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

ATTENDANCE:
Commission	Public
Will Roehl, Chair	David Weekes, The Nature Conservancy
Ron Ozment, Vice Chair	Bill Robinson, The Nature Conservancy
Russ Cahill	John Floberg, The Nature Conservancy
Lisa Pelly	Dennis Axon
Dawn Reynolds	Jim Hull
Fred Shiosaki	Wayne Nelson, Clark Copunty PUD
Bob Tuck	Byron Hanke, Clark County PUD
Van Van Gytenbeek	Jane Van Dyke
Kelly White	Jeff Wittler, Clark County PUD
	Dean Sutherland, Clark County PUD
Commission Staff:	Graham Willmore
Susan Yeager	Dave Becker
	Kent Martin
Department	Irene Martin
Jeff Koenings, Director	Frances Clark, NW Gillnetters Assoc.
Larry Peck, Deputy Director	Les Clark, NW Gillnetters Assoc.
Jim Lux	Joe Verdoes, Puget Sound Shrimp Assoc.
Josh Weiss	Gary Penner
Tom Davis	Jim Pearson, Safari Club International
Tim Flint	Betty Beatty
Elizabeth Roderick	Bruce Beatty
Dave Brittell	Greg Christensen, Resources Coalition
George Wilhere	Candy Christensen, Resources Coalition
Phil Anderson	Lou Reebs
Morris Barker	Greg Mueller, WA Trollers Assoc.
Michele Robinson	Tom Paulu, The Daily News
Lisa Veneroso	Doug Fricke, WA Trollers Assoc.
Dan Budd	Robert Kehoe, Purse Seine Vessel Owners Assoc.
Dave Ware	Randall Babich
Shelly Snyder	Leigh McKeirnan
Don Kraege	Jim Hill
Greg Bargmann	Jon Hill
Bob Gibbons	Leo Howe
Pat Michael	Brian Foytack
Bill Frymire, AGO	Richard Dyrland, Friends of the E.F. Lewis River
Tim Smith	Stgeve Dragich
Craig Bartlett	Vince Gallucci, University of Washington
Lee Van Tussenbrook	Dennis Way, Clark-Skamania Flyfishers
Doug Williams	Craig Lynch, Clark-Skamania Flyfishers
Wolf Dammers	Hal Mahnke, Lower Columbia Flyfishers
Marc Miller	Dean Richardson
Eric Holman	Jack Kaeding, Fish First
Lew Adkins	Gary Loomis, Fish First
Other Department Staff	Halley Savage
	Ian Taylor, University of Washington
	Cindy Triburo, University of Washington
	Larry Schinke
	Frank Mercker

FRIDAY, FEBRUARY 7:

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

COMMISSIONERS' DISCUSSION:
Commissioners discussed recent activities and items of general interest and provided status reports on Commission activities.

DIRECTOR'S REPORT:
Director Koenings reviewed significant Department issues and activities.

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

LEGISLATIVE UPDATE:
Josh Weiss and Tom Davis briefed the Commission on current legislation.

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

ADOPTION OF DEEP RIVER MOUTH DEFINITION RULES:
Tim Flint presented WAC 220-16-290, Geographical Definitions--Deep River (Wahkiakum County) which would define for commercial fisheries the Highway 4 Bridge as the mouth of Deep River.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner Reynolds, to adopt WAC 220-16-290, Geographical Definitions--Deep River (Wahkiakum County), as filed with the Code Reviser's Office. The motion to adopt the rule proposal carried unanimously.

ADOPTION OF SALMON PURSE SEINE MINIMUM MESH SIZE RULES:
Tim Flint presented a proposed permanent amendment to WAC 220-47-301, Puget Sound--Lawful Gear--Purse Seine, to modify the minimum mesh size for Puget Sound purse seines from four inches to three and one-half inches.

Two individuals provided oral testimony on the proposed amendment during the meeting.

