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

ATTENDANCE:
Commission	Public (Cont.)
Russ Cahill, Chair	Dennis Willows
Will Roehl, Vice Chair	Bill Robertson, Seattle Aquarium
Ron Ozment	Michael Deach
Lisa Pelly	Ethel Gunderson
Dawn Reynolds	Dorsey Moody
Fred Shiosaki	Steve Ewalt
Bob Tuck	Dan Gregory
Van Van Gytenbeek	Rob Zuanich, Puget Sound Purse Seine Vessel Owners Assn.
Kelly White	Loye Studer
	Larry Waters
Commission Staff:	Ken Paige
Debbie Nelson	Burley Tom Hall
	Evetes Stohl
Department	Keith Johnson
Jeff Koenings, Director	Dan Van Mechelen, Cowlitz Tribe
Larry Peck, Deputy Director	Don Van Mechelen, Cowlitz Tribe
John Kerwin	Allan Hollingsworth, Grays Harbor Gillnetters
Dan Budd	Dave Weiderspohn
Bill Frymire, AGO	Jim Pearson, SCI
Mary Lou Mills	Anthony Blore, Arrowac Fisheries, Inc.
Pat Pattillo	Greg Mueller, WA Trollers Assn.
Bob Gibbons	Bob Lake, Willapa Bay Gillnetters
Ross Fuller	Jim Mitby, Willapa Bay Gillnetters
Greg Bargmann	Lee Ann Hightower
Morris Barker	Al Hightower
Phil Anderson	Shawn Waters
Pat Michael	William Waters
Paul Seidel	Jim Jearson
Chad Jackson	Duggan Hann, WSC
Steve Jackson	Steve Wrye, WSC
Fronda Woods, AGO	Kevin Kent, WSC
Other Department staff	Joe Durham, Trout Unlimited
	Corey Freeman
Public	Ryan Petcolet, WSC
Robert Shirley, Fed. of Fly Fishers	Dee Norton, WSC
P.J. Hicks, Puget Sound Fly fishers	Terry Turner, Trout Unlimited
Ralph Elstoin	Mike Gilchrist, Recreational fishing Alliance
Carolyn Friedman, University of WA

FRIDAY, FEBRUARY 8:

Chair Cahill called the meeting to order at 1:00 p.m.

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.

Commissioner Pelly requested the Commission be provided with a summary of annual cougar harvest since 1995.

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

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

Commissioner Pelly requested the Department complete a comparative analysis of license sales by license types and a fundamental analysis of the license fee structure. The Department should provide a progress report during the budget update at the March workshop.

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

Commissioner Pelly moved, seconded by Commissioner Tuck, to approve the following:

- Acquisition of the 21.07-acre Christy Collins property in Chelan County for $85,000;
- Acquisition of the 75-acre WICO property in Chelan County for $362,500;
- Acquisition of 22.73 acres in fee and 74.13 acres in conservation easement of the PCC Farmland Fund property in Clallam County for $241,000;
- Acquisition of the .55-acre Wendy Wilbur and Lawrence Morris property in Clallam County for $81,000;
- Acquisition of the 338.7-acre Pacifica Poplars, Inc. property in Whatcom County for $675,000;
- Acquisition of the 15.43-acre Etue property in Grays Harbor County for $65,000; and
- Acquisition of the 110.67-acre Rains property in Clallam County for $605,000.

The motion to approve the land transactions carried unanimously.

Commissioner Tuck requested future conservation easement proposals include the following information: 1) whether or not in perpetuity; 2) what development rights are being purchased; and 3) what rights the owner(s) are retaining.

ADOPTION OF LICENSE SALES -- DISHONORED CHECK AND CREDIT CARD TRANSACTION PENALTIES:
Frank Hawley presented WAC 220-20-075, License Sales--Dishonored Check and Credit Card Transaction Penalties. This rule would provide a mechanism for handling dishonored checks and credit card transactions for recreational and commercial licenses.

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

Commissioner Shiosaki moved, seconded by Commissioner Reynolds, to adopt WAC 220-20-075, License Sales--Dishonored Check and Credit Card Transaction Penalties, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the proposed rule carried unanimously.

ADOPTION OF 2002 NORTH OF FALCON POLICY:
Phil Anderson presented the proposed 2002 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 throughout the North of Falcon management planning process and associated PFMC deliberations.

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

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to adopt the 2002 North of Falcon Policy and insert a second bullet under "In-Season Management" to read: "The Department will pursue additional opportunities for fisheries, where appropriate, based upon the increased abundance of stocks identified in-season." The motion to adopt the policy carried unanimously.

