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

ATTENDANCE:
Commission	Public (Cont.)
Russ Cahill, Chair	Robert Hanlon, Ghost Net Commercial Divers
Ron Ozment	B. J. Thorniley, Hunters Heritage Council
Lisa Pelly	Duane Fagergren, Puget Sound Action Team
Dawn Reynolds	Tom Cowan, Northwest Straits Commission
Fred Shiosaki	Gary Wood, Island County Marine Resources Committee
Bob Tuck	Bob Fahnestock, Hunter Ed Instructor
Van Van Gytenbeek	Phil Leshowitz, RFA
Kelly White	Andrea Copping, Northwest Straits Commission
	Peter Knutson, Puget Sound Gillnet Salmon Commission
Commission Staff:	David Harsila, Puget Sound Gillnet Salmon Commission
Nancy Burkhart	Carol Sheats, Bubble Heads, Inc.
	Jim Skalski, OFM
Department	Ed Owens
Jeff Koenings, Director	Jim O'Donnell
Larry Peck, Deputy Director	Janet Baker
Ernie Rushing, AGO	Lloyd Phinney, Puget Sound Gillnet Salmon Commission
Bill Frymire, AGO	Clifford Phillips
Jim Lux	Tendon & Norma Wakeley
Dan Budd	Bill & Andrea Newby
Mik Mikitik	James Kramer
Evan Jacoby	Punky Sewell, WA State Hound Council
Phil Anderson	Christopher Papouches, Mountain Lion Foundation
Michele Robinson	Jim Pearson SCI
Brian Culver	John Sewell, WA State Hound Council
Steve Dauma	Doug Fricke
Dennis Beich	Nathan Van Mechelen, Cowlitz Tribe
Donny Martorello	Rob Kavanaugh
Jerry Nelson	Alonzo Smalley
Mick Cope	Dianna Smalley
Don Kraege	Sheila Lynch
Dave Ware	Alan Stat, Muckleshoot Tribe
Ross Fuller	George Joyner, Ruffed Grouse Society
Morris Barker	Robin Torner, Cowlitz Indian Tribe
Frank Hawley	Lisa Wathne, The Humane Society of the U.S.
Other Department Staff	Tony Wells, Citizens for Washington Wildlife
	Dan Van Mechelen, Cowlitz Tribe
Public	Bernice Van Mechelen, Cowlitz Tribe
Juanita Clark, Cowlitz Tribe	Don Van Mechelen, Cowlitz Tribe
Earl Torstvet, Cowlitz Tribe	Elmer Smith, Cowlitz Tribe
John Bell, Puyallup Tribe	David Russell, Cowlitz Tribe
Pete Krugh, Squaxin Island Tribe	Rod Van Mechelen, Cowlitz Tribe
Kevin Lyon, Squaxin Island Tribe	Patrick Condon, The Olympian
Jim Peters, Squaxin Island Tribe	Greg LaRue, Cowlitz Tribe
Larry Coyle, Cowlitz Tribe	Tom Banse, NPR News
Sheridan Thomas, Progressive Animal Welfare Soc.	Ben Welton
Bob Danielson	Greg Christensen, Fat Chance Mining Resources Coalition
Steve Gray, Crab Association	Steve Sutton
Bill Neal, Ruffed Grouse Society	James Lake, Ruffed Grouse Society

FRIDAY, JUNE 7:

Chair Cahill called the meeting to order at 8:04 a.m.

LEGAL OVERVIEW:
Assistant Attorney General Ernie Rushing provided an overview of legal developments affecting the Department.

EXECUTIVE SESSION:
The Commission went into Executive Session to discuss current and/or potential litigation.

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

Commissioner Reynolds suggested the Department check on lakes in the Tucannon area. The access areas are cluttered with garbage, no enforcement presence, and no signs posted regarding effects of nylon fishing gear. The Department was asked to add information to the Department's web page regarding the effects of nylon fishing gear on birds.

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

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

NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE -- BRIEFING:
Staff and Commission members (Duane Fagergren, Andrea Copping, Gary Wood, and Tom Cowan) of the Northwest Straits Marine Conservation Initiative discussed the Initiative's efforts concerning marine protected areas, forage fish inventories, and the derelict fishing gear removal project.

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

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

Commissioner Van Gytenbeek moved, seconded by Commissioner Reynolds, to approve the following land transactions:

- Acquisition of the 147.66-acre Gross property in Douglas County for $47,000;

- Acquisition of the .31-acre Kettle property in Clallam County for $64,000;

- Acquisition of the 11.8-acre Schneider property in Clallam County for $131,000;

- Acquisition of the 6-acre Washington State Department of Transportation Yakima River access at Thorp in Kittitas County for $30,000;

- Acquisition of the 4.44-acre Phil Olsen property in Pacific County through exchange of 22 acres of conservation easement encumbered Department land in Pacific County;

- Exchange of 1.43 acres of Department land for 1.43 acres of Joseph Curry land at Omak Hatchery in Okanogan County; and

- Exchange of .74 acres of Department land for a backup well at the Colville Hatchery in Stevens County.

