BILL REQ. #: H-3116.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Prefiled 12/20/11. Read first time 01/09/12. Referred to Committee on Agriculture & Natural Resources.
AN ACT Relating to the regional management of mammalian apex predators; amending RCW 77.12.020; adding a new section to chapter 77.12 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 77.12.020 and 2002 c 281 s 3 are each amended to read
as follows:
(1) The director shall investigate the habits and distribution of
the various species of wildlife native to or adaptable to the habitats
of the state. The commission shall determine whether a species should
be managed by the department and, if so, classify it under this
section.
(2) The commission may classify by rule wild animals as game
animals and game animals as fur-bearing animals.
(3) The commission may classify by rule wild birds as game birds or
predatory birds. All wild birds not otherwise classified are protected
wildlife.
(4) In addition to those species listed in RCW 77.08.020, the
commission may classify by rule as game fish other species of the class
Osteichthyes that are commonly found in freshwater except those
classified as food fish by the director.
(5) The director may recommend to the commission that a species of
wildlife should not be hunted or fished. The commission may designate
species of wildlife as protected.
(6) If the director determines that a species of wildlife is
seriously threatened with extinction in the state of Washington, the
director may request its designation as an endangered species. The
commission may designate, and remove the designation for, an endangered
species consistent with section 2 of this act.
(7) If the director determines that a species of the animal
kingdom, not native to Washington, is dangerous to the environment or
wildlife of the state, the director may request its designation as
deleterious exotic wildlife. The commission may designate deleterious
exotic wildlife.
(8) Upon recommendation by the director, the commission may
classify nonnative aquatic animal species according to the following
categories:
(a) Prohibited aquatic animal species: These species are
considered by the commission to have a high risk of becoming an
invasive species and may not be possessed, imported, purchased, sold,
propagated, transported, or released into state waters except as
provided in RCW 77.15.253;
(b) Regulated aquatic animal species: These species are considered
by the commission to have some beneficial use along with a moderate,
but manageable risk of becoming an invasive species, and may not be
released into state waters, except as provided in RCW 77.15.253. The
commission shall classify the following commercial aquaculture species
as regulated aquatic animal species, and allow their release into state
waters pursuant to rule of the commission: Pacific oyster (Crassostrea
gigas), kumamoto oyster (Crassostrea sikamea), European flat oyster
(Ostrea edulis), eastern oyster (Crassostrea virginica), manila clam
(Tapes philippinarum), blue mussel (Mytilus galloprovincialis), and
suminoe oyster (Crassostrea ariankenisis);
(c) Unregulated aquatic animal species: These species are
considered by the commission as having some beneficial use along with
a low risk of becoming an invasive species, and are not subject to
regulation under this title;
(d) Unlisted aquatic animal species: These species are not
designated as a prohibited aquatic animal species, regulated aquatic
animal species, or unregulated aquatic animal species by the
commission, and may not be released into state waters. Upon request,
the commission may determine the appropriate category for an unlisted
aquatic animal species and classify the species accordingly;
(e) This subsection (8) does not apply to the transportation or
release of nonnative aquatic animal species by ballast water or ballast
water discharge.
(9) Upon recommendation by the director, the commission may develop
a work plan to eradicate native aquatic species that threaten human
health. Priority shall be given to water bodies that the department of
health has classified as representing a threat to human health based on
the presence of a native aquatic species.
NEW SECTION. Sec. 2 A new section is added to chapter 77.12 RCW
to read as follows:
(1) For mammalian apex predators only, if the commission has listed
a species statewide as endangered, threatened, or sensitive in
Washington under RCW 77.12.020, it must consider any petitions for
removing a species from classification under RCW 77.12.020, or changing
the classification of the species, on a regional basis.
(2) Regional changes to the listing status of a mammalian apex
predator must be based on the biological status of the species in the
proposed region, given the preponderance of scientific data available.
However, the commission must consider the parallel federal endangered
species act status of the species in question for the region where a
change in status is petitioned.
NEW SECTION. Sec. 3 (1) The fish and wildlife commission must
suspend any management plan or planning process for a mammalian apex
predator species listed as endangered, threatened, or sensitive in
Washington under RCW 77.12.020 if the species in question is not listed
as endangered under the federal endangered species act for the entirety
of the state of Washington's land mass.
(2) The suspension of any management plan affected by this section
may not be lifted unless the fish and wildlife commission amends the
plan to be consistent with any regional changes in species status
petitioned for under section 2 of this act.