WSR 98-19-025

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed September 9, 1998, 3:50 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-14-089.

Purpose: Amend WAC 232-12-011 Wildlife classified as protected shall not be hunted or fished, by adding two species to the state's list of sensitive species. In addition, attending to code reviser's remarks from past edits and amend WAC 232-12-014 Wildlife classified as endangered species.

Statutory Authority for Adoption: RCW 77.12.020.

Statute Being Implemented: RCW 77.12.020.

Summary: Adds the margined sculpin and the pygmy whitefish to protected wildlife designated as sensitive species in Washington.

Adds the fisher to endangered species classification in Washington.

Reasons Supporting Proposal: The margined sculpin is found only in the Blue Mountains of Oregon and Washington. In Washington it is found only in parts of the Tucannon and Walla Walla drainages. Most of the waters inhabited by the margined sculpin have degraded habitat. Problems are caused by development, logging, agriculture, grazing, and channelization. Because of its small range and degraded habitat conditions, it is vulnerable and likely to become threatened or endangered without cooperative management.

Pygmy whitefish are most commonly found in cool lakes and streams of mountainous regions. Historically, they resided in at least fifteen lakes in Washington. Currently, they inhabit only nine. Their demise in six lakes is attributed to rotenone, introduction of exotic fish species and/or declining water quality. Pygmy whitefish, particularly in smaller lakes, are vulnerable to exotic fish species introductions and declining water quality, both of which may constrict their habitat. Because of their very limited range in Washington and their vulnerability to exotic fish species introductions and declining water quality, pygmy whitefish are likely to become endangered or threatened in a significant portion of their remaining range without cooperative management.

Fisher historically occurred throughout much of the forested areas of Washington. They were overtrapped in the late 1800s and early 1900s. Trapping, predator and pest control programs, and loss and alteration of habitat combined to push the fisher to near extirpation. Despite being protected from legal harvest for 65 years, the fisher has not recovered. The fisher population was likely kept from recovering by a combination of factors: A reduction in quality and quantity of habitat due to development and logging; past predator and pest control programs; low inherent reproductive capacity of the species; and demographic and genetic effects of small population size. The fisher will require special management considerations and development of a recovery plan in order to restore them to viable levels.

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

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None.

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 margined sculpin and pygmy whitefish to protected wildlife designated as 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.

WAC 232-12-014 identifies species of wild animals to be managed by the Department of Fish and Wildlife as endangered species. This amendment adds fisher as a state endangered species. Endangered species are in need of special management consideration to recover populations to healthy levels and to keep them from becoming extirpated from Washington. 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. These rules do not affect small business.

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

Hearing Location: Natural Resources Building, Room 172, 1111 Washington Street Southeast, Olympia, WA, on October 27, 1998, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by October 20, 1998, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Mike Kuttel, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by October 20, 1998.

Date of Intended Adoption: October 27, 1998.

September 9, 1998

Evan Jacoby

Rules Coordinator

OTS-2433.1

AMENDATORY SECTION (Amending Order 98-71, filed 4/22/98, effective 5/23/98)

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:

(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:

(3) Other protected wildlife include:

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;])) 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. 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.]

NOTES:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

AMENDATORY SECTION (Amending Order 97-167, filed 8/25/97, effective 9/25/97)

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

[Statutory Authority: RCW 77.12.020. 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.]

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