WSR 97-06-115
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
(Wildlife)
[Filed March 5, 1997, 10:24 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 97-01-111.
Title of Rule: To amend WAC 232-12-011 Protected species.
Purpose: Protect all bats, the Washington ground squirrel, and the California mountain kingsnake from killing, harming, or possessing.
Statutory Authority for Adoption: RCW 77.12.020, 77.12.030, 77.12.040, or 77.32.220.
Statute Being Implemented: RCW 77.12.020, 77.12.030, 77.12.040, or 77.32.220.
Summary: This proposal would classify all bats, the Washington ground squirrel, and the California mountain kingsnake as protected wildlife, subcategory "other."
Reasons Supporting Proposal: These species are vulnerable, rare, or declining, and are afforded little protection under current codes. Bats, especially in maternity and hibernating colonies, are highly vulnerable and at risk of killing and harassment. A scientific collecting permit is required to collect them, but it is not illegal to kill or harm them. Killing, harassment, and collection of these species has or could contribute to population declines.
Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Management Program, Olympia, (360) 902-2504; and Enforcement: Ron Swatfigure, Acting Assistant Director, Enforcement Program, Olympia, (360) 902-2927.
Name of Proponent: Washington Fish and Wildlife Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Classifying these vulnerable species as protected wildlife would make it illegal to kill or harm them.
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not affect small business.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Longview Elks Lodge, 1265 12th Avenue, Longview, WA 98632, on April 18-19, 1997, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by April 1, 1997, TDD (360) 902-2207, or (360) 902-2267.
Submit Written Comments to: Washington Department of Fish and Wildlife, Evan Jacoby, 600 Capitol Way North, Olympia, WA 98501-1091, FAX (360) 902-2930, by April 4, 1997.
Date of Intended Adoption: April 19, 1997.
March 5, 1997
Evan Jacoby
Legal Counsel
AMENDATORY SECTION [(Amending Order 615, filed 10/14/93)]
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
bald eagle Haliaeetus leucocephalus
ferruginous hawk Buteo regalis
marbled murrelet Brachyramphus
marmoratus
green sea turtle Chelonia mydas
loggerhead sea turtle Caretta caretta
(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
Larch Mountain
salamander Plethodon larselli
(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
fisher Martes pennanti
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; mammals of the order Cetacea, including whales, ((and)) 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.
[Statutory Authority: RCW 77.12.020. 93-21-027 (Order 615), 232-12-011, filed 10/14/93, effective 11/14/93; 90-11-065 (Order 441), 232-12-011, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW
77.12.040. 89-11-061 (Order 392), 232-12-011, filed 5/18/89; 82-19-026
(Order 192), 232-12-011, filed 9/9/82; 81-22-002 (Order 174), 232-12-011, filed 10/22/81; 81-12-029 (Order 165), 232-12-011, filed 6/1/81.]
NOTES:
Reviser's note: RCW 34.05.395 requires the use of underlining and
deletion marks to indicate amendments to existing rules, and deems
ineffectual changes not filed by the agency in this manner. The
bracketed material in the above section does not appear to conform to the
statutory requirement.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.