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

ATTENDANCE:
Commission	Public (cont.)
Lisa Pelly, Chair	Larry Kelach
Kelly White, Vice Chair	Jim Kilmer
Russ Cahill	Jim Cahill, OFM
Don Heinicke	Kathleen Davis
Dean Lydig	Noella Novarra
John McGlenn	Michael Lawrence
Will Roehl	Frank Urabeck, NW Marine Trade Assn.
Bob Tuck	Rob Kavanaugh
	Jamey Layman, Inland NW Wildlife Council
Commission Staff:	Walter Olsen, NACMO
Debbie Nelson	Bill McCutcheon, N. America Prospecting Assn.
	Ralph Youngs. BCHW
Department	Larry Youngs, BCHW
Dave Brittell, Acting Deputy Director	Richard Rzusutek
Phil Anderson	Paul Krett
Mike Kuttel	Milo Kippen
Steve Schroeder	Charles Singleton, BCHW
Bruce Crawford	Warren Fulton
Ross Fuller	Denny Patterson
Dan Budd	Jim Hubbard, NW Field Trial Council
Pat Chapman	Mary Fries, WA Native Plant Society
Jenene Ratassepp	Trish Sheatsley
Dave hays	Bill Brudy
Richard Kessler	Donald Calhoun
Dick Burge	Joe Verdoes, Inner Sound Crab Assn.
Rocky Beach	Tom Burton, Inner Sound Crab Assn.
Steve Pozzanghera	Ed Owens, Coalition of Coastal Fisheries
Don Kraege	Marie Petrish
Bill Frymire	Larry Schinke
Betty Buckley	Tony Forsman, NW Indian Fisheries Commission
Brian Edie	Eddie Armstrong, WA State Horse Council
Other Department Staff	Mike Bingaman, Greater Seattle Bird Dog Assn.
	John Barr
	Bob Petrish
Public	Marth Jordan
Steve Shanewise	Philip & Evelyn Sheatsley
Allan Kollar	Doug Stein
Bobbie Thorniley, WA St. Trappers Assn.	Debra Welton
Kyle Winton, WA State Archery Assn.	Tom Kelley
Peter Young, NW Field Trial Council	John Douglas, WA Wildlife Federation
Tom Carlson	Herbert Armstrong
Florence Jackson	Joe Quall
Clifford Kellogg, WA Falconers Assn.	William Thompson
Alice Bond	Dave Quall, Representative
Regina Murray	Harry Jackson, Jr.
Ben Welton

FRIDAY, AUGUST 7:

Chair Pelly called the meeting to order at 12:40 p.m.

BUDGET OUTLOOK:

Jim Cahill from the Office of Financial Management lead a discussion on the preliminary budget outlook for the 1999-2001 biennium.

COMMISSIONERS' DISCUSSION:

Commissioners discussed recent activities and items of general interest.

Chair Pelly indicated that she had received no response to her letter to Bern Shanks requesting a written status report on the in-depth analysis of possible long-term funding sources and methods for the Department. Commissioners agreed that Bern Shanks should be contacted to determine the status of the analysis and if he was currently on annual leave.

Commissioner Cahill recommended the Department meet with Puget Sound Naval Shipyard representatives regarding environmental issues.

Commissioner Cahill also recommended the Department contact staff of the House Natural Resources Committee to review the bill being drafted to overturn part or all of the initiative that banned the use of hounds to hunt cougar.

Chair Pelly suggested the Department provide the Commission with available information on cougar populations. (During the meeting Commissioners were provided with a written report on cougar population information as requested.)

At the request of Commissioner Roehl, Bruce Crawford will contact the Department of Natural Resources regarding its distribution of incorrect information on herring spawning areas.

Commissioner Roehl questioned if any exceptions were made to the recent closure of coho fishing in the Strait of Juan de Fuca within 3/4 mile of the beach to allow handicapped individuals to fish from the beach or a pier. Bruce Crawford indicated he will review the potential for allowing handicapped fishing.

