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

ATTENDANCE:
Commission	Department (Cont.)
Kelly White, Chairman	Kevin Amos
Russ Cahill, Vice Chairman	Morris Barker
Don Heinicke	Greg Bargmann
Lisa Pelly	Dick Burge
Will Roehl	Harriet Allen
Fred Shiosaki	Bruce Crawford
Bob Tuck	Rich Lincoln
Van Van Gytenbeek	Mary Lou Mills
	Steve Genson
Commission Staff:	Bill Brooks
Debbie Nelson	Dave Ware
	Other Department Staff
Department
Jeff Koenings, Director	Public
Larry Peck, Deputy Director	Richard Rzesutek
Bill Frymire	Jim Hearn
Jim Lux Ben	Dickenson
Evan Jacoby	Joe Jauquet, South Sound Fly Fishers
Paul Wagner	Bobbie Thorniley, WA State Trappers Assn.
Keith Wolf	Chris Madsen, NW Indian Fisheries Commission
Dan Budd	Bob Oke, Senate
Dave Brittell	Tom Gibbons, Western WA Wildlife Council
Diane Ludwig	Martin Keilwitz, Western WA Wildlife Council
Mike Keeling	Dick Pounder
Cathy Drew

FRIDAY, MAY 14:

Chairman White called the workshop to order at 12:30 p.m.

DIRECTOR'S REPORT:

Director Koenings reviewed significant Department issues and activities.

BUDGET UPDATE:

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

SEPARATE LAKES RULES PAMPHLET -- DECISION:

Evan Jacoby presented the Department's request for Commission approval to proceed in the development of a separate lakes pamphlet that would be available to the public in time for the Eastern Washington lowland lake opening of March 1, 2000. This pamphlet would be in addition to the general rules pamphlet.

Commissioner Van Gytenbeek moved, seconded by Commissioner Shiosaki, to approve the development of a separate lakes pamphlet.

The Commission requested the Department send the proposal for a separate lakes pamphlet to the Dealer Action Advisory Group for review and comment. To allow time for this review to take place, Commissioner Pelly moved, seconded by Commissioner Cahill, to table consideration of the motion until a later date via conference call. The motion carried unanimously. (Commissioners Roehl and Tuck were absent during discussion and vote on the motion.)

HANFORD REACH AGREEMENT--PROGRESS REPORT -- BRIEFING:

Paul Wagner and Keith Wolf briefed the Commission on the 1999 interim protection plan and continuing negotiations for a long-term agreement to protect fall chinook fry throughout the Hanford Reach.

LAND TRANSACTIONS:

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

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

- Acquisition of the 176-acre Alma and Creveling property in Okanogan County for $350,000;

- Acquisition of the 160-acre Baker property in Lincoln County for $32,000; and

- Acquisition of conservation easements on the 3.2-ace Berend property for $6,700; the 3.3-acre Burchard property for $6,300; and the 6.1-acre Nehr property for $5,200, all located in Kitsap County, for a total of $18,200.

The motion carried unanimously. (Commissioners Roehl and Tuck were absent during discussion and vote on the motion.)

Elyse Kane briefed the Commission on the Department's use of conservation easements as a tool for protection of critical habitat.

LICENSE DIVISION OVERVIEW AND POINT OF SALE BRIEFING:

Dave Brittell and Diane Ludwig provided an overview of the License Division, including responsibilities, current activities, and plans for the future. The Division consists of Auditing and Accounting, Division/Dealer Support, and License Sales (commercial and recreational). Mike Keeling provided a briefing on the Point-of-Sale system.

Commissioners suggested the Department review ways to adequately recognize license dealers who perform a valuable public service function as well as a revenue generating function for the Department, and to provide additional incentives for license dealers to continue selling licenses.

FINANCIAL SERVICES OVERVIEW/BRIEFING:

Jim Lux, Cathy Drew, Bill Brooks, and Steve Genson provided an overview of the Financial Services Division, including responsibilities, current activities, and plans for the future. The Division consists of Administration, Budget, Contracts, and Fiscal Services.

HUNTING SEASON GUIDELINES BRIEFING:

Dave Ware briefed the Commission on proposed framework guidelines to develop the hunting season options for the 2000-2002 hunting season package.

Commissioners were asked to provide their comments on the proposed framework guidelines to the Wildlife Committee as soon as possible.

