Hijacked and C&P this as Saturday is the day for everyone to let the commission know how they feel about the GHMP redo!


This Saturday at 9:00 am the Fisheries Commission will hear a report and take public input concerning the Grays Harbor Management Plan. Directions and the agenda are in the web site below (note that this is at the Comfort Inn and not WDFW):
http://wdfw.wa.gov/commission/meetings/2014/01/agenda_jan1014.html

The Draft plan can be found at: http://wdfw.wa.gov/commission/meetings/2013/12/dec0613_14_policy_proposal.pdf

This is a good meeting to attend to show recreational support for the direction of fishing in Grays Harbor. At our meeting Tuesday night we discussed some potential issues that could be worth your effort to comment about. These were: 1)Accountability for meeting escapement, 2) Economic loss resulting from commercial fishing, 3) No need for three commercial fishing groups in Grays Harbor, and 4) Modeling efforts to harvest the last theoretical fish. There are many others, your input is important for the future direction of Grays Harbor fisheries.

A little reminder there is a Adviser meeting tonight folks at 6 PM Region 6 Office in Montesano on the GHMP redo. Now the public can not participate but there is 1 hour set aside at the end for public comment.

It is last call for the Grays Harbor Management Plan redo! The Commission added / made substantial changes to the draft plan presented by WDF&W and they should be up on the WDF&W website soon but the current draft is available at the link below. Otherwise guys the final public meeting to look & question the document is this coming Wednesday highlighted below.

http://wdfw.wa.gov/conservation/fisheries/grays_harbor_salmon/


January 13, 2014
Grays Harbor Advisory Committee, from 6-8 p.m.; public input from 8-9 p.m.; WDFW’s Montesano office, 48 Devonshire Road.
January 15, 2014
WDFW fishery managers will host a public workshop from 6-8 p.m.; Montesano City Hall, 112 North Main Street, Montesano.
WDFW fishery managers briefed the Fish and Wildlife Commission on the development of the draft policy during the commission’s November meeting in Olympia.
WDFW will develop a range of policy options that will be discussed during the December commission meeting in Olympia. The commission is scheduled to hold a public hearing on the draft policy options during its January meeting in Olympia.
The commission is scheduled to make a final decision at its February meeting in Olympia.

GHMP & IT IS SHOW TIME!


OK guys here is the link for the GHMP draft redo for review. So take a look and let us see what everyone thinks.

http://wdfw.wa.gov/commission/policies/draft_grays_harbor_salmon_management_1-16-14.pdf

Here is the WDF&W e mail flyer:

Commission seeks comments on revised
draft policy for Grays Harbor fisheries
OLYMPIA - The Washington Fish and Wildlife Commission is seeking public comments on a revised draft policy to improve salmon management in Grays Harbor.
The revised draft policy includes new provisions recently proposed by the commission to conserve wild salmon runs, clarify catch allocation, and reduce conflicts between sport and commercial fishers in the harbor.
The commission, a citizen panel that sets policy for the Washington Department of Fish and Wildlife (WDFW), added the new provisions during a public meeting attended by more than 150 fishers Jan. 10-11 in Tumwater.
Ron Warren, deputy assistant director of WDFW's Fish Program, thanked the commission for adding provisions he said would provide the department with clear direction for setting future seasons for non-tribal salmon fisheries in Grays Harbor.
"We need to focus on conserving and restoring the salmon runs in the Grays Harbor Basin," Warren said.
The revised policy, scheduled for a vote by the commission at a meeting Feb. 7-8, is available at http://wdfw.wa.gov/conservation/fisheries/grays_harbor_salmon/ .
Written comments on the revised draft policy may be submitted through Jan. 31 via email to commission@dfw.wa.gov or by mail to the Washington Fish and Wildlife Commission, 600 Capitol Way N., Olympia, WA 98501-1091.
Commissioner Rolland Schmitten, who spoke in favor of the amendments, noted that fisheries in southeast Alaska and Canada intercept nearly half of all fall chinook salmon returning to the Chehalis River, which flows into Grays Harbor.
"Our challenge is that there are simply not enough salmon to meet the expectations of all stakeholders," Schmitten said.
In other business, the commission modified fishing rules for two rivers on opposite sides of the Cascade Range:
• Naselle River: Fishing from a floating device equipped with an internal combustion motor was prohibited year round from the Highway 4 Bridge upstream to the Crown mainline (Salme) Bridge. The commission's action was based on a citizens' petition.
• San Poil River: The daily limit for walleye was raised from eight fish to 16 fish to address an overpopulation of walleye in this tributary to Lake Roosevelt.

