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

ATTENDANCE:
Commission	Department (Continued)
Will Roehl, Chair	Tim Waters
Ron Ozment, Vice Chair	Doug Williams
John A. Hunter	Donny Martorello
Holly Ledgerwood	Steve Pozzanghera
Lisa Pelly	Jerry Nelson
J. Pete Schroeder	Dennis Beich
Fred Shiosaki	Other Department Staff
Bob Tuck
Commission Staff:
Susan Yeager
	Public
Department	Milo Kippen
Jeff Koenings, Director	Nina Carter, Audubon Society
Larry Peck, Deputy Director	Martha Jordan, The Trumpeter Swan Society
Bill Frymire, Attorney General's Office	Bruce Crawford
Jim Lux	Ed Crawford
Bruce Bjork	Gerald Graham
Tom Davis	Steve Sutton
Harvey Childs	Ben Welton
Dan Budd	David Drewry
Don Kraege	Mary Lou Peterson, Okanogan Co. Commissioner
Eric Larsen	John Sewell, WA State Hound Council
Greg Bargmann	Dorsey Moody
Mike Cenci	Kip Parker, PAWS and WA Wild Rehab. Assoc.
Morris Barker	Patrick Hogan
Evan Jacoby	Sylvia thorpe
Greg Hueckel	Keith Goehner, Chelan County Commissioner
Lora Leschner	B. J. Thorniley, WA State Trappers/Hunters Heritage Council

FRIDAY, AUGUST 6:

Chair Roehl called the meeting to order at 9:02 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.

BUDGET UPDATE:
Jim Lux provided a status report on the Department's budget, including (1) closing out the 2004 fiscal year, and (2) status of the current biennial budget.

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

DEPARTMENT-PROPOSED 2005 AGENCY REQUEST LEGISLATION:
Tom Davis presented for approval the Department's proposed 2005 request legislation for submission to the Office of Financial Management.

One individual provided oral testimony on the proposed request legislation during the meeting.

Commissioner Pelly moved, seconded by Commissioner Shiosaki, to approve the Department's proposed 2005 request legislation for submission to the Office of Financial Management.

Commissioner Pelly moved, seconded by Commissioner Tuck, to include orca and salmon as possible license plate designs. The motion to amend the motion carried. The motion, as amended, carried unanimously.

DEPARTMENT 2005-07 OPERATING BUDGET REQUEST:
Jim Lux presented for approval the Department's proposed 2005-07 operating budget request for submission to the Office of Financial Management.

One individual provided oral testimony on the proposed 2005-07 operating budget request during the meeting.

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to approve the Department's 2005-07 operating budget request for submission to the Office of Financial Management. The motion to approve the 2005-07 operating budget carried unanimously.

DEPARTMENT 2005-07 CAPITAL BUDGET REQUEST:
Jim Lux and Harvey Childs presented for approval the Department's proposed 2005-07 capital budget request for submission to the Office of Financial Management.

One individual provided oral testimony on the proposed 2005-07 capital budget request during the meeting.

Commissioner Hunter moved, seconded by Commissioner Tuck, to approve the Department's 2005-07 capital budget request for submission to the Office of Financial Management. The motion to approve the 2005-07 capital budget carried unanimously.

WILD RECREATIONAL LICENSE SYSTEM FUTURE PLANS -- BRIEFING:
Jim Lux briefed the Commission on the status of reviewing the Washington Interactive Licensing Database (WILD), and on plans for continuing recreational license sales in the future.

AMENDMENTS TO DEALER FEES RULES:
Jim Lux presented proposed permanent amendments to WAC 220-55-115, Recreational license dealers' fees, that would establish consistent recreational license dealer issuance fees.

No individuals provided oral testimony on the proposed amendments.

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt the permanent amendments to WAC 220-55-115, Recreational license dealers' fees, as proposed. The motion to adopt the permanent amendments carried unanimously.

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

The Department withdrew the request for purchase of a 10,400.7-acre property for shrub-steppe habitat in Benton County.

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to approve the following land transactions:

- Acquisition of the 9.88-acre Steinhour property in Klickitat County for $42,500;
- Acceptance of the 8.59-acre Stagen et al., property in Pacific County;
- Sale of the (former Douglas County) Douglas Creek property in Douglas County to the Bureau of Land Management for $88,000; and
- Easement modification of approximately 2,000 feet along the Pilchuck River access in Snohomish County.

Because of concerns regarding land use by BLM, Commissioner Tuck moved, seconded by Commissioner Hunter, to postpone a decision to the October 1-2, 2004, Commission Workshop on the sale of the Douglas Creek property. The motion to amend the motion carried.

The motion, as amended, to approve the land transactions carried unanimously.

ESTABLISHMENT OF 2004-05 MIGRATORY WATERFOWL SEASONS AND REGULATIONS:
Don Kraege presented a new rule proposal, WAC 232-28-428, 2004-05 Migratory waterfowl seasons and regulations, that would provide hunting recreation and damage control consistent with the status of waterfowl species and within frameworks established by the U.S. Fish and Wildlife Service; and proposed repeal of WAC 232-28-427, 2003-04 Migratory waterfowl seasons and regulations.

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

Commissioner Pelly moved, seconded by Commissioner Shiosaki, to adopt WAC 232-28-428, 2004-05 Migratory waterfowl seasons and regulations, as filed with the Code Reviser's Office and floor amended by staff to extend the harvest reporting requirement to February 15, and to repeal WAC 232-28-427, 2003-04 Migratory waterfowl seasons and regulations. The motion to adopt and repeal the rule proposals carried unanimously.

ADOPTION OF GAME RESERVES AND WATERFOWL CLOSURES RULES:
Don Kraege and Al Sutlick (U.S. Army Corps of Engineers) presented a new rule proposal, WAC 232-16-610, Snipes Game Reserve, permanent rule amendments to WAC 232-16-740, Columbia, Snake and Yakima River waterfowl, coot, and snipe closures, and repeal of WAC 232-16-270, Moxee Game Reserve, to provide additional public hunting recreation consistent with the status of waterfowl species.

No individuals provided oral testimony on the rule proposal and proposed amendments during the meeting.

Commissioner Tuck moved, seconded by Commissioner Hunter, to adopt WAC 232-16-610, Snipes Game Reserve; to adopt the permanent amendments to WAC 232-16-740, Columbia, Snake, and Yakima River waterfowl, coot, and snipe closures; as filed with the Code Reviser's Office and amended by staff; and to repeal WAC 232-16-270, Moxee Game Reserve. The motion to adopt the rule proposal and permanent amendments and to repeal the rule proposal carried unanimously.

OPEN PUBLIC INPUT:

Two individuals provided oral testimony on issues of concern during this portion of the meeting.

Chair Roehl recessed the meeting at 5:23 p.m.

SATURDAY, AUGUST 7:

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

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

AMENDMENTS TO WILDLIFE REHABILITATION REQUIREMENTS:
Eric Larsen, presented permanent amendments to WAC 232-12-275, Wildlife rehabilitation permits, that would establish oiled bird-specific rehabilitation requirements based on the best available science.

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

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to adopt the permanent amendments to WAC 232-12-275, Wildlife rehabilitation permits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

AMENDMENTS TO COMMERCIAL HERRING RULES:
Greg Bargmann and Mike Cenci presented permanent amendments to WAC 220-49-023, Herring reporting, that would accurately track the amount of herring placed in a net pen and ensure that all herring in the net pen are accounted for on fish tickets.

No individuals provided oral testimony on the proposed amendments during the meeting.

Commissioner Pelly moved, seconded by Commissioner Tuck, to adopt the permanent amendments to WAC 220-49-023, Herring reporting, as proposed. The motion to adopt the permanent amendments carried unanimously.

AMENDMENTS TO HOOD CANAL FISHERIES RULES:
Morris Barker presented the following permanent rule amendments to protect stocks/species in Hood Canal that cannot be adequately protected through the use of emergency rules:

- WAC 220-48-029, Set net--Dogfish--Seasons;
- WAC 220-48-032, Set line--Seasons;
- WAC 220-48-062, Drag seines--Seasons;
- WAC 220-49-020, Herring and anchovy--Seasons--Lawful gear--Purposes;
- WAC 220-49-056, Smelt fishing--Seasons;
- WAC 220-56-128, Food fish fishing--Closed areas;
- WAC 220-56-235, Possession limits--Bottomfish;
- WAC 220-56-267, Herring--Areas and seasons;
- WAC 220-56-270, Smelt--Areas and seasons;
- WAC 220-56-390, Squid, octopus; and
- WAC 220-56-420, Sea cucumbers.

