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

ATTENDANCE:
Commission	Public (Continued)
Will Roehl, Chair	Hans M. Mak
Ron Ozment, Vice Chair	Mike Hardiman
Russ Cahill	Barry Olson
John A. Hunter	Bill Ostergard
Lisa Pelly	Jeff Johnson, Wild Steelhead Coalition
Fred Shiosaki	John Evensen, Steelhead Club
Bob Tuck	Les Clark, NW Gillnetters Assoc.
Van Van Gytenbeek	Rory Eisele
	Jim Brauch, Everett Steelhead & Salmon Club
Commission Staff:	Scott Hagen
Susan Yeager	Eric Skangrud
	Jack Berryman
Department	Peter Dorn, Wild Steelhead Coalition
Jeff Koenings, Director	Dave Croonuist
Larry Peck, Deputy Director	B. J. Thorniley, WA St. Trappers Assoc. / WA for Wildlife Conservation
Jim Lux	Bert Brehm, Oly-Pen. Fly Fish Club
Bruce Bjork	Angela Springer, Campbell Group
Evan Jacoby	Pete Kruger, Sr.
Sean Carrell	Harden James, Lummi Nation
Joe La Tourrette	Chris Maedsen, NW Indian Fisheries Commission
Rocky Beach	Jeff Tatro, Stillaguamish Tribe
Jerry Nelson	Joseph F. Murray, Merrill & Ring
Fred Dobler	Chris Bellows, Topwater Charters
Lora Leschner	John McKay, PSCCA
Dan Budd	Jim Pearson
Dave Ware	Nate Mantua, Wild Steelhead Coalition
George Tsukamoto	Don Simonson, Methow Valley Fly Fishers
Sandra Turner	Perry Barth, Olympic Fly Fishers
Phil Anderson	Mike Sato, People for Puget Sound
Cindy LeFleur	Hector Sanchez, PSSCA
Bill Tweit	Oliver Waldman
Chuck Johnson	Terry Turner, Trout Unlimited
Dave Gadwa	Dick Burge, Trout Unlimited
Scott Smith	Dorset Moody, Puget Sound Crab Assoc.
Morris Barker	Dolores Rolfe
Ross Fuller	Ann Marie Barnes
Bob Gibbons	Jeff Norwood
Pat Michael	Mike Boardman
Cheryl McCartney	Daniel Carter
Lew Atkins	Mike Dunnigan, Sea Hawk Charters
Rich Childers	Buzz Johnson
Bill Frymire, AGO	Joe Durham, Grays Harbor Trout Unlimited
Doug Williams	Butch Smith, Ilwaco Charter Assoc.
Steve Pozzenghera	Eric Sandvig, Puget Sound Crab Assoc.
Dave Brittell	Jim Tuggle, Trout Unlimited
Sue Patnude	Nic Norbeck
Norm Lemberg	Ron Garner, Puget Sound Anglers
Other Department Staff	Robert Rolfe, Puget Sound Anglers
	Ken Crews, Inner Sound Crab Assoc.
Public	Phil Faulkner
Duane Fagergren, Puget Sound Action Team	Chris Mohr, Sekiu Chamber of Commerce
Don Chovanak	Jim Pickrell
Lee Freeman, Puget Sound Gillnetters Assoc.	Mike Gilchrist, RFA
Flori Chovanak	Mike Ergun
Doug Blewn	Frances Clark, NW Gillnetters Assoc.
Robert Nowowiejski	Les Lenchon
Sean Orr	Leland Manaki
Bill Pace	Andy Fisk, Inner Sound Crab Assoc.
Maxine Pace	Jon Williams
Bob Lawless, Washington Waters Forever	Gary Hulsey, East Jefferson Puget Sound Anglers
Lawrence B. Doyle, Wild Steelhead Coalition	Lee Arey
Dave Bailey Wild Steelhead Coalition/TU	Tim Cullinan, Audubon Washington
Walt Blendermann	Lee Boad
Ron Lewis, Kitsap Poggie Club	Gill Ostergard
Ray Frederick, Kitsap Poggie Club	Laurie Serdahl, IFBAG
Jerry Frederick, Kitsap Poggie Club	Sheilah Kennedy, Okanogan Co. Weed Board
Craig Lynch, Clark Skamania Flyfishers	Merle A. Haynes, Suquamish Tribe
Corey Freeman, NW Sportfishing Industry Assoc.	Rob McCoy, Makah Tribe
Stephen Kidder, Highliner Charters	Daveid Moldah, Nat'l Wildlife Foundation
Ron Spahman	Frank Fletcher
Robin D. Blake	George Sovie, WSTA
C. D. Peevy	Shawn Yanity, Stillaguamish Tribe
John Rogers, Puget Sound Anglers	Eldon Hutchins, Lummi Nation
Tom Elliott	Tom Hilton, Kapowsin Tree Farm
Jack Collins, PSSCA	Norm Sfhaaf, Merrill & Ring
Jim Wallace	Brad Johnson, WA Wildlife Federation
John Kuljis	Bill Haywood
Jerry Porter	Jeff Fealtin, Puget Sound Anglers
Gary Krein, CAPS	Les Johnson
Rodney Ehman	Jim Sokol
Michael Barnes	Bill Redman, Federation of Fly Fishers
Tschaulo Barnes	Jim McRoberts, Federation of Fly Fishers
Kelly Sample	Kent McKellar
Albert A. Carter, Grays Harbor County	Doug Swanson, Point No Point Treaty Council
Darrell Stacy, Eagle Point Charters	Rich Simms, Wild Steelhead Coalition
Clyde McBrayer	Charles Bauard
Erik Johnson	Thomas Young
Gary Bodine	J.D. Love, Olympic Peninsuls Guides
Joe Real	Harold Boswell, FFF Steelhead Committee
Mark Silva, Puget Sound Crab Assoc.
Bret Ferris
John Williamson
Clin Muns, Puget Sound Anglers

