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

ATTENDANCE:
Commission	Public (Cont.)
Russ Cahill, Chair	Zack Miller
Will Roehl, Vice Chair	Steve Karcher
Ron Ozment	Thom Gunn
Lisa Pelly	Jeff Vail
Dawn Reynolds	Stephen Kenagy
Fred Shiosaki	Nellie Coward
Bob Tuck	E.A. Van Matre
Van Van Gytenbeek	Janet Lutz-Smith
Kelly White	Ken Sedy
	Art Lindell
Commission Staff:	Mike Riker
Susan Yeager	Albert Vincent
Nancy Burkhart	Curtis Johnson
	Ken Crews, Puget Sound Crab Assn.
Department	Jim Pearson, Safari Club Int'l.
Jeff Koenings, Director	Brad Wood, WA Falconers Assn.
Larry Peck, Deputy Director	Rob McCoy, Makah Tribe
Jim Lux	J.D. Wade, The Reel News; Puget Sound Anglers
Dan Budd	Gordon Ruh, Shrimp Advisory Group
Eric Cummins	Paul De Bryn
Donny Martorello	Jerry Woodhouse
Dave Ware	Brian Kellogg, WA Falconers Assn.
Lembit Ratassepp	Brian Simonseth, Fidalgo Fly fishers
Evan Jacoby	Steve Layman
Tim Flint	David Bowen
Craig Burley	Drew Sandi
Mark Quinn	John de Frye
Bill Tweit	Corey Freeman, NW Sportfishing Industry Assn.
Brad James	Gary Bodine
Phil Anderson	Polly Fischer, Puget Sound Shrimp Advisory Group
Lisa Veneroso	David Stevens
Andy Appleby	Ron Garner, Puget Sound Shrimp Advisory Group
Morris Barker	Jamey Layman, HHC, INWC
Bob Gibbons	Rick Osterback, SCI
Pat Michaels	James Genovese
Steve Pozzanghera	Lisa McShane, NW Ecosystem Alliance
Doug Williams	Warren Johnson
Dennis Beich	Steve Sande
Bill Frymire, Attorney General's Office	Don Walker
Erine Rushing, Attorney General's Office	Joe Verdoes
Dave Brittell	Graham Willmore
Bob Everitt	Leo Travenshek
Mike Cope	David L. Osborne
Jerry Nelson	B.J. Thorniley, WA Trappers Assn., Washingtonians for Wildlife Conservation
Other Department staff	Richard L. Dixon
	Brad Johnson, WWF
Public	Phil Tucker
John McKay	Jay S. Meade, Crab Creek Coalition
Bob Herchel	Brian Simonsetti
Scott Kimmel	Wendy Thomas, Crab Creek Coalition
Steve Tuchin, Steve's Seafood	Svein Wiese-Hansen
Tony Franulovich, Steve's Seafood	Anne Mosness, Institute for Agric. and Trade Policy
Dan H. Stauffer, Ed's Surplus Marine	Ron Malnor
S. N. Farler	Dan Swecker, WA Fish Growers Assn.
Gordon Strand	Arleen Schinke
Eric Jungblom	Clark Chase, WA Prospectors & Mining Assn.
Dan Boeholt	Terry Gowler
Jesse Scott	Kevin Bright, WA Fish Growers
George S. Poteet	Larry Schinke, quilcene Community
Ken Dodd	Martha Jordan, TGrumpeter Swan Society
Greg Moe	William Clark, WA Fish Growers
Omer Lupien	Wenche Wiese-Hansen, Cypress Island, Inc.
Dr. Stewart James Briggs, Shrimp Advisory Group	Sorenzo Wiese-Hansen, Cypress Island, Inc.
Joesph Murray, Merrill & Ring	Joel Hansen
Kevin E. Nihart, Commercial Shrimp Assn.	Kay H. Jones
Steve Aslanian, Skagit Aububon Society	Doug Bourland, WA State Big Game Council
J. H. Vogelsany, WWA	Joel Kawahara
Jim Pickrell, Puget Sound Shrimp Advisory Group	Shawn Cantrell, Friends of the Earth
Butch Smith, ICA	Jeremy Brown, WA Trollers Assn.
Larry Swanson, SWWA	Don A. Collen, Wildcat Steelhead Club, Inc.
Gary Hulsey	Rick Liebel, WA State Bowhunters
Roger Buswell	Tom Zimmerman, WA State Bowhunters
Ed Herring	Harry Barber
Bill Powell	Bill Redman, federation of Fly Fishers, Steelhead Committee
Rick Jewell	David Harsila, Puget Sound Salmon Commission
George McLeod, Steelhead Trout Club	Greg Munson, Puget Sound Salmon Commission
Deene Almvig	John Evensen, Steelhead Trout Club
John A. Wells	Dick Knight, Skagit Fisheries Enhancement Group
Ron Tingley, Wildcat Steelhead Club	Dean Cook, WA State Archery Assn.
Sylvia Scott	Stan Kemble, WWC
Jack Cammack	Chip Cambers, Wildcat Steelehad Club
Anthony Root	Kristin M. Odegaard
Kelly Riema, Puget Sound Anglers	Janet Sabayasky, Puget Sound Anglers
Dat Sece	Robin Blanchard
Gina Davis	Danny Davis
Larry Smith	Bruce Rostad
Denny Church	Brad Bailey, Puget Sound Anglers
Randy Nelson	Dave Van Duker
Fred Stilwell	Phillip Jensen
Lauren Rosano	Dave Graham
	Scott Drafs

