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

ATTENDANCE:
Commission	Department (Cont.)
Russ Cahill, Chair	Bob Gibbons
Will Roehl, Vice Chair	Dick Geist
Don Heinicke	Other Department Staff
Lisa Pelly
Dawn Reynolds	Public
Fred Shiosaki	Martha Jordan, The Trumpeter Swan Society
Bob Tuck	Jim Hearn
Van Van Gytenbeek	John Jovanovich
Kelly White	Jay Nagle
	Dob Walker
Commission Staff:	Robert Glenovich
Debbie Nelson	Loye Studer
	Bill Clingan, Merino's Seafoods
Department	Greg Mueller, WA Trollers Association
Jeff Koenings, Director	Frant Urabeck, NMTA/NSIA
Larry Peck, Deputy Director	Larry Tilford
Jim Lux	Bobbie Thorniley, Hunters Heritage/WA St. Trappers Assn.
Dan Budd	H. R. Jackson
Don Kraege	Mark Cedergreen, Westport Charterboats
Bruce Bjork	Michael Gilchrist, Recreational Fishing Alliance
John Broome	Rob Zuanich, PSVOA
Steve Dauma	Tony Rouff, WA Trollers Association
Phil Anderson	Allan Hollingsworth, Grays Harbor Gillnetters
Michele Robinson	Rory Calhoun, IAC/WDFW ADA Committee
Greg Hueckel	Bob Lake, Willapa Bay Billnetters Association
Rob Costello	A. P. Marchard, Jr., Jessie's Ilwaco Fish Company
Bill Frymire	Maureen Gilbert, Jessie's Ilwaco Fish Company
Pat Pattillo	Bob Tessier
Greg Bargmann	Murray Vining
Morris Barker	Terry Turner, Trout Unlimited
Pat Michael	Jim Mitby, Willapa Gay Gillnetters
Steve Pozzanghera	John Evensen, Steelhead Trout Club
Bill Tweit

FRIDAY, FEBRUARY 9:

Commissioner White called the meeting to order at 9:00 a.m. and introduced Commissioner Cahill as the recently elected Commission Chair and Will Roehl as Commission Vice Chair. Commissioners presented Commissioner White with a plaque of appreciation for his extraordinary, honorable, and outstanding efforts as Commission Chairman from January 1999 to January 2001.

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.

OPEN PUBLIC INPUT:

Two individuals provided oral testimony on issues of concern during this portion of the meeting.

The Commission's Habitat Committee agreed to review the currently unregulated recreational use of rivers and streams during those periods when salmon spawning and egg incubating occur to determine if these activities should be regulated.

BUDGET UPDATE:

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

PROPOSED LAND TRANSACTIONS:

Dan Budd presented the Department's request for Commission approval of numerous proposed land transactions.

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

- Acquisition of the 10.51-acre Randy and Cindy Simmons property in Clallam County for $81,500;
- Acquisition of the 8.31-acre Bill Cole and Ann Harley property in Clallam County for $302,500;
- Acquisition of the 159.77-acre Horrace, Mary, and Roger Smith property in Douglas County for $52,800;
- Acquisition of the 355-acre Soriano/20 Bar 3 Grazing Association property in Okanogan County for $176,000;
- Acquisition of the 209.97-acre Chris and Margaret Herzog property in Clark County for $500,000;
- Acquisition of the 1.24-acre Shin property in Mason County for $149,000;
- Acceptance of the donation of Perpetual Cutting Rights on 80 acres in Klickitat County from I. P. Pacific Timberland, Incorporated;
- Grant and acceptance of the exchange of easements with Masonic Lodge in King County; and
- Grant and acceptance of dedications and exchange of easements with the City of Vancouver in Clark County.

The motion carried unanimously.

SUMMARY OF NONTOXIC SHOT REPORT -- BRIEFING:

Don Kraege briefed the Commission on the results of the Department's literature review and survey of other states' nontoxic shot requirements and its examination of other aspects of nontoxic shot use related to ballistic performance, compliance and regulatory options. The Commission was asked to provide direction to the Department on the use of lead shot for hunting game birds.

Commissioner White moved, seconded by Commissioner Shiosaki, to identify Option A--Prohibition of Lead Shot Use on Selected Problem Areas--as the regulatory approach to be followed and direct the Department to continue to identify specific problem areas where deposition of lead shot poses threats of primary and secondary poisoning to wildlife and bring those forward for Commission action. The motion carried unanimously.