These comments to the Commission on the GHMP are authored by another individual ( who hangs out around here ) and a great example of just plain zeroing in on making sure the new plan can not be manipulated as the present one. Damn good job if I say so myself.



Draft Recommendation 5 states:

“ WDFW-managed commercial fisheries in the Grays Harbor Basin shall have the following impact limits:

Areas 2A, 2B, 2D: impact rate of less than 0.8% on Chehalis fall Chinook.

Area 2C: impact rate of less than 1.2% on Humptulips fall Chinook.”

This recommendation appears to be over specified or at least can be interpreted in several ways. It is important to understand that all areas contain both Chehalis fall Chinook and Humptulips fall Chinook, especially area 2C. As an example this recommendation could mean that when fishing in 2C the harvest will be capped at 1.2% Humptulips Chinook plus 0.2% of the comingled Chehalis Chinook. Then the 2A/2D fishery could still include another 0.8% of the Chehalis Chinook run plus another .02% of the Humptulips run. The actual numbers would be determined by using coded wire tag data in each area. This recommendation could also mean that all fish caught in 2C are Humptulips fall Chinook capped at 1.2% of the Humptulips run. This would also overharvest the Chehalis fall Chinook.

I would recommend the following modification to recommendation 5.

“ WDFW-managed commercial fisheries in the Grays Harbor Basin shall have the following impact limits:

Areas 2A, 2B, 2C, and 2D combined shall have an impact rate of less than 0.8% on Chehalis fall Chinook and less than 1.2% on Humptulips fall Chinook.”

Hey all I have not been able to post a update on the legal challenge to the 2013 season but it was settled out of court. So read through it and you will see it ends up addressing several key issues of the Grays Harbor Management Plan redo. I will do a second post with the talking points ( press release more / less ) shortly.



SETTLEMENT AGREEMENT

Hamilton, et al. v. Wash. Dep’t of Fish and Wildlife, Thurston Cnty. Sup. Ct. No. 13-2-01741-2
Hamilton, et al. v. Wash. Dep’t of Fish and Wildlife, Thurston Cnty. Sup. Ct. No. 13-2-02050-2

This Agreement is entered into on the date of last signature below by and between Tim Hamilton, Arthur Holman, and Ronald Schweitzer (Petitioners) and the Washington Department of Fish and Wildlife (Department).

RECITALS

Petitioners filed the above-referenced lawsuits challenging rules promulgated by the Department setting salmon fishing seasons for Willapa Bay and Grays Harbor, respectively, for 2013.

Petitioners and the Department both desire to facilitate enhanced communication between the Department and recreational fishers. We both want to ensure a strong technical foundation for salmon fishery management in both commercial and recreational fisheries in Willapa Bay and Grays Harbor, and we want to improve the integration of the North of Falcon fishery planning and APA rule processes.

Petitioners and the Department seek to settle these matters and resolve all claims between them related to the subject of the above-referenced matters.

AGREEMENT

Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows:

1) Petitioners agree to dismiss with prejudice the above-referenced lawsuits, without costs or attorney fees to either party. Such dismissal shall occur within 10 days of execution of this Agreement.

2) The Director will request the Washington Fish and Wildlife Commission to give him direction to initiate the development of a Willapa Bay Fishery Management Policy (Policy) after the Grays harbor Policy and the 2014 North of Falcon process has been completed. The Department will target having the new Willapa Bay policy process completed by February of 2015 and implemented through the 2015 North of Falcon process. In addition, following the adoption of the Policy, the Willapa Bay Management Plan will be revised in a manner consistent with the Policy.

3) The Department will establish a dedicated account and deposit $15,000 in such account to be used solely for procuring the consulting services of independent fishery scientists for tasks described herein. The initial task of the independent fishery scientists will be to review existing scientific studies and recommend appropriate release mortality rates for use by the Department to predict the mortality of fish released from state managed commercial gillnets in Grays Harbor (see 5a below).
a. The independent fisheries scientists engaged pursuant to this paragraph shall be jointly selected by the parties and the scientists’ scope of work shall be jointly developed by the parties.
b. The parties acknowledge that time is of the essence in engaging the scientists pursuant to this chapter and shall make best efforts to select and approve the scientists and the scope of work no later than February 14, 2014. If the scientific review and recommendations regarding release mortalities cannot be completed by March 14, 2014, as contemplated by the parties, then the work will and any recommendations will be completed by February 1, 2015 and used in the 2015 and subsequent preseason planning processes.

c. Additional tasks that will be considered and implemented by agreement of the parties utilizing any remaining funds from this account include the development of: 1) a Grays Harbor web page with a clear presentation of key information (i.e., catches, spawners, basis of spawner goals); 2) improved preseason predictions of salmon abundance; and 3) inseason estimates or indicators of salmon abundance.

4) The Department will provide $15,000 to a nonprofit organization established by Petitioners to enhance communication and build cooperation between the Department and recreational fishers. The Department shall make such payment within 10 days of receiving proof of an appropriate nonprofit organization having been established.

5) The nonprofit organization created by Petitioners shall, at a minimum, complete the following:

a. Assist the Department in the planning, promotion, and implementation of a workshop to ensure that the release mortality rates used for preseason planning of commercial fisheries in Grays Harbor are based on the best available information (Workshop 1 – February 2014). After the conclusion of the workshop, the panel of independent fishery scientists (paid for through the independent account created and funded pursuant to paragraph 3, above) will summarize scientific studies presented at the workshop and provide recommendations on release mortality rates.

b. Assist the Department in the planning, promotion, and implementation of a workshop to review the performance identify improved methods for predicting the catch in Grays Harbor Basin salmon fisheries (Workshop 2 - February 2014). Panelists will present information on the performance of previous catch projections, propose improvements, and solicit additional suggestions to improve preseason catch projections.

c. Assist the Department in the planning, promotion, and implementation of four workshops designed to improve understanding of salmon fishery management in the Grays Harbor Basin (Workshops 3-6). The workshops would occur prior to August, 2014.

d. Provide recommendations and suggestions to the Department on increasing public confidence in the Administrative Procedure Act (APA) rulemaking process for season-setting for Willapa and Grays Harbor.

6) The parties agree to work together to develop messaging and outreach to the public that accurately conveys this Agreement and the public process provided for in the Agreement. The parties shall not communicate about this Agreement or the public process provided for in the Agreement in a manner inconsistent with their jointly developed messaging and outreach plan.

7) The parties agree that they shall meet not less than monthly while the obligations under this Agreement are outstanding to discuss implementation of this Agreement. Each party may designate one or more representatives to attend such meetings and attendance may be by telephone or other electronic means. The parties will strive to cooperatively resolve any disagreements related to this Agreement. In the event either party has a disagreement with the other, that party shall communicate that disagreement during a meeting of the parties. Prior to initiating any legal action to enforce this Agreement, a party shall communicate in writing the subject of the disagreement and give the other party 30 days to respond.

8) This Agreement constitutes the entire agreement between the parties with respect to resolution of the above-entitled matters and the subject matter thereof. Any representations, promises, or statements not set forth in the Agreement are of no force and effect and have not been relied upon.

9) The language of all parts of this Agreement shall be construed as a whole, according to its fair meaning, and not strictly for or against any of the Parties. It has been negotiated by and between attorneys for the Parties and shall not be construed against either side as drafter. If any portion or provision of this Agreement is determined to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the remainder of this Agreement shall not be affected by such determination and shall be valid and enforceable to the fullest extent permitted by law, and said illegal, invalid, or unenforceable portion or provision shall be deemed not to be a part of this Agreement.

10) This Agreement shall be governed by and construed in accordance with the laws of the state of Washington. Venue for any suit involving a dispute over this Agreement shall be Thurston County.

11) Each party agrees to be responsible for his own attorneys fees and costs associated with the above-referenced lawsuits and this Agreement.


Dated this __ day of January, 2014




TIM HAMILTON


Dated this __ day of January, 2014




ARTHUR HOLMAN


Dated this __ day of January, 2014




RONALD SCHWEITZER


Dated this __ day of January, 2014




______________________, TITLE _______________________
FOR THE DEPARTMENT OF FISH AND WIDLIFE

OK here are the " Talking Points Willapa Bay and Grays Harbor Settlement Agreement " and it gives you a little better read on things outlined in the settlement.

The Washington Department of Fish and Wildlife has completed a settlement agreement with Tim Hamilton, Art Holman, and Ron Schweitzer that resolves litigation regarding commercial fishing in Grays Harbor and Willapa Bay for the 2013 season. Rather than prolonging litigation, all parties have agreed to build on a shared interest in enhancing communication between the Department and recreational fishers, ensuring a strong technical foundation for salmon fishery management, and improving the integration of the North of Falcon fishery planning and the rules process.
All parties recognize that salmon play an integral role in the commerce, recreation, and cultural identity of the people of the Pacific Northwest. This is particularly true along the Washington coast, where salmon are an economic mainstay for communities, a focal point for tribal life, and an important link between the ocean and interior ecosystems in Willapa Bay and Grays Harbor.
The Agreement reflects a shared interest in the conservation of salmon in these basins and in building support for the salmon resources among commercial fishers, recreational fishers, and outdoor recreation enthusiasts.
Key elements of the agreement include:
• Ensuring a strong technical foundation for salmon fishery management by enlisting the assistance of independent fishery scientists to review the rates used to project the mortality of salmon released in commercial fisheries.

• Increasing the public’s ability to participate in season setting and fisheries management by developing a web page with Grays Harbor information on fishery catches, spawners, and the basis of spawner escapement goals.

• Initiating a series of workshops to:

o assist the public in understanding how fishery management in Grays Harbor is conducted, seasons are set, and the processes used;
o increase the accuracy and reliability of models used to set fishing seasons; and
o develop in-season indicators of salmon abundance to enable adaptive management.

• Director Anderson will request that the Fish and Wildlife Commission provide him with direction to initiate the development of a Willapa Bay Fishery Management Policy for implementation in the 2015 North of Falcon process. In addition, following adoption of the policy, the Willapa Bay Management Plan will be revised in a manner consistent with the policy.
These elements of the agreement are designed to enhance conservation of the state’s salmon resource, improve public trust, and develop a solid foundation for a long-lasting relationship with all stakeholders.

Will that include scaling back the month-straight gill net season from mid-Sept to mid-Oct and that fleet taking 80-90% of the total catch?

It says what it says and the outcome will depend upon what the Commission feels is correct. That said it means a Willapa redo with aoutcome not defined before hand.

