16-06-127  

  • WSR 16-06-127
    PROPOSED RULES
    DEPARTMENT OF
    FISH AND WILDLIFE
    [Filed March 2, 2016, 10:31 a.m.]
    Original Notice.
    Preproposal statement of inquiry was filed as WSR 16-01-193 on December 23, 2015.
    Title of Rule and Other Identifying Information: The department is considering the removal of the brown pelican from the state's endangered species list (WAC 232-12-014). 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 April 8-9, 2016, at 8:00 a.m.
    Date of Intended Adoption: On or after April 8, 2016.
    Submit Written Comments to: Online http://wdfw.wa.gov/about/regulations/development.html, Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2162, by March 23, 2016.
    Assistance for Persons with Disabilities: Contact Tami Lininger by March 25, 2016, TTY (800) 833-6388 or (360) 902-2267.
    Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal will remove the brown pelican from the list of wildlife species classified as endangered in Washington (WAC 232-12-014). However, as a nongame bird, the brown pelican shall remain a protected species under WAC 232-12-011. This species will also continue to be protected under the federal Migratory Bird Treaty Act.
    Reasons Supporting Proposal: The department has reviewed all relevant data pertaining to the population status of brown pelicans in Washington. This data shows that the number of brown pelicans occurring in Washington has increased markedly since the 1980s, likely as a result of increasing abundances of forage fish due to changes in ocean conditions, and perhaps the recovery of the Southern California Bight population. Natural fluctuations in ocean conditions and forage fish abundance have caused changes in pelican numbers in Washington in the past, and will again in the future. While threats such as forage fish declines, ocean warming, toxic algae blooms, and climate change present some uncertainty about the future trend in California brown pelican populations, at this time robust numbers (>10,000) still occur seasonally in our state and they are not immediately threatened.
    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.
    Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The public may also submit comments on the proposed rule changes online at http://wdfw.wa.gov/about/regulations/development.html.
    Dates related to these proposed rules:
    March 23, 2016: Deadline for the public to submit written comments on the rules.
    April 8-9, 2016: The department will ask the fish and wildlife commission to adopt the rule changes at the April commission meeting.
    Name of Proponent: Washington department of fish and wildlife, governmental.
    Name of Agency Personnel Responsible for Drafting and Implementation: Nate Pamplin, Natural Resources Building, Olympia, (360) 902-2515; and Enforcement: Steven Crown, Natural Resources Building, Olympia, (360) 902-2936.
    No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not impact small businesses.
    A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.
    March 2, 2016
    Jacalyn M. Hursey
    Acting Rules Coordinator
    AMENDATORY SECTION (Amending WSR 15-10-022, filed 4/27/15, effective 5/28/15)
    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