ATTENDANCE:
Commission	Public (Continued)
Ron Ozment, Chair	Polly Fischer, Skagit County MRC
Fred Shiosaki, Vice Chair	Jeff Feagin, Puget Sound Anglers
Ken Chew	J.K. Johnson, WA State Muzzleloaders Assoc.
John A. Hunter	Bill Frymire, AGO
Holly Ledgerwood	Roy Morgan
Clyde McBrayer	Jim Jorgensen, Puget Sound Anglers
Will Roehl	Allen Hollingsworth
J. Pete Schroeder	Mark Cedergreen, Westport Charterboat Assoc.
Bob Tuck	Robin Downey, Pacific Coast Shellfish Growers
	Wayne Wright, Chelan County PUD
	Tracy Yount, Chelan County PUD
Commission Staff:	Frank Urabeck, Trout Unlimited
Susan Yeager	Robert Kehoe, Purse Seine Vessel Owners Assoc.
Nancy Burkhart	Randy Babich, Purse Seine Vessel Owners Assoc.
	Teri Ward, Hood Canal Seafood
Department	Marion Lakenes, Hood Canal Seafood
Jeff Koenings, Director	Dan Leinan, City of Forks
Larry Peck, Deputy Director	Marv Milosevich
Jim Lux	Chuck Green
Lew Atkins	Richard Good, WA Trollers Assoc.
Phil Anderson	John Williamson, Puget Sound Anglers
Evan Jacoby	Jim Pearson, SCI
Mike Cenci	Greg Mueller, WA Trollers Assoc.
Ginna Correa	Carl Burke, NW Sportfishing Industry Assoc.
Jeff Skriletz	B.J. Thorniley, Wa State Trappers; W/L Conserv.
Dinnis beich	Corey Freeman, RecreationalFishing Alliance
Bill Tweit	Clayton Isom
Pat Pattillo	Todd Ripley, Wild Steelhead Coalition
Morris Barker	John McKinley
Ross Fuller	Jon Fulwiler, Reel News
Pat Michael	Oliver Waldman, Salmon for All
Cindy LeFleur	James Wells, Salmon for All
Guy Norman	Tan Vinh, Seattle Times
Carl Klein	Greg Gilbert, Seattle Times
Dustin Prater	Bob Van Siclen
Greg Haw	J.M. Harrop
Bruce Bjork	John McDowell, CPR-Fish
Matt Monda	Winston Falls, Vancouver Wildlife
Other Department staff	Jerry Larson, Vancouver Wildlife
	Larry W. Snyder, Vancouver Wildlife
Public	Gary Buckman
Christopher Stearns	Dave Croonquist, PSRFEOC; SCPAG; PSA
Don Walker	Craig Lynch
Jim Harmon, SW WA Anglers	Bart Phillips, Clark-Skamania Fly Fishers
Ed Wickersham, Clark-Skamania Fly Fishers	Steve Gray, Bell Buoy Crab Company
Steve Fransen	Ed Scheren
Jeff Hamblin	Francis Estalilla
Jerry Bennett	Jack Wyatt
Vern Forsberg	Joel Ripley, Clark County
Darcy Norris	Joe Little, Sport Fishing Guides of WA
Chester Allen, The Olympian	Fred Ostling
Kent Martin	Irene Martin
Jerry Johnson	Chris Doumit, Doumit Fish Company
Frances Clarke	Gary Paffhouse
Gary Loomis, Fish First	Jeff Tuttle
Steve Talbot	Bob Darmiento
Irene Boldt, South Sound Fly Fishers	Robert Sudar, Fall Creek Fish/SFA
Timothy Stouffer, Recycled Fish	Brian Simonseth, Fidalgo Fly Fishers
Ramon Vanden Brulle, WA Trout	Bob Reid, CPR-Fish
John Anderson	John Abbot
Don McMillen	Bob Baker
Debra Stevens	Myron Saikewicz, South South Fly Fishers
Chad Prohuska	Dave Becker
Steve Ericsson	Laurence A. Bucklin
Kurt Fralick	Ron Layton
Kristan Norris	Jim Christiansen
Richard Hunt, Wild Steelhead Coalition	Terry Turner, WA Council of Trout Unlimited
Michael F. Barrett	John H. Webster, Fish First
Paul J. Cox	Phil Wallace
Vern Dollar, Fish First	David D. Merrimas
Dan Lyons	Hans M. Mak
George Trott
Gary Hulsey

FRIDAY, FEBRUARY 4:

Chair Ozment called the meeting to order at 9:04 a.m.