Just a reminder, the deadline for submitting comments to the fish and wildlife commission is Jan. 31, following is the page I sent in, just a quick note saying how you feel about certain points in the report is all that is needed, public support for closing comm. gillnet fishing was really strong, following up with an equally strong amount of submitted comments is also vital. Commissioners, my name is Robert Rao and I live in Elma. I have spoken before you twice in the last two months and have attended numerous Gray’s Harbor Salmon Management meetings. I appreciate the hours you have put in on this subject hearing many points from the public and the W.D.F.W. staff. My points are as follows;
The last lines of the general policy statement “In implementing the policy guidelines, the Department will work with the tribes in a manner that is consistent with U.S. v. Washington and other applicable state and federal laws and agreements “ I believe the state has an obligation legally and morally to defend the 50% percent rights of the citizens of the state by being proactive in monitoring tribal catches throughout the state, not just in Gray’s Harbor. A quicker and more reliable catch record system is needed. I also believe that closing area 2A in the Chehalis River if not this year but next year would have two important results. Public testimony by non-native commercial fishermen to this issue has stated that the tribe WILL NOT fish that area on the same days as commercial gillnetters. This means that a 4 days in and 3 days out will not be considered by the tribe in this area which means ALL of Gray’s Harbor will not have 4 days in and 3 days out by all gillnetters. The river is also very narrow in this area and numerous gillnets will defeat recovery actions taken. This also will be a negotiation point when dealing with the Quinalt tribe as it will show them that the state is serious about recovery efforts and is willing to compromise. There should be a total ban on commercial. gillnets in areas designated as freshwater to remain consistent with policies adopted for the Columbia River and Puget Sound. I believe the residents of our state have overwhelmingly shown their support for this direction as demonstrated in the sheer volume of public testimony shown.
I also feel that more input to the Pacific Salmon Commission is needed as to the serious state of the runs in Gray’s Harbor. If a more valid scientific study is needed instead of current means of measuring run size then those studies should be implemented
.Alaska harvests of our fish are esp. damaging, the state of Alaska stocks should be an example of how NOT to manage a resource.
My third point concerns the language for the 4 days in and 3 days out. The language allows for changing the intent of 4 days in and 3 days out by saying “when possible”. As I have pointed out above we understand the state cannot promise the tribes will fish that way but to insure transparency of the process we need to know that the 4 days in and 3 days out means just that when talking about non-tribal gill-netters. Otherwise people may feel that a last minute ”back door deal” may occur again.
My last point has to do with determining chum runs by lumping them all together in Gray’s Harbor. The scientific absurdity of this should be apparent to all. With these runs missing escapement as many years as they have (although we don’t have the data to show how really bad it is!) it is obvious that changes in scientific data collecting are needed. Thank you for reading and hearing our concerns.
Robert Rao

It's Grays Harbor, not Grey's Harbor.

A number of folks have been trying to understand the legal action and settlement. Well I am sure not going to try and explain it but you can view the write up by the East County guys who filed the legal action here. http://fishingthechehalis.net/nof-process The documents and supporting papers are all available for viewing and while it is a bit of a dry read ( as all legal documents are ) it is rather interesting.

The thing that takes a bit to understand is the legal action was on the 2013 season and season setting process. Our legal system does not exactly move along at lightning speed so it simply takes a bit to wind your way through the process and that is how you end up with a challenge to the 2013 seasons in 2014.

The Grays Harbor Management Plan ( GHMP ) redo is getting closer and it looks promising, maybe. That said it is not a done deal until "the fat lady sings" so to speak and everyone needs to stay involved. I imagine all have read or listened to that spiel a hundred times before but it is true. Then comes the question on just how can WDF&W manage the Salmon resource in a manner that simply discriminates and denies harvest opportunity to the inland communities and recreational fishers in general?

At first look one might think this is something new but it is not. It is simply the manner that terminal harvest impacts (inside Grays Harbor & rivers that empty into it ) have always been allocated. That WDF&W has always viewed the recreational fisher differently than commercial fishers is absolutely true but finding way to allow the average citizen to grasp how deeply ingrained in WDF&W this philosophy is can be a bit difficult.

So after going through the FTC library I will use the two paragraphs below which are taken directly from a opinion by then Washington State Attorney General Slade Gorton to then WDF Director Don Moos in 1975 which addressed the commercial buy backs. While the entire document is only somewhat relevant today it is one of the few times I have found the management philosophy of WDF&W clearly defined by a impartial 3rd party. So take a look at the highlighted sentences defining the intent of the recreational and commercial management by WDF&W.

Basically, the sports fisheries are managed so as to allow large numbers of fishermen each to take a limited number of fish. Lawful gear for angling is defined in RCW 75.04.100 as one pole, held in hand, to which not more than two single hooks may be attached. Under WAC 220-56-063 and 220-56-066, most rivers, streams and ocean areas are open to angling. Spawning areas and areas below dams and racks are closed to angling, and other areas can and have been closed when such closures were necessary for proper
escapement. Possession and bag limits for angling vary for different areas. For the coastal fishery the limit is three salmon of not less than 20 inches in length, as provided for in WAC 220-56-013. No license is required for angling, but [[Orig. Op. Page 4]] sports catches must be recorded upon salmon punch cards which are returned to the department of fisheries. See, WAC 220-56-023. Fish taken by angling are for personal use only and may not be sold commercially.

On the other hand, the commercial fisheries are managed to allow for proper escapement and maximum commercial take. The legislature has established license requirements for all segments of the commercial fishery, and has defined lawful gear under the various licenses. See, chapter 75.28 RCW. Areas open to commercial fishing are set by statute (chapter 75.18 RCW) and permanent regulations (WAC 220-47-010 through 220-47-070) promulgated thereunder. Data for the commercial fisheries is collected continuously by the department of fisheries, and additional closures and regulations are frequently made by emergency regulation to preserve necessary escapement as mandated by fishery data and recommendations of the international salmon fishery commission.

Boiled down to the very basic issues the GHMP redo is not just about what is fair for all citizens but changing the historical bias ingrained within WDF&W. No small chore to be sure and it will not happen unless we all stay involved. The progress made in the past few months is not due to FTC or any single person or group but rather because the inland communities & recreational fishers did not just object but went with " oh hell no we are NOT doing that again. "

So stay involved folks and attend the Commission meeting Meeting Link A close friend of mine said " it ain't no time to go to sleep at the wheel" and I think he captured where we are!

Last call for the Commission meeting tomorrow http://wdfw.wa.gov/commission/meetings/2014/02/agenda_feb0714.html and the GHMP policy guidelines are to be adopted. That said the weather forecast is well past bad to just ugly to this http://www.accuweather.com/en/us/olympia-wa/98501/daily-weather-forecast/331418?day=2 After getting nailed by the blizzard yesterday in a massive pile up and on I-5 & 2 1/2 hours in a 16 mile back up going to the Sportsman Show in Portland I urge all to be careful.

If you can make it do so but do not put yourself at risk as the Commission is going to make its decision regardless.

I do agree with rivrguy about being careful, but the forecast for Oly is now only 50% chance of less than a half inch tonight, and 30% chance of less than a half inch Saturday so nothing major.

Here's my source: http://forecast.weather.gov/MapClick.php...65#.UvWMwoWa-oQ

There has been no snow here so far, just dry and cold. See you tomorrow...

We'll be there!
Bob and Melanie

a quick update. There is a light dusting of snow in Oly, enough to make the street in front of my house white. Currently not snowing. I would guess it is about 1/4 inch.

The LONG and winding road has finally led to a BIG win for the fish and for the rec community in Grays Harbor.

Key conservation provisions of the GHMP unanimously passed by the commission today:

1) Secured a 3 consecutive days/wk net-free escapement window

2) Must meet escapement goals for each stock at least 3 out of the 5 previous years in order to have directed fishing on that stock. Else manage for a NT impact of 5%.

3) Affirmed that Hump and Chehalis sub-basins shall be managed as distinct and separate drainages

4) Chehalis fall kings are allocated 0.8% to the state nets at low abundance to 5.8% at high abundance on a linear sliding scale between run sizes of 18K to 25K. For clarity, the comm share slides from about 2% up to 27% of the total state share.

5) Humptulips fall kings will fall under similar provisions starting at 1.2% at the low end and 5.6% (memory may be a bit shaky on that upper number)

A HUGE step forward in improving the management of Grays Harbor.

I'll post the official link to the policy when its up on the web.

Chair Wecker's closing comments included a commitment on the record to better determine release mortalities in both the comm and rec fisheries… about this policy being a new beginning to push the agency forward in implementing fisheries that improve our ability to selectively release depressed NON-target stocks unharmed.

Very comforting to hear.

Good thing the meeting was this morning, there's been about 5" in the last 6 hours. Looks like it's stopped now.