Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
MEETING
November 18-19, 2005

The Heathman Lodge
7801 NE Greenwood Drive
Vancouver, Washington

ATTENDANCE:
Commission Department (cont.)
Ron Ozment, Chair Bob Gibbons
Fred Shiosaki, Vice Chair Guy Norman
Ken Chew Evan Jacoby
Jerry Gutzwiler Doug Milward
Chuck Perry Justin Secrest
Shirley Solomon Jo Wadsworth
Miranda Wecker Other Department Staff
Commission Staff: Public
Susan Yeager Bill Frymire, AGO
Nancy Burkhart Kent Martin, Salmon For All
Corbett McMaster
Cecil Williamson
Department Gary James, Umatilla Tribe
Jeff Koenings, Director Greg McGuire, Kinzua Resources
Larry Peck, Deputy Director Rick Cook, BIA-NWRA
Greg Hueckel Steve Link, WA State Bowhunters
Lew Atkins Bob Burdick, WA State Bowhunters
Dave Brittell O.M. Kellett
Bruce Bjork Jim Pearson, SCI
Ron McQueen Rob McCoy, Makah Tribe
Phil Anderson Irene Martin, Salmon for All
Mike Cenci Chuck Barnes, PSA/RFA/Catch-N Kids!
Steve Pozzanghera Clint Muns, PSA/RFA
Dave Ware Erich Hoffmann
Jerry Nelson Anne Hoffmann
Mick Cope Dan Leinan, City of Forks
Don Kraege John Rantz, Puget Sound Crab Assoc.
Pat Pattillo Ken Draper
Michelle Culver Jeff Kruse
Lisa Veneroso Bob Holman
Annette Hoffman Jayson Roger
Rich Childers Winston Falls, Vancouver Wildlife League
Brad Sele Richard Kennon, Native Fish Society
Alex Bradbury Caroline Gallas
Ross Fuller Sam Gallas
Pat Michael Chris Hyland, U.S. Army Corps of Engineers
Morris Barker Katherine Drew
Fred dobler
Chuck Leidy
Craig Burley

FRIDAY, NOVEMBER 18:

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

APPROVAL OF MINUTES:
Commissioner Shosaki moved, seconded by Commissioner Perry, to approve the minutes of the following:

- August 18, 2005, Commission conference call;
- August 27-28, 2005, Commission work session;
- September 1, 2005, Commission conference call;
- September 15, 2005, Commission conference call;
- September 16, 2005, Commission meeting;
- October 6, 2005, Commission conference call; and
- October 7-8, 2005, Commission meeting.

The motion carried unanimously.

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:
Ron McQueen provided a status report on the Department's budget.

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

INSTREAM FLOW RESTORATION FOR THE WALLA WALLA RIVER BASIN -- BRIEFING:
Gary James (Fisheries Program Manager, Confederated Tribes of the Umatilla Indian Reservation) and Chris Hyland (Project Manager, U.S. Army Corps of Engineers) briefed the Commission on the Instream Flow Restoration for the Walla Walla River Basin.

ENFORCEMENT PROGRAM OVERVIEW -- BRIEFING:
Chief Bruce Bjork, Enforcement Program, provided an overview of the Department's Enforcement Program.

STATEWIDE MARINE DIVISION OVERVIEW -- BRIEFING:
Captain Mike Cenci, Statewide Marine Division, Enforcement Program, provided an overview of the Statewide Marine Division's structure, responsibilities, and priorities.

PROPOSED LAND TRANSACTIONS -- DECISION:
Steve Pozzanghera presented several proposed land transactions for the Commission's consideration and approval.

No oral testimony on the proposed land transactions was received during the meeting.

Commissioner Shiosaki moved, seconded by Commissioner Perry, to approve the following land transactions:

- Acquisition of the 20-acre Wynn & Rupp property in Clallam County for $80,000;
- Acquisition of the 80-acre Department of Natural Resources property in Asotin County for $29,800; and
- Sale of salvage timber and exchange of an equal value of salvage timber for 320-acre property owned by Buy Bennett Lumber Company Land Company in Columbia and Garfield Counties.

The motion to approve the land transactions carried unanimously.

CURRENT GAME POPULATION STATUS AND 2006-08 HUNTING SEASON ISSUES -- BRIEFING:
Dave Ware, Jerry Nelson, Mick Cope, and Don Kraege briefed the Commission on results from the 2003-05 hunting package, the priority issues identified by the public for 2006-08, and current resource management issues. The Commission will consider action at its April 7-8, 2006, Commission meeting in Olympia.

COMMISSION POLICY ON HUNTER ACCESS; DEFINING PUBLIC ACCESS; AND ACCESS AGREEMENT -- ACTION:
Dave Ware presented to the Commission for approval:

- Commission Policy C6002, Private Lands Access;
- WAC 232-12-421, Hunt or possess big game without an access permit;
- WAC 232-12-422, Hunt or possess a wild animal or wild bird without an access permit; and
- WAC 232-12-423, Public hunting defined and access contracts.

