WSR 98-05-084

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed February 18, 1998, 10:19 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-01-174.

Title of Rule: To amend WAC 232-12-011 Wildlife classified as protected shall not be hunted or fished.

Purpose: To amend WAC 232-12-011 Wildlife classified as protected shall not be hunted or fished, by adding two species to the state's list of threatened species.

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: Adds the sage grouse and the sharp-tailed grouse to protected wildlife designated as threatened species in Washington.

Reasons Supporting Proposal: Sage grouse and sharp-tailed grouse populations have declined throughout all or a significant portion of their range in Washington due to loss of habitat and now number fewer than 1,000 individuals each. Two small populations of sage grouse remain in the state and are threatened by potential catastrophic fire, impacts of military training, and the instability of the federal Conservation Reserve Program. Eight fragmented populations of sharp-tailed grouse remain in the state; four are under immediate threat of extirpation, with less than twenty-five birds each. Sharp-tailed grouse in Washington are at risk due to isolation of small subpopulations in degraded habitats, continued population decline, severe habitat alteration and fragmentation, and the lack of management plans and agreements that would ensure long-term maintenance of habitat.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Management, Olympia, (360) 902-2504; and Enforcement: Ron Swatfigure, Assistant Director, Enforcement, Olympia, (360) 902-2932.

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: WAC 232-12-011, identifies species of wild animals to be managed by the Department of Fish and Wildlife as protected species in one of three categories: Threatened, sensitive, and other protected wildlife. This amendment adds sage grouse and sharp-tailed grouse as threatened species. Threatened species are in need of special management consideration to recover populations to healthy levels and to keep them from becoming endangered. Land managing agencies and local, state and federal governments may use these lists to consider the needs of species of special concern in land management decisions.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Doubletree Hotel, 1225 North Wenatchee Avenue, Wenatchee, WA 98801, phone (509) 663-0711, on April 3-4, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by March 25, 1998, 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) 902-2940, by March 25, 1998.

Date of Intended Adoption: April 3, 1998.

February 18, 1998

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION [(Amending Order 97-167, filed 8/25/97, effective 9/25/97)]

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

Aleutian Canada goose Branta canadensis

leucopareia

bald eagle Haliaeetus leucocephalus

ferruginous hawk Buteo regalis

marbled murrelet Brachyramphus

marmoratus

green sea turtle Chelonia mydas

loggerhead sea turtle Caretta caretta

sage grouse Centrocercus urophasianus

sharp-trailed grouse Phasianus columbianus

(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

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, 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.

[Statutory Authority: RCW 77.12.020. 97-18-019 (Order 97-167), 232-12-011, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040, 77.12.020, 77.12.030 and 77.32.220. 97-12-048, 232-12-011, filed 6/2/97, effective 7/3/97. 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.]