MEETING MINUTES

FISH AND WILDLIFE COMMISSION MEETING
August 17, 2001
Cle Elum-Roslyn Elementary School
2696 SR 903
Cle Elum, Washington

(Continuation of August 3-4, 2001 Commission Meeting -- Public Safety Cougar Removals)

Chair Cahill called the meeting to order at 1:32 p.m.

ADOPTION OF PUBLIC SAFETY COUGAR REMOVALS WITH THE AID OF DOGS:

[During the August 3-4, 2001 Commission meeting in Twisp, the Commission accepted public input on rule proposals for public safety cougar removals with the aid of dogs. The Commission rejected the Department's proposals as too conservative and directed staff to come back with a more aggressive plan to address the problems with cougars. As a result, the Commission voted at that meeting to continue discussion and consideration of adoption of WACs 232-12-243 and 232-28-272 to a meeting on August 17 in Cle Elum.]

Steve Pozzanghera, John Broome, Donny Martorello, and Bruce Bjork presented the following rule proposals:

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

Commissioner Roehl moved, seconded by Commissioner Shiosaki, to adopt the following rule proposals:

To keep dogs active and trained and to, hopefully, decrease human and livestock interactions with cougar, Commissioner Roehl moved, seconded by Commissioner Shiosaki, to amend the motion to add the following language to WAC 232-12-243: "(7) Public safety cougar pursuit season. (a) If the cougar removal quota has been reached in a game management unit prior to March 15, any dog hunter may pursue cougar(s) with dogs in that unit. Cougars pursued may not be killed or injured. All public safety cougar pursuit seasons close on March 15. To participate in a public safety cougar pursuit season, dog hunters must request written authorization and a pursuit report from the department's enforcement office in Olympia. All dog hunters who pursue cougar(s) must fill out and return a pursuit report to the department's enforcement office in Olympia by April 1." Commissioner Roehl withdrew his motion to amend the motion, and Commissioner Shiosaki withdrew his second, because the proposed amendment would not limit the pursuit season to permit holders as he had intended.

At the request of Chair Cahill, Assistant Attorney General Amy MacKenzie explained the Administrative Procedures Act and cautioned the Commission about adopting rule language to establish a public safety cougar pursuit season that could be legally challenged as being substantially different from the rule proposed in the public notice of proposed rule adoption.

To limit the pursuit season to permit holders, Commissioner Roehl moved, seconded by Commissioner Shiosaki, to amend the motion to add the following language to WAC 232-12-243: "(7) Public safety cougar pursuit season. (a) If the cougar removal quota has been reached in a game management unit prior to March 15, permit holders may pursue cougar(s) with dogs in the unit they were drawn. Cougars pursued may not be killed or injured. All pursuit seasons close on March 15." In light of the fact that there is sufficient time to initiate rule-making proceedings to establish a public safety cougar pursuit season that would be

effective early in the public safety cougar removal period, Commissioner Roehl withdrew his motion to amend the motion, and Commissioner Shiosaki withdrew his second.

Commissioner Tuck moved, seconded by Commissioner Van Gytenbeek, to amend the motion to modify Section (4)(b) in WAC 232-12-243 to read as follows: "To be eligible for a public safety cougar removal permit (permit), the participant must be a dog hunter. The permit holder must use dogs while participating in a public safety cougar removal." The motion to amend the motion carried.

The motion to adopt the rule and the permanent amendment to the rule, as amended, carried.

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to request that the Department immediately commence the rule-making process so as to allow the Commission to consider at the December 7-8, 2001 Commission meeting the implementation of a public safety cougar pursuit season. The motion to request Department action carried unanimously.

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to request that the Department establish regional task groups selected by regional directors to review public safety cougar management options and rules. The task groups' goal is to review and recommend options on public safety cougar management to the Commission. The Department is to report back to the Commission prior to next year's rule-making process. The motion to request Department action carried unanimously.

Commissioner Van Gytenbeek moved, seconded by Commissioner Reynolds, to request that the Department work with existing hound hunter organizations to develop a definition of a "hound hunter" for public safety cougar removals. The motion to request Department action carried unanimously.

Commissioner Tuck moved, seconded by Commissioner Van Gytenbeek, to request that the Department put together a symposium on the state of the science with respect to cougar and cougar management.

Commissioner Roehl moved, seconded by Commissioner White, to amend the motion to request that the Commission Wildlife Committee determine the best method to compile science with respect to cougar and cougar management. The motion to amend the motion carried.

The motion to request Department action, as amended, carried unanimously.

Chair Cahill adjourned the meeting at 6:15 p.m.

MEMOS AND AUTHORITIES FROM THE AUGUST 16, 2001
FISH AND WILDLIFE COMMISSION MEETING, CLE ELUM

Commissioners in Attendance: