Washington Department of Fish and Wildlife Meeting Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
MEETING
August 10-12, 2000

Best Western Southcenter
15901 West Valley Road
Tukwila, Washington

ATTENDANCE:
Commission Public (Cont.)
Kelly White, Chairman Geoff Hirschi, WA Falconers Assn.
Russ Cahill, Vice Chairman Bart Gallart
Don Heinicke Jim Owens, WA BASS & CAST for Kids
Lisa Pelly Don Walker
Dawn Reynolds Jim Hearn
Will Roehl Dick Colman
Fred Shiosaki Paul Sullivan
Bob Tuck Maynard Axelson
Van Van Gytenbeek Tom Kelley, WDCFA
Amy MacKenzie, Attorney General's Office
Commission Staff: Ray Frederick, Kitsap Poggie Club
Debbie Nelson Steve Joner, Makah Tribe
Roger Reynolds
Department Keith Lutz, Northwest Indian Fisheries Commission
Jeff Koenings, Director Ed Schaplow
Larry Peck, Deputy Director Lee Mann
Bob Gibbons Rob Costello, Attorney General's Office
Greg Bargmann Thane Tienson
Bruce Crawford Dick Fournier
Jeff Tayer Mary Ann Fournier
John Garrett Greg Rust, ARCO
Steve Keller Alison Studley, Skagit fisheries Enhancement Group
Jay Odell David Beatty, Skagit Fisheries Enhancement Group
John Broome Kent Lauderholm, Lewis River Ranch
Don Gatlin Robert Anderson, MPSFEG
Bruce Bjork Lisa Wathne, Humane Society of the U.S.
Laurie Macrae Stephanie Hillman, PAWS
Tim Smith Terry Wright, Northwest Indian Fisheries Commission
Nina Carter Art Starry, Thurston County
Craig Bartlett Bobbie Thorniley, Hunters Heritage Cncl., WSTA
Tim Waters Tony Cebe
Don Kraege Mark Kopf, Puget Sound Anglers
Dave Ware Al Adams, Hood Canal Salmon Enhancement Group
Jo Wadsworth John Munn, Washington State University
Steve Pozzanghera Dennis freed
Morris Barker Bob Oke, Senator
Bob Schafer Greg Mottis
Pam Meacham Brad Wood
Mary Lou Mills Roger Barney, WA State Trappers Assn
Tom Keegan Mark Wagner
Harvey Childs Clifford Kellogg
Lee Stream Brian Kellogg
Donny Martorello Gene Toikka, WA Falconers Assn.
Scott Smith John Sewell, WA State Hound Council
Phil Anderson Jesse Scott, Evergreen Fly Fishing Club
Jack Tagart LeRoy Millard, Renton Fish & Game Club/Hi-Line Sportsmens Club
Other Department staff Sharie Stoican, Puget Sound Anglers
Ben Welton
Public Dwight Eager, CRCFA
Steve Gray Polly Fischer, Puget Sound Anglers/SFEG
Ed Owens Willie O'Neil, AGC of Washington
Fran Frederick, Kitsap Poggie Club Ron Schultz, National Audubon Society
Bruce Wishart, People for Puget Sound Larry Ray
Larry Thevik, WA Dungeness Crab Fish Assn. Dan Pike, WA Falconers Assn.
Mitch Johnson Georg Sovie, WA State Trappers Assn.
Larry Tilford Marie Toikka, WA Falconers Assn.
Bob Johnson, Trout Unlimited Tom Boulton
Eileen Palmer, Hood Canal Salmon Enhancement GroupChuck Bailey, Wa State Trappers Assn.
Martha Jordan, Trumpeter Swan Society

THURSDAY, AUGUST 10:

Chairman White called the meeting to order at 1:00 p.m.

COMMISSIONERS' DISCUSSION:

Commissioners discussed recent activities and items of general interest and provided status reports on Commission committees.

Commissioner Roehl requested the Department verify the accuracy of the Department's response (from Evan Jacoby, dated August 3) to Jim Jenkins regarding landing of legally caught fish in Canada.

DIRECTOR'S REPORT:

Director Koenings reviewed significant Department issues and activities.

YOUTH SPORT FISHING PROGRAM PLAN:

Bob Gibbons presented the Department's recommendation of approval of the Youth Sport Fishing Program Plan to enhance youth participation in fishing.

Two individuals provided oral testimony on the Youth Sport Fishing Program Plan during the meeting.

Commissioner Van Gytenbeek moved, seconded by Commissioner Pelly, to approve the Youth Sport Fishing Program Plan, with the understanding that the Commission will consider the fiscal components of the Plan when reviewing the Department's proposed 2001-03 Operating Budget. The motion carried unanimously.