These would encourage partnerships with private landowners for the purpose of improving hunter access, establish rules for the conduct of hunters on private lands under formal agreements with the Department, and define public access.

One individual provide oral testimony on the rule proposals during the meeting.

Commissioner Solomon moved, seconded by Commissioner Shiosaki, to approve Commission Policy C6002, Private Lands Access. The motion to approve the policy carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Solomon, to adopt:

- WAC 232-12-421, Hunt or possess big game without an access permit;
- WAC 232-12-422, Hunt or possess a wild animal or wild bird without an access permit; and
- WAC 232-12-423, Public hunting defined and access contracts
as filed with the Code Reviser's Office and amended by staff. The motion to adopt the rules carried unanimously.

The unanimous vote was contingent upon the Department developing enabling legislation to prosecute hunting trespassers on any private lands that are clearly marked.

The Department is to provide a briefing to the Commission after two years. The briefing is to include: (1) number of landowners at the start; and (2) landowner turnover during the two-year period and why.

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

Chair Ozment recessed the meeting at 6:13 p.m.

SATURDAY, NOVEMBER 19:

Chair Ozment called the meeting back to order at 8:05 a.m.

The Commission immediately went into Executive Session pursuant to RCW 42.30.110 to discuss the performance and to consider salary adjustments of a public employee or employees. The Executive Session was closed to the public. No action was taken during the Executive Session.

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

DNA ANALYSIS OF U.S. CHINOOK IN WEST COAST VANCOUVER ISLAND TROLL FISHERY -- BRIEFING:
Pat Pattillo briefed the Commission on newspaper reports on a DNA analysis that showed 88% of the chinook taken in the West Coast Vancouver Island troll fishery were of U.S. origin.

GROUNDFISH MANAGEMENT AND CONSERVATION PLANS -- BRIEFING:
Phil Anderson and Michelle Culver briefed the Commission on the process used in the development of groundfish management and conservation plans.

RESULTS OF FIELD STUDY CONDUCTED TO ASSESS VALIDITY OF PUGET SOUND REECREATIONAL CRAB CATCH -- BRIEFING:
Lisa Veneroso, Annette Hoffmann, and Rich Childers briefed the Commission on the comparison between catch information obtained from the field studies conducted at Cornet Bay and Everett public ramps and similar catch information obtained from the phone surveys.

PUGET SOUND CRAB FISHERY -- BRIEFING:
Lisa Veneroso and Rich Childers briefed the Commission on the recent developments and management of the Puget Sound crab fishery, and addressed these developments as they relate to the timing of a policy review currently requested by the Commission to occur at the January 13-14, 2006, Commission meeting in Olympia.

INTERTIDAL SHELLFISH ENHANCEMENT IN PUGET SOUND -- BRIEFING:
Brad Sele and Alex Bradbury briefed the Commission on the intertidal shellfish enhancement program in Puget Sound.

2006-07 SPORTFISH RULE PROPOSALS -- BRIEFING and PUBLIC HEARING:
Ross Fuller briefed the Commission on proposed amendments to sportfish regulations for the 2006-07 rule cycle. The Commission will consider final adoption of rule amendments at its February 10-11, 2006, Commission meeting in Olympia. No further public testimony was accepted after November 19, 2005.

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

Because of the CR-102 filing date, Commissioner Shiosaki moved, seconded by Commissioner Perry, to continue action to the February 10-11, 2006, Commission meeting in Olympia. The motion carried unanimously.

DENMAN ISLAND SHELLFISH DISEASE RULES -- BRIEFING:
Morris Barker briefed the Commission on proposed rule amendments to modify the area on the prohibited list for Denman Island Disease, which is necessary to protect Washington's shellfish industry.

Because of the CR-102 filing date, Commissioner Shiosaki moved, seconded by Commissioner Wecker, to continue action to the December 2-3, 2005, Commission meeting in Olympia. The motion carried unanimously.

DUTIES OF COMMERCIAL PURCHASERS AND RECEIVERS RULES -- BRIEFING:
Morris Barker briefed the Commission on proposed rule amendments for shrimp that would provide for weigh backs of unacceptable product and require that the total catch be entered onto a fish ticket at the point of first delivery.

Because of the CR-102 filing date, Commissioner Shiosaki moved, seconded by Commissioner Solomon, to continue action to the December 2-3, 2005, Commission meeting in Olympia. The motion carried unanimously.

PUGET SOUND AND OCEAN COMMERCIAL CRAB RULES -- BRIEFING:
Morris Barker briefed the Commission on proposed rule amendments that would denote catch areas and boundaries for the Puget Sound commercial crab fishery, and create a maximum crab pot volume consistent with the coastal pot volume rule. The Commission will consider action at its December 2-3, 2005, Commission meeting in Olympia.