AMENDMENTS TO PUGET SOUND COMMERCIAL MARINE FISH RULES:
Greg Bargmann and Morris Barker presented proposed amendments to the following rules:

-WAC 220-48-005, Puget Sound Bottomfish -- General Provisions: This amendment would prohibit the retention of sixgill shark caught in any commercial fishery in Puget Sound and restrict the commercial fisheries for dogfish shark in Puget Sound.

- WAC 220-48-029, Set Net--Dogfish--Seasons: This amendment would restrict the commercial fisheries for dogfish shark in Puget Sound.

- WAC 220-49-013, Herring, Anchovy and Smelt Fishing -- Dip Bag Net: This amendment would clarify dip net use.

- WAC 220-49-056, Smelt Fishing -- Seasons: This amendment would prohibit commercial fishing for smelt in Port Orchard westward from the ferry landing in Bremerton.

The Department withdrew its proposal to adopt a permanent amendment to WAC 220-48-015, Beam Trawl and Bottom Trawl -- Seasons, to delay the opening date of the bottom trawl fishery in the Strait of Juan de Fuca.

To allow time for Department staff to address outstanding issues on the dogfish rules, the Department recommended consideration of adoption of these rules proposals be continued to the March 25 Commission meeting.

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

Commissioner Roehl moved, seconded by Commissioner Reynolds, to continue consideration of adoption of permanent amendments to the following rules to the March 25, 1:00 p.m., Commission meeting:

- WAC 220-48-005, Puget Sound Bottomfish--General Provisions;
- WAC 220-48-029, Set Net--Dogfish--Seasons;
- WAC 220-49-013, Herring, Anchovy and Smelt Fishing--Dip Bag Net; and
- WAC 220-49-056, Smelt Fishing--Seasons.

The Department is to provide at that meeting a proposal for a Monday-Thursday commercial smelt fishery and a Friday-Sunday recreational smelt fishery. The motion to continue consideration of adoption of the proposed amendments carried unanimously.

ADOPTION OF CONSERVATION AREAS AND MARINE PRESERVES -- COMMERCIAL:
Mary Lou Mills presented the following rule proposals to establish new marine protected areas and change one marine preserve into a conservation area:

- Permanent amendment to WAC 220-16-480, Sund Rock Conservation Area;
- WAC 220-16-760, Keystone Conservation Area;
- WAC 220-16-770, Scatchet Head Marine Preserve;
- WAC 220-16-780, Admiralty Head Conservation Area;
- WAC 220-16-790, Zee's Reef Marine Preserve;
- WAC 220-16-800, Rosario Beach Conservation Area; and
- WAC 220-20-100, General Provisions--Marine Protected Areas.

The Department recommended consideration of adoption of the rule proposals be continued to the March 25 Commission meeting. This would allow the Department to take the rule proposals through the North of Falcon process for review by commercial and recreational salmon fishers prior to Commission adoption.

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

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to continue consideration of adoption of the following rule proposals to the March 25, 1:00 p.m., Commission meeting:

- Permanent amendment to WAC 220-16-480, Sund Rock Conservation Area;
- WAC 220-16-760, Keystone Conservation Area;
- WAC 220-16-770, Scatchet Head Marine Preserve;
- WAC 220-16-780, Admiralty Head Conservation Area;
- WAC 220-16-790, Zee's Reef Marine Preserve;
- WAC 220-16-800, Rosario Beach Conservation Area; and
- WAC 220-20-100, General Provisions--Marine Protected Areas.

The motion to continue consideration of adoption of the rule proposals carried unanimously.

ADOPTION OF SHELLFISH DISEASE CONTROL RULES:

Morris Barker presented proposed amendments to the following rules to define "terminal quarantine facility" and add Department flexibility to waive the applicant disease certification requirement when utilizing a terminal quarantine facility:

- WAC 220-77-020, Definitions -- Aquaculture Disease Control; and
- WAC 220-77-040, Shellfish Aquaculture Disease Control.

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

Commissioner White moved, seconded by Commissioner Van Gytenbeek, to adopt permanent amendments to:

- WAC 220-72-020, Definitions -- Aquaculture Disease Control, as filed with the Code Reviser's Office and amended by staff; and
- WAC 220-77-040, Shellfish Aquaculture Disease Control.

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

ADOPTION OF REVISED LAKE AND STREAM REHABILITATIONS POLICY:

Bob Gibbons presented the proposed revised Lake and Stream Rehabilitations Policy to address health and safety concerns and federal Clean Water Act requirements in piscicides application.

The Department will present a revised rehabilitation plan for Commission consideration of adoption at the April 2002 Commission meeting.

One individual provided oral testimony on the revised policy during the meeting.

