Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
MEETING
March 4-5, 2005

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

ATTENDANCE:
Commission Public (Continued)
Ron Ozment, Chair B.J. Thorniley, WA Trappers Assoc., Okanogan Hound Club, Washingtonians
Fred Shiosaki, Vice Chair Rex McDonald
Ken Chew Paula Del Giudia, Nat'l Wildlife Federation
John A. Hunter Dan Lienan, City of Forks
Holly Ledgerwood Karen Edwards
Clyde McBrayer Jim Pearson, SCI
Will Roehl Ronald Wilson
J. Pete Schroeder Susan Wilson
Bob Tuck Keith Wederspahn
Robert P. Carstensen
Commission Staff: Bob E. Dulaney, Puyallup Bed Rock Prospectors
Susan Yeager Stephen Trent
Nancy Burkhart James H. Franklin
Harry Wilson
Department Seward Ettenhofer
Jeff Koenings, Director Douglas L. Gray
Larry Peck, Deputy Director Ron Willerscheidt
Jim Lux Mark Erickson
Bruce Bjork Lew Legat
Lew Atkins Dot Wilson
Greg Hueckel Betty Beatty
Phil Anderson Candy Christensen
Bill Frymire, AGO Greg Christensen
Gayle Kreitman Dan Miller
Harriet Allen Joe Williams
Linda Saunders Saundra Richartz, Sen. Bob Morton's Office
Jim Michaels Carl Burke, NSIA
Dan Budd Belinda Lee Allen , Bedrock Prospectors Club
Mik Mikitik Michael Allen, Bedrock Prospectors Club
Sean Carrell Tom Condon, Bedrock Prospectors Club
Morris Barker John M. Tschannen, Miners Response Team
Evan Jacoby Greg Reineccius, Bedrock Prospectors Club
Lisa Veneroso Kendra Reineccius, Bedrock Prospectors Club
Michele Culver Rich Kato, NSIA
Other Department staff Steve Ericsson
Don Overby
Public Lawrence Schinke, Recreational Crab Adv. Board
Ron Highfill Laurence A. Bucklin, Puget Sound Anglers
Heath Packard, Audubon Society Jack Hopkins
J.K. Johnson, WA State Muzzleloaders Assoc. John Starr, Muckleshoot Indian Tribe
Corey Freeman, RFA Robin Downey, PCSGA
Marvin Starr, Jr., Muckleshoot Indian Tribe Kevin Lyon, Squaxin Island Tribe
Jim Peters, Squaxin Island Tribe Alan Stay, Muckleshoot Indian Tribe
Rob Kavanaugh Mike Iyall, Cowlitz Indian Tribe
Rob Torner Gerald Moses, Muckleshoot Indian Tribe
Philip Harju, Cowlitz Indian Tribe

FRIDAY, MARCH 4:

Chair Ozment called the meeting to order at 9:05 a.m.

APPROVAL OF MINUTES:
Commissioner Hunter moved, seconded by Commissioner Ledgerwood, to approve the minutes of the of the February 4-5, 2005, Commission meeting. The motion to approve the minutes carried unanimously.
(Commissioner Roehl was absent during discussion and vote on the motion.)

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.

LEGISLATIVE UPDATE:
Tom Davis provided a legislative update.

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

GOLD AND FISH PAMPHLET UPDATE -- BRIEFING:
Gayle Kreitman briefed the Commission on the status of issues associated with the Department's "Gold and Fish" pamphlet, which contains Hydraulic Code rules and regulations specific to mineral prospecting and placer mining in Washington state.

2005 DIRECTOR GOALS -- DISCUSSION:
The Commission and Director Koenings reviewed the 2004 WDFW Director Goals and discussed updates for 2005.

WOLF MANAGEMENT IN WASHINGTON STATE -- BRIEFING:
Harriet Allen, Linda Saunders, Jim Michaels (U.S. Fish & Wildlife Service), and Roger Woodruff (U.S. Department of Agriculture) briefed the Commission on the status of wolf recovery and management in the state of Washington.