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

Commissioner Tuck moved, second by Commissioner Shiosaki, to adopt the following permanent amendments as proposed:

- WAC 220-48-029, Set net--Dogfish--Seasons;
- WAC 220-48-032, Set line--Seasons;
- WAC 220-48-062, Drag seines--Seasons;
- WAC 220-49-020, Herring and anchovy--Seasons--Lawful gear--Purposes;
- WAC 220-49-056, Smelt fishing--Seasons;
- WAC 220-56-128, Food fish fishing--Closed areas;
- WAC 220-56-235, Possession limits--Bottomfish;
- WAC 220-56-267, Herring--Areas and seasons;
- WAC 220-56-270, Smelt--Areas and seasons;
- WAC 220-56-390, Squid, octopus; and
- WAC 220-56-420, Sea cucumbers.

The motion to adopt the permanent amendments carried unanimously.

Commissioner Schroeder requested the Department provide a review of the smelt fishery status at the October 1-2, 2004, Commission Workshop.

AMENDMENTS TO SHELLFISH CLASSIFIED RULES:
Morris Barker presented permanent amendments to WAC 220-56-310, Shellfish--Daily limits, to clarify classified shellfish species and decrease confusion.

No individuals provided oral testimony on the proposed amendments during the meeting.

Commissioner Pelly moved, seconded by Commissioner Shiosaki, to adopt the permanent amendments to WAC 220-56-310, Shellfish--Daily limits, as proposed. The motion to adopt the permanent amendments carried unanimously.

AMENDMENTS TO COMMERCIAL SEA URCHIN AND SEA CUCUMBER RULES:
Morris Barker presented permanent amendments to WAC 220-52-073, Sea urchins, and WAC 220-69-240, Duties of commercial purchasers and receivers, to improve reporting requirements.

No individuals provided oral testimony on the proposed amendments during the meeting.

Commissioner Pelly moved, seconded by Commissioner Shiosaki, to adopt the permanent amendments to WAC 220-52-073, sea urchins, as proposed; and to consider WAC 220-69-240, Duties of commercial purchasers and receivers, during the next agenda item, Amendments to Catch Data Accounting Rules. The motion to adopt the permanent amendments and to consider WAC 220-69-240 during the next agenda item carried unanimously.

AMENDMENTS TO CATCH DATA ACCOUNTING RULES:
Evan Jacoby and Mike Cenci presented the following permanent amendments to clarify and increase accuracy of catch and harvest reporting primarily by fish buyers, and to repeal WAC 220-69-262, Distribution of copies of marine and utility fish receiving ticket:

- WAC 220-69-210, Definitions;
- WAC 220-69-215, When state of Washington fish receiving tickets are required;
- WAC 220-69-220, When state of Washington fish receiving tickets are not required;
- WAC 220-69-23402, Description of aquatic farm production report;
- WAC 220-69-236, Description of catch record cards and required information;
- WAC 220-69-240, Duties of commercial purchasers and receivers;
- WAC 220-69-241, Duties of commercial fishers;
- WAC 220-69-242, Duties of commercial shellfish shuckers;
- WAC 220-69-243, Duties of aquatic farmers;
- WAC 220-69-250, Required information on nontreaty fish receiving tickets;
- WAC 220-69-254, Required information on treaty Indian fish receiving tickets;
- WAC 220-69-260, Distribution of copies of nontreaty fish receiving tickets;
- WAC 220-69-264, Distribution of copies of treaty Indian fish receiving tickets;
- WAC 220-69-26401, Distribution of copies of shellfish receiving ticket;
- WAC 220-69-270, License cards;
- WAC 220-69-274, Signatures;
- WAC 220-69-280, Fish receiving ticket accountability; and
- WAC 220-69-300, Commercial food fish and shellfish transportation ticket.

No individuals provided oral testimony on the proposed amendments during the meeting.

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt the following permanent amendments as proposed and including changes to WAC 220-69-240, Duties of commercial purchasers and receivers, continued from the previous agenda item; and to repeal WAC 220-69-262, Distribution of copies of marine and utility fish receiving ticket:

- WAC 220-69-210, Definitions;
- WAC 220-69-215, When state of Washington fish receiving tickets are required;
- WAC 220-69-220, When state of Washington fish receiving tickets are not required;
- WAC 220-69-23402, Description of aquatic farm production report;
- WAC 220-69-236, Description of catch record cards and required information;
- WAC 220-69-240, Duties of commercial purchasers and receivers;
- WAC 220-69-241, Duties of commercial fishers;
- WAC 220-69-242, Duties of commercial shellfish shuckers;
- WAC 220-69-243, Duties of aquatic farmers;
- WAC 220-69-250, Required information on nontreaty fish receiving tickets;
- WAC 220-69-254, Required information on treaty Indian fish receiving tickets;
- WAC 220-69-260, Distribution of copies of nontreaty fish receiving tickets;
- WAC 220-69-264, Distribution of copies of treaty Indian fish receiving tickets;
- WAC 220-69-26401, Distribution of copies of shellfish receiving ticket;
- WAC 220-69-270, License cards;
- WAC 220-69-274, Signatures;
- WAC 220-69-280, Fish receiving ticket accountability; and
- WAC 220-69-300, Commercial food fish and shellfish transportation ticket.

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

REPEAL OF STREAM OBSTRUCTION HEARINGS PROCEDURE RULES:
Evan Jacoby presented a repeal of Chapter 220-120 WAC, Stream obstruction hearings procedure, that would allow each case to be considered on an individual basis.

No individual provided oral testimony on the proposed amendments during the meeting.

Commissioner Pelly moved, seconded by Commissioner Hunter, to repeal Chapter 220-120 WAC, Stream obstruction hearings procedure as proposed. The motion to repeal Chapter 220-120 WAC, carried unanimously.

ADOPTION OF COUGAR MANAGEMENT RULES:
Steve Pozzanghera and Donny Martorello reviewed cougar management regulations that would establish a pilot cougar season as directed by the 2004 Legislature through the passage of SSB 6118:

- WAC 232-28-285, 2004-2005, Pilot cougar hunting seasons with the aid of dogs;
- Amendment to WAC 232-28-272, 2003-2004, 2004-2005, and 2005-2006 Black bear and Cougar hunting seasons and regulations;
- Amendment to WAC 232-12-243, Public safety cougar removals; and
- Amendment to WAC 232-28-341, 2003-04, 2004-05, 2005-06, Small game seasons.

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

Commissioner Hunter moved, seconded by Commissioner Shiosaki, to continue the rule-making public hearing and Commission consideration to the October 1-2, 2004, Commission Workshop. The motion to continue the public hearing carried unanimously.

AMENDMENTS TO 2004-2005 AND 2005-2006 FURBEARER TRAPPING SEASONS RULES:

Donny Martorello presented permanent amendments to WAC 232-28-515, Trapping seasons and regulations, that would establish 2004-2005 and 2005-2006 furbearer trapping seasons.

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

Commissioner Hunter moved, seconded by Commissioner Tuck, to adopt the permanent amendments to WAC 232-28-515, Trapping seasons and regulations, as proposed. The motion to adopt the permanent amendments carried unanimously.

AMENDMENTS TO CHRONIC WASTING DISEASE PROTECTION RULES:
Jerry Nelson presented an emergency rule amendment to WAC 232-12-021, Importation and retention of dead nonresident wildlife. This amendment would make it unlawful to import deer and elk harvested from states and Canadian provinces where chronic wasting disease is present in wild populations unless the animal carcasses were already boned out and processed. If adopted, the emergency rule would go into effect September 1 and last 120 days.

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

Commissioner Tuck moved, seconded by Commissioner Hunter, to adopt WAC 232-12-021, Importation and retention of dead nonresident wildlife, as proposed, on an emergency basis starting September 1, 2004.

Commissioner Tuck moved, seconded by Commissioner Hunter, to amend the motion by changing Section 3(a) to read: "meat that has been deboned in the…". The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

MISCELLANEOUS AND MEETING DEBRIEF:

Commissioner Tuck moved, seconded by Commissioner Pelly, to request the Department to review ADA access on watershed fishing sites. The motion to request Department action carried unanimously.

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

Chair Roehl recessed the meeting at 1:35 p.m.

Commissioners in Attendance:
Will Roehl, Chair
John A. Hunter
Holly Ledgerwood
Lisa Pelly
J. Pete Schroeder
Fred Shiosaki
Bob Tuck

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