Commissioner Van Gytenbeek moved, seconded by Commissioner Shiosaki, to adopt the revised Lake and Stream Rehabilitations Policy. The motion to adopt the policy carried unanimously.

OPEN PUBLIC INPUT:

No oral testimony on issues of concern was received during this portion of the meeting.

Chair Cahill recessed the meeting at 7:20 p.m.

SATURDAY, FEBRUARY 9:

Chair Cahill called the meeting back to order at 9:00 a.m.

VIABLE SALMON EGGS (DRAFT RULES) -- BRIEFING:

John Kerwin and Paul Seidel briefed the Commission on draft rules to implement ESHB 1286 which prohibits the Department from destroying viable salmon eggs from salmon that originated from a hatchery that would otherwise be useful in replenishing fish runs as determined by the Department and Indian tribes with treaty fishing rights. These draft rules will be provided to the 2002 Legislature for review. Public input and Commission consideration of adoption of final rule proposals will occur at a later date.

ADOPTION OF 2002-2003 SPORTFISH RULE PROPOSALS:

Ross Fuller, Bob Gibbons, Morris Barker, and Pat Michael presented the 2002-2003 sportfish rule proposals.

Public input on the rule proposals was accepted at the December 7-8, 2001 Commission meeting; no additional public input was accepted at this meeting.

• Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 220-16-028, Definitions--Dip Bag Net, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 220-20-025, General Provisions--Shellfish. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-100, Definitions--Personal Use Fishing. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-105, River Mouth Definitions. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-115, Angling--Lawful and Unlawful Acts, as filed with the Code Reviser's Office and amended by staff.

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to amend the motion to remove Section (1) (e). The motion to amend the motion carried.

The motion, as amended, carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-116, Salmon--Coastal Waters Hook Rules. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt the permanent amendment to WAC 220-56-210, Fly Fishing. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to the WAC 220-56-235, Possession Limits--Bottomfish, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Ozment, to adopt the permanent amendment to WAC 220-56-265, Forage Fish--Lawful Gear. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-270, Smelt--Areas and Seasons. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-282, Sturgeon--Areas, Seasons, Limits and Unlawful Acts. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-285, Shad--Areas and Seasons. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220--56-310, Shellfish--Daily Limits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt the permanent amendment to WAC 220-56-315, Crabs, Shrimp, Crawfish--Unlawful Acts. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-335, Crab--Unlawful Acts. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-350, Clams Other Than Razor Clams, Cockles, Borers, Mussels--Areas and Seasons, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 220-56-355, Clams--Unlawful Acts. The motion to adopt the amendment to the rule carried unanimously.

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

• Commissioner Van Gytenbeek moved, seconded by Commissioner Pelly, to adopt the permanent amendment to WAC 232-12-168, Fishing Contests.

Commissioner White moved, seconded by Commissioner Roehl, to amend the motion to modify Section (1) to read: "Contest defined: By definition, a fishing contest exists when 6 or more licensed persons . . . " The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 232-12-272, Juvenile Fishing Events, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the amendment to the rule carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 232-12-019, Classification of Game Fish. The motion to adopt the amendment to the rule carried.

• Commissioner Roehl moved, seconded by Commissioner Tuck, 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.

• Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 232-12-619, Permanent Washington Statewide Game Fish 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 add the following language: "Statewide steelhead release, no exceptions." The motion to amend the motion failed.

Commissioner White moved, seconded by Commissioner Roehl, to amend the motion to amend Section (3) to read: "Seasonal steelhead limit: Each angler who possesses . . . of which no more than 5 may be wild steelhead from waters in which wild steelhead retention is allowed." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

• Commissioner Roehl moved, seconded by Commissioner White, to adopt the permanent amendment to 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. The motion was withdrawn to allow staff to identify additional recommended amendments included in the rule proposal prior to Commission consideration of adoption.

Commissioner Roehl moved, seconded by Commissioner White, to adopt the permanent amendment to 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.

To provide recreational opportunity without impacting the resource, Commissioner White moved, seconded by Commissioner Van Gytenbeek, to amend the motion to modify Roosevelt Lake to read: "Sturgeon: Catch and release only." The motion to amend the motion failed.

To prohibit catch and release of sturgeon, Commissioner Roehl moved, seconded by Commissioner Reynolds, to amend the motion to modify Roosevelt Lake to remove: "Sturgeon: Release all fish" and add: "Sturgeon: Unlawful to fish for or retain sturgeon." The motion to amend the motion carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Tuck, to amend the motion to modify Colville and Kettle rivers to remove: "Sturgeon: Release all sturgeon" and add: "Sturgeon: Unlawful to fish for or retain sturgeon." The motion to amend the motion carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Tuck, to amend the motion to modify Rufus Woods Lake to remove: "Sturgeon: Release all fish" and add: "Sturgeon: Unlawful to fish for or retain sturgeon." The motion to amend the motion carried unanimously.