The motion to approve the land transactions carried unanimously.

AWARDS -- HUNTER EDUCATION INSTRUCTORS:
Awards of recognition and appreciation were presented to the following gentlemen who typify the qualities commonly found among hunter education instructors throughout the nation: community service, a commitment to safety, dedication to the outdoors and hunting, an abiding interest in wildlife and conservation, and genuine respect for all outdoor recreationists:

- Fred Burr, Seattle
- Sam Dietz, Pullman
- Robert Fahnestock, Centralia
- James Kramer, Kirkland
- William Newby, Marblemount
- Cliff Phillips, Tacoma
- Tendon Wakeley, Bellevue
- Robert Emerson, Renton
- Howard Gardner, Richland.

HUNTER EDUCATION PROGRAM -- BRIEFING:
Mik Mikitik briefed the Commission on the Hunter Education Program and issues.

ADOPTION OF ESA FISH RULES:
Evan Jacoby presented two rule proposals for increased protection of ESA threatened and ESA endangered fish.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner Reynolds, to adopt the following rules:

- WAC 220-56-193, Closed Season--Endangered Species Act Fish Classified as Threatened; and

- WAC 220-56-194, Closed Season--Endangered Species Act Fish Classified as Endangered.

The motion to adopt the rules carried.

COASTAL DUNGENESS CRAB SUMMER FISHERY MANAGEMENT PLAN -- BRIEFING:
Phil Anderson and Michele Robinson briefed the Commission on the development and contents of the Coastal Dungeness Crab Summer Fishery Management Plan and the proposed management measures for the summer crab fishery.

YELLOWEYE ROCKFISH HARVEST REDUCTIONS -- BRIEFING:
Phil Anderson, Brian Culver, and Morris Barker briefed the Commission on the needed reduction of harvest for the yelloweye rockfish species.

Public input on and Commission consideration of adoption of the final rule proposal will occur at the August 2-3, 2002 Commission meeting in Aberdeen.

AMENDMENT TO TRIBAL HUNTING--MEDICINE CREEK TREATY HUNTERS--ENFORCEMENT POLICY:
Phil Anderson presented a proposed permanent amendment to WAC 232-12-253, Tribal Hunting--Medicine Creek Treaty Hunters. This amendment would address the Medicine Creek Treaty Tribe's southern boundary for the purpose of defining where the Department will enforce state hunting regulations with respect to enrolled members of said tribes hunting pursuant to their respective tribal regulations.

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

Commissioner Tuck recused himself from discussion and vote on the proposed amendment to the rule.

Commissioner Pelly moved, seconded by Commissioner White, to adopt the permanent amendment to WAC 232-12-253, Tribal Hunting--Medicine Creek Treaty Hunters--Enforcement Policy. The motion to adopt the permanent amendment to the rule carried.

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

2001-2002 PUBLIC SAFETY COUGAR REMOVALS -- BRIEFING:
Steve Dauma briefed the Commission on the 2001-2002 public safety cougar removals with the aid of dogs. He provided information reviewing adjustments made following the 2000-2001 removal season, rate of success for the 2001-2002 season, and issues identified during the most recent season.

REGIONAL TASK GROUPS' REVIEW OF PUBLIC SAFETY COUGAR MANAGEMENT -- BRIEFING:
Steve Dauma, Donny Martorello and Dennis Beich briefed the Commission on the results of the regional task groups' review of the dangerous wildlife policy and public safety cougar removals.

Commissioners suggested the Department add this presentation to the Department's web page.

Chair Cahill recessed the meeting at 6:09 p.m

SATURDAY, JUNE 8:

Chair Cahill called the meeting back to order at 9:02 a.m.

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

AMENDMENTS TO MANDATORY REPORTING INCENTIVE PERMIT HUNTS AND AUCTION AND RAFFLE PERMITS:
Donny Martorello presented the following rule proposals:

- Adoption of a permanent amendment to WAC 232-28-299, Mandatory Report of Hunting Activity: This amendment would restrict elk incentive permit holders from hunting GMUs 162 and 166 for 2002.

- Adoption of WAC 232-28-282, Big Game and Wild Turkey Auction, Raffle, and Special Incentive Permits: This rule would create a permanent WAC that will regulate season dates, closures, and bag limits for auction, raffle and special incentive permits for big game and wild turkey.

- Repeal of WAC 232-28-277, 2001, 2002, 2003 Big Game and Wild Turkey Auction Permits and Raffles: Repeal of this rule is necessary to avoid confusion with existing rules.

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

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

- Permanent amendment to WAC 232-28-299, Mandatory Report of Hunting Activity; and

- WAC 232-28-282, Big Game and Wild Turkey Auction, Raffle, and Special Incentive Permits, with an effective date of January 1, 2003;

and to repeal WAC 232-28-277, 2001, 2002, 2003 Big Game and Wild Turkey Auction Permits and Raffles, with an effective date of January 1, 2003.

