Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
MEETING
February 2-3, 2007

Natural Resources Building, Rooms 175A and 175B
1111 Washington Street SE
Olympia, Washington

ATTENDANCE:
Commission Public
Jerry Gutzwiler, Chair Bruce Beatty
Miranda Wecker, Vice Chair John Erickson
Ken Chew Linda Erickson
Gary Douvia Harley Edwards
Conrad Mahnken Brad Wood, WA Falconers
Will Roehl Pam Douvia
Fred Shiosaki Chuck Barnes, Puget Sound Anglers
Shirley Solomon Peter Gayton, Wa Dept. of Personnel
Richard Roesler, The Spokesman Review
Kelly Toy, Jamestown S'Klallam Tribe
Commission Staff: Duane Fagergren, Puget Sound Action Team
Susan Yeager Dan Harris
Karen Childers
Department John Rantz, Puget Sound Crab Assn.
Jeff Koenings, Director Joe Verdoes, Puget Sound Crab Assn.
Larry Peck, Deputy Director Dick Colman
Sue Patnude Terry Wright, NW Indian Fisheries Commission
Tom Davis Berry Berejikian
Ron McQueen Laura Hendricks, Coalition Representing Henderson Bay, APHETI
Bill Frymire, AGO Kathryn Townsend, Coalition Representing Henderson Bay, APHETI
Lew Atkins Anne Mosness
Phil Anderson Earl Finn, Jr.
Michele Culver Robert Kehoe, Purse Seine Vessel Owners Assn.
Greg Bargmann Mark Cedergreen, Westport Charterboat Assn.
Rich Childers Kent Martin, Salmon For All
Lisa Veneroso Paul DeBryn, WA Falconers
Bob Sizemore Rick Liebel, Traditional Bowhunters of WA
Don Rothaus Walt Christensen, WA Muzzleloaders Assn.
Bob Gibbons Steve Link, WA State Bowhunters
Morris Barker Geoff Hirschi, WA Falconers
Brenda Kane Rob Kavanaugh
Eric Cummins Rory Calhoun, IAC
Dave Ware Stan Smith
Marc Daily
Kristi Walsh
Christy Vassar
David Lowry
Kirt Hughes
Theresa Nation
Jan Ulijohn
Other Department Staff

FRIDAY, FEBRUARY 2:

Chair Ozment called the meeting to order at 8:35 a.m.

APPROVAL OF MINUTES:
Commissioner Chew moved, seconded by Commissioner Wecker, to approve the minutes of the December 28, 2006, 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.

PERFORMANCE AND ACCOUNTABLITY UPDATE:
Sue Patnude provided a status report on the Department's strategic planning and performance measures process.

LEGISLATIVE SESSION UPDATE:
Tom Davis and Commissioners discussed the status of and Commissioner viewpoints on legislation related to the conservation and management of the fish and wildlife resources in Washington state.

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

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

HOOD CANAL OXYGEN LEVELS - BRIEFING:
Greg Bargmann, Jan Newton (Principle Oceanographer, University of Washington), and Duane Fagergren (Director of Special Projects, Puget Sound Action Team) briefed the Commission on the causes of low levels of dissolved oxygen, the impact on aquatic life, and cooperative solutions currently under consideration for Hood Canal.

PUGET SOUND DUNGENESS CRAB - BRIEFING:
Rich Childers and Lisa Veneroso briefed the Commission on the current status of Dungeness crab in Puget Sound and discussed changes and improvements to the crab estimation process.

PINTO ABALONE IN WASHINGTON STATE - BRIEFING:
Bob Sizemore and Don Rothaus briefed the Commission on the status of pinto abalone stocks in Washington.

MARINE FISH CULTURE POLICY REVIEW - BRIEFING AND PUBLIC HEARING:
At the request of the Commission, Phil Anderson presented proposed updates to the Commission's Marine Fish Culture Policy (C-3611). The Commission will consider final action on a revised policy at its March 9-10, 2007, Commission meeting in Olympia.

Four individuals provided oral testimony on the proposed Marine Fish Culture Policy during the meeting.

2007-2008 NORTH OF FALCON POLICY - DECISION:
Phil Anderson presented a revised North of Falcon Policy (C-3608) for Commission consideration. Public input was accepted during the January 12-13, 2007, Commission meeting in Olympia.

Commissioner Chew moved, seconded by Commissoner Shiosaki, to adopt the 2007-2008 North of Falcon Policy (C-3608) as proposed by staff. The motion carried unanimously.

RECREATIONAL HALIBUT FISHERIES - BRIEFING:
Phil Anderson and Michele Culver briefed the Commission on: (1) the status of Pacific halibut stock, (2) a summary of recreational halibut fisheries management, and (3) the public process used to develop and consider regulatory changes.

2007-2008 SPORTFISHING RULE CHANGE PROPOSALS - RULE ACTION:
Bob Gibbons and Morris Barker presented permanent rule amendments to the 2007-2008 sportfishing rules.

Commissioner Roehl moved, seconded by Commissioner Wecker, to adopt the permanent rule amendments to WAC 220-16-270, Puget Sound Shrimp Districts, as proposed. The motion carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt the permanent rule amendments to WAC 220-16-790, Zee's Reef Marine Preserve, as proposed. The motion carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Wecker, to adopt the permanent rule amendments to WAC 220-20-010, General provisions-Lawful and unlawful acts-Salmon, other fish and shellfish, as proposed. The motion carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Wecker, to adopt the permanent rule amendments to WAC 220-20-100, General provisions-Marine protected areas, as proposed. The motion carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Perry, to adopt the permanent rule amendments to WAC 220-55-070, Valid catch record card, as proposed. The motion carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Wecker, to adopt the permanent rule amendments to WAC 220-56-105, River mouth definitions, as proposed. The motion carried unanimously.

Commissioner Solomon moved, seconded by Commissioner Roehl, to adopt the permanent rule amendments to WAC 220-56-185, Marine area codes, as proposed. The motion carried unanimously.

Commissioner Solomon moved, seconded by Commissioner Perry, to adopt the permanent rule amendments to WAC 220-56-210, Fly fishing, as filed with the Code Reviser's Office as amended by staff. The motion carried unanimously.

Commissioner Solomon moved, seconded by Commissioner Mahnken, to adopt the permanent rule amendments to WAC 220-56-282, Sturgeon-Areas, seasons, limits and unlawful sites, as proposed. The motion carried unanimously.

Commissioner Solomon moved, seconded by Commissioner Shiosaki, to adopt the permanent rule amendments to WAC 220-56-315, Crabs, shrimp, crawfish-Unlawful acts, as proposed. The motion carried unanimously.

Commissioner Solomon moved, seconded by Commissioner Roehl, to adopt the permanent rule amendments to WAC 220-56-325, Shrimp-Areas and seasons, as proposed. The motion carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt the permanent rule amendments to WAC 220-56-350, Clams other than razor clams, mussels-Areas and seasons, as proposed. The motion carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Wecker, to adopt the permanent rule amendments to WAC 220-56-380, Oysters-Areas and seasons, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

Commissioner Solomon moved, seconded by Commissioner Wecker, to adopt the permanent rule amendments to WAC 220-28-619, Washington food fish and game fish-Freshwater exceptions to statewide rules, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

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

COMMISSION COMMITTEES:
Executive Committee: Jerry Gutzwiler (Chair), Will Roehl, Miranda Wecker
Enforcement/Regulatory: Conrad Mahnken, Miranda Wecker
Lands: Chuck Perry (Chair), Ken Chew, Shirley Solomon
Fish-Marine & Migratory: Shirley Solomon (Chair), Ken Chew, Cornad Mahnken, Will Roehl
Fish-Inland & Steelhead: Gary Douvia, Fred Shiosaki
Wildlife: Jerry Gutzwiler (Chair), Gary Douvia, Chuck Perry, Fred Shiosaki

Chair Gutzwiler recessed the meeting at 6:05 p.m.

SATURDAY, FEBRUARY 3:

Chair Gutzwiler called the meeting back to order at 8:30 a.m.

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

HUNTING OF GAME BIRDS AND ANIMALS BY PERSONS WITH A DISABILITY-RULE ACTION:
Brenda Kane presented permanent rule amendments to WAC 232-12-828, Hunting of game birds and animals by persons with a disability. The Commission accepted public testimony during its January 12-13, 2007, Commission meeting in Olympia.

Commissioner Shiosaki moved, seconded by Commissioner Chew, to adopt the permanent rule amendments to WAC 232-12-828, Hunting of game birds and animals by persons with a disability. The motion carried unanimously.

CAPTIVE PROPAGATION OF RAPTORS UPDATE - BRIEFING:
At the request of the Commission, Eric Cummins briefed the Commission on the status of implementing the raptor propagation rules that were modified in January 2005.

LANDOWNER DAMAGE HUNTS-RULE BRIEFING AND PUBLIC HEARING:
Dave Ware briefed the Commission on proposed rule amendments that would implement the Landowner Hunting Permit Program and clarify the statutory authority for issuing permits:

- WAC 232-28-266, Landowner damage hunts; and
- WAC 232-12-025, Hunts authorized pursuant to RCW 77.12.240.
The Commission will consider adopting permanent rule amendments at its March 9-10, 2007, Commission meeting in Olympia.

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

FUND SOURCES FOR HABITAT ACQUISITION-BRIEFING:
This agenda item was postponed to the March 9-10, 2007, Commission meeting in Olympia.

