15-10-021  

  • WSR 15-10-021
    PERMANENT RULES
    DEPARTMENT OF
    FISH AND WILDLIFE
    [Order 14-95-Filed April 27, 2015, 9:15 a.m., effective May 28, 2015]
    Effective Date of Rule: Thirty-one days after filing.
    Purpose: To remove Steller sea lions from the list of threatened species in WAC 232-12-011 Wildlife classified as protected shall not be hunted or fished. This removal is based on department review of all relevant data that show that the Washington Steller sea lion population has strongly increased in number, indicating the species no longer needs to be listed as threatened. As a mammal of the order Pinnipedia, the Steller sea lion will continue to be protected under WAC 232-12-011 under other protected wildlife.
    Citation of Existing Rules Affected by this Order: Amending WAC 232-12-011.
    Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.020, and 77.12.047.
    Adopted under notice filed as WSR 15-01-139 on December 19, 2014.
    Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
    Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
    Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
    Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
    Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
    Date Adopted: April 10, 2015.
    Brad Smith, Chair
    Fish and Wildlife Commission
    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.

Document Information

Effective Date:
5/28/2015