Washington Department of Fish and Wildlife Meeting Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
WORKSHOP
June 9-10, 2000

Department of Labor and Industries
7273 Linderson Way S.W.
Tumwater, Washington

ATTENDANCE:
Commission Department(Cont.)
Kelly White, Chairman Phil Anderson
Russ Cahill, Vice Chairman Jack Tagart
Don Heinicke Jay Odell
Lisa Pelly Jennifer Cahalan
Dawn Reynolds Bruce Crawford
Will Roehl Harriet Allen
Fred Shiosaki Greg Bargmann
Bob Tuck Scott Smith
Van Van Gytenbeek Bob Gibbons
Morris Barker
Commission Staff: Other Department Staff
Debbie Nelson
Public
Department Richard Rzesutek
Jeff Koenings, Director Jim Peters, Squaxin Island Tribe
Larry Peck, Deputy Director Bob Oke, Senator
Jim Lux Mark Cedergreen, WCBA
Harvey Childs James Hearn
Sarah LaBorde Mark Skatrud, Northwest Ecosystem Alliance
Dan Budd Bobbie Thorniley, Hunters Heritage Council
John BVroome Vernon Young
Dave Brittell Judith Graham, WA Trollers' Association
Bruce Bjork John Douglas
Dave Ware
Mark Kimbel

FRIDAY, JUNE 9:

Chairman White called the workshop to order at 10:10 a.m.

COMMISSIONERS' DISCUSSION:

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

DIRECTOR'S REPORT:

Deputy Director Peck reviewed significant Department issues and activities.

A coalition of farmers, environmental groups, government agencies, legislators, and tribes have joined in a collaborative effort to address fish habitat, water, and pollution control on farmland. The project, called "Agriculture, Fish and Water" (AFW) is one of the habitat cornerstones of the Governor's Salmon Recovery Plan. Department staff will provide a future briefing to the Commission on AFW negotiations.

BUDGET UPDATE:

Jim Lux and Harvey Childs provided status reports on the Department's current biennial budget and the capital budget process for the 2001-03 biennium request.

Public input on and Commission consideration of approval of the Department's proposed 2001-03 operating and capital budgets for submission to the Office of Financial Management will occur at the August 11-12, 2000 Commission meeting.

PROPOSED LAND TRANSACTIONS:

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

Commissioner Roehl moved, seconded by Commissioner Cahill, to approve the following land transactions:

- Acquisition of the 376-acre Samuel Smith property in Douglas County for $124,000;

- Grant a .2-acre slope and bicycle path easement in Douglas County to the Department of Transportation for $250; and

- Bisbee Mountain #2 timber sale (approx. 650,000 board feet) at the Sherman Creek Wildlife Area in Ferry County for a minimum of $168,786.50.

The motion carried unanimously.

Regarding the sale of the surplus parcel known as the Yakima Hatchery to the Yakima Airport which is operated by the City of Yakima and Yakima County, Commissioner Tuck expressed concern that the City may convert the existing non-consumptive water right to a consumptive water right, which would reduce the amount of water in the stream.

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to table consideration of approval of the sale of the Yakima Hatchery site until a future meeting or workshop, but no later than the August 11-12, 2000 Commission meeting. In the interim, the Department is to provide the Commission with information on retention of water rights. The motion carried unanimously.

STRATEGIC BUSINESS PLANNING PROCESS:

Sara LaBorde briefed the Commission on the Department's progress on the strategic plan and balanced scorecard, which have been identified as essential first steps in the development of the Department's 2001-03 biennial budget.

UPDATE ON RULE AND CRITERIA DEVELOPMENT FOR COUGAR
REMOVAL WITH THE AID OF DOGS:

Bruce Bjork, John Broome, and Donny Martorello presented a time line for rule and criteria development for cougar removal with the aid of dogs for public safety. Public input on and Commission consideration of adoption of the proposed rules and criteria will occur at the September 16, 2000 Commission meeting.

ALTERNATIVE METHODS FOR ADOPTION OF HUNTING SEASONS:

Dave Ware presented the Department's request for further instruction from the Commission on whether to develop policies that facilitate delegation of specific hunting season authority to the Director.

The consensus of the Commission was rather than bring forth delegation opportunities, the Department should refine policy that guides the recommendations and simplifies the rule adoption process.

HATCHERY EVALUATION -- BRIEFING:

Mark Kimbel provided an update on the progress to date of evaluating hatchery production for compliance with the Endangered Species Act and the Wild Salmonid Policy.

DOGFISH UPDATE -- BRIEFING:

Greg Bargmann briefed the Commission on the 2000 decision process for management of the dogfish fishery. Department staff will monitor the fishery in 2000 and request regulatory action if it appears that it is necessary.

