Minutes Meeting: 8:00 a.m. Oregon Department of Fish and Wildlife HQ 3406 Cherry Ave. NE Salem, Oregon 97303 Commission minutes are considered draft until approved by the Commission at its next meeting. Notice of this meeting had been made by press release of statewide media circulation. Those attending part or all of the meeting included: Marla Rae, Chair Dan Edge, Vice-Chair Jon Englund, Commissioner Roy Elicker, Director Laurie Byerly, Deputy Director Bill Cook, Assistant Attorney General Carter Kerns, Commissioner Bobby Levy, Commissioner Zane Smith, Commissioner Casaria Tuttle, Executive Assistant Steve Sanders, Assistant Attorney General MEETING On Friday,, at 8:00 a.m. Chair Marla Rae called the Oregon Fish and Wildlife Commission (Commission) meeting to order. First order of business was an executive session. The Commission went into executive session at 8:01 a.m. EXECUTIVE SESSION The Commission held an executive session and considered employment of a Director, as authorized by ORS 192.660(2)(a). The Commission reconvened the public meeting. Exhibit: DIRECTOR APPOINTMENT Laurie Byerly, Deputy Director for Administrative Services, discussed with the Commission possible action(s) related to the appointment of the agency director. Commissioner Smith moved to extend an offer of employment as permanent Director to Roy Elicker. Commissioner Smith also moved that the Commission authorize the Chair to handle the employment offer and associated negotiations with Mr. Elicker. Commissioner Edge seconded the motion and the motion passed unanimously. Commissioner Smith said that Roy Elicker has the specialized skills needed to successfully lead the department and that he has clearly demonstrated his ability, Page 1
particularly over the last 18 months. Other Commissioners also commented in support of the appointment. Director Elicker thanked the Commission for its confidence, saying it was a demonstration of support for the department s staff. DIRECTOR S REPORT Field Reports (Written report is part of the Commission s official record.) Northeast Region Craig Ely, Northeast Region Manager, reported on John Day spring Chinook; elk nutrition and elk calf mortality study and Ladd Marsh. High Desert Region Chip Dale, High Desert Region Manager, reported on bighorn sheep and mountain goats and cascade lakes airstock operation. Northwest Region Chris Wheaton, Northwest Region Manager, reported on Lucky the elk; Marmot Dam removal and Santiam River flows. Southwest Region Steve Denney, Southwest Region Manager, reported on Umpqua fisheries enhancement derby; Morgan Creek and 2007 Rogue spring Chinook and water quality. Marine Resource Program Patty Burke, Program Manager, reported on ocean commercial troll salmon; ocean recreational salmon and a hypoxia update. Oregon State Police Walt Markee, Captain, Oregon State Police Fish and Wildlife Division, reported on a joint investigation between the Washington Fish and Game, National Marine Fisheries Service and the Oregon State Police. Conservation Strategy Holly Michael, Conservation Program Leader, gave an update on the conservation strategy implementation. Fire Policy Update Tom Thornton, Game Program Manager, updated the Commission on ODFW s fire policy. Page 2
Adopt Temporary Rules Roy Elicker, Director, requested the Commission ratify the following temporary rules. The temporary rules were previously adopted by the director under his emergency action authority. 635-011-0175 Special Northern Pikeminnow Sport Reward Fishery Adopted July 16, 2007; effective July 17 through January 12, 2008 Amended rule updates agency regulations for the Northern Pikeminnow Sport Reward Fishery administered by the Pacific States Marine Fisheries Commission (PSMFC) to reflect changes in their rules, as requested by PSMFC. 635-023-0095 Sturgeon Retention Prohibition in the Columbia River Between Bonneville Dam and The Dalles Dam Adopted July 17, 2007; effective July 29 through December 31, 2007 Amended rule prohibits retention of sturgeon in the Columbia River and tributaries between Bonneville Dam and The Dalles Dam (the Bonneville Pool). Revision is consistent with Joint State Action taken by the states of Oregon and Washington on July 17, 2007. 