April 3, 1999 Minutes | Washington Fish and Wildlife Commission

ATTENDANCE:
Commission	Public (Cont.)
Kelly White, Chairman	J.K. Johnson, WA State Muzzleloaders Assn.
Russ Cahill, Vice Chairman	Jerry Jackson
Don Heinicke	Bruce Kaiser
Lisa Pelly	Dean Cook, WA State Archery Assn.
Will Roehl	Don Forgey, NE WA Wildlife Management Group
Fred Shiosaki	Ric Villalobos, Citizen Task Force for the Disabled
Bob Tuck	James Layman, Inland Northwest Wildlife Council
Van Van Gytenbeek	Dan Pfeiffer, WA B.A.S.S. Federation
	Richard Ludwig
Commission Staff:	Arlan Swanson
Debbie Nelson	Paul Leeberg, WA State Bowhunters Assn.
	Bobbie Thorniley, WA State Trappers Assn.
Department	Kyle Winton, WA State Archery Assn.
Larry Peck, Deputy Director	Wanda Tarubow
Dave Gadwa	Fred Bozanich
Bill Frymire	George Potter, Inland Empire Fly Fishing Club
Dave Ware	Kenneth McKnight, Inland Empire Fly Fishing Club
Rolf Johnson	Al Cunningham, Inland Empire Fly Fishing Club
Steve Pozzanghera	Michael Runje, Inland Empire Fly Fishing Club
Sara LaBorde	Boyd Matson, Inland Empire Fly Fishing Club
Other Department Staff	Clyde Miller, NE WA Wildlife Management Group
	John Newbury, NE WA Wildlife Management Group
Public	Don Newman
Jethro Allen, NE WA Wildlife Management Group	Joe Cziglenyi
Brian Clintworth	John Magart, NE WA Wildlife Management Group
Elizabeth Van Gytenbeek	Dale Magart, NE WA Wildlife Management Group
Ivan Turner, NE WA Wildlife Management Group

Chairman White called the meeting to order at 8:35 a.m. and expressed appreciation to the Inland Northwest Wildlife Council for hosting the public reception held the previous evening.

Dave Gadwa presented the Department's final recommendation of adoption of rule proposals to consolidate the former Departments of Fisheries and Wildlife Volunteer Cooperative Program rules into a single set of rules and to establish deadlines for submission of applications for volunteer projects. He also presented the Department's recommendation of repeal of numerous existing rules.

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

Commissioner Cahill moved, seconded by Commissioner Shiosaki, to adopt the following rule proposals, as filed with the Code Reviser's Office and amended by staff:

- Permanent amendment to Chapter 220-130 WAC, Volunteer Cooperative Fisheries Enhancement Programs

- Permanent amendment to WAC 220-130-050, Acceptance or Rejection of Proposal

- Permanent amendment to WAC 220-130-070, Project Recovery of Reimbursable Expenses

- WAC 232-32-060, Procedures for Revocation of a Cooperative Wildlife Project

- WAC 232-32-070, Priority for Eggs, Seed, Juveniles, Broodstock, and Department Facilities.

Dave Ware and Rolf Johnson presented the Department's final recommendation of adoption of rule proposals to clarify boundary descriptions and establish special closures and firearm restriction areas for 1999-2000.

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt permanent amendments to the following rules, as filed with the Code Reviser's Office and amended by staff:

- WAC 232-28-02201, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region One

- WAC 232-28-02203, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Three

- WAC 232-28-02204, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Four

- WAC 232-28-02205, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Five

- WAC 232-28-02240, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Muzzleloader Area Descriptions

Dave Ware and Rolf Johnson presented the Department's final recommendation of adoption of a permanent amendment to WAC 232-28-273, 1998 Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas. This amendment would establish the 1999 permit seasons and quotas for these species.

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

Commissioner Pelly moved, seconded by Commissioner Roehl, to adopt the permanent amendment to WAC 232-28-273, 1998 Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

Dave Ware and Rolf Johnson presented the Department's recommendation of adoption of permanent amendments to the following rules:

- WAC 232-28-264, 1998-99 and 1999-2000 Official Hunting Hours and Small Game Seasons: This amendment would establish the 1999 youth hunts for pheasants and quail in eastern Washington and continue the September Canada goose season in Quilcene Bay on Hood Canal.

