ATTENDANCE:
Commission	Public (Cont.)
Kelly White, Chairman	Jim Hearn
Russ Cahill, Vice Chairman	Rob Kavanaugh
Don Heinicke	Chuck Towslee, Puget Sound Anglers
Dean Lydig	Richard Rzesutek
John McGlenn	Walt Phillips
Lisa Pelly	John Edmunds
Will Roehl	Walt Christensen, WA State Muzzleloaders Assn.
Bob Tuck	Rory Calhoun, Citizen Task Force for the Disabled
	James Flack
Commission Staff:	Jim Baker, Sierra Club
Debbie Nelson	Eric Espenhorst, Friends of the Earth
	Llyn Doremus
Department	Glen Spain, Pacific Coast Fed. of Fishermen's Assns.
Jeff Koenings, Director	Roy Sampsel
Larry Peck, Deputy Director	Larry Cassidy, NW Power Planning Council
Joan Keller	Charlie Petrorly, Idaho Dept. of Fish and Game
Jim Lux	Earl Weber, Columbia River Inter-tribal Fish Com.
Dan Budd	Jeremy Brown, WA Trollers Assn.
Elyse Kane	Dan Bihary, WA State Bowhunters Assn.
Bruce Crawford	Melina Mara, The Bremerton Sun
Neil Wise	Bobby Bowman, WA State Muzzleloaders Assn.
Greg Bargmann	Richard Reimann, WA Bowhunter Ed.
Randy Carmen	Kyle Winton, WA State Archery Assn.
Morris Barker	Larry DePaul, Cady Lake Manor
Pat Michael	Ron Lauzon
Guy Norman	J.K. Johnson, WA State Muzzleloaders Assn.
Jim Nielson	Myrow Simmons
Bill Hopley	Don Walker
Olaf Langness	Bobbie Thorniley, WA State Trappers Assn.
Scott Smith	Andy Waibes, Grays Harbor Disabled Sportsperson Assn.
Phil Anderson	Georg Ziegltrum, WA Forest Protection Assn.
Rob Costello	Jim Hull
Bill Frymire	Larry Swansen, SWWA
Other Department Staff	Allan Poobus
Public	Barbara Lindsay, NW Sportfishing Industry Assn.
Ric Abbott, Trout Unlimited	Frank Cerniwey, Fed. of Fly Fishers
Barney Espenson, Columbia Basin Bulletin	Lanny Carpenter, Puget So. Gillnetters Assn.
Pete Kruger, Sr.	Allan Hollingsworth, Grays Harbor Gillnetters
Bob Johnson, Trout Unlimited	Gerry Erickson, Defenders of Wildlife
Dewayne Vetter, Kitsap Poggie Club	Greg Mueller, WA Trollers Assn.
Shari Stoican, Puget So. Anglers	Bob Lake, Willapa Bay Gillnetters
Howard Schaller, Oregon Dept. of Fish and Wildlife	Lisa Andrews, Save Our Wild Salmon
Ed Owens	Bill Robinson
John Edmunds	Dave Parsons
Frank Urabeck, NMTA	Tony Forsman, NW Indian Fisheries Commission
Todd Wilbur, NW Indian Fisheries Commission	Doug Fricke, WA Trollers
Jim Olson, WA Trollers	Greg Kluh
Clyde McBrayer	Frances Clark, NW Gillnetters Assn.

Friday, February 5:

Commissioner Pelly called the meeting to order at 10:01 a.m. and introduced Commissioner White as the new Commission Chairman. Chairman White presented Commissioner Pelly with an award of appreciation for her outstanding and faithful service as Chair of the Commission, January 1997 to January 1999.

COMMISSIONERS' DISCUSSION:

Commissioners discussed recent activities and items of general interest.

DIRECTOR'S REPORT:

Director Koenings reviewed significant Department issues and activities since the December 1998 Commission meeting.

Commissioner Pelly suggested the Department present at the March Commission workshop an update on implementation of the Wild Salmonid Policy.

CITIZEN TASK FORCE FOR THE DISABLED - UPDATE:

Joan Keller and Rory Calhoun presented an update on current and future activities of the Citizen Task Force for the Disabled.

OPEN PUBLIC INPUT:

Three individuals provided oral testimony on issues of concern.

