Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
MEETING
January 13-14, 2006

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

ATTENDANCE:
Commission Public (Continued)
Ron Ozment, Chair Bruce Crookshanks, Col. R. Fish. Prot. Union
Fred Shiosaki, Vice Chair Darren Crookshanks, Col. R. Fish. Prot. Union
Ken Chew Brice Divine, Col. R. Fish. Prot. Union
Jerry Gutzwiler Sharon Harmon
Conrad Mahnken Alan Cumpton
Chuck Perry Chris Doumit, Bristol Pac. Fish. Co.
Will Roehl Chris Vertopoulos, NW Guides & Anglers Assn.
Shirley Solomon Bob Rees, NW Guides & anglers Assn.
Miranda Wecker Kevin Lund
Gregg Cawles
Steve Bailey
Commission Staff: Vic Pisoni
Susan Yeager Irene Martin, Salmon For All
Nancy Burkhart Tim Konigsheld
Bill Pack
Dave Vedder
Department Brad Schoonbow, Bob's Sporting Goods
Jeff Koenings, Director Jody Wyse, CCP
Larry Peck, Deputy Director Brian Simonseth, Wild Steelhead Coalition
Ron McQueen Richard Erickson
Dave Brittell Chuck Barnes, Puget Sound Anglers
Lew Atkins Mark Stetzer
Bruce Bjork Judy Munroe
Sue Patnude Mark Erickson, Resources Coalition
Jeff Tayer Edmund Keene
Dave Ware John Jovanovich
Matt Monda John McDonald
Bonnie Long Jeff Feagin, Puget Sound Anglers
Terry Rudnick Robert Beatty
Morris Barker Kent Martin, Salmon For All
Evan Jacoby Randy Wall
Lisa Veneroso Brenda Wall
Dan Budd Derek Wall
Harriet Allen Bruce Jolms
Jim Scott John Kollinki
Pat Pattillo Jim Wells, Salmon For All
Cindy LeFleur Clint Muns, Puget Sound Anglers/RFA
Bill TWeit Les Clark, NW Gillnetters Assn.
Bill Frymire, AGO Frances Clark, NW Gillnetters Assn.
Other Department Staff Linda Newton
Dennis Forsberg
Public Larry Bucklin
Sue Danver, Black Hills Audubon Society Gary Dawson
Marty Kuller Tom Effinger
Steve Fransen Don Overby
Jim Howard, Puget Sound Anglers John McKinley
Larry W. Snyder, Vancouver Wildlife League Ben Overmars
Hobe Kytr, Salmon For All Bryon Fagan
Doris Takko Vern Forsberg, Salmon For All
Jenny Fagan Don Reading
Adam Fagan Al Westling
Richard Hunt, Wild Steelhead Coalition Steve Gray
Clay Cowden, Puget Sound Anglers Marsha Schaefer
LeeRoy Wisner, Puget Sound Anglers Ryan Nelson
Mike Schaefer Yvonne Shevalier
Larry Swanson, Col. Pacific AnglersBill Vincent, Adv. Committee Persons w/Disabilities
Stan Richardson Dan Grogan
Hans Mak Bruce Buckmaster
Jack Marincovich, Col. River Fish. Prot. Union Robert Nowowiejski
Carmen MacDonald Tom Wolf, Trout Unlimited
Steve Fick Harley Edwards
Walt Christensen, WA Steelheaders Assn. Brad Shride
Bruce Beatty Francis Estalilia
Fred Osting Randy Woolsey, NW Sportfishing Assn.
Jim Christiansen Robert Young
Randy Doucet B.J. Thorniley, WA State Trappers Assn.; Washington Wildlife Conservation; WA State Hound Council
Hugh Peters Jack Havens
James L. Brummett J.K. Johnson
David E. Garrison, WA Archery Assn.Walt Christensen, WA State Muzzleloaders Assn.
Brian Simonseth David Stevens
Dave Motek Jim Skalski, Office of Financial Management
Paul Ronald, Puget Sound Anglers Ed Owens
Jim Pearson, SCI Peter Dykitna, Trust for Public Lands
Anita Victory Mace Vaughan, Xerces Society
Bob Johnson, WA Wildlife FederationDr. Chris Carter
Bill Clarke, Trust for Public LandsSteve Phillips, WA Wildlife Federation
Patrick Dunn, Nature Conservancy
Robert Sudar
Dr. Hans Radtke
Jackie Jones, WA Wildlife Coalition

FRIDAY, JANUARY 3:

Chair Ozment called the meeting to order at 8:35 a.m.

