FISH AND WILDLIFE COMMISSION MEETING
December 12-13, 2008
Natural Resources Building, Room 172
1111 Washington Street Southeast
Olympia, Washington

ATTENDANCE:
Commission	Public
Jerry Gutzwiler, Chair	Robin Downey, PCSGA
Miranda Wecker, Vice Chair	Peter Dykstra, Trust for Public Lands
Ken Chew	Jim Tuggle, Puget Sound Anglers
Gary Douvia	Mel King, Coastal Cons. Assn.
Conrad Mahnken	Ed Owens
George Orr	Francis Estalilla
Chuck Perry	Robert Kehoe, Puget Sound Purse Seine Vessel Owners Assn.
Shirley Solomon	Irene Martin, Salmon For All
	Kent Martin, Salmon For All
Commission Staff:	Bruce Polley
Susan Yeager	Jack Glass
Nancy Burkhart	Darren Crookshanks, Col. R. Fish. Protective Union
	Bryce Divine, Col. R. Fish. Protective Union
Department	Paul Sparks
Phil Anderson, Interim Director	Marianne Mitchell Steelhead Summitt Alliance
Joe Stohr, Deputy Director-Operations	James "Chris" Grieve, Wild Steelhead Coalition
Bruce Bjork	Hal Boynton, Puget Sound anglers
Dave Brittell	Dan Cothren
Craig Burley	David Goodroe
Dennis Beich	Andrew Marks, Coastal Conservation Assn.
Margaret Ainscough	Dave Hopkins
Bill Joplin	Don Overby
Greg Hueckel	Marty Whitman, Coastal Conservation Assn.
Doug Milward	Allen Thomas
Darren Friedel	J. Lowe
Dan Budd	Shawn Murray
Scott Fitkin	Clint Muns, Puget Sound Anglers, RFA
Craig Bartlett	Don Freeman, Coastal conservation Assn.
Jennifer Quan	Leslie Ryan-Connelly
Kirt Hughes	Carl Burke, FNW/NSIA
Pat Frazier	Harold Costa, WA Hunter Ed. Instructors Assn.
Guy Norman	Claude Buffaloe, Hunter Ed. Resources Org.
Andy Carlson	Chuck Dunnavent, WA Hunter Ed. Inst. Assn.
Steve Pozzanghera	Robert Fahnestock, WA Hunter Ed. Inst. Assn.
Heather Bartlett	Peter Grace
Jim Scott	Dennis Austin
Dora Austin (volunteer)	Curtis Michael, Coastal Conservation Assn.
Other Department staff	Marsha Schaefer, Coastal conservation Assn.
Joe Shorin, AGO	Don Freeman, coastal conservation Assn.
Bill Frymire, AGO	Ed Bowen
	Dan Grogan
	Carmen McDonald
	Hans M. Mak
	Bill Robinson
	Josh Giuntoli, Wa State Conservation Commission
	B.J. Thorniley, WA State Trappers Assn.
	Bill Clark, Trust for Public Lands
	Jerry Merrit, Coastal Conservation Assn.

FRIDAY, DECEMBER 12, 2008:

Chair Gutzwiler called the meeting to order at 8:33 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.

DIRECTOR'S REPORT:
Interim Director Anderson suggested consideration of changing the Director’s report format.

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:

HABITAT PROTECTION IN OKANOGAN COUNTY – BRIEFING:
Scott Fitkin, Dennis Beich, and Peter Dykstra (Trust for Public Lands) briefed the Commission on the status of the Department’s wildlife habitat protection efforts in the Okanogan watershed.

At the request of the Commission, the Department also briefed the Commission on plans for future land acquisitions in Okanogan County.

PROPOSED LAND TRANSACTIONS – DECISION:
Dan Budd presented proposed land transactions for the Commission’s consideration and approval.

No one signed up to testify on the proposed transactions during this portion of the meeting.

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

WILDLIFE REHABILITATION PERMITS – RULE ACTION:
Andy Carlson presented proposed permanent amendments to WAC 232-12-275, Wildlife rehabilitation permits, which would update facility requirements for oiled-bird rehabilitation activities to current standards. The Commission held a public hearing on the rule amendments at its November 7-8, 2008, meeting in Olympia.

Commissioner Wecker moved, seconded by Commissioner Chew to adopt permanent amendments to WAC 232-12-275, Wildlife rehabilitation permits. The motion carried unanimously.

LOWER COLUMBIA STURGEON MANAGEMENT POLICY C-3001 - DECISION:
Guy Norman and Pat Frazier presented the proposed one-year Lower Columbia Sturgeon Management Policy C-3001 for 2009.

Commissioner Wecker moved, seconded by Commissioner Mahnken, to adopt the Lower Columbia Sturgeon Management Policy C-3001 for 2009 as presented. The motion carried unanimously.

WASHINGTON STATE QUALITY AWARD – BRIEFING:
Dave Geiger and Garret Ward briefed the Commission on a new law requiring state agencies to have an external performance assessment every three years (RCW 43.17.390).

ENFORCEMENT STAFFING STUDY SURVEY – BRIEFING:
Chief Bruce Bjork and Garret Ward briefed the Commission on a law enforcement staff and deployment study the Enforcement Program conducted by contract with the International Association of Chiefs of Police. The study was required as part of the 2008 Department Goals and Objectives agreement between the Director and the Commission, and fulfills Goal 4, Objective 1-C.

Chief Bruce Bjork presented Robert Fahnestock (Washington Hunter Education Instructors Association) with a certificate for more than 50 years as a hunter education instructor and volunteer.

SELECTIVE FISHERIES IMPLEMENTATION PLAN – BRIEFING:
Patrick Pattillo briefed the Commission on key elements of recommendations for implementing selective fisheries within the Pacific Fisheries Management Council season-setting process.

SUMMARY OF COMMISSION REQUESTS:
Commissioners reviewed the current list of Commission Requests to the Department.

Commissioner Solomon moved, seconded by Commissioner Perry, to request the Department invite those engaged with environmental education of children and adults – in various organizations and through various institutions and programs – to brief the Commission as a way of broadening the base of understanding of what other constituencies are doing. The motion carried unanimously.

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

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

Commissioners and Interim Director Phil Anderson discussed plans and expectations of the Interim Director and Commission.

Commissioner Wecker moved, seconded by Commissioner Solomon, to affirm Phil Anderson as Interim Director of the Department of Fish and Wildlife, and that the period of his appointment is to be no less than through June 30, 2009. The motion carried unanimously.

EXECUTIVE SESSION:

The Commission went into Executive Session pursuant to RCW 42.30.110 to discuss salary adjustments of a public employee or employees. The Executive Session was closed to the public and last 20 minutes. No action was taken during the Executive Session.

Following Executive Session, the Commission reconvened the meeting to vote on personnel actions:

Commissioner Wecker moved, seconded by Commissioner Mahnken, to allow Interim Director Anderson to execute an interagency agreement with the Washington State Recreation and Conservation Office that includes a $60,000 fund transfer, plus the amount equal to an annual leave buyout for former-Director Jeff Koenings through December 31, 2008. The motion carried unanimously.

Commissioner Solomon moved, seconded by Commissioner Mahnken, to recommend that the Governor set the annual salary for Interim Director Anderson at $141,000, and acknowledging Interim Director Anderson’s request for a salary of $130,000. The motion carried unanimously.

Chair Gutzwiler recessed the meeting at 5:55 p.m.

SATURDAY, DECEMBER 13:

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 concern during this portion of the meeting:

2009-2010 MAINSTEM COLUMBIA RIVER SUMMER CHINOOK ALLOCATION FOR NON-INDIAN FISHERIES BELOW PRIEST RAPIDS DAM (POLICY C-3618) -- BRIEFING:
Guy Norman briefed the Commission on proposed updates to the Mainstem Columbia River Summer Chinook Allocation for Non-Indian Fisheries Below Priest Rapids Dam (Policy C-3618), which expires December 31, 2008. Public testimony was accepted after the overview of the spring chinook policy. After receiving public testimony, the Commission considered action on the policy.

Commissioner Douvia moved, seconded by Commissioner Chew, to continue discussion and action on the Mainstem Columbia River Summer Chinook Allocation for Non-Indian Fisheries Below Priest Rapids Dam (Policy C-3618) to the Commission’s January 9-10, 2009, meeting in Olympia. The motion carried unanimously.

2009 MAINSTEM COLUMBIA RIVER SPRING CHINOOK MANAGEMENT AND ALLOCATION FOR NON-INDIAN FISHERIES (POLICY C-3617) – BRIEFING:
Guy Norman briefed the Commission on proposed updates to the Mainstem Columbia River Spring Chinook Management and Allocation for Non-Indian Fisheries (Policy C-3617), which expires December 31, 2008.

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

Commissioner Douvia moved, seconded by Commissioner Mahnken, to continue discussion and action on the Mainstem Columbia River Spring Chinook Management and Allocation for Non-Indian Fisheries (Policy C-3617) to the Commission’s January 9-10, 2009, meeting in Olympia. The motion carried unanimously.

During the Commission’s December 19, 2008, Conference Call, Department staff will provide additional information on proposed updates to the spring and summer chinook allocation policies.

OPEN PUBLIC INPUT:
No one signed up to testify during this portion of the meeting.

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 11:35 a.m.

MEMOS AND AUTHORITIES FROM THE DECEMBER 12-13, 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