APPROVAL OF MINUTES:
Commissioner Hunter moved, seconded by Commissioner Ledgerwood, to approve the minutes of the following:

- January 6, 2005, Commission conference call;
- January 14-15, 2005, Commission workshop; and
- January 20, 2005, Commission conference call.

The motion to approve the minutes 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.

BUDGET UPDATE:
Jim Lux provided a status report on the Department's budget.

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

BUDGET DEVELOPMENT PROCESS -- BRIEFING:
Jim Lux briefed the Commission on the requirements for and process by which the Department’s operating and capital budgets are developed and brought to the Commission for consideration and submittal to the Office of Financial Management.

CATCH DATA RECORDING AND DEFINITION OF “DELIVERY” -- RULE ACTION:
Evan Jacoby and Mike Cenci presented WAC 220-16-007, Definition--Delivery, and WAC 220-69-310, Sale under a direct retail endorsement; that would clarify the need for a delivery license. Also presented were permanent amendments to WAC 220-69-240, Duties of commercial purchasers and receivers, WAC 220-69-241, Duties of commercial fishers, and WAC 220-69-280, Fish receiving ticket accountability. These are mainly housekeeping changes to clarify catch data rules.

Two individuals provided oral testimony on the rule proposals and proposed permanent amendments during the meeting.

Commissioner Roehl moved, seconded by Commissioner Hunter, to adopt WAC 220-16-007, Definition--Delivery, and WAC 220-69-310, Sale under a direct retail endorsement, as filed with the Code Reviser’s Office and amended by staff. The motion to adopt the rule proposals carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Ledgerwood, to adopt the permanent amendments to WAC 220-69-2410, Duties of commercial purchasers and receivers, WAC 220-69-241, Duties of commercial fishers, and WAC 220-69-280, Fish receiving ticket accountability. The motion to adopt the permanent amendments carried unanimously.

LANDOWNER INCENTIVE PROGRAM UPDATE -- BRIEFING:
Ginna Correa and Jeff Skriletz briefed the Commission on the Landowner Incentive Program (LIP), which is a competitive grant process to provide financial assistance to private landowners for the protection, enhancement, or restoration of habitat to benefit “species at risk” on privately owned lands.

BURCH MOUNTAIN POWER LINE -- BRIEFING:
Dennis Beich, Matt Monda, and Tracy Yount and Wayne Wright (Chelan County PUD) briefed the Commission on the Burch Mountain Power Line easement across the Department’s Swakane Wildlife Area in Chelan County.

KLICKITAT HATCHERY TRANSFER -- DECISION:
Bill Tweit briefed the Commission on the proposed transfer of real title for the Klickitat Hatchery and relinquishment of the Castile Falls easement to the Yakama Nation. Department staff also had briefed the Commission at its June 6-7, 2003, and October 1-2, 2004, workshops.

Due to continuing negotiations, Department staff recommended that the Commission delay action to its April 8-9, 2005, Commission meeting in Moses Lake, depending on status of the negotiations. The Commission concurred with the Department’s recommendation.

Commissioner Tuck recused himself from discussion.

NORTH OF FALCON POLICY -- DECISION:
Phil Anderson and Pat Pattillo presented the 2005-2006 North of Falcon Policy (C-3608), for approval. Department staff briefed the Commission on the proposed changes from the previous policy at the January 14-15, 2005, Commission workshop.

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

Commissioner Roehl moved, seconded by Commissioner Schroeder, to approve the 2005-2006 North of Falcon Policy (C-3608) as proposed.

Commissioner Roehl moved, seconded by Commissioner Hunter, to amend the motion by inserting “and in-season” on page 1 under the heading General Provisions and following “…shall guide pre-season…”. The motion to amend the motion carried unanimously.

The motion, as amended, to adopt the Policy carried unanimously.

LANDING RECREATIONALLY CAUGHT FISH TAKEN IN CANADA WATERS INTO WASHINGTON PORTS -- RULE ACTION:
Phil Anderson and Mike Cenci presented proposed permanent amendments to WAC 220-56-156, Landing Canadian origin food fish and shellfish that would allow, in some form and circumstances, landings of recreationally caught salmon from Canadian waters into Washington state.

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

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt WAC 220-56-156, Landing Canadian origin food fish and shellfish, as filed with the Code Reviser’s and amended by staff.

Commissioner Roehl moved, seconded by Commissioner Ledgerwood, to amend the motion by adding “Sydney” after “White Rock”, and by adding “Harbour” after “Bedwell”. The motion to amend the motion carried unanimously.