APPROVAL OF MINUTES:
Commissioner Shiosaki moved, seconded by Commissioner Gutzwiler, to approve the minutes of the December 1, 2005, Commission conference call. The motion carried unanimously.

Commissioner Roehl moved, seconded by Commissioner Perry, to continue action on the November 18-19, 2005, Commission meeting minutes to the February 10-11, 2006, Commission meeting in Olympia. The minutes are to reflect Commission directives to the Department regarding the hunter access rules. 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:
Deputy Director Peck reviewed significant Department issues and activities.

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

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

LANDOWNER HUNTING PERMITS, RAFFLE HUNTS, AND PLWMA RULES AND BOUNDARY DESCRIPTIONS RULES -- RULE ACTION:
Dave Ware and Matt Monda presented proposed rule proposals that would provide a variety of hunting opportunities and encourage public access on private lands:

- Adopt WAC 232-12-295, Landowner hunting permits;
- Amend WAC 232-28-293, Landowner raffle hunts; and
- Repeal WAC 232-28-271, PLWMA rules and boundary descriptions.

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

Commissioner Shiosaki moved, seconded by Commissioner Chew, to:

- Adopt WAC 232-12-295, Landowner hunting permits;
- Amend WAC 232-28-293, Landowner raffle hunts; and
- Repeal WAC 232-28-271, PLWMA rules and boundary descriptions
as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

MULTIPLE SEASON BIG GAME PERMITS RULES -- RULE ACTION:
Dave Ware presented a proposed permanent rule proposal, WAC 232-28-294, Multiple season big game permits. This would provide a variety of hunting opportunities, control harvest levels and hunter distribution through a limited permit drawing, and generate additional revenue for the Department.

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

Commissioner Shiosaki moved, seconded by Commissioner Perry, to adopt WAC 232-12-294, Multiple season big game permits, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

"GO PLAY OUTSIDE" ANNUAL UPDATE -- BRIEFING:
Bonnie Long, Steve Phillips (Education Chair, Washington Wildlife Federation), and Jackie Jones (Chair, Washington Wildlife Coalition) provided the annual update on the "Go Play Outside" Initiative.

YOUTH FISHING PROGRAM UPDATE -- BRIEFING:
Terry Rudnick briefed the Commission on youth fishing program activities and accomplishments to date, and outlined plans for the future.

LICENSE RECIPROCITY RULES WITH OREGON -- BRIEFING:
Morris Barker presented a proposed permanent rule proposal, WAC 220-55-210, Oregon license reciprocity. This would recognize Oregon license reciprocity so that Washington license residents can fish concurrent waters of the Columbia River mainstem and adjacent ocean waters on the north Oregon coast.

Because the adoption date on the CR-102 was in error, Commissioner Chew moved, seconded by Commissioner Shiosaki, to continue action to the February 10-11, 2006, Commission meeting in Olympia. The motion carried unanimously.

COMMERCIAL CRAWFISH GEAR RULES -- BRIEFING:
Morris Barker presented proposed permanent rule amendments to WAC 220-52-035, Commercial shellfish pot gear--Escape mechanism required, which would require a release mechanism (rot cord) for commercial crawfish gear, consistent with the current requirements for recreational gear. The Commission will consider action on the rule amendments at its February 10-11, 2006, meeting in Olympia.

SHARK FINNING RULES -- BRIEFING:
Morris Barker presented proposed permanent rule amendments to WAC 220-20-020, General provisions--Lawful and unlawful acts--Food fish other than salmon. These would act in a complimentary manner to the federal rule, which requires the landing of the entire shark carcass with the fins so that an accurate account of harvest and biological data can be made for the management of sharks. The Commission will consider action on the rule amendments at its February 10-11, 2006, meeting in Olympia.

COMMERCIAL WILD SHELLFISH RULES -- RULE ACTION:
Lisa Veneroso and Evan Jacoby presented proposed permanent rule proposals that would establish a new emerging commercial fishery for commercial harvest of wild embedded shellfish from private property. Action on the rule proposals was continued by the Commission during its November 17, 2005, Commission conference call.

- Amendments to WAC 220-52-018, Clams--Gear;
- 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 rule proposals was received during the meeting.

