WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
|
Minutes WASHINGTON FISH AND WILDLIFE COMMISSION 600 Capitol Way North, Olympia, WA 98501-1091 |
Natural Resources Building
1111 Washington Street SE
Olympia, Washington
| ATTENDANCE: | |
| Commission | Department (continued) |
| Jerry Gutzwiler, Chair | Craig Burley |
| Miranda Wecker, Vice Chair | Heather Bartlett |
| Ken Chew | Lora Leschner |
| Gary Douvia | Marc Daily |
| Conrad Mahnken | Pat Michael |
| Will Roehl | Josh Nicholas |
| Shirley Solomon | Dianne Ludwig |
| Other Department staff | |
| Commission Staff: | |
| Susan Yeager | Public |
| Nancy Burkhart | Butch Wilson, Small Scale Prospectors |
| Bruce Beatty, Small Scale Prospectors | |
| Betty Beatty, Small Scale Prospectors | |
| Department | John Sattgast |
| Jeff Koenings, Director | Ray Toste |
| Phil Anderson, Deputy Director - Resource Policy | Jan Webster, WA Dept. of Ecology |
| Joe Stohr, Deputy Director - Operations | Jack Havens |
| Bruce Bjork | David Kiesel |
| Mike Cenci | Bruce Barnes |
| Lew Atkins | Rep. Ed Orcutt |
| Ron McQueen | Pam Kiesel |
| Cindy LeFleur | Bob Holtferter |
| Bill Frymire, AGO | Scott Atkinson, NW Mineral Prospectors |
| Heather Reed | Bob Metke |
| Dan Budd | Marianne Metke |
| Todd Walker | Martha Jordan, The Trumpeter Swan Society |
| Elyse Kane | Deborah Feinstein, OFM |
| John Long | Kirstan Arestad, WA State Senate |
| Tom Davis | John Sattgast |
| Margaret Ainscough | Mark Gjurasic, WA Snowmobile Assn. |
| Craig Bartlett | Gary Harris, Wa Snowmobile Assn. |
| Paul Dahmer | Ron Wilson |
| Steve Pozzanghera | Sue Wilson |
| Cindi Confer | Richard Holcomb |
| Don Kraege | |
| Brad Sele | |
| Christy Vassar | |
| Mik Mikitik | |
| John Wisner | |
| Jeromy Jording | |
| Morris Barker | |
FRIDAY, OCTOBER 12:
Chair Gutzwiler called the meeting to order at 8:35 a.m.
APPROVAL OF MINUTES:
Commissioner Wecker moved, seconded by Commissioner Roehl, to approve the minutes of the:
- August 3-4, 2007, Commission Meeting; and
The motion carried unanimously.
- September 21, 2007, Commission Conference Call
(Commissioner Chew was absent during discussion and vote on the motion.)
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.
STRATEGIC PLANNING / BUDGET – UPDATE:
Deputy Director Joe Stohr updated the Commission on the Department’s budget and strategic planning.
OPEN PUBLIC INPUT:
Seven individuals provided oral testimony on issues of concern during this portion of the meeting.
PROPOSED LAND TRANSACTIONS -- ACTION:
Dan Budd presented for approval various proposed land transactions.
One individual provided oral testimony on the proposed land transactions.
Commissioner Wecker moved, seconded by Commissioner Solomon, to approve the following land transactions:
- Acquisition of the 77.6-acre Kiesel & Metke property in Skagit County for $524,000;
The motion carried unanimously.
- Acquisition of the 77.8-acre Monahan Phase 2 property in Kittitas County for $975,000;
- Acquisition of the 12.20-acre Jorgensen, et al., property in Okanogan county for $176,000; and
- Transfer of 1.43 acres and the improvements at Bush Point in Island County to the Port of South Whidbey.
(Commissioner Chew was absent during discussion and vote on the motion.)