FRIDAY, DECEMBER 6:

Vice Chair Roehl called the meeting 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 an update on the Department's current biennial budget.

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

PROPOSED LAND TRANSACTIONS:
Dan Budd presented numerous land transactions for Commission consideration of approval.

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to approve the following land transactions:

- Acquisition of the 40-acre Quantrell property in Klickitat County for $58,000;
- Approval of a one-season Concession Agreement in the Oak Creek Wildlife Area in Yakima County; and
- Acquisition of the 242-acre Miller Shingle Company property in Kittitas County for $557,000.

The motion to approve the land transactions carried unanimously.
(Commissioner Cahill was absent during discussion and vote on the motion.)

AMENDMENTS TO PEREGRINE FALCON RULES:
Eric Cummins presented the following permanent amendments which would authorize a regulated limited take of nestling peregrine falcons for the 2003 spring falconry season:

- WAC 232-12-106, Provisions for Accidental Take by Falconers;
- WAC 232-12-114, Permit Required for Capture of Raptors; and
- WAC 232-12-117, Marking and Identification of Raptors Required.

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

Commissioner White moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendments as filed with the Code Reviser's and amended by staff to the following:

- WAC 232-12-106, Provisions for Accidental Take by Falconers;
- WAC 232-12-114, Permit Required for Capture of Raptors; and
- WAC 232-12-117, Marking and Identification of Raptors Required.

The motion to adopt the permanent amendments as amended by staff carried.
(Commissioner Cahill was absent during discussion and vote on the motion.)

AMENDMENTS TO SPECIAL HUNTING SEASON PERMITS AND BLACK BEAR SEASON RULES:
Donny Martorello presented permanent amendments to the following rules:

- WAC 232-28-291, Special Hunting Season Permits. This amendment would increase the group size for bighorn sheep and moose special hunt applications.
- WAC 232-28-275, 2001 and 2002 Black Bear Special Permit Season and Quotas. This amendment would maintain spring bear hunting opportunities for 2003.

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

Commissioner Van Gytenbeek moved, seconded by Commissioner White, to adopt the permanent amendments to the following:

- WAC 232-28-291, Special Hunting Season Permits; and
- WAC 232-28-275, 2003 Black Bear Special Permit Season and Quotas.

The motion to adopt the permanent amendments carried unanimously.
(Commissioner Cahill was absent during discussion and vote on the motion.)

