Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
MEETING
October 7-8, 2005

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

ATTENDANCE:
Commission Public
Ron Ozment, Chair Bill Frymire, AGO
Fred Shiosaki, Vice Chair Fronda Woods, AGO
Ken Chew Jim Pearson, SCI
Jerry Gutzwiler Carl Burke, NSIA
Chuck Perry B.J. Thorniley, WA State Trappers; Washingtonians for Wildlife Management
Will Roehl Tony Wells
Shirley Solomon Greg Hood, Skagit River System Cooperative
Irene Martin, Salmon for All
Commission Staff: Kent Martin, Col. R. Fishermen's Protective Union
Susan Yeager Mark Clark, WA State Conservation Commission
Nancy Burkhart Dave Croonquist, Puget Sound Anglers
Dan Golner, Ducks Unlimited
Jason Griffith
Department Jim Cortines
Larry Peck, Deputy Director Doug Graef
Bruce Bjork John Arrabito
Lew Atkins Tom Rutten
Greg Hueckel Mark Curtis
Dave Brittell Rone Brewer, WA Waterfowl Assoc.
Phil Anderson Art Kendall, WA Waterfowl Assoc.
Guy Norman Sean Edwards, Snohomish County
Rocky Beach Tara Galiska, SRFB/IAC
Steve Jeffries Frances Clark, NW Gillnetters Assoc.
Lisa Veneroso Dan Leinan, City of Forks
Mark Quinn Dale Beasley, CRCFA
Tim Smith Ray Toste, WDCFA
Margen Carlson Steve Gray, Bell Buoy Crab Co.
Dan Budd Russell Smotherman, Pacific NW Dungeness Crab Marketing Assoc.
Lora Leschner Laurence A. Bucklin, Puget Sound Anglers
Brian Williams Jim Brummett
Cindy LeFleur Nancy Smotherman
Teresa Scott Gerry O'Keefe, Dept. of Ecology
Jo Wadsworth Ron Sawyer
Justin Secrist Jason Griffith, Stillaguamish Tribe of Indians
Mike Cenci
Craig Bartlett
Randy Carmen
Ron Warren
Margaret Ainscough
Steve Pozzanghera
Doug Milward
Michele Culver
Evan Jacoby
Heather Reed
Annette Hoffman
Morris Barker
Ross Fuller
Pat Michael
Bob Gibbons
Bob Everitt
Other Department staff

FRIDAY, OCTOBER 7:

Chair Ozment called the meeting to order at 8:35 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 Larry Peck reviewed significant Department issues and activities.

BUDGET UPDATE:
Deputy Director Larry Peck provided a status report on the Department's budget.

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

SEA LION / FISHERIES INTERACTIONS -- BRIEFING:
Rocky Beach, Steve Jeffries, and Guy Norman briefed the Commission on marine mammal laws and actions that may be undertaken by the state and individuals to control sea lions.

COMMERCIAL WILD SHELLFISH RULES -- ACTION:
Evan Jacoby and Lisa Veneroso presented proposed permanent rule amendments that would establish a new commercial fishery for commercial harvest of wild embedded shellfish from private property. Action on this item was continued by the Commission during its September 15, 2005, conference call. Department staff recommended further continuation of these rules to a future Commission meeting.

- 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;
- WAC 220-88D-040, Nonstate lands commercial wild clams, mussels, and oysters--Application requirements--Survey and notification requirements--Incidental take prohibited; and
- WAC 220-88D-050, Reporting requirements for nonstate lands commercial wild clams, mussels, and oyster harvest--Conversion to private sector cultured aquatic products.

No oral testimony on the proposed rule amendments was received during the meeting.

At the staff's recommendation, Commissioner Roehl moved, seconded by Commissioner Solomon, to continue action to the Commission's November 17, 2005, conference call. The motion carried unanimously.
(Commissioner Shiosaki was absent during discussion and vote on the motion.)

LANDS 20/20 VISION -- BRIEFING:
Mark Quinn, Tim Smith, and Margen Carlson briefed the Commission on a vision statement for Department lands that clearly defines the role of the Department in acquiring and managing lands for fish and wildlife. This vision statement, "Lands 20/20: A Clear Vision for the Future", has recently been published and will guide land transactions and management for the future.

PROPOSED LAND TRANSACTIONS -- DECISION:
Dan Budd and Lora Leschner presented several proposed land transactions for the Commission's consideration and approval.

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

- Acquisition of the 359.09-acre Cascade Land Conservancy/Conservation Investment Fund property in Kittitas County for $1,231,400;
- Acquisition of the 62.4-acre McMoran property in Skagit County for $385,000;
- Acquisition of the 49-acre North Olympic Land Trust property in Clallam County for $194,500; and
- Acceptance of the 13.75-acre Lubbe Trust property donation in Grays Harbor County.

The motion to approve the land transactions carried unanimously.