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

- Amendments to WAC 220-52-018, Clams--Gear;
- 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.

The motion carried unanimously.

PROPOSED LAND TRANSACTIONS -- DECISION:
Dan Budd and Jeff Tayer presented one proposed land transaction for the Commission's consideration and approval.

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

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

- Acquisition of the 5,143.76-acre Trust for Public Lands/American Minerals Skookumchuck property in Kittitas County for $1,800,000.

The motion to approve the land transaction carried unanimously.

CLASSIFICATION OF WILDLIFE RULES -- RULE ACTION:
Harriet Allen presented proposed permanent rule amendments to WAC 232-12-014, Wildlife classified as endangered species, and WAC 232-12-011, Wildlife classified as protected shall not be hunted or fished. These would identify species requiring recovery and special management attention in Washington, and remove those that no longer require special management.

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

Commissioner Wecker moved, seconded by Commissioner Mahnken, to adopt WAC 232-12-014, Wildlife classified as endangered species, and WAC 232-12-011, Wildlife classified as protected shall not be hunted or fished. The motion carried unanimously.

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

Chair Ozment recessed the meeting at 6:05 p.m.

SATURDAY, JANUARY 14:

Chair Ozment called the meeting back to order at 8:31 a.m.

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

STEELHEAD SCIENCE REPORT UPDATE:
Jim Scott and Pat Pattillo presented an overview of the Steelhead Science/White Paper structure and process that have been utilized in getting this science-driven document initiated and on the way to completion. The discussion also identified interested co-managers and groups that have been involved or will be involved in completion of the document.

ECONOMICS OF COLUMBIA RIVER SALMON FISHERIES -- INVITED TESTIMONY:
At the request of the Department, Dr. Hans Radtke (The Research Group), Dr. Chris Carter (retired economist with Oregon Department of Fish and Wildlife), and Don Reading (Ben Johnson Associates, Inc.) presented data from studies on the economics of Columbia River commercial and recreational salmon fisheries.

COLUMBIA RIVER SPRING CHINOOK ALLOCATION AND WINTER STEELHEAD IMPACTS--DECISION:
Cindy LeFleur and Bill Tweit presented proposed updates to the Mainstem Columbia River Spring Chinook Allocation for Non-Indian Fisheries, 2006-2007 (Policy C-3615). This proposed policy would replace Commission Policies C-3613 and C-3614, both of which terminated on December 31, 2005.

Sixty-three individuals provided oral testimony on the policy during the meeting.

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt the following policy guidance relative to the mainstem Columbia River spring chinook fishery:

- The two-year Policy C-3615 titled "Mainstem Columbia River Spring Chinook Allocation for Non-Indian Fisheries" effective January 14, 2006 through December 31, 2007, as presented by staff, but the recreational allocation would be 55% of the allowable impact rate on wild winter steelhead and the remainder to the commercial fishery.
- The overall non-treaty incidental mortality rate of wild winter steelhead will be limited to no more than 2%.
- The Director shall work with the Oregon Department of Fish and Wildlife to achieve implementation of this Commission action in a manner that results in concurrent regulations between the two states. The Director shall consult with the Commission Chair if it becomes necessary to deviate from the Commission's policy to achieve concurrent regulations with Oregon.

The motion failed.

Commissioner Gutzwiler moved, seconded by Commissioner Perry, to adopt the following policy guidance relative to the mainstem Columbia River spring chinook fishery:

- The two-year Policy C-3615 titled "Mainstem Columbia River Spring Chinook Allocation for Non-Indian Fisheries" effective January 14, 2006 through December 31, 2007, as presented by staff.
- The overall non-treaty incidental mortality rate of wild winter steelhead will be limited to no more than 2%.
- The Director shall work with the Oregon Department of Fish and Wildlife to achieve implementation of this Commission action in a manner that results in concurrent regulations between the two states. The Director shall consult with the Commission Chair if it becomes necessary to deviate from the Commission's policy to achieve concurrent regulations with Oregon.

The motion carried unanimously.

ADVISORY COMMITTEE FOR PERSONS WITH DISABILITIES -- UPDATE:
Albert "Bill" Vincent, Chair of the Commission's Advisory Committee for Persons with Disabilities, briefed and updated the Commission on the Committee's activities in 2005.