FRIDAY, DECEMBER 5:

Chair Roehl called the meeting to order at 9:01 a.m.

COMMISSIONERS' DISCUSSION:
Commissioners discussed recent activities and items of general interest and provided status reports on Commission activities.

DIRECTOR'S REPORT:
Director Koenings reviewed significant Department issues and activities.

BUDGET UPDATE:
Jim Lux provided a status report on the Department's current biennial budget and Indirect Cost Recovery.

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

ADOPTION OF WATCHABLE WILDLIFE DECAL RULE:
Frank Hawley presented WAC 220-20-115, Watchable wildlife program, which would implement the Watchable Wildlife Decal program established by SSB 5204.

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

Commissioner Cahill moved, seconded by Commissioner Hunter, to adopt WAC 220-20-115, Watchable wildlife program, as filed with the Code Reviser's Office and amended by staff.
The motion to adopt the rule proposal as amended by staff carried unanimously.

ADOPTION OF PERMANENT ANNUAL COMBINATON LICENSE RULE:
Frank Hawley presented WAC 220-55-175, Special license application for permanent annual combination licenses.

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

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt WAC 220-55-175, Special license application for permanent annual combination licenses, as filed with the Code Reviser's Office and amended by staff.
The motion to adopt the rule proposal as amended by staff carried.

ADOPTION OF RELIEF FROM ACTIVE DUTY PAYMENT PROCEDURE FOR FISH AND WILDLIFE OFFICER RULE:
Bruce Bjork and Evan Jacoby presented WAC 220-20-110, Fish and wildlife enforcement officer relief from active duty procedure, which would establish the process by which the Department must follow in order to relieve an officer from active duty.

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

Commissioner Cahill requested to be recused from voting on the above agenda item due to a potential conflict of interest.

Commissioner Van Gytenbeek moved, seconded by Commissioner Tuck, to adopt WAC 220-20-110, Fish and wildlife enforcement officer relief from active duty procedure, as filed with the Code Reviser's Office and amended by staff.

