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

ATTENDANCE:
Commission	Public (Cont.)
Russ Cahill, Chair	Walter Stockia
Will Roehl, Vice Chair	Jan Hart
Ron Ozment	Robert Wattez
Lisa Pelly	Tom McBride, WA Association of Prosecuting Attys.
Dawn Reynolds	John Barnett, Cowlitz Tribe
Fred Shiosaki	Julie Klein, Cowlitz Tribe
Bob Tuck	Richard Byrd, Cowlitz Tribe
Van Van Gytenbeek	Pete Kauger, Sr., Squaxin Island Tribe
Kelly White	Jim Peters, Squaxin Island Tribe
	Alan Stay, Muckleshoot Tribe
Commission Staff:	Stephen Dow Bechman, Cowlitz Tribe
Debbie Nelson	Ernie Donovan, Cowlitz Tribe
	David Rhodes, Cowlitz Tribe
Department	Nancy Osborne, Coswlitz Tribe
Jeff Koenings, Director	Dan Van Mechelen, Cowlitz Tribe
Larry Peck, Deputy Director	Don Van Mechelen, Cowlitz Tribe
Dave Ware	David Russell, Cowlitz Tribe
Donny Martorello	Mark Skatrud, NW Ecosystem Alliance
John Broome	Dennis Wichar
Bill Frymire, AG's Office	Kay Farrell
Phil Anderson	Diane Frasso
Michele Robinson	Steve McGrath
Lisa Veneroso	Terry Turner, Trout Unlimited
Mike Lufkin, AG's Office	Milton Gudgell, Ilwaco Charters
Morris Barker	Melinda Gladstone, NW Ecopsychology Institute
Kevin Amos	Allen Thomas
Andy Appleby	Tom gordon
Ross Fuller	Lisa Wathne, The Humane Society of the U.S.
Pat Michael	Nancy Pennington
Other Department Staff	Scott Lipp
	Steve Watrous, Columbia Pacific Anglers
Public	Dave Barnett
Stephanie Bell	Arnold Byrd
Katherine Bragdon	Joseph Murray, Merrill & Ring
Caty Hart	Mike Blankenship, Ferry County
Jayne Ryan	John Ritter, Vancouver Wildlife League
David Bemel	Greg Edwards, Streamside Anglers
Mike McDowell	Jim Tuggle, Trout Unlimited
John Sewell	A. Stringer, The Campbell Group
David Gladstone, Pilchuck Audubon Society	Mike Gilchrist, Recreational Fishing Alliance
Frank Urabeck, NW Marine Trade Assoc.	Nathan Van Mechelen, Cowlitz Tribe
Kevin Lyon Squaxin Island Tribe	Robin Torner, Cowlitz Tribe
Jeff Taylor, Jr.	Larry Holland
Steve Clark	Les & Frances Clark, NW Gillnet Association
John Bell, Puyallup Indian Tribe	Scott Hagen
Harold Boswell	Dee W. Norton, Trout Unlimited
Jack Whitney	John Tyler
Gary Torner, Cowlitz Tribe	Quin d. Bassi
Marty Kuller	Corey Freeman, NW Sport Fishing Industry
Liz Hamilton, NW Sport Fishing Industry	Scott Harden, NW Sport Fishing Industry
Mike Buentemeier, Fred Meyer	Liz Luce, Senator Cantwell
Dana Horton, Rep. Briam Baird	Brian Shetchek
Steve Wrye	J. D. Love
Chris Bellows	Mark James
Ron Nanney, Wild Steelhead Coalition	John Kelly, King County Outdood Sports Council
Don Peterson, Wild Steelhead Coalition	Carl Ostberg, Wild Steelhead Coalition
Frank Amato, Salmon Trout Steelheader Magazine	Christopher Bentsen, Overlake Fishing Club
Kathy Fletcher, People for Puget Sound	Doug Sachl, Trout Unlimited
Rhett Weber, Westport Charter Assoc.	Ken Short, Kelp Krawlers Dive Club
Jeff Johnson, Wild Steelhead Coalition	Felton Jenkins, Wild Steelhead Coalition
Kurt Sherwood, Wild Steelhead Coalition	Stacy Stiatton, NW Women Flyfishers
Wes Hoppler	Lance Henie
Lee Shefcher	Kris Kristoferson, WA Fly fishing Club
Edward Percival, Wild Steelehad Coalition	Gary M. Koehler
Vance Luff, Lower Columbia Fly Fishers	Pete Soverel
Ryan S. Petzoll	Rob Endsley
Monique Thibodeaux	Mike Clausen, Whatcom Co. Trout Unlimited
Robert Sneley	Corey Hoercher, Bob's Piscatorial Pursuits
Robert Ball, Bob's Piscatorial Pursuits	Bob Zak
Mindi Linquist	Larry W. Snyder, Vancouver Wildlife League
Larry R. Swanson, SW Washington Anglers	Dennis R. Nelson
John Thompson, Graybeards	Carl Weer, Wild Steelhead Coalition
Duggan Harman, Wild Steelhead Coalition	Dan Leinan, City of Forks
Yancy Salenjus	Davis dickson
Bob Birkner	Frank Vulliet
Ron Dion	Fran Wood
Roger Smith	Steve Westrick, Westport Charterboat Association
Michael D. Wearne	Jeff Woodward
Brady Martin	Bob Gray
Dick Raisler, Fidalgo Fly Fishers	Robert Huddleston
Leland Miyawaki	Sue Morrison
Karen Westwood	John Sowinski, Clark-Skamania Fly Fishers
Jim McRoberts, Washington Flyfishing Club	Amaraja Turzanski
Don K. Simonson, Washington Flyfishing Club	Herg Slatke, Clark-Skamania Fly Fishers
Brian Simonseth, Fidalgo Fly Fishers	Michael Hanks
Rocco Maccarrone	Charles St. Pierre
Brian Lencho, Washington Flyfishing Club	Ken Culver, Westport Charterboat Association
Larry Put, Clark-Skamania Fly fishers	Jerry Erlich, Kelp Krawlers Dive Club
Richard Burge, Trout Unlimited	Mike Beyer, Kelp Krawlers Dive Club
Mark Cedergreen, Westport Charterboat Association	Fred Habenicht, Steelhead Trout Club
Greg Volkhardt, Kelp Krawlers Dive Club	Hal Boynton, So. King County Trout Unlimited
Ed Main, Kelp Krawlers Dive Club	Stefan ostberg, Wild Steelhead Coalition
Kevin kent, Wild Steelhead Coalition	Jamie d. Van Etten
Jack W. Berryman	Carol Ferrera
John c. Evensen, Steelhead Trout Club	Larry Doyle
Rich Simms	Dave Carlson
Les Johnson, Wild Steelehad Coalition	Bill Redman, Federation of Fly Fishers
Bob Young	Preston Singletary
Todd A. Ripley, Wild Steelhead Coalition	Peter Peterson
John Farrar	Clint Muns
Ed Adams	Craig Lynch