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

SUMMARY OF COMMISSION REQUESTS:
Commissioner Roehl moved, seconded by Commissioner Shiosaki, to request the Department schedule a tour prior to April 2006 to the Vedder River Hatchery (British Columbia) for the purpose of education of interested Commissioners and Department staff so as to learn more about their steelhead propagation methods and success rates. The motion carried unanimously.

MISCELLANEOUS AND MEETING DEBRIEF:
Sue Patnude briefed the Commission on the Department's 2007-2009 biennial strategic plan development and timeline.

EXECUTIVE SESSION:
The Commission did not meet in Executive Session because of lack of a quorum. The Executive Session will take place on the Commission's January 20, 2006 conference call.

Chair Ozment adjourned the meeting at 6:07 p.m.





MEMOS AND AUTHORITIES FROM THE JANUARY13-14, 2006
FISH AND WILDLIFE COMMISSION MEETING, OLYMPIA



Commission Minutes

- Motion by Shiosaki, second by Gutzwiler, to approve the minutes of the December 1, 2005, Commission conference call. The motion carried unanimously.

- Motion by Roehl, second by Perry, to continue action on the November 18-19, 2005, Commission meeting minutes to the February 10-11, 2006, Commission meeting in Olympia. The minutes are to reflect Commission directives to the Department regarding the hunter access rules. The motion carried unanimously.

Approval of Landowner Hunting Permits, Raffle Hunts, and PLWMA Rules and Boundary Descriptions Rules

- Motion by Shiosaki, second by Chew, to:

- Adopt WAC 232-12-295, Landowner hunting permits;
- Amend WAC 232-28-293, Landowner raffle hunts; and
- Repeal WAC 232-28-271, PLWMA rules and boundary descriptions as filed with the Code Reviser's Office and amended by staff.

The motion carried unanimously.

License Reciprocity Rules with Oregon

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

Approval of Wild Shellfish Rules

Motion by Chew, second by Solomon, to adopt:

- Amendments to WAC 220-52-018, Clams--Gear;
- 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 the private sector cultured aquatic products.

The motion carried unanimously.

Approval of Land Transaction

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

- Acquisition of the 5,143.76-acre Trust for Public Lands/American Minerals Skookumchuck property in Kittitas County for $1,800,000.

The motion to approve the land transaction carried unanimously.

Approval of Classification of Wildlife Rules

- Motion by Wecker, second by Mahnken, to adopt WAC 232-12- 014, Wildlife classified as endangered species, and WAC 232-12- 011, Wildlife classified as protected shall not be hunted or fished. The motion carried unanimously.

Columbia River Spring Chinook Allocation and Winter Steelhead Impacts Policy

- Motion by Roehl, second by Shiosaki, to adopt the following policy guidance relative to the mainstem Columbia River spring chinook fishery:

- The two-year Policy C-3615 titled "Mainstem Columbia River Spring Chinook Allocation for Non-Indian Fisheries" effective January 14, 2006 through December 31, 2007, as presented by staff, but the recreational allocation would be 55% of the allowable impact rate on wild winter steelhead and the remainder to the commercial fishery.
- The overall non-treaty incidental mortality rate of wild winter steelhead will be limited to no more than 2%.
- The Director shall work with the Oregon Department of Fish and Wildlife to achieve implementation of this Commission action in a manner that results in concurrent regulations between the two states. The Director shall consult with the Commission Chair if it becomes necessary to deviate from the Commission's policy to achieve concurrent regulations with Oregon.

The motion failed.

- Motion by Gutzwiler, second by Perry, to adopt the following policy guidance relative to the mainstem Columbia River spring chinook fishery:

- The two-year Policy C-3615 titled "Mainstem Columbia River Spring Chinook Allocation for Non-Indian Fisheries" effective January 14, 2006 through December 31, 2007, as presented by staff.
- The overall non-treaty incidental mortality rate of wild winter steelhead will be limited to no more than 2%.
- The Director shall work with the Oregon Department of Fish and Wildlife to achieve implementation of this Commission action in a manner that results in concurrent regulations between the two states. The Director shall consult with the Commission Chair if it becomes necessary to deviate from the Commission's policy to achieve concurrent regulations with Oregon.

The motion carried unanimously.

Commission Requests to the Department

- Motion by Roehl, second by Shiosaki, to request the Department schedule a tour prior to April 2006 to the Vedder River Hatchery (British Columbia) for the purpose of education of interested Commissioners and Department staff so as to learn more about their steelhead propagation methods and success rates. The motion carried unanimously.




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

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