PUGET SOUND ROCKFISH--NONRETENTION -- BRIEFING:

Greg Bargmann briefed the Commission on the advisability, feasibility, and impacts of closing all rockfish harvest in Puget Sound.

The Department will review the management plan for Puget Sound bottomfish and meet with its federal counterparts to determine appropriate action for presentation to the Commission at a later date.

POTENTIAL REBATE TO ANNUAL LICENSE HOLDERS FROM FISHING
CLOSURES -- BRIEFING:

Bruce Crawford briefed the Commission on the suggested direction related to license rebates when commercial fishery seasons are closed.

The Department's request legislation package includes a proposal to establish a commercial fishing license purchase deadline that would provide a mechanism where commercial fishers can opt not to fish during a year when opportunity is poor, and pay only a surcharge rather than the full license fee. This proposed legislation would extend the time allowed for fishers to decide whether to fish or not to fish.

HANFORD RESERVATION ELK POPULATION -- BRIEFING:

Jeff Tayer, Lee Stream, and Bob Schafer presented the Commission with an overview of the fire that occurred on the Hanford Reservation and surrounding area in June and proposed solutions to the potential problems that will be caused by elk due to the loss of suitable habitat.

MOTORIZED WATERFOWL DECOYS -- BRIEFING:

Don Kraege briefed the Commission on the use of motorized waterfowl decoys, commonly called "roboduck" or motoduck." The Department will work with the Wildlife Committee to develop a rule proposal on the use of motorized decoys for Commission consideration of adoption prior to the 2001-02 migratory waterfowl season.

Commissioner Pelly suggested the waterfowl pamphlet include an announcement that prior to the 2001-02 waterfowl season, the Commission will be evaluating the use of motorized decoys.

Commissioner Tuck requested that the Commission be notified if/when another state prohibits the use of motorized decoys.

TIME LINE FOR EVALUATING NONTOXIC SHOT RESTRICTIONS:

Don Kraege presented the Department's recommendation of approval of the time line for evaluating the use of nontoxic shot for all hunting.

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to request that the Department review applicable literature on impacts of lead shot to wildlife other than migratory birds and contact other states where nontoxic shot is required for all hunting and any other sources of information that might be available. The Department shall take no further action until it presents its findings to the Commission; the Commission will then determine if any further action is necessary. The motion carried unanimously.

The Department agreed to report its findings on the literature review by the end of the year.

The Commission requested an Attorney General's opinion on whether or not the Commission has authority to regulate the use of lead shot at trap skeet shoots.

UPDATE ON COUGAR REMOVAL WITH THE AID OF DOGS:

Bruce Bjork, John Broome, and Donny Martorello presented an update on rule and criteria development for cougar removal for public safety with the aid of dogs. This was for discussion purposes only. Public input on and Commission consideration of adoption of the final rule proposal(s) will occur at the September 16, 2000 meeting in Wenatchee.

REGIONAL FISHERIES ENHANCEMENT GROUP (RFEG) PROGRAM/TEMPORARY DELEGATION OF AUTHORITY:

Tim Smith, Nina Carter, and Terry Wright briefed the Commission on the current structure of the RFEG Program, a request from the Tri-State Steelhead Association that another RFEG be created in Eastern Washington, and funding for RFEGs. Nina presented the Department's recommendation that the Commission delegate rule-making authority to the Director to amend WAC 220-140-020, Geographical Regional Fisheries Enhancement Groups, to update boundaries on existing RFEGs and to establish boundaries for a 13th RFEG in the Snake River Watershed area of Eastern Washington and a 14th RFEG in Eastern Washington (if needed).

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

Commissioner Roehl moved, seconded by Commissioner Cahill, to delegate rule-making authority to the Director to amend WAC 220-140-020 on a one-time basis to allow the Director to create a 13th RFEG in the Snake River Watershed in Eastern Washington and a 14th RFEG to be located in Eastern Washington, with the understanding that the Commission has been encouraged that there is a very high likelihood of funding and that the Commission is concerned about decreasing existing funding levels to the current 12 RFEGs. The motion carried unanimously.

OPEN PUBLIC INPUT:

Three individuals provided oral testimony on issues of concern.

Chairman White recessed the meeting at 6:45 p.m.

FRIDAY, AUGUST 11:

Chairman White called the meeting back to order at 9:01 a.m.

OPEN PUBLIC INPUT:

One individual provided oral testimony on issues of concern.

