WSR 97-12-048

PERMANENT RULES

FISH AND WILDLIFE

COMMISSION

(Wildlife)

[Filed June 2, 1997, 4:59 p.m.]

Date of Adoption: April 19, 1997.

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

Statutory Authority for Adoption: RCW 77.12.040.

Other Authority: RCW 77.12.020, 77.12.030, 77.32.220.

Adopted under notice filed as WSR 97-06-115 on March 5, 1997.

Changes Other than Editing from Proposed to Adopted Version: The adopted version of WAC 232-12-011 differs from the version filed with the code reviser in the following specifics:

Add wording, "except when found in or immediately adjacent to a dwelling or other occupied building," referring to bats.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

May 2, 1997

Lisa Pelly

Chair

AMENDATORY SECTION (Amending Order 615, filed 10/14/93, effective 11/14/93)

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])) 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

Washington ground

squirrel Spermophilus washingtoni

golden-mantled

ground squirrel Spermophilus lateralis

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 (([,] [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.

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