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

ATTENDANCE:
Commission	Public
Will Roehl, Chair	Janice Mathisen, Seattle Aquarium
Ron Ozment, Vice Chair	Rachel Mathisen
Russ Cahill	Chris Cady
John A. Hunter	Elizabeth Cady
Lisa Pelly	Naki Stevens, People for Puget Sound
Fred Shiosaki	James Hearn
Bob Tuck	Terry Turner, Trout Unlimited
Van Van Gytenbeek	Dick Burge, Trout Unlimited, Wild Steelhead Coalition
	Jack Berryman, Wild Steelhead Coalition
Commission Staff:	Myron Saikewicz, South Sound Fly Fishers
Susan Yeager	Mark Cedergreen, WCBA
	Clyde McBrayer
Department	Kevin Ryan, South Sound Fly Fishers
Jeff Koenings, Director	Joe Durham, Grays Harbor Trout Unlimited
Larry Peck, Deputy Director	L.E. Studer
Bill Frymire, AAG	Jim Pearson
Jim Lux	Jim Tuggle, Trout Unlimited
Tom Davis	Dave Croonquist, Puget Sound Anglers
Mike Cenci	Kathy Hamel, WA Dept. of Ecology
Evan Jacoby	Makr Plunkett, Seattle Aquarium
Gayle Kreitman
Mary Lou Mills
Morris Barker
Ross Fuller
Bruce Bjork
Frank Hawley
Jane Banyard
Lew Atkins
Other Department staff

FRIDAY, JANUARY 6:

Chair Roehl called the meeting to order at 8:04 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:
Deputy Director Larry Peck provided a status report on the Department's current biennial budget.

LEGISLATIVE UPDATE:
Tom Davis provided a status report on pertinent legislative issues.

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

ENFORCEMENT INFRACTION WAC REVIEW - BRIEFING:
Mike Cenci and Evan Jacoby briefed the Commission on the progress of reviewing Washington Administrative (WAC) rules regarding recreational fishing offenses to determine which could be identified as natural resources infractions instead of crimes.

AMENDMENTS TO HUNTING DEFINITION RULE:
Evan Jacoby presented proposed amendments to WAC 220-125-010, Scope of rules - Definitions, which would define "hunting" for license suspension purposes.

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

Commissioner Pelly moved, seconded by Commissioner Cahill, to adopt the permanent amendments to WAC 220-125-010, Scope of rules - Definitions. The motion to adopt the permanent amendments carried unanimously.

AQUATIC PLANT CONTROL - BRIEFING:
At the request of the Commission, Department staff, along with Kathy Hamel, Aquatic Plant Specialist, Washington Department of Ecology, briefed the Commission on aquatic plant control management and regulations, specifically in Lake Washington.

APPROVAL OF MINUTES:
Commissioner Shiosaki moved, seconded by Commissioner Cahill, to approve the Minutes of the following:

- December 18, 2003, Commission conference call;
- January 8, 2004, Commission conference call;
- January 16-17, 2004, Commission workshop;
- January 22, 2004, Commission conference call; and
- January 23, 2004, Commission conference call.

The motion to approve the Minutes carried unanimously.

ADOPTION OF MARINE PROTECTED AREAS ON SEATTLE SHORELINE RULES:
Mary Lou Mills presented six permanent rules and one rule amendment to create marine preserves on beaches in six parks owned by the City of Seattle:

- WAC 220-16-820, Golden Gardens Marine Preserve;
- WAC 220-16-830, Carkeek Park Marine Preserve;
- WAC 220-16-840, Lincoln Park Marine Preserve;
- WAC 220-16-850, Discovery Park Marine Preserve;
- WAC 220-16-860, Emma Schmitz Marine Preserve;
- WAC 220-16-870, Richey Viewpoint Marine Preserve; and
- permanent amendment to WAC 220-20-100, General provisions - Marine Protected areas.

Four individuals provided oral testimony on the rule proposals and permanent amendment during the meeting.

In order to allow the City of Seattle more time to discuss their rules with the Asian Pacific Island community and to talk with the Department about its potential rules, Commissioner Cahill moved, seconded by Commissioner Hunter, to postpone a decision until February 2005. The motion to postpone a decision carried unanimously.