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

SALE OF WILD SHELLFISH -- RULE ACTION:
Evan Jacoby and Lisa Veneroso presented permanent rule proposals that would establish a trial fishery license for harvesting wild embedded shellfish on private property and provide harvest accountability for purposes of better understanding wild shellfish populations:

- Amendments to WAC 220-52-018, Clams--Gear;
- Amendments to WAC 220-52-020, Clams--Commercial harvest;
- WAC 220-88D-010, Emerging commercial fishery--Commercial wild clams, mussels, and oyster shellfish fishery on nonstate tidelands and bedlands
- WAC 220-88D-020, Designation of the commercial wild clams, mussels, and oyster harvest on nonstate lands as an emerging commercial fishery;
- WAC 220-88D-030, Eligibility to participate in the nonstate lands commercial wild clams, mussels, and oyster shellfish fishery; and
- WAC 220-88D-040, Nonstate lands commercial wild clams, mussels, and oysters--Application requirements--Survey and notification requirements--Incidental take prohibited.

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

To allow more time for stakeholder involvement in the rulemaking process, Commissioner Roehl moved, seconded by Commissioner Tuck, to continue the public hearing and rule action to the March 4-5, 2005, Commission Meeting in Olympia. The motion carried unanimously.

GEODUCK FISH TICKET COPY DISTRIBUTION -- RULE ACTION:
Morris Barker presented proposed permanent amendments to WAC 220-69-26401, Distribution of copies of shellfish receiving ticket, that would create a process for the Department of Natural Resources to more accurately track and account for geoduck harvest.

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

Commissioner Tuck moved, seconded by Commissioner Hunter, to adopt the permanent amendments to WAC 220-69-26401, Distribution of copies of shellfish receiving ticket, as proposed. The motion to adopt the permanent amendments carried unanimously.

COMMERCIAL RAZOR CLAM FISHERY -- RULE ACTION:
Morris Barker presented proposed permanent amendments to WAC 220-52-030, Clams--Coastal--Seasons and areas, that would clarify licensing requirements, provide better enforcement capability, and ensure fairness for licensed commercial razor clam diggers.

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

Commissioner Tuck moved, seconded by Commissioner Hunter, to adopt the permanent amendments to WAC 220-52-030, Clams--Coastal--Seasons and areas, as proposed. The motion to adopt the permanent amendments carried unanimously.

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

Chair Roehl recessed the meeting at 5:20 p.m.

SATURDAY, FEBRUARY 5:

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

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

BULL TROUT CRITICAL HABITAT -- BRIEFING:
At the request of the Commission, Ross Fuller briefed the Commission on the revised critical habitat designation for Bull Trout, and provided a comparison between the previous method and the revised method for designating critical habitat.

COLUMBIA RIVER WILD WINTER STEELHEAD IMPACT RATE -- DECISION:
Guy Norman and Cindy LeFleur presented for approval of a new Commission policy, 2005 Wild Winter Steelhead Management in Mainstem Columbia River Fisheries (C-3614), including delegation of authority to the Director to develop the final management regime in consultation with the Oregon Department of Fish and Wildlife. Department staff briefed the Commission on this issue at the January 14-15, 2005, Commission workshop in Olympia.

Forty-two individuals provided oral testimony on the proposed policy during the meeting.

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt the 2005 Wild Winter Steelhead Management in Mainstem Columbia River Fisheries Policy (C-3614) as proposed.

Commissioner Roehl moved, seconded by Commissioner Ledgerwood, to amend the motion by adding the delegation of authority to the Director, through the Columbia River Compact process, to set seasons for sport and commercial fisheries in the Columbia River, and to adopt permanent and emergency regulations to implement these fisheries. The motion to amend the motion carried unanimously.

Commissioner Schroeder moved, seconded by Commissioner Tuck, to amend the motion by changing “2%-4%” to “0%-4%”. The motion to amend the motion carried.

Commissioner Hunter moved, seconded by Commissioner Tuck, to amend the amendment by changing “0%-4%” to “2% or less”. The motion failed.

The motion, as amended, carried.

