WSR 21-20-010
PERMANENT RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 21-196—Filed September 23, 2021, 10:32 a.m., effective October 24, 2021]
Effective Date of Rule: Thirty-one days after filing.
Purpose: A large area of the ferruginous hawk's habitat is grasslands and shrubsteppe. Washington's drastic landscape development has altered the ferruginous hawk's breeding range. Native grasslands and arid shrublands have transformed into agriculture and urbanization. Also, there has been a decline in condition on rangelands. All these factors contribute to the loss of nesting and foraging habitat.
The reduction of prey on the breeding range and landscape during migration speak to the decline of Washington's breeding population. The breeding population of ferruginous hawks in Washington is in a sustained decline. Between 1974 and 2016, there have been significant declines in nesting territory occupancy, nest success, and productivity. Additionally, the percentage of surveyed nesting territories supporting breeding pairs has declined in the core breeding range of the species in Benton and Franklin counties. The distribution of breeding pairs statewide also appears to have shrunk since the 1990s.
With the lack of improvement in habitat conditions or movement to address the primary threats, the ferruginous hawk is now classified as endangered in Washington.
Washington department of fish and wildlife classified the ferruginous hawk as endangered in the state of Washington under WAC 220-610-010. The reason we adopted the rule is to draw attention to the growing conservation concern around this species and further prioritize it internally and externally with our conservation partners. The species meets the definition of endangered as defined in WAC 220-610-110 and will now fall under regulations and enforcement in RCW
77.15.120.
Citation of Rules Affected by this Order: Amending WAC 220-200-100 and 220-610-010.
Adopted under notice filed as WSR 21-13-139 on June 22, 2021.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: August 27, 2021.
Larry M. Carpenter
for Larry Smith, Chair
Fish and Wildlife Commission
OTS-3308.1
AMENDATORY SECTION(Amending WSR 21-13-032, filed 6/10/21, effective 7/11/21)
WAC 220-200-100Wildlife 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 |
sea otter | Enhydra lutris |
((ferruginous hawk | Buteo regalis)) |
green sea turtle | Chelonia mydas |
Mazama pocket gopher | Thomomys mazama |
American white pelican | Pelecanus erythrorhynchos |
(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 robustus |
Common Loon | Gavia immer |
Larch Mountain salamander | 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 | Tamias minimus |
yellow-pine chipmunk | Tamias amoenus |
Townsend's chipmunk | Tamias townsendii |
red-tailed chipmunk | Tamias ruficaudus |
hoary marmot | Marmota caligata |
Olympic marmot | Marmota olympus |
Cascade golden-mantled ground squirrel | Callospermophilus saturatus |
golden-mantled ground squirrel | Callospermophilus lateralis |
Washington ground squirrel | Urocitellus washingtoni |
red squirrel | Tamiasciurus hudsonicus |
Douglas squirrel | Tamiasciurus douglasii |
northern flying squirrel | Glaucomys sabrinus |
Humboldt's flying squirrel | Glaucomys oregonensis |
wolverine | Gulo gulo |
painted turtle | Chrysemys picta |
California mountain kingsnake | 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; 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.
OTS-3309.1
AMENDATORY SECTION(Amending WSR 21-13-032, filed 6/10/21, effective 7/11/21)
WAC 220-610-010Wildlife classified as endangered species.
Endangered species include:
Common Name | Scientific Name |
Oregon vesper sparrow | Pooecetes gramineus affinis |
pygmy rabbit | Brachylagus idahoensis |
fisher | Pekania pennanti |
gray wolf | Canis lupus |
grizzly bear | Ursus arctos |
killer whale | Orcinus orca |
sei whale | Balaenoptera borealis |
fin whale | Balaenoptera physalus |
blue whale | Balaenoptera musculus |
humpback whale | Megaptera novaeangliae |
North Pacific right whale | Eubalaena japonica |
sperm whale | Physeter macrocephalus |
Columbian white-tailed deer | Odocoileus virginianus leucurus |
woodland caribou | Rangifer tarandus caribou |
Columbian sharp-tailed grouse | Tympanuchus phasianellus columbianus |
sandhill crane | Grus canadensis |
snowy plover | Charadrius nivosus |
upland sandpiper | Bartramia longicauda |
spotted owl | Strix occidentalis |
western pond turtle | Clemmys marmorata |
leatherback sea turtle | Dermochelys coriacea |
mardon skipper | Polites mardon |
Oregon silverspot butterfly | 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 |
North American lynx | Lynx canadensis |
marbled murrelet | Brachyramphus marmoratus |
Loggerhead sea turtle | Caretta caretta |
Yellow-billed cuckoo | Coccyzus americanus |
Pinto abalone | Haliotis kamtschatkana |
Greater sage grouse | Centrocercus urophasianus |
Ferruginous hawk | Buteo regalis |