Public input on and Commission consideration of adoption of the final proposal will occur at the August 6-7 Commission meeting.

MINUTES:

Commissioner Cahill moved, seconded by Commissioner Pelly, to approve the Minutes of the following:

- March 11, 1999 Commission conference call

- March 12, 1999 Commission conference call

- March 19-20, 1999 Commission workshop

- March 25, 1999 Commission conference call

- March 26, 1999 Commission conference call

- April 3, 1999 Commission meeting

- April 8, 1999 (9:00 a.m.) Commission conference call

- April 8, 1999 (3:00 p.m.) Commission conference call

- April 9, 1999 Commission conference call

- April 16, 1999 Commission conference call

- April 22, 1999 Commission conference call

- April 23, 1999 Commission conference call.

The motion carried unanimously. (Commissioner Roehl was absent during discussion and vote on the motion.)

COMMISSION REQUESTS TO THE DEPARTMENT:

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

Chairman White recessed the workshop at 5:40 p.m.

SATURDAY, MAY 15:

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

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

UNCLASSIFIED MARINE INVERTEBRATES:

Mary Lou Mills briefed the Commission on the concerns with unregulated harvest of unclassified marine invertebrates and fish. Studies have documented problems with heavy harvest on some beaches and some concerns with scientific collections. In addition, there are concerns with by-catch and some types of environmental impact.

An advisory group is currently developing a list of possible actions the Department could take regarding the various types of removals. The potential action list developed will be reviewed by Department staff, and regulations may be brought forward for future consideration by the Commission.

FINFISH AQUACULTURE: WDFW REGULATORY AUTHORITY -- BRIEFING:

Kevin Amos provided an overview of the regulatory authority of the Department over commercial finfish aquaculture, including the mechanisms by which the Department carries out its responsibilities.

Within the calendar year, updated regulations will be brought forward for consideration by the Commission.

COMMERCIAL HERRING SEASON CLOSURE--NORTH PUGET

SOUND BRIEFING:

Greg Bargmann briefed the Commission on a future rule proposal to permanently close the commercial dip bag net herring fishery in Areas 20A, 20B, 21A, and 21B.

The herring population which spawns at Cherry Point has declined in recent years. The Commission recently adopted closures for most commercial and all recreational herring fishing in north Puget Sound near spawning grounds and in areas where young herring congregate. The only commercial fishery that remains open is the dip bag net fishery. Because the herring population continues to decline in those areas, the Department recommends the remaining commercial dip bag net fishery be closed.

Public input on and Commission consideration of adoption of a final rule proposal will occur at the August 6-7 Commission meeting.

COMMERCIAL SEA CUCUMBER SEASONS--SETTING BY

EMERGENCY ORDER -- BRIEFING:

Morris Barker briefed the Commission on a future rule proposal to manage commercial sea cucumber harvest seasons by emergency rule.

The sea cucumber fishery has evolved from a dive fishery that was very predictable in terms of a desired season of harvest as described by industry needs and market considerations. This stability led to a codification of seasons in the Washington Administrative Code. Since the Rafeedie Decision regarding Treaty shellfishing, the stability of seasons has evaporated because of necessary negotiated harvest plans that address state and treaty fishing interests.

To reduce the administrative burden of filing emergency orders, reduce confusion among effected constituents, and reduce the notification burden associated with communication of emergency changes, the Department recommends the codified seasons be dropped in favor of seasons that are set by emergency rule.

Public input on and Commission consideration of adoption of a final rule proposal will occur at the August 6-7 Commission meeting.

DUNGENESS CRAB CATCH RECORD CARD--IMPLEMENTATION

RULES - BRIEFING:

Morris Barker briefed the Commission on Engrossed Substitute Senate Bill 5508 and a future rule proposal to require a Dungeness crab catch record card for the purpose of providing information for management and allocation.

Public input on and Commission consideration of adoption of a final rule proposal will occur at the August 6-7 Commission meeting.

PUGET SOUND CRAB AND SHRIMP POLICY --

DISCUSSION/REVISION:

Dick Burge led a discussion on the current Puget Sound Crab and Shrimp Fisheries Policy to determine if revision is needed.

It was agreed that the Department will present at the August 6-7 Commission meeting a proposed revised policy that provides more specific policy direction relative to managing crab and shrimp harvest between commercial and recreational fishers.

