15-01-139

WSR 15-01-139

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed December 19, 2014, 4:38 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 14-22-087 filed November 3, 2014.

Title of Rule and Other Identifying Information: The department is considering the removal of Steller sea lions from the state's threatened species list (WAC 232-12-011). Delisting criteria are described in WAC 232-12-297 (4.1) and (4.2). The agency is initiating the delisting process in accordance with WAC 232-12-297(6.1.1).

Hearing Location(s): Natural Resource[s] Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501, on February 6-7, 2015, at 8:30 a.m.

Date of Intended Adoption: On or after March 20, 2015.

Submit Written Comments to: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501, e-mail [e-mail], fax [phone], by January 14, 2015.

Assistance for Persons with Disabilities: Contact Tami Lininger by January 21, 2015, TTY [phone] or [phone].

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal will remove sea lion from WAC 232-12-011, wildlife classified as protected shall not be hunted or fished, effectively removing Steller sea lions from the threatened species list in Washington.

Reasons Supporting Proposal: The department has reviewed all relevant data pertaining to the population status of Steller sea lions in Washington. These data show that the Washington population has strongly increased since the 1980s and is breeding in increasing numbers. This information indicates that the species is no longer in decline or at risk of becoming endangered. Thus, Steller sea lions should be removed from the state's threatened species list. The National Marine Fisheries Service federally delisted the eastern distinct population segment of Steller sea lions, which includes the Washington population, in 2013. The Washington department of fish and wildlife has conducted its own review of the status of Steller sea lions in Washington and finds that the species should be delisted at the state level as well.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.020, and 77.12.047.

Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.12.020, and 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Nate Pamplin, 1111 Washington Street S.E., Olympia, WA 98501, [phone]; and Enforcement: Steven Crown, 1111 Washington Street S.E., Olympia, WA 98501, [phone].

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not impact small business.

A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.

December 19, 2014

Joanna M. Eide

Rules Coordinator

AMENDATORY SECTION (Amending WSR 08-03-068, filed 1/14/08, effective 2/14/08)

WAC 232-12-011 Wildlife classified as protected shall not be hunted or fished.

Protected wildlife are designated into three subcategories: Threatened, sensitive, and other.

(1) Threatened species are any wildlife species native to the state of Washington that are likely to become endangered within the foreseeable future throughout a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as threatened include:

Common Name	Scientific Name
western gray squirrel	Sciurus griseus
((Steller (northern) sea lion	Eumetopias jubatus))
North American lynx	Lynx canadensis
ferruginous hawk	Buteo regalis
marbled murrelet	Brachyramphus marmoratus
green sea turtle	Chelonia mydas
loggerhead sea turtle	Caretta caretta
sage grouse	Centrocercus urophasianus
sharp-tailed grouse	Phasianus columbianus
Mazama pocket gopher	Thomomys mazama

(2) Sensitive species are any wildlife species native to the state of Washington that are vulnerable or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. Protected wildlife designated as sensitive include:

Common Name	Scientific Name
Gray whale	Eschrichtius gibbosus
Common Loon	Gavia immer
bald eagle	Haliaeetus leucocephalus
Peregrine Falcon	Falco peregrinus
Larch Mountain salamander	Plethodon larselli
Pygmy whitefish	Prosopium coulteri
Margined sculpin	Cottus marginatus
Olympic mudminnow	Novumbra hubbsi

(3) Other protected wildlife include:

Common Name	Scientific Name
cony or pika	Ochotona princeps
least chipmunk	Tamius minimus
yellow-pine chipmunk	Tamius amoenus
Townsend's chipmunk	Tamius townsendii
red-tailed chipmunk	Tamius ruficaudus
hoary marmot	Marmota caligata
Olympic marmot	Marmota olympus
Cascade golden-mantled ground squirrel	Spermophilus saturatus
golden-mantled ground squirrel	Spermophilus lateralis
Washington ground squirrel	Spermophilus washingtoni
red squirrel	Tamiasciurus hudsonicus
Douglas squirrel	Tamiasciurus douglasii
northern flying squirrel	Glaucomys sabrinus
wolverine	Gulo gulo
painted turtle	Chrysemys picta
California mountain kingsnake	Lampropeltis zonata;

All birds not classified as game birds, predatory birds or endangered species, or designated as threatened species or sensitive species; all bats, except when found in or immediately adjacent to a dwelling or other occupied building; mammals of the order Cetacea, including whales, porpoises, and mammals of the order Pinnipedia not otherwise classified as endangered species, or designated as threatened species or sensitive species. This section shall not apply to hair seals and sea lions which are threatening to damage or are damaging commercial fishing gear being utilized in a lawful manner or when said mammals are damaging or threatening to damage commercial fish being lawfully taken with commercial gear.