WSR 07-21-123

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed October 23, 2007, 9:57 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-18-044.

Title of Rule and Other Identifying Information: WAC 232-12-011 Wildlife classified as protected shall not be hunted or fished.

Hearing Location(s): Red Lion Hotel, 221 North Lincoln, Port Angeles, WA 98362, (360) 452-9215, on December 7-8, 2007, at 8:00 a.m.

Date of Intended Adoption: January 10-12, 2008.

Submit Written Comments to: Wildlife Program Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Wildthing@dfw.wa.gov, fax (360) 902-2162, by Monday, November 19, 2007.

Assistance for Persons with Disabilities: Contact Susan Yeager by December 5, 2007, TTY (800) 833-6388 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Protected wildlife are designated into three subcategories: Threatened, sensitive, and other. The proposed rule would change the classification of the bald eagle from state threatened to state sensitive status.

Reasons Supporting Proposal: The bald eagle is currently listed as a threatened species in Washington. Population numbers have increased in Washington and primary threats to the eagle such as DDT contamination and habitat destruction have been addressed through existing habitat protection laws. The bald eagle was removed from the federal list of endangered and threatened species in 2007. The department conducted a draft status review of the bald eagle in Washington in 2001 and updated it as a final in 2007. The final will be released for a thirty-day public review prior to the commission meeting per WAC 232-12-297 Endangered, threatened, and sensitive wildlife species classification. The status review recommends downlisting the bald eagle from state threatened to state sensitive status.

Statutory Authority for Adoption: RCW 77.12.047, 77.12.020.

Statute Being Implemented: RCW 77.12.047, 77.12.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington fish and wildlife commission, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Natural Resources Building, Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules regulate recreational hunters and do not directly regulate small business.

A cost-benefit analysis is not required under RCW 34.05.328. Not hydraulics rules.

October 23, 2007

Loreva M. Preuss

Rules Coordinator

OTS-1134.1


AMENDATORY SECTION(Amending Order 06-09, filed 1/30/06, effective 3/2/06)

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
((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
Mazama pocket gopher Thomomys mazama

(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
bald eagle Haliaeetus leucocephalus
Peregrine Falcon Falco peregrinus
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 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
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 77.12.047, 77.12.020. 06-04-066 (Order 06-09), 232-12-011, filed 1/30/06, effective 3/2/06. Statutory Authority: RCW 77.12.047, 77.12.655, 77.12.020. 02-11-069 (Order 02-98), 232-12-011, filed 5/10/02, effective 6/10/02. Statutory Authority: RCW 77.12.047. 02-08-048 (Order 02-53), 232-12-011, filed 3/29/02, effective 5/1/02; 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.]

Washington State Code Reviser's Office