CITIZEN AWARDS:

Director Koenings and Chairman White presented the Department's Citizen Awards to the following:

- Lewis River Ranch: 1997 Landowner of the Year
- John Munn: 1997 Educator of the Year
- Skagit Fisheries Enhancement Group: 1997 Organization of the Year
- Dick Fournier: 1997 Volunteer of the Year
- Ed Schaplow: 1998 Volunteer of the Year
- Hood Canal Salmon Enhancement Group: 1999 Organization of the Year
- Larry Lufkin: 1999 Volunteer of the Year
- ARCO: 1999 Landowner of the Year

PUGET SOUND RECREATIONAL SOFTSHELL CRAB MANAGEMENT--PARADIGM
SHIFT -- BRIEFING
:

Morris Barker and Jay Odell briefed the Commission on a softshell crab harvest management issue. The Puget Sound crab fishery has increased significantly, which has resulted in higher mortality of female, softshell, and sub-legal male crab during fishing. At present, crab fishing by pot gear during molt cycles is closed. However, non-tribal recreational fisheries during these periods use ring nets, star traps, and hand-capture methods, while the tribes have chosen to not harvest during the pot closure. If the tribes choose to fish with ring nets, etc., during pot closures, there will be a further net loss of production.

AMENDMENTS TO COMMERCIAL BOTTOMFISH GEAR RULES:

Morris Barker presented the Department's recommendation of adoption of permanent amendments to the following rules:

- WAC 220-48-011, Beam Trawl and Otter Trawl--Gear;
- WAC 220-48-019, Roller Trawl--Seasons;
- WAC 220-52-050, Ocean Pink Shrimp Trawl Fishery--Coastal Waters; and
- WAC 220-52-068, Scallop Fishery--Coastal Waters.

These amendments would prohibit the use of roller gear for trawling in state waters east of Cape Flattery and west of the Sekiu River and prohibit trawling for ocean pink shrimp and scallop in the zero to three-mile area of coastal offshore waters.

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

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt permanent amendments to the following rules:

- WAC 220-48-011, Beam Trawl and Otter Trawl--Gear;
- WAC 220-48-019, Roller Trawl--Seasons;
- WAC 220-52-050, Ocean Pink Shrimp Trawl Fishery--Coastal Waters; and
- WAC 220-52-068, Scallop Fishery--Coastal Waters.

The motion carried unanimously.

AMENDMENT TO SCALLOP TRAWL LICENSE DESIGNATION:

Morris Barker presented the Department's recommendation of adoption of a permanent amendment to WAC 220-52-069, Scallop Fishery--Puget Sound, to change the license designation for the scallop trawl fishery.

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

Commissioner Pelly moved, seconded by Commissioner Heinicke, to adopt the permanent amendment to WAC 220-52-069, Scallop Fishery--Puget Sound. The motion carried unanimously.

AMENDMENTS TO COASTAL SPOT SHRIMP FISHERY RULES:

Morris Barker presented the Department's recommendation of adoption of permanent amendments to the following rules to reflect proposed housekeeping, sub-area catch quota, and trawl season changes:

- WAC 220-88B-030, Emerging Commercial Fishery--Eligibility for Coastal Experimental Fishery Permits--Terms and Conditions of Use--Renewal;
- WAC 220-88B-040, Coastal Spot Shrimp Pot Experimental Fishery--Season and Gear--Species Restriction; and
- WAC 220-88B-050, Coastal Spot Shrimp Trawl Experimental Fishery--Season and Gear--Trawl Gear Restriction-Pot Gear Restriction--Species Restriction.

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

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt permanent amendments to the following rules:

- WAC 220-88B-030, Emerging Commercial Fishery--Eligibility for Coastal Experimental Fishery Permits--Terms and Conditions of Use--Renewal;
- WAC 220-88B-040, Coastal Spot Shrimp Pot Experimental Fishery--Season and Gear--Species Restriction; and
- WAC 220-88B-050, Coastal Spot Shrimp Trawl Experimental Fishery--Season and Gear--Trawl Gear Restriction-Pot Gear Restriction--Species Restriction.

The motion carried unanimously.

AMENDMENTS TO CONSERVATION AREAS AND MARINE PRESERVES DESIGNATIONS:

Mary Lou Mills presented the Department's recommendation of adoption of permanent amendments to the following rules:

- WAC 220-16-590, Orchards Rocks Conservation Area;
- WAC 220-16-740, Waketickeh Creek Marine Reserve;
- WAC 220-16-750, Saltar's Point Beach Marine Reserve;
- WAC 220-20-015, Lawful and Unlawful Acts--Salmon;
- WAC 220-20-020, General Provisions--Lawful and Unlawful Acts--Food Fish Other Than Salmon;
- WAC 220-20-025, General Provisions--Shellfish; and
- WAC 232-12-011, Wildlife Classified as Protected Shall Not Be Hunted or Fished.

These amendments would adjust the boundaries of Orchard Rocks Conservation Area, change Waketickeh Creek and Saltar's Point Beach marine reserves to conservation areas, and establish fishing regulations for Colvos Passage Marine Preserve.

