[Filed May 18, 2022, 10:02 a.m.]

Preproposal statement of inquiry was filed as WSR 20-21-058 on October 14, 2020, and 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.

Hearing Location(s): On June 24-25, 2022, at 8:00 a.m., at Natural Resources Building (NRB), Room 172, 1111 Washington Street S.E., Olympia, WA 98501. Information on how to register to testify at the public hearing is available at http://wdfw.wa.gov/about/commission/meetings or contact the commission office at 360-902-2267.

Date of Intended Adoption: August 5, 2022.

Submit Written Comments to: Wildlife Program, P.O. Box 43200, Olympia, WA 98504, email RedFoxCR102@PublicInput.com, WhitePelicanCR102@PublicInput.com, fax 360-902-2162, voicemail comments 855-925-2801, red fox project code 4936, white pelican project code 7748, SEPA comments https://publicinput.com/RedFoxWhitePelican or email to RedFoxWhitePelican@PublicInput.com, comment websites https://publicinput.com/RedFox102, https://publicinput.com/whitepelican102, by June 27, 2022.

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 June 27, 2022.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed amendments to WAC 220-200-100, if adopted, would classify the Cascade red fox as "threatened" in the state of Washington and reclassify the white pelican from "threatened" to "sensitive."

If the proposed amendments are adopted by the commission, the Cascade red fox would be classified as "threatened" and the American white pelican would be downlisted to "sensitive." The proposed amendments, if approved, would include the additional regulation and enforcement of wildlife classified as "threatened" identified in RCW 77.15.120. The Washington department of fish and wildlife (WDFW) would also initiate work on a recovery plan for the species according to WAC 220-610-110.

Reasons Supporting Proposal: The Cascade red fox (Vulpes vulpes cascadensis) is a subspecies of red fox that historically occurred in subalpine meadow, parkland, upper montane forest, and alpine habitats of the Cascade Range of Washington and southern British Columbia. Lack of detections of Cascade red foxes in British Columbia in recent decades indicate that this species is now restricted to Washington. A southward range contraction appears to have occurred within Washington within recent decades, as the only known population now occurs in the South Cascades (south of the I-90 corridor). It now occurs within ≤ 50 percent of its historical range in the state.

The western population of white pelicans has recovered substantially and given the size of the Badger Island colony and number of nonbreeding white pelicans in Washington during the past several years, a change in listing could be considered. The species remains somewhat vulnerable, however, as only the single colony regularly forms in Washington, and white pelican colonies are highly sensitive to disturbances; adults will desert and/or leave eggs and young exposed to predation following disturbances. We recommend the species be downlisted to "sensitive". A sensitive species is "vulnerable or declining and is likely to become endangered or threatened in a significant portion of its range within the state without cooperative management or removal of threats" (WAC 220‐610‐110).

Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, 77.12.020, 77.12.047, and 77.12.240.

Statute Being Implemented: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, 77.12.020, 77.12.047, and 77.12.240.

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

Name of Proponent: WDFW, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Eric Gardner, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2515; and 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 periodic status review for the Cascade red fox and white pelican 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 addition and downlisting of a periodic status review does not affect small businesses.

AMENDATORY SECTION(Amending WSR 21-20-010, filed 9/23/21, effective 10/24/21)

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
green sea turtle	Chelonia mydas
Cascade red fox	Vulpes vulpes cascadensis
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
American white pelican	Pelecanus erythrorhynchos
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.