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

CONFERENCE CALL June 1, 2000 - 9:00 a.m. Olympia, Washington ATTENDANCE: Commission Department Kelly White, Chairman Jeff Koenings, Director Russ Cahill, Vice Chairman Larry Peck, Deputy Director Don Heinicke Phil Anderson Lisa Pelly Jay Geck Dawn Reynolds Other Department Staff Will Roehl Bob Tuck Public Van Van Gytenbeek Tom Kelly Dale Beasley Commission Staff: Steve Gray Debbie Nelson COASTAL DUNGENESS CRAB: Phil Anderson and Jay Geck presented the Department's recommendation that the Commission rescind the rule-making authority delegated to the Director at the April 2000 meeting to implement the Coastal Dungeness Crab Even Flow Harvest Management Plan and provide the Director with the authority to adopt a tiered pot limit system that achieves a minimum of a 5 percent reduction in the total number of pots used by Washington licensed fishers. At the April 8, 2000 meeting the Commission approved Option B (three-tiered pot limit system, based on catch history) as the modified preferred alternative in the Plan and delegated authority to the Director to adopt permanent and emergency regulations to implement the Plan. Following that meeting industry representatives met with staff to discuss what, if any, flexibility the Director had relative to implementing a pot limit system that varied from what the Commission adopted and to attempt to reach a compromise regarding a pot limit system. Participants were unable to reach a consensus. Another issue has surfaced since the April meeting. The Attorney General's Office has advised the Department that the Director should retain a level of flexibility during the rule adoption process to ensure that the public hearing associated with the permanent rule process is meaningful. The Attorney General's Office recommends that the delegation of authority be broader to the extent that it would allow the Director a level of discretion to respond to public comments when considering final adoption of the rules necessary to implement the Plan. Another option available to the Commission is to rescind the rule-making authority delegated to the Director and adopt the regulations itself. Three individuals provided oral testimony on the proposal during the conference call. Commissioners agreed that the intent of their action taken at the April meeting was to delegate authority to the Director to adopt regulations to implement the Plan, including a three-tiered pot limit system (300, 450, 500) based on catch history. Commissioner Cahill moved, seconded by Commissioner Van Gytenbeek, to adopt Option 1: To rescind the rule-making authority delegated to the Director to implement the Coastal Dungeness Crab Even Flow Harvest Management Plan at the Commission's April 7-8, 2000 meeting; Department will file the CR 102 (rule proposal) by June 20; Commission will take public input and consider rule adoption at its August 11-12, 2000 meeting; and Rule would be effective mid-September. The motion carried unanimously. Commissioners and Deputy Director Peck discussed recent activities and items of interest. MEMOS AND AUTHORITIES FROM THE JUNE 1, 2000 FISH AND WILDLIFE COMMISSION CONFERENCE CALL, OLYMPIA Coastal Dungeness Crab - Motion by Cahill, second by Commissioner Van Gytenbeek, to adopt Option 1: To rescind the rule-making authority delegated to the Director to implement the Coastal Dungeness Crab Even Flow Harvest Management Plan at the Commission's April 7-8, 2000 meeting; Department will file the CR 102 (rule proposal) by June 20; Commission will take public input and consider rule adoption at its August 11-12, 2000 meeting; and Rule would be effective mid-September. The motion carried unanimously. Commissioners in Attendance: Kelly White, Chairman Russ Cahill, Vice Chairman Don Heinicke Lisa Pelly Dawn Reynolds Will Roehl Bob Tuck Van Van Gytenbeek

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