Commissioner Cahill moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 220-47-301, Puget Sound--Lawful Gear--Purse Seine. The motion to adopt the permanent amendment to the rule carried unanimously.

SALE OF COMMERCIALLY CAUGHT SALMON AND SALMON EGGS -- BRIEFING:
Tim Flint briefed the Commission and the public on proposed permanent amendments to WAC 220-20-016, Sale and Purchase of Commercial Caught Salmon, which would address all salmon species, as opposed to just chum as is currently the case. This was for discussion and public input purposes only. The Commission will consider adoption of the rule proposals at its April 11-12, 2003, meeting in Moses Lake. No additional public input will be accepted at that meeting.

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

COMMISSION REQUESTS TO THE DEPARTMENT:
The Commission reviewed the Summary of Commission Requests to the Department and considered future requests.

ECOREGIONAL CONSERVATION PLANNING -- BRIEFING:
Elizabeth Rodrick, Dave Brittell, and George Wilhere and David Weekes (The Nature Conservancy) briefed the Commission on Ecoregional Conservation Planning.

ADOPTION OF RETAIL LICENSE ENDORSEMENT RULES:
Morris Barker and Phil Anderson presented the following rule proposals to implement Engrossed Substitute House Bill 2323 which would provide (a) fees-setting direction, (b) endorsement/license renewal requirements, and (c) increased catch accounting capability for both wholesale dealers and retail license endorsement holders:

- WAC 220-20-0800B, Sale Under a Direct Retail Endorsement;
- Permanent amendment to WAC 220-69-240, Duties of Commercial Purchasers and Receivers; and
- Permanent amendment to WAC 220-69-241, Duties of Commercial Fisherman.

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

Commissioner Cahill moved, seconded by Commissioner Pelly, to adopt:

- WAC 220-20-0800B, Sale Under a Direct Retail Endorsement;
- Permanent amendment to WAC 220-69-240, Duties of Commercial Purchasers and Receivers; and
- Permanent amendment to WAC 220-69-241, Duties of Commercial Fisherman.

The motion to adopt the rule proposal and permanent amendments as filed with the Code Reviser's Office and amended by staff carried unanimously.

CLARK COUNTY PUBLIC UTILITY DISTRICT RECOGNITION AWARD:
The Commission and the Department recognized Clark County PUD for its efforts in salmon recovery and education.

ADOPTION OF COASTAL POLLOCK FISHERY RULES:
Michele Robinson and Phil Anderson presented a permanent amendment to WAC 220-44-050, Coastal Bottomfish Catch Limits, to prohibit the possession, transportation, and landing of pollock caught in Pacific Ocean waters into Washington state. Directed whiting and coastal groundfish fishers would be allowed to land pollock of up to 20 percent of their landing by weight.

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

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 220-44-050, Coastal Bottomfish Catch Limits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment to the rule as filed with the Code Reviser's Office and amended by staff carried unanimously.

APPROVAL OF THE 2003-2004 NORTH OF FALCON POLICY:
Phil Anderson presented the proposed 2003-2004 North of Falcon Policy.

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

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to adopt the 2003-2004 North of Falcon Policy, and replace the second bullet under "In-Season Management" with: "The Department will seek state access to unutilized treaty harvest allocations through the implementation of preseason agreements or through in-season agreements, taking into consideration changes in abundance, fishery conflicts, and factors that may influence attainment of spawning escapement objectives." The motion to adopt the policy as amended carried unanimously.

APPROVAL OF PUGET SOUND SHRIMP RESOURCE AND FISHERY MANAGEMENT POLICY:
Lisa Veneroso presented the proposed Puget Sound Shrimp Resource and Fishery Management Policy.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner Tuck, to adopt the Puget Sound Shrimp Resource and Fishery Management Policy, with the following change: "Region 1 - The recreational spot shrimp fishery will be designed for an annual harvest allocation up to 15% of the state spot shrimp share, and the state commercial fishery will be allocated up to 85% of the state spot shrimp share." The motion to adopt the policy as amended carried unanimously.