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

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt permanent amendments to the following rules:

- WAC 220-16-590, Orchards Rocks Conservation Area;
- WAC 220-16-740, Waketickeh Creek Conservation Area;
- WAC 220-16-750, Saltar's Point Beach Conservation Area;
- WAC 220-20-015, Lawful and Unlawful Acts--Salmon;
- WAC 220-20-020, General Provisions--Lawful and Unlawful Acts--Food Fish Other Than Salmon;
- WAC 220-20-025, General Provisions--Shellfish; and
- WAC 232-12-011, Wildlife Classified as Protected Shall Not Be Hunted or Fished.

The motion carried unanimously.

ADOPTION OF BALLAST WATER MANAGEMENT, REPORTING, AND SAMPLING RULES:

Pam Meacham presented the Department's final recommendation of adoption of WAC 220-77-090, Ballast Water Management and Control--Reporting and Sampling Requirements, to regulate the discharge of ballast water to minimize the risk of introducing new destructive nonindigenous species into Washington waters.

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

Commissioner Pelly moved, seconded by Commissioner Heinicke, to adopt WAC 220-77-090, Ballast Water Management and Control--Reporting and Sampling Requirements, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

During lunch, the Commission met in Executive Session to discuss current and/or potential litigation.

ADOPTION OF REVISED POLICY GUIDELINES FOR
PACIFIC FISHERY MANAGEMENT COUNCIL REPRESENTATION:

Phil Anderson presented the Department's recommendation of adoption of the draft revised Policy Guidelines for Pacific Fishery Management Council Representation.

No oral testimony on the proposed revised policy was received during the meeting.

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to adopt the revised Policy Guidelines for Pacific Fishery Management Council Representation. The motion carried unanimously.

ADOPTION OF MARINE FISH CULTURE POLICY:

Phil Anderson and Jack Tagart presented the Department's recommendation of adoption of the Marine Fish Culture Policy.

Three individuals provided oral testimony on the proposed policy during the meeting.

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to adopt the Marine Fish Culture Policy. The motion carried unanimously.

AMENDMENTS TO COASTAL DUNGENESS CRAB COMMERCIAL FISHERY RULES:

Phil Anderson presented the Department's final recommendation of adoption of permanent amendments to the following rules to implement the Even Flow Harvest Management Plan:

- 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.

Six individuals provided oral testimony on the proposed rule amendments during the meeting.

As a result of staff bringing forward one additional proposed amendment, public input was reopened. No public input on that additional amendment was received during the meeting.

Commissioner Tuck moved, seconded by Commissioner Pelly, to adopt 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; and
- WAC 220-52-043, Commercial Crab Fishery--Additional Gear and License Use Requirements;

with an additional amendment to WAC 220-52-040, Section (14) (b)(i), to strike the proposed language and insert the following: "The three "qualifying coastal Dungeness crab seasons" are from December 1, 1996, through September 15, 1997; from December 1, 1997, through September 15, 1998; and from December 1, 1998, through September 15, 1999. Of the three qualifying seasons, the one with the most poundage of Dungeness crab landed on a license shall determine the crab pot limit for that license. A crab pot limit of 300 shall be assigned to a license with landings that total from zero to 35,999 pounds, and a crab pot limit of 500 shall be assigned to a license with landings that total 36,000 pounds or more." The motion failed.

Commissioner Cahill moved, seconded by Commissioner Pelly, to reconsider the vote. The motion carried unanimously.

The motion carried. Chairman White requested the record reflect that Commissioners Heinicke, Reynolds, and White opposed the motion to adopt the proposed amendments with the additional amendment language.

DERELICT NETS -- BRIEFING:

Gary Graves and Keith Lutz from the Northwest Indian Fisheries Commission briefed the Commission on the latest joint efforts between the NWIFC and commercial fishing industry on dealing with derelict nets.

ESTABLISHMENT OF 2000-01 MIGRATORY WATERFOWL SEASONS/REPEAL OF MISCELLANEOUS RULES:

Don Kraege presented the Department's final recommendation of adoption of WAC 232-28-424, 2000-2001, Migratory Waterfowl Seasons and Regulations; and repeal of the following rules to eliminate outdated and conflicting regulations: WAC 232-28-423, 1999-2000 Migratory Waterfowl Seasons and Regulations; and WAC 232-28-264, 1998-99 and 1999-2000 Official Hunting Hours and Small Game Seasons. Repeal of WAC 232-28-264 should be effective immediately upon filing with the Code Reviser's Office to avoid contradictions with existing regulations.

Two individuals provided oral testimony on the rule proposal during the meeting. No oral testimony on the proposed repeals was received during the meeting.

Commissioner Pelly moved, seconded by Commissioner Shiosaki, to:

- Adopt WAC 232-28-424, 2000-2001 Migratory Waterfowl Seasons and Regulations, as filed with the Code Reviser's Office and amended by staff;
- Repeal WAC 232-28-423, 1999-2000 Migratory Waterfowl Seasons and Regulations; and
- Repeal WAC 232-28-264, 1998-99 and 1999-2000 Official Hunting Hours and Small Game Seasons.

