WSR 97-14-090

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Filed July 2, 1997, 9:30 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-21-096.

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

Purpose: WAC 232-12-011, to add species to the state's list of threatened and sensitive species; and WAC 232-12-014, to add one species and remove two from the state's list of endangered species.

Statutory Authority for Adoption: RCW 77.12.020.

Statute Being Implemented: RCW 77.12.020.

Summary: WAC 232-12-011 adds the Aleutian Canada goose to protected wildlife designated as threatened, and the gray whale to protected wildlife designated as sensitive; and WAC 232-12-014, classifies the Oregon spotted frog as an endangered species; and removes the Aleutian Canada goose and the gray whale as endangered species.

Reasons Supporting Proposal: WAC 232-12-011, the Aleutian Canada goose and the gray whale, through 20-30 years of recovery efforts, have been restored to population levels that are no longer in danger of extinction throughout all or a significant portion of their range. The Aleutian Canada goose was federally downlisted to threatened in 1991. There are no special circumstances in Washington that would indicate it should not be downlisted on the state's list as well. The gray whale was federally delisted in 1994. While this species has recovered to historic population levels, there remain management concerns for resident animals in Washington. For these reasons, it is recommended they be downlisted to sensitive status; and WAC 232-12-014, the classification of the Oregon spotted frog as an endangered species identifies it as a species native to Washington that is seriously threatened with extinction throughout all or a significant portion of its range in the state. This species has undergone significant reductions in population numbers and distribution primarily as a result of habitat loss and alteration, and introduced bullfrogs and warmwater fish. Remaining populations require special management considerations and development of recovery plans in order to restore them to viable levels. After 20-30 years of recovery efforts, the gray whale and Aleutian Canada goose have recovered to the point that they are no longer seriously threatened with extinction in all or a significant portion of their range in Washington. This proposal reflects the current biological status of the populations of these species in Washington.

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

Name of Proponent: Washington Fish and Wildlife Commission, 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 Aleutian Canada goose as a threatened species, and gray whale as a sensitive species. Threatened and sensitive species are in need of special management consideration to recover populations to healthy levels or to keep them from becoming threatened or endangered. Land managing agencies and local governments may use these lists to consider the needs of species of special concern in land management decisions. Endangered species are also recognized in the Department of Natural Resources forest practice rules for evaluating forest practice applications; and WAC 232-12-014 identifies wild animals to be managed by the Department of Fish and Wildlife as endangered species and as such, receive special management consideration in order to restore populations to viable levels. This amendment would classify the Oregon spotted frog as an endangered species and would remove the gray whale and Aleutian Canada goose from the list. Land managing agencies and local governments may use these lists to consider the needs of species of special concern in land management decisions. Endangered species are also recognized in the Department of Natural Resources forest practice rules for evaluating forest practice applications.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not affect small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Red Lion Inn, 802 George Washington Way, Richland, WA 99352, on August 8-9, 1997, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by July 25, 1997, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, Washington Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091, FAX (360) 902-2942.

Date of Intended Adoption: August 8, 1997.

July 2, 1997

Dave Brittell

AMENDATORY SECTION [(Amending WSR 97-12-048, filed 6/2/97)]

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

leucopareia

bald eagle Haliaeetus leucocephalus

ferruginous hawk Buteo regalis

marbled murrelet Brachyramphus

marmoratus

green sea turtle Chelonia mydas

loggerhead sea turtle Caretta caretta

(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

Larch Mountain

salamander Plethodon larselli

(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

Cascade

golden-mantled

ground squirrel Spermophilus saturatus

golden-mantled

ground squirrel Spermophilus lateralis

Washington ground

squirrel Spermophilus washingtoni

red squirrel Tamiasciurus hudsonicus

Douglas squirrel Tamiasciurus douglasii

northern flying

squirrel Glaucomys sabrinus

fisher Martes pennanti

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.

[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.

AMENDATORY SECTION [(Amending Order 616, filed 10/14/93)]

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

Common Name Scientific Name

pygmy rabbit Brachylagus idahoensis

gray wolf Canis lupus

grizzly bear Ursus arctos

sea otter Enhydra lutris

((gray whale)) ((Eschrichtius robustus))

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 deer Odocoileus virginianus leucurus

woodland caribou Rangifer tarandus caribou

American white pelican Pelecanus erythrorhynchos

brown pelican Pelecanus occidentalis

((Aleutian Canada goose)) ((Branta canadensis

leucopareia))

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

Oregon silverspot butterfly Speyeria zerene hippolyta

Oregon spotted frog Rana pretiosa

[Statutory Authority: RCW 77.12.020. 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.]