[Filed June 22, 2021, 11:02 a.m.]

Preproposal statement of inquiry was filed as WSR 20-21-057 on October 14, 2020.

Title of Rule and Other Identifying Information: WAC 220-200-100 Wildlife classified as protected shall not be hunted or fished and 220-610-010 Wildlife classified as endangered species.

Hearing Location(s): On August 6-7, 2021, at 8:00 a.m., webinar. This meeting will take place by webinar. The public may participate in the meeting. Visit our website at http://wdfw.wa.gov/about/commission/meetings or contact the commission office at 360-902-2267 or commission@dfw.wa.gov for instruction on how to join the meeting.

Date of Intended Adoption: August 27, 2021.

Submit Written Comments to: Wildlife Program, P.O. Box 43200, Olympia, WA 98504, email 24884@PublicInput.com, fax 360-902-2162. Website for public comments https://publicinput.com/T4554. Questions about this rule proposal heather.bonagofski@dfw.wa.gov, by July 15, 2021.

Assistance for Persons with Disabilities: Contact title VI/ADA compliance coordinator, phone 360-902-2349, TTY 711, email Title6@dfw.wa.gov. For more information see https://wdfw.wa.gov/accessibility/requests-accommodation, by July 30, 2021.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule proposal reclassifies the ferruginous hawk from threatened to endangered in the state of Washington under WAC 220-610-010. Anticipated effects include the additional recognition and prioritization of the conservation need and actions around ferruginous hawk. If the status change is adopted, ferruginous hawk will be removed from WAC 220-200-100 "Wildlife classified as protected shall not be hunted or fished," and added to WAC 220-610-010 "Wildlife classified as endangered species."

Reasons Supporting Proposal: The ferruginous hawk is largely restricted to grasslands and shrubsteppe habitats. Conversion of native grasslands and arid shrublands to agriculture, urbanization, and the degradation of rangelands have contributed to the loss of nesting and foraging habitat on its breeding range in Washington. Degradation of fall and winter ranges frequented by Washington's hawks in migration and the nonbreeding period has been documented through satellite monitoring. Reductions in prey base on the breeding range and depressed prey populations encountered during migration on fall and winter ranges are likely a significant factor in the decline of Washington's breeding population of ferruginous hawks.

The breeding population of ferruginous hawks in Washington is in sustained decline. Between 1974 and 2016, there have been significant declines in nesting territory occupancy, nest success, and productivity. Additionally, the percentage of surveyed nesting territories supporting breeding pairs has significantly declined in the core breeding range of the species in Benton and Franklin counties. The distribution of breeding pairs statewide also appears to have contracted since the 1990s. There has been no improvement in habitat conditions or amelioration of primary threats, and therefore the recommendation is to reclassify the ferruginous hawk from threatened to endangered status in Washington.

For more information see the Periodic Status Review for the Ferruginous Hawk at https://wdfw.wa.gov/publications/02210.

An environmental review under the State Environmental Policy Act has been done for this proposal. These documents are at https://wdfw.wa.gov/licenses/environmental/sepa/open-comments.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.[0]13, 77.04.055, 77.12.020, and 77.12.047.

Statute Being Implemented: RCW 77.04.012, 77.04.[0]13, 77.04.055, 77.12.020, and 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Eric Gardner, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2515; Enforcement: Steve Bear, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2373.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed period status review for the ferruginous hawk does not require a cost-benefit analysis per RCW 34.05.328.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: The proposed rule does not affect small businesses because the change from threatened to endangered status does not result in additional costs or regulatory requirements for any businesses.

AMENDATORY SECTION(Amending WSR 18-17-153, filed 8/21/18, effective 9/21/18)

WAC 220-200-100Wildlife 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
sea otter	Enhydra lutris
ferruginous hawk	Buteo regalis
green sea turtle	Chelonia mydas
greater sage grouse	Centrocercus urophasianus
Mazama pocket gopher	Thomomys mazama
American white pelican	Pelecanus erythrorhynchos

(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 robustus
Common Loon	Gavia immer
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	Tamias minimus
yellow-pine chipmunk	Tamias amoenus
Townsend's chipmunk	Tamias townsendii
red-tailed chipmunk	Tamias ruficaudus
hoary marmot	Marmota caligata
Olympic marmot	Marmota olympus
Cascade golden-mantled ground squirrel	Callospermophilus saturatus
golden-mantled ground squirrel	Callospermophilus lateralis
Washington ground squirrel	Urocitellus washingtoni
red squirrel	Tamiasciurus hudsonicus
Douglas squirrel	Tamiasciurus douglasii
northern flying squirrel	Glaucomys sabrinus
Humboldt's flying squirrel	Glaucomys oregonensis
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.

AMENDATORY SECTION(Amending WSR 21-07-019, filed 3/5/21, effective 4/5/21)

WAC 220-610-010Wildlife classified as endangered species.

Endangered species include:

Common Name	Scientific Name
Oregon vesper sparrow	Pooecetes gramineus affinis
pygmy rabbit	Brachylagus idahoensis
fisher	Pekania pennanti
gray wolf	Canis lupus
grizzly bear	Ursus arctos
killer whale	Orcinus orca
sei whale	Balaenoptera borealis
fin whale	Balaenoptera physalus
blue whale	Balaenoptera musculus
humpback whale	Megaptera novaeangliae
North Pacific right whale	Eubalaena japonica
sperm whale	Physeter macrocephalus
Columbian white-tailed deer	Odocoileus virginianus leucurus
woodland caribou	Rangifer tarandus caribou
Columbian sharp-tailed grouse	Tympanuchus phasianellus columbianus
sandhill crane	Grus canadensis
snowy plover	Charadrius nivosus
upland sandpiper	Bartramia longicauda
spotted owl	Strix occidentalis
western pond turtle	Clemmys marmorata
leatherback sea turtle	Dermochelys coriacea
mardon skipper	Polites mardon
Oregon silverspot butterfly	Speyeria zerene hippolyta
Oregon spotted frog	Rana pretiosa
northern leopard frog	Rana pipiens
Taylor's checkerspot	Euphydryas editha taylori
Streaked horned lark	Eremophila alpestris strigata
Tufted puffin	Fratercula cirrhata
North American lynx	Lynx canadensis
marbled murrelet	Brachyramphus marmoratus
Loggerhead sea turtle	Caretta caretta
Yellow-billed cuckoo	Coccyzus americanus
Pinto abalone	Haliotis kamtschatkana
Greater sage grouse	Centrocercus urophasianus
Ferruginous hawk	Buteo regalis

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.