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

ATTENDANCE:
Commission	Public (Cont.)
Kelly White, Chairman	Richard Richardson, PSSA-PSCA
Russ Cahill, Vice Chairman	Daniel Tandeels
Don Heinicke	Tom Pollach
Lisa Pelly	Arnold Wells
Dawn Reynolds	Karen Awrylo, Critter Control
Will Roehl	Mike Mehd, Critter Control
Fred Shiosaki	Joseph Murray, Merrill & Ring
Bob Tuck	Doug Fricke
Van Van Gytenbeek	Barrett Melmudez
	Kate Stenberg, King County Wildlife Program
Commission Staff:	Bill Bernstein, King County Wildlife Program
Debbie Nelson	J.K. Johnson
	John Farrar
Department	Jim Shuttleworth, Barbless Hood Flyfishers
Jeff Koenings, Director	Walt Christensen, WA State Muzzleloaders
Larry Peck, Deputy Director	Jim Hearn
Jim Lux	George Comstock, State & Local Nat'l Wild Turkey Foundation
Dan Budd	Don Walker
David Johnson	Troy Kilgore, Nat'l Wild Turkey Foundation State Chapters
John Musser	Claude Walton, LC Sportsmap Co.
Donny Martorello	Bill Redmon, Federation of Fly Fishers
Phil Anderson	Chris Mohr
Michele Robinson	John Consolini, NW Nuisance Wildlife Control
Bill Tweit	Larry Waters
John DeVore	William Waters
Steve Daumna	Shawn Waters
tom Keegan	Darrell Ekhardt
Jay Odell	Dave Wiedesspohn
Greg Bargmann	Lee Freeman
Morris Barker	Robert Shirley, Federation of Fly Fishers
Ross Fuller	Stephanie Bell, Protect Pets & Wildlife
Pat Michael	Ken Drinnch
Bill Frymire	Stephanie Hillman, PAWS
Other Department Staff	Rollyn Kidd
Public	James Jackson
Dave Sterritt	Vernon Young, Federation of Fly Fishers
Brad Sele	Kris Olsen
Don Velasquez	Mark Cedergreen, Westport Charterboat Association
Darrell Ekhardt	Gordon Ruh, Shrimp Advisory Group
Joe Verdoes, Puget Sound Crabbers	Charlie Bennett
Fred Gauthier, Puget Sound Crabbers	Tony Saxon
Dan Froula, Puget Sound Crabbers	Rhett Weber, Westport Charterboat Association
Jack Collins, Puget Sound Crabbers	Les Johnson
Peder Hvatum, Puget Sound Crabbers	L. J. Telford
John Hanselman, Puget Sound Crabbers	Ed Bendure
Martin Mulholland, Puget Sound Crabbers	Larry Stauffer
Roger anderson, Puget Sound Crabbers
Ian Lindsay

FRIDAY, DECEMBER 8:

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

Chairman White called the meeting to order at 10:35 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 testimony on issues of concern.

BUDGET UPDATE:

Jim Lux provided the Commission with a status report on the Department's current biennial budget.

PROPOSED LAND TRANSACTIONS:

Dan Budd presented the Department's request for approval of numerous proposed land transactions.

Commissioner Cahill moved, seconded by Commissioner Tuck, to approve:

-- Acquisition of the .04-acre Tyee Sinclair Partnership property in Kitsap County for $950.00;
-- Acquisition of the Perpetual Cutting Rights on 2,518 acres from Golden Phoenix Trading Incorporated in Okanogan County for $366,000;
-- Acquisition of the 17.61-acre Darla and David Meigs property in Kitsap County for $56,000;
-- Acquisition of the 19-acre Erma Curl property in Kitsap County for $82,600;
-- Acquisition of the 173-acre Robinette Ranches property in Columbia County for $64,200; and
-- Easement request to Talmo Inc. in Pierce County.

The motion carried unanimously.

PACIFIC SALMON AND WILDLIFE: ECOLOGICAL CONTEXTS, RELATIONSHIPS, AND IMPLICATIONS FOR MANAGEMENT-BRIEFING:

David Johnson briefed the Commission on the report entitled "Pacific Salmon and Wildlife: Ecological Contexts, Relationships, and Implications for Management".

AMENDMENT TO BOUNDARY DESCRIPTIONS FOR GMUS:

John Musser presented the Department's final recommendation of adoption of permanent amendments to numerous rules to clarify, update, and correct boundary descriptions.