COMMERCIAL BOTTOMFISH GEAR RULES -- BRIEFING:

Morris Barker briefed the Commission on a rule proposal to close inshore bottomfish trawling from zero to three miles offshore and in waters west of the Sekiu River to prevent a reduction in the integrity of the management goals and objectives for nearshore rockfish species.

Public input on and Commission consideration of adoption of the final rule proposal will occur at the August 11-12, 2000 Commission meeting in Tukwila.

SCALLOP TRAWL LICENSE DESIGNATION -- BRIEFING:

Morris Barker briefed the Commission on a rule proposal to provide the scallop fishery with a new license designation entitled Puget Sound Foodfish Trawl.

Public input on and Commission consideration of adoption of the final rule proposal will occur at the August 11-12, 2000 Commission meeting in Tukwila.

COASTAL SPOT SHRIMP FISHERY REGULATION CHANGES -- BRIEFING:

Morris Barker briefed the Commission on proposed housekeeping, catch quota, and season changes for the coastal spot shrimp fishery.

Public input on and Commission consideration of adoption of the final rule proposals will occur at the August 11-12, 2000 Commission meeting in Tukwila.

CONSERVATION AREAS AND MARINE PRESERVES -- BRIEFING:

In preparation for final rule adoption, Mary Lou Mills briefed the Commission on the outreach conducted and public comments received since the boundaries of the marine preserves were adopted.

Public input on and Commission consideration of adoption of final rule proposals will occur at the August 11-12, 2000 Commission meeting in Tukwila.

BALLAST WATER LEGISLATION/RULES -- BRIEFING:

Scott Smith briefed the Commission on the Department's role in implementing Substitute House Bill 2466. This bill will reduce the risk of introducing new destructive nonindigenous species from ballast water.

Public input on and Commission consideration of adoption of a final rule proposal for ballast water management and control will occur at the August 11-12, 2000 Commission meeting in Tukwila.

REPEAL OF STEELHEAD GUIDE REPORT REQUIREMENT:

Bob Gibbons presented the Department's recommendation of repeal of WAC 232-12-161, Fishing Guide Reports, to eliminate an outdated and unnecessary reporting requirement.

No oral testimony on the proposed repeal was received during the workshop.

Commissioner Van Gytenbeek moved, seconded by Commissioner Tuck, to repeal WAC 232-12-161, Fishing Guide Reports. The motion carried unanimously.

YOUTH SPORT FISHING PROGRAM PLAN -- BRIEFING:

Bob Gibbons briefed the Commission on the draft Youth Sport Fishing Program Plan to enhance youth participation in fishing.

Commissioner Shiosaki moved, seconded by Commissioner Reynolds, to approve the basic concepts of the draft Youth Sport Fishing Program Plan, and to direct the Department to distribute the Plan for review and to submit a final Plan for Commission consideration of approval at the August 11-12, 2000 meeting. The motion carried unanimously.

Senator Bob Oke briefly discussed Eastern Washington pheasant enhancement.

Chairman White recessed the workshop at 5:30 p.m.

SATURDAY, JUNE 10:

The Commission met in Executive Session to discuss current and/or potential litigation.

Vice Chairman Cahill called the workshop back to order at 10:15 a.m.

REVISED POLICY GUIDELINES FOR PACIFIC FISHERY MANAGEMENT
COUNCIL REPRESENTATION -- BRIEFING:

Phil Anderson briefed the Commission on recommended modifications to the Policy Guidelines for Pacific Fishery Management Council Representation.

Public input on and Commission consideration of adoption of the draft revised policy will occur at the August 11-12, 2000 Commission meeting in Tukwila.

MARINE FISH CULTURE POLICY -- BRIEFING:

Phil Anderson and Jack Tagart briefed the Commission on the proposed Marine Fish Culture Policy and the procedures for implementing that policy.

Public input on and Commission consideration of adoption of the final proposed policy will occur at the August 11-12, 2000 Commission meeting in Tukwila. Commissioners suggested the proposed policy be widely distributed for public review and comment prior to the August meeting.

FINAL REPORT ON REGION 4 CRAB FEASIBILITY STUDY:

Jay Odell and Jennifer Cahalan presented the final report on the feasibility of conducting crab abundance surveys in Crustacean Management Region 4 and briefed the Commission on the various methods evaluated, approximate costs for each method, and identification of the method which could produce the most useful results. Sampling design for a pilot study which incorporates commercial crab fishery assistance was presented.