635-004-0019 Adopt Inseason Action Implemented by the Federal Government for commercial Groundfish Fisheries Adopted July 18, 2007; effective August 1 through December 31, 2007 Amended rule adopts the inseason actions implemented by the federal government for commercial groundfish fisheries including: rockfish conservation area boundaries and trip limits, as noticed in National Marine Fisheries Service Public Notice, NMFS-SEA-07-06, dated July 20, 2007. 635-041-0063 and 635-041-0075 Treaty Indian Fall fisheries for Columbia River Above Bonneville Dam Adopted July 26, 2007; effective August 1 through 31 and August 1 through December 31, 2007 respectively Amended rules allow for the commercial sales of fish caught during the Treaty Indian sturgeon setline and fall salmon platform and hook-and-line fisheries in the Columbia River above Bonneville Dam (all of Zone 6). The fisheries began August 1. Implementation is consistent with action taken July 26, 2007 by the Columbia River Compact. 635-042-0031, 635-042-0160, 635-042-0170 and 635-042-0180 Implementation of Fall Chinook Gill Net Seasons for Columbia River Mainstem and Select Area Fisheries Adopted July 26, 2007; effective August 1 through October 31, 2007 Amended rules implement the commercial fall Chinook salmon gill net season in the mainstem Columbia River (Zones 1 through 5) and Select Area Fisheries beginning Page 3
August 1, 2007. Implementation is consistent with action taken July 26, 2007 by the Columbia River Compact. 635-021-0090 Thief Valley Reservoir Sport Game Fish Harvest Opportunity Adopted July 31, 2007; effective August 1 through September 30, 2007 Amended rule authorizes modified catch limits and methods of take in the Thief Valley Reservoir. due to low water storage levels as a result of the continuing drought, the reservoir is expected to be drained of storage water. Failure to adopt this rule could result in serious prejudice to the sport fishing public as it would result in lost opportunity for harvest of this valuable resource. Commissioner Smith moved to ratify the temporary rules as listed on the agenda. Commissioner Edge seconded the motion, and the motion carried unanimously. COMMISSIONER ITEMS Expenditure Report: Staff: Laurie Byerly, Deputy Director for Administration, presented the financial report for the month ended June 30, 2007. Exhibit A: COMMISSION MINUTES The Commission considered approval of the July 2007 Commission minutes. Commissioner Englund moved to approve the minutes. Commissioner Levy seconded the motion, and the motion carried unanimously. PUBLIC FORUM Ray Short Elk Permit Mr. Short was not present. Wildlife Division staff will continue to work with Mr. Short on his permit issues. Exhibit B: 2007 2008 OREGON GAME BIRD REGULATIONS Dave Budeau, Upland Game Bird Program Coordinator, Brad Bales, Migratory Bird Program Coordinator, and Brandon Reishus, Game Bird Program Assistant, asked the Commission to adopt the game bird season regulations for 2007 2008. Dale Buck Farm Bureau/ Retired Dairy Farmer Mr. Buck testified in support of the Tillamook County late goose hunting season. Page 4
25590 Chinook St. Cloverdale, OR 97112 503-398-5791 Gail Greenman Oregon Farm Bureau 3415 Commercial St. Salem, OR 97302 503-399-1801 Ms. Greenman testified that the Farm Bureau supports the Flyway Council s recommendation. Ms. Greenman testified that the Oregon Farm Bureau supports the Tillamook County late goose hunting season. Commissioner Klarquist would like to modify the regulation regarding the destruction of goose eggs. Within supplement 1 of Exhibit B in Division 635-051-0048 subsection 6. At the very end Commissioner Klarquist suggests adding a semi colon and say provided, however, that no such destruction of goose eggs shall be authorized until specific policy guidelines are adopted by the Commission. Commissioner Klarquist moved to modify the regulation regarding the destruction of goose eggs within supplement 1 of Exhibit B in Division 635-051-0048 subsection 6 which would read ; provided, however, that no such destruction of goose eggs shall be authorized until specific policy guidelines are adopted by the Commission. Commissioner Kerns seconded the motion and the motion passed unanimously. Chair Rae moved to amend OAR Chapter 635 Divisions 010, 045, 047, 051 as just amended by the Commission, 052, 053, 054 and 060 as proposed by staff in supplement 1 in Exhibit B to set regulations for the 2007-2008 Game Bird Seasons and to adopt the document entitled 2007 2008 Oregon Game Bird Regulations. Commissioner Levy seconded the motion and the motion passed unanimously. Shikar Safari Award Presentation Lynn Loacker, Shikar-Safari Club International, presented Oregon State Police Trooper Luke Schwartz with the Wildlife Officer of the Year award. Exhibit C: MENTORED YOUTH PROGRAM Roger Fuhrman, Information and Education Administrator asked the Commission to adopt rules to implement the Mentored Youth Hunter Program. Al Elkins Oregon Hunters Association 30490 SW Rogue Lane #3112 Wilsonville, OR 97070 503-780-6824 Mr. Elkins testified that the Oregon Hunters Association is in full support of the Youth Mentored Hunt Program. Page 5
Commissioner Edge moved to adopt OAR Chapter 635, Division 074 as proposed by staff. Commissioner Smith seconded the motion and the motion passed unanimously. Exhibit D: 2008 OREGON SPORTFISHING REGULATIONS Commissioner Englund declared a potential conflict of interest because his company does business with the sport fishing industry. Rhine Messmer, Recreational Fisheries Program Manager, asked the Commission to amend rules to adopt sportfishing regulations for finfish, shellfish and marine invertebrates for 2008. Jim VanLoan Bill Bakke Native Fish Society PO Box 19570 Portland, OR 97280 503-977-0287 Greg Nolan 12700 Ox Meadow Dr. Oak Hill, VA 20171 571-334-7107 Tom Derry Friends of the Molalla River PO Box 627 Molalla, OR 97038 503-829-6207 Joe Ferguson 2130 Daphne St. Springfield, OR 97477 541-747-4917 Steve Evans 2744 Kismet Way Eugene, OR 97405 541-687-2150 Dick Bauer 1665 Evergreen Dr. Eugene, OR 97405 541-688-4980 Mr. VanLoan testified in support of the petitions the received. Mr. Bakke thanked the Commission for taking action on the Herman Creek enforcement issue. He asked staff to take a look at the larger impact on the lagoon. Mr. Bakke testified in support of the Umpqua petitions. Mr. Nolan testified in support of the Umpqua petitions. Mr. Derry asked the Commission to halt the kill of wild steelhead in the Umpqua River and manage the River for abundance. Mr. Ferguson stated his concern that the fishery may be lost if it is left as is. He doesn t feel it is necessary to kill the fish in order to have a good sport fishery. Mr. Evans testified in support of the petition. Mr. Bauer asked the Commission to take a proactive approach on the Umpqua steelhead issue. Page 6
Peter Tronquet 233 Mt. Echo Dr. Medford, Or 541-774-9477 Jon Lund 437 Covey Lane Eugene, OR 97401 541-388-7195 Darlene Kline-Dolby Cascade Family Fly Fishers 3820 Monroe Eugene, OR 97405 541-485-8706 Gary Lewis Gary s Guide Service 607 Fawn Dr. Roseburg, OR 97470 541-672-2460 Scott Worsley Guide Service 278 Lancaster Ave. Roseburg, OR 97470 541-643-8098 Dan Taylor Guide Service 2663 Golfview Ave. Sutherlin, OR 97479 541-459-1281 Lyle Andrews Guide Service 205 Daisy Ln. Roseburg, OR 541-679-8191 Patrick McRae 1592 Lone Rock Rd. Glide, OR 97443 541-496-4222 Becky McRae 1592 Lone Rock Rd. Glide, OR 97443 541-496-4222 Tom Wolf Trout Unlimited 22875 NW Chestnut St. Mr. Tronquet testified about his concern of a diminishing fishery on the Umpqua River. Mr. Lund testified in support of the petition for no kill on the native steelhead in the Umpqua River. Ms. Kline-Dolby testified on behalf of the Cascade Family Fly Fishers in support of the petitions. Mr. Lewis testified that he does not feel the creel check is accurate. Mr. Lewis wants a law that tells his clients not to kill the fish. Mr. Worsley testified that the creel check is not accurate. He stated the Umpqua is the last good fishery and wants it illegal to kill a wild steelhead. Mr. Taylor testified that guides don t want to kill fish. Mr. Andrews testified in support of the petitions. He stated that he challenges the numbers presented by staff. Mr. McRae chose not to testify. Ms. McRae chose not to testify. Mr. Wolf testified on behalf of Trout Unlimited in support of the petitions. Page 7
Hillsboro, OR 503-648-2123 Commissioner Smith moved to accept public proposals number 11 and 12 which would have the effect of catch and release fishing only for the north fork and mainstem of the Umpqua River of wild steelhead. Commissioner Klarquist seconded the motion. Commissioners Edge, Smith, Klarquist and Levy voted in favor of the motion. Commissioners Englund, Kerns and Rae voted against the motion. The motion passed. Chair Rae moved to amend OAR Chapter 635 Divisions 011, 013, 014, 016, 017, 018, 019, 021, 023 and 039 as proposed by staff in attachment 6 and to uniformly reflect the calendar dates for trout season openers as described attachment 4 and shown in attachment 6. Chair Rae further moved to adopt the 2008 Sportfishing Regulation Pamphlet as proposed by staff in attachment 5 and public proposals 11 and 12 concerning the mainstem and north fork Umpqua River, reflect changes made to the 2007 rules, authorize staff to make text and formatting changes to correct typographical or grammatical errors, correct inadvertent inconsistencies, improve readability or to meet publishing needs. Chair Rae further moved to adopt temporary administrative rules 635-023-0090 concerning the Herman Creek closure to anglers not possessing a valid Oregon disabilities hunting and fishing permit Oregon Administrative Rule 635-014-0090 in the establishment of coho salmon seasons and bag limits for Takenitch and Siltcoos Lakes and amend OAR 635-017-0090 to correct the sport coho angling opening dates in the Willamette Zone, tributaries and streams. Commissioner Edge seconded the motion and the motion passed unanimously. Exhibit E: TRAWL INDIVIDUAL QUOTAS Gway Kirchner, Groundfish Program Manager, briefed the Commission on alternatives developed by the Pacific Fishery Management Council for issuing individual fishing quotas to participants of the groundfish trawl fishery and provide opportunity to receive input. Mike Okoniewski West Coast Seafood Processors Association and Pacific Seafood 1635 Downriver Dr. Woodland, WA 98674 360-225-9351 Steve Bodnar Coos Bay Trawler Assoc. Bandon Submarine Council PO ox 5050 Mr. Okoniewski testified on behalf of West Coast Seafood Processors Association. He stated that they want the quota to be dispersed in a balanced way and they asked for Commission support of a fair balance. Mr. Bodnar testified on behalf of Coos Bay Trawler Association in favor of not providing shares to processors. They ask the Commission support Option 1. Page 8
Coos Bay, OR 97420 541-888-8012 Ralph Brown PO Box 1060 Brookings, OR 97420 541-251-1975 Shems Jud Environmental Defense 12375 Mt. Jefferson Ter. #3M Lake Oswego, OR 97035 503-636-1897 Dorothy Lowman Consultant to Environmental Defense 6707 SW Barns Rd. Portland, OR 97225 503-804-4234 Peter Huhtala Pacific Marine Conservation Council PO Box 59 Astoria, OR 97103 503-325-8188 Leesa Cobb Port Orford Ocean Resources Team PO Box 679 Port Orford, OR 97465 541-332-0627 Jim Seavers 1075 SE Spruce Way Newport, OR 541-265-9390 Mark Cooper 1119 Olalla Rd. Toledo, OR 541-336-0244 Mr. Brown testified in support of the IQ program. Mr. Jud testified in support of the IQ program. Ms. Lowman testified in support of the IQ program. Mr. Huhtala testified on behalf of the PMCC who feels that fishing quotas are useful but the program as currently proposed does not meet the criteria. Ms. Cobb testified that she believes her community will be negatively affected by the IQ system. Mr. Seavers testified there are other ways to rationalize the fishery than IQ programs. Mr. Cooper testified that the trip limit program currently in use is broken. With an IQ program the lines won t be there to bump into. Feels the allocation should be 100 percent to the catchers. No action, informational briefing only. Page 9
Exhibit F: FISH SCREENING TASK FORCE MEMBER APPOINTMENTS Marla Rae, Commission Chair, and Bernie Kepshire, Fish Screens State Coordinator, asked the Commission to review and appoint two members to the Fish Screening Task Force. None Commissioner Smith moved to appoint Mark Wharry to a two-year term as a public at large representative on the Fish Screening Task Force. Commissioner Klarquist seconded the motion and the motion passed unanimously. Commissioner Smith moved to appoint Tony Brauner to a two-year term as a fishing or fish conservation representative on the Fish Screening Task Force. Commissioner Klarquist seconded the motion and the motion passed unanimously. Exhibit G: HARVEST CARD INFORMATIONAL BRIEFING John Thorpe, Propagation Program Manager, briefed the Commission on the lottery winners for the 2006 harvest card drawing. None No action, informational briefing only. Chair Marla Rae adjourned the meeting at 5:07 p.m. Page 10