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Fish and Wildlife Commission

Meeting Minutes & Agendas

 << 2008 Meeting Minutes & Agendas Index
August 8-9, 2008 Agenda | Meeting Minutes

MEETING MINUTES

FISH AND WILDLIFE COMMISSION MEETING
August 8-9, 2008
Embassy Suites Hotel & Conference Center
20610 - 44th Avenue West
Lynnwood, Washington
ATTENDANCE:
Commission Department (continued)
Jerry Gutzwiler, Chair Don Kraege
Miranda Wecker, Vice Chair Don Larsen
Ken Chew Pat Frazier
Gary Douvia Doug Hatfield
Conrad Mahnken Annette Hoffmann
George Orr Aaron Bosworth
Chuck Perry Dan Budd
Shirley Solomon Penny Warren
Jennifer Hayes
Steve Penland
Commission Staff: Rich Childers
Susan Yeager Bridget Moran
Nancy Burkhart Other Department staff
Public
Department Leonard Halverson
Jeff Koenings, Director Glenn Jay Ward, Pilchuck Audubon
Phil Anderson, Deputy Director - Resource Policy Paul r. fischbach
Joe Stohr, Deputy Director - Operations Butch Wilson
Bill Frymire, AGo Bruce Beatty
Bruce Bjork Robert Cunningham
Dave Brittell William Thomas
Bob Everitt Steve link, Wa State bowhunters
Jo Wadsworth Jesse Scott, Evergreen Fly Fishing Club
Ron Warren Rick Stefanson
Kirt Hughes B.J. Thorniley, WA State Trappers; WA for Wildlife Conservation
Jim Scott John Evenson
Craig Burley Jim Davis, North Cascades Cons. Council
Darren Freidel Ken Masel, Trail Blazers
Ross Fuller Rebecca Wolfe, Sierra Club
Peggy Crain Gestin Sutle, F.I.S.H.
Heather Bartlett Milt Tanggard, Trail Blazers
Steve Pozzanghera Jim Tobler, Trail Blazers
Anita Davies Steve Wymore, Trail Blazers
Dave Ware Dan H. Stauffer, Ed's Surplus
Denise Hawkins Nina Carter, Audubon Society
Jeff Olsen Scott Atkinson, NWMPC: Gold and Fish Workgroup
Bill Phillips Robert Elskamp, NWMPC
Tom Davis Martha Jordan, The Trumpeter Swan Society
John Long
Donald Velasquez
Chad Jackson

FRIDAY, AUGUST 8:

Chair Gutzwiler called the meeting to order at 8:35 a.m.

APPROVAL OF MINUTES:
Commissioner Wecker moved, seconded by Commissioner Mahnken, to approve the minutes of the:

- May 2-3, 2008, Commission meeting;
- June 6-7, 2008, Commission meeting;
- June 20, 2008, Commission meeting via conference call; and
- June 27, 2008, Commission special meeting via conference call.
The motion carried unanimously

COMMISSIONERS' DISCUSSION:
Commissioners discussed recent activities and items of general interest, including:

Wolves
ATVs on public lands
Lead bullets
Master Hunter Program

DIRECTOR'S REPORT:
Director Koenings and Deputy Director Anderson reviewed significant Department issues and activities, including:

Governor's hiring freeze
Department's goals and objectives
Commercial chum salmon
Fisheries disaster declaration/relief
Pacific States Marine Fisheries Commission
At the request of the Commission, Director Koenings briefed the Commission on the status of the Hunter Heritage Initiative, which included expansion of hunting, fishing, wildlife watching, and conservation activities.

OPERATIONS UPDATE:
Deputy Director Stohr provided an update to the Commission on the Department's operations.

OPEN PUBLIC INPUT:
The following individuals provided oral testimony on issues of concern during this portion of the meeting:

Steve Link (Seattle) - Wolves
Jesse Scott (Edmonds) - Ebey Lake access
John Evenson - ESA goals; hatcheries
Ken Masel (Lake Stevens) - Tokul Creek Hatchery
Rebecca Wolfe (Edmonds) - Wolves
Jim Davis (Bellingham) - Wolves

PROPOSED LAND TRANSACTIONS - DECISION:
Dan Budd presented two proposed land transactions.

No one signed up to testify on the proposed transactions.

Commissioner Wecker moved, seconded by Commissioner Perry, to approve the following:

- Acquisition of the 1,479.81-acre Grandview Mountain Ranch in Okanogan County for $3,870,000; and
- Acquisition of the 838.2-acre McDaniel Revocable Living Trust property in Okanogan County for $650,000.
The motion carried unanimously.

CAPITAL PROGRAM ACTION PLAN - DECISION:
Bill Phillips briefed the Commission on updates to the Capital Program Action Plan (CPAP) for Commission approval of the report for submission to the Legislature by September 2008 as required.

No one signed up to testify on the proposed Capital Program Action Plan.

Commissioner Chew moved, seconded by Commissioner Mahnken, to approve the Capital Program Action Plan as presented by staff for submission to the Legislature in September 2008. The motion carried unanimously.

2009-2011 CAPITAL BUDGET REQUEST - DECISION:
Bill Phillips presented for approval the Department's proposed 2009-2011 Capital Budget Request package for submission to the Office of Financial Management.

No one signed up to testify on the proposed 2009-2011 Capital Budget Request.

Commissioner Solomon moved, seconded by Commissioner Mahnken, to approve the 2009-2011 Capital Budget Request as presented for submission to the Office of Financial Management on or before September 2, 2008. The motion carried unanimously.

2009-2011 OPERATING BUDGET REQUEST - DECISION:
Jeff Olsen presented for approval the Department's proposed 2009-2011 Operating Budget Request package for submission to the Office of Financial Management.

The following individual provided oral testimony on the proposed 2009-2011 Operating Budget Request during the meeting:

Gestin Suttle (Issaquah)
Commissioner Mahnken moved, seconded by Commissioner Perry, to approve the 2009-2011 Operating Budget Request as presented for submission to the Office of Financial Management on or before September 2, 2008. The motion carried unanimously.

AGENDA ITEM ADDED DURING MEETING-FORMATION OF COLUMBIA RIVER FISH WORKING GROUP - DECISION:
Deputy Director Anderson and Commissioners discussed the formation of the Columbia River Fish Working Group (committee). This committee will be responsible for providing recommendations to Washington and Oregon Fish and Wildlife Commissions on: (1) allocation for spring and summer chinook for commercial and recreational fisheries in Lower Columbia River; and (2) vision for future of fisheries within the Columbia River.

The Washington Commission will send a letter to Lower Columbia River fisheries stakeholders requesting nominations for participation on the committee as advisory members. The Commissions will each appoint three advisors to the committee.

Commission Wecker moved, seconded by Commissioner Douvia, to approve the Commission's letter as, discussed and amended, to stakeholders, including the process document. The motion carried unanimously.

PROPOSED 2009 DEPARTMENT REQUEST LEGISLATION - BRIEFING:
Tom Davis briefed the Commission on proposed Department request legislation being developed for the 2009 legislative session. The Commission will consider approval during its August 15, 2008, conference call meeting.

PUGET SOUND DUNGENESS CRAB CATCH RECORD CARD - RULE BRIEFING AND PUBLIC HEARING:
Rich Childers briefed the Commission on proposed permanent amendments to WAC 220-56-175, Catch record cards, which would implement legislation passed in 2008 granting authority to the Commission to implement a penalty of up to $10 for Puget Sound sport crab fishers who fail to comply with catch-reporting requirements. The Commission will consider approval during its September 5-6, 2008, meeting in Olympia.

The following individuals provided oral testimony on the Dungeness crab catch record card penalty during the meeting:

Rick Stefanson (Brier)
Dan H. Stauffer (Kenmore)

FIR ISLAND SNOW GOOSE MANAGEMENT PLAN - BRIEFING:
Bridget Moran briefed the Commission on the Fir island Snow Goose Management Plan. This Plan provides a set of recommendations to ensure continuation of the collaborative approach to snow goose management on Fir Island.

Commissioner Solomon moved, seconded by Commissioner Chew, to approve the Fir Island Snow Goose Management Plan. The motion carried unanimously.

SOUTH FORK SKYKOMISH RIVER SUMMER STEELHEAD - BRIEFING:
At the request of the Commission, Denise Hawkins and Chad Jackson briefed the Commission on results of the genetic study used to determine the source of unclipped, natural-origin summer steelhead returning to Sunset Falls on the South Fork Skykomish River.

DEPARTMENT'S ROLE IN LOCAL LAND-USE PLANNING - BRIEFING:
Jennifer Hayes briefed the Commission on the Department's role in local land-use planning, including upcoming technical assistant activities of the Habitat Program under the Growth Management Act and related laws.