PROPOSED LAND TRANSACTIONS -- DECISION:
Dan Budd presented one land transaction for the Commission's consideration and approval.

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to approve the following land transaction:

- Acquisition of the 330.22-acre Pope Resources property in Kitsap County for $764,000.
The motion to approve the land transaction carried unanimously.
(Commissioner Roehl was absent during discussion and vote on the motion.)

HUNTER EDUCATION PROGRAM UPDATE -- BRIEFING:
Mik Mikitik and Bruce Bjork provided an update on the progress of responding to the U.S. Fish & Wildlife Service's January 2003 review of the program, along with a brief overview on the history of hunter education.

DISPOSAL OF WILDLIFE HIDES -- BRIEFING:
Sean Carrell and Bruce Bjork briefed the Commission on a proposal to reduce wastage of wildlife hides taken under depredation permits. The plan would reduce the Department's handling and storage costs and allow interested parties access to competitively acquire the hides.

The Commission agreed that the Department should go ahead with a Request for Proposals.

Department staff will provide an update to the Commission during a future Commission conference call.

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

COMMISSION HANDBOOK UPDATE -- WORK SESSION:
Susan Yeager and the Commission reviewed components of the Commission Handbook on operations and procedures and discussed updates.

Commissioner Ledgerwood moved, seconded by Commissioner McBrayer, to convene in Executive Session for one hour. The motion carried unanimously.
(Commissioner Roehl was absent during discussion and vote on the motion.)

EXECUTIVE SESSION:
Pursuant to RCW 42.30.110(1)(i), the Commission met in Executive Session to discuss with legal counsel representing the Department potential litigation to which the Department is or is likely to become a party. The public was not permitted to attend the Executive Session.

Chair Ozment recessed the meeting at 6:00 p.m.

SATURDAY, MARCH 5:

Chair Ozment called the meeting back to order at 8:30 a.m. The Commission immediately went into Executive Session. The public was not permitted to attend the Executive Session.

EXECUTIVE SESSION:
Pursuant to RCW 42.30.110(1)(i), the Commission met in Executive Session to discuss the performance of and future expectations for a public employee or employees. No action was taken during the Executive Session.

At 9:47 a.m., the Commission came back into public session.

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

RECREATIONAL CRAB RULE PROPOSALS -- BRIEFING:
Morris Barker briefed the Commission on proposed rule amendments to meet the Commission Policy Decision C-3609 - Puget Sound Crab Fishery. The Commission will consider permanent rule amendments and receive public testimony at a special meeting to be held May 14, 2005, in Tumwater.

SALE OF WILD SHELLFISH -- RULE ACTION:
Lisa Veneroso, Evan Jacoby, and Jim Peters (Squaxin Island Tribe) presented permanent rule proposals that would establish a trial fishery license for aquatic farmers that harvest wild embedded shellfish on private property, and to provide harvest accountability for purposes of better understanding wild shellfish populations:

- Permanent amendments to WAC 220-52-018, Clams--Gear;
- Permanent amendments to WAC 220-52-020, Clams--Commercial harvest;
- WAC 220-88D-010, Emerging commercial fishery--Commercial wild clams, mussels, and oyster shellfish fishery on nonstate tidelands and bedlands;
- WAC 220-88D-020, Designation of the commercial wild clams, mussels, and oyster harvest on nonstate lands as an emerging commercial fishery;
- WAC 220-88D-030, Eligibility to participate in the nonstate lands commercial wild clams, mussels, and oyster shellfish fishery; and
- WAC 220-88D-040, Nonstate lands commercial wild clams, mussels, and oysters--Application requirements--Survey and notification requirements--Incidental take prohibited.

At its February 4-5, 2005, meeting in Olympia, the Commission continued the public hearing and rule action on the above in order to provide time for additional stakeholder involvement.