Commissioner Tuck moved, seconded by Commissioner Shiosaki, to amend the motion by adding "…at least 30 days prior to the scheduled examination" after "…to the claimant" in (7). The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

ADMENDMENTS TO NUISANCE WILDLIFE CONTROL OPERATOR RULE:
Sean Carrell presented permanent amendments to WAC 232-12-086, Director or his designee is empowered to enter agreements to control nuisance or problem wildlife. The rule amendments would incorporate nuisance wildlife control operator guidelines into WAC rules and specify requirements of nuisance trappers.

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

Commissioner Cahill moved, seconded by Commissioner Shiosaki, to amend WAC 232-12-086, Director or his designee is empowered to enter agreements to control nuisance or problem wildlife, as filed with the Code Reviser's Office and amended by staff.

Commissioner Pelly moved, seconded by Ozment, to amend section (3) by changing the quarterly reporting requirement to a semi-annual requirement.
The motion failed.

The motion to adopt the permanent amendments as amended by staff carried unanimously.

STATE COMPREHENSIVE WILDLIFE CONSERVATION STRATEGY (SCWCS) - BRIEFING:
Joe La Tourrette and Rocky Beach briefed the Commission on the planning process for the development of the SCWCS, which was established by Congress in 2000.

NOOKSACK ELK AUGMENTATION PROJECT - BRIEFING:
Jerry Nelson, Fred Dobler, and Lora Leschner briefed the Commission on efforts to increase the population of the North Cascade elk herd.

PROPOSED LAND TRANSACTION:
Dan Budd presented a proposed land transaction for consideration of approval

Commissioner Hunter moved, seconded by Commissioner Van Gytenbeek to approve the following land transaction:

- Acceptance of the 32.80-acre General Services Administration Goat Island property transfer in Skagit County.

The motion to approve the land transaction carried unanimously.

AMENDMENTS TO PRIVATE LANDS WILDLIFE MANAGEMENT AREA (PLWMA) HUNTING SEASONS, RULES, AND BOUNDARY DESCRIPTIONS:
Dave Ware and George Tsukamoto presented permanent amendments to WAC 232-28-271, Private lands wildlife management area hunting seasons, rules and boundary descriptions, which would set 2004 hunting seasons, regulations, and boundary descriptions for PLWMAs.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner Cahill, to adopt the permanent amendments to WAC 232-28-271, Private lands wildlife management area hunting seasons, rules and boundary descriptions, as filed with the Code Reviser's Office and amended by staff.
The motion to adopt the permanent amendments as amended by staff carried unanimously.

WORKFORCE DIVERSITY UPDATE - BRIEFING:
At the request of the Commission, Sandra Turner briefed the Commission on the progress of efforts over the past few years toward creating a more diverse workforce.

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

Chair Roehl recessed the meeting at 5:15 p.m.

SATURDAY, DECEMBER 6:

Chair Roehl called the meeting back to order at 8:32 a.m.

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

DELEGATION OF AUTHORITY/COMMERCIAL FISHERIES FEES BUYBACK ACCOUNT:
Phil Anderson presented a proposal to delegate authority to the Director to establish and collect fees for buyback rates to be held in a Commercial Fisheries Buyback Account, which was established by House Bill 1887.

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

Commissioner Cahill moved, seconded by Commissioner Ozment, to delegate authority to the Director to establish and collect fees from commercial landings made by holders of federal Pacific groundfish limited-entry permits with trawl endorsements, coastal Dungeness crab licenses, and ocean pink shrimp licenses to recover the license purchase costs associated with the Pacific Coast Groundfish Buyback Program.

Commissioner Cahill moved, seconded by Commissioner Van Gytenbeek, to amend the motion by changing "…licenses, and ocean pink…" to "…licenses, or ocean pink…".
The motion to amend the motion carried unanimously.
(Commissioner Pelly was absent during discussion and vote on the motion.)

The motion, as amended, to delegate authority to the Director carried unanimously.
(Commissioner Pelly was absent during discussion and vote on the motion.)

ADOPTION OF COLUMBIA RIVER LIMITED PARTICIPATION SALMON NET FISHERIES RULE:
Department staff withdrew the proposed WAC 220-33-070, Limited participation commercial salmon fisheries--Columbia River, which would allow for limited participation fisheries in the Columbia River. The Department will continue to work with the Columbia River Commercial Advisory Group on developing solutions to address issues of concern.