Commissioner McGlenn thanked the Department for putting together the report on "Optional Funding Needs to Operate the Department." He suggested the information be validated for use as a baseline document representing the types of activities the public would like the Department to increase if provided significantly greater funding.

Commissioner Lydig moved, seconded by Commissioner White, to reconsider the previous decision made on January 23, 1998 at the La Conner meeting to have the Department develop and implement framework guidelines for hunting seasons for the 1999-2000 big game seasons, and to request that the Department develop framework guidelines for use on the establishment of the 2000-2002 hunting season three-year package. The motion carried unanimously. (Commissioner Roehl was absent during discussion and vote on the motion.)

DEPUTY DIRECTOR'S REPORT:

Acting Deputy Director Brittell reviewed significant Department issues and activities since the June 13, 1998 Commission meeting.

Commissioner Tuck requested the Department provide the Commission with a summary sheet of successful applicants and their respective projects for the Salmon Habitat Restoration Grants Program. (During the meeting Commissioners were provided with a written summary of the requested information.)

Commissioner McGlenn asked the Department to provide the Commission with information on the number of Department employees six months ago and the current number of employees.

UPDATE ON STATE/TRIBAL HUNTING COORDINATION:

Phil Anderson and Mike Kuttel presented an update on the state/tribal hunting coordination effort.

RESOURCE ASSESSMENT DIVISION, ECOLOGICAL INVESTIGATIONS UNIT -- BRIEFING:

Steve Schroeder introduced the Commission to some of the wide array of research endeavors in which the Ecological Investigations Unit participates.

Commissioners invited Steve to do a future briefing on remote site incubators.

HATCHERY EVALUATION PROJECTS -- BRIEFING:

Ross Fuller briefed the Commission on the Department's hatchery monitoring and evaluating activities, including business practices and compliance with federal laws and regulations. Strategies developed for facilities in areas impacted with Endangered Species Act listings were also visited.

PROPOSED LAND ACQUISITIONS/TRANSFER:

Dan Budd presented the Department's request for Commission approval of proposed land acquisitions and transfer.

Commissioner Cahill moved, seconded by Commissioner Lydig, to approve the following land transactions:

-- Acquisition of the 2,206-acre MJM Ranch, Inc. property at Wells Wildlife Area in Douglas County for $275,000
-- Acquisition of the 1,974-acre Smith property at Foster Creek Wildlife Area in Douglas County for $651,200
-- Acquisition of the 150.55-acre Pope Resources property at Tarboo Creek in Jefferson County for $887,000
-- Acquisition of the 18.5-acre Padden Family Trust and Newman property at Big Beef Creek in Kitsap County for $126,500
-- Acquisition of the 15-acre Dinius and Bear property at Bell Creek in Clallam County for $66,000
-- Acquisition of the 240-acre Weatherly Estate property at Wooten Wildlife Area in Garfield County for $238,000
-- Acquisition of the 612-acre Trust for Public Land/Egger Farms property at Shillapoo Wildlife Area in Clark County for $1,737,000
-- Acquisition of the 200-acre Boise Cascade Corporation property at Klickitat Wildlife Area in Klickitat County for $275,000
-- Sale of the Department's 3.25-acre Williams Creek property in Pacific County to Pacific County for $14,984.64.

The motion carried unanimously.

UPDATE ON MINERAL PROSPECTING RULE DEVELOPMENT:

Pat Chapman presented an update on development of rules for mineral prospecting.

The Commission is scheduled to consider adoption of the proposed rules at its December 4-5, 1998 meeting.

STATUS REPORT - SCATTER CREEK AND STILLWATER WILDLIFE AREAS:

Jenene Ratassepp, Dave Hays, and Richard Kessler presented a status report on habitat and recreation at Scatter Creek and Stillwater Wildlife Areas.

NORTHWEST FIELD TRIAL COUNCIL PRESENTATION:

Jim Hubbard, president of the Northwest Field Trial Council, discussed the Council's proposal to allow dog training and field trialing at Scatter Creek and Stillwater Wildlife Areas.