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

Martha Jordan (Everett) - Swans and volunteer efforts

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

SATURDAY, AUGUST 9:

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

OPEN PUBLIC INPUT:
The following individuals provided oral testimony on issues of concerning during this portion of the meeting:

Martha Jordan (Everett) - Lead ammunition
Scott Atkinson (Vancouver) - Mineral prospecting; chum salmon spawning in Columbia River
Bob Elskamp (Vancouver) - Mineral prospecting; chum salmon spawning in Columbia River
Bruce Beatty (University Place) - Beach mining; mineral prospecting

COLUMBIA RIVER SELECT AREA FISHERIES EVALUATION (SAFE) PROJECT HISTORY AND WILLAPA BAY SAFE PROJECT - BRIEFING:
At the request of the Commission, Pat Frazier briefed the Commission on the history of the SAFE Project in the Columbia River region, including potential costs of expanding into the Willapa Bay region.

COUGAR MANAGEMENT - RULE ACTION:
Dave Ware briefed the Commission on proposed permanent amendments to cougar hunting regulations. The rule amendments would implement legislation that extends the pilot program for use of dogs to pursue and kill cougar in specific counties. The Commission held a public hearing on these proposed rules at its July 18, 2008, meeting in Olympia and Spokane via videoconference.

Commissioner Wecker moved, seconded by Commissioner Perry, to adopt the permanent rule amendments as filed with the Code Reviser's Office and amended by staff:

- WAC 232-28-285, 2008-2009 Pilot cougar hunting seasons with the aid of dogs;
- WAC 232-28-272, 2006-2007, 2007-2008, and 2008-2009 Black bear and cougar hunting seasons and regulations; and
- WAC 232-12-243, Public safety cougar removals.
The motion carried unanimously.

GAME MANAGEMENT PLAN - BRIEFING AND PUBLIC HEARING:
Dave Ware briefed the Commission on the proposed 2009-2015 Game Management Plan. The Commission will consider adoption of the Plan at its September 5-6, 2008, meeting in Olympia.

One individual provided oral testimony on the proposed Plan:

B.J. Thorniley (Republic)

SURVEY QUESTION DEVELOPMENT - BRIEFING:
At the request of the Commission, Steve Pozzanghera briefed the Commission on the history of survey development, including how the Colorado State University and 2008 wildlife surveys were developed to support sound and credible decisions and to meet the intent of the Department's Goals and Objectives.

MIGRATORY WATERFOWL SEASONS AND REGULATIONS - RULE BRIEFING, PUBLIC HEARING, AND RULE ACTION:
Don Kraege briefed the Commission on proposed WAC 232-28-432, 2008-09 Migratory waterfowl seasons and regulations, and the repeal of WAC 232-28-431, 2007-08 Migratory waterfowl seasons and regulations.

One individual provided oral testimony on the proposed amendments:

Michael Crowden (West Richland)
Commissioner Wecker moved, seconded by Commission Solomon, to adopt WAC 232-28-432, 2008-09 Migratory waterfowl seasons and regulations, and to repeal WAC 232-28-431, 2007-08 Migratory waterfowl seasons and regulations. The motion carried unanimously.
(Commissioner Orr was absent during discussion and vote on the motion.)

JOHNSON/DEBAY'S SLOUGH GAME RESERVE - RULE BRIEFING, PUBLIC HEARING, AND RULE ACTION:
Don Kraege briefed the Commission on proposed permanent amendments to WAC 232-16-800, Johnson/Debay's Slough Game Reserve, which would correct incomplete information in the boundary description of the reserve.

The following individuals provided oral testimony on the proposed amendments:

Michael Crowder (West Richland)
Leonard Halverson (Sedro Woolley)
Martha Jordan (Everett)
Glenn "Jay" Ward (Everett)
Paul Fischbach (North Bend)
Commissioner Wecker moved, seconded by Commissioner Mahnken, to adopt the permanent rule amendments to WAC 232-16-800, Johnson/Debay's Slough Game Reserve, as proposed. The motion carried unanimously.
(Commissioner Orr was absent during discussion and vote on the motion.)

FEDERAL FARM BILL OVERVIEW - BRIEFING:
At the request of the Commission, Don Larsen briefed the Commission on the content and status of the Federal Farm Bill, which was passed by Congress in June 2008.

OFFICE OF FARMLAND PRESERVATION - BRIEFING:
At the request of the Commission, Don Larsen briefed the Commission on the Office of Farmland Preservation, which was established by 2007 legislation and is based within the Washington State Conservation Commission.

