WSR 22-22-041
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 22-13—Filed October 26, 2022, 8:34 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 22-18-049 on August 30, 2022.
Title of Rule and Other Identifying Information: Periodic status review: Columbian white-tailed deer. WAC 220-200-100 and 220-610-010.
Hearing Location(s): On December 9-10, 2022, at 8:00 a.m., Clarkston, Washington. Information on how to register to testify at the public hearing is available at http://wdfw.wa.gov/about/commission.meetings, or by contacting the commission office at 360-902-2267.
Date of Intended Adoption: On or after December 9, 2022.
Submit Written Comments to: Wildlife Program, P.O. Box 43200, Olympia, WA 98504, email WhiteTailedDeer@PublicInput.com, fax 360-902-2162, https://publicinput.com/WhiteTailedDeer, by November 23, 2022. SEPA comments whitetaileddeersepa@PublicInput.com, phone 855-925-2801, project code: 4007.
Assistance for Persons with Disabilities: Contact Title VI/ADA compliance coordinator, phone 360-902-2349, TTY 711, email Title6@dfw.wa.gov, http://wdfw.wa.gov/accessibility/requests-accommodation, by November 23, 2022.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Due to conservation gains, in particular the success of translocated populations, Columbian white-tailed deer may no longer meet the definition of endangered in the state of Washington. We propose changing their classification to threatened to better align with the definition, reflect the reduced conservation concern, and highlight the success.
Reasons Supporting Proposal: We are no longer uncertain about the viability of the Ridgefield subpopulation given the encouraging projections of the viability assessment for the subpopulation. We are now much more confident that the deer at Ridgefield have established into a viable subpopulation with significant growth potential.
With this development, we believe the lower Columbia River population no longer fits the definition of endangered as it is no longer under serious threat of extinction (WAC 220-610-010).
The Washington department of fish and wildlife (WDFW) thus recommends reclassifying the Columbian white-tailed deer to threatened.
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; 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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Scope of exemption for rule proposal:
Is fully exempt.
October 26, 2022
Chris Fredley
Agency Rules Analyst
NEW SECTION [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 |
Mazama pocket gopher | Thomomys mazama |
American white pelican | Pelecanus erythrorhynchos |
Columbian white-tailed deer | Odocoileus virginianus leucurus |
(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.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
NEW SECTION [AMENDATORY SECTION(Amending WSR 21-20-010, filed 9/23/21, effective 10/24/21)]
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: The bracketed material preceding the section above was supplied by the code reviser's office.