Repeal of WAC 232-28-264 is to be effective upon filing. The motion carried unanimously.

OPEN PUBLIC INPUT:

Two individuals provided oral testimony on issues of concern.

Chairman White recessed the meeting at 6:15 p.m.

SATURDAY, AUGUST 12:

Chairman White called the meeting back to order at 8:30 a.m.

ADOPTION OF RULES FOR CONDUCTING BUYBACK OF COASTAL COMMERCIAL SALMON LICENSES:

Bruce Crawford presented the Department's recommendation of adoption of permanent amendments to the following rules for the 2000-01 coastal commercial salmon license buyback:

- WAC 220-95-013, 1998 Salmon License Buy-back Program Established--Fund Allocation--Expiration;
- WAC 220-95-018, Program Eligibility;
- WAC 220-95-022, Program Application; and
- WAC 220-95-032, Offer Acceptance--Acknowledgment--Retirement of Licenses.

This action is necessary for the retirement of excess commercial salmon licenses and to provide some economic relief for those who hold these licenses.

One individual provided oral testimony on the rule proposal during the meeting.

Commissioner Cahill moved, seconded by Commissioner Van Gytenbeek, to adopt permanent amendments to the following rules:

- WAC 220-95-013, 2000 Coastal Salmon License Buy-back Program Established--Fund Allocation--Expiration;
- WAC 220-95-018, Program Eligibility;
- WAC 220-95-022, Program Application; and
- WAC 220-95-032, Offer Acceptance--Acknowledgment--Retirement of Licenses.

The motion carried unanimously.

Bruce Crawford explained that because the September 1, 2000 application deadline date will occur prior to the date these permanent amendments become effective, the Director will be asked at a later date to also adopt these rules on an emergency basis.

ADOPTION OF PROVISIONS FOR ACCIDENTAL TAKE BY FALCONERS:

Tom Keegan presented the Department's final recommendation of adoption of WAC 232-12-106, Provisions for Accidental Take by Falconers. This rule would provide reasonable protection for falconers whose birds accidentally kill species for which there is no open season while maintaining restrictions for species of special concern and requiring falconers to report information about some species. This rule would also give the Director authority to develop a supplemental list of species for which specific reporting is required.

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

To provide further protection of the species identified on the Washington Candidate species list (for endangered, threatened, or sensitive status), Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to adopt WAC 232-12-106, Provisions for Accidental Take by Falconers, as filed with the Code Reviser's Office and amended by staff, with an amendment to strike the existing language in Section (3) and replace with the following: "Following an accidental kill by any falconer of any species designated under (2) above, the falconer shall cease hunting for the day." The motion failed.

Commissioner Pelly moved, seconded by Commissioner Cahill, to adopt WAC 232-12-106, Provisions for Accidental Take by Falconers, as filed with the Code Reviser's Office and amended by staff.

Commissioner Shiosaki moved to amend the motion to modify Section (3) and add the following language: "...and one accidental kill for the day." The motion to amend the motion died due to lack of a second.

Commissioner Shiosaki moved, seconded by Commissioner Heinicke, to amend the motion to add the following language to Section (3): "Following an accidental kill by any falconer of any species designated under (2) above, the falconer shall cease hunting for the day." The motion to amend the motion carried unanimously.

Commissioner Tuck moved, seconded by Commissioner Heinicke, to amend the motion to amend Section (3) and strike "three individuals" and replace with "five individuals." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

(See Miscellaneous and Meeting Debrief, page 13, for a Commission request for Department action regarding the 2000 falconry season.)

AMENDMENT TO WILD ANIMAL TRAPPING RULES/ESTABLISHMENT
OF 2000-2002 TRAPPING SEASONS:

Tom Keegan presented the Department's final recommendation of adoption of permanent amendments to the following rules:

-WAC 232-12-141, Wild Animal Trapping: This amendment would reduce the amount of time that animals can remain in restraining traps from 48 hours to 24 hours statewide; and
-WAC 232-28-515, Trapping Seasons and Regulations: This amendment would establish the 2000-2002 trapping seasons.

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

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

- WAC 232-12-141, Wild Animal Trapping
- WAC 232-28-515, Trapping Seasons and Regulations.

Commissioner Heinicke moved, seconded by Commissioner Roehl, to amend the motion to extend the general eastern Washington trapping seasons for beaver, mink, muskrat, raccoon, and river otter to March 15, 2001, 2002, and 2003. The motion to amend the motion failed.

The motion carried unanimously.

OPEN PUBLIC INPUT:

No individuals provided oral testimony on issues of concern.