AMENDMENT TO BIG GAME AND WILD TURKEY AUCTION, RAFFLE, AND SPECIAL INCENTIVE PERMITS RULES:
Donny Martorello presented a permanent amendment to WAC 232-28-282, Big Game and Wild Turkey Auction, Raffle, and Special Incentive Permits, to establish harvest levels for bighorn sheep.

One individual provided oral testimony on the proposed amendment during the meeting.

Commissioner White moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 232-28-282, Big Game and Wild Turkey Auction, Raffle, and Special Incentive Permits. The motion to adopt the permanent amendment carried unanimously.
(Commissioner Cahill was absent during discussion and vote on the motion.)

ESTABLISHMENT OF 2003 PLWMA DEER AND ELK SEASONS:
Dave Ware presented a permanent amendment to WAC 232-28-271, Private Lands Wildlife Management Area Hunting Seasons, Rules, and Boundary Descriptions. This amendment would establish the hunting seasons and permit levels for 2003 for all PLWMAs and update PLWMA boundary descriptions.

Two individuals provided oral testimony on the proposed amendment during the meeting.

Commissioner Van Gytenbeek moved, seconded by Commissioner Ozment, to adopt the permanent amendment to WAC 232-28-271, Private Lands Wildlife Management Area Hunting Seasons, Rules, and Boundary Descriptions as filed with the Code Reviser's and amended by staff. The motion to adopt the permanent amendment carried unanimously.
(Commissioners Cahill and Roehl were absent during discussion and vote on the motion.)

ADOPTION OF ADVANCED HUNTER EDUCATION RULE:
Lembit Ratassepp and Evan Jacoby presented WAC 232-12-073, Advanced Hunter Education, to allow the Department to take administrative action against AHE graduates who violate fish and wildlife rules and regulations.

Two individuals provided oral testimony on the rule proposal during the meeting.

Commissioner Shiosaki moved, seconded by Commissioner Reynolds, to adopt WAC 232-12-073, Advanced Hunter Education. The motion to adopt the rule carried unanimously.
(Commissioner Roehl was absent during discussion and vote on the motion.)

APPROVAL OF MINUTES / COMMISSION REQUESTS TO THE DEPARTMENT:
Commissioner Van Gytenbeek moved, seconded by Commissioner Ozment, to approve the minutes of the following:

- October 24, 2002, Commission conference call; and
- November 7, 2002, Commission conference call.

The motion to approve the minutes carried unanimously. (Commissioners Pelly and Roehl were absent during discussion and vote on the motion.)

DEEP RIVER MOUTH DEFINITION -- BRIEFING:
Tim Flint and Craig Burley briefed the Commission on a proposal to define the mouth of Deep River. Commission consideration of adoption of the rule proposal will occur at the February 7-8, 2003, Commission meeting.

ADOPTION OF DOMESTIC LIVESTOCK GRAZING ON DEPARTMENT LANDS POLICY:
Mark Quinn presented the Department's proposed Domestic Livestock Grazing on Department Lands Policy and a permanent amendment to WAC 232-12-181, Livestock Grazing on Department of Fish and Wildlife Lands.

Two individuals provided oral testimony on the Policy and proposed amendment at the meeting.

Commissioner White moved, seconded by Commissioner Shiosaki, to adopt the Domestic Livestock Grazing on Department Lands Policy.

Commissioner Reynolds moved, seconded by Commissioner Tuck, to amend the motion by removing the following wording in No. 4: "...for land managers to incorporate grazing permits into habitat management programs on department lands." The motion to amend the motion carried.

The motion, as amended, carried unanimously.

Commissioner Pelly moved, seconded by Commissioner Reynolds, to adopt the permanent amendment to WAC 232-12-181, Livestock Grazing on Department of Fish and Wildlife Lands. The motion to adopt the permanent amendment carried unanimously.

ADOPTION OF 2003-2005 LOWER COLUMBIA STURGEON MANAGEMENT POLICY:
Bill Tweit and Brad James presented the Department's proposed Lower Columbia Sturgeon Management Policy.

Five individuals provided oral testimony on the Policy during the meeting.