BUDGET UPDATE:

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

PROPOSED LAND TRANSACTIONS:

Dan Budd presented the Department's recommendation of approval of numerous land transactions.

Commissioner Roehl moved, seconded by Commissioner McGlenn, to approve the following land transactions:

• Acquisition of the 200-acre Nature Conservancy-Wheatco property and the 40-acre Nature Conservancy-Barnard property in Douglas County for $74,000;
• Acquisition of the 21.01-acre Byers property in Okanogan County for $135,000;
• Acquisition of the 7.5-acre Ogg property in Mason County for $517,000;
• Acceptance of the donation of the 6.04-acre Rozell property in Jefferson County; and
• Sale of the Department's surplus 159.7-acre Griffin property in Franklin County to Big Cherry Orchards Partnership for $302,592.

The motion carried unanimously.

MANDATORY BOWHUNTER EDUCATION - BRIEFING:

Mik Mikitik presented the results of the Department's feasibility study on mandatory bowhunter education training for Washington bowhunters.

The Commission took no action on this issue at this time.

MINUTES:

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

• October 27, 1998 Commission meeting
• November 2, 1998 Commission meeting
• November 10, 1998 Commission conference call
• November 12, 1998 Commission conference call
• November 14, 1998 Commission workshop
• November 25, 1998 Commission conference call
• December 1, 1998 Commission meeting
• December 4-5, 1998 Commission meeting
• January 12, 1999 Commission conference call
• January 14, 1999 Commission conference call
• January 15, 1999 Commission conference call
• January 19, 1999 Commission conference call.

Commissioner Pelly moved, seconded by Commissioner Roehl, to amend the motion to modify the Minutes of the December 4-5, 1998 Commission meeting to accurately reflect the Commission motion made during the PATH Science and the Snake River Hydro-Power Decision Briefing. The motion should read as follows: "Commissioner Tuck moved, seconded by Commissioner McGlenn, to arrange a joint Washington/Oregon Commission meeting with the specific purpose of a briefing on the PATH process, with the goal being a joint motion between the two Commissions on the Columbia/Snake process, hopefully in January. The motion carried unanimously." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

Commissioners agreed that Commission Minutes shall be distributed to the public only after they have been approved by the Commission.

INTERAGENCY HERRING RECOVERY PLAN - BRIEFING:

Greg Bargmann briefed the Commission on a coordinated plan by the Department of Natural Resources, Department of Ecology, and Department of Fish and Wildlife to manage leases and permits for construction of a new pier and permits for effluent discharge at Cherry Point which is the site for the largest herring stock in the state. This stock is in serious decline and has been selected as a candidate species for the state threatened and endangered species list.

COLUMBIA RIVER SMELT - DELEGATION OF AUTHORITY:

Greg Bargmann briefed the Commission on the status of the fish resource and fisheries management being developed by the Department and the Oregon Department of Fish and Wildlife. Greg presented the Department's recommendation that the Commission delegate authority to the Director to adopt permanent commercial rules for Columbia River smelt other than in the mainstem Columbia River; such rules shall be consistent with adopted Commission policies.

One individual provided oral testimony on the proposed delegation of authority during the meeting.

Commissioner Roehl moved, seconded by Commissioner Lydig, to delegate to the Director the authority to promulgate permanent rules for the commercial fisheries for

Columbia River smelt other than in the mainstem Columbia River; such rules shall be consistent with adopted Commission policies. The motion carried unanimously.

RAD GENETICS UNIT - BRIEFING:

Bill Hopley briefed the Commission on the major functions performed by the Resource Assessment Division Genetics Unit and related those functions to Department management needs.

BIOLOGICAL DATA SYSTEMS - BRIEFING:

Dick O'Connor briefed the Commission on data services provided to help fish managers make decisions on fish stock status to support harvest and escapement recommendations.

PUGET SOUND SHRIMP EMERGING COMMERCIAL FISHERY-- REPORT TO THE LEGISLATURE - BRIEFING:

Morris Barker briefed the Commission on the required report to the Legislature on Puget Sound emerging commercial shrimp fisheries.

ADOPTION OF 1999-2000 SPORTFISH RULE PROPOSALS:

Pat Michael presented the Department's final recommendation of adoption of the 1999-2000 sportfish rule proposals. (Note: Public input on the rule proposals was accepted at the December 4-5, 1998 Commission meeting; no additional public input was accepted at this meeting.)

