MEETING MINUTES
FISH AND WILDLIFE COMMISSION MEETING
December 3-4, 2004
Shilo Inn
707 Ocean Shores Boulevard NW
Ocean Shores, Washington

 

FRIDAY, DECEMBER 3:

Chair Roehl called the meeting to order at 9:05 a.m.

APPROVAL OF MINUTES:

The motion to approve the minutes carried unanimously

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.

BUDGET UPDATE:
Deputy Director Peck provided a status report on the Department's budget.

OPEN PUBLIC INPUT:
Two individuals provided oral testimony on issues of concern during this portion of the workshop.

GRANTS AND PASS-THROUGH FUNDING PROJECT -- BRIEFING:
At the request of the Commission, William Brooks presented selection criteria for cooperative agreements, such as the "Go Play Outside" program. He also reviewed efforts of a cross-program team formed to strengthen consistency, quality assurance, and accountability grants and pass-through funding programs.

PROPOSED LAND TRANSACTIONS:

The motion to approve the land transaction carried unanimously.

WILEY SLOUGH RESTORATION DESIGN -- BRIEFING:
Bob Everitt, Brian Williams, and Lora Leschner briefed the Commission on activities related to this estuary restoration project in the Skagit Wildlife Area.

CAPTIVE PROPAGATION OF RAPTORS -- RULE ACTION:
Rocky Beach and Eric Cummins presented proposed permanent amendments to WAC 232-12-129, Captive propagation of raptors -- sale, records, reports, and inspection, regarding the sale of progeny of wild-caught raptors.

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

Since the Department needed to gather more information from other states on their programs, Commissioner Schroeder moved, seconded by Commissioner Ledgerwood, to continue the public hearing and consideration to the Commission's January 14-15, 2005, workshop in Olympia. The motion carried unanimously.

GMU 368 BOUNDARY MODIFICATIONS -- RULE ACTION:
Richard Stone presented proposed permanent amendments to WAC 232-28-333, Game management units (GMUs) boundary descriptions -- Region three, to provide additional opportunity for deer and elk hunters, clarify the hunting area, and improve consistency.

No oral testimony on the proposed amendments was received during the meeting.

Commissioner Shiosaki moved, seconded by Commissioner Ozment, to adopt the permanent amendments to WAC 232-28-333, Game management units (GMUs) boundary descriptions -- Region three, as proposed. The motion to adopt the permanent amendments carried unanimously. (Commissioner Tuck recused himself from discussion and vote on the motion.)

FIREARM RESTRICTION AREA -- RULE ACTION:
Jerry Nelson presented proposed permanent amendments to WAC 232-28-248, Special closures and firearm restriction areas, which would designate a Firearm Restriction Area in the Icicle Loop area of Leavenworth in response to concerns about hunting with center fire rifles.

No oral testimony on the proposed amendments was received during the meeting.

Commissioner Pelly moved, seconded by Commissioner Schroeder, to adopt the permanent amendments to WAC 232-28-248, Special closures and firearm restriction areas, as proposed. The motion to adopt the permanent amendments carried unanimously.

PLWMA HUNTING SEASONS -- RULE ACTION:
Jerry Nelson presented proposed permanent amendments to WAC 232-28-271, Private lands wildlife management area hunting seasons, rules and boundary descriptions, which would establish 2005 hunting seasons and regulations for PLWMAs.

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

Commissioner Pelly moved, seconded by Commissioner Tuck, to adopt the permanent amendments 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 to adopt the permanent amendments carried unanimously.

SPECIAL HUNTING SEASON PERMITS -- RULE ACTION:
Jerry Nelson presented proposed permanent amendments to WAC 232-28-291, Special hunting season permits, which would clarify terminology and remove redundant language that appears in the deer and elk hunting season WACs.

No oral testimony on the proposed amendments was received during the meeting.

Commissioner Pelly moved, seconded by Commissioner Ozment, to adopt the permanent amendments to WAC 232-28-291, Special hunting season permits, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

CHRONIC WASTING DISEASE PROTECTION -- RULE ACTION:
Jerry Nelson presented proposed permanent amendments to WAC 232-12-021, Importation and retention of dead nonresident wildlife, to restrict importation of deer and elk harvested from states and Canadian provinces where chronic wasting disease is present in wild populations.

No oral testimony on the proposed amendments was received during the meeting.

Commissioner Schroeder moved, seconded by Commissioner Tuck, to adopt the permanent amendments to WAC 232-12-021, Importation and retention of dead nonresident wildlife, as proposed. The motion to adopt the permanent amendments carried unanimously.

SPRING BLACK BEAR DAMAGE SEASONS -- RULE ACTION:
Donny Martorello presented proposed permanent amendments to WAC 232-28-284, 2005 Spring black bear damage seasons and regulations, which would implement a pilot hunt aimed at reducing tree damage by bears on the Kapowsin Tree Farm and the Capitol Forest area.

Three individuals provided oral testimony on the proposed amendments during the meeting.