AMENDMENTS TO DUTIES OF COMMERCIAL FISHERS RULES:
Morris Barker presented a permanent amendment to WAC 220-69-241, Duties of commercial fishers, which would clarify transportation requirements for commercial fishers.

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

Commissioner Pelly moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-69-241, Duties of commercial fishers. The motion to adopt the permanent amendment carried unanimously.

AMENDMENTS TO OCEAN SPOT SHRIMP BY-CATCH RULES:
Morris Barker presented permanent amendments to rules which would increase groundfish conservation actions in the ocean spot shrimp fishery:

- WAC 220-88B-030, Emerging commercial fishery - Eligibility for coastal experimental fishery permits - Terms and conditions of use - Renewal - Vessel restriction - Incidental catch; and
- WAC 220-88B-040, Coastal spot shrimp pot experimental fishery - Season and gear - Species restriction.

No oral testimony on the proposed amendments was received during this portion of the meeting.

Commissioner Cahill moved, seconded by Commissioner Shiosaki, to adopt the permanent amendments to:

- WAC 220-88B-030, Emerging commercial fishery - Eligibility for coastal experimental fishery permits - Terms and conditions of use - Renewal - Vessel restriction - Incidental catch; and
- WAC 220-88B-040, Coastal spot shrimp pot experimental fishery - Season and gear - Species restriction.

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

AMENDMENTS TO PACIFIC FISHERY MANAGEMENT COUNCIL RECREATIONAL BOTTOMFISH RULES:
Morris Barker presented permanent amendments to the Pacific Fishery Management Council's rules affecting the coastal recreational bottomfish fishery:

- WAC 220-56-235, Possession limits - Bottomfish; and
- WAC 220-56-250, Lingcod - Areas and seasons.
Emergency rules took effect in the Fall of 2003.

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

Commissioner Cahill moved, seconded by Commissioner Hunter, to adopt the permanent amendments to WAC 220-56-250, Lingcod - Areas and seasons. The motion to adopt the permanent amendments carried unanimously.

Commissioner Cahill moved, seconded by Commissioner Hunter, to continue adoption of WAC 220-56-235, Possession limits - Bottomfish, to the 2004-2005 sportfishing rules. The motion carried unanimously.

ADOPTION OF 2004-2005 SPORTFISHING RULES:
Ross Fuller, Morris Barker, Bob Gibbons, and Pat Michael presented the 2004-2005 sportfish rule proposals.

Public input on the rule proposals was taken at the December 5-6, 2003, Commission meeting; no additional public input was accepted at this meeting.

Commissioner Van Gytenbeek moved, seconded by Commissioner Cahill, to adopt the permanent amendment to WAC 220-12-020, Shellfish - Classification. The motion to adopt the permanent amendment carried unanimously.
(Commissioner Pelly was absent during discussion and vote on the motion.)

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt the permanent amendment to WAC 220-16-270, Puget Sound Shrimp Districts. The motion to adopt the permanent amendment carried unanimously.
(Commissioner Pelly was absent during discussion and vote on the motion.)

Commissioner Shiosaki moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 220-16-550, Octopus Hole Conservation Area. The motion to adopt the permanent amendment carried unanimously.
(Commissioner Pelly was absent during discussion and vote on the motion.)

Commissioner Shiosaki moved, seconded by Commissioner Ozment, to adopt WAC 220- 16-800, Hardshell clam. The motion to adopt the proposed rule carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt WAC 220- 16-810, In a wild state. The motion to adopt the proposed rule carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-100, Definitions - Personal-use fishing. The motion to adopt the permanent amendment carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-115, Angling - Lawful and unlawful acts, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt WAC 220- 56-118, Fish handling rules - Removal from water, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the proposed rule carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-150, Unlawful to take another's limit, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendment carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Van Gytenbeek, to adopt the permanent amendment to WAC 220-56-215, Unlawful possession of snagged fish taken in freshwater. The motion to adopt the permanent amendment carried unanimously.

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-235, Possession limits - Bottomfish, as filed with the Code Reviser's Office and amended by staff.