To provide Grays Harbor County the opportunity to hold hearings on the use of powerboats on the Satsop and Wynoochee rivers before deciding the appropriate Commission action, Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to amend the motion to:

- Modify Satsop River to remove the following language: "Fishing from floating device equipped with a motor prohibited at all times on East, Middle and West Forks."

- Modify Wynoochee River, mouth to 7400 line bridge above mouth of Shafer Creek, to remove the following language: "Fishing from a floating device equipped with a motor prohibited upstream of the City of Aberdeen water intake dam."

The motion to amend the motion carried unanimously. (Commissioners Pelly and Reynolds were absent during discussion and vote on the motion.)

Chair Cahill requested the Department prepare a letter for his signature to Grays Harbor County advising of the Commission's action to defer to the County to look at the public safety issues of the use of powerboats on the Satsop and Wynoochee rivers.

Commissioners Pelly and Roehl suggested the Department should review the use of powerboats on a statewide basis.

Commissioner Pelly moved, seconded by Commissioner Shiosaki, to amend the motion to modify Lewis River, East Fork, as follows:

- Remove the following language: "From mouth to four hundred feet below Horseshoe Falls: June 1 through March 15 season. Trout: Minimum length fourteen inches. Release cutthroat."

- Modify mouth to top boat ramp at Lewisville Park to remove existing language and add: "Year-round season. Selective gear rules. All species: Release all fish except up to two hatchery steelhead per day may be retained."

- Add the following language: "Top boat ramp at Lewisville Park to 400 feet below Horseshoe Falls: June 1 through March 15 season. Selective gear rules. All fish: Release all fish except up to two hatchery steelhead per day may be retained."

The motion to amend the motion carried unanimously. (Commissioner Reynolds was absent during discussion and vote on the motion.)

The motion to adopt the permanent amendment to the rule, as amended, carried unanimously. (Commissioner Reynolds was absent during discussion and vote on the motion.)

• Commissioner Roehl moved, seconded by Commissioner Tuck, to continue consideration of adoption of the following rule proposals to the March 25, 1:00 p.m., Commission meeting:

  - WAC 220-16-760, Keystone Conservation Area;
  - WAC 220-16-770, Scatchet Head Marine Preserve;
  - WAC 220-16-780, Admiralty Head Conservation Area;
  - WAC 220-16-790, Zee's Reef Marine Preserve;
  - WAC 220-16-800, Rosario Beach Conservation Area;
  - Permanent amendment to WAC 220-20-010, General Provisions--Lawful and Unlawful Acts--Salmon, Other Food Fish and Shellfish;
  - WAC 220-20-100, General Provisions--Marine Protected Areas;
  - Permanent amendment to WAC 220-56-128, Food Fish Fishing--Closed Areas;
  - (Repeal of) WAC 220-56-307, Shellfish--Closed Areas; and
  - Permanent amendment to WAC 232-12-011, Wildlife Classified as Protected Shall Not Be Hunted or Fished.

  The motion to continue consideration of adoption of the rule proposals carried unanimously. (Commissioner Reynolds was absent during discussion and vote on the motion.)

• Commissioner Roehl moved, seconded by Commissioner Tuck, to repeal the following rules:

  - WAC 232-12-147, Maximum Number of Fishing Lines and Hooks--Snagging and Gaffing Fish Unlawful; and
  - WAC 232-12-151, Fly Fishing Rules.

  The motion to repeal the rules carried unanimously. (Commissioner Reynolds was absent during discussion and vote on the motion.)

OPEN PUBLIC INPUT:

No oral testimony on issues of concern was received during this portion of the meeting.

MISCELLANEOUS AND MEETING DEBRIEF:

Commissioner Pelly requested the Wildlife Committee identify potential problems or issues between Hunter Ed instructors and Department staff and recommend changes to make the Hunter Ed program workable for instructors and staff. She would like to receive a Commission briefing no later than June 1, 2002.

Commissioner Tuck moved, seconded by Commissioner Shiosaki, to request the Department determine what impact the use of amphibians for bait has on amphibian populations, and present its findings to the Commission no later than February 9, 2003. The motion to request Department action carried unanimously. (Commissioner Reynolds was absent during discussion and vote on the motion.)

Commissioner Roehl requested the Department maintain status quo on shrimp catch allocation in Marine Area 7.

Chair Cahill adjourned the meeting at 2:40 p.m.

* Commissioners Pelly and Reynolds were absent during discussion and vote on the motion.
** Commissioner Reynolds was absent during discussion and vote on the motion.

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

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