Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
WORKSHOP
January 14-15, 2005

Natural Resources Building, Room 172
1111 Washington Street SE
Olympia, Washington

ATTENDANCE:
Commission Public (Continued)
Will Roehl, Chair Daniel McDonald
Ron Ozment, Vice Chair Patrick McDonald
Ken Chew Andy Whitener
John A. Hunter Gary Bodine
Holly Ledgerwood Earl Finn
Clyde McBrayer Sean Madison
J. Pete Schroeder Lani Madison
Fred Shiosaki Don Overby
Bob Tuck Randy Richardson, Puget Sd. Crab Assoc.
Larry Clemons
Commission Staff: Marvin L. Milosevich
Susan Yeager Chuck Green
Rory Calhoun, IAC
Department Geoff Hirschi
Jeff Koenings, Director Jim Peters
Larry Peck, Deputy Director Larry Schinke
Jim Lux Toby Bradshaw, WA Falconers Assoc.
Scott Smith Steve Layman, WA Falconers Assoc.
Bonnie Long Larry DePaul
Dan Budd Brad Wood, WA Falconers Assoc.
Rocky Beach Brian Kellogg, WA Falconers Assoc.
Brenda Kane Joe Verdoes, Puget Sd. Crab Assoc.
Kristen Kuykendall Tony Franulovich, Puget Sd. Crab Assoc.
Steve Sherlock John Rantz, Puget Sd. Crab Assoc.
Evan Jacoby Karen Thompson, Puget Sd. Crab Assoc.
Morris Barker Ken Crews, Puget Sd. Crab Assoc.
Lisa Veneroso Martha Jordan, The Trumpeter Swan Society
Annette Hoffman Corey Freeman, RFA
Phil Anderson Jim Skalaski, OFM
Gayle Kreitman Jeff Feagin, Puget Sound Anglers
Jim Eby Dan L. Pike, NAFA
Mary Lou Mills Dale W. Thoemke, Marine Habitat Consultants
Pat Pattillo Buzz Johnson
Cindy LeFleur Robert Cody, Puget Sound Anglers
Guy Norman Rob Kavanaugh
Lembit Ratassepp Mike Springer, Puget Sound Anglers
Penny Cusick John Douglas, WWF
Brad Sele Polly Fischer, Skagit County MRC
Lew Atkins Liz Hamilton, NW Sportfishing Industry Assoc.
Bruce Bjork Larry Phillips
Mike Cenci Bruce John Higgins
Other Department staff Hans M. Mak
Irene Martin
Public Ed Forslof, WA Wildlife Federation
Todd A. Ripley, Wild Steelhead CoalitionJohn McLaughlin, WA Wildlife Coalition
Richard Burge, WCTU Robert Kehoe, Purse Seine Vessel Owners Assoc.
Kent Martin, Col. R. Fishermen's Protective UnionMark Plunkett, Seattle Aquarium
Bruce Crookshanks, Col. R. Fishermen's Protec. UnionNick Gayeski, Washington Trout
Brian Simonseth, Fidalgo Fly FishersBob Reid, CPR-Fish
J. K. Johnson, Wa State Muzzleloaders Assoc. Ramon Vanden Brucce, Washington Trout
Clint Muns, PSA & RFA John McDonald, CPR-Fish

FRIDAY, JANUARY 14:

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

APPROVAL OF MINUTES:
Commissioner Ozment moved, seconded by Commissioner Shiosaki, to approve the minutes of the December 3-4, 2004, Commission meeting. The motion to approve the minutes carried unanimously.

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

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

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

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

INVASIVE AQUATIC SPECIES CONTROL EFFORTS -- BRIEFING:
Scott Smith and Bruce Higgins (Edmonds U/W Park) briefed the Commission on the Department's response to the discovery of a colonial tunicate species in Puget Sound.

"GO PLAY OUTSIDE" ANNUAL UPDATE -- BRIEFING:
Bonnie Long, Ed Forslof (Washington Wildlife Federation), and John McLaughlin (Washington Wildlife Coalition) briefed the Commission on the status of educational outreach activities in partnership with the Wildlife Coalition.

PROPOSED LAND TRANSACTIONS:
Dan Budd presented four land transactions for the Commission's consideration and approval.

Commissioner Hunter moved, seconded by Commissioner Tuck, to approve the following land transactions:

- Acquisition of the 5.14-acre Eggertsen property in Clallam County for $37,500;
- Acquisition of the 2,288-acre Dezellem Farms, Inc., property in Douglas County at the appraised value of $778,500 with the access "as is", or at the appraised value of $808,605 with access perfected;
- Acquisition of the 160-acre Bittner property in Yakima County for $120,000; and
- Sale of the (former Tibbitts) Ohop Lake property in Pierce County to The Herbrand Company for $185,000.