MISCELLANEOUS AND MEETING DEBRIEF:

Commissioner Van Gytenbeek moved, seconded by Commissioner Reynolds, to request that the Department present a future briefing on Department policies on removal of problem wildlife, specifically animals and birds other than bear and cougar. The motion carried.

Commissioner Van Gytenbeek moved, seconded by Commissioner Tuck, to request that the Department conduct a survey of other western states to see if they would take our excess Canada geese in western Washington and to pursue additional hunting opportunities in those areas with an overpopulation of Canada geese. The motion was withdrawn.

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to request that the Department brief the Commission on current Department policies that dictate use of herbicides, fertilizers, and pesticides on Department-owned and -leased lands. The motion carried unanimously.

Commissioner Reynolds moved, seconded by Commissioner Cahill, to request that the Department brief the Commission on the extent of spraying in oyster beds in Willapa Bay, specifically what is being sprayed, how much, when, and what potential or real harm to salmonids. The motion carried unanimously.

Commissioner Tuck moved, seconded by Commissioner Heinicke, to request that the Department brief the Commission on the results of the data collected on accidental take by falconers during the 2000 falconry season. The motion carried unanimously.

Commissioner Cahill moved, seconded by Commissioner Pelly, to request that the Deputy Director let the Commission know if the Department should reimburse Sue Murphy $2,500 for necropsies done on trumpeter swans. The motion carried unanimously.

Chairman White moved, seconded by Commissioner Tuck, to request that the Department reopen the EIS on elk to reexamine the areas that we have identified as not wanting elk herds to grow in, reexamine the biological need for the bull cow ratios identified in the current EIS, and reexamine the biological justification for season restrictions. The motion carried unanimously.

Commissioner Tuck moved, seconded by Commissioner Pelly, to request that the Department review existing laws on wildlife damage claims and procedures, particularly on deer and elk, and determine if these laws need to be modified. The motion carried unanimously.

The Commission took no action to establish a Commission request that the Department determine whether the common loon should be listed as threatened and to gather accurate data on the numbers, etc. But the Commission encouraged staff to make contacts with the wildlife groups.

DEPARTMENT 2001-03 OPERATING BUDGET:

Deputy Director Peck, Jim Lux, Sara LaBorde, and Tim Smith presented the Department's proposed 2001-03 Operating Budget.

Two individuals provided oral testimony on the proposed Operating Budget during the meeting.

To allow time for Department staff to modify the proposal and Commission to review it, Commissioner Tuck moved, seconded by Commissioner Reynolds, to table consideration of approval of the Department's proposed 2001-03 Operating Budget until the August 22, 2000 meeting. The motion carried unanimously.

DEPARTMENT 2001-03 CAPITAL BUDGET:

Harvey Childs presented the Department's proposed 2001-03 Capital Budget.

One individual provided oral testimony on the proposed Capital Budget during the meeting.

To allow time for Department staff to modify the proposal and Commission to review it, Commissioner Cahill moved, seconded by Commissioner Tuck, to table consideration of approval of the Department's proposed 2001-03 Capital Budget until the August 22, 2000 meeting. The motion carried unanimously.

DEPARTMENT 2001 REQUEST LEGISLATION:

Tim Smith presented the Department's proposed 2001 Request Legislation.

One individual provided oral testimony on the proposed Request Legislation during the meeting.

To allow time for Department staff to modify the proposal and Commission to review it, Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to table consideration of approval of the Department's proposed 2001 Request Legislation until the August 22, 2000 meeting. The motion carried unanimously.

Chairman White adjourned the meeting at 4:50 p.m.



MEMOS AND AUTHORITIES FROM THE AUGUST 10-12, 2000
FISH AND WILDLIFE COMMISSION MEETING, WENATCHEE



Approval of Youth Sport Fishing Program Plan - Motion by Van Gytenbeek, second by Pelly, to approve the Youth Sport Fishing Program Plan, with the understanding that the Commission will consider the fiscal components of the Plan when reviewing the Department's proposed 2001-03 Operating Budget. The motion carried unanimously.
Time line for Evaluating Nontoxic Shot Restrictions - Motion by Roehl, second by Van Gytenbeek, to request that the Department review applicable literature on impacts of lead shot to wildlife other than migratory birds and contact other states where nontoxic shot is required for all hunting and any other sources of information that might be available. The Department shall take no further action until it presents its findings to the Commission; the Commission will then determine if any further action is necessary. The motion carried unanimously.
Establishment of Boundaries for Additional RFEGs - Temp. Delegation of Authority - Motion by Roehl, second by Cahill, to delegate rule-making authority to the Director to amend WAC 220-140-020 on a one-time basis to allow the Director to create a 13th RFEG in the Snake River Watershed in Eastern Washington and a 14th RFEG to be located in Eastern Washington, with the understanding that the Commission has been encouraged that there is a very high likelihood of funding and that the Commission is concerned about decreasing existing funding levels to the current 12 RFEGs. The motion carried unanimously.
Amendments to Commercial Bottomfish Gear Rules

-Motion by Cahill, second by Tuck, to adopt permanent amendments to the following rules:

-- WAC 220-48-011, Beam Trawl and Otter Trawl--Gear;
-- WAC 220-48-019, Roller Trawl--Seasons;
-- WAC 220-52-050, Ocean Pink Shrimp Trawl Fishery--Coastal Waters; and
-- WAC 220-52-068, Scallop Fishery--Coastal Waters.

The motion carried unanimously.

Amendment to Scallop Trawl License Disignation

- Motion by Pelly, second by Heinicke, to adopt the permanent amendment to WAC 220-52-069, Scallop Fishery--Puget Sound. The motion carried unanimously.

Amendments to Coastal Spot Shrimp Fishery Rules

- Motion by Cahill, second by Tuck, to adopt permanent amendments to the following rules:

-- WAC 220-88B-030, Emerging Commercial Fishery--Eligibility for Coastal Experimental Fishery Permits--Terms and Conditions of Use--Renewal;
-- WAC 220-88B-040, Coastal Spot Shrimp Pot Experimental Fishery--Season and Gear--Species Restriction; and
-- WAC 220-88B-050, Coastal Spot Shrimp Trawl Experimental Fishery--Season and Gear--Trawl Gear Restriction-Pot Gear Restriction--Species Restriction.

The motion carried unanimously.

Amendments to Conservation Areas and Marine Preserves Designations

- Motion by Cahill, second by Tuck, to adopt permanent amendments to the following rules:

-- WAC 220-16-590, Orchards Rocks Conservation Area;
-- WAC 220-16-740, Waketickeh Creek Conservation Area;
-- WAC 220-16-750, Saltar's Point Beach Conservation Area;
-- WAC 220-20-015, Lawful and Unlawful Acts--Salmon;
-- WAC 220-20-020, General Provisions--Lawful and Unlawful Acts--Food Fish Other Than Salmon;
-- WAC 220-20-025, General Provisions--Shellfish; and
-- WAC 232-12-011, Wildlife Classified as Protected Shall Not Be Hunted or Fished.

The motion carried unanimously.

Adoption of Ballast Water Mgmt., Reporting, and Sampling Rules

- Motion by Pelly, second by Heinicke, to adopt WAC 220-77-090, Ballast Water Management and Control--Reporting and Sampling Requirements, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

Adoption of Revised Policy Guidelines for Pacific Fishery Management Council Representation

- Motion by Pelly, second by Van Gytenbeek, to adopt the revised Policy Guidelines for Pacific Fishery Management Council Representation. The motion carried unanimously.

Adoption of Marine Fish Culture Policy

- Motion by Roehl, second by Van Gytenbeek, to adopt the Marine Fish Culture Policy. The motion carried unanimously.

Amendments to Coastal Dungeness Crab Commercial Fishery Rules

- Motion by Tuck, second by Pelly, to adopt 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; and
-- WAC 220-52-043, Commercial Crab Fishery--Additional Gear and License Use Requirements;

with an additional amendment to WAC 220-52-040, Section (14)(b)(i), to strike the proposed language and insert the following: "The three "qualifying coastal Dungeness crab seasons" are from December 1, 1996, through September 15, 1997; from December 1, 1997, through September 15, 1998; and from December 1, 1998, through September 15, 1999. Of the three qualifying seasons, the one with the most poundage of Dungeness crab landed on a license shall determine the crab pot limit for that license. A crab pot limit of 300 shall be assigned to a license with landings that total from zero to 35,999 pounds, and a crab pot limit of 500 shall be assigned to a license with landings that total 36,000 pounds or more." The motion failed.

- Motion by Cahill, second by Pelly, to reconsider the vote. The motion carried unanimously.

The motion carried.

Establishment of 2000-01 Migratory Waterfowl Seasons/Repeal of Misc. Rules

- Motion by Pelly, second by Shiosaki, to:

-- Adopt WAC 232-28-424, 2000-2001 Migratory Waterfowl Seasons and Regulations, as filed with the Code Reviser's Office and amended by staff;
-- Repeal WAC 232-28-423, 1999-2000 Migratory Waterfowl Seasons and Regulations; and
-- Repeal WAC 232-28-264, 1998-99 and 1999-2000 Official Hunting Hours and Small Game Seasons.

Repeal of WAC 232-28-264 is to be effective upon filing. The motion carried unanimously.

Adoption of Rules for Conducting Buyback of Coastal Commercial Salmon Licenses

- Motion by Cahill second by Van Gytenbeek, to adopt permanent amendments to the following rules:

-- WAC 220-95-013, 2000 Coastal Salmon License Buy-back Program Established--Fund Allocation--Expiration;

-- WAC 220-95-018, Program Eligibility;
-- WAC 220-95-022, Program Application; and
-- WAC 220-95-032, Offer Acceptance--Acknowledgment--Retirement of Licenses.

The motion carried unanimously.

Adoption of Provisions for Accidental Take by Falconers

- Motion by Roehl, second by Van Gytenbeek, to adopt WAC 232-12-106, Provisions for Accidental Take by Falconers, as filed with the Code Reviser's Office and amended by staff, with an amendment to strike the existing language in Section (3) and replace with the following: "Following an accidental kill by any falconer of any species designated under (2) above, the falconer shall cease hunting for the day." The motion failed.

- Motion by Pelly, second by Cahill, to adopt WAC 232-12-106, Provisions for Accidental Take by Falconers, as filed with the Code Reviser's Office and amended by staff.

Motion by Shiosaki to amend the motion to modify Section (3) and add the following language: "...and one accidental kill for the day." The motion to amend the motion died due to lack of a second.

Motion by Shiosaki, second by Heinicke, to amend the motion to add the following language to Section (3): "Following an accidental kill by any falconer of any species designated under (2) above, the falconer shall cease hunting for the day." The motion to amend the motion carried unanimously.

Motion by Tuck, second by Heinicke, to amend the motion to amend Section (3) and strike "three individuals" and replace with "five individuals." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

Amendment to Wild Animal Trapping Rules/Establishment of 2000-02 Trapping Seasons

- Motion by Cahill, second by Pelly, to adopt permanent amendments to the following rules, as filed with the Code Reviser's Office and amended by staff:

-- WAC 232-12-141, Wild Animal Trapping
-- WAC 232-28-515, Trapping Seasons and Regulations.

Motion by Heinicke, second by Roehl, to amend the motion to extend the general eastern Washington trapping seasons for beaver, mink, muskrat, raccoon, and river otter to March 15, 2001, 2002, and 2003. The motion to amend the motion failed.

The motion carried unanimously.

Commission Requests

- Motion by Van Gytenbeek, second by Reynolds, to request that the Department present a future briefing on Department policies on removal of problem wildlife, specifically animals and birds other than bear and cougar. The motion carried.

- Motion by Van Gytenbeek, second by Tuck, to request that the Department conduct a survey of other western states to see if they would take our excess Canada geese in western Washington and to pursue additional hunting opportunities in those areas with an overpopulation of Canada geese. The motion was withdrawn.

- Motion by Pelly, second by Van Gytenbeek, to request that the Department brief the Commission on current Department policies that dictate use of herbicides, fertilizers, and pesticides on Department-owned and -leased lands. The motion carried unanimously.

- Motion by Reynolds, second by Cahill, to request that the Department brief the Commission on the extent of spraying in oyster beds in Willapa Bay, specifically what is being sprayed, how much, when, and what potential or real harm to salmonids. The motion carried unanimously.

- Motion by Tuck, second by Heinicke, to request that the Department brief the Commission on the results of the data collected on accidental take by falconers during the 2000 falconry season. The motion carried unanimously.

- Motion by Cahill, second by Pelly, to request that the Deputy Director let the Commission know if the Department should reimburse Sue Murphy $2,500 for necropsies done on trumpeter swans. The motion carried unanimously.

- Motion by White, second by Tuck, to request that the Department reopen the EIS on elk to reexamine the areas that we have identified as not wanting elk herds to grow in, reexamine the biological need for the bull cow ratios identified in the current EIS, and reexamine the biological justification for season restrictions. The motion carried unanimously.

- Motion by Tuck second by Pelly, to request that the Department review existing laws on wildlife damage claims and procedures, particularly on deer and elk, and determine if these laws need to be modified. The motion carried unanimously.

Approval of Department's Proposed 2001-03 Operating Budget

- Motion by Tuck, second by Reynolds, to table consideration of approval of the Department's proposed 2001-03 Operating Budget until the August 22, 2000 meeting. The motion carried unanimously.

Approval of Department's Proposed 2001-03 Capital Budget

- Motion by Cahill, second by Tuck, to table consideration of approval of the Department's proposed 2001-03 Capital Budget until the August 22, 2000 meeting. The motion carried unanimously.

Approval of Department's Proposed 2001 Request Legislation

- Motion by Pelly, second by Van Gytenbeek, to table consideration of approval of the Department's proposed 2001 Request Legislation until the August 22, 2000 meeting. The motion carried unanimously.

Commissioners in Attendance:

Kelly White, Chairman

Russ Cahill, Vice Chairman

Don Heinicke

Lisa Pelly

Dawn Reynolds

Will Roehl

Fred Shiosaki

Bob Tuck

Van Van Gytenbeek

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