WSR 00-06-100




[ Filed March 1, 2000, 11:51 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-01-143.

Purpose: To amend WAC 232-12-011 Wildlife classified as protected shall not be hunted or fished by adding one species to the state's list of sensitive species.

Statutory Authority for Adoption: RCW 77.12.020.

Statute Being Implemented: RCW 77.12.020.

Summary: Adds the common loon to protected wildlife designated as sensitive species in Washington.

Reasons Supporting Proposal: The common loon is currently a rare breeder, but common migrant and wintering species in Washington. Fewer than ten nests are recorded in a typical year. About half of these are located on water bodies that are relatively inaccessible to people. Little information exists on the former distribution and abundance of common loons in Washington. Across North America, however, the common loon range contracted with the westward expansion of European settlers. Shoreline development, disturbance by human activities, and directed persecution toward the loon likely caused abandonment of some lakes where loons once nested. While human intrusions have not ceased, allowances for loons are sometimes made. Floating nest platforms, access restrictions, and educational campaigns have helped the current loon population to become somewhat stable at certain sites. The common loon is a rare breeding species and vulnerable to a number of threats (habitat loss and alteration, human disturbance, predation, and oil spills). Under current conditions, the loon population is not in imminent danger of extirpation. Loons require special management to breed in proximity to humans, and they are likely to become endangered or threatened without continued cooperative management and removal of threats.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Program, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Assistant Director, Enforcement, Olympia, (360) 902-2932.

Name of Proponent: Washington Department of Fish and Wildlife, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 232-12-011 identifies species of wild animals to be managed by the Department of Fish and Wildlife as protected species in one of three categories: Threatened, sensitive, and other protected wildlife. This amendment adds the common loon to protected wildlife designated as a sensitive species. Sensitive species are in need of special management consideration to keep them from becoming threatened or endangered. Land managing agencies and local, state and federal governments may use these lists to consider the needs of species of special concern in land management decisions.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This rule is not related to the hydraulics code.

Hearing Location: Yakima Convention Center, 10 North 8th Street, Yakima, WA, on April 7-8, 2000, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by March 31, 2000, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by March 31, 2000.

Date of Intended Adoption: April 7, 2000.

March 1, 2000

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION [(Amending Order 00-05, filed 1/24/00)]WAC 232-12-011
Wildlife 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
Steller (northern)

sea lion

Eumetopias jubatus
North American lynx Lynx canadensis
Aleutian Canada goose Branta Canadensis


bald eagle Haliaeetus leucocephalus
ferruginous hawk Buteo regalis
marbled murrelet Brachyramphus marmoratus
green sea turtle Chelonia mydas
loggerhead sea turtle Caretta caretta
sage grouse Centrocercus urophasianus
sharp-tailed grouse Phasianus columbianus

(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 gibbosus
Common Loon Gavia immer
Larch Mountain


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 Tamius minimus
yellow-pine chipmunk Tamius amoenus
Townsend's chipmunk Tamius townsendii
red-tailed chipmunk Tamius ruficaudus
hoary marmot Marmota caligata
Olympic marmot Marmota olympus


ground squirrel

Spermophilus saturatus

ground squirrel

Spermophilus lateralis
Washington ground


Spermophilus washingtoni
red squirrel Tamiasciurus hudsonicus
Douglas squirrel Tamiasciurus douglasii
northern flying squirrel Glaucomys sabrinus
wolverine Gulo gulo
painted turtle Chrysemys picta
California mountain


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; all wildlife within Titlow Beach Marine Preserve Area and the conservation areas defined in chapter 220-16 WAC; 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.

[Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-04-017 (Order 00-05), 232-12-011, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.020. 98-23-013 (Order 98-232), 232-12-011, filed 11/6/98, effective 12/7/98. Statutory Authority: RCW 77.12.040. 98-10-021 (Order 98-71), 232-12-011, filed 4/22/98, effective 5/23/98. Statutory Authority: RCW 77.12.040 and 75.08.080. 98-06-031, 232-12-011, filed 2/26/98, effective 5/1/98. Statutory Authority: RCW 77.12.020. 97-18-019 (Order 97-167), 232-12-011, filed 8/25/97, effective 9/25/97. Statutory Authority: RCW 77.12.040, 77.12.020, 77.12.030 and 77.32.220. 97-12-048, 232-12-011, filed 6/2/97, effective 7/3/97. Statutory Authority: RCW 77.12.020. 93-21-027 (Order 615), 232-12-011, filed 10/14/93, effective 11/14/93; 90-11-065 (Order 441), 232-12-011, filed 5/15/90, effective 6/15/90. Statutory Authority: RCW 77.12.040. 89-11-061 (Order 392), 232-12-011, filed 5/18/89; 82-19-026 (Order 192), 232-12-011, filed 9/9/82; 81-22-002 (Order 174), 232-12-011, filed 10/22/81; 81-12-029 (Order 165), 232-12-011, filed 6/1/81.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Washington State Code Reviser's Office