"SCHOOL FIRE" -- WOOTEN WILDLIFE AREA -- BRIEFING:
Mark Quinn briefed the Commission on the damages that the "School Fire", which broke out on the Wooten Wildlife Area in Southeast Washington's Columbia County on August 5, 2005, had caused.

WILEY SLOUGH AND LEQUE ISLAND RESTORATION PROJECTS -- BRIEFING:
Bob Everitt, Lora Leschner, Brian Williams, Dan Golner (Ducks Unlimited), and Jason Griffith (Stillaguamish Tribe of Indians) briefed the Commission on the Wiley Slough and Leque Island Restoration Projects. These projects are located on the Skagit Wildlife Area.

HISTORY OF THE COLUMBIA RIVER COMPACT -- BRIEFING:
Guy Norman and Fronda Woods (Assistant Attorney General) briefed the Commission on the history of the Columbia River Compact. The Compact is a Congressionally ratified agreement between Washington and Oregon concerning joint regulation of fishing in the Columbia River.

COLUMBIA RIVER SALMON AND STURGEON ALLOCATION -- BRIEFING:
Cindy LeFleur and Guy Norman briefed the Commission in preparation for the November 3, 2005, joint Washington/Oregon Commission meeting.

COLUMBIA RIVER INITIATIVE / WATER PARTNERSHIP -- BRIEFING:
Teresa Scott briefed the Commission on the Columbia River Initiative.

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

Chair Ozment recessed the meeting at 6:43 p.m.

SATURDAY, OCTOBER 8:

Chair Ozment called the meeting back to order at 8:30 a.m.

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

COASTAL RECREATIONAL HALIBUT FISHERY -- BRIEFING:
Michele Culver, Phil Anderson, and Mike Cenci briefed the Commission on the coastal recreational halibut fishery.

COASTAL DUNGENESS CRAB FISHERY LE 200 PROPOSAL -- ACTION:
Phil Anderson and Heather Reed presented the Coastal Dungeness Crab Fishery LE 200 Proposal for Commission action.

Four individuals provided oral testimony on the proposal during the meeting.

Commissioner Roehl moved, seconded by Commissioner Solomon, to:

- Adopt a Limited Entry 0-200 miles (LE 200) policy thereby limiting the geographic area where a Washington Coastal Dungeness Crab license is valid to the state and federal waters adjacent to Washington and federal waters adjacent to the State of California. The implement of this policy is contingent on the State of Oregon adopting a complimentary policy and adoption of implementing regulations that are reciprocal to those adopted by Washington.
- Support the fair start principles as presented by staff if it is necessary to delay the start of the coastal crab fishery in all or a portion of the state and federal waters adjacent to Washington in order to meet the state's harvest sharing obligations with the Washington coastal treaty Indian tribes.
- Delegate the authority to the Director to promulgate regulations to implement LE 200 and the fair-start provisions for the coastal crab fishery.

The motion carried unanimously.

COASTAL DUNGENESS CRAB FISHERY BUOY TAG RULES -- ACTION:
Phil Anderson and Heather Reed presented proposed permanent amendments that would enforce the current pot limit system for the coastal Dungeness crab fishery and ensure there is a fair application of the pot limit system for all license holders:

- WAC 220-52-040, Commercial crab fishery--Lawful and unlawful gear, methods, and other unlawful acts; and
- WAC 220-52-043, Commercial crab fishery--Additional gear and license use requirements.

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

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt the permanent amendments as filed with the Code Reviser's Office and amended by staff: WAC 220-52-040, Commercial crab fishery--Lawful and unlawful gear, methods, and other unlawful acts; and WAC 220-52-043, Commercial crab fishery--Additional gear and license use requirements. The motion to adopt the permanent amendments carried unanimously.

2005-2006 PUGET SOUND CRAB FISHERY IN-SEASON UPDATE -- BRIEFING:
Lisa Veneroso, Annette Hoffman, and Morris Barker briefed the Commission on the 2005-2006 Puget Sound recreational crab fishery.

HAGFISH TRIAL FISHERY RULES -- ACTION:
Morris Barker presented proposed permanent rule proposals, which would continue providing a trial fishing opportunity for a hagfish pot fishery:

- WAC 220-88E-010, Designation of the hagfish pot fishery as an emerging commercial fishery;
- WAC 220-88E-020, Emerging commercial fishery--Eligibility for trial fishery permits--Incidental catch;
- WAC 220-88E-030, Hagfish pot trial fishery--Season and gear; and
- WAC 220-88E-040, Hagfish pot trial fishery--Logbook required.

No oral testimony on the rule proposals was received during the meeting.

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

- WAC 220-88E-010, Designation of the hagfish pot fishery as an emerging commercial fishery;
- WAC 220-88E-020, Emerging commercial fishery--Eligibility for trial fishery permits--Incidental catch;
- WAC 220-88E-030, Hagfish pot trial fishery--Season and gear; and
- WAC 220-88E-040, Hagfish pot trial fishery--Logbook required.

