FISH AND WILDLIFE COMMISSION MEETING
October 3-4, 2008
Natural Resources Building, Room 172
1111 Washington Street Southeast
Olympia, Washington
and
Quality Inn*
1700 Canyon Road
Ellensburg, Washington

ATTENDANCE:
Commission	Public (Olympia)
Jerry Gutzwiler, Chair	Jeanne Halverson, Sedro Woolley
Miranda Wecker, Vice Chair	Robert Cunningham
Ken Chew	William Thomas
Gary Douvia	Greg Christensen
Conrad Mahnken	Candace J. Christensen
George Orr	Martha Jordan, The Trumpeter Swan Society
Chuck Perry	Wauyne Plemmons
Shirley Solomon	Richard Holcomb, Bedrock Prospectors
	Rob Kavanaugh
	Dirk Sundbaum, Bedrock Prospectors
Commission Staff:	Robert P. Carstensen
Susan Yeager	Robert N. Crittenden
Nancy Burkhart	Lew Legat
Dora Austin (Ellensburg)	J.K. Johnson
	Bob Winslow, Dept. of Natural Resources
Department	James H. Franklin
Jeff Koenings, Director	Jerry Cain
Phil Anderson, Deputy Director - Resource Policy	Bruce Beatty
Joe Stohr, Deputy Director - Operations	Betty Beatty
Bill Frymire, AGo	Barbara Kovacs
Bruce Bjork	Bela Kovacs
Dave Brittell	Virgil Seymour, Colville Tribe
Jo Wadsworth	Gene Joseph, Colville Tribe
Mike Cenci	Miguel Peren-Gibson, Colville Tribe
Steve Pozzanghera	Terry Moyer
Darren Friedel	Dan Guy, NOAA
Margaret Ainscough	John Bishop
Perry Harvester	Karen Edwards
Lisa Wood	Harry C. Wilson
Pat Chapman	Mark Erickson, Resources Coalition
Pat Michael	Ron Wilson, Resources Coalition
Craig Burley	Richard Dusatko
Sandra Jonker	Dirk Jensen, Bedrock Prospectors
Heather Bartlett	Sherry McNamara, Senate Committee Services
Bill Frymire, AGO	Pam Pritzl, Skagit Audubon Society
Don Kraege	Dr. Jack Havens
Dan Budd	Marshall Tarrents, NWMPC
Bob Sizemore	Scott Atkinson, NWMPC
Jennifer Quqan	Jackie Boss, Skagit Audubon Society
Other Department StaFF	Bobbie Thorniley, WA State Trappers/WA for Wildlife Conservation
	Doug Hatfield
	Paul Sparks, WA Council of Trout Unlimited
	James Curtiss
	James Buchal, Resources Coalition
	Leonard Halverson, Sedro Woolley
	Dorothy Wildon
	Susan Wilson
	Walt Christensen, WA State Muzzleloader Assn.
	Public (Ellensburg)
	Angel Lund
	Mark Lund
	Vern Hurst
	Erik Gray
	Steve Berggren

FRIDAY, OCTOBER 3:

Chair Gutzwiler called the meeting to order at 8:37 a.m.

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

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

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

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

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

2009 COMMISSION MEETING CALENDAR – DECISION:
Commissioners, after discussion, continued adoption of the 2009 Commission meeting calendar to the November 7-8, 2008, meeting in Olympia. The Commission held a public hearing on this topic during its September 5-6, 2008, meeting in Olympia.

PROPOSED LAND TRANSACTIONS - DECISION:
Dan Budd presented one proposed land transaction.

No individuals provided oral testimony on the proposed transaction during this portion of the meeting.

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

REQUIREMENT TO PROVIDE SALES DOCUMENTS – RULE ACTION:
Mike Cenci presented proposed permanent amendments to WAC 220-20-019, Requirement to provide sales documents, which would clarify record-keeping requirements for original receivers of fish and shellfish. The Commission held a public hearing on the proposed amendments at its September 5-6, 2008, meeting in Olympia.

Commissioner Orr moved, seconded by Commissioner Solomon, to adopt the permanent amendments to WAC 220-20-019, Requirement to provide sales documents, as proposed. The motion carried unanimously.
(Commissioner Douvia was absent during discussion and vote on the motion.)

COMMERCIAL FISH TRANSPORT TICKETS – RULE ACTION:
Mike Cenci presented proposed permanent amendments to WAC 220-69-300, Commercial food fish and shellfish transportation ticket, which would provide clarity and enforceability for transport-ticket requirements. The Commission held a public hearing on the proposed amendments at its September 5-6, 2008, meeting in Olympia.

Commissioner Wecker moved, seconded by Commissioner Solomon, to adopt the permanent amendments to WAC 220-69-300, Commercial food fish and shellfish transportation ticket, as filed with the Code Reviser’s Office and amended by staff. The motion carried unanimously.
(Commissioner Douvia was absent during discussion and vote on the motion.)