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

2004-2005 COLUMBIA RIVER SPRING CHINOOK FISHERY POLICY RECOMMENDATIONS - BRIEFING AND PUBLIC HEARING:
Bill Tweit and Cindy LeFleur briefed the Commission on a proposed two year (January 2004 through December 31, 2005) Columbia River Spring Chinook Fishery Policy. Additional public comment will be heard and a final decision considered by the Commission at its January 16-17, 2004, workshop in Olympia.

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

APPROVAL OF MINUTES:
Commissioner Cahill moved, seconded by Commissioner Hunter, to approve the minutes of the November 6, 2003, Commission conference call.
The motion to approve the minutes carried unanimously.
(Commissioner Pelly was absent during discussion and vote on the motion.)

SUMMARY OF COMMISSION REQUESTS TO THE DEPARTMENT:
The Commission reviewed and updated the Summary of Commission Requests to the Department.

PUGET SOUND RECREATIONAL FISHERIES ENHANCEMENT (PSRFE) OVERSIGHT COMMITTEE - BRIEFING:
Chuck Johnson and Clint Muns briefed the Commission on the status of the PSRE Oversight Committee, which was established by Substitute Senate Bill 5062.

AMENDMENTS TO VOLUNTEER COOPERATIVE PROGRAM RULES:
Dave Gadwa presented proposed permanent amendments to WAC 220-130-040, Review and selection process, and WAC 220-130-080, Project recovery of reimbursable expenses, to establish one annual open application period per year, during which the public may apply for ALEA Grant funds administered by the Department, and to allow volunteer groups more time to use funds generated from the authorized sale of surplus salmon carcasses and eggs.

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

Commissioner Cahill moved, seconded by Commissioner Hunter, to adopt the permanent amendments to WAC 220-130-040, Review and selection process, and WAC 220-130-080, Project recovery of reimbursable expenses.
The motion to adopt the permanent amendments carried unanimously.
(Commissioner Pelly was absent during discussion and vote on the motion.)

AMENDMENTS TO INFESTED WATERS AND NONNATIVE SPECIES CLASSIFICATION LISTS RULES:
Scott Smith presented proposed permanent amendments to WAC 220-12-090, Classification--Nonnative aquatic animal species, and WAC 232-12-016, Nonnative aquatic species. These amendments would classify additional nonnative aquatic animals species as aquatic nuisance species, and add to the list of infested waters.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner Hunter, to adopt the permanent amendments to WAC 220-12-090, Classification--Nonnative aquatic animal species, and WAC 232-12-016, Nonnative aquatic species as filed with the Code Reviser's Office and amended by staff.
The motion to adopt the permanent amendments carried unanimously.
(Commissioner Pelly was absent during discussion and vote on the motion.)

AMENDMENTS TO THE OYSTER RESERVE SALE NOTICE PUBLICATION RULE:
Morris Barker, presented proposed permanent amendments to WAC 220-60-010, Publishing notice of sale, which would change the publishing requirement for oyster reserve invitation-to-bid notices.

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

Commissioner Cahill moved, seconded by Commissioner Ozment, to adopt the permanent amendments to WAC 220-60-010, Publishing notice of sale.
The motion to adopt the permanent amendments carried unanimously.
(Commissioner Pelly was absent during discussion and vote on the motion.)

2004-2005 SPORTFISH RULE PROPOSALS - RULE BRIEFING:
Department staff briefed the Commission on permanent amendments to the sport fish regulations for the 2004-2005 rule cycle. (Note: This was for discussion and public input purposes only. The Commission will consider adoption of the rule proposals at its February 6-7, 2004, meeting in Olympia. No additional public input will be accepted at that meeting.)

Fifty-two individuals provided oral testimony on the proposed amendments during the meeting.

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

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

Chair Roehl adjourned the meeting at 4:45 p.m.

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

Commissioners in Attendance:
Will Roehl, Chair
Ron Ozment, Vice Chair
Russ Cahill
John A. Hunter
Lisa Pelly
Fred Shiosaki
Bob Tuck

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