Because of the CR-102 filing date, Commissioner Shiosaki moved, seconded by Commissioner Perry, to continue action to the December 2-3, 2005, Commission meeting in Olympia. The motion carried unanimously.

PUGET SOUND COMMERCIAL SHRIMP RULES -- BRIEFING:
Morris Barker briefed the Commission on proposed rule amendments that would create permanent rules for the Puget Sound commercial shrimp fishery, including redefining management areas and boundaries.

Because of the CR-102 filing date, Commissioner Shiosaki moved, seconded by Commissioner Solomon, to continue action to the December 2-3, 2005, Commission meeting in Olympia. The motion carried unanimously.

MISCELLANEOUS AND MEETING DEBRIEF:
Commissioner Shiosaki moved, seconded by Commissioner Perry, to request the Department provide updates on the effectiveness of the hunter access regulations and any proposals for change. Department is to brief the Commission at the June 9-10, 2006, Commission meeting in Wenatchee, and at the December 1-2, 2006, Commission meeting in Edmonds. The motion carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Perry, to increase the salary of the Commission's Executive Assistant by 15 percent. The motion carried unanimously.

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

Chair Ozment adjourned the meeting at 5:10 p.m.





MEMOS AND AUTHORITIES FROM THE NOVEMBER 18-19, 2005
FISH AND WILDLIFE COMMISSION MEETING, OLYMPIA



Approval of Minutes

- Motion by Shiosaki, second by Perry, to approve the minutes of the following:

- August 18, 2005, Commission conference call;
- August 27-28, 2005, Commission work session;
- September 1, 2005, Commission conference call;
- September 15, 2005, Commission conference call;
- September 16, 2005, Commission meeting;
- October 6, 2005, Commission conference call; and
- October 7-8, 2005, Commission meeting.
The motion carried unanimously.
Land Transactions

- Motion by Shiosaki, second by Perry, to approve the following land transactions:

- Acquisition of the 20-acre Wynn & Rupp property in Clallam County for $80,000;
- Acquisition of the 80-acre Department of Natural Resources property in Asotin County for $29,800; and
- Sale of salvage timber and exchange of an equal value of salvage timber for 320-acre property owned by Buy Bennett Lumber Company Land Company in Columbia and Garfield Counties.
The motion to approve the land transactions carried unanimously.
Approval of Commission Policy on Hunter Access; Defining Public Access; and Access Agreement

- Motion by Solomon, second by Shiosaki, to approve Commission Policy C6002, Private Lands Access. The motion to approve the policy carried unanimously.

- Motion by Shiosaki, second by Solomon, to adopt:

- WAC 232-12-421, Hunt or possess big game without an access permit;
- WAC 232-12-422, Hunt or possess a wild animal or wild bird without an access permit; and
- WAC 232-12-423, Public hunting defined and access contracts as filed with the Code Reviser's Office and amended by staff.
The motion to adopt the rules carried unanimously.
2006-07 Sportfish Rule Proposals

- Motion by Shiosaki, second by Perry, to continue action to the February 10-11, 2006, Commission meeting in Olympia. The motion carried unanimously.

Denman Island Shellfish Disease Rules

- Motion by Shiosaki, second by Wecker, to continue action to the December 2-3, 2005, Commission meeting in Olympia. The motion carried unanimously.

Duties of Commercial Purchasers and Receivers Rules

- Motion by Shiosaki, second by Solomon, to continue action to the December 2-3, 2005, Commission meeting in Olympia. The motion carried unanimously.

Puget Sound and Ocean Commercial Crab Rules

- Motion by Shiosaki, second by Perry, to continue action to the December 2-3, 2005, Commission meeting in Olympia. The motion carried unanimously.

Puget Sound Commercial Shrimp Rules

- Motion by Shiosaki, second by Perry, to continue action to the December 2-3, 2005, Commission meeting in Olympia. The motion carried unanimously.

Commission Requests to the Department

- Motion by Shiosaki, second by Perry, to request the Department provide updates on the effectiveness of the hunter access regulations and any proposals for change. Department is to brief the Commission at the June 9-10, 2006, Commission meeting in Wenatchee, and at the December 1-2, 2006, Commission meeting in Edmonds. The motion carried unanimously.

Commission's Executive Assistant Salary

- Motion by Shiosaki, second by Perry, to increase the salary of the Commission's Executive Assistant by 15 percent. The motion carried unanimously.




Commissioners in Attendance:
Ron Ozment, Chair
Fred Shiosaki, Vice Chair
Ken Chew
Jerry Gutzwiler
Chuck Perry
Shirley Solomon
Miranda Wecker

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