WSR 16-02-115

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 6, 2016, 9:53 a.m.]

Subject of Possible Rule Making: The department is considering a recommendation to reclassify lynx and marbled murrelet from the state's threatened species subcategory (WAC 232-12-011) to state endangered (WAC 232-12-014).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.04.012, 77.04.055, 77.12.020, and 77.12.047.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department has reviewed all relevant data pertaining to the population status of lynx and marbled murrelet in Washington. Information on lynx indicates that the state population has likely declined largely from the loss of suitable habitat to wildfires. Washington's marbled murrelet population has continued to decline due to a number of factors, including loss and fragmentation of suitable nesting habitat, nest predation, and changes in availability of prey in the marine environment.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: For lynx, federal and state agencies that regulate this species include the United States Fish and Wildlife Service and the Washington department of natural resources. For marbled murrelet, federal and state agencies that regulate this species include the United States Fish and Wildlife Service, United States Forest Service and the Washington department of natural resources.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Nate Pamplin, Wildlife Program Assistant Director, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2515, fax (360) 902-2162, e-mail Wildthing@dfw.wa.gov. Contact by February 12, 2016. Expected proposal filing on or after February 19, 2016.

January 6, 2016

Joanna M. Eide

Rules Coordinator