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

• Permanent amendment to WAC 220-16-225, Geographical Definitions--Columbia River
• WAC 220-55-160, Free Fishing Weekend
• Permanent amendment to WAC 220-56-100, Definitions--Personal Use
• Permanent amendment to WAC 220-56-103, Definitions--Landlocked Chinook and Coho
• Permanent amendment to WAC 220-56-145, Possession of Food Fish or Shellfish in Unlawful Condition
• Permanent amendment to WAC 220-56-185, Marine Area Codes
• Permanent amendment to WAC 220-56-255, Halibut--Season
• WAC 220-56-267, Herring--Areas and Seasons
• Permanent amendment to WAC 220-56-270, Smelt--Areas and Seasons
• Permanent amendment to WAC 220-56-310, Shellfish--Daily Limits
• Permanent amendment to WAC 220-56-320, Shellfish Gear--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 220-56-380, Oysters--Areas and Seasons
• Permanent amendment to WAC 232-12-001, Definition of Terms
• Permanent amendment to WAC 232-12-018, Definitions--Landlocked Chinook and Coho
• 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 moved, seconded by Commissioner Lydig, to amend the motion to amend WAC 232-28-619 and remove "holders of a senior license" from the listing for Vance Creek/Elma Ponds (Grays Harbor County), Pond One. The motion to amend the motion was withdrawn.

The motion carried unanimously.

AMENDMENT TO DELETERIOUS EXOTIC WILDLIFE -- LISTING GREEN CRAB AND CHINESE MITTEN CRAB:

Scott Smith presented the Department's final recommendation of adoption of permanent amendments to the following rules:

• WAC 232-12-017, Deleterious Exotic Wildlife: This amendment would reference the amended zebra mussel rule (WAC 232-12-01701)
• WAC 232-12-01701, Zebra Mussels: This amendment would reflect aquatic nuisance species and include European green crab and Chinese mitten crab.

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

Commissioner Roehl moved, seconded by Commissioner Pelly, to adopt the permanent amendments to WAC 232-12-017, Deleterious Exotic Wildlife, and WAC 232-12-01701, Zebra Mussels, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

COLUMBIA RIVER BASIN MULTI-SPECIES FRAMEWORK - BRIEFING:

Larry Cassidy from the Northwest Power Planning Council and Roy Sampsel, a private consultant appointed by the Framework Committee, briefed the Commission on the effort to develop a series of scientifically based recovery options for overall management of the Columbia Basin ecosystem.

PATH SCIENCE AND THE SNAKE RIVER HYDRO-POWER DECISION:

The Commission received a staff briefing on the PATH 1998 final report, including testimony by staff experts from the Oregon Department of Fish and Wildlife, the Columbia River Inter-tribal Fish Commission, and the Idaho Department of Fish and Game. PATH (Plan for Analyzing and Testing Hypotheses) continues to evaluate seven proposals for the operation of dams on the Snake River that could improve fish runs. PATH remains an ongoing process that was established to contribute key biological information to any future decision concerning the future operations of the Snake River hydro system.

Guy Norman presented the Department's request for Commission endorsement of the PATH process results as the biological basis for formulating decisions concerning the operation and configuration of the Federal Columbia River power system.

Eight individuals provided oral testimony on this issue during the meeting.

Commissioner Tuck moved, seconded by Commissioner Lydig, that the Commission fully endorse PATH as the preferred process for developing biological information contributing to the decision-making process concerning alternatives for recovery of Snake River salmon and steelhead, and that the Commission direct the Department to continue its involvement in the PATH process.

Commissioner Pelly moved, seconded by Commissioner Lydig, to amend the motion to add the following language: "The Commission also believes that the processes involving the social and economic analyses are important to reaching a decision on the future of Snake River salmon and steelhead and urges a timely resolution." The motion to amend the motion failed.

The motion carried unanimously.

OPEN PUBLIC INPUT:

Two individuals provided oral testimony on issues of concern.

Chairman White recessed the meeting at 6:50 p.m.

Saturday, February 6:

Chairman White called the meeting back to order at 8:04 a.m.

