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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.