Commissioners agreed the Department should proceed with a pilot study to determine crab abundance in Crustacean Management Region 4.

PUGET SOUND COMMERCIAL SHRIMP RULE CHANGES -- BRIEFING:

Jay Odell briefed the Commission on proposed housekeeping changes to the Puget Sound commercial shrimp rules to complete the first phase of transition from emerging commercial fisheries management to a limited entry, and one change to Gulf of Georgia shrimp trawl seasons.

Public input on and Commission consideration of adoption of the final rule proposals will occur at the August 11-12, 2000 Commission meeting in Tukwila.

PUGET SOUND COMMERCIAL DUNGENESS CRAB RULE
CHANGES -- BRIEFING:

Jay Odell briefed the Commission on proposed amendments to current Puget Sound commercial Dungeness crab rules regarding closed areas, seasons, and pot limits.

Public input on and Commission consideration of adoption of the final rule proposals will occur at the August 11-12, 2000 Commission meeting in Tukwila.

PUGET SOUND CRUSTACEAN MANAGEMENT REGIONS -- BRIEFING:

Jay Odell briefed the Commission on rule proposals to remove the descriptions for crustacean management regions from the Puget Sound commercial shrimp rules and add them to Chapter 220-20, General Provisions, with other general boundary descriptions.

Public input on and Commission consideration of adoption of the final rule proposals will occur at the August 11-12, 2000 Commission meeting in Tukwila.

SHELLFISH HARVEST LOGBOOK AMENDMENTS -- BRIEFING:

Jay Odell briefed the Commission on proposed amendments to current rules regarding Puget Sound commercial shrimp pot fishery reporting requirements.

Public input on and Commission consideration of adoption of the final rule proposals will occur at the August 11-12, 2000 Commission meeting in Tukwila.

BUYBACK OF COASTAL COMMERCIAL SALMON LICENSES -- BRIEFING:

Bruce Crawford briefed the Commission on rule proposals for conducting the buyback of coastal commercial salmon licenses.

Public input on and Commission consideration of adoption of the final rule proposals will occur at the August 11-12, 2000 Commission meeting in Tukwila. Commissioners requested that the Department make sure that adequate public involvement and opportunity for public comment on the rule proposals occur prior to the August meeting.

Commissioners requested they be provided with copies of Bruce's presentation.

CONSERVATION AND REINVESTMENT ACT UPDATE:

Director Koenings presented an update on the status of the Conservation and Reinvestment Act.

APPROVAL OF MINUTES:

Commissioner Tuck moved, seconded by Commissioner Roehl, to approve the Minutes of the following:

- February 4-5, 2000 Commission meeting
- March 17-18, 2000 Commission workshop
- March 23, 2000 Commission conference call
- April 7-8, 2000 Commission meeting
- April 13, 2000 Commission conference call
- May 4, 2000 Commission conference call
- May 18, 2000 Commission conference call.

The motion carried unanimously. (Commissioners White, Van Gytenbeek, and Reynolds were absent during discussion and vote on the motion.)

COMMISSION REQUESTS TO THE DEPARTMENT:

The Commission reviewed the Summary of Commission Requests to the Department and considered future requests.

Commissioners requested the Department provide at the August 11-12, 2000 Commission meeting an oral briefing on its review of the economic impacts of selling multiple two-consecutive day short-term fishing licenses to nonresidents.

Since Commissioner Reynolds made the original motion and she was not present at the workshop, Commissioner Pelly moved, seconded by Commissioner Tuck, to table until the August 11-12, 2000 meeting consideration of adoption of the motion made at the April 7-8, 2000 meeting and tabled until the June 9-10, 2000 workshop that would request the Department determine whether the common loon should be listed as threatened. The motion carried unanimously. (Commissioners White, Van Gytenbeek, and Reynolds were absent during discussion and vote on the motion.) Harriet Allen volunteered to contact Commissioner Reynolds prior to the August 11-12, 2000 meeting to explain the current listing process.

Commissioner Pelly moved, seconded by Commissioner Roehl, to request that the Department provide at the December 8-9, 2000 Commission meeting a briefing on the technical report Pacific Salmon and Wildlife and the ecological relationships between salmon and wildlife. The motion carried unanimously. (Commissioners White, Van Gytenbeek, and Reynolds were absent during discussion and vote on the motion.)

Commissioner Pelly moved, seconded by Commissioner Roehl, to request that the Department hold a Commission-sponsored meeting/seminar to brief the public on western water law and Washington water law. The motion carried unanimously. (Commissioners White, Van Gytenbeek, and Reynolds were absent during discussion and vote on the motion.)