USE OF DECOYS AND CALLS – RULE ACTION:
Don Kraege presented proposed permanent amendments to WAC 232-12-257, Use of decoys and calls, which would bring the rule in line with other wildlife area rules currently under consideration. The Commission held a public hearing regarding these proposed amendments at its June 1-2, 2007, Commission meeting in Spokane. The Commission postponed rule action to this meeting in order to allow more time for staff to address comments received.
Commissioner Roehl moved, seconded by Commissioner Wecker, to adopt the permanent amendments to WAC 232-12-257, Use of decoys and calls, as filed with the Code Reviser’s Office and amended by staff. The motion carried unanimously.
(Commissioner Chew was absent during discussion and vote on the motion.)
PUBLIC CONDUCT IN WILDLIFE AREAS AND ACCESS SITES OWNED OR CONTROLLED BY THE DEPARTMENT – RULE ACTION:
Steve Pozzanghera, Paul Dahmer, Cindi Confer, and Bruce Bjork presented proposed permanent WAC rules and repeal of old rules to regulate the proper use of Department lands, protect fish and wildlife resources, and ensure public safety.
The Commission held a public hearing regarding these proposed rules at its August 3-4, Commission meeting in Anacortes.
To allow staff more time to review comments received on the proposals, Commissioner Roehl moved, seconded by Commissioner Wecker, to continue action on the proposed WAC rules and repealers to the December 7-8, 2007, Commission meeting in Port Angeles:
- WAC 232-13-010, Introduction;
The motion carried unanimously.
- WAC 232-13-020, Purpose;
- WAC 232-13-030, Definitions;
- WAC 232-13-040, Aircraft;
- WAC 232-13-050, Behavior and conduct;
- WAC 232-13-060, Camping;
- WAC 232-13-070, Fires and campfires;
- WAC 232-13-080, Commercial use or activity;
- WAC 232-13-090, Noncommercial use or activity;
- WAC 232-13-100, Dumping and sanitation;
- WAC 232-13-110, Enforcement;
- WAC 232-13-120, Erecting and using camps, blinds, and tree stand structures on department lands;
- WAC 232-13-130, Firearms and target practicing;
- WAC 232-13-140, Fireworks;
- WAC 232-13-150, Regulating public access;
- WAC 232-13-160, Livestock;
- WAC 232-13-170, Parking;
- WAC 232-13-180, Pets;
- WAC 232-13-190, Resource removal;
- WAC 232-13-200, Vehicle use; and
- WAC 232-13-210, Penalties.
Repeal:
- WAC 232-12-174, Domestic animals on department lands;
- WAC 232-12-177, Vehicles using department lands;
- WAC 232-12-184, Aircraft—Authorized use on department lands;
- WAC 232-12-187, Access areas—Other department lands—wildlife agenda to control traffic thereon; and
- WAC 232-12-251, Removal of minerals, wood and artifacts from department lands.
(Commissioner Chew was absent during discussion and vote on the motion.)
ADVANCED HUNTER EDUCATION – RULE BRIEFING AND PUBLIC HEARING:
Bruce Bjork and Mik Mikitik briefed the Commission on proposed amendments to WAC 232-12-073, Advanced hunter education, which would improve the Department’s ability to hold Master Hunters accountable to ethical standards.
Two individuals provided oral testimony on the proposed amendments during the meeting.
Staff explained that additional amendments will be filed with the Code Reviser, and the new proposals will be presented for public testimony on the December 7-8, 2007, Commission meeting in Port Angeles.
HUNTER EDUCATION DEFERRAL – RULE BRIEFING AND PUBLIC HEARING:
Bruce Bjork and Mik Mikitik briefed the Commission on proposed amendments to WAC 232-12-228, Hunter education deferral, which would enable individuals to apply for a Director-authorized, once-in-a-lifetime, one license year deferral of hunter education training. The Commission will consider adoption of permanent amendments at its November 2-3, 2007, Commission meeting in Chelan.
One individual provided oral testimony on the proposed amendments during the meeting.
COMMERCIAL GROUNDFISH/HIGHLY MIGRATORY SPECIES – RULE BRIEFING AND PUBLIC HEARING:
Mike Cenci briefed the Commission on proposed WAC rule amendments that would reorganize the regulations, bring them into compliance with federal regulations, and provide more clarity to the industry and enforcement officers on requirements for purchasers and receivers of bottomfish.