Commissioner Shiosaki moved, seconded by Commissioner Ozment, to adopt the permanent amendments to WAC 232-28-284, 2005 Spring black bear damage seasons and regulations, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously.

COMMISSION'S ADVISORY COMMITTEE FOR PERSONS WITH DISABILITIES -- REPORT TO THE LEGISLATURE:
Brenda Kane and Susan Yeager presented the contents of a report to the Legislature on the activities of the Commission's Advisory Committee for Persons with Disability, a pilot program that expires July 1, 2005 (RCW 77.04.150).

Commissioner Ledgerwood moved, seconded by Commissioner Pelly, to recommend the Legislature continue the Advisory Committee for Persons with Disability to July 1, 2008. The motion carried unanimously.

OPEN PUBLIC INPUT:
No oral testimony on issues of concern was received during this portion of the meeting.

Chair Roehl recessed the meeting at 5:20 p.m.

SATURDAY, DECEMBER 4:

Chair Roehl called the meeting back to order at 8:30 a.m.

OPEN PUBLIC INPUT:
No oral testimony on issues of concern was received during this portion of the meeting.

SHELLFISH DISEASE CONTROL PROTECTION RULES -- RULE ACTION:
Morris Barker and Dr. Leonard Eldridge, Washington Department of Agriculture, presented proposed permanent amendments to protect the wild and cultured oyster stocks as well as commercial domestic and export markets:

Also presented were proposed repeals to the following rules:

Commissioner Pelly moved, seconded by Commissioner Ozment, to adopt the permanent amendments to WAC 220-72-011, Oyster drill restricted shellfish areas -- Puget Sound; WAC 220-72-076, Unlawful acts -- Permit required; and WAC 220-72-089, Denman Island Disease prohibited area, as filed with the Code Reviser's Office and amended by staff. The motion to adopt the permanent amendments carried unanimously. (Commissioner Schroeder was absent during discussion and vote on the motion.)

Commissioner Pelly moved, seconded by Commissioner Tuck, to repeal WAC 220-72-002, Promulgation; WAC 220-72-070, Oyster drill unrestricted areas; WAC 220-72-073, Unlawful acts -- Shellfish transfer; WAC 220-72-079, Unlawful acts -- Compliance; WAC 220-72-085, Imports -- Written permission; WAC 220-72-087, European green crab unrestricted area; WAC 220-72-092, Denman Island Disease surveillance area; and WAC 220-72-092, Denman Island Disease unrestricted area. The motion to repeal the rule proposals carried unanimously. (Commissioner Schroeder was absent during discussion and vote on the motion.)

PROHIBITING THE COMMERCIAL SALE OF KRILL
Morris Barker presented WAC 220-20-013, Unlawful possession and sale of unclassified marine invertebrates, that would prohibit the sale and trafficking of krill, a class of organisms that is a basic prey item for baleen whales and many exploited fish populations.

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

Commissioner Shiosaki moved, seconded by Commissioner Hunter, to adopt WAC 220-20-013, Unlawful possession and sale of unclassified marine invertebrates, as proposed. The motion to adopt the rule proposal carried unanimously. (Commissioner Schroeder was absent during discussion and vote on the motion.)

LANDING CANADIAN-CAUGHT SALMON INTO WASHINGTON -- BRIEFING:
Phil Anderson and Mike Cenci briefed the Commission on the conservation, policy, and enforcement issues associated with the landing of fish taken in Canada waters into Washington ports. The Commission may consider adopting permanent amendments to WAC 220-56-156, Landing Canadian origin food fish and shellfish, at its February 4-5, 2005, meeting in Olympia.

CANADIAN-ORIGIN SPORT FISH LANDINGS INTERIM RULE -- PUBLIC HEARING:
Phil Anderson presented proposed interim rule amendments to WAC 220-56-156, Landing Canadian origin food fish and shellfish, which would address a Whatcom County District Court finding. At its November 5-6, 2004, workshop, the Commission continued to this meeting the public hearing opportunity and consideration of action.

Three individuals provided oral testimony on the proposed amendments during the meeting.

Because of concerns that the new rule language did not address the issue brought on by the Whatcom County District Court's finding, Commissioner Ledgerwood moved, seconded by Commissioner Hunter, to continue the public hearing and consideration to the Commission's February 4-5, 2005, meeting in Olympia. The motion carried unanimously.

RAZOR CLAM POPULATION ASSESSMENT UPDATE -- BRIEFING:
Dan Ayres and Annette Hoffman briefed the Commission on population assessments of three razor clam reserves being conducted in conjunction with the Quinault Indian Nation.

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

Chair Roehl adjourned the meeting at 12:20 p.m.

MEMOS AND AUTHORITIES FROM THE DECEMBER 3-4, 2004
FISH AND WILDLIFE COMMISSION MEETING, LYNNWOOD

Commissioners in Attendance:
Will Roehl, Chair
Ron Ozment, Vice Chair
John A. Hunter
Holly Ledgerwood
Lisa Pelly
J. Pete Schroeder
Fred Shiosaki
Bob Tuck