The motion to adopt the rule proposals carried unanimously.

SUMMARY OF COMMISSION REQUESTS:
The Commission reviewed the current status list of requests and considered new requests.

Commissioner Solomon moved, seconded by Commissioner Roehl, to request the Department provide a briefing at the November 2005 or December 2005 meeting on the proposed HCP covering HPA Program for fish protection. The briefing is to include the history of the previous MOA and what this new effort will encompass. The motion carried unanimously.

2006 COMMISSION MEETING CALENDAR -- ACTION:
After discussion, the Commission chose the following dates and locations for 2006 meetings.

- January 13-14, 2006, Commission meeting, Olympia;
- February 10-11, 2006, Commission meeting, Olympia;
- March 10-11, 2006, Commission meeting, Tri-Cities area;
- April 7-8, 2006, Commission meeting, Olympia;
- June 9-10, 2006, Commission meeting, Wenatchee;
- August 4-5, 2006, Commission meeting, Skagit County;
- October 6-7, 2006, Commission meeting, Olympia;
- November 3-4, 2006, Commission meeting, Vancouver; and
- December 1-2, 2006, Commission meeting, Edmonds.

Conference calls in 2006 will be held on the first and third Friday of each month.

2006-2007 SPORTFISH RULES -- BRIEFING:
Ross Fuller, Bob Gibbons, Morris Barker, and Pat Michael briefed the Commission on the 2006-2007 sportfish rule proposals. Public testimony will be received at the Commission's November 18-19, 2005, Commission meeting in Vancouver, and the Commission will consider approval of the rule proposals at its February 10-11, 2006, Commission meeting in Olympia.

MISCELLANEOUS AND MEETING DEBRIEF:
Commissioners 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 meeting.

Chair Ozment adjourned the meeting at 4:35 p.m.





MEMOS AND AUTHORITIES FROM THE OCTOBER 7-8, 2005
FISH AND WILDLIFE COMMISSION MEETING, OLYMPIA



Commercial Wild Shellfish Rules

- Motion by Roehl, second by Solomon, to continue action to the Commission's November 17, 2005, conference call. The motion carried unanimously.*

Land Transactions

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

- Acquisition of the 359.09-acre Cascade Land Conservancy/Conservation Investment Fund property in Kittitas County for $1,231,400;
- Acquisition of the 62.4-acre McMoran property in Skagit County for $385,000;
- Acquisition of the 49-acre North Olympic Land Trust property in Clallam County for $194,500; and
- Acceptance of the 13.75-acre Lubbe Trust property donation in Grays Harbor County.
The motion to approve the land transactions carried unanimously
Coastal Dungeness Crab Fishery LE 200 Proposal

- Motion by Roehl, second by Solomon, to:

- Adopt a Limited Entry 0-200 miles (LE 200) policy thereby limiting the geographic area where a Washington Coastal Dungeness Crab license is valid to the state and federal waters adjacent to Washington and federal waters adjacent to the State of California. The implement of this policy is contingent on the State of Oregon adopting a complimentary policy and adoption of implementing regulations that are reciprocal to those adopted by Washington.

- Support the fair start principles as presented by staff if it is necessary to delay the start of the coastal crab fishery in all or a portion of the state and federal waters adjacent to Washington in order to meet the state's harvest sharing obligations with the Washington coastal treaty Indian tribes.

- Delegate the authority to the Director to promulgate regulations to implement LE 200 and the fair-start provisions for the coastal crab fishery.

The motion carried unanimously.

Approval of Coastal Dungeness Crab Fishery Buoy Tag Rules

- Motion by Roehl, second by Shiosaki, to adopt the permanent amendments as filed with the Code Reviser's Office and amended by staff: WAC 220-52-040, Commercial crab fishery--Lawful and unlawful gear, methods, and other unlawful acts; and WAC 220-52- 043, Commercial crab fishery--Additional gear and license use requirements. The motion to adopt the permanent amendments carried unanimously.

Approval of Hagfish Trial Fishery Rules

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

- WAC 220-88E-010, Designation of the hagfish pot fishery as an emerging commercial fishery;
- WAC 220-88E-020, Emerging commercial fishery--Eligibility for trial fishery permits--Incidental catch;
- WAC 220-88E-030, Hagfish pot trial fishery--Season and gear; and
- WAC 220-88E-040, Hagfish pot trial fishery--Logbook required.

The motion to adopt the rule proposals carried unanimously.

Commission Requests to the Department

- Motion by Solomon, second by Roehl, to request the Department provide a briefing at the November 2005 or December 2005 meeting on the proposed HCP covering HPA Program for fish protection. The briefing is to include the history of the previous MOA and what this new effort will encompass. The motion carried unanimously.

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


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

Return to Commission Minutes Index Return to Commission Minutes Index


Find a bug or error in the system? Let us know about it!
© 2002-2005 Washington Department of Fish and Wildlife
E-mail <webmaster@dfw.wa.gov>