WILDLIFE DAMAGE CLAIMS AND PROCEDURES -- BRIEFING:

Bruce Bjork, John Broome, Steve Dauma, and Steve Pozzanghera briefed the Commission on the results of the Department's review of existing laws on wildlife damage claims and procedures, particularly on deer and elk, to determine if these laws needed to be modified.

The Commission will provide guidance to the Department on the legislative bill to expand the types of wildlife damages that are compensated to include range and pasture lands.

The Commission's Wildlife Committee and the Enforcement Program will review wildlife damage claims and procedures and develop options to address policy issues that need to be resolved.

DEPARTMENT POLICIES ON REMOVAL OF PROBLEM WILDLIFE -- BRIEFING:

Bruce Bjork, John Broome, and Steve Dauma briefed the Commission on Department policies on the removal of problem wildlife, especially animals and birds other than bear and cougar.

Director Koenings indicated the Department will review existing statutes to determine current statutory obligations versus expectations, not only in the area of problem wildlife, but in all areas of the Department.

ADOPTION OF 2001 NORTH OF FALCON POLICY:

Phil Anderson, Pat Pattillo, and Bill Tweit presented the proposed 2001 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 PFMC deliberations.

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

Commissioner Pelly moved, seconded by Commissioner White, to adopt the 2001 North of Falcon Policy. The motion carried unanimously.

ADOPTION OF 2001 TRIAL PURSE SEINE SARDINE FISHERY RULES:

Phil Anderson and Michele Robinson presented rule proposals for the 2001 trial purse seine fishery for sardines.

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

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

- Permanent amendment to WAC 220-33-060, Herring and Anchovies;
- Permanent amendment to WAC 220-44-020, Coastal Baitfish Gear;
- WAC 220-88C-010, Emerging Commercial Fishery--Coastal Pilchard Fishery;
- WAC 220-88C-020, Designation of the Coastal Pilchard Fishery as an Emerging Commercial Fishery;
- WAC 220-88C-030, Eligibility to Participate in the Coastal Pilchard Fishery;
- WAC 220-88C-040, Coastal Pilchard Fishery--Seasons and Lawful Catch; and
- WAC 220-88C-050, Coastal Pilchard Fishery-Observer and Sampler Coverage, Logbook Requirements.

The motion to adopt the rule proposals carried unanimously.

To correct statutory reference in one of the rules, Commissioner White moved, seconded by Commissioner Roehl, to reconsider the motion to adopt the following rule proposals, as filed with the Code Reviser's Office and amended by staff:

- Permanent amendment to WAC 220-33-060, Herring and Anchovies;
- Permanent amendment to WAC 220-44-020, Coastal Baitfish Gear;
- WAC 220-88C-010, Emerging Commercial Fishery--Coastal Pilchard Fishery;
- WAC 220-88C-020, Designation of the Coastal Pilchard Fishery as an Emerging Commercial Fishery;
- WAC 220-88C-030, Eligibility to Participate in the Coastal Pilchard Fishery;
- WAC 220-88C-040, Coastal Pilchard Fishery--Seasons and Lawful Catch; and
- WAC 220-88C-050, Coastal Pilchard Fishery-Observer and Sampler Coverage, Logbook Requirements.

The motion to reconsider adoption of the rule proposals carried unanimously.

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

- Permanent amendment to WAC 220-33-060, Herring and Anchovies;
- Permanent amendment to WAC 220-44-020, Coastal Baitfish Gear;
- WAC 220-88C-010, Emerging Commercial Fishery--Coastal Pilchard Fishery;
- WAC 220-88C-020, Designation of the Coastal Pilchard Fishery as an Emerging Commercial Fishery;
- WAC 220-88C-030, Eligibility to Participate in the Coastal Pilchard Fishery;
- WAC 220-88C-040, Coastal Pilchard Fishery--Seasons and Lawful Catch; and
- WAC 220-88C-050, Coastal Pilchard Fishery-Observer and Sampler Coverage, Logbook Requirements;
and to amend WAC 220-88C-020, Section (3) to change the RCW number to RCW 77.65.210.

The motion to adopt the rule proposals carried unanimously.

OVERVIEW OF HABITAT PROGRAM:

Greg Hueckel provided the Commission with an overview of the organizational structure and priorities of the Habitat Program, including a discussion on the petition submitted by the Public Employees for Environmental Responsibility, the Pacific Coast Federation of Fishermen's Associations, the Institute for Fisheries Resources, and Washington Trout.

OPEN PUBLIC INPUT:

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

Chair Cahill recessed the meeting at 4:15 p.m. Directly following the meeting, the Commission met in Executive Session to discuss current and/or potential litigation.

SATURDAY, FEBRUARY 10:

Chair Cahill called the meeting back to order at 8:00 a.m.

