WSR 02-06-122




[ Filed March 6, 2002, 10:27 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-02-056.

     Purpose: To amend WAC 232-12-011 Wildlife classified as endangered species and 232-12-014 Wildlife classified as protected shall not be hunted or fished.

     Amend WAC 232-12-014 and 232-12-011 to reclassify the peregrine falcon from an endangered species to a sensitive species.

     Statutory Authority for Adoption: RCW 77.12.047, 77.12.655, 77.12.020.

     Statute Being Implemented: RCW 77.12.047, 77.12.655, 77.12.020.

     Summary: WAC 232-12-014, removes the peregrine falcon from the list of endangered species.

     WAC 232-12-011, adds the peregrine falcon as a state sensitive species.

     Reasons Supporting Proposal: The peregrine falcon is currently listed as a state endangered species (WAC 232-12-014). The use of DDT reduced the state's population to only five known breeding pairs in 1980. The population has recovered dramatically in the past twenty years with the ban on DDT use after 1972, increased protection for nesting habitat, and reintroduction of birds in eastern Washington. In 2001, the population of nesting peregrine falcons increased to seventy-two known pairs in the state.

     The outlook for Washington's peregrine population is promising, although monitoring is warranted due to its small size, exposure to contaminants, and continued need to address management issues at individual sites. This population remains vulnerable due to its limited numbers. Environmental pollutants such as DDT have been demonstrated to impact peregrine populations across the species' broad geographic range. Because of the widespread presence of various industrial and agricultural chemicals in the environment, accumulations of these or other harmful pollutants may pose a threat to the ongoing recovery of Washington's population. Although eggshell thickness values have not returned to levels considered normal in the pre-DDT era, this does not appear to impair the growth of Washington's population. However, the department and cooperators continue to monitor the small number of known sites; and the department interacts with various landowners and agencies on disturbance and other issues that could jeopardize nest site occupancy at individual sites.

     For these reasons, the department believes Washington's peregrine population is no longer threatened with extinction in the state, but it requires continued cooperative management and should be down-listed to sensitive status, but not delisted. A state sensitive species is considered "a species native to the state of Washington that 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 232-12-297).

     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 232-12-014 identifies species of wild animals to be managed by the Department of Fish and Wildlife as endangered species; and WAC 232-12-011 identifies species to be managed as protected wildlife, subcategory threatened or sensitive species. This amendment changes the peregrine falcon from a state endangered species to a state sensitive species. Sensitive species are in need of special management consideration to maintain healthy population levels and prevent 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. One effect of this change will be that the state Forest Practices Act would no longer consider critical habitat for the peregrine falcon if it is not listed as endangered or threatened. This would have a minimal effect on the population because of the limited number of nest sites on state or private land that may be impacted by forest practices.

     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: Kittitas County Fairgrounds, 512 North Poplar, Ellensburg, WA 98926, on April 12-13, 2002, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Debbie Nelson by March 29, 2002, 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 25, 2002.

     Date of Intended Adoption: April 12, 2002.

March 6, 2002

Evan Jacoby

Rules Coordinator

AMENDATORY SECTION(Amending Order 00-05, filed 1/24/00, effective 2/24/00)

WAC 232-12-014   Wildlife classified as endangered species.   Endangered species include:

Common Name Scientific Name
pygmy rabbit Brachylagus idahoensis
fisher Martes pennanti
gray wolf Canis lupus
grizzly bear Ursus arctos
sea otter Enhydra lutris
sei whale Balaenoptera borealis
fin whale Balaenoptera physalus
blue whale Balaenoptera musculus
humpback whale Megaptera novaeangliae
black right whale Balaena glacialis
sperm whale Physeter macrocephalus
Columbian white-tailed


Odocoileus virginianus leucurus
woodland caribou Rangifer tarandus caribou
American white pelican Pelecanus erythrorhynchos
brown pelican Pelecanus occidentalis
((peregrine falcon)) ((Falco peregrinus))
sandhill crane Grus canadensis
snowy plover charadrius alexandrinus
upland sandpiper Bartramia longicauda
spotted owl Strix occidentalis
western pond turtle Clemmys marmorata
leatherback sea turtle Dermochelys coriacea
mardon skipper Polites mardon
Oregon silverspot


Speyeria zerene hippolyta
Oregon spotted frog Rana pretiosa
northern leopard frog Rana pipiens

[Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-04-017 (Order 00-05), § 232-12-014, filed 1/24/00, effective 2/24/00. Statutory Authority: RCW 77.12.020. 98-23-013 (Order 98-232), § 232-12-014, filed 11/6/98, effective 12/7/98; 97-18-019 (Order 97-167), § 232-12-014, filed 8/25/97, effective 9/25/97; 93-21-026 (Order 616), § 232-12-014, filed 10/14/93, effective 11/14/93. Statutory Authority: RCW 77.12.020(6). 88-05-032 (Order 305), § 232-12-014, filed 2/12/88. Statutory Authority: RCW 77.12.040. 82-19-026 (Order 192), § 232-12-014, filed 9/9/82; 81-22-002 (Order 174), § 232-12-014, filed 10/22/81; 81-12-029 (Order 165), § 232-12-014, filed 6/1/81.]

AMENDATORY SECTION(Amending Order 00-149, filed 8/16/00, effective 9/16/00)

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
Peregrine Falcon Falco peregrinus
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, the Sund Rock Marine Preserve, the Colvos Passage Marine Preserve, 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 77.12.047. 00-17-106 (Order 00-149), § 232-12-011, filed 8/16/00, effective 9/16/00. Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770. 00-10-001 (Order 00-47), § 232-12-011, filed 4/19/00, effective 5/20/00. 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.]

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