- WAC 232-16-810, Port Susan Bay Canada Goose Closure: This amendment would allow hunting of Canada geese in Port Susan Bay during September and October.

In August 1998 the Commission closed the 1998 September goose season in Quilcene Bay because of objections to hunting on the bay from several waterfront property owners. The Commission directed the Department to work with homeowners concerned about hunting too close to their residences to work out a permanent solution with Department and county officials.

Department staff worked with community members but fell short of a solution that was supported by the entire community. Department staff evaluated safety issues and found that there were not unique safety concerns to this hunt. The Department recommends that Quilcene Bay be open for hunting.

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

Commissioners agreed that this is not a safety issue but rather a conflict between hunters and other outdoor activities. This is a decision that should be made by local government and not by the Commission.

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt the permanent amendments to WAC 232-28-264, 1989-99 and 1999-2000 Official Hunting Hours and Small Game Seasons; and to WAC 232-16-810, Port Susan Bay Canada Goose Closure.

Sara LaBorde explained that even though the Commission has reopened Quilcene Bay to hunting, the Department and hunters still have the responsibility to work with landowners to work out a permanent solution.

Dave Ware and Rolf Johnson presented the Department's final recommendation of adoption of a permanent amendment to WAC 232-28-281, 1998-99 and 1999-2000 Elk General Seasons and 1998-99 Special Permits. This amendment would make minor adjustments to the 1999-2000 elk general seasons and establish elk permit seasons for 1999-2000.

Four individuals provided oral testimony on the proposed rule amendment during the meeting.

Commissioner Pelly moved, seconded by Commissioner Cahill, to adopt the permanent amendment to WAC 232-28-281, 1998-99 and 1999-2000 Elk General Seasons and 1998-99 Special Permits, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

AMENDMENT TO 1999 DEER GENERAL SEASONS, ESTABLISHMENT OF 1999 SPECIAL PERMITS, AND AMENDMENT TO 1999 PLWMA PERMIT SEASONS:

Dave Ware and Rolf Johnson presented the Department's final recommendation of adoption of permanent amendments to the following rules:

- WAC 232-28-280, 1998 and 1999 Deer General Seasons and 1998 Special Permits: This amendment would make minor adjustments to the 1999 deer general seasons and establish deer permit seasons for 1999.

- WAC 232-28-271, Private Lands Wildlife Management Area Hunting Seasons, Rules and Boundary Descriptions: This amendment would increase the mule deer access quota and establish wild population control deer hunts for the Wilson Creek PLWMA.

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

Commissioner Cahill moved, seconded by Commissioner Tuck, to adopt permanent amendments to the following rules, as filed with the Code Reviser's Office and amended by staff:

- WAC 232-28-280, 1998 and 1999 Deer General Seasons and 1998 Special Permits

- WAC 232-28-271, Private Lands Wildlife Management Area Hunting Seasons, Rules and Boundary Descriptions.

Chairman White moved, seconded by Commissioner Tuck, to amend the motion to modify WAC 232-28-280 to establish 700 permits (whitetail, antlerless) for the modern firearm deer permit hunt in GMU 121 (Huckleberry). The motion to amend the motion carried.

Steve Pozzanghera briefed the Commission, Deputy Director Peck, and the public on the Department/Tribal Hunting Management Guidelines.

Commissioner Pelly moved, seconded by Commissioner Cahill, to find the Department/ Tribal Hunting Management Guidelines to be consistent with the Commission's Tribal

Hunting Coordination Policy (dated April 3, 1998) and recommend that the Director adopt the guidelines and begin implementation. The motion carried unanimously.

Director Koenings will consider adopting and implementing the Guidelines by May 1, 1999.

Deputy Director Peck provided a brief status report on the Department's current biennial budget.

Commissioner Cahill suggested the Department closely monitor April license sales and report the results at the May Commission workshop.

The Commission and Director had not yet had the opportunity to meet to discuss the draft Performance Expectations of the Director for the period April 1999 through March 2000. Therefore, the Commission tabled its review and consideration of approval of the draft Performance Expectations until sometime the following week when the Director would be available to participate in the discussion.

Commissioners Pelly and Roehl reiterated their concern that the Commission should be adopting policy and not establishing permit quotas, unit-by-unit.

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to request that the Department move as expeditiously as is reasonable and practical toward the adoption of a system whereby the Commission will adopt policy and delegate the setting of hunting seasons and quotas to the Department.

