Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
MEETING
December 2-3, 2005

Natural Resources Building, Room 172
1111 Washington Street SE
Olympia, Washington

ATTENDANCE:
Commission Public
Ron Ozment, Chair Heath Packard, Auidubon Society
Fred Shiosaki, Vice Chair Suzanne Flagor, Seattle Public Utilities
Ken Chew Brady Engvall
Jerry Gutzwiler Carl Burke, NW Sportfishing Industry Assoc.
Conrad Mahnken Robert Kehoe, Purse Seine Vessel Owners Assoc.
Chuck Perry Seth Cool, WA Invasive Species Coalition
Shirley Solomon Dorigen Hofmann
Miranda Wecker Jim Pearsen, SCI
Norm Strang
Danielle D'Auria, Nisqually Wildlife Refuge
Commission Staff: Kathy Hamel, WA Dept. of Ecology
Susan Yeager Koshare Lomnicki, Wa Dept. of Natural Resources
Nancy Burkhart Gerald R. Hubbard
Jim Harmon, SW Washington Anglers
Senator Bob Oke
Department Kent Martin, Salmon for All
Jeff Koenings, Director Irene Martin, Salmon for All
Larry Peck, Deputy Director Fred Ostling
Ron McQueen Brad Schoonbow, Bob's Sporting Goods
Guy Norman Les Clark, NW Gillnetters Assoc.
Phil Anderson Frances Clark, NW Gillnetters Assoc.
Lew Atkins Dan Erickson, Wildlife Conservation Society
Michele Culver Larry Swanson, Vancouver Wildlife League
Frank Hawley Steve Watrous
Morris Barker Hans Mark
Ron Warren Doug Fricke
Scott Smith Jim Wells, Salmon for All
Dave Heimer Chuck Barnes, PSA/RFA/NSIA
Dan Budd John McKinley
Jerry Nelson Martin Kuller
Donny Martorello Mike Gilchrist, RFA
Cindy LeFleur Robert Glenovich
Brad James Kyle Murphy, WA Dept. of Agriculture
Jair Reitsma
Justin Secrest
Evan Jacoby
Bill Frymire, AGO
Bill Tweit
Other Department Staff

FRIDAY, DECEMBER 2:

Chair Ozment called the meeting to order at 8:17 a.m.

EXECUTIVE SESSION:
The Commission immediately went into Executive Session pursuant to RCW 42.30.110(1) to discuss with legal counsel representing the agency pending and/or potential litigation to which the agency is or is likely to become a party. No action was taken during the Executive Session. No public was permitted to attend the Executive Session.

At 9:16 a.m., the Commission came back into open session.

APPROVAL OF MINUTES:
Commissioner Shosaki moved, seconded by Commissioner Perry, to approve the minutes of the November 17, 2005, Commission conference call.

The motion carried unanimously.

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:
Ron McQueen provided a status report on the Department's budget.

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

AUTOMATED LICENSE SYSTEM TRANSACTION FEE RULES -- RULE ACTION:
Frank Hawley presented proposed permanent rule amendments to WAC 220-55-180, Point-of-sale transaction fee, which would continue the transaction fee at 9.5%. This would allow for continued adequate funding of related expenses for the automated licensing system.

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

Commissioner Shiosaki moved, seconded by Commissioner Solomon, to adopt the permanent amendments to WAC 220-55-180, Point-of-sale transaction fee. The motion to adopt the permanent amendments carried.

DENMAN ISLAND SHELLFISH DISEASE RULES -- RULE ACTION:
Morris Barker presented proposed permanent rule amendments to WAC 220-72-089, Denman Island Disease prohibited area. These would modify the area on the prohibited list for Denman Island Disease, which is necessary to protect Washington's shellfish industry.

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

Commissioner Chew moved, seconded by Commissioner Shiosaki, to adopt the permanent amendments to WAC 220-72-089, Denman Island Disease prohibited area, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

DUTIES OF COMMERCIAL PURCHASERS AND RECEIVERS RULES -- RULE ACTION:
Morris Barker presented proposed permanent rule amendments to WAC 220-69-240, Duties of commercial purchasers and receivers, for shrimp that would provide for weigh backs of unacceptable product and require that the total catch be entered onto a fish ticket at the point of first delivery.

