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March 25, 2002 Agenda | Meeting Minutes

MEETING MINUTES

FISH AND WILDLIFE COMMISSION MEETING
March 25, 2002
Natural Resources Building
1111 Washington Street SE
Olympia, Washington

MONDAY, MARCH 25:

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

COMMISSIONERS' DISCUSSION:
Commissioners discussed recent activities and items of general interest and provided status reports on Commission committees.

A Commission subcommittee consisting of Commissioner Pelly, Commissioner Van Gytenbeek, and Madonna Luers will develop a public outreach process for the Commission for the coming year. A draft plan may be ready for Commission approval at the April Commission meeting.

David Stevens has invited the Commission to tour the Buckrun Limited PLWMA in late September-early October.

The Commission will begin interviewing applicants for the Commission Advisory Committee for the Disabled in April.

DIRECTOR'S REPORT:
Director Koenings reviewed significant Department issues and activities.

The Habitat Committee will draft a letter for Chair Cahill's and Director Koenings' signatures expressing Commission and Department concerns regarding Columbia River dredging. The Committee will continue to monitor the dredging project.

PROPOSED LAND TRANSACTIONS:
Dan Budd presented the Department's request for Commission approval of numerous proposed land transactions.

Commissioner Roehl moved, seconded by Commissioner Van Gytenbeek, to authorize the Director to acquire fencing easements as needed to implement the 2002 economic stimulus package. The motion carried unanimously.

Commissioner White moved, seconded by Commissioner Roehl, to approve the following:

The motion to approve the proposed land transactions carried unanimously.

Commissioners requested future land transaction proposals identify operation and maintenance costs required to adequately maintain the property and the amount the Department will allocate for operation and maintenance.

SPECIAL TRAPPING PERMITS--USE OF BODY-GRIPPING TRAPS -- BRIEFING:
Steve Dauma briefed the Commission on number of permits, types of animal problems, human health and safety, and nuisance wildlife control.

BIG GAME DAMAGE ACTIVITIES AND CLAIMS -- BRIEFING:
Steve Dauma briefed the Commission on damage permits, distribution, and success; damage claims and trends; evolving rangeland damage issues; and success of landowner damage-access permits.

THE ENTANGLED BANK: THOUGHTS ON CLIMATE CHANGE IN SUSTAINING SALMON IN THE NORTHWEST:
Professor Robert C. Francis (University of Washington, School of Aquatic and Fishery Sciences) and Dr. Nate J. Mantua (University of Washington, Center for the Study of the Earth System) discussed climate change in sustaining salmon in the Northwest.

GRAZING ON DEPARTMENT-OWNED LANDS:
Mark Quinn provided a status report on the Department's review of livestock grazing on Department lands, and presented the Department's request for approval of a proposed grazing lease on the Texas Creek Wildlife Area in Okanogan County.

Commissioner Van Gytenbeek moved, seconded by Commissioner White, to approve the one-year grazing permit for Texas Creek Wildlife Area as proposed. The motion to approve the one-year grazing permit carried.

A Commission Grazing Lease Subcommittee consisting of Commissioners Bob Tuck, Kelly White, Ron Ozment and Lisa Pelly, and Mark Quinn was established.

Because a Department of Natural Resources' grazing lease on the North Fork Teanum Creek is on bull trout spawning areas, Commissioner Tuck requested the Director meet with the Department of Natural Resources Commissioner to explain that the redds of the ESA-listed bull trout are being damaged.

Commissioner Pelly moved, seconded by Commissioner Van Gytenbeek, to request the Department provide at the April 4 conference call an update on the current status of the Wenas Creek grazing lease, including any temporary or crossing lease. The motion to request Department action carried unanimously.

DEPARTMENT OF NATURAL RESOURCES' LEASES -- BRIEFING:
Mark Quinn briefed the Commission on the history, status of payments, and location of lands leased by the Department from the Department of Natural Resources.

AMENDMENTS TO PUGET SOUND COMMERCIAL MARINE FISH RULES:
Morris Barker and Greg Bargmann presented proposed permanent amendments to Puget Sound commercial marine fish rules.

