimously. Regulatory Review--Adoption of Misc. Hunting and Trapping Rules and Regs. - Motion by Cahill, second by Van Gytenbeek, to adopt permanent amendments to the following rules: -- WAC 232-12-024, Requirements for Sealing of Pelts and Collection of Biological Information for River Otter, Cougar, Lynx, and Bobcat; -- WAC 232-12-141, Wild Animal Trapping; -- WAC 232-12-261, Live Decoys Unlawful; -- WAC 232-12-134, Report Required of Licensed Trappers; -- WAC 232-28-259, Electronic Tree Switches; and -- WAC 232-12-291, Hunting Before or After Hours; and repeal the following rules: -- WAC 232-12-137, Unlawful to Use Game Species for Trapping; and -- WAC 232-28-20401, Incisor Tooth Requirement. The motion carried unanimously. Adoption of Revised Management Objectives for Coastal Dungeness Crab Policy - Motion by Shiosaki, second by Van Gytenbeek, to adopt the revised Management Objectives for Coastal Dungeness Crab Policy, including the preferred alternative outlined in the Coastal Dungeness Crab Even Flow Harvest Management Plan, and adopt the delegation of authority to the Director to implement the Even Flow Harvest Management Plan for the 1999-2000 coastal Dungeness crab season. The motion carried unanimously.* Adoption of Amendment to Enhancement Acct. Funding Mechanism Rules - Motion by Cahill, second by Tuck, to: -- Adopt the permanent amendment to WAC 220-20-070, Recreational Fisheries Enhancement Account--Funding, as filed with the Code Reviser's Office and amended by staff; -- Adopt the permanent amendment to WAC 220-140-050, Funding the Fisheries Regional Enhancement Group Account, as filed with the Code Reviser's Office and amended by staff; and -- Adopt the permanent amendment to WAC 232-12-072, Eastern Washington Pheasant Enhancement--Funding Level Determination. The motion carried unanimously. Adoption of Amendment to Recreational License Dealer Fees - Motion by Pelly, second by Roehl, to adopt the permanent amendment to WAC 220-55-115, Recreational License Dealer's Fees. The motion carried unanimously. Adoption of Commercial Herring Season Closure - Motion by Van Gytenbeek, second by Roehl, to adopt the permanent amendment to WAC 220-49-020, Herring and Anchovy--Seasons--Lawful Gear--Purposes. The motion carried unanimously. Adoption of Amendment to Sea Cucumber Seasons --Setting by Emergency Order - Motion by Roehl, second by Pelly, to adopt the permanent amendment to WAC 220-52-071, Sea Cucumbers. The motion carried unanimously. Adoption of Dungeness Crab Catch Record Card Implementa-ion/Housekeeping Rules - Motion by Shiosaki, second by Pelly, to adopt the following, as filed with the Code Reviser's Office and amended by staff: -- Permanent amendment to WAC 220-56-175, Salmon, Sturgeon, and Halibut Catch Record Cards; and -- WAC 220-69-236, Description of Catch Record Cards and Required Information; and repeal the following: -- WAC 220-69-237, Description of Sport Salmon Catch Record and Required Information; -- WAC 220-69-238, Description of Sturgeon Catch Record and Required Information; -- WAC 220-69-239, Description of Halibut Catch Record Card and Required Information; and -- WAC 232-12-157, Steelhead Catch Record Card. The motion carried unanimously. Tabled Adoption of Revised Puget Sound Crab and Shrimp Fisheries Policy - Motion by Shiosaki, second by Van Gytenbeek, to table consideration of adoption of a revised Puget Sound Crab and Shrimp Fisheries Policy to the December 10-11 Commission meeting, and request that the Department continue to work with constituent groups and citizen advisory boards to develop a revised policy that will provide specific policy direction to staff and provide greater certainty of management to the constituents. The motion carried unanimously. * Commissioner Tuck was absent during discussion and vote on the motion. Commissioners in Attendance: Kelly White, Chairman Russ Cahill, Vice Chairman Don Heinicke Lisa Pelly Will Roehl Fred Shiosaki Bob Tuck Van Van Gytenbeek

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