BILL REQ. #:  S-3621.1 

Read first time 01/16/12.   Referred to Committee on Energy, Natural Resources & Marine Waters.

     AN ACT Relating to removing state and local protections for the Mazama pocket gopher; amending RCW 77.12.020; adding a new section to chapter 36.70A RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that in November 2005, the department of fish and wildlife issued a species status report for the Mazama pocket gopher that recommended the species be classified as threatened, meaning the species was likely to become endangered in the foreseeable future. In 2006, the fish and wildlife commission classified the Mazama pocket gopher as threatened. Such a classification requires the department of fish and wildlife to write a recovery plan and conduct a species status review of the species at least every five years after the listing. Since listing the Mazama pocket gopher for state protection, the department of fish and wildlife has failed to conduct an updated status report or a recovery plan for the gopher as required by law. In the meantime, local jurisdictions planning under the growth management act have proposed or implemented, or both, stringent development regulations burdening property owners in order to protect the gopher. The legislature finds that scientific studies have not shown that the Mazama pocket gopher is likely to become endangered in the foreseeable future and thus the species does not warrant protection by the state.

Sec. 2   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 an endangered species. However, the commission may not classify the Mazama pocket gopher (Thomomys mazama) as a threatened or endangered species.
     (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. 3   A new section is added to chapter 36.70A RCW to read as follows:
     Cities and counties may not apply critical areas ordinances under RCW 36.70A.060(2) to protect the Mazama pocket gopher (Thomomys mazama).