Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
WORKSHOP
October 1-2, 2004

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

ATTENDANCE:
Commission Department (cont.)
Will Roehl, Chair Mark Quinn
Ron Ozment, Vice Chair Tim Smith
John A. Hunter Margen Carlson
Holly Ledgerwood Dan Budd
Lisa Pelly Bill Tweit
J. Pete Schroeder Other Department Staff
Fred Shiosaki
Bob Tuck
Public
Commission Staff: Rob Duff, WA Dept. of Health
Susan Yeager Kathy Murray, WA Dept. of Natural Resources
Tom Fox
Department Fred Munson
Jeff Koenings, Director Ed Mahany
Larry Peck, Deputy Director Mary Lou Peterson, Okanogan County Commission
Jim Lux J. R. Stoddard
Harriet Allen Dan Fazio, WA Farm Bureau
Jeff Lewis Bill Vincent, Persons with Disabilities Committee
Gerry Hayes Joseph K. Gaydos, SeaDoc Society
Mary Lou Mills Jacques White, The Nature Conservancy
Pat Powers Ginny Broadhurst, Northwest Straits Commission
Pat Michael Chris Lunde, Port Blakely
Dick Stone Sheri Fox
Steve Pozzanghera Joseph Pavel, NW Indian Fisheries Commission
Donny Martorello Steve Bernath, WA Dept. of Ecology
John Mankowski Marc Engel, WA Dept. of Natural Resources
Greg Hueckel Daniel Hall, Conservation Caucus
Morris Barker Scott Redman, Puget Sound Action Team
Greg Bargmann Charles Rose
Sandie O'Neill Chuck Girtz
Sue Patnude Georg Ziegltrum, WA Forest Protection Assoc.
Jeff Tayer Jim Pearson, SCI
John Broome Bobbie Thorniley, WA Trappers; Okanogan Hound Club; WA for Wildlife Conservation
Jo Wadsworth Rob Kavanaugh
Lew Atkins John Sewell, WA State Hound Council
Ross Fuller Corey Freeman
Bob Gibbons Jon Kaino, Pacific County Commission
Bill Sharp, Yakama Nation

FRIDAY, OCTOBER 1:

Chair Roehl called the workshop to order at 9:05 a.m.

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.

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

POTENTIAL FISHER REINTRODUCTION -- BRIEFING:
Harriet Allen, Jeff Lewis, and Gerry Hayes briefed the Commission on a recent feasibility report on the potential impacts of reintroducing fisher to the state.

MARINE PROTECTED AREAS -- BRIEFING:
Mary Lou Mills, Joseph K. Gaydos (DVM, Ph.D., Regional Director and Lead Scientist, SeaDoc Society), Jacques White, (Ph.D., Marine Program Lead, The Nature Conservancy), and Ginny Broadhurst (Marine Program Coordinator, Northwest Straits Commission) briefed the Commission on the current science for establishing Marine Protected Areas.

AQUATIC HABITAT GUIDELINES PROGRAM UPDATE -- BRIEFING:
Pat Powers briefed the Commission on the Department's progress in developing the Aquatic Habitat Guidelines.

POSSESSION OF WILDLIFE RULE -- BRIEFING:
Dick Stone briefed the Commission on a proposal to repeal WAC 232-12-224, Possession of wildlife legally harvested on an Indian reservation and then taken off-reservation, which is outdated and no longer necessary. The Commission will consider repealing the rule at its November 5-6, 2004, Commission workshop in Chelan.

ADOPTION OF PILOT COUGAR HUNTING SEASONS WITH DOGS (SSB 6118) RULES:
Steve Pozzanghera, Donny Martorello, and Mary Lou Peterson (Okanogan County Commissioner) presented WAC 232-28-285, 2004-2005 Pilot cougar hunting seasons with the aid of dogs; and permanent amendments to WAC 232-12-243, Public safety cougar removals; WAC 232-28-272, 2003-2004, 2004-2005, and 2005-2006 Black bear and cougar hunting seasons and regulations; and WAC 232-28-341, 2003-04, 2004-05, 2005-06 Small game seasons. These rules would implement the provisions of Substitute Senate Bill 6118 and were jointly recommended by the Department and the County Commissioners representing Chelan, Okanogan, Ferry, Stevens, and Pend Oreille counties.

Four individuals provided oral testimony on the rule proposals during the workshop.

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt WAC 232-28-285, Public safety cougar removals; and permanent amendments to WAC 232-12-243, 2004-2005 Pilot cougar hunting seasons with the aid of dogs; WAC 232-28-272, 2003-2004, 2004-2005, and 2005-2006 Black bear and cougar hunting seasons and regulations; and WAC 232-28-341, 2003-04, 2004-05, 2005-06 Small game seasons, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously. (Commissioners Pelly and Tuck were absent during discussion and vote on the motion.)

FORESTS AND FISH IMPLEMENTATION -- BRIEFING:
John Mankowski, Chris Lunde (Port Blakely), Sheri Fox, Joseph Pavel (Northwest Indian Fisheries Commission), Steve Bernath (Washington Department of Ecology), Marc Engel (Washington Department of Natural Resources), and Daniel Hall (Conservation Caucus) briefed the Commission on the Forests and Fish Report, which was enacted by the 1999 Legislature to protect riparian and aquatic resources on state and private forestland. The Report is the primary factor behind a proposed integration of Hydraulic Project Approvals and Forest Practices Applications for non-fish bearing streams (WAC 220-110-035, Miscellaneous hydraulic projects -- permit requirements and exemptions). The Commission will consider adoption of the proposed rule at its November 5-6, 2004, Commission workshop in Chelan.

IMPLEMENTATION OF HPA TASK FORCE RECOMMENDATIONS -- UPDATE:
Greg Hueckel provided an update on the Department's progress in implementing the recommendations of the Hydraulic Project Approval (HPA) Task Force.

COMMISSION'S COMMITTEE FOR PERSONS WITH DISABILITIES -- UPDATE:
Bill Vincent, Chair of the Commission's Advisory Committee for Persons with Disabilities briefed the Commission on recent activities of the Committee and process since its formation in 2002.

AMENDMENTS TO SHELLFISH DISEASE CONTROL PROTECTION RULES -- BRIEFING:
Morris Barker briefed the Commission on proposed rule amendments which would provide a greater degree of protection to the wild and cultured oyster stocks in Washington's waters as well as protect the commercial domestic and export markets. The Commission will consider adoption of the rule amendments at its December 3-4, 2004, Commission meeting in Ocean Shores.

AMENDMENTS TO COMMERCIAL SALE OF UNCLASSIFIED MARINE SPECIES RULES -- BRIEFING:
Morris Barker briefed the Commission on proposed rule amendments to make the sale of unclassified marine invertebrates and fish illegal. The Commission will consider adoption of the rule amendments at its December 3-4, 2004, Commission meeting in Ocean Shores.

OPEN PUBLIC INPUT:
No oral testimony on issues of concern was received during this portion of the workshop.

Chair Roehl recessed the workshop at 5:25 p.m.

SATURDAY, OCTOBER 2:

Chair Roehl called the workshop back to order at 9:02 a.m.

OPEN PUBLIC INPUT:
No oral testimony on issues of concern was received during this portion of the workshop.

LANDS VISION DEVELOPMENT -- BRIEFING:
Mark Quinn, Tim Smith, and Margen Carlson briefed the Commission on the status of developing a lands vision document to provide policy guidance and establish priorities for future land acquisitions and management.

PROPOSED LAND TRANSACTIONS:
Dan Budd presented one land transaction for the Commission's consideration and approval. At the Commission's August 6-7, 2004, meeting, the Commission postponed a decision to the October 1-2, 2004, workshop on the sale of the Douglas Creek property. The Department is now recommending the decision be considered at the November 5-6, 2004, workshop in Chelan.

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

- Sale of the 157-acre (former BPA/Welch) Swanson Lakes property in Lincoln County to Denise Wilkie for $55,735.

The motion to approve the land transaction carried unanimously.

KLICKITAT HATCHERY/FISHWAY TRANSFER TO YAKAMA NATION:
Bill Tweit, Dan Budd, and Bill Sharp (Yakama Nation) briefed the Commission on the status f a proposal for relinquishment of the Castile Falls Easement and the transfer of the 167-acre Klickitat Hatchery property to the Yakama Nation. The Commission will consider approval of the proposed transfer at a future meeting or workshop.

