Mr Witherow's position on the national body now rests in the hands of the Otago Fish and Game council.
It has been asked by the national body to consider replacing him as the Otago representative and will meet to discuss the issue and choose its representative next month.
Mr Witherow this week accepted sending the questionnaire was a mistake, but called the national body's response an overreaction.
The questionnaire, which has been obtained by the Otago Daily Times, was sent to the chairmen of regional Fish and Game councils.
In it, Mr Witherow accused Fish and Game council chief executive Bryce Johnson of incompetence and questioned the performance of the council in general. Mr Johnson responded to Mr Witherow's questionnaire by taking legal action against the Fish and Game New Zealand council.
A letter, signed by Cullen senior associate Charles McGuiness, also obtained by the ODT, said Mr Witherow had embarked on a ''vendetta'' against the chief executive.
Mr Witherow's actions breached the council's obligation under the Conservation Act 1987 of being a ''good employer'', Mr McGuiness said.
Subsequently, Fish and Game New Zealand council chairman Matthew Hall, in a letter dated December 3 last year, asked the Otago council to consider replacing Mr Witherow as the Otago representative on the national council, as it did not have the power to dismiss him.
''You must consider the distress that has been caused by Mr Witherow's actions through breaches of governance and whether they are the actions of a responsible New Zealand Fish and Game councillor,'' Mr Hall, of Ashburton, said.
In a meeting on November 23 and 25, the national council formally dissociated itself from the questionnaire, chose to pay Mr Johnson's legal costs and accepted a commitment from Mr Witherow that he would take no further action on the questionnaire.
Mr Witherow, who lives in Balfour, Southland, accepted that sending the questionnaire was a mistake, but called the council's response ''excessive''.
''I have apologised for that, but I believe it is a minor transgression. We are lay people and I was unaware that I was cutting across governance lines,'' he said.
He vowed to continue pushing for good governance and more openness from the Fish and Game council and had ''every confidence'' the Otago council would back him when it met next month.
''I think that the Otago council fully understands what I am trying to do and they have supported me completely in the past.''
He was a ''strong supporter'' of the Fish and Game organisation, but its head office needed to ''raise its game'', he said.
Otago Fish and Game chief executive Niall Watson said the letter from the national body would be considered at its next council meeting, to be held at Alexandra next month, at which it would also decide whether to retain Mr Witherow on the national body.
Mr Witherow told Otago Fish and Game last month he wanted to continue as a councillor, Mr Watson said. Mr Hall said whether Mr Witherow was retained on the national body was now up to the Otago Fish and Game council.
He said he did not want to interfere in the politics of the Otago council and declined further comment.
It is not the first time Mr Witherow has been in conflict with the national council, with then chairman Rob Roney in 2010 saying Mr Witherow was considered ''self-serving and destructive''. In that instance, the Otago council unanimously decided to back Mr Witherow, saying it supported his concerns about the way the national body was run.
Mr Johnson was unable to be contacted this week.