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

Chair Roehl recessed the meeting at 6:02 p.m.

SATURDAY, FEBRUARY 8:

Chair Roehl called the meeting back to order at 9:08 a.m.

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

PROPOSED LAND TRANSACTIONS:
Dan Budd presented numerous proposed land transactions for Commission consideration.

Commissioner Van Gytenbeek moved, seconded by Commissioner Ozment, to approve the following:

- Acquisition of the 23.23-acre Cascade Land Conservancy property in Grays Harbor County for $154,000;
- Acquisition of the 37.92-acre Kaiser property in Clallam County for $85,000;
- Acquisition of the 508.89-acre Trust for Public Land/Plum Creek Timber Company property in Kittitas County for $2,527,000; and
- Return of the 0.36-acre Fox Island Net Pens property on Fox Island that had conditioned use provisions, reversionary clause in the deed.

The motion to approve the land transactions carried unanimously.

ADOPTION OF GAME MANAGEMENT UNIT BOUNDARY DESCRIPTION RULES:
Dave Ware and Shelly Snyder presented rule proposals for Game Management Unit boundary descriptions which would facilitate management of hunted wildlife populations and align GMU boundaries with newly established ceded tribal hunting rights boundaries.

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

Commissioner White moved, seconded by Commissioner Ozment, to adopt the following, as filed with the Code Reviser's Office and amended by staff:

- WAC 232-28-331, Game Management Units (GMUs) Boundary Descriptions--Region One;
- WAC 232-28-332, Game Management Units (GMUs) Boundary Descriptions--Region Two;
- WAC 232-28-333, Game Management Units (GMUs) Boundary Descriptions--Region Three;
- WAC 232-28-334, Game Management Units (GMUs) Boundary Descriptions--Region Four;
- WAC 232-28-335, Game Management Units (GMUs) Boundary Descriptions--Region Five; and
- WAC 232-28-336, Game Management Units (GMUs) Boundary Descriptions--Region Six;
and to repeal:
- WAC 232-28-02201, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region One;
- WAC 232-28-02202, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Two;
- 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;
- WAC 232-28-02205, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Five;
- WAC 232-28-02206, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Six; and
- WAC 232-28-02280, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Cougar Areas.

The motion to adopt the rule proposals and repeal the rule proposals carried unanimously.

ADOPTION OF OFFICIAL HUNTING HOURS FOR GAME BIRDS AND GAME ANIMALS RULES:
Don Kraege presented a rule proposal, WAC 232-12-289, Official Hunting Hours for Game Birds and Game Animals. This rule proposal would include all possible variations of the hunting hours tables, instead of reestablishing hunting hours tables every three years.

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

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt WAC 232-12-289, Official Hunting Hours for Game Birds and Game Animals. The motion to adopt the rule proposal carried unanimously.

MANAGEMENT OF WESTERN HIGH ARCTIC BRANT AND WRANGEL ISLAND SNOW GEESE--BRIEFING:
Don Kraege briefed the Commission on the status of Western High Arctic Brant and Wrangel Island Snow Geese.

ADOPTION OF DOGFISH SHARK MANAGEMENT RULES:
Greg Bargmann and Dr. Vince Gallucci (University of Washington) presented permanent amendments to WAC 220-48-029, Set Net--Dogfish--Seasons, and WAC 220-48-032, Set Line--Seasons, to protect Puget Sound dogfish shark stocks during the summer pupping season.

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

Commissioner Pelly moved, seconded by Commission Reynolds, to adopt the permanent amendments to WAC 220-48-029, Set Net--Dogfish--Seasons, and WAC 220-48-032, Set Line--Seasons. The motion to adopt the permanent amendments to the rules carried unanimously.