Public input on the rule proposals was accepted at the February 8-9, 2002 Commission meeting; no additional public input was accepted at this meeting.

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

The motion to adopt the permanent amendments to the rules carried.

At the Department's request, no action was taken on WAC 220-48-029, Set Net -- Dogfish -- Seasons.

ADOPTION OF CONSERVATION AREAS AND MARINE PRESERVES RULES:
Mary Lou Mills presented numerous conservation areas and marine preserves rule proposals.

Public input on the rule proposals was accepted at the February 8-9, 2002 Commission meeting; no additional public input was accepted at this meeting.

Commissioner Roehl expressed the need to develop a better public involvement process for the development of new conservation areas and marine preserves.

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

The motion to adopt the rule proposals and to repeal the rule carried unanimously.

At the Department's request, no action was taken on WAC 220-16-770, Scatchet Head Marine Preserve and WAC 220-16-800, Rosario Beach Conservation Area.

ALLOCATION OF STATE SHARE OF REGION 4 DUNGENESS CRAB FISHERY -- BRIEFING:
Lisa Veneroso briefed the Commission on the status of the proposed Region 4 crab abundance study to evaluate the feasibility of a commercial crab fishery. Given the lack of Department resources, commitments to other projects, and the inability to obtain tribal agreement to a delayed opening of their crab fishery in Central Puget Sound, staff recommended an alternative approach to address the Commission policy to determine the feasibility of a limited commercial crab opportunity in Region 4. The Department's recommended alternative is to conduct a limited experimental fishery during the 2002-03 season in Crustacean Region 4, following the peak recreational fishery. The fishery would take place as early as November 2002, and would be designed to assess whether sufficient surplus crab are available for a limited commercial fishery following the peak recreational fishery.

Commissioners agreed that the Department should move forward with the recommended alternative.

2002 SARDINE FISHERY -- BRIEFING:
Phil Anderson and Michele Robinson briefed the Commission on the status of the proposed limited-entry program for the Washington sardine fishery, and presented draft permit conditions for the 2002 sardine fishery.

BUDGET UPDATE:
Jim Lux provided a status report on the Department's current biennial budget.

Commissioners requested a comparison of coastal and northern Rocky states' fishing and hunting license fees be included in the license fee analysis process. Establishment of a smelt license should be included.

Commissioner Roehl, chair of the Executive Committee, will work with the Department to develop a revised time line for completion of the license fee analysis process that includes public involvement.

LOWER COLUMBIA RIVER SPRING CHINOOK FISHERY -- UPDATE:
Murray Schlenker and Bill Tweit provided an update on the Lower Columbia River spring chinook fishery.

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

MISCELLANEOUS AND MEETING DEBRIEF:
Commissioner White moved, seconded by Commissioner Ozment, to request an AG opinion on Commission authority to create an "honest mistake" rule to establish a civil penalty for those hunters who honestly made a mistake and turn themselves in. The motion to request Department action carried unanimously. (Commissioners Shiosaki and Van Gytenbeek were absent during discussion and vote on the motion.)

Commissioner Pelly moved, seconded by Commissioner Tuck, to adopt the resolution endorsing and supporting the RFEGs and encourage Congress, State Legislature, federal agencies, Salmon Recovery Funding Board, National Fish and Wildlife Foundation, and agencies of Washington state to work together collaboratively to restore and secure sufficient resources to support the infrastructure funding needs of the RFEGs. The motion to adopt the resolution carried unanimously. (Commissioners Shiosaki and Van Gytenbeek were absent during discussion and vote on the motion.)

Chair Cahill adjourned the meeting at 4:50 p.m.

MEMOS AND AUTHORITIES FROM THE MARCH 25, 2002
FISH AND WILDLIFE COMMISSION MEETING, OLYMPIA

* Commissioners Shiosaki and Van Gytenbeek were absent during discussion and vote on the motion.

Commissioners in Attendance:
Russ Cahill, Chair
Will Roehl, Vice Chair
Ron Ozment
Lisa Pelly
Fred Shiosaki
Bob Tuck
Van Van Gytenbeek
Kelly White