ESA: DEPARTMENT'S RESPONSE TO SALMON RECOVERY--BRIEFING:

Director Koenings briefed the Commission on the status of internal planning to develop and refine implementation plans for protection and recovery activities.

MASS MARKING/SELECTIVE FISHERY SAMPLING AND

MONITORING -- BRIEFING:

Rich Lincoln briefed the Commission on the status of recent efforts and future direction of the program.

HUNTING SEASON DELEGATION OF AUTHORITY DISCUSSION:

The Commission discussed possible future development of a process/time line that would allow the Commission to consider delegating authority to establish hunting seasons to the Director.

At the April 3, 1999 meeting, the Commission tabled consideration of adoption of the following motion until the May 14-15 Commission workshop: "The Commission requests that the Department move as expeditiously as is reasonable and practical toward the adoption of a system whereby the Commission will adopt policy and delegate the setting of hunting seasons and quotas to the Department."

To address the concerns some Commissioners had with the original motion, Commissioner Roehl offered a substitute motion. Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to request that the Department develop a list of alternative methods for adoption of hunting seasons and quotas. Those alternatives would include a range from status quo method to full delegation to the Director. The alternatives would then be considered by the Commission following full opportunity for public comment.

Commissioners agreed that the public, the advisory committee, and the Wildlife Committee should assist in the development of the alternative methods.

The motion carried unanimously.

MISCELLANEOUS AND WORKSHOP DEBRIEF:

As requested, Director Koenings will provide the Commission within the next week a status report on the dredging being done in the Columbia River by the Corps of Engineers.

Chairman White moved, seconded by Commissioner Pelly, to request that the Department provide the Commission with a briefing on the poaching hotline, including an explanation of what happens now with calls made to the poaching hotline and what can be done to make the system more effective. The motion carried unanimously.

Chairman White adjourned the workshop at 3:00 p.m.

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Separate Lakes Pamphlet

- Motion by Van Gytenbeek, second by Shiosaki, to approve the development of a separate lakes pamphlet.

Motion by Pelly, second by Cahill, to table consideration of the motion until a later date via conference call. The motion carried unanimously.*

Land Transactions

- Motion by Cahill, second by Heinicke, to approve the following land transactions:

-- Acquisition of the 176-acre Alma and Creveling property in Okanogan County for $350,000;

-- Acquisition of the 160-acre Baker property in Lincoln County for $32,000; and

-- Acquisition of conservation easements on the 3.2-ace Berend property for $6,700; the 3.3-acre Burchard property for $6,300; and the 6.1-acre Nehr property for $5,200, all located in Kitsap County, for a total of $18,200.

The motion carried unanimously.*

Approval of Commission Minutes

Motion by Cahill, second by Pelly, to approve the Minutes of the following:

-- March 11, 1999 Commission conference call

-- March 12, 1999 Commission conference call

-- March 19-20, 1999 Commission workshop

-- March 25, 1999 Commission conference call

-- March 26, 1999 Commission conference call

-- April 3, 1999 Commission meeting

-- April 8, 1999 (9:00 a.m.) Commission conference call

-- April 8, 1999 (3:00 p.m.) Commission conference call

-- April 9, 1999 Commission conference call

-- April 16, 1999 Commission conference call

-- April 22, 1999 Commission conference call

-- April 23, 1999 Commission conference call.

The motion carried unanimously.**

Commission Request -- Hunting Season Delegation of Authority

- Motion by Roehl, second by Van Gytenbeek, to request that the Department develop a list of alternative methods for adoption of hunting seasons and quotas. Those alternatives would include a range from status quo method to full delegation to the Director. The alternatives would then be considered by the Commission following full opportunity for public comment. The motion carried unanimously.

Commission Request -- Poaching Hotline

- Motion by White, second by Pelly, to request that the Department provide the Commission with a briefing on the poaching hotline, including an explanation of what happens now with calls made to the poaching hotline and what can be done to make the system more effective. The motion carried unanimously.

* Commissioners Roehl and Tuck were absent during discussion and vote on the motion.

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

Commissioners in Attendance:

Kelly White, Chairman

Russ Cahill, Vice Chairman

Don Heinicke

Lisa Pelly

Will Roehl

Fred Shiosaki

Bob Tuck

Van Van Gytenbeek

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