Fish and Wildlife Commission

Meeting Minutes & Agendas

Friday, December 4:

Chair Pelly called the meeting to order at 1:40 p.m.

COMMISSIONERS' DISCUSSION:

Commissioners discussed recent activities and items of general interest.

OPEN PUBLIC INPUT:

Two individuals provided oral testimony on issues of concern.

LAND TRANSACTION:

Dan Budd presented the Department's recommendation of approval of a proposed land transaction.

Commissioner Cahill moved, seconded by Commissioner Roehl, to approve the sale of the surplus Peone Creek property in Spokane County to Kaiser Aluminum for $80,001. The motion carried unanimously.

AMENDMENT TO 1999-2000 OFFICIAL HUNTING HOURS AND

SMALL GAME SEASONS, SPECIAL HUNTING SEASONS:

Steve Pozzanghera presented the Department's final recommendation of adoption of permanent amendments to the following rules:

These amendments would provide tag language changes consistent with the license reform bill and clarify goose hunting hours during the September Canada goose season. These amendments would also define eligibility for youth and age 65 and over permit hunts, and establish a process for applying for either black bear or cougar permit hunts.

No oral testimony on the rule proposals was received during the meeting.

Commissioner Roehl moved, seconded by Commissioner White, to adopt the permanent amendment to WAC 232-28-264, 1997-98, 1998-99, and 1999-2000 Official Hunting Hours and Small Game Seasons, as filed with the Code Reviser's Office and amended by staff; and to adopt the permanent amendment to WAC 232-28-260, Special Hunting Seasons, as filed with the Code Reviser's Office and amended by staff, with a special finding that it be effective January 1, 1999. The motion carried unanimously.

ESTABLISHMENT OF 2000 BIG GAME AND TURKEY AUCTION

PERMIT AND RAFFLE SEASONS:

Dave Ware presented the Department's final recommendation of adoption of a permanent amendment to WAC 232-28-274, 1999 Big Game and Wild Turkey Auction Permits and Raffles, to establish the big game and wild turkey auction permit and raffle seasons for 2000.

No oral testimony on the rule proposal was received during the meeting.

Commissioner White moved, seconded by Commissioner Roehl, to adopt the permanent amendment to WAC 232-28-274, 1999 Big Game and Auction Permits and Raffles, as filed with the Code Reviser's Office and amended by staff, with a delayed effective date of January 1, 2000. The motion carried unanimously.

ESTABLISHMENT OF 1999 BLACK BEAR PERMIT SEASON AND QUOTAS/

AMENDMENT TO 1999-2000 BLACK BEAR AND COUGAR SEASONS:

Steve Pozzanghera presented the Department's final recommendation of adoption of the following rule proposals:

• Permanent amendment to WAC 232-28-272, 1998-99 and 1999-2000 Black Bear and Cougar Hunting Seasons and Regulations: This amendment would provide license and tag language changes consistent with the license reform bill and increase the cougar bag limit. This amendment would also shorten the 1999 fall bear season in the Blue Mountains and change the bear season opener to follow Labor Day.

Seven individuals provided oral testimony on the rule proposals during the meeting.

Commissioner Lydig moved, seconded by Commissioner White, to adopt WAC 232-28-275, 1999 Black Bear Special Permit Season and Quotas, as filed with the Code Reviser's Office and amended by staff, with a special finding that it be effective January 1, 1999; and to adopt the permanent amendment to WAC 232-28-272, 1998-99 and 1999-2000 Black Bear and Cougar Hunting Seasons and Regulations.

Commissioner Cahill moved, seconded by Commissioner Pelly, to amend the motion to remove the spring bear hunt in the Blue Mountains and leave the fall black bear season in the Blue Mountains as it was previously adopted. The motion to amend the motion failed.

The motion carried.

AMENDMENT TO PLWMA HUNTING SEASONS, RULES,

AND BOUNDARY DESCRIPTIONS:

Rolf Johnson presented the Department's final recommendation of adoption of a permanent amendment to WAC 232-28-271, Private Lands Wildlife Management Area Hunting Seasons, Rules and Boundary Descriptions. This amendment would modify the 1999 deer general season for Champion PLWMA and establish 1999 deer permit, access quotas and raffle seasons. This amendment would also establish 1999 elk raffle seasons.

One individual provided oral testimony on the rule proposal during the meeting.

Commissioner White moved, seconded by Commissioner McGlenn, to adopt the permanent amendment to WAC 232-28-271, Private Lands Wildlife Management Area Hunting Seasons, Rules and Boundary Descriptions, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

DIRECTOR'S REPORT:

Acting Director Peck reviewed significant Department issues and activities since the October 27, 1998 Commission meeting.

BUDGET UPDATE:

Acting Director Peck and Jim Lux provided a status report on the Department's current biennial budget.

ADOPTION OF MINERAL PROSPECTING RULE PROPOSALS:

Elyse Kane, Pat Chapman, and Peter Birch presented the Department's final recommendation of adoption of rule proposals for conducting small scale prospecting and mining activities and other mineral prospecting activities.

Eighteen individuals provided oral testimony on the rule proposals during the meeting.

Commissioner Cahill moved, seconded by Commissioner Lydig, to:

Commissioner McGlenn moved, seconded by Commissioner Tuck, to amend the motion to modify WAC 220-110-201 (5) to read: "A maximum of five individuals eight years of age and over may collect and process aggregate..." The motion to amend the motion carried unanimously.

Commissioner Tuck moved, seconded by Commissioner Lydig, to amend the motion to modify WAC 220-110-206 for Yakima County, Yakima River, as follows:

The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

OPEN PUBLIC INPUT:

One individual provided oral testimony on issues of concern.