SUMMARY OF COMMISSION REQUESTS:
Commissioner Perry moved, seconded by Commissioner Solomon, to request the Department, along with representatives from the Biodiversity Council, present to the Commission at its April 6-7, 2007, Commission meeting an outline of landowner incentive ideas, composition and mission of the Biodiversity Council, and how it relates to and benefits wildlife habitat. The motion carried unanimously.

OPEN PUBLIC INPUT:
One individual provided 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 and after the preliminary agenda was published.

ETHICS TRAINING FOR COMMISSION MEMBERS-WORK SESSION:
Susan Harris, Executive Director of the Washington State Executive Ethics Board, provided ethics training for Commissioners.

Chair Gutzwiler adjourned the meeting at 1:15 p.m.





MEMOS AND AUTHORITIES FROM THE FEBRUARY 2-3, 2007
FISH AND WILDLIFE COMMISSION MEETING, OLYMPIA



Approval of Commission Minutes

- Motion by Perry, second by Wecker, to approve the minutes of the December 28, 2006, Commission conference call. The motion carried unanimously.

Approval of 2007-2008 North of Falcon Policy

- Motion by Chew, second by Shiosaki, to adopt the 2007-2008 North of Falcon Policy (C-3608) as proposed by staff. The motion carried unanimously.

Approval of 2007-2008 Sportfishing Rules
- Motion by Roehl, second by Wecker, to adopt the permanent rule amendments to WAC 220-16-270, Puget Sound Shrimp Districts, as proposed. The motion carried unanimously.
- Motion by Roehl, second by Shiosaki, to adopt the permanent rule amendments to WAC 220-16-790, Zee's Reef Marine Preserve, as proposed. The motion carried unanimously.
- Motion by Roehl, second by Wecker, to adopt the permanent rule amendments to WAC 220-20-010, General provisions-Lawful and unlawful acts-Salmon, other fish and shellfish, as proposed. The motion carried unanimously.
- Motion by Roehl, second by Wecker, to adopt the permanent rule amendments to WAC 220-20-100, General provisions-Marine protected areas, as proposed. The motion carried unanimously.
- Motion by Roehl, second by Perry, to adopt the permanent rule amendments to WAC 220-55-070, Valid catch record card, as proposed. The motion carried unanimously.
- Motion by Roehl, second by Wecker, to adopt the permanent rule amendments to WAC 220-56-105, River mouth definitions, as proposed. The motion carried unanimously.
- Motion by Solomon, second b y Roehl, to adopt the permanent rule amendments to WAC 220-56-185, Marine area codes, as proposed. The motion carried unanimously.
- Motion by Shiosaki, second by Perry, to adopt the permanent rule amendments to WAC 220-56-210, Fly fishing, as filed with the Code Reviser's Office as amended by staff. The motion carried unanimously.
- Motion by Solomon, second by Mahnken, to adopt the permanent rule amendments to WAC 220-56-282, Sturgeon-Areas, seasons, limits and unlawful sites, as proposed. The motion carried unanimously.
- Motion by Solomon, second by Shiosaki, to adopt the permanent rule amendments to WAC 220-56-315, Crabs, shrimp, crawfish- Unlawful acts, as proposed. The motion carried unanimously.
- Motion by Solomon second by Roehl, to adopt the permanent rule amendments to WAC 220-56-325, Shrimp-Areas and seasons, as proposed. The motion carried unanimously.
- Motion by Roehl, second by Shiosaki, to adopt the permanent rule amendments to WAC 220-56-350, Clams other than razor clams, mussels-Areas and seasons, as proposed. The motion carried unanimously.
- Motion by Roehl, second by Wecker, to adopt the permanent rule amendments to WAC 220-56-380, Oysters-Areas and seasons, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.
- Motion by Solomon, second by Wecker, to adopt the permanent rule amendments to WAC 220-28-619, Washington food fish and game fish-Freshwater exceptions to statewide rules, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.
Approval of Hunting Game Birds and Animals by Persons with a Disability Rules

- Motion by Shiosaki, second by Chew, to adopt the permanent rule amendments to WAC 232-12-828, Hunting of game birds and animals by persons with a disability. The motion carried unanimously.

Commission Request to the Department

- Motion by Perry, second by Solomon, to request the Department, along with representatives from the Biodiversity Council, present to the Commission at its April 6-7, 2007, Commission meeting an outline of landowner incentive ideas, composition and mission of the Biodiversity Council, and how it relates to and benefits wildlife habitat. The motion carried unanimously.




Commissioners in Attendance:
Jerry Gutzwiler, Chair
Miranda Wecker, Vice Chair
Ken Chew
Gary Douvia
Conrad Mahnken
Chuck Perry
Will Roehl
Fred Shiosaki
Shirley Solomon

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