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

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

- WAC 232-28-02203, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Three;
- WAC 232-28-02204, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Four; and
- WAC 232-28-02206, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Six.

The motion carried unanimously.

ESTABLISHMENT OF 2001 PLWMA DEER AND ELK SEASONS:

John Musser presented the Department's final recommendation of adoption of a 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 2001 for all PLWMAs and update PLWMA boundary descriptions.

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

Commissioner Shiosaki moved, seconded by Commissioner Van Gytenbeek, 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 carried unanimously.

AMENDMENT TO 2001/ESTABLISHMENT OF 2002 AND 2003 BIG GAME AND WILD TURKEY AUCTION PERMITS AND RAFFLE SEASONS:

Donny Martorello and John Musser presented the Department's final recommendation of adoption of a permanent amendment to WAC 232-28-277, 2001 Big Game and Wild Turkey Auction Permits and Raffles. This amendment would modify 2001 and establish 2002 and 2003 auction permits and raffle seasons.

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

Commissioner Tuck moved, seconded by Commissioner Roehl, to adopt the permanent amendment to WAC 232-28-277, 2001, 2002, 2003 Big Game and Wild Turkey Auction Permits and Raffles, as filed with the Code Reviser's Office and amended by staff.

Chairman White felt it would create more interest if the 2001 deer raffle permit hunt was handled the same way as the 2002-2003 deer raffle permit hunts. Therefore, Chairman White moved, seconded by Commissioner Cahill, to amend the motion to change the 2001 deer raffle permit hunt to read: "Bag limit: One additional any buck deer. Open area: State-wide EXCEPT all Private Lands Wildlife Management Areas (PLWMAs) and GMUs 157, 418, 485 and 522 are closed. Open season: September 1-December 31, 2001. Weapon: Any legal weapon, EXCEPT must use archery equipment during archery seasons and muzzleloader equipment during muzzleloader seasons. Number of permits: 1. Raffle ticket cost: $5.00 including a 50-cent vendor fee." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

ESTABLISHMENT OF 2001 AND 2002 BLACK BEAR SPECIAL PERMIT SEASONS AND QUOTAS:

Donny Martorello presented the Department's final recommendation of adoption of a permanent amendment to WAC 232-28-275, 2000 Black Bear Special Permit Season and Quotas, to establish the 2001 and 2002 spring permit seasons and quotas for black bear in the Blue Mountains.

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

Commissioner Cahill asked the Department to review the Wildlife Program's mailing lists to ensure that the appropriate organizations and individuals receive appropriate rule proposals (whether pro or con).

Commissioner Cahill moved, seconded by Commissioner Pelly, to adopt the permanent amendment to WAC 232-28-275, 2001 and 2002 Black Bear Special Permit Season and Quotas, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

AMENDMENT TO SPECIAL HUNTING SEASONS:

Donny Martorello presented the Department's final recommendation of adoption of a permanent amendment to WAC 232-28-260, Special Hunting Seasons, to eliminate the hunting license requirement for applying for special hunting seasons for black bear and eliminate special hunting season language for cougar.

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

Commissioner Tuck moved, seconded by Commissioner Cahill, to adopt the permanent amendment to WAC 232-28-260, Special Hunting Seasons, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

POLICY ISSUES FOR 2001 PURSE SEINE FISHERY FOR SARDINES-BRIEFING:

Phil Anderson and Michele Robinson briefed the Commission on a set of draft management measures for the 2001 purse seine fishery for sardines. Public input on and Commission consideration of adoption of the final proposed 2001 purse seine sardine fishery rules will occur at the February 9-10, 2001 Commission meeting.

ADOPTION OF COLUMBIA RIVER SMELT (EULACHON) POLICY:

Bill Tweit and John DeVore presented the Department's proposed Columbia River Smelt (Eulachon) Policy. The Policy will form the basis of a Eulachon Management Plan, which will provide Department staff with more specific guidance for harvest management, stock assessment, and habitat management activities for Columbia River smelt.

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

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt the Columbia River Smelt (Eulachon) Policy. The motion carried unanimously.

OPEN PUBLIC INPUT:

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

Chairman White recessed the meeting at 4:30 p.m.

SATURDAY, DECEMBER 9:

Chairman White called the meeting back to order at 8:05 a.m.

OPEN PUBLIC INPUT:

Four individuals provided oral testimony on issues of concern.

