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

ATTENDANCE:
Commission	Public (Cont.)
Kelly White, Chairman	James Thomas
Russ Cahill, Vice Chairman	Heather Munro, West Coast Seafood Processors Assn.
Don Heinicke	J. D. Wade
Lisa Pelly	Jim Hearn
Dawn Reynolds	Jack Scherting, Baywatch of Port Townsend
Will Roehl	Bob Skoien, Baywatch of Port Townsend
Fred Shiosaki	George McLeod
Bob Tuck	Jerry Pate
Van Van Gytenbeek	Gary Hull
	Deea Niemi Hull
Commission Staff:	Scott Hagen
Debbie Nelson	Mark Storaasci
	Don Walker
Department	Beverly Ann Benedict
Jeff Koenings, Director	Rob Zuanich, PSVOA
Larry Peck, Deputy Director	Laura Whitaker
Jim Lux	Wayne Schwandt
Ross Fuller	Charles Bryant, Puget Sound Anglers
Pat Michael	John Gavin, Groundfish Forum
Bob Gibbons	Richard Schrock
Morris Barker	Roger Pederson
Curt Leigh	Mark Cedergreen, Westport Charterboat Assn.
Phil Anderson	Frank Urabeck, NMTA
Dick Burge	John Edmunds
Jay Odell	Jim Olson, WTA
Bill Frymire	Doug Fricke, WTA
Doug Millward	Gary Krein
Brian Culver	John Hjort
Other Department Staff	Bob Petrish
	Gorgon Ruh
Public	Jack Collins
Fred Habenicht, Steelhead Trout Club	Vern Sprague
Karen Thompson, Puget Sound Crab Assn.	Gary Burhillo
Polly Fischer, Puget Sound Anglers	Brad Sobjack
Ron Tingley, Wildcat Steelhead Club	Bob Mohr
Anthony Blorc, Arrowac Fisheries Inc.	H. Sager
Keith Johnson	Jim Thomas
Randy Richardson, Puget Sound Shrimp Assn.	Jim Drovdahl
Duane Nail	Charley Morgan
Steven Miller	Ed Herring
Bill James	Dan Stone
Jim Brigg	Charles Bryant, Puget Sound Anglers
David Vaughan	Leo Travenshek
Lynn Barcott	Lanny Pillatos, Puget Sound Crab Board
Brian Mackey	Terry McKean
Ray Crosby	Robert Moll
Pat Wicks	R. L. Johnson
Frank Gigo	Pete Castle
Steve Burton	Ed Knudsen
Joe Verdoes, PSCA	Donald Lee
Dan Froula	Richard Sandilands
Emily Dunn, PSCA	Chuck Mason, PSCA
Richard Hastings	Dennis Evans
Jason Raymond, PSCA	Jack Smith
John Sargent	Alfred Gauthier
Cliff Dompica	Ray Harding
Larry Wax	Archie Knudson
Virl Fann	Margaret and Bannister Farquken
Thomas and Paula MacGeorge	Pet Hilberry
Jim Bodding	John Rantz
Ken Crews	Bob Poulin
Jean Poulin	Michael Weaver, PSCA
Mike Page-English, Whidbey News-Times	Danny Beatty
Diane Billingsley	Bob Reitz
Gordon May	Lee Freeman
Pete Granger	Kevin Bright
Marshal Mastin
Gary Ritz

FRIDAY, FEBRUARY 4:

(Prior to the meeting, the Commission met in Executive Session to discuss current and/or potential litigation, then toured the Trident Seafoods Plant in Anacortes.)

Chairman White called the meeting to order at 1:35 p.m.

COMMISSIONERS' DISCUSSION:

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

Commissioner Shiosaki requested the Department present a future briefing to the Commission on the history of the Turnbull Wildlife Refuge and the potential for future elk hunting opportunity on the Refuge. Chairman White assured the Commission that the Commission's Wildlife Committee would take responsibility for completing this request.

Commissioner Pelly requested the Department review activities of the Kaminco Mining Company because of numerous significant violations.

Commissioner Pelly requested the Department present a future briefing to the Commission on technology within the Department.

DIRECTOR'S REPORT:

Director Koenings reviewed significant Department issues and activities.

BUDGET:

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

ADOPTION OF 2000-2001 SPORTFISH RULE PROPOSALS:

Bob Gibbons, Morris Barker, Doug Milward, and Ross Fuller presented the Department's final recommendation of adoption of the 2000-2001 sportfish rules and repeal of one outdated rule.

Public input on these rule proposals was accepted at the December 10-11, 199 Commission meeting; no additional public input was accepted at this meeting.

