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Mailing Address
600 Capitol Way N.
Olympia, WA 98501-1091

Phone: 360-902-2267
Fax: 360-902-2448
commission@dfw.wa.gov

Miranda Wecker, Chair
Bradley Smith, Ph.D., Vice Chair

 

Meeting Minutes & Agendas

 << 2010 Meeting Minutes & Agendas Index
August 6-7, 2010 Agenda | Meeting Minutes | Audio Transcripts

MEETING MINUTES

FISH AND WILDLIFE COMMISSION MEETING
August 6-7, 2010

Natural Resources Building
1111 Washington Street SE
First Floor, Room 172
Olympia, Washington

ATTENDANCE:
Commission
Public (cont.)
Miranda Wecker, Chair
Dale Tyler, Camano Water System Assn.
Gary Douvia, Vice Chair
Lawrence Bucklin, PSA Gig Harbor
Ken Chew
Archie Jorgenson, PSCA
David Jennings
Archie Jorgenson Jr. PSCA
Conrad Mahnken
Mary Kinley, PSCA
George Orr
Carol Davis
Chuck Perry
Ken Van Cleave, PSA Gig Harbor
Rolland Schmitten
Van
Chau To
Commission Staff:
Lam
Susan Yeager, Executive Assistant
Gordon Ruh, PSA
Darlene Brtlett, Administrative Asst.
Andrew Marks, CCA
Ralph Ferguson, CWSA
Department
Kirsten Games
Phil Anderson, Director
Dean Games
Joe Stohr, Deputy Director
Gary Bodine
Dave Pulliam, Asst. Director Wildlife Program (WP)
Lewis Boyd, CCA
Dan Budd,Real Estate Manager, WP
Ryan McFarland, CCA/PSA
Eric Cummins, Section Manager, WP
Matt Anderson
Don Kraege, Section Manager, WP
Andy Fisk
Dave Ware, Game Division Manager, WP
Duane Nail
Lisa Wood, HPA Appeals Coordinator, Habitat Program (HP)
Steve Rothwell
Jim Scott, Asst. Director, Fish Program (FP)
John McKay & family
Rich Childers, P.S. Shellfish Manager, FP
Karen Thompson
Darrin Friedel, Public Affairs
Brian Mackey
Bill Frymire, AGO
Jerry Lowe
Pat Chapman, HP
Tim Ratfield
Steve Burton
Jen Ratfield
Sue Ratfield
Public
Clint Muns, PSA-RFA
Brian Perron
Steve Davis
James Neil
Ken Crews
Larry Ray, WA Falconers Assn. (WFA)
Craig Rothwell
Lydia Ash, WFA
Dmitry Kermian
Geoff Hirschi, WFA
Don Green
Barbara Nichols, Baby Island Community
Julie Rothwell
Ken Miller
Terra Mills
David Drewry
Vinton Waldron, PSGA

Brian Allison, Puget Sound Crab Assn (PSCA)

Charisse Waldron, PSGA
Jim Hollister
Sandi Corderi, PSGA
David Hollingsworth
Brian Johnson, PSA
Ben Welton
Abvil Carien
Linda Saunders
Jack Collins
BJ Thorniley, WA Trappers Assn
Don Overby
Ron Craig
Don Williams, PSA
Brian Johnson, Puget Sound Anglers (PSA)
John Constanti, PSA
Jim Hull
Eric Sandvig
Tim Donahue
Donna Sandvig
Todd Gerhardt
Erika Sandvig
Skie Bender
Kylie Sandvig
Brian Kellogg, WFA
Jason Freeman
Clifford Kellogg, WFA
Leroy Freeman
Linda Kellogg, WFA
Jake Wilson
Shirley Solomon
Patrice Wilson
Charles Hickey, CCA
Haley Wilson
Chris Stearns
Janie Wilson
David Reese, CCA/PSA
Josie Wilson
Mark Talbot, CCA/PSA
Lee Blankenship, CCA
Marsha Schaefer, CCA
Brian Melvin, PSCA
John Wicklund, CCA
Doug Binder, CCA
Frank Haw, CCA
Vana Silva, PSCA
David Kautzan, CCA
Wendy Schaeffer
Joe Toste
Ray Hanson
Phil Palmby
Wayne Palmer
Kelly Long Freeman
Cheryl Palmer
Chris Wilson Freeman
Darrell Palmer
Stephanie Wilson Freemen
Matt Palmer
Jordan Palmer

FRIDAY, AUGUST 6, 2010

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

1a. APPROVAL OF MEETING MINUTES

Commissioner Douvia moved, seconded by Commissioner Schmitten, to approve minutes of the following as presented:

  • November 6-7, 2009, meeting; and
  • January 15, 2010, meeting via conference call

The motion carried unanimously. (Commissioner Jennings abstained from voting, stating he wasn’t present for those meetings.)

1b. COMMISSIONERS’ DISCUSSION
Commissioners discussed recent activities and items of general interest.

1c. DIRECTOR’S REPORT  
Director Anderson review significant Department issues and activities, followed by Commissioners’ questions and discussion on various items, including:

  • Public involvement in decision making
  • Lead fishing tackle and loon productivity
  • Groundfish management in Marine Area 4
  • Cowlitz River fish management and production
  • White-tail deer management and recovery strategies
  • Puget Sound Dungeness crab management and policy review
  • Legislative Outreach and Communication
  • Communications tools and partnerships
  • Budget preparation and planning
  • Land acquisition and management
  • Law enforcement and public safety
  • Partnerships with state and federal agencies and local governments
  • NOAA law enforcement summit

1d. OPERATIONS AND BUDGET UPDATE
Deputy Director Stohr provided an update to the Commission on the Department’s budget and the state budget forecast process.

2. OPEN PUBLIC INPUT
The following individuals provided testimony on items of interest/concern during this portion of the meeting:

  • Jim Hollister (Rainier) – Pro Wildlife
  • Barbara Nichols (Langley) – Baby island community, hunting infringement
  • Geoff Hirschi (Snohomish) – Encouraging the adoption of the falconry policy
  • Ken Miller (Olympia) – Bear damage to small tree farm
  • Brian Allison (Oak Harbor) – Puget Sound Crab Issues
  • Jim Hull (Port Orchard) – Shrimp fishing update
  • Ron Craig (South Bend) – Salmon recovery in Willapa Bay, Pacific County
  • Skie Bender (Olympia) – Wolves, low breeding pairs and domestic conflicts
  • Larry Ray – (Spokane) – Recommend adoption of falconry policy
  • Lydia Ash (Kirkland) – Support adoption of falconry regulations
  • Brian Kellogg (Tacoma) – Support adoption of falconry regulations
  • Clifford Kellogg (North Bend) – Support of falconry regulations

3. FALCONRY REGULATIONS – RULE ACTION:
Eric Cummins suggested the adoption of permanent rule amendments to update, amend and align the state’s falconry regulations with new federal regulations, meet changing conservation needs, and correct and simplify wording. The Commission held a public hearing on the proposals at its June 4, 2010, meeting in Olympia.

NEW SECTIONS
      WAC 232-30-100, Falconry and captive propagation of raptors permitted;
      WAC 232-30-110, Revocation, modifications, or suspension of falconry permits;
      WAC 232-30-120, Falconry definitions;
      WAC 232-30-130, Permits to practice falconry,
     WAC 232-30-140, Reporting falconry activities;
      WAC 232-30-151, Apprentice falconer classes of permit and permitted raptors;
      WAC 232-30-152, General falconer classes of permit and permitted raptors;
      WAC 232-30-153, Master falconer classes of permit;
      WAC 232-30-160, Reinstatement of an expired falconry permit;
      WAC 232-30-171, New Washington residents from outside the United States;
      WAC 232-30-172, Nonresident falconers in Washington;
      WAC 232-30-173, Falconers moving to Washington;
      WAC 232-30-174, Falconers moving out of Washington;
      WAC 232-30-175, Transport of raptors out of state;
      WAC 232-30-210, Take from the wild;
      WAC 232-30-215, Capture of marked raptors;
      WAC 232-30-220, Designation as a wild raptor;
      WAC 232-30-222, Take of nestling at nest site;
      WAC 232-30-224, Raptors injured due to falconer trapping efforts;
      WAC 232-30-230, Acquisition, transfer, release, loss, or rebanding of a raptor;
      WAC 232-30-232, Acquiring a bird for falconry from a permitted rehabilitator;
      WAC 232-30-240, Flying a hybrid raptor in falconry;
      WAC 232-30-242, Releasing a falconry bird to the wild permanently;
      WAC 232-30-244, Transfer, selling, or trading raptors under a falconry permit;
      WAC 232-30-250, Provisions for accidental take by falconers;
      WAC 232-30-260, Closed areas for raptor trapping and practicing falconry;
      WAC 232-30-310, Banding or microchip tagging raptors used in falconry;
      WAC 232-30-410, Inspections;
      WAC 232-30-420, Facilities are required for possession of falconry or abatement raptors;
      WAC 232-30-430, Falconry facilities on property not owned by falconry permittee;
      WAC 232-30-440, Facilities and care requirements and guidelines;
      WAC 232-30-450, Required equipment;
      WAC 232-30-460, Facilities for a raptor when in transport, using it for hunting, or are away  from facilities, and temporary housing;
      WAC 232-30-470, Care of falconry raptors by another person;
      WAC 232-30-510, Captive propagation of raptors;
      WAC 232-30-520, Hacking of falconry raptors;
      WAC 232-30-530, Abatement activities with captive raptors;
      WAC 232-30-540, Use of falconry raptors in education programs;
      WAC 232-30-550, Other uses of falconry raptors;
      WAC 232-30-560, Falconers assisting in rehabilitation of raptors to prepare them for release;
      WAC 232-30-570, Feathers molted by falconry raptors;
      WAC 232-30-580, Disposition of carcasses of falconry birds that die; and
  REPEALER
      WAC 232-12-101, WAC 232-12-104, WAC 232-12-106, WAC 232-12-107, WAC 232-12-114, WAC 232-12-117,
       WAC 232-12-121, WAC 232-12-124, WAC 232-12-127 and WAC 232-12-129.

Commissioner Jennings moved, seconded by Commissioner Schmitten, to approve the permanent amendments to WAC 232-28-291 and WAC 220-55-115 as proposed. Motion carried unanimously.

4. BAYVIEW GAME RESERVE - RULE ACTION:
Don Kraege presented for approval of permanent rule amendments to WAC 232-16-690 Bayview game Reserve, to increase access to shore areas and enhance user opportunities.

Commissioner Douvia moved, seconded by Commissioner Schmitten, to approve the permanent amendments to WAS 232-16-690 as proposed. Motion carried unanimously.

5. NON-TOXIC REQUIREMENTS - RULE ACTION:
Don Kraege presented for approval the adoption of permanent amendments to WAC 232-12-068, Non-toxic shot requirements, which would add two areas to the list of Department-owned lands where only non-toxic shots is allowed in order to avoid potential lead shot poisoning of wildlife.
Commissioner Douvia moved, seconded by Commissioner Schmitten, to approve the permanent amendments to WAC 232-12-068 as proposed. Motion carried unanimously.

 6. MIGRATORY WATERFOWL SEASONS - RULE BRIEFING, PUBLIC HEARING & RULE ACTION:
Don Kraege presented to the Commission for approval the adoption of  permanent amendments to WAC 232-28-434, 2010-11 Migratory waterfowl seasons and regulations, and repeal of WAC-28-433, 2009-10 Migratory waterfowl seasons and regulations.  Several people provided oral testimony on the above rule proposals during this portion of the meeting:

  • Todd Gerhardt (Shelton)
  • Tim Donohue (Gig Harbor)
  • Ben Welton (La Conner)
  • David Drewry (Port Townsend)
  • David Hollingsworth (Port Angeles)
  • Brian Perron (Portland, OR)
  • Shirley Solomon (Mount Vernon)

Commissioner Jennings moved, seconded by Commissioner Chew, to approve the permanent amendments to WAC 232-28-434,  2010-11 Migratory waterfowl seasons and regulations with Department floor and repeal of WAC-28-433, 2009-10 Migratory waterfowl seasons and regulations as proposed. Motion carried. (Commissioner Douvia was absent during the discussion and vote on this item.)

7. BAITING OF GAME BIRDS - RULE BRIEFING, PUBLIC HEARING & RULE ACTION:
Don Kraege presented for approval the adoption of permanent on proposed amendments to WAC 232-12-264, Baiting of game birds – Unlawful, to bring state rules in line with Federal USFWS regulations prohibiting waterfowl baiting. The changes would also provide the Department with more effective tools for identifying violations. No public signed up to testify on this item during this portion of the meeting.

Commissioner Douvia moved, seconded by Commissioner Mahnken, to approve the permanent amendments to WAC 232-12-264, Baiting of game birds – Unlawful.
Motion failed for lack of quorum.

 
8. IMPORTATION OF DEAD NON-RESIDENT WILDLIFE – RULE BRIEFING, PUBLIC HEARING & RULE ACTION: 
Dave Ware presented for approval the adoption of permanent amendments to WAC 232-12-021, Importation and retention of dead nonresident wildlife, to establish restrictions on the importation of deer, elk, and moose from states known to harbor chronic wasting disease in wild populations and thus reduce the disease risk for native deer, elk, and moose populations in Washington. No public signed up to testify on this item during this portion of the meeting.

Commissioner Jennings moved, seconded by Commissioner Perry, to approve the permanent amendments to WAC 232-12-021, Importation and retention of dead nonresident wildlife, as proposed. Motion carried unanimously.

9. TRAPPER REPORTING – RULE BRIEFING, PUBLIC HEARING & RULE ACTION:
Dave Ware presented for approval the adoption of permanent amendments to WAC 232-12-134, Report required of licensed trappers, that would provide consistency with the report deadline for wildlife control operators authorized in another existing WAC rule. WAC 232-12-021, No public signed up to testify on this item during this portion of the meeting.

Commissioner Jennings moved, seconded by Commissioner Douvia, to approve the amendments to WAC 232-12-134, Report of licensed trappers as proposed. Motion carried unanimously.

10. 2011 COMMISSION MEETING CALENDAR - DISCUSSION:
The Commissioners discussed the proposed meeting dates for 2011. Suggested changes for dates, critical months for meetings as well as what meeting rooms are available were made. A tentative schedule was proposed with further discussion and a decision to take place at a later date. No public signed up to testify on this item during this portion of the meeting.

January 7-8
February 4-5
March 4-5
April 8-9
June 3-4
August 5-6
October 7-8
November 4-5
December 2-3

11.  SUMMARY OF COMMISSION REQUESTS:
The review of existing requests was discussed by the Commissioners and Director Anderson.

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

 Chair Wecker recessed the meeting at 5:10 p.m.

SATURDAY, AUGUST 7, 2010:

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

13. OPEN PUBLIC INPUT
The following individuals provided testimony on items of interest/concern during this portion of the meeting:

  • Ralph Ferguson (Camano Island) – Leque Island
  • Dale Tyler (Camano Island) – Leque Island
  • Chris Stearns (Olympia) – Herring & sand lance

14. PROPOSED LAND TRANSACTION – DECISION
Dan Budd presented for approval various land transactions recommended by the Department for the protection of critical fish and wildlife habitat, to provide public recreational opportunity and to address responsible property management.