OPEN PUBLIC INPUT:

Five individuals provided oral testimony on issues of concern.

Chair Pelly recessed the meeting at 4:50 p.m.

(Following the meeting, Commissioners participated in a tour of the Scatter Creek Wildlife Area and the Lewis County Game Farm.)

SATURDAY, AUGUST 8:

Chair Pelly called the meeting back to order at 8:07 a.m.

Three individuals provided oral testimony on issues of concern.

PUGET SOUND COMMERCIAL CRAB FISHERY--RULE PROPOSALS:

Dick Burge and Ralph Woods presented the Department's final recommendation of adoption of permanent amendments to the following rules:

- WAC 220-52-040, Commercial Crab Fishery--Lawful and Unlawful Gear, Methods, and other Unlawful Acts: This amendment would provide housekeeping modifications, prohibit the use of ground-line pot fishing in Puget Sound, and provide two additional areas where commercial fishing would be limited.
- WAC 220-52-043, Commercial Crab Fishery--Additional Gear and License Use Requirements: This amendment would provide housekeeping modifications.
- WAC 220-52-046, Crab Fishery--Seasons and Areas: This amendment would provide housekeeping modifications and provide two additional areas where commercial fishing would be limited.

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

Commissioner Cahill moved, seconded by Commissioner McGlenn, to adopt the permanent amendments to the following rules, as filed with the Code Reviser's Office and amended by staff:

- WAC 220-52-040, Commercial Crab Fishery--Lawful and Unlawful Gear, Methods, and Other Unlawful Acts
- WAC 220-52-043, Commercial Crab Fishery--Additional Gear and License Use Requirements
- WAC 220-52-046, Crab Fishery--Seasons and Areas.

Commissioner Roehl moved, seconded by Commissioner Heinicke, to amend the motion to remove (3) (e) from WAC 220-52-046. The motion to amend the motion carried.

Commissioner Roehl moved, seconded by Commissioner Lydig, to amend the motion to modify WAC 220-52-043 (3) (a) to read: "In Puget Sound, all crab pots must have a durable, non-biodegradable tag permanently and legibly marked with the primary license owner's name or license number, and telephone number security attached..." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

Commissioner Lydig moved, seconded by Commissioner Roehl, to establish a two-year moratorium on establishing any new recreational-exclusive areas until the Department can verify the accuracy of tribal and recreational harvests and request that the Department develop written standards and criteria for how these recreational areas are established, regardless of whether this changes the allocation distribution between commercial and recreational. The motion was withdrawn by maker and seconder of motion.

Commissioner Roehl moved, seconded by Commissioner Cahill, to require that all future proposals for new recreational-exclusive areas be judged by written standards and criteria developed by the Department. The motion carried unanimously.

AMENDMENT TO PERMITS FOR SPECIAL HUNTING AND TRAPPING SEASONS:

Rocky Beach and Steve Pozzanghera presented the Department's recommendation of adoption of a permanent amendment to WAC 232-12-131, Permits for Special Hunting and Trapping Seasons, to restrict mountain goat permit hunts to a once in a lifetime opportunity. This amendment would also allow youth that have successfully drawn moose permit hunts for the Mount Spokane youth-only hunt to apply for a moose permit hunt later as an adult.

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

Commissioner White moved, seconded by Commissioner McGlenn, to adopt the permanent amendment to WAC 232-12-131, Permits for Special Hunting and Trapping Seasons. The motion carried unanimously. (Commissioner Lydig was absent during discussion and vote on the motion.)

ESTABLISHMENT OF 1998-99 MIGRATORY WATERFOWL SEASONS:

Rocky Beach and Don Kraege presented the Department's final recommendation of adoption of WAC 232-28-422, 1998-99 Migratory Waterfowl Seasons and Regulations.

Seven individuals proposed oral testimony on the rule proposal during the meeting.

Commissioner McGlenn moved, seconded by Commissioner Roehl, to adopt WAC 232-28-422, 1998-99 Migratory Waterfowl Seasons, as filed with the Code Reviser's Office and amended by staff, including Option A for the Skagit County brant season.