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

- Permanent amendment to WAC 220-16-257, Razor Clam Beds

- Permanent amendment to WAC 220-16-345, General Definitions--Time

- Permanent amendment to WAC 220-16-590, Orchard Rocks Conservation Area

- WAC 220-16-730, Colvos Passage Marine Preserve Area

- WAC 220-16-740, Waketickeh Creek Marine Reserve

- WAC 220-16-750, Saltar's Point Beach Marine Reserve

- Permanent amendment to WAC 220-20-010, General Provisions--Lawful and Unlawful Acts--Salmon, Other Food Fish and Shellfish

- Permanent amendment to WAC 220-56-103, Definitions--Landlocked Chinook and Coho

- Permanent amendment to WAC 220-56-105, River Mouth Definitions

- Permanent amendment to WAC 220-56-130, Unclassified Marine Invertebrates and Fish

- Permanent amendment to WAC 220-56-145, Possession of Food Fish or Shellfish in Unlawful Condition

- Permanent amendment to WAC 220-56-175, Catch Record Cards

- Permanent amendment to WAC 220-56-185, Marine Area Codes

- Permanent amendment to WAC 220-56-205, Hook Rules--Nonbuoyant Lures and Night Closures

- Permanent amendment to WAC 220-56-235, Possession Limits--Bottomfish

- Permanent amendment to WAC 220-56-240, Daily Limits Sturgeon, Smelt, Herring and Other Food Fish Not Otherwise Provided For

- Permanent amendment to WAC 220-56-250, Lingcod--Areas and Seasons

- Permanent amendment to WAC 220-56-280, Carp--Lawful Gear and Seasons

- Permanent amendment to WAC 220-56-295, Sturgeon--Unlawful Acts

- Permanent amendment to WAC 220-56-310, Shellfish--Daily Limits

- Permanent amendment to WAC 220-56-315, Crabs, Shrimp, Crawfish--Unlawful Acts

- Permanent amendment to WAC 220-56-330, Crab--Areas and Seasons

- Permanent amendment to WAC 220-56-350, Clams Other Than Razor Clams, Cockles, Borers, Mussels--Areas and Seasons

- Permanent amendment to WAC 220-56-372, Razor Clam Sanctuaries

- Permanent amendment to WAC 220-56-380, Oysters--Areas and Seasons

- Permanent amendment to WAC 220-57-160, Columbia River

- Permanent amendment to WAC 232-12-168, Fishing Contests

- Permanent amendment to WAC 232-12-619, Permanent Washington State-wide Game Fish Regulations

- Permanent amendment to WAC 232-28-619, Washington Game Fish--Exceptions to State-wide Rules.

Commissioner Cahill felt that since the burbot set line fishery is small, reducing the maximum number of hooks from ten to five would give more individuals a chance at this recreational fishery.

Commissioner Cahill moved, seconded by Commissioner Heinicke, to amend the motion to further amend WAC 232-12-619 to add the following language: "(12) Burbot taken with set line. Where use of a set line is allowed for burbot, a single set line identified with the fisher's name and address and a maximum of five hooks may be used," and to renumber the remaining sections, starting with (13). The motion to amend the motion carried unanimously.

Commissioner Cahill expressed concern that there are too few areas set aside for rockfish and bottom dwellers; increasing the size of the reserve could help these populations recover.

Commissioner Cahill moved, seconded by Commissioner Tuck, to amend the motion to amend WAC 220-16-740 to read as follows: "Waketickeh Creek Marine Reserve. "Waketickeh Creek Marine Reserve" is defined as those waters and bedlands from Waketickeh Creek (located 1000 yards northeast of Cummings Point) out perpendicular to shore 500 yards, then parallel to shore northeast 1700 yards, then back to shore along a line perpendicular to shore, excluding the area within 100 feet of ordinary high water." The motion to amend the motion carried.

Commissioner Cahill felt that a catch-and-release fishery in the Clearwater River would attract more anglers.

Commissioner Cahill moved, seconded by Commissioner Pelly, to amend the motion to further amend WAC 232-28-619 to read: "Clearwater River, from Snahapish River upstream: Year round season. Fishing from any floating device prohibited. All species. Selective gear rules. Release all fish." The motion to amend the motion failed.

Commissioner Pelly expressed concern over the two-wild fish limit in Cedar, Kalaloch, and Mosquito creeks. They are small streams, and the National Park Service and the Department have not been monitoring the wild fish in these streams.

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to amend the motion to further amend WAC 232-28-619 to change Cedar Creek, Kalaloch Creek, and Mosquito Creek to one wild fish per day and five per year. The motion to amend the motion failed.

Commissioner Shiosaki expressed concern that the regulation implies that electric motors are allowed.

Commissioner Shiosaki moved, seconded by Commissioner Van Gytenbeek, to amend the motion to further amend WAC 232-28-619, for Browns Lake and inlet streams, remove "Fishing from a floating device equipped with an internal combustion motor prohibited" and insert "Fishing from a floating device equipped with a motor prohibited." The motion to amend the motion carried unanimously.

Commissioner Van Gytenbeek expressed concern that surplus wild steelhead are just now returning to the Quillayute River system, Clearwater River, and Hoh River, and the Department should monitor these streams for the first year.

Commissioner Van Gytenbeek moved, seconded by Commissioner Shiosaki, to amend the motion to further amend WACs 232-28-619 and 232-12-619 to change the Quillayute River system (Bogachiel, Calawah, Dickey, Sol Duc and Quillayute rivers), Clearwater River, and Hoh River to allow one wild steelhead per day to be retained, with an annual limit of two wild steelhead, in the aggregate.

Commissioner White felt that providing more wild fish for harvest would encourage more fishers.

Commissioner White moved, seconded by Commissioner Tuck, to amend the motion to amend to change those rivers to allow one wild steelhead per day to be retained, with an annual limit of 10 wild steelhead, in the aggregate.

Because the Hoh River should not have been included in the original motion, Commissioner Tuck moved, seconded by Commissioner Pelly, to amend the amended motion to remove the Hoh River from the motion to amend. The motion to amend the amendment carried.

The motion to amend the amendment, as amended, carried unanimously.

The motion to amend the motion, as amended, carried unanimously.

Commissioner Reynolds expressed concern with leaving the bottomfish fishery open when population numbers are low.

Commissioner Reynolds moved, seconded by Commissioner Heinicke, to amend the motion to amend WAC 220-56-235 to close the rockfish fishery. The motion to amend the motion was withdrawn.

The motion, as amended, carried unanimously.

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to repeal WAC 232-12-018, Definitions--Landlocked Chinook and Coho. The motion carried unanimously.

(See Miscellaneous and Meeting Debrief, page 9, for Commission requests for Department action regarding rock fish harvest; fishing closures; and Kalaloch, Cedar, and Mosquito creeks.)

COLUMBIA RIVER DREDGING AND CHANNEL DEEPENING PROJECT UPDATE:

Curt Leigh presented a status report on the Columbia River dredging and channel deepening project.

Commissioner Cahill moved, seconded by Commissioner Shiosaki, to adopt a resolution to withhold Commission support for the proposed navigation project until the Corps agrees to implement and successfully complete the following measures:

- Specific research, monitoring, and mitigation plans for white sturgeon to assess and avoid long-term adverse population impacts;

- An extensive study to identify impacts of dredging on smelt and to identify ways to avoid, minimize, and mitigate them;

- Develop a plan to protect Dungeness crab during dredging and disposal (including monitoring prior to the action; appropriate adjustments in timing, location, and equipment selection to reduce impacts; and mitigation for unavoidable impacts);

- Develop mitigative measures for increased bank erosion and associated fish stranding that will result from larger wave action from deeper draft ships;

- Work with the state and local communities suffering from coastal erosion to facilitate disposal options that would make Columbia dredge spoils a better source of replenishment for eroding beaches; and

- Provide for WDFW staff to participate in the planning and implementation of the measures required by NMFS in their December 1999 Biological Opinion.

Commissioner Roehl moved, seconded by Commissioner Cahill, to table consideration of the motion until the March 17-18, 2000 Commission workshop. The motion carried unanimously.

The Habitat Committee will develop a list of questions for the Corps to address during its presentation at the March 17-18 Commission workshop.

ESTABLISHING A TRIAL COMMERCIAL FISHERY FOR PACIFIC SARDINE:

Phil Anderson and Brian Culver presented the Department's recommendation of approval of management measures for a trial ocean purse seine sardine fishery in 2000 and delegation of authority to the Director for adoption of regulations needed to manage this trial fishery.

One individual provided oral testimony on the proposed management measures during the meeting.

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to approve the management measures for a trial ocean purse seine sardine fishery in 2000 and to delegate the rule-making authority to the Director for regulations needed to manage this trial fishery. In addition, the Director will report back to the Commission at its November 2000 workshop regarding the results of the trial fishery and any recommendations regarding future fisheries he believes are warranted. The motion carried.

AMENDMENT TO SHELLFISH HARVEST LOG BOOK REQUIREMENTS:

Morris Barker presented the Department's final recommendation of adoption of a permanent amendment to WAC 220-52-075, Shellfish Harvest Logs, to ensure accurate harvest reporting of sea urchins, sea cucumbers, and shrimp.

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

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt WAC 220-52-075, Shellfish Harvest Logs, as filed with the Code Reviser's Office and amended by staff, and to instruct the Department to work with the industry to address their concerns. The motion carried unanimously.