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

Commissioner Shiosaki moved, seconded by Commissioner Gutzwiler, to adopt the permanent amendments to WAC 220-69-240, Duties of commercial purchasers and receivers. The motion to adopt the permanent amendments carried unanimously.

PUGET SOUND AND OCEAN COMMERCIAL CRAB RULES -- RULE ACTION:
Morris Barker presented proposed permanent rule amendments to:

- WAC 220-16-260, Puget Sound crab management regions;
- WAC 220-52-043, Commercial crab fishery--Additional gear and license use requirements; and
- WAC 220-52-046, Crab fishery--Seasons and areas.

These rule amendments would denote catch areas and boundaries for the Puget Sound commercial crab fishery, and create a maximum crab pot volume consistent with the coastal pot volume rule.

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

Commissioner Gutzwiler moved, seconded by Commissioner Chew, to adopt the permanent amendments to:

- WAC 220-16-260, Puget Sound crab management regions;
- WAC 220-52-043, Commercial crab fishery--Additional gear and license use requirements; and
- WAC 220-52-046, Crab fishery--Seasons and areas.

The motion to adopt the permanent amendments carried unanimously.

PUGET SOUND COMMERCIAL SHRIMP RULES -- RULE ACTION:
Morris Barker presented proposed permanent rule amendments to WAC 220-52-051, Shrimp fishery--Puget Sound, which would create permanent rules for the Puget Sound commercial shrimp fishery, including redefining management areas and boundaries.

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

Commissioner Shiosaki moved, seconded by Commissioner Gutzwiler, to adopt the permanent amendments to WAC 220-52-051, Shrimp fishery--Puget Sound. The motion to adopt the permanent amendments carried unanimously.

STATUS REPORT ON ELWHA DAM REMOVAL -- BRIEFING:
Ron Warren and Dr. Brian Winter (Elwha Project Manager, Olympic National Park) updated the Commission on the status and impacts of the removal of the Elwha Dam.

AQUATIC INVASIVE SPECIES -- BRIEFING:
At the request of the Commission, Scott Smith, Dave Heimer, and Kyle Murphy (Spartina Coordinator, Washington Department of Agriculture), briefed the Commission on the agencies' aquatic invasive species management activities, along with an update on Spartina control actions.

PROPOSED LAND TRANSACTIONS -- DECISION:
Dan Budd and Bill Tweit presented two proposed land transactions for the Commission's consideration and approval. The Department withdrew its request for the proposed acquisition of 5,143.76 acres of shrub steppe habitat in Kittitas County.

No oral testimony on the proposed land transactions was received during the meeting.

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

- Approval of the grant of 0.42-acre of easement and 0.97-acre of fee title to King County in exchange for the King County 7.2-acre property on the Snoqualmie River; and
- Relinquishment of the easement associated with the Castile Falls fishway in Yakima County to the Yakama Nation.

The motion to approve the land transactions carried unanimously.

GAME MANAGEMENT UNITS; DEER AND ELK AREA DESCRIPTIONS; AND SPECIAL CLOSURES AND FIREARM RESTRICTION AREAS RULES -- RULE ACTION:
Jerry Nelson presented proposed permanent rule amendments to:

- WAC 232-28-331, Game management units (GMUs) boundary descriptions--Region one;
- WAC 232-28-332, Game management units (GMUs) boundary descriptions--Region two;
- WAC 232-28-333, Game management units (GMUs) boundary descriptions--Region three;
- WAC 232-28-334, Game management units (GMUs) boundary descriptions--Region four;
- WAC 232-28-335, Game management units (GMUs) boundary descriptions--Region five;
- WAC 232-28-336, Game management units (GMUs) boundary descriptions--Region six;
- WAC 232-28-337, Deer and elk area descriptions; and
- WAC 232-28-248, Special closures and firearm restriction areas.

These amendments would clarify boundaries, making them more discernable to the public, provide the means to reduce wildlife damage issues, and direct elk damage hunts by adjusting elk area boundaries.

