16-19-068

WSR 16-19-068

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed September 19, 2016, 3:15 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 16-13-044 on June 8, 2016, and WSR 16-02-115 on January 6, 2016.

Title of Rule and Other Identifying Information: The department is proposing to amend existing rules regarding wildlife: WAC 232-12-011 Wildlife classified as protected shall not be hunted or fished and 232-12-014 Wildlife classified as endangered species.

Hearing Location(s): Fish and Wildlife Commission Meeting, Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501, on Friday, November 4-5, 2016, at 8:00 a.m.

Date of Intended Adoption: On or after December 9, 2016.

Submit Written Comments to: Online http://wdfw.wa.gov/about/regulations/development.html, Wildlife Program, Attn: Administrative Rule Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail [e-mail], fax [phone], by October 14, 2016.

Assistance for Persons with Disabilities: Contact Tami Lininger by October 14, 2016, TTY [phone] or [phone].

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal will remove bald eagle and peregrine falcon from the state's sensitive species subcategory (WAC 232-12-011). However, as nongame birds the bald eagle and peregrine falcon shall remain protected species under WAC 232-12-011. These species will also continue to be protected under the federal Migratory Bird Treaty Act and the bald eagle is also protected under the federal Golden and Bald Eagle Act.

The proposal will reclassify American white pelican from state endangered (WAC 232-12-014) to the state's threatened species subcategory (WAC 232-12-011).

In addition, the proposal will reclassify the North American (Canada) lynx and marbled murrelet from the state's threatened species subcategory (WAC 232-12-011) to state endangered (WAC 232-12-014).

Reasons Supporting Proposal: The department has reviewed all relevant data pertaining to the population status of bald eagle, peregrine falcon, American white pelican, North American (Canada) lynx, and marbled murrelet in Washington. Protection measures to recover the bald eagle have abated primary threats allowing the species to make an incredible recovery both within Washington as well as nationally. While there are still potential threats across the landscape, the preponderance of evidence suggests that the bald eagle population continues to grow despite those threats. Like bald eagle, primary threats to peregrine falcons have been ameliorated and the current population demographics and positive growth trajectory warrant removal from the state's list of endangered, threatened, and sensitive species.

Concurrent with range wide increases, the numbers of American white pelicans observed in Washington have increased substantially in the last thirty years, although with just a single population in Washington the species remains vulnerable.

Information on the North American (Canada) lynx indicates that the state population has declined likely largely from the loss of suitable habitat due to wildfires. Washington's marbled murrelet population has continued to decline due to a number of factors, including loss and fragmentation of suitable nesting habitat, nest predation, and changes in availability of prey in the marine environment.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.055, and 77.12.047.

Statute Being Implemented: RCW 77.04.012, 77.04.013, 77.04.055, and 77.12.047.

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

Name of Proponent: [Department of fish and wildlife], governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Eric Gardner, 600 Capitol Way North, Olympia, WA 98501-1091, [phone]; and Enforcement: Chief Chris Anderson, 600 Capitol Way North, Olympia, WA 98501-1091, [phone].

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rule changes do not impact small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. No hydraulics are involved in these rule changes.

September 19, 2016

Scott Bird

Rules Coordinator

AMENDATORY SECTION (Amending WSR 15-10-021, filed 4/27/15, effective 5/28/15)

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
((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
American white pelican	Pelecanus erythrorhynchos

(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.

AMENDATORY SECTION (Amending WSR 16-11-023, filed 5/6/16, effective 6/6/16)

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))
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
North American lynx	Lynx canadensis
marbled murrelet	Brachyramphus marmoratus