Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
MEETING
March 9-10, 2007

Natural Resources Building, Rooms 175A and 175B
1111 Washington Street SE
Olympia, Washington

ATTENDANCE:
Commission Department (continued)
Jerry Gutzwiler, Chair Mike Davison
Miranda Wecker, Vice Chair Bridget Moran
Ken Chew Justin Secrist
Gary Douvia Kirt Hughes
Conrad Mahnken Ron Warren
Will Roehl Brad Thompson
Fred Shiosaki Captin Bill Hebner
Shirley Solomon Rich Childers
Morris Barker
Commission Staff:
Susan Yeager Public
Andy Mitby, Willapa Bay Gillnetters, Assn.
Department Rob Kavanaugh
Jeff Koenings, Director George Ziegltrium, WA Forest Practices Assn.
Larry Peck, Deputy Director Joe LaTourrette, Pacific Coast Joint Venture
Bill Frymire, AGO Melinda Poyner, Jones & Stokes
Phil Anderson Jim Tuggle, Puget Sound Anglers
Lew Atkins Martha Jordan
Dave Brittell John Han, WA State Hound Council
Tom Davis John Robert, Silver Dollar Assn.
Greg Hueckel Clint Muns, Puget Sound Anglers, RFA
Jeff Tayer Bob Burdick, WA State Bowhunters Assn.
Lora Leschner Steve Link, WA State Bowhunters Assn.
Sue Patnude Rose Stevens, Private Landowner Program
Ron McQueen Allen Gauger, Private Landowner Program
Dennis Beich Jack Field, WA Cattlemen's Assn.
Jo Wadsworth John Rantz, Puget Sound Crab Assn.
Dave Ware Don Overby
Mark Quinn Ron Judd, Governor's Office
Dan Budd Brad Johnson
Don Kraege Walt Christensen, WA Muzzleloaders Assn.
Jane Banyard Jim Pearson, SCI
Jennifer Quan Carl Burke, Fish Northwest
Marc Daily Bob Lake, Willapa Bay Gillnetters Assn.
Jerry Nelson
Mick Cope
Donny Martorello
Cindy LeFleur

FRIDAY, MARCH 9:

Chair Gutzwiler called the meeting to order at 8:32 a.m.

APPROVAL OF MINUTES:
Commissioner Wecker moved, seconded by Commissioner Mahnken, to approve the minutes of the:

- January 19, 2007, Commission conference call;
- January 26, 2007, Commission conference call;
- February 9, 2007, Commission conference call;
- February 16, 2007, Commission conference call; and
- February 23, 2007, Commission conference call.
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:
Director Koenings reviewed significant Department issues and activities.

LEGISLATIVE SESSION UPDATE:
Tom Davis and Commissioners discussed the status of and Commissioner viewpoints on legislation related to the conservation and management of the fish and wildlife resources in Washington state.

PERFORMANCE AND ACCOUNTABLITY UPDATE:
Sue Patnude provided a status report on the Department's strategic planning and performance measures process.

BUDGET UPDATE:
Ron McQueen 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.

LANDOWNER DAMAGE HUNTS - RULE ACTION:
Dave Ware presented proposed permanent rule amendments: WAC 232-28-266, landowner damage hunts; and WAC 232-12-025, Hunts authorized pursuant to RCW 77.12.240. These would implement the Landowner Hunting Permit Program and clarify the statutory authority for issuing permits. The Commission heard public testimony at its February 2-3, 2007, meeting in Olympia.

Commissioner Wecker moved, seconded by Commissioner Perry, to adopt the permanent rule amendments to:

- WAC 232-28-266, Landowner damage hunts; and
- WAC 232-12-025, Hunts authorized pursuant to RCW 77.12.240.
The motion carried unanimously.

FUND SOURCES FOR HABITAT ACQUISITION - BRIEFING:
At the request of the Commission, Mark Quinn and Joe La Tourrette (Pacific Coast Joint Venture) briefed the Commission on funding sources for habitat acquisition projects.

PROPOSED LAND TRANSACTIONS - DECISION:
Dan Budd presented several proposed land transactions for approval.

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

Commissioner Wecker moved, seconded by Commissioner Perry, to approve the following land transactions:

- Acquisition of the 80-acre Lummi Island Heritage Trust conservation easement in Whatcom County for $800,000;
- Acquisition of the 319.77-acre Lundgren Family Limited Patnership conservation easement in Okanogan County for $998,000;
- Acquisition of the 80-acre Monahan property in Kittitas County for $249,000;
- Acceptance of the 20.88-acre Jefferson Land Trust transfer property in Jefferson County.
- Acceptance of the 202-acre Washington Department of Natural Resources' Trust Land Transfer properties in Okanogan County;
- Acceptance of the 0.2-acre donated easement from Skagit Land Trust in Skagit County;
- Exchange Washington Department of Transportation's 0.1 acre at Wiser Lake for 1.6 acres at Nooksack River in Whatcom County;
- Grant 0.2-acre powerline easement on Stillaguamish River to Snohomish County PUD in Snohomish County; and
- Grant approximately 2-acre easement at Chelan Hatchery to Chelan County PUD in Chelan County.
The motion carried unanimously.

HUNTING HOURS FOR GAME BIRDS AND GAME ANIMALS - RULE BRIEFING AND PUBLIC HEARING:
Don Kraege presented proposed permanent rule amendments to WC 232-12-289, Official hunting hours for game birds and game animals, which would align official hunting hours with federal policy and changes to a goose management area in Grays Harbor County. The Commission will consider adopting permanent rule amendments at its April 6-7, 2007, Commission meeting in Ellensburg.

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

HABITAT CONSERVATION PLANNING FOR WILDLIFE AREAS AND HYDRAULIC PROJECT APPROVALS - BRIEFING:
Jane Banyard, Jennifer Quan, and Marc Daily briefed the Commission on progress made over the last year on two projects that seek to develop Habitat Conservation Plans for activities authorized under the Hydraulic Project Approval Program, and for activities in Wildlife Areas.

DEER AND ELK SPECIAL PERMITS - RULE BRIEFING:
Jerry Nelson presented proposed permanent rule amendments for 2007 deer and elk special permits to maintain opportunities, provide new opportunities, and make adjustments for population changes and damage complaints: WAC 232-28-353, 2007, Deer special permits; and WAC 232-28-354, 2007 Elk special permits. The public hearing opportunity and final consideration are scheduled for the April 6-7, 2007, Commission meeting in Ellensburg.

OPEN PUBLIC INPUT:
No oral testimony on issues of concern was received during this portion of the meeting.

COMMISSION'S ANNUAL MEETING WITH THE GOVERNOR:
In accordance with RCW 77.04.055, the Commission met with Governor Gregoire to: (a) review and prescribe basic goals and objectives related to policies; and (b) review the performance of the Department in implementing fish and wildlife policies. The meeting took place at the Governor's Office in Olympia

Chair Gutzwiler recessed the Commission meeting at 5:10 p.m.

SATURDAY, MARCH 10:

Chair Gutzwiler called the meeting back to order at 8:33 a.m.

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

MARINE FISH CULTURE POLICY - DECISION:
Phil Anderson presented proposed updates to the Commission's Marine Fish Culture Policy (C-3611) for approval. The Commission received public testimony at its February 2-3, 2007, Commission meeting in Olympia.

Commissioner Mahnken moved, seconded by Commissioner Solomon, to adopt the revised Marine Fish Culture Policy (C-3611) as proposed. The motion carried unanimously.

LANDOWNER HUNTING PERMITS - RULE BRIEFING AND PUBLIC HEARING:
Mick Cope presented proposed permanent rule amendments to WAC 232-28-295, Landowner hunting permits, which would provide landowner hunting permits to address damage concerns and provide public hunting access to private lands. The Commission will consider adopting permanent rule amendments at its April 6-7, 2007, Commission meeting in Ellensburg.

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

MOOSE, BIGHORN SHEEP, AND MOUNTAIN GOAT SEASONS AND PERMIT QUOTAS - RULE BRIEFING AND PUBLIC HEARING:
Donny Martorello presented proposed permanent rule amendments to WAC 232-28-273, 2006-2007 Moose, bighorn sheep, and mountain goat seasons and permit quotas, which would increase permit levels. The Commission will consider adopting permanent rule amendments at its April 6-7, 2007, Commission meeting in Ellensburg.

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

DEER AND ELK HUNTING SEASONS - RULE BRIEFING AND PUBLIC HEARING:
Jerry Nelson presented proposed permanent rule amendments to WAC 232-28-351, 2006-2008, Deer general seasons and definitions; and WAC 232-28-351, 2006-2008, Elk general seasons and definitions. These would maintain deer and elk general season hunting opportunities. The Commission will consider adopting permanent rule amendments at its April 6-7, 2007, Commission meeting in Ellensburg.

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

GAME MANAGEMENT UNITS BOUNDARY DESCRIPTIONS, REGION FIVE - RULE BRIEFING AND PUBLIC HEARING:
Jerry Nelson presented proposed permanent rule amendments to WAC 232-28-335, Game management units (GMUs) boundary descriptions-Region five, which would maintain clear and forcible boundaries in Region 5, GMU 556. The Commission will consider adopting permanent rule amendments at its April 6-7, 2007, Commission meeting in Ellensburg.

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

IMPORTATION AND RETENTION OF DEAD NONRESIDENT WILDLIFE - RULE BRIEFING AND PUBLIC HEARING:
Jerry Nelson presented proposed permanent rule amendments to WAC 232-12-021, Importation and retention of dead nonresident wildlife, which would add Kansas to the list of states from which Washington hunters are required to process animal carcasses before bringing them home to Washington state. The Commission will consider adopting permanent rule amendments at its April 6-7, 2007, Commission meeting in Ellensburg.