ADOPTION OF COMMERCIAL FISHING RULES FOR HERRING IN COASTAL AREAS RULES:
Greg Bargmann presented permanent amendments to the following rule proposals to ensure all intended herring purse seine fishing seasons have been closed:

- WAC 220-33-060, Herring and Anchovies;
- WAC 220-36-03001, Grays Harbor--Seasons and Lawful Gear--Varieties Other than Salmon and Sturgeon; and
- WAC 220-40-030, Willapa Bay--Seasons and Lawful Gear--Varieties Other than Salmon and Sturgeon.

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

Commissioner Cahill moved, seconded by Commission Tuck, to adopt the permanent amendments to:

- WAC 220-33-060, Herring and Anchovies;
- WAC 220-36-03001, Grays Harbor--Seasons and Lawful Gear--Varieties Other than Salmon and Sturgeon; and
- WAC 220-40-030, Willapa Bay--Seasons and Lawful Gear--Varieties Other than Salmon and Sturgeon.

The motion to adopt the permanent amendments to the rules carried unanimously.

ADOPTION OF 2003-2004 SPORTFISH RULES:
Bob Gibbons, Morris Barker, and Pat Michael presented the 2003-2004 sportfish rule proposals.

Public input on the rule proposals was accepted at the December 6-7, 2002, Commission meeting; no additional public input was accepted at the meeting.

At its December 6-7, 2002, meeting, the Commission voted to continue action on the proposal for no annual limit on hatchery steelhead (permanent amendments to WAC 232-12-619, Permanent Washington Statewide Game Fish Rules, and WAC 220-56-175, Catch Record Cards, to the February 7-8, 2003, Commission meeting.

Because of concerns about the no annual limit on hatchery steelhead, and lack of clarity for certain streams, the motion to adopt the permanent amendments to WAC 232-12-619, Permanent Washington Statewide Game Fish Rules, and WAC 220-56-175, Catch Record Cards, failed.

- Commissioner Shiosaki moved, and seconded by Van Gytenbeek, to adopt the permanent amendment to WAC 220-56-175, Catch Record Cards, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment to the rule carried unanimously.

- Commissioner Van Gytenbeek moved, seconded by Commissioner Cahill, to adopt WAC 220-56-129, Unclassified Freshwater Invertebrates, and the permanent amendment to WAC 220-12-020, Shellfish--Classification. The motion to adopt the rule and permanent amendment carried unanimously.

- Commissioner Cahill moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendments to:

- WAC 220-56-230, Bottomfish--Closed Areas;
- WAC 220-56-235, Possession Limits--Bottomfish;
- WAC 220-56-250, Lingcod--Areas and Seasons; and
- WAC 220-56-255, Halibut--Seasons--Daily and Possession Limits.

The motion to adopt the permanent amendments to the rules carried unanimously.

- Commissioner Cahill moved, seconded by Commissioner Shiosaki, to adopt the permanent amendments to WAC 220-56-350, Clams Other than Razor Clams, Cockles, Borers, Mussels--Areas and Seasons, and WAC 220-56-380--Oysters--Areas and Seasons.

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to amend the motion to read: "WAC 220-56-350(oo)...April 1 through December 31, daily from official sunrise to official sunset only" and "WAC 220-56-380(p)...April 1 through December 31, daily from official sunrise to official sunset only." The motion to amend the motion carried.

The motion, as amended, carried unanimously.

- Commissioner Van Gytenbeek moved, seconded by Commissioner Cahill, to adopt the permanent amendments to WAC 220-56-325, Shrimp--Areas and Seasons. The motion to adopt the permanent amendments to the rule carried unanimously.

- Commissioner Reynolds moved, seconded by Commissioner Shiosaki, to adopt the permanent amendment to WAC 220-56-320, Shellfish Gear--Unlawful Acts. The motion to adopt the permanent amendment to the rule carried.

