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.

Legislature Code Reviser

Register

Washington State Code Reviser's Office