ROCKFISH STOCK ASSESSMENTS -- BRIEFING:

Greg Bargmann briefed the Commission on the management and assessment of rockfish in Washington inshore coastal and Strait of Juan de Fuca waters.

ADOPTION OF 2001-2002 SPORTFISH RULE PROPOSALS:

Morris Barker, Pat Michael, and Bob Gibbons presented 2001-2002 sportfish rule proposals.

Public input on the rule proposals was accepted at the December 8-9, 2000 Commission meeting; no additional public input was accepted at this meeting.

Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt permanent amendments to WAC 220-56-123, Unlawful Provisions--Westport and Ocean Shores Boat Basins; and WAC 220-56-126, Nonbuoyant Lures and Night Closures--Saltwater. The motion to adopt permanent amendments to the rules carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

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. The motion to adopt the permanent amendment to the rule carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner White, to adopt the permanent amendment to WAC 220-56-145, Possession of Gamefish, Food Fish or Shellfish in Unlawful Condition--Possession Aboard a Vessel, 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 was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner White, 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 was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-235, Possession Limits--Bottomfish, 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 was absent during discussion and vote on the motion.)

Commissioners Roehl and Cahill requested the Department provide the Commission prior to establishment of the 2002-2003 seasons with a briefing on the results of the Department's monitoring of the rockfish fishery in Areas 1-4.

Commissioner Roehl moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-240, Daily Limits Forage Fish and Other Food Fish Not Otherwise Provided For. The motion to adopt the permanent amendment to the rule carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Reynolds, to adopt the permanent amendment to WAC 220-56-282, Sturgeon--Areas, Seasons, Limits and Unlawful Acts, 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 was absent during discussion and vote on the motion.)

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 permanent amendment to the rule carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

Commissioner Roehl 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 unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt the permanent amendment to WAC 220-56-325, Shrimp--Areas and Seasons. The motion to adopt the permanent amendment to the rule carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt the permanent amendment to WAC 220-56-330, Crab--Areas and Seasons. The motion to adopt the permanent amendment to the rule carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt the permanent amendment to WAC 220-56-350, Clams Other Than Razor Claims, Cockles, Borers, Mussels--Areas and Seasons, 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 was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Shiosaki, 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 permanent amendment to the rule carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Shiosaki, 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.

Commissioner Pelly moved, seconded by Commissioner Reynolds, to amend the motion to modify the season for the Yakima River to allow bait and a single barbless hook to be used from 3500 feet below Roza Dam to 400 feet below Roza Dam. The motion to amend the motion was withdrawn because that language is already included in the permanent amendment to the rule.

The motion to adopt the permanent amendment to the rule carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to close without amending the following rules:

- WAC 220-56-150, Unlawful to Take Another's Limit;
- WAC 232-12-077, Wildlife Taken by Another; and
- WAC 232-12-619, Permanent Washington Statewide Game Fish Rules.

The motion to close the rules without amending carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

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

- WAC 220-56-290, Sturgeon Angling Hours;
- WAC 220-56-295, Sturgeon--Unlawful Acts; and
- WAC 220-56-305, Sturgeon--Catch and Release.

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

AMENDMENT TO FLY FISHING ONLY DEFINITION--GEAR EXEMPTION FOR FISHERS WITH DISABILITIES:

Bob Gibbons presented a proposed permanent amendment to WAC 220-56-210, Fly Fishing, to modify the fly fishing-only definition to allow fishers with permanent upper extremity disabilities to fish in fly fishing only waters using spin casting gear equipped with a casting bubble and fly.

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

Commissioner Shiosaki moved, seconded by Commissioner Reynolds, to adopt the permanent amendment to WAC 220-56-210, Fly Fishing, as filed with the Code Reviser's Office and amended by staff.

To provide disabled persons using spinning gear with field identification to reduce the possibility of harassment on fly fishing-only lakes, Commissioner Shiosaki moved, seconded by Commissioner White, to amend the motion to strike the proposed language in Section (3)(b) and replace with the following: "The fisher will be issued a fly fishing special use permit in the form of a wearable tag. The fisher must have the special use permit in his or her possession at all times while using spin casting gear in fly fishing only waters, and may display the permit on outer clothing." The motion to amend the motion carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

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

OPEN PUBLIC INPUT:

Four individuals provided oral testimony on issues of concern.