AmendmentsNo oral testimony on the proposed rule amendments was received during the meeting.
- WAC 220-44-020, Coastal baitfish gear;
- WAC 220-44-030, Coastal bottomfish gear;
- WAC 220-44-035, Highly migratory species fisheries—Possession and landing requirements—Gear restriction;
- WAC 220-44-040, Coastal bottomfishing areas and seasons;
- WAC 220-44-050, Coastal bottomfish catch limits;
- WAC 220-44-080, Otter trawl logbook required;
- WAC 220-69-230, Description of Washington state nontreaty fish receiving tickets;
- WAC 220-69-250, Required information on nontreaty fish receiving tickets; New Section - WAC 220-44-100, bottomfish caught during research.
The commission will consider adoption of permanent amendments at its November 2-3, 2007, Commission meeting in Chelan.
FORAGE FISH, CATCH ACCOUNTING – RULE BRIEFING AND PUBLIC HEARING:
Mike Cenci briefed the Commission on proposed amendments to rule that would ensure more accurate accounting of forage fish harvest to meet conservation objectives:
- WAC 220-69-215, When state of Washington fish receiving tickets are required; andNo oral testimony on the proposed rule amendments was received during the meeting.
- WAC 220-69-241, Duties of commercial fishers.
The Commission will consider adoption of permanent amendments at its November 2-3, 2007, Commission meeting in Chelan.
QUICK REPORTING DUTIES OF COMMERCIAL PURCHASERS AND RECEIVERS, SALMON AND STURGEON – RULE BRIEFING AND PUBLIC HEARING:
John Long, Jeromy Jording, and Mike Cenci briefed the Commission on proposed amendments to WAC 220-69-240(12), Duties of commercial purchasers and receivers, which would help address management needs in specific areas.
No oral testimony on the proposed rule amendments was received during the meeting.
The Commission will consider adoption of permanent amendments at its November 2-3, 2007, meeting in Chelan.
RECREATIONAL SHELLFISH AND SEAWEED WEARABLE LICENSE – RULE BRIEFING AND PUBLIC HEARING:
Morris Barker briefed the Commission on a proposal to repeal WAC 220-55-010, Recreational shellfish and seaweed license, in compliance with 2007 legislative action (HB 1082).
No oral testimony on the proposed rule amendments was received during the meeting.
The Commission will consider adoption of permanent amendments at its November 2-3, 2007, meeting in Chelan.
SHELLFISH HARVEST LOGS – RULE ACTION:
Morris Barker presented proposed permanent rule amendments to WAC 220-52-075, Shellfish harvest logs, which would clarify and improve requirements for commercial shellfish logbooks. The Commission held a public hearing regarding these proposed rules at its August 3-4, 2007, Commission meeting in Anacortes.
Commissioner Chew moved, seconded by Commissioner Solomon, to adopt the permanent amendments to WAC 220-52-075, Shellfish harvest logs, as filed with the Code Reviser’s Office and amended by staff. The motion carried unanimously.
AQUATIC LANDS ENHANCEMENT ACCOUNT (ALEA) GRANT PROGRAM – RULE BRIEFING AND PUBLIC HEARING:
Josh Nicholas and Dianne Ludwig provided an over of the ALEA Program and briefed the Commission on a proposed amendment to WAC 220-13-040, Review and selection process, which would change the open application period to December 1 through February 28.
No oral testimony on the proposed rule amendments was received during the meeting.
The Commission will consider adoption of permanent amendments at its November 2-3, 2007, meeting in Chelan.
COMMISSIONER COMPENSATION PROCEDURE – DECISION:
The Commission discussed and considered adoption of a Commissioner Compensation Procedure that outlines the eligibility requirements for compensable workdays.
Commissioner Solomon moved, seconded by Commissioner Chew, to adopt the Commissioner Compensation Procedure with the changes as discussed. The motion carried unanimously.