Commissioner Pelly moved, seconded by Commissioner Shiosaki, to request that the Department identify rivers that could provide additional selective and quality trout opportunity for the 2001-2002 seasons. The motion carried unanimously. (Commissioners White, Van Gytenbeek, and Reynolds were absent during discussion and vote on the motion.)

Commissioner Cahill moved, seconded by Commissioner Heinicke, to request that the Department present at the December 8-9, 2000 meeting a rule proposal to allow non-destructive gold panning recreation. The motion carried unanimously. (Commissioners White, Van Gytenbeek, and Reynolds were absent during discussion and vote on the motion.)

Commissioner Tuck moved, seconded by Commissioner Shiosaki, to request that the Department provide at the October 6-7, 2000 workshop a briefing on the extent and nature of timber on Department lands and management objectives for various parcels of timber. The motion carried unanimously. (Commissioners White, Van Gytenbeek, and Reynolds were absent during discussion and vote on the motion.)

Vice Chairman Cahill adjourned the workshop at 2:40 p.m.



MEMOS AND AUTHORITIES FROM THE JUNE 9-10, 2000
FISH AND WILDLIFE COMMISSION WORKSHOP, OLYMPIA






Proposed Land Transactions

- Motion by Roehl, second by Cahill, to approve the following land transactions:
-- Acquisition of the 376-acre Samuel Smith property in Douglas County for $124,000;
-- Grant a .2-acre slope and bicycle path easement in Douglas County to the Department of Transportation for $250; and
-- Bisbee Mountain #2 timber sale (approx. 650,000 board feet) at the Sherman Creek Wildlife Area in Ferry County for a minimum of $168,786.50.
The motion carried unanimously.

- Motion by Roehl, second by Van Gytenbeek, to table consideration of approval of the sale of the Yakima Hatchery site until a future meeting or workshop, but no later than the August 11-12, 2000 Commission meeting. In the interim, the Department is to provide the Commission with information on retention of water rights. The motion carried unanimously.

Repeal of Steelhead Guide Report Requirement

- Motion by Van Gytenbeek, second by Tuck, to repeal WAC 232-12-161, Fishing Guide Reports. The motion carried unanimously.

Approval of Basic Concepts of Draft Youth Sport Fishing Program Plan

- Motion by Shiosaki, second by Reynolds, to approve the basic concepts of the draft Youth Sport Fishing Program Plan, and to direct the Department to distribute the Plan for review and to submit a final Plan for Commission consideration of approval at the August 11-12, 2000 meeting. The motion carried unanimously.

Approval of Commission Minutes

- Motion by Tuck, second by Roehl, to approve the Minutes of the following:

-- February 4-5, 2000 Commission meeting
-- March 17-18, 2000 Commission workshop
-- March 23, 2000 Commission conference call
-- April 7-8, 2000 Commission meeting
-- April 13, 2000 Commission conference call
-- May 4, 2000 Commission conference call
-- May 18, 2000 Commission conference call.
The motion carried unanimously. *

Commission Requests to the Department

- Motion by Pelly, second by Tuck, to table until the August 11-12, 2000 meeting consideration of adoption of the motion made at the April 7-8, 2000 meeting and tabled until the June 9-10, 2000 workshop that would request the Department determine whether the common loon should be listed as threatened. The motion carried unanimously. *

- Motion by Pelly, second by Roehl, to request that the Department provide at the December 8-9, 2000 Commission meeting a briefing on the technical report Pacific Salmon and Wildlife and the ecological relationships between salmon and wildlife. The motion carried unanimously. *

- Motion by Pelly, second by Roehl, to request that the Department hold a Commission-sponsored meeting/seminar to brief the public on western water law and Washington water law. The motion carried unanimously. *

- Motion by Pelly, second by Shiosaki, to request that the Department identify rivers that could provide additional selective and quality trout opportunity for the 2001-2002 seasons. The motion carried unanimously. *

- Motion by Cahill, second by Heinicke, to request that the Department present at the December 8-9, 2000 meeting a rule proposal to allow non-destructive gold panning recreation. The motion carried unanimously. *

- Motion by Tuck, second by Shiosaki, to request that the Department provide at the October 6-7, 2000 workshop a briefing on the extent and nature of timber on Department lands and management objectives for various parcels of timber. The motion carried unanimously. *

* Commissioners White, Van Gytenbeek, and Reynolds were absent during discussion and vote on the motion.

Commissioners in Attendance:

Kelly White, Chairman

Russ Cahill, Vice Chairman

Don Heinicke

Lisa Pelly

Dawn Reynolds

Will Roehl

Fred Shiosaki

Bob Tuck

Van Van Gytenbeek

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