Because of concerns that there might be trespass issues onto Seattle City Public Utilities' property, the Department withdrew WAC 232-28-334, Game management units (GMUs) boundary descriptions--Region four.

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

Commissioner Solomon moved, seconded by Commissioner Wecker, to adopt the permanent amendments to:

- WAC 232-28-331, Game management units (GMUs) boundary descriptions--Region one;
- WAC 232-28-332, Game management units (GMUs) boundary descriptions--Region two;
- WAC 232-28-333, Game management units (GMUs) boundary descriptions--Region three;
- WAC 232-28-335, Game management units (GMUs) boundary descriptions--Region five;
- WAC 232-28-336, Game management units (GMUs) boundary descriptions--Region six;
- WAC 232-28-337, Deer and elk area descriptions; and
- WAC 232-28-248, Special closures and firearm restriction areas
as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.
(Commissioner Mahnken was absent during discussion and vote on the motion.)

IMPORTATION AND RETENTION OF DEAD NONRESIDENT WILDLIFE RULES -- RULE ACTION:
Jerry Nelson presented proposed permanent rule amendments to WAC 232-12-021, Importation and retention of dead nonresident wildlife, which would protect native deer and elk populations from disease threats.

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

Commissioner Gutzwiler moved, seconded by Commissioner Perry, to adopt the permanent amendments to WAC 232-12-021, Importation and retention of dead nonresident wildlife. The motion to adopt the permanent amendments carried unanimously.
(Commissioner Mahnken was absent during discussion and vote on the motion.)

BIG GAME AND WILD TURKEY AUCTION, RAFFLE, AND SPECIAL INCENTIVE PERMITS RULES -- RULE ACTION:
Donny Martorello presented proposed permanent rule amendments to WAC 232-28-282, Big Game and wild turkey auction, raffle, and special incentive permits, which would maximize revenue for species that have a critical need for funding.

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

Commissioner Wecker moved, seconded by Commissioner Perry, to adopt the permanent amendments to WAC 232-28-282, Big Game and wild turkey auction, raffle, and special incentive permits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.
(Commissioner Mahnken was absent during discussion and vote on the motion.)

SPRING BLACK BEAR SEASONS AND REGULATIONS RULES -- RULE ACTION:
Donny Martorello presented proposed permanent rule amendments to WAC 232-28-284, Spring black bear seasons and regulations, which would continue the spring black bear season in the Blue Mountains and Capitol Forest.

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

Commissioner Gutzwiler moved, seconded by Commissioner Chew, to adopt the permanent amendments to WAC 232-28-284, Spring black bear seasons and regulations, as filed with the Code Reviser's Office and amended by staff.

Commissioner Perry moved, seconded by Commissioner Gutzwiler, to amend the motion to keep that portion of Capitol Forest within GMU 663 at 100 permits. The motion to amend the motion carried.

The motion to adopt the permanent amendments, as amended, carried.
(Commissioner Mahnken was absent during discussion and vote on the motion.)

OPEN PUBLIC INPUT:
No oral testimony on issues of concern was received during this portion of the meeting.

Chair Ozment recessed the meeting at 6:01 p.m.

SATURDAY, DECEMBER 3:

Chair Ozment called the meeting back to order at 8:39 a.m.

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

2006-2010 LOWER COLUMBIA RIVER STURGEON MANAGEMENT POLICY -- ACTION:
Cindy LeFleur, Brad James, and Guy Norman presented an overview of sturgeon management and request policy guidance for 2006-2010 Columbia River sturgeon management (Policy C-3001).

Commissioner Shiosaki moved, seconded by Perry, to adopt revised Policy C-3001, effective January 1, 2006, through December 31, 2010, and to delegate negotiation and adoption authority to the Director for a new five year (2006-2010) Lower Columbia Sturgeon Management Plan that is to be consistent with these policies and objectives.

Commissioner Solomon moved, seconded by Commissioner Wecker, to amend the motion by making the termination date December 31, 2008. The motion to amend the motion carried unanimously.