2005-2006 SPORTFISHING RULES -- RULE ACTION:
Ross Fuller presented proposed permanent amendments to:

- WAC 220-56-115, Angling--Lawful and unlawful acts;
- WAC 220-56-118, Fish handling rules--Removal from water;
- WAC 220-56-128, Food fish fishing--Closed areas;
- WAC 220-56-129, Unclassified freshwater invertebrates and fish;
- WAC 220-56-130, Unclassified marine invertebrates and fish;
- WAC 220-56-282, Sturgeon--Areas, seasons, limits and unlawful acts;
- WAC 220-56-310, Shellfish--Daily limits;
- WAC 220-56-315, Crabs, shrimp, crawfish--Unlawful acts;
- WAC 220-56-320, Shellfish gear--Unlawful acts;
- WAC 220-56-325, Shrimp--Areas and seasons;
- WAC 220-56-326, Shrimp--Unlawful acts;
- WAC 220-56-330, Crab--Areas and seasons;
- WAC 220-56-350, Clams other than razor clams, mussels--Areas and seasons;
- WAC 220-56-380, Oysters--Areas and seasons;
- WAC 220-69-236, Description of catch record cards and required information;
- WAC 232-12-619, Permanent Washington statewide game fish rules; and
- WAC 232-28-619, Washington food fish and game fish--Freshwater exceptions to statewide rules.

Public testimony was received on the rule proposals at the November 5-6, 2004, Commission workshop; no additional public input was accepted at this meeting.

Commissioner Shiosaki moved, seconded by Commissioner McBrayer, to adopt WAC 220-56-115, Angling--Lawful and unlawful acts, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioners Ozment and Chew were absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt WAC 220-56-118, Fish handling rules--Removal from water, as filed with the Code Reviser’s Office and amended by staff. The motion to adopt the permanent amendments carried unanimously. (Commissioners Ozment and Chew were absent during discussion and vote on the motion.)

Commissioner Hunter moved, seconded by Commissioner Shiosaki, to adopt WAC 220-56-128, Food fish fishing--Closed areas, as filed with the Code Reviser’s Office and amended by staff. The motion to adopt the permanent amendments carried unanimously. (Commissioners Ozment and Chew were absent during discussion and vote on the motion.)

Commissioner Hunter moved, seconded by Commissioner Shiosaki, to adopt WAC 220-56-129, Unclassified freshwater invertebrates and fish, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Commissioner Hunter moved, seconded by Commissioner Shiosaki, to adopt WAC 220-56-130, Unclassified marine invertebrates and fish, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Ledgerwood, to adopt WAC 220-56-282, Sturgeon--Areas, seasons, limits and unlawful acts, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt WAC 220-56-310, Shellfish--Daily limits, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Commissioner Hunter moved, seconded by Commissioner Shiosaki, to adopt WAC 220-56-315, Crabs, shrimp, crawfish--Unlawful acts; WAC 220-56-320, Shellfish gear--Unlawful acts; WAC 220-56-325, Shrimp--Areas and seasons; and WAC 220-56-326, Shrimp--Unlawful acts, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Commissioner Shiosaki moved, seconded by Commissioner Ledgerwood, to adopt WAC 220-56-330, Crab--Areas and seasons, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to adopt WAC 220-56-350, Clams other than razor clams, mussels--Areas and seasons, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt WAC 220-56-380, Oysters--Areas and seasons, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt WAC 220-69-236, Description of catch record cards and required information, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt WAC 232-12-619, Permanent Washington statewide game fish rules, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt WAC 232-28-619, Washington food fish and game fish--Freshwater exceptions to statewide rules, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

MISCELLANEOUS AND MEETING DEBRIEF:
The Commission discussed possible dates for a special meeting regarding Puget Sound recreational crab allocation rules. Commissioner Roehl moved, seconded by Commissioner Hunter, to delegate to Chair Ozment selection of the date for a special meeting regarding Puget Sound recreational crab allocation rules. The motion carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Commissioner Ledgerwood moved, seconded by Commissioner Shiosaki, to request the Department brief the Commission at the March 4-5, 2005, Commission meeting on management plans on publicly owned lands for gray wolves in Washington state. The motion to request Department action carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

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

Commissioner Shiosaki moved, seconded by Commissioner Ledgerwood, to adjourn the February 5-6, 2005, Commission meeting. The motion carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Chair Ozment adjourned the meeting at 3:00 p.m.

These minutes, plus the audio recording, constitute the full minutes.

* Commissioners Ozment and Chew were absent during discussion and vote on the motion.
** Commissioner Chew was absent during discussion and vote on the motion.

Commissioners in Attendance:
Ron Ozment, Chair
Fred Shiosaki, Vice Chair
Ken Chew
John A. Hunter
Holly Ledgerwood
Clyde McBrayer
Will Roehl
J. Pete Schroeder
Bob Tuck

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