COMMISSION MEETING COSTS - BRIEFING:
The Commission deferred this agenda item to its September 5-6, 2008, meeting in Olympia.

COMMISSION COMMITTEE REPORTS:
The Commission deferred this agenda item to its August 15, 2008, conference call meeting.

SUMMARY OF COMMISSION REQUESTS:
The Commission deferred discussion of the Summary to its September 5-6, 2008, meeting in Olympia.

Commissioner Solomon moved, seconded by Commissioner Chew, to request the Department conduct boundary negotiations/adjustments with respect to the Halverson property as it relates to the Johnson/Debay's Slough Reserve and follow an extensive public process and brief the Commission at its October 3-4, 2008, meeting in Ellensburg. The motion carried unanimously.
(Commissioners Mahnken and Orr were absent during discussion and vote on the motion.)

OPEN PUBLIC INPUT:
No one signed up to testify.

MISCELLANEOUS AND MEETING DEBRIEF:
Commissioners discussed items that arose immediately before or during the meeting and after the preliminary agenda was published.

Chair Gutzwiler adjourned the meeting at 4:10 p.m..

MEMOS AND AUTHORITIES FROM THE AUGUST 8-9, 2008
FISH AND WILDLIFE COMMISSION MEETING, LYNNWOOD

Approval of Commission Minutes

Wecker moved, seconded by Mahnken, to approve the minutes of the:

- May 2-3, 2008, Commission meeting;
- June 6-7, 2008, Commission meeting;
- June 20, 2008, Commission meeting via conference call; and
- June 27, 2008, Commission special meeting via conference call.
The motion carried unanimously
Approval of Land Transaction

- Motion by Wecker, second by Perry, to approve the following:

- Acquisition of the 1,479.81-acre Grandview Mountain Ranch in Okanogan County for $3,870,000; and
- Acquisition of the 838.2-acre McDaniel Revocable Living Trust property in Okanogan County for $650,000.
The motion carried unanimously.
Approval of the Capital Program Action Plan - Motion by Chew, second by Mahnken, to approve the Capital Program Action Plan as presented by staff for submission to the Legislature in September 2008. The motion carried unanimously.
Approval of the 2009-2011 Capital Budget Request Motion by Solomon, second by Mahnken, to approve the 2009- 2011 Capital Budget Request as presented for submission to the Office of Financial Management on or before September 2, 2008. The motion carried unanimously.
Formation of Columbia River Fish Working Group - Motion by Wecker, second by Douvia, to approve the Commission's letter as, discussed and amended, to stakeholders, including the process document. The motion carried unanimously.
Approval of Cougar Management Rules - Motion by Wecker, second by Perry, to adopt the permanent rule amendments as filed with the Code Reviser's Office and amended by staff:
- WAC 232-28-285, 2008-2009 Pilot cougar hunting seasons with the aid of dogs;
- WAC 232-28-272, 2006-2007, 2007-2008, and 2008-2009 Black bear and cougar hunting seasons and regulations; and
- WAC 232-12-243, Public safety cougar removals.
The motion carried unanimously.
Approval of Migratory Waterfowl Seasons and Regulations Rules - Motion by Wecker, second by Solomon, to adopt WAC 232-28- 432, 2008-09 Migratory waterfowl seasons and regulations, and to repeal WAC 232-28-431, 2007-08 Migratory waterfowl seasons and regulations. The motion carried unanimously. *
Approval of Johnson/Debay's Slough Game Reserve Rules - Motion by Wecker, second by Mahnken, to adopt the permanent rule amendments to WAC 232-16-800, Johnson/Debay's Slough Game Reserve, as proposed. The motion carried unanimously. *
Commission Request to the Department - Motion by Solomon, second by Chew, to request the Department conduct boundary negotiations/adjustments with respect to the Halverson property as it relates to the Johnson/Debay's Slough Reserve and follow an extensive public process and brief the Commission at its October 3-4, 2008, meeting in Ellensburg. The motion carried unanimously. **

* Commissioner Orr was absent during discussion and vote on the motion.
** Commissioners Mahnken and Orr were absent during discussion and vote on the motion.

Commissioners in Attendance:
Jerry Gutzwiler, Chair
Miranda Wecker, Vice Chair
Ken Chew
Gary Douvia
Conrad Mahnken
George Orr
Chuck Perry
Shirley Solomon

 


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