The motion to approve the land transactions carried unanimously.

CAPTIVE PROPAGATION OF WILD RAPTORS -- RULE ACTION:
Rocky Beach presented proposed permanent amendments to WAC 232-12-129, Captive propagation of raptors--sale, records, reports, and inspection, regarding the sale of progeny of wild-caught raptors. This item was continued by the Commission from the December 3-4, 2004, meeting in Ocean Shores. Two options were given: Option A (Department proposal) would clarify that raptors captured in the wild could not be used for propagation; and Option B (Washington Falconers Association proposal) would permit legal sale of wild-caught raptors.

Eight individuals provided oral testimony on the proposed amendments during the workshop.

Commissioner Tuck moved, seconded by Commissioner Ozment, to adopt WAC 232-12-129, Captive propagation of raptors--Sale, records, reports and inspection, as proposed in Option B.

Commissioner Schroeder moved, seconded by Commissioner Ozment, to amend the motion and add a provision to revisit the rule in two years. The motion to amend the motion carried.

The motion, as amended, failed.

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt WAC 232-12-129, Captive propagation of raptors--Sale, records, reports and inspection, as proposed in Option A.

Commissioner Schroeder moved, seconded by Commissioner McBrayer, to amend the motion and add a provision to revisit the rule in two years. The motion to amend the motion carried unanimously.

Commissioner Tuck moved, seconded by Commissioner Ozment, to amend the motion to include "(5) Wild caught raptors taken in Washington may be used for propagation purposes. Progeny shall not be used for sale or trade." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

ACCESSIBLE FISHING OPPORTUNITIES AT DEPARTMENT SITES -- BRIEFING:
Brenda Kane, Kristen Kuykendall, Steve Sherlock, and Rory Calhoun (Recreation Accessibility Specialist, Interagency Committee for Outdoor Recreation), briefed the Commission on accessible fishing opportunities for persons with disabilities.

SALE OF WILD SHELLFISH -- RULE BRIEFING:
Evan Jacoby briefed the Commission on a proposed new WAC section that would establish a trial fishery license for harvesting wild embedded shellfish on private property and provide harvest accountability for purposes of better understanding wild shellfish populations. The Commission will consider taking action on rule amendments at its February 4-5, 2005, meeting in Olympia.

GEODUCK FISH TICKET COPY DISTRIBUTION -- RULE BRIEFING:
Morris Barker briefed the Commission on proposed permanent amendments to WAC 220-69-26401, Distribution of copies of shellfish receiving ticket, that would create a process for the Department of Natural Resources to more accurately track and account for geoduck harvest. The Commission will consider taking action on the amendments at its February 4-5, 2005, meeting in Olympia.

COMMERCIAL RAZOR CLAM FISHERY -- RULE BRIEFING:
Morris Barker and Lorna Wargo briefed the Commission on proposed permanent amendments to WAC 220-52-030, Clams--Coastal--Seasons and areas, that would clarify licensing requirements, provide better enforcement capability, and ensure fairness for licensed commercial razor clam diggers. The Commission will consider taking action on the amendments at its February 4-5, 2005, meeting in Olympia.

PUGET SOUND DUNGENESS CRAB FISHERY MANAGEMENT -- BRIEFING:
Lisa Veneroso, Annette Hoffman, and Morris Barker briefed the Commission on (1) the current implementation of Commission Policy C-3609, Puget Sound Crab Fishery, including fishery planning and performance intended to meet the policy's objectives; and (2) recommendations for the 2005-06 season, including recreational season design and options of methods for estimating recreational catch.

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

Chair Roehl recessed the workshop at 6:20 p.m.

SATURDAY, JANUARY 15:

Chair Roehl called the workshop back to order at 8:32 a.m.

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

HYDRAULIC PERMIT MANAGEMENT SYSTEM (HPMS) -- BRIEFING:
Gayle Kreitman and Jim Eby provided an overview and brief demonstration of the HPMS web application.

WASHINGTON INTERACTIVE LICENSING DATABASE (WILD) -- BRIEFING:
Jim Lux and Jim Eby provided an update for the Commission on the WILD Project and the status of plans to develop the next generation of the recreational license sales system.