2008 COMMISSION MEETING CALENDAR – DECISION:
The Commission chose the following dates and locations for its 2008 regular meeting calendar:
- January 10-12, 2008, Vancouver;Commission conference calls will be held the first and third Fridays of each month except when a meeting is on the first weekend of the month.
- February 1-2, 2008, Olympia;
- March 7-8, 2008, Olympia;
- April 11-12, 2008, Tri-cities;
- May 2-3, 2008, Stevens County;
- June 6-7, 2008, Grays Harbor County;
- July 18-19, 2008, Spokane;
- August 8-9, 2008, Bellingham;
- September 5-6, 2008, Issaquah;
- October 3-4, 2008, Ellensburg;
- November 7-8, 2008, Leavenworth; and
- December 5-6, 2008, Olympia;
OPEN PUBLIC INPUT:
No oral testimony on issues of concern was received during this portion of the meeting.
Chair Gutzwiler recessed the meeting at 4:50 p.m.
SATURDAY, OCTOBER 13:
Chair Gutzwiler called the meeting back to order at 8:35 a.m.
OPEN PUBLIC INPUT:
One individual provided oral testimony on issues of concern during this portion of the meeting.
COLUMBIA RIVER/COASTAL COMMERCIAL STURGEON FISHERY – RULE ACTION:
Morris Barker and Cindy LeFleur presented proposed permanent rule amendments that would improve conservation and management of the commercial sturgeon fishery.
The Commission held a public hearing regarding these proposed amendments at its August 3-4, 2007, Commission meeting in Anacortes.
Commissioner Roehl moved, seconded by Commissioner Solomon, to adopt the following as filed with the Code Reviser’s Office and amended by staff:
- WAC 220-20-010, General provisions—Lawful and unlawful acts—Salmon, other fish and shellfish;
The motion carried unanimously.
- WAC 220-20-021, Sale of commercially caught sturgeon, bottomfish and halibut;
- WAC 220-33-001, General provision—commercial fishing regulated;
- WAC 220-33-020, Sturgeon;
- WAC 220-36-031, Grays Harbor—Season and gear—Sturgeon; and
- WAC 220-40-031, Willapa Bay—Seasons and lawful gear—Sturgeon.
COASTAL DUNGENESS CRAB – RULE ACTION:
Heather Reed presented proposed permanent rule amendments pertaining to the coastal Dungeness crab fishery that are currently in effect by emergency regulation through the Limited entry 200 agreement between Oregon and Washington.
The Commission held a public hearing regarding these proposed amendments at its August 3-4, 2007, Commission meeting in Anacortes.
Commissioner Mahnken moved, seconded by Commissioner Wecker, to adopt the permanent amendments to:
- WAC 220-52-040, Commercial crab fishery—Lawful and unlawful gear, methods, and other unlawful acts;
The motion carried unanimously.
- WAC 220-52-041, Coastal Dungeness crab logbook requirements; and
- WAC 220-52-046, Crab fishery—Seasons and areas.
2008-2009 SPORTFISH RULE PROPOSALS – BRIEFING:
Craig Burley, Pat Michael, and Morris Barker briefed the Commission on rule proposals for the 2008-2009 sportfish season, and provided an overview of the regulation development process. Public testimony on the rule proposals will be taken at the November 2-3, 2007, Commission meeting in Chelan. The Commission will consider adopting permanent rules for the 2008-2009 sportfish season at the February 1-2, 2008, Commission meeting in Olympia.
COMMISSION COMMITTEE REPORTS:
The Commission discussed activities of the various Commission committees.
SUMMARY OF COMMISSION REQUESTS:
The Commission reviewed the current list of Commission Requests to the Department.
OPEN PUBLIC INPUT:
No oral testimony on issues of concern was received during this portion of the meeting.
MISCELLANEOUS AND MEETING DEBRIEF:
Commissioners discussed items that arose immediately before or during the meeting and after the preliminary agenda was published.