Commissioner McGlenn moved, seconded by Commissioner Tuck, to amend the motion to modify seasons as follows:

- Western and Eastern Washington duck seasons: Oct. 3-11 and Oct. 13-Jan. 17, 1999
- Goose season for Western Washington Goose Management Area 1: Oct. 10-11 and Oct. 13-Jan. 3, 1999 for snow geese; and Oct. 10-11 and Oct. 13-Jan. 17, 1999 for other geese
- Goose season for Western Washington Goose Management Area 3: Oct. 10-11 and Oct. 13-Jan. 17, 1999
- Goose season for Eastern Washington Goose Management Area 2: Oct. 10-11 and Oct. 13-Jan. 17, 1999
- Western and Eastern Washington falconry duck and coot seasons: Oct. 3-11 and Oct. 13-Jan. 17, 1999
- Falconry goose season: Oct. 10-11 and Oct. 13-Jan. 17, 1999
- Falconry snipe season: Oct. 3-11 and Oct. 13-Jan. 17, 1999.

The motion to amend the motion carried unanimously. (Commissioner Lydig was absent during discussion and vote on the motion.)

The motion, as amended, carried unanimously. (Commissioner Lydig was absent during discussion and vote on the motion.)

OPEN PUBLIC INPUT:

One individual provided oral testimony on issues of concern.

AMENDMENT TO GAME RESERVES AND ESTABLISHMENT OF PORT SUSAN BAY GOOSE CLOSURE:

Rocky Beach and Don Kraege presented the Department's recommendation of adoption of the following rule proposals:

- Permanent amendment to WAC 232-16-800, Debay's Slough Game Reserve: This amendment would change the title of the reserve to Johnson/Debay's Slough Game Reserve.
- Permanent amendment to WAC 232-16-540, Yakima River Game Reserve: This amendment would update road names to current map designations.
- Permanent amendment to WAC 232-16-690, Bayview Game Reserve: This amendment would allow all game species, except for brant, to be hunted during established seasons April through October.
- Permanent amendment to WAC 232-16-700, Swinomish Spit Game Reserve: This amendment would allow all game species, except for brant, to be hunted during established seasons April through October.
- WAC 232-16-810, Port Susan Bay Canada Goose Closure: This rule would establish an area closed to hunting of Canada geese in Port Susan Bay in Snohomish County.

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

Commissioner Roehl moved, seconded by Commissioner White, to adopt the following rule proposals:

-- Permanent amendment to WAC 232-16-800, Debay's Slough Game Reserve
-- Permanent amendment to WAC 232-16-540, Yakima River Game Reserve
-- Permanent amendment to WAC 232-16-690, Bayview Game Reserve
-- Permanent amendment to WAC 232-16-700, Swinomish Spit Game Reserve
-- WAC 232-16-810, Port Susan Bay Canada Goose Closure.

The motion carried unanimously. (Commissioner Lydig was absent during discussion and vote on the motion.)

Mike Kuttel explained that the Department will modify posting on the Bayview Game Reserve and Swinomish Spit Reserve to allow possession of firearms and dogs, change configuration of reserve signs, and re-evaluate other reserve sites within the region.

REPEAL OF 1997-98 MIGRATORY WATERFOWL SEASONS:

Rocky Beach and Don Kraege presented the Department's recommendation of repeal of WAC 232-28-421, 1997-98 Migratory Waterfowl Seasons and Regulations.

No oral testimony on the proposed rule repeal was received during the meeting.

Commissioner Tuck moved, seconded by Commissioner White, to repeal WAC 232-28-421, 1997-98 Migratory Waterfowl Seasons and Regulations. The motion carried unanimously. (Commissioner Lydig was absent during discussion and vote on the motion.)

AMENDMENT TO 1998-99 AND 1999-2000 OFFICIAL HUNTING HOURS AND SMALL GAME SEASONS:

Rocky Beach and Don Kraege presented the Department's final recommendation of adoption of a permanent amendment to WAC 232-28-264, 1997-98, 1998-99, and 1999-2000 Official Hunting Hours and Small Game Seasons. This amendment would specify the 1998-99 and 1999-2000 goose hunting hours for Grays Harbor County, standardize shooting hours for the late goose season, restrict small game seasons on the Shillapoo Wildlife Area, and open portions of the Shillapoo/Vancouver Lake Wildlife Area to year around dog training. This

amendment would also establish the dates for the 1998 youth pheasant and quail seasons.

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

However, some of the oral testimony received on the proposed 1998-99 migratory waterfowl seasons also pertains to this proposed rule amendment.

Commissioner Cahill moved, seconded by Commissioner White, to adopt the permanent amendment to WAC 232-28-264, 1997-98, 1998-99, and 1999-2000 Official Hunting Hours and Small Game Seasons, as filed with the Code Reviser's Office and amended by staff.

Commissioner White moved, seconded by Commissioner Heinicke, to amend the motion to modify the 1998 Canada Goose September season to read as follows: "Statewide, September 8-14, 1998, except closed in that area of Quilcene Bay lying north and east of Quilcene Boat Haven. The motion to amend the motion carried unanimously. (Commissioner Lydig was absent during discussion and vote on the motion.)

This one-year closure was meant as a stop-gap measure to allow time for Quilcene Bay homeowners concerned about hunting too close to their residences to work out a permanent solution with the Department and county officials.

The motion, as amended, carried unanimously. (Commissioner Lydig was absent during discussion and vote on the motion.)

AMENDMENT TO SHOTGUN SHELL RESTRICTIONS:

Rocky Beach and Don Kraege presented the Department's recommendation of adoption of permanent amendments to the following rules:

- WAC 232-12-068, Nontoxic Shot Requirement for Waterfowl, Coot, and Snipe Hunting: This amendment would add tungsten-polymer shot to the existing allowable types of nontoxic shot pellets for waterfowl, coot, and snipe hunting.
- WAC 232-16-770, Skagit Wildlife Area Shotgun Shell Restriction: This amendment would add the Spencer Island Unit of the Snoqualmie Wildlife Area in Snohomish County and the Welts Unit of the Skagit Wildlife Area in Skagit County to the 15 shell restriction for hunters using the areas.

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

Commissioner McGlenn moved, seconded by Commissioner White, to adopt the permanent amendments to the following rules:

- WAC 232-12-068, Nontoxic Shot Requirements for Waterfowl, Coot, and Snipe Hunting
- WAC 232-16-770, Skagit Wildlife Area Shotgun Shell Restriction.

The motion carried unanimously. (Commissioner Lydig was absent during discussion and vote on the motion.)

TRANSITION LICENSE:

Betty Buckley and Brian Edie briefed the Commission on the risks and benefits of using a three-month license to bridge the gap to the new licensing year. This choice is an alternative to using a 15-month license structure. The Commission was asked to consider approval of the Department's strategy to implement a three-month license and temporarily adjust limits for sturgeon and steelhead for the transition to the new license year.

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

Commissioner White moved, seconded by Commissioner Cahill, to request that the Department begin the rule-making process for establishment of a three-month license and associated changes to the annual limits for sturgeon and steelhead; and establish an October 27, 1998 Commission meeting in Olympia to consider adoption of these rules. The motion carried unanimously. (Commissioner Lydig was absent during discussion and vote on the motion.)

The Commission reviewed the notes from the July 10-11, 1998 Commission work session and identified areas requiring further discussion or action.

Chair Pelly adjourned the regular meeting at 4:00 p.m. The Commission immediately went into Executive Session to discuss personnel issues. Chair Pelly adjourned the Executive Session at 4:10 p.m.

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

Commissioners in Attendance:
Lisa Pelly, Chair
Kelly White, Vice Chair
Russ Cahill
Don Heinicke
Dean Lydig
John McGlenn
Will Roehl
Bob Tuck

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