Commissioner Perry moved, seconded by Commissioner Wecker, to amend the motion to lower the green sturgeon size from 66 inches to 60 inches. Because the size limit is not part of the proposed new policy, Commissioner Wecker withdrew her second.

Commissioner Wecker moved, seconded by Commissioner Perry, to amend the motion by adding "Provide appropriate added protective measures to prevent further decline of green sturgeon" as a bullet under "Management Objectives for 2006-2008". The motion to amend the motion carried unanimously.

Commissioner Wecker moved to amend the motion by adding "Conduct all practical research to assess broodstock abundance and to quantify impacts of commercial and recreational fisheries on broodstock" as a bullet under "Management Objectives for 2006-2008". The motion failed due to lack of a second.

After a lengthy discussion, Commissioner Wecker moved, seconded by Commissioner Perry, to amend the motion by adding "Conduct all practical research to assess broodstock abundance and to quantify impacts of commercial and recreational fisheries on broodstock abundance" as a bullet under "Management Objectives for 2006-2008". The motion to amend the motion carried.

The motion, as amended, carried unanimously.

COASTAL SARDINE FISHERY -- BRIEFING:
Michele Culver and Phil Anderson briefed the Commission on the Federal allocation strategy, the current State and Federal sardine fishery regulations, and provided an update on the 2005 sardine fishery.

HIGHLY MIGRATORY SPECIES (TUNAS, BILLFISH, AND PELAGIC SHARKS) -- BRIEFING:
Michele Culver and Phil Anderson briefed the Commission on the current State and Federal highly migratory species fishing regulations, and provided an update on the Washington commercial and recreational albacore fisheries.

SUMMARY OF COMMISSION REQUESTS:
Commissioner Perry moved, seconded by Commissioner Wecker, to create a Commission Land Committee. The motion carried unanimously.
(Commissioners Shiosaki and Solomon were absent during discussion and vote on the motion.)

MISCELLANEOUS AND MEETING DEBRIEF:
Commissioners discussed items that arose immediately before or during the meeting and after the preliminary agenda was published.

OPEN PUBLIC INPUT:
No oral testimony on issues of concern was received during this portion of the meeting.

Chair Ozment adjourned the meeting at 3:55 p.m.





MEMOS AND AUTHORITIES FROM THE DECEMBER 2-3, 2005
FISH AND WILDLIFE COMMISSION MEETING, OLYMPIA



Approval of Minutes

- Motion by Shiosaki, second by Perry, to approve the minutes of the November 17, 2005, Commission conference call. The motion carried unanimously.

Approval of Automated License System Transaction Fee Rules

- Motion by Shiosaki, second by Solomon, to adopt the permanent amendments to WAC 220-55-180, Point-of-sale transaction fee. The motion to adopt the permanent amendments carried.

Approval of Denman Island Shellfish Disease Rules

- Motion by Chew, second by Shiosaki, to adopt the permanent amendments to WAC 220-72-089, Denman Island Disease prohibited area, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

Approval of Duties of Commercial Purchasers and Receivers Rules

- Motion by Shiosaki, second by Gutzwiler, to adopt the permanent amendments to WAC 220-69-240, Duties of commercial purchasers and receivers. The motion to adopt the permanent amendments carried unanimously.

Approval of Puget Sound and Ocean Commercial Crab Rules

- Motion by Gutzwiler, second by Chew, to adopt the permanent amendments to:

- WAC 220-16-260, Puget Sound crab management regions;
- WAC 220-52-043, Commercial crab fishery--Additional gear and license use requirements; and
- WAC 220-552-046, Crab Fishery--Seasons and areas.

The motion to adopt the permanent amendments carried unanimously.

Approval of Puget Sound Commercial Shrimp Rules

- Motion by Shiosaki, second by Gutzwiler, to adopt the permanent amendments to WAC 220-52-051, Shrimp fishery--Puget Sound. The motion to adopt the permanent amendments carried unanimously.