DEPARTMENT/TRIBAL HUNTING MANAGEMENT GUIDELINES:

Todd Wilbur (Northwest Indian Fisheries Commission) and Phil Anderson provided a status update and the draft Department/Tribal Hunting Management Guidelines. Phil also presented a draft time line which outlines the public review process. The draft guidelines will be distributed for public review. Department staff will ask the Commission at its April meeting to address whether the guidelines are consistent with the Commission's previously-adopted Tribal Hunting Coordination Policy.

1999 NORTH OF FALCON PROCESS/POLICY GUIDELINES:

Bruce Crawford and Phil Anderson reviewed the North of Falcon process and presented the Department's recommendation of adoption of the 1999 North of Falcon Policy Guidelines. This policy is necessary to provide the Director the policy guidance necessary to complete and implement the annual state/tribal salmon management process consistent with the Commission's resource management responsibility and the provisions provided for under state/tribal management plan frameworks.

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

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt the North of Falcon policy document for 1999 as presented by Department staff, with the understanding that as part of the Year 2000's North of Falcon policy considerations, staff will develop, with recreational and commercial representatives, regional fishery management objectives for Grays Harbor, Willapa, and the lower Columbia River, and to encourage staff to develop fishery management objectives for regions within Puget Sound, as needed.

Commissioner Lydig moved, seconded by Commissioner McGlenn, to amend the motion to change the words "to encourage staff to develop" to "staff will develop". The motion to amend the motion failed.

Commissioner Roehl moved, seconded by Commissioner Pelly, to amend the motion to change language under the Gear Conflict section from "Unanticipated gear conflicts identified..." to "Unanticipated management issues identified..." The motion to amend the motion carried.

The motion, as amended, carried unanimously.

MISCELLANEOUS AND MEETING DEBRIEF:

Commissioner Pelly moved, seconded by Commissioner McGlenn, to request the Department provide the Commission with a briefing on water issues, in terms of

legislation and the Governor's Salmon Recovery Plan. The motion carried unanimously. Deputy Director Peck suggested that an update on TFW also be presented at the same time. Commissioner Pelly and Deputy Director Peck will work out the details.

Commissioner Roehl expressed his desire to have a future Commission discussion with fish managers and legal counsel to review in detail the legal parameters within which the Department must manage the fish and shellfish resources. Rob Costello will take the lead on putting together this discussion.

Commissioner Tuck requested he be provided with copies of Wildlife Management Area plans that have been completed.

EXECUTIVE SESSION:

The Commission met in Executive Session to review the performance of a public employee.

COMMISSION/DIRECTOR DISCUSSION:

The Commission met with Director Koenings for an informal discussion on roles and responsibilities of the Commission and the Director.

Commissioners White, Cahill, and Roehl and Deputy Director Peck will develop a draft work plan for the Director for review/approval by the Commission at its March workshop.

Chairman White adjourned the meeting at 2:45 pm.