IMPLEMENTATION OF INITIATIVE 713-BRIEFING:

Steve Dauma and Tom Keegan briefed the Commission on the effect of Initiative 713 and on the alternatives available to the Department in complying with the Initiative.

The Department will provide the Commission with the estimate that is to be provided to the Office of Financial Management on what it will cost the Department to implement the Initiative.

Commissioner Cahill suggested the Department familiarize itself with methods of disease control, i.e., how to prevent a disease outbreak and what to do in case of an outbreak.

AMENDMENT TO PUGET SOUND CRUSTACEAN MANAGEMENT REGIONS:

Jay Odell presented the Department's recommendation of adoption of permanent amendments to the following rules: WAC 220-52-051, Shrimp Fishery-Puget Sound (Section [2]) only), to remove the descriptions of Puget Sound Crustacean Management Regions; WAC 220-16-260, Geographical Definitions-Skagit Bay Shrimp Fishing Area, to insert the descriptions of Puget Sound Crustacean Management Regions; and WAC 220-16-270, Geographical Definitions-Skagit River, to add a seasonal shrimp trawl fishery depth restriction of two weeks in the Gulf of Georgia during the last half of July to better protect soft-shell crabs.

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

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

- WAC 220-52-051, Section (2), Shrimp Fishery--Puget Sound;
- WAC 220-16-260, Puget Sound Crustacean Management Regions; and
- WAC 220-16-270, Puget Sound Shrimp Districts.

The motion carried unanimously.

AMENDMENT TO SHELLFISH HARVEST LOGS:

Jay Odell presented the Department's recommendation of adoption of a permanent amendment to WAC 220-52-075, Shellfish Harvest Logs (Section [9] only), to require shrimp fishers to report fisher names, pot pulls, and to allow them to make initial reports based on estimated weights.

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

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-52-075, Section (9), Shellfish Harvest Logs. The motion carried unanimously.

AMENDMENTS TO PUGET SOUND COMMERCIAL SHRIMP RULES:

Jay Odell presented the Department's recommendation of adoption of a permanent amendment to WAC 220-52-051, Shrimp Fishery-Puget Sound (Sections [3] and [4] only), to make housekeeping changes that incorporate certain previously existing rule provisions that were inadvertently omitted from the rules when commercial shrimp pots and beam trawl fisheries transitioned from emerging to limited entry status.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-52-051, Sections (3) and (4), Shrimp Fishery--Puget Sound. The motion carried unanimously.

AMENDMENTS TO PUGET SOUND COMMERCIAL CRAB RULES:

Jay Odell presented the Department's final recommendation of adoption of permanent amendments to Puget Sound commercial crab rules to establish closed areas, reopen areas formerly closed, and set pot limits.

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

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, 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 220-52-046, Crab Fishery--Seasons and Areas;
Excluding those portions of the amendments affecting Dungeness Bay which shall be reconsidered in light of the Commission's adopted policy and the discussions today.

Because the motion must identify specific rule language that would be amended to exclude those portions affecting Dungeness Bay, Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to table consideration of adoption of the motion until the January 18, 2001 Commission conference call, as the first matter on the agenda. The motion carried unanimously.

The Department will work the Puget Sound Dungeness Crab Advisory Group to draft rule language that would provide some opportunity for commercial fishing in the inner portion of Dungeness Bay, consistent with policy language.

AMENDMENT TO HERRING PURSE SEINE FISHERY:

Greg Bargmann presented the Department's recommendation of adoption of a permanent amendment to WAC 220-49-020, Herring and Anchovy-Seasons-Lawful Gear-Purposes, to close the commercial purse seine fishery for herring and anchovy in Marine Fish/Shellfish Areas 23A, 23B, 23C, 23D, and 29.

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

Commissioner Shiosaki moved, seconded by Commissioner Reynolds, to adopt the permanent amendment to WAC 220-49-020, Herring and Anchovy--Seasons--Lawful Gear--Purposes. The motion carried unanimously.

The Department is to inform the Commission immediately if there is a change in the herring resource.

AMENDMENTS TO COMMERCIAL OCTOPUS FISHERY RULES:

Morris Barker presented the Department's recommendation of adoption of permanent amendments to commercial octopus fishery rules to close directed octopus harvest taken under shellfish pot license.

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

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

- WAC 220-52-063, Octopus Fishery; and
- WAC 220-52-075, Shellfish Harvest Logs, to remove the word "octopus" from line 4 and line 10 of the introductory paragraph and to delete Section (7).

