WSR 16-06-127
[Filed March 2, 2016, 10:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-01-193 on December 23, 2015.
Title of Rule and Other Identifying Information: The department is considering the removal of the brown pelican from the state's endangered species list (WAC 232-12-014). Delisting criteria are described in WAC 232-12-297 (4.1) and (4.2). The agency is initiating the delisting process in accordance with WAC 232-12-297(6.1.1).
Hearing Location(s): Natural Resource[s] Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501, on April 8-9, 2016, at 8:00 a.m.
Date of Intended Adoption: On or after April 8, 2016.
Submit Written Comments to: Online, Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501, e-mail, fax (360) 902-2162, by March 23, 2016.
Assistance for Persons with Disabilities: Contact Tami Lininger by March 25, 2016, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal will remove the brown pelican from the list of wildlife species classified as endangered in Washington (WAC 232-12-014). However, as a nongame bird, the brown pelican shall remain a protected species under WAC 232-12-011. This species will also continue to be protected under the federal Migratory Bird Treaty Act.
Reasons Supporting Proposal: The department has reviewed all relevant data pertaining to the population status of brown pelicans in Washington. This data shows that the number of brown pelicans occurring in Washington has increased markedly since the 1980s, likely as a result of increasing abundances of forage fish due to changes in ocean conditions, and perhaps the recovery of the Southern California Bight population. Natural fluctuations in ocean conditions and forage fish abundance have caused changes in pelican numbers in Washington in the past, and will again in the future. While threats such as forage fish declines, ocean warming, toxic algae blooms, and climate change present some uncertainty about the future trend in California brown pelican populations, at this time robust numbers (>10,000) still occur seasonally in our state and they are not immediately threatened.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.020, and 77.12.047.
Statute Being Implemented: RCW 77.04.012, 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: The public may also submit comments on the proposed rule changes online at
Dates related to these proposed rules:
March 23, 2016: Deadline for the public to submit written comments on the rules.
April 8-9, 2016: The department will ask the fish and wildlife commission to adopt the rule changes at the April commission meeting.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Nate Pamplin, Natural Resources Building, Olympia, (360) 902-2515; and Enforcement: Steven Crown, Natural Resources Building, Olympia, (360) 902-2936.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not impact small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics.
March 2, 2016
Jacalyn M. Hursey
Acting Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-10-022, filed 4/27/15, effective 5/28/15)
WAC 232-12-014 Wildlife classified as endangered species.
Endangered species include:
Common Name
Scientific Name
pygmy rabbit
Brachylagus idahoensis
Martes pennanti
gray wolf
Canis lupus
grizzly bear
Ursus arctos
sea otter
Enhydra lutris
killer whale
Orcinus orca
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))
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
Taylor's checkerspot
Euphydryas editha taylori
Streaked horned lark
Eremophila alpestris strigata
Tufted puffin
Fratercula cirrhata