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Approval of Land Transactions	Motion by Roehl, second by McGlenn, to approve the following land transactions: Acquisition of the 200-acre Nature Conservancy-Wheatco property and the 40-acre Nature Conservancy-Barnard property in Douglas County for $74,000; Acquisition of the 21.01-acre Byers property in Okanogan County for $135,000; Acquisition of the 7.5-acre Ogg property in Mason County for $517,000; Acceptance of the donation of the 6.04-acre Rozell property in Jefferson County; and Sale of the Department's surplus 159.7-acre Griffin property in Franklin County to Big Cherry Orchards Partnership for $302,592. The motion carried unanimously.
Approval of Minutes	Motion by Cahill, second by Lydig, to approve the Minutes of the following: October 27, 1998 Commission meeting November 2, 1998 Commission meeting November 10, 1998 Commission conference call November 12, 1998 Commission conference call November 14, 1998 Commission workshop November 25, 1998 Commission conference call December 1, 1998 Commission meeting December 4-5, 1998 Commission meeting January 12, 1999 Commission conference call January 14, 1999 Commission conference call January 15, 1999 Commission conference call January 19, 1999 Commission conference call. Motion by Pelly, second by Roehl, to amend the motion to modify the Minutes of the December 4-5, 1998 Commission meeting to accurately reflect the Commission motion made during the PATH Science and the Snake River Hydro-Power Decision Briefing. The motion should read as follows: "Commissioner Tuck moved, seconded by Commissioner McGlenn, to arrange a joint Washington/Oregon Commission meeting with the specific purpose of a briefing on the PATH process, with the goal being a joint motion between the two Commissions on the Columbia/ Snake process, hopefully in January. The motion carried unanimously." The motion to amend the motion carried unanimously. The motion, as amended, carried unanimously.
Columbia River Smelt - Delegation of Authority	Motion by Roehl, second by Lydig, to delegate to the Director the authority to promulgate permanent rules for the commercial fisheries for Columbia River smelt other than in the mainstem Columbia River; such rules shall be consistent with adopted Commission policies. The motion carried unanimously.
Adoption of 1999-2000 Sportfish Rule Proposals	Motion by McGlenn, second by Lydig, to adopt the following rule proposals, as filed with the Code Reviser's Office and amended by staff: Permanent amendment to WAC 220-16-225, Geographical Definitions--Columbia River WAC 220-55-160, Free Fishing Weekend Permanent amendment to WAC 220-56-100, Definitions--Personal Use Permanent amendment to WAC 220-56-103, Definitions--Landlocked Chinook and Coho Permanent amendment to WAC 220-56-145, Possession of Food Fish or Shellfish in Unlawful Condition Permanent amendment to WAC 220-56-185, Marine Area Codes Permanent amendment to WAC 220-56-255, Halibut--Season WAC 220-56-267, Herring--Areas and Seasons Permanent amendment to WAC 220-56-270, Smelt--Areas and Seasons Permanent amendment to WAC 220-56-310, Shellfish--Daily Limits Permanent amendment to WAC 220-56-320, Shellfish Gear--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 220-56-380, Oysters--Areas and Seasons Permanent amendment to WAC 232-12-001, Definition of Terms Permanent amendment to WAC 232-12-018, Definitions--Landlocked Chinook and Coho 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. Motion by Cahill, second by Lydig, to amend the motion to amend WAC 232-28-619 and remove "holders of a senior license" from the listing for Vance Creek/Elma Ponds (Grays Harbor County), Pond One. The motion to amend the motion was withdrawn. The motion carried unanimously.
Amendment to Deleterious Exotic Wildlife--Listing Green Crab and Chinese Mitten Crab	Motion by Roehl, second by Pelly, to adopt the permanent amendments to WAC 232-12-017, Deleterious Exotic Wildlife, and WAC 232-12-01701, Zebra Mussels, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.
PATH Science and the Snake River Hydro-Power Decision	Motion by Tuck, second by Lydig, that the Commission fully endorse PATH as the preferred process for developing biological information contributing to the decision-making process concerning alternatives for recovery of Snake River salmon and steelhead, and that the Commission direct the Department to continue its involvement in the PATH process. Motion by Pelly, second by Lydig, to amend the motion to add the following language: "The Commission also believes that the processes involving the social and economic analyses are important to reaching a decision on the future of Snake River salmon and steelhead and urges a timely resolution." The motion to amend the motion failed. The motion carried unanimously.
1999 North of Falcon Policy Guidelines	Motion by Cahill, second by Tuck, to adopt the North of Falcon policy document for 1999 as presented by Department staff, with the understanding that as part of the Year 2000's North of Falcon policy considerations, staff will develop, with recreational and commercial representatives, regional fishery management objectives for Grays Harbor, Willapa, and the lower Columbia River, and to encourage staff to develop fishery management objectives for regions within Puget Sound, as needed. Motion by Lydig, second by McGlenn, to amend the motion to change the words "to encourage staff to develop" to "staff will develop". The motion to amend the motion failed. Motion by Roehl, second by Pelly, to amend the motion to change language under the Gear Conflict section from "Unanticipated gear conflicts identified..." to "Unanticipated management issues identified..." The motion to amend the motion carried. The motion, as amended, carried unanimously.
Commission Requests to the Department	Motion by Pelly, second by McGlenn, to request the Department provide the Commission with a briefing on water issues, in terms of legislation and the Governor's Salmon Recovery Plan. The motion carried unanimously.

Commissioners in Attendance:

Kelly White, Chairman
Russ Cahill, Vice Chairman
Don Heinicke
Dean Lydig
John McGlenn
Lisa Pelly
Will Roehl
Bob Tuck

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