- Commissioner Van Gytenbeek moved, seconded by Commission Shiosaki, to adopt the permanent amendment to WAC 220-56-265, Forage Fish--Lawful Gear. The motion to adopt the permanent amendment carried to the rule unanimously.

- Commissioner Cahill moved, seconded by Commissioner Shiosaki, to adopt the permanent amendments to WAC 220-56-105, River Mouth Definitions, and WAC 232-28-619, Washington Food Fish and Game Fish--Freshwater Exceptions to Statewide Rules, as filed with the Code Reviser's Office and amended by staff.

Commissioner Van Gytenbeek moved, seconded by Commissioner Tuck, to amend the motion to not include the Department's recommendation for selective gear restrictions on the Grand Ronde River. The motion to amend the motion carried.

Commissioner White moved, seconded by Commissioner Van Gytenbeek, to amend the motion to modify Little Pend Oreille River to read: "from the Little Pend Oreille Wildlife Refuge boundary about 1 mile downstream from the Refuge Headquarters Office to Crystal..." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

- Commissioner Van Gytenbeek moved, seconded by Commissioner Shiosaki, to adopt the permanent amendment to WAC 232-28-621, Puget Sound Salmon--Saltwater Seasons and Daily Limits. The motion to adopt the amendment to the rule carried unanimously.

ADOPTION OF COASTAL PINK SHRIMP FISHERY--MANDATORY EXCLUDER RULES:
Morris Barker presented a proposed permanent amendment to WAC 220-52-050, Ocean Pink Shrimp Trawl Fishery--Coastal Waters. This amendment would define and require mandatory use of by-catch reduction devices for the Washington coastal pink shrimp fishery.

No oral testimony no the proposed amendment was received during the meeting.

Commissioner Tuck moved, seconded by Commissioner Van Gytenbeek, to adopt WAC 220-52-050, Ocean Pink Shrimp Trawl Fishery--Coastal Waters. The motion to adopt the amendment to the rule carried unanimously.

ADOPTION OF LOGBOOKS AND MANAGEMENT UNIT DESCRIPTIONS FOR SHRIMP RULES:
Morris Barker presented proposed permanent amendments to the following rules to modify shrimp management boundaries, logbook requirements, and recording requirements to allow for better management and allocation:

- WAC 220-52-051, Shrimp Fishery--Puget Sound;
- WAC 220-52-075, Shellfish Harvest Logs; and
- WAC 220-69-240, Duties of Commercial Purchasers and Receivers.

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

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

- WAC 220-52-051, Shrimp Fishery--Puget Sound;
- WAC 220-52-075, Shellfish Harvest Logs; and
- WAC 220-69-240, Duties of Commercial Purchasers and Receivers.

The motion to adopt the permanent amendments to the rules carried unanimously.

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

MISCELLANEOUS AND MEETING DEBRIEF:
Commissioner Cahill moved, seconded by Commissioner Van Gytenbeek, to request the Department: (1) develop a Hydraulics Project Approval proposal that implements the recommendations of the 2002 HPA Task Force; and (2) work with the Governor and Legislature to: (a) improve the protections afforded fish and fish habitat under the HPA program; (b) improve customer service in the permitting process; (c) assure consistency in application of the statute and rules; and (d) prioritize HPA work to assure that those projects with the highest impact on fish habitat are dealt with first. The motion to request Department action carried unanimously.

Commissioner Tuck moved, seconded by Commissioner Van Gytenbeek, to request the Department prepare a report on the catch of Eastern brook trout to determine if possible/desirable to catch/keep Eastern brook trout in additional waters. The motion to request Department action carried unanimously.

Chair Roehl adjourned the meeting at 3:35 p.m.

Commissioners in Attendance:
Will Roehl, Chair
Ron Ozment, Vice Chair
Russ Cahill
Lisa Pelly
Dawn Reynolds
Fred Shiosaki
Bob Tuck
Van Van Gytenbeek
Kelly White

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