Chairman White suggested this motion be tabled until the next Commission meeting since it was not identified as an agenda item for this meeting and there has been no opportunity for the public to comment. He felt it prudent that the Commission have a very clear understanding of the expectations of this motion and at what level it would remove the Commission from the traditional role as sounding board between the public and the Department on final hunting season recommendations.

Commissioner Cahill moved, seconded by Commissioner Shiosaki, to table consideration of adoption of the motion until the May 14-15, 1999 Commission workshop. The motion carried unanimously.

Commissioner Roehl explained that the Commission long ago established the Robert's Rules of Order as the parliamentary law and basic guide to be followed to ensure fair and orderly procedure in Commission meetings. Therefore, Commissioner Roehl requested Debbie Nelson provide all Commissioners with a copy of the Robert's Rules of Order.

MEMOS AND AUTHORITIES FROM THE APRIL 3, 1999
FISH AND WILDLIFE COMMISSION MEETING, SPOKANE

Adoption of Volunteer Cooperative Enhancement Program Rule Proposals - Repeal Duplicate Rules

- Motion by Cahill, second by Shiosaki, to adopt the following rule proposals, as filed with the Code Reviser's Office and amended by staff:

-- Permanent amendment to Chapter 220-130 WAC, Volunteer Cooperative Fisheries Enhancement Programs

-- Permanent amendment to WAC 220-130-070, Project Recovery of Reimbursable Expenses

-- WAC 232-32-070, Priority for Eggs, Seed, Juveniles, Broodstock, and Department Facilities.

- Motion by Roehl, second by Shiosaki, to adopt permanent amendments to the following rules, as filed with the Code Reviser's Office and amended by staff:

-- WAC 232-28-02201, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region One

-- WAC 232-28-02203, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Three

-- WAC 232-28-02204, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Four

Amendments to GMUs, Special Game Areas; 1999-2000 Special Closures and Firearm Restriction Areas

-- WAC 232-28-02205, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Region Five

-- WAC 232-28-02240, Game Management Units (GMUs)--Special Game Areas--Boundary Descriptions--Muzzleloader Area Descriptions

- Motion by Pelly, second by Roehl, to adopt the permanent amendment to WAC 232-28-273, 1998 Moose, Bighorn Sheep, and Mountain Goat Seasons and Permit Quotas, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

Establishment of 1999 E. WA Youth Hunts for Pheasants and Quail and Quilecene Bay Canada Goose Season; Port Susan Bay Goose Closure

- Motion by Cahill, second by Tuck, to adopt the permanent amendments to WAC 232-28-264, 1989-99 and 1999-2000 Official Hunting Hours and Small Game Seasons; and to WAC 232-16-810, Port Susan Bay Canada Goose Closure. The motion carried unanimously.

Amendment to 1999-2000 Elk General Seasons & Establishment of 1999-2000 Elk Permit Seasons

- Motion by Pelly, second by Cahill, to adopt the permanent amendment to WAC 232-28-281, 1998-99 and 1999-2000 Elk General Seasons and 1998-99 Special Permits, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

Amendment to 1999 Deer General Seasons, Establishment of 1999 Deer Permit Seasons; and Amendment to 1999 PLWMA Permit Seasons

- Motion by Cahill, second by Tuck, to adopt permanent amendments to the following rules, as filed with the Code Reviser's Office and amended by staff:

-- WAC 232-28-271, Private Lands Wildlife Management Area Hunting Seasons, Rules and Boundary Descriptions.

- Motion by White, second by Tuck, to amend the motion to modify WAC 232-28-280 to establish 700 permits (whitetail, antlerless)

for the modern firearm deer permit hunt in GMU 121 (Huckleberry). The motion to amend the motion carried.

- Motion by Pelly, second by Cahill, to find the Department/Tribal Hunting Management Guidelines to be consistent with the Commission's Tribal Hunting Coordination Policy (dated April 3, 1998) and recommend that the Director adopt the guidelines and begin implementation. The motion carried unanimously.

- Motion by Roehl, second by Shiosaki, to request that the Department move as expeditiously as is reasonable and practical toward the adoption of a system whereby the Commission will adopt policy and delegate the setting of hunting seasons and quotas to the Department.

Motion by Cahill, second by Shiosaki, to table consideration of adoption of the motion until the May 14-15, 1999 Commission workshop. The motion carried unanimously.