[Order 23-02—Filed March 20, 2023, 10:50 a.m.]

Preproposal statement of inquiry was filed as WSR 23-04-011 on January 19, 2023.

Title of Rule and Other Identifying Information: Periodic status review, American white pelican. WAC 220-200-100 Wildlife classified as protected shall not be hunted or fished.

Hearing Location(s): On May 12, 2023, at 8:00 a.m., web conference. Join from a PC, Mac, iPad, iPhone or Android device https://us06web.zoom.us/j/82426107514; or One-tap mobile +12532158782,,82426107514# US (Tacoma), +16699006833,,82426107514# US (San Jose). 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: On or after May 12, 2023.

Submit Written Comments to: Wildlife Program, P.O. Box 43200, Olympia, WA 98504, email white-pelican@PublicInput.com, fax 360-902-2162, http://publicinput.com/c5076#1, phone 855-925-2801, project code 9587, by May 5, 2023.

Assistance for Persons with Disabilities: Contact Title VI/ADA compliance coordinator, phone 360-902-2349, TTY 1-800-833-6388 or 711, email Title6@dfw.wa.gov, http://wdfw.wa.gov/accessibility/requests-accommodation, by May 5, 2023.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule amendment proposal, if finalized, would reclassify the American white pelican within WAC 220-200-100 Wildlife classified as protected shall not be hunted or fished, from threatened to sensitive.  Anticipated effects include a lower level of conservation concern for the species and advancement towards their recovery. WAC 220-610-110(11.1) guides the Washington department of fish and wildlife (WDFW) to draft a management plan for sensitive species, rather than a recovery plan (as applicable to endangered and threatened species). If the status change is adopted, white pelican will be removed from the list of threatened species in WAC 220-200-100 Wildlife classified as protected shall not be hunted or fished, and added to the list of sensitive species under the same WAC.

This same species was presented and voted on in front of the fish and wildlife commission in the fall of 2022 alongside the Cascade red fox status report and listing decision. This proposal will reinitiate the same rule-making decision on American white pelican that was presented in 2022.

Reasons Supporting Proposal: On October 7, 2022, the fish and wildlife commission voted to downlist the American white pelican to a sensitive species as recommended by agency staff. Because of a procedural issue, we need to reinitiate rule making with a new vote on this species. The information presented is the same information presented in the fall of 2022 and agency staff are still recommending a downlisting from threatened to sensitive for the American white pelican.

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 leaving their 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, 77.04.055, 77.12.020, and 77.12.047.

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

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

Agency comments or recommendations, if any, as to statutory language, implementation, enforcement, and fiscal matters: None.

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.

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).

Scope of exemption for rule proposal:

AMENDATORY SECTION(Amending WSR 23-06-035, filed 2/23/23, effective 3/26/23)

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
American white pelican	Pelecanus erythrorhynchos
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.