Chair Gutzwiler adjourned the meeting at 12:00 noon.
| Approval of Minutes |
- Motion by Wecker, second by Roehl, to approve the minutes of the: - - August 3-4, 2007, Commission Meeting; andThe motion carried unanimously. * |
|---|---|
| Approval of Land Transactions |
- Motion by Wecker, second by Solomon, to approve the following land transactions:
|
| Public Conduct in Wildlife Areas and Access Sites Owned or Controlled by the Department | - Motion by Roehl, second by Wecker, to continue action on the proposed WAC rules and repealers to the December 7-8, 2007, Commission meeting in Port Angeles:
- WAC 232-13-010, Introduction; - WAC 232-13-020, Purpose; - WAC 232-13-030, Definitions; - WAC 232-13-040, Aircraft; - WAC 232-13-050, Behavior and conduct; - WAC 232-13-060, Camping; - WAC 232-13-070, Fires and campfires; - WAC 232-13-080, Commercial use or activity; - WAC 232-13-090, Noncommercial use or activity; - WAC 232-13-100, Dumping and sanitation; - WAC 232-13-110, Enforcement; - WAC 232-13-120, Erecting and using camps, blinds, and tree stand structures on department lands; - WAC 232-13-130, Firearms and target practicing; - WAC 232-13-140, Fireworks; - WAC 232-13-150, Regulating public access; - WAC 232-13-160, Livestock; - WAC 232-13-170, Parking; - WAC 232-13-180, Pets; - WAC 232-13-190, Resource removal; - WAC 232-13-200, Vehicle use; and - WAC 232-13-210, Penalties. Repeal: - WAC 232-12-174, Domestic animals on department lands; - WAC 232-12-177, Vehicles using department lands; - WAC 232-12-184, Aircraft—Authorized use on department lands; - WAC 232-12-187, Access areas—Other department lands—wildlife agenda to control traffic thereon; and - WAC 232-12-251, Removal of minerals, wood and artifacts from department lands. The motion carried unanimously.* |
| Approval of Decoys and Calls Rules | - Motion by Roehl, second by Wecker, to adopt the permanent amendments to WAC 232-12-257, Use of decoys and calls, as filed with the Code Reviser’s Office and amended by staff. The motion carried unanimously.* |
| Approval of Shellfish Harvest Logs Rules | - Motion by Chew, second by Solomon, to adopt the permanent amendments to WAC 220-52-075, Shellfish harvest logs, as filed with the Code Reviser’s Office and amended by staff. The motion carried unanimously. |
| Commissioner Compensation Procedure | - Motion by Solomon, second by Chew, to adopt the Commissioner Compensation Procedure with the changes as discussed. The motion carried unanimously. |
| Approval of Columbia River/Coastal Commercial Sturgeon Fishery Rules | - Motion by Roehl, second by Solomon, to adopt the following as filed with the Code Reviser’s Office and amended by staff:
- WAC 220-20-010, General provisions—Lawful and unlawful acts—Salmon, other fish and shellfish; - WAC 220-20-021, Sale of commercially caught sturgeon, bottomfish and halibut; - WAC 220-33-001, General provision—commercial fishing regulated; - WAC 220-33-020, Sturgeon; - WAC 220-36-031, Grays Harbor—Season and gear—Sturgeon; and - WAC 220-40-031, Willapa Bay—Seasons and lawful gear—Sturgeon. The motion carried unanimously. |
| Approval of Coastal Dungeness Crab Rules | - Motion by Mahnken, second by Wecker, to adopt the permanent amendments to:
- WAC 220-52-040, Commercial crab fishery—Lawful and unlawful gear, methods, and other unlawful acts; - WAC 220-52-041, Coastal Dungeness crab logbook requirements; and - WAC 220-52-046, Crab fishery—Seasons and areas. The motion carried unanimously. |
* Commissioner Chew was absent during discussion and vote on the motion.
Commissioners in Attendance:
Jerry Gutzwiler, Chair
Miranda Wecker, Vice Chair
Ken Chew
Gary Douvia
Conrad Mahnken
Will Roehl
Shirley Solomon
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