Commissioner Pelly moved, seconded by Commissioner Tuck, to adopt Alternative #1 of the Lower Columbia Sturgeon Management Policy to be effective January 1, 2003, through December 31, 2005. The motion to adopt Alternative #1 of the Policy carried.

The Commission requested the Department continue meeting with Oregon Department of Fish and Wildlife staff, and to keep dialogue open with constituents.

RETAIL LICENSE ENDORSEMENT -- BRIEFING:
Phil Anderson briefed the Commission on the Retail License Endorsement. Commission consideration of adoption of the rule proposals will occur at the February 7-8, 2003, Commission meeting.

PUGET SOUND SHRIMP FISHERY POLICY -- BRIEFING:
Lisa Veneroso briefed the Commission on the Puget Sound Shrimp Fishery Policy. Commission consideration of adoption of the Policy will occur at the February 7-8, 2003, Commission meeting.

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

Chair Cahill recessed the meeting at 7:25 p.m.

SATURDAY, DECEMBER 7:

Chair Cahill called the meeting back to order at 8:34 a.m.

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

AMENDMENTS TO MARINE FIN FISH AQUACULTURE RULES:
Andy Appleby and Evan Jacoby presented permanent amendments to the following rules to implement the authority provided by SSHB 1499:

- WAC 220-76-100, Marine Fin Fish Aquaculture--Approval Permit for Marine Fin Fish Aquaculture;
- WAC 220-76-110, Marine Fin Fish Aquaculture--Escape Prevention Plan Required;
- WAC 220-76-120, Marine Fin Fish Aquaculture--Escape Reporting and Recapture Plan Required;
- WAC 220-76-130, Marine Fin Fish Aquaculture--Aquaculture Facility Inspection Authority;
- WAC 220-76-140, Marine Fin Fish Aquaculture--Atlantic Salmon Watch Program Established; and
- WAC 220-76-150, Marine Fin Fish Aquaculture--Educational Program for Marine Fin Fish Aquatic Farmers.

Eight individuals provided oral testimony on the rule proposals during the meeting.

Commissioner Reynolds moved that Atlantic salmon be classified as an aquatic nuisance species.

The Chair ruled that the motion was out of order since the Commission cannot classify Atlantic salmon as an aquatic nuisance species and could only be accomplished through a Commission Request.

Commissioner Reynolds withdrew her motion.

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to adopt the following rule proposals:

- WAC 220-76-100, Marine Fin Fish Aquaculture--Approval Permit for Marine Fin Fish Aquaculture;
- WAC 220-76-110, Marine Fin Fish Aquaculture--Escape Prevention Plan Required;
- WAC 220-76-120, Marine Fin Fish Aquaculture--Escape Reporting and Recapture Plan Required;
- WAC 220-76-130, Marine Fin Fish Aquaculture--Aquaculture Facility Inspection Authority;
- WAC 220-76-140, Marine Fin Fish Aquaculture--Atlantic Salmon Watch Program Established; and
- WAC 220-76-150, Marine Fin Fish Aquaculture--Educational Program for Marine Fin Fish Aquatic Farmers.

Commissioner Pelly moved, seconded by Commissioner Reynolds, to amend the motion to amend Section (1) of WAC 220-76-100 to read "...use of transgenic fish (as defined by the actual transfer of genetic material from one species to another) is prohibited." The motion to amend the motion carried unanimously.

Commissioner Pelly moved, seconded by Commissioner Reynolds, to amend the motion to remove Section (2) of WAC 220-676-110 and insert it in WAC 220-76-120 and number accordingly. The motion to amend the motion carried unanimously.

Commissioner Tuck moved, seconded by Commissioner White, to amend the motion to add at the end of WAC 220-76-130 "The Department shall conduct, at least annually, inspections on all marine fine fish aquaculture facilities in the state." The motion to amend the motion carried unanimously.

Commissioner Reynolds moved, seconded by Commissioner Tuck, to amend the motion to add to WAC 220-76-130 "...adjacent to the site." The motion failed.

The motion, as amended, carried unanimously.