AMENDMENTS TO COMMERCIAL SALMON, STURGEON AND WHOLESALE DEALER RULES:

Dick Geist and Bob Gibbons presented proposed permanent amendments to the following rules:

- WAC 220-20-016, Sale of Commercial Caught Salmon, to tighten rules to prevent wastage of chum salmon;
- WAC 220-47-301, Puget Sound--Lawful Gear--Purse Seine, to clarify the maximum dimension of the length of the bunt section in the seine net and eliminate the depth dimension of the bunt; and
- WAC 220-69-240, Duties of Commercial Purchasers and Receivers (new Section [11] only), to establish reporting deadlines and mechanisms to gather data from fisheries where rapid management response is essential to conservation, allocation, and maximization of commercial fishing opportunity.

A rule proposal to conform WAC language and RCW language relative to personal use of commercially caught salmon led to the discovery of the need for a more comprehensive internal review of regulations. Rather than a piecemeal approach of bringing separate items to the Commission for consideration, that rule proposal was withdrawn and a thorough review of all food fish regulations on the subject of personal use of commercially caught resources will be undertaken. A complete package addressing personal use of commercially caught food fish will be brought to the Commission for consideration in 2002.

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

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

- WAC 220-20-016, Sale and Purchase of Commercial Caught Salmon;
- WAC 220-47-301, Puget Sound--Lawful Gear--Purse Seine; and
- WAC 220-69-240, Duties of Commercial Purchasers and Receivers, new Section (11) only and to change any reference to Title 75 to Title 77 RCW.

The motion to adopt permanent amendments to the rules carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

Commissioner Roehl suggested the Department review the rationale for the wholesale dealer license charges and bonding requirement. Currently, if they bought their own fish, some fishers could write one fish ticket to themselves, then turn around and sell the eggs to someone and the carcasses to someone else. But for some fishers this would be economically prohibitive due to bonding requirements.

AMENDMENT TO DUTIES OF SEA URCHIN/SEA CUCUMBER BUYERS:

Morris Barker presented a proposed permanent amendment to WAC 220-69-240, Duties of Commercial Purchasers and Receivers (new Section [12] only), to require expedited catch reporting enabling managers to meet allocation and conservation needs in a timely manner.

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

Commissioner White moved, seconded by Commissioner Roehl, to adopt the permanent amendment to WAC 220-69-240, Duties of Commercial Purchasers and Receivers, new Section (12) only, 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 was absent during discussion and vote on the motion.)

AMENDMENT TO SEA URCHIN AND SEA CUCUMBER DISTRICTS:

Morris Barker presented proposed permanent amendments to the following rules to redefine sea urchin and sea cucumber districts to meet contemporary usage:

- WAC 220-52-071, Sea Cucumbers; and
- WAC 220-52-073, Sea Urchins.

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

Commissioner White moved, seconded by Commissioner Tuck, to adopt permanent amendments to the following rules:

- WAC 220-52-071, Sea Cucumbers; and
- WAC 220-52-073, Sea Urchins.

The motion to adopt permanent amendments to the rules carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

AMENDMENT TO PERSONAL USE CRAB GEAR UNITS:

Morris Barker presented a proposed permanent amendment to WAC 220-56-315, Crabs, Shrimp, Crawfish--Unlawful Acts, to identify "Shrimp District 5" as the "Hood Canal Shrimp District."

The proposal to increase the units of gear from two to three in Puget Sound was withdrawn by the Department to allow further internal review.

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

Commissioner Roehl moved, seconded by Commissioner Reynolds, to adopt the permanent amendment to WAC 220-56-315, Crabs, Shrimp, Crawfish--Unlawful Acts, 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 was absent during discussion and vote on the motion.)

APPROVAL OF COMMISSION MINUTES:

Commissioner Pelly moved, seconded by Commissioner Shiosaki, to approve the Minutes of the following:

- October 6-7, 2000 Commission workshop
- November 22, 2000 Commission conference call
- December 8-9, 2000 Commission meeting
- December 21, 2000 Commission conference call
- December 27, 2000 Commission conference call
- January 4, 2001 Commission conference call.

The motion to approve the Minutes carried unanimously. (Commissioner Van Gytenbeek 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 Tuck moved, seconded by Commissioner Shiosaki, to request that the Department provide a briefing at the June 8-9 Commission workshop on various aspects of the public education program. The motion carried unanimously. (Commissioner Van Gytenbeek was absent during discussion and vote on the motion.)

Chair Cahill adjourned the meeting at 1:40 p.m.

* Commissioner Van Gytenbeek was absent during discussion and vote on the motion.

Commissioners in Attendance:

Russ Cahill, Chair

Will Roeh, Vice Chair

Don Heinicke

Lisa Pelly

Dawn Reynolds

Fred Shiosaki

Bob Tuck

Van Van Gytenbeek

Kelly White

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