AMENDMENTS TO 2005-06 SPORTFISHING RULES -- BRIEFING:
Bob Gibbons, Pat Michael, and Morris Barker briefed the Commission on proposed amendments to the 2005-06 sportfishing rules. Public testimony will be taken at November 5-6, 2004, Commission workshop in Chelan. The Commission will consider final adoption of the rule amendments at its February 4-5, 2005, meeting in Olympia.

REVIEW OF FISHERIES FOR SURF SMELT IN HOOD CANAL AND AT ROSS POINT -- BRIEFING:
At the request of the Commission, Greg Bargmann briefed the Commission on the status of surf smelt fisheries in Hood Canal and at Ross Point.

APPROVAL OF MINUTES:
Commissioner Pelly moved, seconded by Commissioner Hunter, to approve the minutes of the following:

- July 15, 2004, Commission Conference Call;
- August 6-7, 2004, Commission Meeting;
- August 19, 2004, Commission Conference Call;
- August 28, 2004, Commission Meeting;
- September 2, 2004, Commission Conference Call; and
- September 16, 2004, Commission Conference Call.

The motion to approve the minutes carried unanimously.

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

CONTAMINANTS IN THE PUGET SOUND FOOD WEB -- BRIEFING:
Sandie O'Neill, Greg Bargmann, Rod Duff (Washington Department of Health), and Scott Redman (Puget Sound Action Team) briefed the Commission on the results of the toxic contaminants study in Puget Sound.

MISCELLANEOUS AND WORKSHOP DEBRIEF:
The Commission discussed items that arose immediately before or during the workshop but after the agenda was published.

Commissioner Tuck moved, seconded by Commissioner Pelly, to request the Department provide a briefing at the December 3-4, 2004, Commission meeting on the revised bull trout critical habitat designations. The motion to request Department action carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Hunter, to request the Department initiate the rulemaking process so as to allow reconsideration of those portions of WAC 220-56-156, which prohibit the landing of salmon legally caught in Canadian waters at ports in Washington, closed to the retention of salmon. The proposal shall be drafted in a manner that ensures the conservation intent of the original rule. The motion to request Department action carried unanimously.

OPEN PUBLIC INPUT:
No oral testimony on issues of concern was received during this portion of the workshop.

Chair Roehl adjourned the workshop at 1:40 p.m.





MEMOS AND AUTHORITIES FROM THE OCTOBER 1-2, 2004
FISH AND WILDLIFE COMMISSION WORKSHOP, RICHLAND



Adoption of Pilot Cougar Hunting Seasons with Dogs

-Motion by Shiosaki, second by Hunter, to adopt WAC 232-28-285, Public safety cougar removals; and permanent amendments to WAC 232-12-243, 2004-2005 Pilot cougar hunting seasons with the aid of dogs; WAC 232-28-272, 2003-2004, 2004-2005, and 2005-2006 Black bear and cougar hunting seasons and regulations; and WAC 232-28-341, 2003-04, 2004-05, 2005-06 Small game seasons, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.*

Approval of Land Transactions

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

- Sale of the 157-acre (former BPA/Welch) Swanson Lakes property in Lincoln County to Denise Wilkie for $55,735.

The motion to approve the land transaction carried unanimously.

Approval of Minutes

- Motion by Pelly, second by Hunter, to approve the minutes of the following:

- July 15, 2004, Commission Conference Call;
- August 6-7, 2004, Commission Meeting;
- August 19, 2004, Commission Conference Call;
- August 28, 2004, Commission Meeting;
- September 2, 2004, Commission Conference Call; and
- September 16, 2004, Commission Conference Call.

The motion to approve the minutes carried unanimously.

Commission Requests

- Motion by Tuck, second by Pelly, to request the Department provide a briefing at the December 3-4, 2004, Commission meeting on the revised bull trout critical habitat designations. The motion to request Department action carried unanimously.

- Motion by Roehl, second by Hunter, to request the Department initiate the rulemaking process so as to allow reconsideration of those portions of WAC 220-56-156 which prohibit the landing of salmon legally caught in Canadian waters at ports in Washington closed to the retention of salmon. The proposal shall be drafted in a manner that ensures the conservation intent of the original rule.
The motion to request Department action carried unanimously.




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

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

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