AMENDMENT TO FIELD IDENTIFICATION OF WILDLIFE--EVIDENCE OF SEX--DEFINITIONS:
Jerry Nelson presented a proposed permanent amendment to WAC 232-12-267, Field Identification of Wildlife--Evidence of Sex--Definitions. This amendment would establish a means to facilitate disease testing while retaining proof of sex requirements for deer and elk harvested.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner Ozment, to adopt the permanent amendment to WAC 232-12-267, Field Identification of Wildlife--Evidence of Sex--Definitions. The motion to adopt the permanent amendment to the rule carried unanimously.

STATUS OF RUFFED AND BLUE GROUSE -- BRIEFING:
Mick Cope briefed the Commission on the status of ruffed and blue grouse.

AMENDMENT TO 2002-03 OFFICIAL HUNTING HOURS AND SMALL GAME SEASONS:
Don Kraege and Mick Cope presented a proposed permanent amendment to WAC 232-28-276, 2001-02, 2002-03 Official Hunting Hours and Small Game Seasons. This amendment would establish a 2002-03 hunting season for band-tailed pigeons, increase fall turkey hunting permits in northeastern Washington, and establish an extended western Washington pheasant season in December.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner White, to adopt the permanent amendment to WAC 232-28-276, 2000-01, 2001-02, and 2002-03 Official Hunting Hours and Small Game Seasons. The motion to adopt the permanent amendment to the rule carried unanimously.

RESIDENT CANADA GOOSE MANAGEMENT -- BRIEFING:
Don Kraege and Dave Ware briefed the Commission on resident Canada goose management.

SALE OF SALMON EGGS -- BRIEFING:
Ross Fuller briefed the Commission on rule proposals to prohibit the sale of salmon eggs without the salmon carcass to prevent wastage of coho and chinook salmon, and improve catch reporting.

Public input on and Commission consideration of adoption of the final rule proposals will occur at the August 2-3, 2002 Commission meeting in Aberdeen.

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

RETAIL LICENSE ENDORSEMENT -- BRIEFING:
Morris Barker and Frank Hawley briefed the Commission on rule proposals to provide salmon and crab fishers the ability to sell their own catch at retail.

Public input on and Commission consideration of adoption of the final rule proposal will occur at the August 2-3, 2002 Commission meeting in Aberdeen.

Commissioners suggested the Department distribute a news release and include information on the Department's web page explaining the direct retail endorsement. The Department should also send notification to all salmon and crab commercial fishery license holders.

DOGFISH MANAGEMENT -- BRIEFING:
Greg Bargmann briefed the Commission on rule proposals to develop a harvest quota for the Puget Sound dogfish fishery.

Public input on and Commission consideration of adoption of the final rule proposal will occur at the August 2-3, 2002 Commission meeting in Aberdeen.

BALLAST WATER DISCHARGE REPORTING RULES -- BRIEFING:
Scott Smith briefed the Commission on the progress to date in implementing the ballast water laws and amendments made by the 2002 Legislature.

Public input on and Commission consideration of adoption of the final rule proposals will occur at the August 2-3, 2002 Commission meeting in Aberdeen.

CLASSIFYING AND CONTROLLING AQUATIC NUISANCE SPECIES -- BRIEFING:
Scott Smith briefed the Commission on rule proposals for a screening and classification system to control aquatic nuisance species and begin implementation of SB 6553, passed by the 2002 Legislature.

Public input on and Commission consideration of adoption of the final rule proposals will occur at the August 2-3, 2002 Commission meeting in Aberdeen.

OCEAN PINK SHRIMP/BYCATCH REDUCTION DEVICES -- BRIEFING:
Morris Barker briefed the Commission on the status of future rule proposals defining legal bycatch reduction devices that may be used to reduce groundfish bycatch in the coastal pink shrimp fishery. These rule proposals will not be presented for Commission consideration of adoption at the August meeting; similar rule proposals will be considered next spring.

SEA CUCUMBER/SEA URCHIN DISTRICTS, BOUNDARIES, AND AREAS; CLOSURES AND DESCRIPTIONS -- BRIEFING:
Morris Barker briefed the Commission on rule proposals to amend and make permanent sea cucumber and sea urchin districts, boundaries and area descriptions.

Public input on and Commission consideration of adoption of the final rule proposals will occur at the August 2-3, 2002 Commission meeting in Aberdeen.

MISCELLANEOUS AND MEETING DEBRIEF:
Chair Cahill suggested the Department add information to its web page and distribute a news release informing the public about the pollution caused by jet boats and ski boats on South Sound lakes and rivers.

Deputy Director Peck will check on the concerns expressed by Greg Christensen involving gold dredging.

Chair Cahill adjourned the meeting at 2:02 p.m.

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

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