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

CONFERENCE CALL January 20, 2006 - 8:30 a.m. Olympia, Washington ATTENDANCE: Commission Department Ron Ozment, Chair Jeff Koenings, Director Ken Chew Larry Peck, Deputy Director Jerry Gutzwiler Ron McQueen, Director's Office Chuck Perry Sue Patnude, Region 6 Director Will Roehl Scott Smith, Fish Program Shirley Solomon Evan Jacoby, Legal Services Miranda Wecker Dave Ware, Wildlife Program Public Commission Staff: None Susan Yeager Nancy Burkhart BUDGET AND STRATEGIC PLANNING: Sue Patnude briefed the Commission on the Department's 2007-2009 biennial strategic plan development. EXECUTIVE SESSION: At 8:55 a.m., pursuant to RCW 42.30.110, the Commission met in Executive Session to evaluate the qualifications of candidates for appointment to the Commission's Advisory Committee for Persons with Disabilities. The Executive Session was closed to the public. No action took place during the Executive Session. At 9:15 a.m., the conference call was resumed. Commissioner Gutzwiler moved, seconded by Commissioner Perry, to appoint Burt Dezihan to the Region 6 position and Edward J. Langlois to the at-large position on the Advisory Committee for Persons with Disabilities. The motion carried unanimously. INTERIM BALLAST WATER MANAGEMENT REPORT -- BRIEFING: Scott Smith briefed the Commission on proposed permanent rule amendments to WAC 220-77-090, Ballast water management and control--Reporting and sampling requirements, which would establish a format for the interim ballast water management report and implement fines for non-compliance. The Commission will consider final action on the rule proposals at its February 10-11, 2006, Commission meeting in Olympia. PERSONAL-USE STURGEON AND BOTTOMFISH RULES -- BRIEFING: Evan Jacoby briefed the Commission on proposed permanent rule amendments to WAC 220-20-021, Sale of commercially caught sturgeon and bottomfish. This would clarify that only lawful-sized commercially caught sturgeon may be retained as take-home fish, and that all take-home sturgeon and bottomfish are recorded as such on fish receiving tickets. The Commission will consider final action on the rule proposals at its February 10-11, 2006, Commission meeting in Olympia. DEFINING PUBLIC ACCESS AND ACCESS AGREEMENT -- RULE ACTION: Dave Ware presented proposed permanent rule amendments that would establish hunting without a permit on private lands that are under agreement with WDFW is essentially a closed-season violation, and that define public access. - WAC 232-12-421, Hunt or possess big game without an access permit; - WAC 232-12-422, Hunt or possess a wild animal or wild bird without an access permit; and - WAC 232-12-423, Public hunting defined and access contracts. The Commission adopted these rule proposals at its November 18-19, 2005, Commission meeting in Vancouver. The hearing and adoption did not follow the correct legal process, and the Commission was briefed on this on its December 1, 2005, conference call. The legal process to adopt the rule was redone for this conference call. Commissioner Gutzwiler moved, seconded by Commissioner Perry, to adopt WAC 232-12-421, Hunt or possess big game without an access permit; WAC 232-12-422, Hunt or possess a wild animal or wild bird without an access permit; and WAC 232-12-423, Public hunting and access agreements defined as proposed. The motion to adopt the rule proposals carried unanimously. (Commissioners Solomon and Wecker were absent during discussion and vote on the motion.) The Department is to provide a briefing to the Commission after two years. The briefing is to include: (1) number of landowners at the start; (2) landowner turnover during the two-year period; and (3) how many landowners left and why. GENERAL DISCUSSION: Commissioners and Director Koenings discussed recent activities and items of interest. MEMOS AND AUTHORITIES FROM THE JANUARY 20, 2006 FISH AND WILDLIFE COMMISSION CONFERENCE CALL, OLYMPIA Advisory Committee for Persons with Disabilities - Motion by Gutzwiler, second by Perry, to appoint Burt Dezihan to the Region 6 position and Edward J. Langlois to the at-large position on the Advisory Committee for Persons with Disabilities. The motion carried unanimously. Approval of Defining Public Access and Access Agreement Rules - Motion by Gutzwiler, second by Perry, to adopt WAC 232-12-421, Hunt or possess big game without an access permit; WAC 232-12- 422, Hunt or possess a wild animal or wild bird without an access permit; and WAC 232-12-423, Public hunting and access agreements defined as proposed. The motion to adopt the rule proposals carried unanimously.* *Commissioners Solomon and Wecker were absent during discussion and vote on the motion. Commissioners in Attendance: Ron Ozment, Chair Ken Chew Jerry Gutzwiler Chuck Perry Will Roehl Shirley Solomon Miranda Wecker

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