  • Proposed acquisition of 7.40 acres (Schwieger Property) in Mason County,
  • Proposed acquisition of 4.06 acres (Alstrom Property) in Mason County,
  • Proposed acquisition of 5.53 acres (Barbara Property) in Mason County,
  • Proposed acquisition of 63 acres (Crescent View Property) in Grant County,
  • Proposed conservation easement on 400 acres (Dagnon Property)  in Okanogan County,
  • Proposed acquisition of 27.97 acres (Evans Property) in Skagit County,
  • Proposed road easement in Pierce County

Ron Judd (Seattle/Okanogan) – Testified in support of WDFW’s habitat & conservation work

Commissioner Jennings moved, seconded by Commissioners Perry, to approve the proposed land transactions as presented and amended. The motion carried unanimously.

15. HYDRAULIC PERMITTING APPROVAL (HPA) ADMINISTRATIVE HEARINGS BOARD PROCESS - RULE BRIEFING, PUBLIC HEARING & RULE ACTION:
Lisa Wood presented for approval the adoption of permanent amendments to the HPA process. No public signed up to testify on this item during this portion of the meeting.

Commissioner Jennings moved, seconded by Commissioners Mahnken, to approve the proposed land transactions as presented. Motion carried unanimously.

16. COMMISSION POLICY C-3609 REVIEW, PUGET SOUND CRAB FISHERY – BRIEFING & PUBLIC HEARING:
Rich Childers presented to the Commission proposed changes to the Commission Policy C-3609, Puget Sound Crab Fishery. Several people provided oral testimony on the above policy proposals during this portion of the meeting:

  • Charles Hickey (Everett) – Support option A
  • Andrew Marks (Federal Way ) – Crab economics
  • David Reese (Woodinville) – Support option A
  • Mark Talbott (Woodinville) – Support option A
  • Gordon Ruh (Camano Island) – Support option A
  • Gary Bodine (Buckley) – Option A in the best choice
  • Lewis Boyd (Everett) – Inequities with treaty tribes
  • Ryan McFarland (Seattle) – Reason to support option A
  • Brian Allison (Oak Harbor) – Policy review, resource for all not just a few
  • Vinton Waldron (Oak Harbor) – Crab allocations, abuse by recreational crabbers
  • Sandy Cordell (Oak Harbor) Support option 6 that wasn’t included
  • Charisse Waldron (Oak Harbor) – Encourage trips to see commercial/recreational operations
  • Lawrence Bucklin (University Place) – Adequate opportunity for recreational crabbers
  • Archie Jorgenson (Ferndale) – Safety implications of proposals
  • Steve Davis (Bellingham) – Biological input and cap on harvest
  • Archie Jorgenson Sr. (Bellingham) – Impact of commercial fisherman and the resource
  • Clint Muns (Shelton) – Support option A
  • Ken Van Cleave (Lakewood) – Gig Harbor PSA
  • Don Overby (Rochester) – Crab allocations
  • Ed Wickersham (Ridgefield) – Support option A
  • Don Williams (Port Ludlow) – Recommend option A
  • Andy Fisk (Port Angeles) – Commercial fleet
  • Duane Nail (Port Townsend) – Support option A
  • Ken Crews (Anacortes) – Dungeness crab allocation
  • Craig Rothwell (Blaine) – Commercial crab fisher
  • John McKay (Brinnon) – Crab
  • Karen Thompson (Anacortes) – Morally wrong to eliminate commercial crabbing industry
  • Brian Mackey (Anacortes) – Crab options
  • Eric Sandvig (Bellingham) – Crab fishery
  • Jake Wilson (Bellingham) – Commercial fishing is a way of life for his family
  • Brian Melvin (Anacortes) – Crab plans
  • Wayne Palmer (Anacortes) – Don’t take resource away
  • Darrell Palmer (Anacortes) – Crab Allocations
  • Larry (Walk-up) Do not adopt option A

17. OPEN PUBLIC INPUT
The following individuals testified on issues of interest/concern during this period of the meeting.

  • Darrell Palmer (Anacortes) – Suggested catch and release for crab
  • Joe Toste (Westport) – Commercial crab fisherman
  • Phil Palmby (Bellingham) – Commercial crab

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

Chair Wecker adjourned the meeting at 2:00 p.m.