FRIDAY, DECEMBER 7:

Chair Cahill called the meeting to order at 9:30 a.m.

COMMISSIONERS' DISCUSSION:

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

DIRECTOR'S REPORT:

Director Koenings reviewed significant Department issues and activities.

OPEN PUBLIC INPUT:

Four individuals provided oral comments on issues of concern during this portion of the meeting.

ESTABLISHMENT OF 2002 PLWMA DEER AND ELK SEASONS:

Dave Ware presented a proposed permanent amendment to WAC 232-28-271, Private Lands Wildlife Management Area Hunting Seasons, Rules and Boundary Descriptions. This amendment would establish the hunting seasons and permit levels for 2002 for all PLWMAs and update PLWMA boundary descriptions.

The entire PLWMA program will be re-evaluated and modified as needed, with further recommendations for the future of the program to be presented to the Commission in 2002. The Wildlife Committee will be involved in the review process.

Two individuals provided oral testimony on the proposed amendment during the meeting.

Commissioner Pelly moved, seconded by Commissioner Tuck, to adopt the permanent amendment 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 amendment to the rule carried unanimously.

ADOPTION OF COUGAR DOG-TRAINING RULE:

John Broome and Donny Martorello presented, at the request of the Commission, a proposal to adopt WAC 232-12-245, Cougar Dog-Training, to allow the use of dogs to pursue cougar for the purposes of training dogs and to modify the behavior of cougar to improve public safety. The Department recommended that the Commission not adopt the proposal since there does not appear to be sufficient justification and cause to expand the use of dogs at this time. Department staff indicated that "biologically" there is not sufficient evidence to support the concept that the pursuit of cougar by dogs modifies the behavior of cougars as it relates to human safety.

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

Commissioner White moved, seconded by Commissioner Shiosaki, to adopt WAC 232-12-245, Cougar Dog-Training.

Commissioner Roehl said the Director has the discretion to authorize emergency hunts if the quota is reached and there is still a cougar problem; however, the Director cannot act outside the statutory authority the Commission has now. Pursuits are inconsistent with the discussions and direction the Department was provided during the 2000 Legislature.

The motion to adopt the rule proposal failed.

Commissioner Roehl moved, seconded by Commissioner Pelly, to request that the Department brief the Commission on the results of the cougar control regional task groups' review of the draft dangerous wildlife policy at the June 7-8, 2002 workshop. The motion to request Department action carried unanimously.

ESTABLISHMENT OF MEDICINE CREEK TREATY HUNTING BOUNDARY:

Phil Anderson, Jeff Tayer, and Tom McBride (Washington Association of Prosecuting Attorneys) presented WAC 232-12-253, Tribal Hunting--Medicine Creek Treaty Hunters. This rule proposal would clarify the southern boundary of the lands ceded under the Treaty of Medicine Creek for purposes of setting tribal hunting seasons.

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

Commissioner Pelly moved, seconded by Commissioner White, to adopt WAC 232-12-253, Tribal

Hunting--Medicine Creek Treaty Hunters, as filed with the Code Reviser's Office and amended by staff, for the purpose of defining where enrolled members of the Medicine Creek Tribes may hunt consistent with all applicable tribal and state regulations.

Commissioner Roehl moved, seconded by Commissioner Pelly, to amend the motion to add the following language to the motion: "And that the Commission, as a whole, review WAC 232-12-253 prior to March 31, 2005. The motion to amend the motion carried unanimously.

The motion, as amended, carried.

AMENDMENT TO COASTAL SPOT SHRIMP TRAWL RULES:

Lisa Venerosa presented numerous proposed permanent amendments which would convert ocean spot shrimp trawl permits to ocean spot shrimp pot permits.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner Roehl, 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 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 to adopt permanent amendments to the rules carried unanimously.

AMENDMENTS TO PROHIBIT DRIFT GILLNETS AND LANDINGS OF THRESHER SHARK:

Michele Robinson presented two rule proposals to prohibit the use of drift gillnets off Washington and prohibit landings of thresher shark into Washington:

• WAC 220-44-035, Coastal Pelagic Gear; and
• Permanent amendment to WAC 220-44-050, Coastal Bottomfish Catch Limits.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner Roehl, to adopt WAC 220-44-035, Coastal Pelagic Gear, and to adopt a permanent amendment to WAC 220-44-050, Coastal Bottomfish Catch Limits. The motion to adopt the rule proposals carried unanimously.

ADOPTION OF COLUMBIA RIVER SPRING CHINOOK ALLOCATION POLICY:

Cindy LeFleur and Bill Tweit presented the proposed Columbia River Spring Chinook Allocation Policy. This policy will provide guidance to the Department on allocation of harvest opportunity between commercial and recreational sectors.

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

Commissioner Pelly moved, seconded by Commissioner Reynolds, to adopt the Columbia River Spring Chinook Allocation Policy for 2002 and 2003.

Commissioner White moved, seconded by Commissioner Van Gytenbeek, to amend the motion to make the policy effective for 2002 only. The motion to amend the motion failed.

Commissioner Van Gytenbeek moved, seconded by Commissioner Tuck, to amend the motion to change "Maximize sport...and extending into May, if possible..." to read "Maximize sport...and extending through May 19, if possible..." The motion to amend the motion failed.

The motion to adopt the policy carried unanimously.

OPEN PUBLIC INPUT:

No oral testimony on issues of concern was received during this portion of the meeting.

For approximately a year now, a notice has been posted outside the door of Commission workshops and meetings requesting attendees turn off cell phones and pagers before entering the room. Chair Cahill announced that in the future the Department staff person whose cell phone or pager sounds during a Commission workshop or meeting is expected to provide donuts for the Commission at its next workshop or meeting.

Chair Cahill recessed the meeting at 6:45 p.m.

SATURDAY, FEBRUARY 9:

Chair Cahill called the meeting back to order at 9:02 a.m.

OPEN PUBLIC INPUT:

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

Commissioner Roehl expressed concern with the fall chum fisheries in Bellingham Bay, South Sound, and Hood Canal. The Bellingham Bay non-tribal fall chum fishery had been closed even though the tribal fishery had very little fishing pressure on the stock. Since the tribes had made little effort to harvest their 50 percent, could in-season adjustments have been made to harvest those hatchery fish rather than shutting down the entire fishery.

Ross Fuller told the Commission that the Lummi Tribe had worked with the Department in allowing the non-tribal fishers to exceed their 50 percent share of the fall chum fishery in Bellingham Bay. He also said that there are no "tools" to delineate fish in a mixed-stock fishery, thus the fall chum fishery had been closed. Hopefully in the future, commercial fishers will be able to help target certain fish in the bay.

BUDGET UPDATE:

Deputy Director Peck provided a status report on the Department's current biennial budget.