One individual provided oral testimony on the rule proposals and proposed amendments during the meeting.

To allow for additional stakeholder involvement in the rulemaking process, Commissioner Roehl moved, seconded by Commissioner Ledgerwood, to continue the public hearing and rule action to the April 8-9, 2005, Commission Meeting in Moses Lake. The motion carried unanimously.

NORTH COAST RECREATIONAL HALIBUT FISHERY -- BRIEFING:
Phil Anderson and Michele Culver briefed the Commission on the status of the North Coast (Neah Bay/LaPush) halibut fishery, management objectives, consistency with Commission policy, and the public process to develop management tools for the short season.

BOUNDARY AGREEMENT WITH MEDICINE CREEK TREATY TRIBES -- BRIEFING:
Phil Anderson, Jim Peters (Squaxin Island Tribe), and Alan Stay (Muckleshoot Indian Tribe) briefed the Commission on the inter-local agreement between the Department, County prosecutors, and Medicine Creek Treaty Tribes that established a line relative to the southern boundary of the tribes' hunting area.

Mike Iyall and Philip Harju of the Cowlitz Indian Tribe provided comments on the agreement to the Commission.

Commissioner Ledgerwood moved, seconded by Commissioner Roehl, to direct the Department to continue working with the other parties to the agreement and report back to the Commission at its August 5-6, 2005, meeting in Spokane. The motion carried unanimously.
(Commissioner Chew was absent during discussion and vote on the motion.)

NORTH OF FALCON PROCESS REPORT -- BRIEFING:
Phil Anderson provided an overview and status report on the North of Falcon fisheries seasons annual planning process.

SUMMARY OF COMMISSION REQUESTS TO THE DEPARTMENT:
The Commission reviewed and updated the Summary of Commission Requests to Department staff.

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to request the Department initiate negotiations with the Federal Government to gain authorization to control cormorants on selected inland waters, since cormorants are causing high losses of small trout (planters). The motion carried unanimously.
(Commissioner Chew was absent during discussion and vote on the motion.)

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

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

Commissioner Shiosaki moved, seconded by Commissioner Ledgerwood, to adjourn the February 5-6, 2005, Commission meeting. The motion carried unanimously. (Commissioner Chew was absent during discussion and vote on the motion.)

Chair Ozment adjourned the meeting at 3:00 p.m.


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


MEMOS AND AUTHORITIES FROM THE MARCH 4-5, 2005
FISH AND WILDLIFE COMMISSION MEETING, OLYMPIA



Approval of Minutes

- Motion by Hunter, second by Ledgerwood, to approve the minutes of the February 4-5, 2005, Commission meeting. The motion to approve the minutes carried unanimously.*

Approval of Land Transactions

- Motion by Shiosaki, second by Hunter, to approve the following land transaction:

- Acquisition of the 330.22-acre Pope Resources property in Kitsap County for $764,000.
The motion to approve the land transaction carried unanimously. *
Executive Session

- Motion by Ledgerwood, second by McBrayer, to convene in Executive Session for one hour. The motion carried unanimously.*

Sale of Wild Shellfish

- Motion by Roehl, second by Ledgerwood, to continue the public hearing and rule action to the April 8-9, 2005, Commission Meeting in Moses Lake. The motion carried unanimously.

Boundary Agreement with Medicine Creek Treaty Tribes

- Motion by Ledgerwood, second by Roehl, to direct the Department to continue working with the other parties to the agreement and report back to the Commission at its August 5-6, 2005, meeting in Spokane. The motion carried unanimously. **

Commission Requests to the Department

- Motion by Shiosaki, second by Commissioner Tuck, to request the Department initiate negotiations with the Federal Government to gain authorization to control cormorants on selected inland waters, since cormorants are causing high losses of small trout (planters). The motion carried unanimously. **

* Commissioner Roehl was absent during discussion and vote on the motion.
** Commissioner Chew was absent during discussion and vote on the motion.


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

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