15-01-140

WSR 15-01-140

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed December 19, 2014, 4:40 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 14-22-088 filed November 3, 2014.

Title of Rule and Other Identifying Information: The department is considering adding the tufted puffin to the state endangered species list in WAC 232-12-014. Listing criteria are described in WAC 232-12-297 (3.1) through (3.4). The agency is initiating the listing process in accordance with WAC 232-12-297(5.1.1).

Hearing Location(s): Natural Resource[s] Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501, on February 6-7, 2015, at 8:00 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 add tufted puffin to WAC 232-12-014 Wildlife classified as endangered species. Listing the tufted puffin as endangered in Washington will promote a healthy population in the future.

Reasons Supporting Proposal: The department has reviewed all relevant data pertaining to the population status of tufted puffins in Washington. These data show that the population has strongly declined in recent decades, both in numbers of birds present and in numbers of active breeding sites. This information indicates that if the current rate of decline continues, the species is at serious risk of extirpation in Washington over the next few decades. Thus, tufted puffins should be added to the state's endangered species list.

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 proposal 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 06-04-066, filed 1/30/06, effective 3/2/06)

WAC 232-12-014 Wildlife classified as endangered species.

Endangered species include:

Common Name	Scientific Name
pygmy rabbit	Brachylagus idahoensis
fisher	Martes pennanti
gray wolf	Canis lupus
grizzly bear	Ursus arctos
sea otter	Enhydra lutris
killer whale	Orcinus orca
sei whale	Balaenoptera borealis
fin whale	Balaenoptera physalus
blue whale	Balaenoptera musculus
humpback whale	Megaptera novaeangliae
black right whale	Balaena glacialis
sperm whale	Physeter macrocephalus
Columbian white-tailed deer	Odocoileus virginianus leucurus
woodland caribou	Rangifer tarandus caribou
American white pelican	Pelecanus erythrorhynchos
brown pelican	Pelecanus occidentalis
sandhill crane	Grus canadensis
snowy plover	charadrius alexandrinus
upland sandpiper	Bartramia longicauda
spotted owl	Strix occidentalis
western pond turtle	Clemmys marmorata
leatherback sea turtle	Dermochelys coriacea
mardon skipper	Polites mardon
Oregon silverspot butterfly	Speyeria zerene hippolyta
Oregon spotted frog	Rana pretiosa
northern leopard frog	Rana pipiens
Taylor's checkerspot	Euphydryas editha taylori
Streaked horned lark	Eremophila alpestris strigata
Tufted puffin	Fratercula cirrhata