SHELLFISH RECEIVING TICKETS – RULE ACTION:
Bob Sizemore presented proposed permanent amendments to WAC 220-69-26401, Distribution of copies of shellfish receiving ticket, which would simplify rule language in line with the Governor’s “Plain Talk” mandate. The Commission held a public hearing on the proposed amendments at its September 5-6, 2008, meeting in Olympia.

Commissioner Wecker moved, seconded by Commissioner Orr, to adopt the permanent amendments to WAC 220-69-26401, Distribution of copies of shellfish receiving ticket, as proposed. The motion carried unanimously.
(Commissioner Douvia was absent during discussion and vote on the motion.)

WDFW/WDNR LAND EXCHANGE STATUS UPDATE – BRIEFING:
Jennifer Quan and Julie Sandberg (Washington Department of Natural Resources) briefed the Commission on the status of the Washington Department of Fish and Wildlife/Washington Department of Natural Resources land exchange. The Commission will consider approval of the agreement in January 2009.

MINERAL PROSPECTING RULES – RULE BRIEFING AND PUBLIC HEARING:
Greg Hueckel and Perry Harvester briefed the Commission on proposed amendments to WAC rules for small-scale mineral prospecting (aka “Gold and Fish Pamphlet”) to protect fish life and habitat from prospecting impacts.

The Commission will consider final adoption of the rule amendments at its November 7-8, 2008, meeting in Olympia.

The following individuals provided oral testimony on the proposed amendments during this portion of the meeting:

The following individuals provided oral testimony on the proposed amendments via speakerphone from the Quality Inn in Ellensburg during this portion of the meeting:

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

Chair Gutzwiler recessed the meeting at 6:36 p.m.

SATURDAY, OCTOBER 4:

Chair Gutzwiler called the meeting back to order at 8:37 a.m.

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

2009-2010 SPORTFISH RULE PROPOSALS – BRIEFING:
Craig Burley, Heather Bartlett, and Pat Michael briefed the Commission on sportfish rule proposals for the 2009-2010 season. The public hearing will take place during the November 7-8, 2008, Commission meeting in Olympia. The Commission will consider adoption of the 2009-2010 sportfish regulation proposals at its February 2009 meeting.

SURVEY QUESTION DEVELOPMENT UPDATE – BRIEFING:
Steve Pozzanghera and Sandra Jonker briefed the Commission on the status of the “People in Places” human dimensions survey and requested feedback from the Commission on the draft survey.

WASHINGTON WILDLIFE RESERVES – BRIEFING:
At the request of the Commission, Steve Pozzanghera briefed the Commission on the history and purpose of the wildlife reserves, and provided information on the Commission’s authority to establish wildlife reserves in Washington state.

JOHNSON/DEBAY’S SLOUGH SWAN RESERVE BOUNDARY ADJUSTMENT STATUS UPDATE – BRIEFING:
At the request of the Commission, and as a follow-up to the Commission’s approval of a Johnson/Debay’s Slough boundary adjustment during its August 8-9, 2008, meeting in Lynnwood, Steve Pozzanghera briefed the Commission on the status of discussions with landowners about changes in the reserve boundary.

COMMISSION COMMITTEE REPORTS:
Commissioners discussed activities of the various Commission committees.

SUMMARY OF COMMISSION REQUESTS:
Commissioners reviewed the Summary of Commission Requests and considered new requests to the Department.

Commissioner Solomon moved, seconded by Commissioner Orr, to request the Department provide a presentation with discussion at the November 7-8, 2008, Commission meeting in Olympia on the Department’s involvement in the tourism expansion as identified in Governor Gregoire’s July 11, 2008, letter to the Commission. The update is to include both non-consumptive and consumptive opportunities. The motion carried unanimously.

Commissioner Solomon moved, seconded by Commissioner Perry, to request the Department provide a presentation with discussion at the January 2009 Commission meeting on follow-up information to the Wishkah timber salvage sale operation. The briefing is to include current condition of the property and timber, as well as an overview of the Department’s forestry program. The motion carried unanimously.

Commissioner Gutzwiler moved, seconded by Commissioner Mahnken, to request the Department work with the Commission on the Department’s strategic response to budget adjustments, budget review needs vs. potential budget cuts, and development of an agreed-upon contingency plan for budget shortfalls. The motion carried unanimously.

Commissioner Gutzwiler moved, seconded by Commissioner Douvia, to request the Department develop an overview and provide a report to the Commission, Okanogan County Commissioners, and the public on development of a comprehensive overview of the Department’s plan for land acquisitions in Okanogan County. Timeline: (1) present the plan to the Commission at its December 12-13, 2008, Commission meeting in Olympia; and then (2) make a decision on how to best communicate this to the Okanogan County Commissioners. The motion carried unanimously.

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

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

Chair Gutzwiler adjourned the meeting at 1:45 p.m.

MEMOS AND AUTHORITIES FROM THE OCTOBER 3-4, 2008
FISH AND WILDLIFE COMMISSION MEETING, OLYMPIA

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