Approval of Land Transactions

- Motion by Shiosaki, second by Gutzwiler, to approve the following land transactions:

- Approval of the grant of 0.42-acre of easement and 0.97-acre of fee title to King County in exchange for the King County 7 7.2-acre property on the Snoqualmie River; and
- Relinquishment of the easement associated with the =Castile Falls fishway in Yakima County to the Yakama Nation.

The motion to approve the land transactions carried unanimously.

Approval of Game Management Units; Deer and Elk Area Descriptions; and Special Closures and Firearm Restriction Areas Rules

- Motion by Solomon, second by Wecker, to adopt the permanent amendments to:

- WAC 232-28-331, Game management units (GMUs) boundary descriptions--Region one;
- WAC 232-28-332, Game management units (GMUs) boundary descriptions--Region two;
- WAC 232-28-333, Game management units (GMUs) boundary descriptions--Region three;
- WAC 232-28-335, Game management units (GMUs) boundary descriptions--Region five;
- WAC 232-28-336, Game management units (GMUs) boundary descriptions--Region six;
- WAC 232-337, Deer and elk area descriptions; and
- WAC 232-28-248, Special closures and firearm restriction areas as filed with the Code Reviser's Office and amended by staff.

The motion to adopt the permanent amendments carried unanimously.*

Approval of Importation and Retention of Dead Nonresident Wildlife Rules

- Motion by Gutzwiler, second by Perry, to adopt the permanent amendments to WAC 232-12-021, Importation and retention of dead nonresident wildlife. The motion to adopt the permanent amendments carried unanimously.*

Approval of Big Game and Wild Turkey Auction, Raffle, and Special Incentive Permits Rules

- Motion by Wecker, second by Perry, to adopt the permanent amendments to WAC 232-28-282, Big Game and wild turkey auction, raffle, and special incentive permits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.*

Approval of Spring Black Bear Seasons and Regulations Rules

- Motion by Gutzwiler, second by Chew, to adopt the permanent amendments to WAC 232-28-284, Spring black bear seasons and regulations, as filed with the Code Reviser's Office and amended by staff.

Motion by Perry, second by Gutzwiler, to amend the motion to keep that portion of Capitol Forest within GMU 663 at 100 permits. The motion to amend the motion carried.*

The motion to adopt the permanent amendments, as amended, carried.*

2006-2010 Lower Columbia River Sturgeon Management Policy

- Motion by Shiosaki, second by Perry, to adopt revised Policy C- 3001, effective January 1, 2006, through December 31, 2010, and to delegate negotiation and adoption authority to the Director for a new five year (2006-2010) Lower Columbia Sturgeon Management Plan that is to be consistent with these policies and objectives.

Motion by Solomon, second by Wecker, to amend the motion by making the termination date December 31, 2008. The motion to amend the motion carried unanimously.

Motion by Perry, second by Wecker, to amend the motion to lower the green sturgeon size from 66 inches to 60 inches. Because the size limit is not part of the proposed new policy, Commissioner Wecker withdrew her second.

Motion by Wecker, second by Perry, to amend the motion by adding "Provide appropriate added protective measures to prevent further decline of green sturgeon" as a bullet under "Management Objectives for 2006-2008". The motion to amend the motion carried unanimously.

Motion by Weckcer to amend the motion by adding "Conduct all practical research to assess broodstock abundance and to quantify impacts of commercial and recreational fisheries on broodstock" as a bullet under "Management Objectives for 2006-2008". The motion failed due to lack of a second. Motion by Wecker, second by Perry, to amend the motion by adding "Conduct all practical research to assess broodstock abundance and to quantify impacts of commercial and recreational fisheries on broodstock abundance" as a bullet under "Management Objectives for 2006-2008". The motion to amend the motion carried.

The motion, as amended, carried unanimously.

Commission Land Committee

- Motion by Perry, second by Wecker, to create a Commission Land Committee. The motion carried unanimously. **

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

**Commissioners Shiosaki and Solomon were absent during discussion and vote on the motion.


Commissioners in Attendance:
Ron Ozment, Chair
Fred Shiosaki, Vice Chair
Ken Chew
Jerry Gutzwiler
Conrad Mahnken
Chuck Perry
Shirley Solomon
Miranda Wecker

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