2003-2004 SPORTFISH RULE PROPOSALS -- BRIEFING:
Morris Barker, Bob Gibbons, and Pat Michael briefed the Commission and the public on 2003-2004 sportfish rule proposal highlights. (Note: This was for discussion and public input purposes only. The Commission will table consideration of adoption of the rule proposals until the February 7-8, 2003, Commission meeting; no additional public input will be accepted at that meeting.)

Six individuals provided oral testimony on the rule proposals during the meeting.

CRAB CREEK SPORTFISH RULE PROPOSALS -- BRIEFING:
Morris Barker, Bob Gibbons, and Pat Michael briefed the Commission and the public on the 2003-2004 sportfish rule proposals for Crab Creek. (Note: This was for discussion and public input purposes only. The Commission will table consideration of adoption of the rule proposals until the February 7-8, 2003, Commission meeting; no additional public input will be accepted at that meeting.)

Two individuals provided oral testimony on the rule proposals during the meeting.

AMENDMENTS TO HATCHERY STEELHEAD ANNUAL LIMIT RULES:
Bob Gibbons presented permanent amendments to the following rules to remove the annual limit for hatchery steelhead and retain the annual limit of five wild fish:

- WAC 232-12-619, Permanent Washington Statewide Game Fish Rules; and
- WAC 220-56-175, Catch Record Cards.

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

Commissioner Shiosaki moved, seconded by Commissioner White, to adopt the permanent amendments to WAC 232-12-619, Permanent Washington Statewide Game Fish Rules, and WAC 220-56-175, Catch Record Cards.

Commissioner Van Gytenbeek moved, seconded by Commissioner Tuck, to continue Commissioner Shiosaki's motion to the Commission's February 7-8, 2003, meeting. The motion to continue the motion carried unanimously.

ADOPTION OF GAME MANAGEMENT PLAN:
Dave Ware presented the Department's proposed Game Management Plan. The Plan would establish goals, objectives, and strategies for managing the state's hunted wildlife.

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

Commissioner Pelly moved, seconded by Commissioner Reynolds, to adopt the Game Management Plan as proposed and amended by Department staff.

Commissioner Tuck moved, seconded by Commissioner Reynolds, to amend the motion to delete under the section Cougar I. Population Status and Trend: "No reliable estimate of cougar abundance is available for Washington. However, two..." and replace with "Estimates of cougar populations are difficult to formulate. Two...." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

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

MISCELLANEOUS AND MEETING DEBRIEF:
Commissioner Reynolds moved, seconded by Commissioner Pelly, to request the Department provide maps with overlays or a power point presentation showing grazing leases on all public lands. A briefing is to be provided at a Commission workshop in the fall of 2003. The motion to request Department action carried unanimously.

Commissioner Reynolds moved, seconded by Commissioner Pelly, to request the Department prepare a report on disease issues associated with marine fin fish aquaculture and make recommendations for the adoption of regulations to prevent transmission of diseases to native wild stocks. The report is to be presented to the Commission by May 1, 2003. The motion to request Department action carried unanimously.

Commissioner Reynolds moved, seconded by Commissioner Tuck, to request the Department consider listing Atlantic salmon as an aquatic nuisance species. The motion to request Department action failed.

Commissioner Pelly moved, seconded by Commissioner Reynolds, to request the Department allow a minor to gold pan within 200 feet of an adult.

Since Commissioners were concerned with other gold and fish issues, and that the Hydraulic Projects Task Force had been looking at this, Commissioner Pelly withdrew the motion to request Department action.

Chair Cahill adjourned the meeting at 5:00 p.m.

* Commissioner Cahill was absent during discussion and vote on the motion.
** Commissioners Cahill and Roehl were absent during discussion and vote on the motion.
*** Commissioner Roehl was absent during discussion and vote on the motion.
**** Commissioners Pelly and Roehl were absent during discussion and vote on the motion.

Commissioners in Attendance:
Russ Cahill, Chair
Will Roehl, Vice Chair
Ron Ozment
Lisa Pelly
Dawn Reynolds
Fred Shiosaki
Bob Tuck
Van Van Gytenbeek
Kelly White

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