Commissioners Roehl and Van Gytenbeek expressed the need for the Department to do a better job of communicating with user groups on all issues.

TRAWL IMPACTS -- BRIEFING:

Morris Barker briefed the Commission on impacts from trawling activity in Puget Sound.

Eight individuals provided oral testimony on impacts from trawling activity during the meeting.

OPEN PUBLIC INPUT:

Five individuals provided oral testimony on issues of concern.

Chairman White recessed the meeting at 7:40 p.m.

SATURDAY, FEBRUARY 5:

Chairman White called the meeting back to order at 8:30 a.m.

MODIFIED DELEGATION OF AUTHORITY TO DIRECTOR FOR PERMANENT FISHERY RULE MAKING FOR OCEAN WATERS INSIDE 3 MILES AND THE OUTER STRAIT OF JUAN DE FUCA:

Phil Anderson presented the Department's recommendation of extending the delegation of authority currently granted to the Director in the federal Exclusive Economic Zone (EEZ) to include Washington marine waters westerly of the Sekiu River mouth. This modified delegation would further ensure that rules passed by the State of Washington are consistent with those passed by the Pacific Fishery Management Council and Department of Commerce in the EEZ.

No oral testimony on the recommended delegation was received during the meeting.

Commissioner Shiosaki moved, seconded by Commissioner Cahill, to delegate the rule-making authority to the Director to adopt permanent regulations for fisheries inside three miles and in the outer Strait of Juan de Fuca consistent with Pacific Fishery Management Council regulations. The motion carried unanimously.

ADOPTION OF 2000 NORTH OF FALCON POLICY:

Phil Anderson presented the Department's recommendation of adoption of the proposed 2000 North of Falcon Policy. This policy is necessary to provide clearly understood Commission guidance to the Department in conduct of its annual delegated development of salmon fishery regulations through the North of Falcon management planning process and associated Pacific Fishery Management Council deliberations.

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

Commissioner Roehl moved, seconded by Commissioner Cahill, to adopt the 2000 North of Falcon Policy. The motion carried unanimously.

Commissioner Roehl requested the Department provide a status report on progress made toward requiring all gillnetters to use the same type of strip currently required in Puget Sound waters to avoid contact with birds. Commissioner Cahill suggested the Department report back on whether or not the fleet felt there was any difference in their efficiency from using the strip.

ADOPTION OF PUGET SOUND SHRIMP FISHERY POLICY:

Phil Anderson, Dick Burge, and Jay Odell presented the Department's recommendation of adoption of the proposed Puget Sound Shrimp Fishery Policy.

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

Commissioner Cahill moved, seconded by Commissioner Van Gytenbeek, to adopt the Puget Sound Shrimp Fishery Policy. The motion carried unanimously.

ADOPTION OF PUGET SOUND CRAB FISHERY POLICY:

Phil Anderson, Dick Burge, and Jay Odell presented the Department's recommendation of adoption of the proposed Puget Sound Crab Fishery Policy.

Twenty-one individuals provided oral testimony on the proposed policy during the meeting.

Commissioner Tuck moved, seconded by Commissioner Roehl, to adopt the Puget Sound Crab Fishery Policy.

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to amend the motion to add the following language to the Regional Management Policies for Region 4: "The Department will consider opening a limited commercial fishery in Region 4 if it is determined that there is a significant increase in crab abundance, provided conservation goals have been met." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

(See Miscellaneous and Meeting Debrief, below, for a Commission request for Department action regarding Dungeness crab.)

OPEN PUBLIC INPUT:

One individual provided oral testimony on issues of concern.

MISCELLANEOUS AND MEETING DEBRIEF:

Commissioner Van Gytenbeek moved, seconded by Commissioner Reynolds, to request that the Department identify the advisability, feasibility, and impacts of closing all rockfish harvest in Puget Sound and provide an initial briefing to the Commission at its August meeting. The motion carried unanimously.

Commissioner Van Gytenbeek moved, seconded by Commissioner Reynolds, to request that the Department prepare a feasibility analysis of conducting a population assessment of Dungeness crab in crustacean management Region 4 with the use of and in cooperation with the commercial and/or recreational industry representatives and present to the Commission at its April meeting. The motion carried unanimously.

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to request that the Department provide additional information, i.e., steelhead stock assessment, on Kalaloch,

Cedar and Mosquito creeks for consideration for the 2001-2002 season. The motion carried unanimously.

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to request that the Department provide direction on dealing with fishing closures and the Department's ability to rebate annual license fees and report back to the Commission at its August meeting. The motion carried unanimously.

Chairman White adjourned the meeting at 2:00 p.m.

(Following the meeting, Commissioners toured the Cypress Island Fish Farm near Anacortes to view saltwater salmon farming.)

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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