MARINE PROTECTED AREAS UPDATE -- RULE BRIEFING:
Mary Lou Mills and Mark Plunkett (Seattle Aquarium) briefed the Commission on proposed rule amendments and new WAC sections that would create Marine Protected Areas on beaches in six parks owned by the City of Seattle. The rule proposals will be proposed in approximately March 2005 through the expedited rule-making process.

NORTH OF FALCON POLICY -- BRIEFING:
Phil Anderson and Pat Pattillo briefed the Commission on key elements of the Commission's current North of Falcon Policy (C-3608), that has a termination date of December 31, 2004. The Commission will consider adoption of a renewed or revised North of Falcon Policy at its February 4-5, 2005, meeting in Olympia.

COLUMBIA RIVER WILD WINTER STEELHEAD IMPACT RATE -- BRIEFING:
Cindy LeFleur and Guy Norman briefed the Commission on a request to NOAA for modification to the current impact rate allowed under the Endangered Species Act. At the February 4-5, 2005, Commission meeting in Olympia, Department staff will request the Commission provide policy guidance regarding wild winter steelhead management in the Columbia River.

SUMMARY OF COMMISSION REQUESTS TO THE DEPARTMENT:
The Commission reviewed and updated the summary list of Commission Requests to Department staff and considered new requests.

MISCELLANEOUS AND WORKSHOP DEBRIEF:
The Commission discussed items that arose immediately before or during the workshop and after the preliminary agenda was published.

Commissioner Tuck moved, seconded by Commissioner Hunter, to request the Department provide an update on the Columbia River Agreement at the June 16-17, 2005, Commission meeting in Yakima. The motion carried unanimously.

ELECTION OF COMMISSION CHAIR AND VICE CHAIR:
Commissioner Ledgerwood moved, seconded by Commissioner Hunter, to elect Ron Ozment as Commission Chair. The motion carried unanimously.

Commissioner Hunter moved, seconded by Commissioner Roehl, to elect Fred Shiosaki as Commission Vice Chair. The motion carried unanimously.

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

ETHICS TRAINING FOR COMMISSION MEMBERS -- BRIEFING:
Lembit Ratassepp and Penny Cusick presented an overview and answered questions regarding the Ethics in Public Service Act for Commission members.

Chair Ozment adjourned the workshop at 4:15 p.m.


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


MEMOS AND AUTHORITIES FROM THE JANUARY 14-15, 2005
FISH AND WILDLIFE COMMISSION WORKSHOP, OLYMPIA



Approval of Minutes

- Motion by Ozment, second by Shiosaki, to approve the minutes of the December 3-4, 2004, Commission meeting. The motion to approve the minutes carried unanimously. *

Approval of Land Transactions

- Motion by Hunter, second by Tuck, to approve the following land transactions:

- Acquisition of the 5.14-acre Eggertsen property in Clallam County for $37,500;
- Acquisition of the 2,288-acre Dezellem Farms, Inc., property in Douglas County at the appraised value of $778,500 with the access "as is", or at the appraised value of $808,605 with access perfected;
- Acquisition of the 160-acre Bittner property in Yakima County for $120,000; and
- Sale of the (former Tibbitts) Ohop Lake property in Pierce County to The Herbrand Company for $185,000.

The motion to approve the land transactions carried unanimously.

Approval of Captive Propagation of Wild Raptors

- Motion by Tuck, second by Ozment, to adopt WAC 232-12-129, Captive propagation of raptors--Sale, records, reports and inspection, as proposed in Option B.

Motion by Schroeder, second by Ozment, to amend the motion and add a provision to revisit the rule in two years. The motion to amend the motion carried.

The motion, as amended, failed.

- Motion by Shiosaki, second by Hunter, to adopt WAC 232-12-129, Captive propagation of raptors--Sale, records, reports and inspection, as proposed in Option A.

Motion by Schroeder, second by McBrayer, to amend the motion and add a provision to revisit the rule in two years. The motion to amend the motion carried unanimously.

Motion by Tuck, second by Ozment, to amend the motion to include "(5) Wild caught raptors taken in Washington may be used for propagation purposes. Progeny shall not be used for sale or trade." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

Election of Chair and Vice Chair

- Motion by Ledgerwood, second by Hunter, to elect Ron Ozment as Commission Chair. The motion carried unanimously.

- Motion by Hunter, second by Roehl, to elect Fred Shiosaki as Commission Vice Chair. The motion carried unanimously.

Commission Requests to the Department

- Motion by Tuck, second by Hunter, to request the Department provide an update on the Columbia River Agreement at the June 16-17, 2005, Commission meeting in Yakima. The motion carried unanimously.




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

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