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

LIVESTOCK GRAZING ON DEPARTMENT LANDS - RULE BRIEFING AND PUBLIC HEARING:
Mark Quinn presented proposed permanent rule amendments to WAC 232-12-181, Livestock grazing on Department of Fish and Wildlife lands, which would facilitate the Department's ability to address emergency grazing activities by increasing the length of time for which temporary permits may be issued. The Commission will consider adopting permanent rule amendments at its April 6-7, 2007, Commission meeting in Ellensburg.

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

COLUMBIA RIVER FISHERY - RULE BRIEFING AND PUBLIC HEARING:
Morris Barker and Cindy LeFleur presented proposed permanent rule amendments to:

- WAC 220-16-095, Definitions-Set net;
- WAC 220-22-010, Columbia River Salmon Management and Catch Reporting Areas;
- WAC 220-32-055, Off-reservation Indian subsistence fishing;
- WAC 220-33-005, Definitions-River mouth sanctuaries; and
- WAC 220-33-010, Salmon.
These amendments would bring a common set of Salmon Management and Catch Reporting Areas between Washington and Oregon, and also update the rules to reflect gill net gear requirements.

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

PUGET SOUND DUNGENESS CRAB CATCH RECORD CARD MODIFICATIONS-RULE BRIEFING AND PUBLIC HEARING:
Rich Childers briefed the Commission on proposed permanent rule amendments to WAC 220-56-175, Catch record cards, which would allow for specific Dungeness crab reporting requirements and options. The Commission will consider adopting permanent rule amendments at its April 6-7, 2007, Commission meeting in Ellensburg.

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

FIR ISLAND SNOW GOOSE HUNTING SEASON OVERVIEW - BRIEFING:
At the request of the Commission, Captain Bill Hebner, Mike Davison, and Bridget Moran briefed the Commission on the status of collaborative efforts to develop a comprehensive Fir Island waterfowl management plan.

ECOSYSTEM DIAGNOSIS AND TREATMENT (EDT) - BRIEFING:
At the request of the Commission, Brad Thompson briefed the Commission on the EDT model and demonstrated how it is applied.

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

COMMISSION COMMITTEE REPORTS:
The Commission discussed activities of the various Commission committees.

MISCELLANEOUS AND MEETING DEBRIEF:
The Commission discussed items that arose after the preliminary agenda was published.

Chair Gutzwiler adjourned the meeting at 3:55 p.m.





MEMOS AND AUTHORITIES FROM THE MARCH 9-10, 2007
FISH AND WILDLIFE COMMISSION MEETING, OLYMPIA



Approval of Commission Minutes

- Motion by Wecker, second by Mahnken, to approve the minutes of the:

- January 19, 2007, Commission conference call;
- January 26, 2007, Commission conference call;
- February 9, 2007, Commission conference call;
- February 16, 2007, Commission conference call; and
- February 23, 2007, Commission conference call.
The motion carried unanimously.
Approval of Landowner Damage Hunts Rules

- Motion by Wecker, second by Perry, to adopt the permanent rule amendments to:

- WAC 232-28-266, Landowner damage hunts; and
- WAC 232-12-025, Hunts authorized pursuant to RCW 77.12.240.
The motion carried unanimously.
Proposed Land Transactions

- Motion by Wecker, second by Perry, to approve the following land transactions:

- Acquisition of the 80-acre Lummi Island Heritage Trust conservation easement in Whatcom County for $800,000;
- Acquisition of the 319.77-acre Lundgren Family Limited Patnership conservation easement in Okanogan County for $998,000;
- Acquisition of the 80-acre Monahan property in Kittitas County for $249,000;
- Acceptance of the 20.88-acre Jefferson Land Trust transfer property in Jefferson County.
- Acceptance of the 202-acre Washington Department of Natural Resources' Trust Land Transfer properties in Okanogan County;
- Acceptance of the 0.2-acre donated easement from Skagit Land Trust in Skagit County;
- Exchange Washington Department of Transportation's 0.1 acre at Wiser Lake for 1.6 acres at Nooksack River in Whatcom County;
- Grant 0.2-acre powerline easement on Stillaguamish River to Snohomish County PUD in Snohomish County; and
- Grant approximately 2-acre easement at Chelan Hatchery to Chelan County PUD in Chelan County.
The motion carried unanimously.
Marine Fish Culture Policy

- Motion by Mahnken, second by Solomon, to adopt the revised Marine Fish Culture Policy (C-3611) as proposed. The motion carried unanimously.




Commissioners in Attendance:
Jerry Gutzwiler, Chair
Miranda Wecker, Vice Chair
Ken Chew
Gary Douvia
Conrad Mahnken
Chuck Perry
Will Roehl
Shirley Solomon

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