The motion carried unanimously.

AMENDMENT TO REMOVE SEASONAL CLOSURE FOR REGISTERED AQUATIC FARMS:

Morris Barker presented the Department's recommendation of adoption of a permanent amendment to WAC 220-52-020, Clams-Puget Sound-Seasons and Areas, to remove the set seasonal closure for shellfish toxins affecting commercial shellfish harvest.

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

Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-52-020, Clams-Commercial Harvest. The motion carried unanimously.

ADOPTION OF BOTTOMFISH TRAWL CLOSURE:

Morris Barker presented the Department's final recommendation of adoption of permanent amendments to the following rules to restrict trawl fishing in all coastal state waters and Area 29 to protect inshore rockfish stocks: WAC 220-44-030, Coastal Bottomfish Gear; and WAC 220-48-015, Beam Trawl and Bottom Trawl-Seasons.

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

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

- WAC 220-44-030, Coastal Bottomfish Gear; and
- WAC 220-48-015, Beam Trawl and Bottom Trawl--Seasons.

To put the area south of the Westport line back into the trawl closure, Commissioner Cahill moved, seconded by Commissioner Van Gytenbeek, to amend the motion to modify WAC 220-44-030 to remove reference to Catch Reporting Areas 60A-1 and 60A-2 from the opening paragraph, Section (1)(g), and Section (2)(c) and replace with Area 60A. The motion to amend the motion was withdrawn because the motion did not put the area south of the Westport line back into the trawl closure as intended.

Commissioner Cahill moved, seconded by Commissioner Shiosaki, to amend the motion to modify WAC 220-44-030, Section (1)(h) to read as follows: "Area restriction: It is unlawful to use otter trawl or beam trawl gear in state territorial waters (0-3 miles) within Areas 58A, 58B, 59A, 59B, 60A-1 or 60A-2." The motion to amend the motion carried.

Commissioner Roehl expressed concern with the established 60,000-pound quota's cutoff date of July 1 which is used because of historical landing patterns. Fishers are not able to reach that goal now, even with some extensions that have been granted. Therefore, Commissioner Roehl moved, seconded by Commissioner Tuck, to amend the motion to modify WAC 220-48-015, Section (1)(e) to read as follows: "Areas 20A, 20B, 21A, 22A and 22B are closed in waters deeper than 40 fathoms from the later of the date the established quota has been obtained or July 1 through December 31." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to reconsider the motion to adopt the main motion, as amended. The motion carried unanimously.

Commissioner Roehl wanted to reconsider his motion because reaching the quota has nothing to do with a cutoff date.

Commissioner Roehl moved, seconded by Commissioner Cahill, to amend the motion to modify WAC 220-48-015, Section (1)(e) to read as follows: "Areas 20A, 20B, 21A, 22A and 22B are closed in waters deeper than 40 fathoms from such time as the Pacific cod quota has been obtained." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

The Department is to notify the public who testified on these rule proposals of the outcome.

2001-2002 SPORTFISH RULE PROPOSALS:

Pat Michael, Ross Fuller, and Morris Barker briefed the Commission on 2001-2002 sportfish rule proposal highlights. This was for discussion and public input purposes only. Commission consideration of adoption of the rule proposals will occur at the February 9-10, 2001 Commission meeting; no additional public input will be accepted at that meeting.

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

OPEN PUBLIC INPUT:

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

APPROVAL OF COMMISSION MINUTES:

Commissioner Heinicke moved, seconded by Commissioner Van Gytenbeek, to approve the Minutes of the August 10-12, 2000 Commission meeting. The motion carried unanimously.

Commissioner Cahill moved, seconded by Commissioner Tuck, to approve the Minutes of the following:

- October 10, 2000 Commission conference call;
- November 2, 2000 Commission conference call;
- November 3-4, 2000 Commission workshop; and
- November 16, 2000 Commission conference call.

The motion carried unanimously.

MISCELLANEOUS AND MEETING DEBRIEF:

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to request that the Department present at the February 9-10, 2001 Commission meeting (prior to consideration of adoption of the sportfish rule proposals) an update on rockfish populations in Areas 3, 4, and 5. The motion carried unanimously.

Commissioners Cahill and Roehl suggested that the Department provide the Commission with better maps, such as nautical charts and U.S. Geological Survey maps, instead of the computer-generated ones. Context maps showing areas being discussed should also be provided.

Chairman White adjourned the meeting at 3:00 p.m.

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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