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.
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:
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