LAKE AND STREAM REHABILITATION POLICY UPDATE -- BRIEFING:

Bob Gibbons briefed the Commission on the status of a revised Lake and Stream Rehabilitation Policy. The Commission will consider adoption of the revised policy at the February 8-9, 2002 Commission meeting.

ADOPTION OF AQUACULTURE DISEASE CONTROL RULES:

Andy Appleby and John Kerwin and Kevin Amos (National Marine Fisheries Service) presented numerous permanent amendments and rule proposals for aquaculture disease control to refine inspection and quarantine procedures.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner Roehl, to adopt the following:

• Permanent amendment to WAC 220-77-010, Intent;
• Permanent amendment to WAC 220-77-020, Definitions--Aquaculture Disease Control;
• Permanent amendment to WAC 220-77-030, Finfish Aquaculture Disease Control;
• Permanent amendment to WAC 220-77-070, Aquaculture Disease Control--Emergency Provisions;
• Permanent amendment to WAC 220-77-080, Aquaculture Fee Schedule;
• WAC 220-77-081, Aquaculture Facility Inspection Authority; and
• WAC 220-77-082, Recordkeeping;

as filed with the Code Reviser's Office and amended by staff. The motion to adopt the rule proposals carried unanimously.

AMENDMENT TO PUGET SOUND COMMERCIAL SHRIMP RULES:

Morris Barker presented a proposed amendment to WAC 220-52-051, Shrimp Fishery--Puget Sound, to modify the provisions for alternate operators and provide for license stacking on shrimp pot vessels.

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

Commissioner Shiosaki moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 220-52-051, Shrimp Fishery--Puget Sound. The motion to adopt the permanent amendment to the rule carried unanimously.

ADOPTION OF SEA CUCUMBER AND SEA URCHIN LICENSE REDUCTION RULES:

Morris Barker presented rule proposals to reduce the number of sea cucumber and sea urchin licenses.

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

Commissioner Roehl moved, seconded by Commissioner White, to adopt WAC 220-95-100, Sea Urchin License Reduction Program; and WAC 220-95-110, Sea Cucumber License Reduction Program. The motion to adopt the rule proposals carried unanimously.

AMENDMENT TO COMMERCIAL CARP RULES:

Steve Jackson presented a proposed permanent amendment to WAC 220-20-020, General Provisions--Lawful and Unlawful Acts--Food Fish Other Than Salmon; and proposed repeal of WAC 220-33-050, Carp. This action would help to uniformly manage the carp fishery statewide.

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

Commissioner Pelly moved, seconded by Commissioner Reynolds, to:

- Adopt the permanent amendment to WAC 220-20-020, General Provisions--Lawful and Unlawful Acts--Food Fish Other Than Salmon, as filed with the Code Reviser's Office and amended by staff; and

- Repeal WAC 220-33-050, Carp.

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

AMENDMENT TO BALD EAGLE PROTECTION RULES:

Harriet Allen and Elizabeth Rodrick presented permanent amendments to the following rules:

• WAC 232-12-292, Bald Eagle Protection Rules, to update and include sensitive species; and
• WAC 232-12-297, Endangered, Threatened, and Sensitive Wildlife Species Classification, to delete requirement for two public meetings.

Department staff withdrew the earlier proposed amendment to WAC 232-12-011, Wildlife Classified as Protected Shall Not be Hunted or Fished, which would have changed the bald eagle from a threatened to a sensitive species.

Commissioner Reynolds moved, seconded by Commissioner Shiosaki, to adopt permanent amendments to the following rules:

as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

2002-2003 SPORTFISH RULE PROPOSALS:

Morris Barker, Bob Gibbons, and Ross Fuller briefed the Commission and the public on the 2002-2003 sportfish rule proposals. This was for discussion and public input purposes only. Actual Commission consideration of adoption of the rule proposals will occur at the February 8-9, 2002 Commission meeting. No additional public input will be accepted at that meeting.

Fifty-four individuals provided oral testimony on the rule proposals during the meeting.

OPEN PUBLIC INPUT:

No oral testimony on issues of concern was received during this portion of the meeting.

MISCELLANEOUS AND MEETING DEBRIEF:

The Commission discussed items that arose immediately before or during the meeting but after the preliminary agenda was published.

Chair Cahill adjourned the meeting at 4:33 p.m.

Commissioners in Attendance:
Russ Cahill, Chair
Will Roehl, Vice Chair
Ron Ozment
Lisa Pelly
Dawn Reynolds
Fred Shiosaki
Bob Tuck
Van Van Gytenbeek
Kelly White

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