Commissioner Van Gytenbeek moved, seconded by Commissioner Hunter, to amend the motion, by adding "(j) In Catch Record Card Areas 5 through 13, the daily limit for rockfish is the first rockfish caught, except in Area 5 west of Slip Point the daily limit for rockfish is the first three rockfish caught, provided that no more than one of the three may be other than black rockfish. After the daily limit of rockfish is caught, all subsequent rockfish must be released." The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Hunter adopt the permanent amendments to WAC 220-56-282, Sturgeon--areas, seasons, limits and unlawful acts, as filed with the Code Revisers Office. The motion to adopt the permanent amendments carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to adopt the permanent amendments to WAC 220-56-310, Shellfish - Daily limits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 220-56-315, Crabs, shrimp, crawfish - Unlawful acts, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to adopt the permanent amendments to WAC 220-56-325, Shrimp - Areas and seasons, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Ozment, to adopt the permanent amendments to WAC 220-56-330, Crab - Areas and seasons, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to adopt the permanent amendments to WAC 220-56-335, Crab - Unlawful acts, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to adopt the permanent amendments to WAC 220-56-350, Clams other than razor clams, mussels - Areas and seasons, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to adopt the permanent amendments to WAC 220-56-380, Oysters - Areas and seasons, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to repeal WAC 220-56- 370, Razor clams - Disability permits. The motion to repeal the rule carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Cahill, to adopt WAC 232-12- 019, Classification of game fish. The motion to adopt the proposed rule carried.

Commissioner Shiosaki moved, seconded by Commissioner Tuck, to adopt the permanent amendment to WAC 232-12-168, Fishing contests. The motion to adopt the permanent amendment carried unanimously.

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt permanent amendments WAC 232-12-619, Permanent Washington statewide game fish rules, as filed with the Code Reviser's Office and amended by staff.

Commissioner Van Gytenbeek moved, seconded by Commissioner Hunter, to amend the motion to read: "(3) The seasonal steelhead limit: Each angler who possesses...following March 31^st." striking the remainder of the paragraph; "(6) Wild steelhead release: It is unlawful to possess any steelhead trout..."; "(13)(b) Wild steelhead release is required year-round." striking remainder of paragraph; striking (14) and (15); and renumber rest. The motion to amend the motion failed.

Commissioner Pelly moved, seconded by Commissioner Hunter, to amend the motion to read: "(3) Seasonal steelhead limits: Each angler who possesses a valid wild steelhead catch record card may not retain more than 30 steelhead April 1 through the following March 31."; "(6) Wild steelhead release: It is unlawful to possess any steelhead trout that does not have a missing adipose or ventral fin and a healed scar at the location of the missing fin."; and "(13)(b) Wild steelhead release: There will be a moratorium on wild steelhead retention from April 1, 2004 through March 31, 2009

Because of concerns with a five-year moratorium on wild steelhead retention, Commissioner Cahill moved, seconded by Commissioner Tuck, to amend the amendment to read: "(13)(b) Wild steelhead release: There will be a moratorium on wild steelhead retention from April 1, 2004 to March 31, 2006." The motion to amend the amendment carried.

The motion to adopt the motion, as amended, carried.

Commissioner Van Gytenbeek moved, seconded by Commissioner Hunter, to amend the motion to remove all language allowing the retention of wild steelhead in the following rivers and streams: Big River, Bogachiel, Calawah, Clearwater, Dickey, Goodman, Green/Duwamish (depends where it is), Hoh, Hoko, Pysht, Quillayute, Quinault, Salmon, and Sol Duc. The motion to amend the motion carried.

The motion to adopt the permanent amendments, as amended, carried.

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt the permanent amendments to WAC 232-28-619, Washington food fish and game fish - Freshwater exceptions to statewide rules, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments, as amended, carried unanimously.

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

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

Chair Roehl recessed the meeting at 5:30 p.m.

The Commission met in Executive Session from 5:50 to 8:00 p.m. to discuss the performance of a public employee.

Chair Roehl adjourned the meeting at 8:00 p.m.

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

Commissioners in Attendance:
Will Roehl, Chair
Ron Ozment, Vice Chair
Russ Cahill
John A. Hunter
Lisa Pelly
Fred Shiosaki
Bob Tuck
Van Van Gytenbeek

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