Chair Pelly recessed the regular meeting at 8:35 p.m. The Commission met in Executive Session to discuss current and/or potential litigation.

Saturday, December 5:

Chair Pelly called the meeting back to order at 8:00 a.m.

OPEN PUBLIC INPUT:

Three individuals provided oral testimony on issues of concern.

REGIONAL FISHERIES ENHANCEMENT GROUPS:

Nina Carter and Kent Dimmitt presented an update on activities and accomplishments of the Regional Fisheries Enhancement Groups.

Robert Anderson, Chair of the Regional Fisheries Enhancement Program State Citizens Advisory Board, presented the Advisory Board's recommendations to improve and expand the program. Department staff will work with the Advisory Board and the appropriate Commission committee to address the Board's concerns and then provide another update to the full Commission in February or March 1999.

AMENDMENT TO SHELLFISH TRANSFER RESTRICTION--EUROPEAN GREEN CRAB:

Morris Barker presented the Department's recommendation of adoption of a permanent amendment to WAC 220-72-076, Unlawful Acts--Permit Required, to prohibit accidental transport and introduction of the European green crab from coastal waters to other marine waters.

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

Commissioner Roehl moved, seconded by Commissioner Cahill, to adopt the permanent amendment to WAC 220-72-076, Unlawful Acts--Permit Required. The motion carried unanimously.

ADOPTION OF OCEAN SPOT PRAWNS/OCEAN SHRIMP FISHERIES--EMERGING COMMERCIAL FISHERY IMPLEMENTATION:

Morris Barker explained that the Commission was originally scheduled to consider adoption of rule proposals for ocean spot prawns/ocean shrimp fisheries. However, the RCWs specifically require the Director to make the designated regulatory actions. Therefore, this will be the public hearing for these rule proposals for consideration of adoption by the Director.

Morris presented the Department's recommendation of Director adoption of the following rule proposals:

Morris presented for Commission consideration of adoption the management goals and objectives for the ocean spot shrimp fishery.

Four individuals provided oral testimony on the rule proposals and the management goals and objectives during the meeting.

Commissioner Roehl moved, seconded by Commissioner Cahill, to adopt the management goals and objectives for the ocean spot shrimp fishery. The motion carried unanimously.

Acting Director Peck stated that he will use today's meeting as the public hearing for the rule proposals and will continue rule adoption action until December 16, 1998. Between now and then, he will review the file on public input before consideration of adoption of the rule proposals.

ADOPTION OF COASTAL DUNGENESS CRAB--AREA/TIME RESTRICTIONS:

Morris Barker presented the Department's recommendation of adoption of a permanent amendment to WAC 220-52-046, Crab Fishery--Seasons and Areas. This amendment would restrict commercial effort to within four miles of the Washington coast from July 1 through September 15.

No oral testimony on the rule proposal was received during the meeting.

Commissioner Roehl moved, seconded by Commissioner Cahill, to adopt the permanent amendment to WAC 220-52-046, Crab Fishery--Seasons and Areas. The motion carried unanimously.

PATH SCIENCE AND THE SNAKE RIVER HYDRO-POWER DECISION--BRIEFING:

Guy Norman and Jim Nielsen introduced the Commission to the PATH Science process, how it relates to the 1999 decision on the Snake River Biological Opinion, and upcoming policy decision points for the Commission regarding PATH results and the 1999 decision on recovery of ESA-listed Snake River salmon stocks.

Commissioner Tuck moved, seconded by Commissioner McGlenn, to arrange a joint Washington/Oregon Commission meeting with the specific purpose of a briefing on the PATH process, with the goal being a joint motion between the two Commissions on the Columbia/Snake process, hopefully in January. The motion carried unanimously.

COLUMBIA RIVER FISH MANAGEMENT PLAN RENEWAL--BRIEFING:

Guy Norman presented an update on the Columbia River renegotiation process for the Columbia River Management Plan.

1999-2000 SPORTFISH RULE PROPOSALS:

Rich Lincoln and Pat Michael briefed the Commission and the public on the proposed rule changes for this "minor cycle" year of the sportfishery rule process, including a comprehensive set of rule proposals for sea-run cutthroat management, and a proposal to allow the filleting and consuming of game fish in the field.

This was for discussion and public input purposes only. The Department requested the Commission table consideration of adoption of the rule proposals until the February 5-6, 1999 Commission meeting.

Fifteen individuals provided oral testimony on the rule proposals during the meeting.

Commissioner White moved, seconded by Commissioner Lydig, to table consideration of adoption of the 1999-2000 sport regulation proposals until the February 5-6, 1999 Commission meeting. The motion carried unanimously.

AMENDMENTS TO RECREATIONAL LICENSE AND

LICENSE ISSUANCE RULES:

Betty Buckley presented the Department's final recommendation of adoption of recreational license and license issuance rule proposals.

No oral testimony on the rule proposals was received during the meeting.

Commissioners recommended the Department provide the public with advance notification of the new $2.50 transaction fee.

Commissioner Lydig moved, seconded by Commissioner Cahill, to:

The motion carried unanimously.

STATE/TRIBAL HUNTING STATUS REPORT:

Phil Anderson and Todd Wilbur (Northwest Indian Fisheries Commission) briefed the Commission and the public on the results of the state/tribal hunting meetings and the status of the joint framework plan.

OPEN PUBLIC INPUT:

One individual provided oral testimony on issues of concern.

Chair Pelly adjourned the meeting at 1:00 p.m.

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MEMOS AND AUTHORITIES FROM THE DECEMBER 4-5, 1998
FISH AND WILDLIFE COMMISSION MEETING, SEATTLE

Commissioners in Attendance: