WSR 18-10-109 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed May 2, 2018, 10:44 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 16-13-044 on June 8, 2016. Title of Rule and Other Identifying Information: WAC 220-200-100 Wildlife classified as protected shall not be hunted or fished and 220-610-010 Wildlife classified as endangered species. Hearing Location(s): On June 14-16, 2018, at 8:00 a.m., at the Natural Resources Building, 1111 Washington Street S.E., Room 172, Olympia, WA 98501. Date of Intended Adoption: August 10-11, 2018. Submit Written Comments to: Wildlife Program Rules Coordinator, P.O. Box 43141, Olympia, WA 98504-3200, email wildthing@dfw.wa.gov, fax 360-902-2162, https://www.surveymonkey.com/r/DW6HRK9, by May 23, 2018. Assistance for Persons with Disabilities: Contact Tami Lininger, phone 360-902-2267, TTY 800-833-6388, email tami.lininger@dfw.wa.gov, by June 7, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal will reclassify the Columbian sharp-tailed grouse from the state's threatened subcategory (WAC 220-200-100) to state endangered (WAC 220-610-010).
In addition, the proposal will reclassify the sea otter from the state endangered (WAC 220-610-010) to the state's threatened subcategory (WAC 220-200-100). Reasons Supporting Proposal: The department has reviewed all relevant data pertaining to the population status of Columbian sharp-tailed grouse and sea otter in Washington.
The Columbian sharp-tailed grouse historically was the most abundant and important game bird in eastern Washington during the 1800s. It was found throughout the grassland and shrub-steppe areas of eastern Washington, but was probably most abundant in Palouse prairie. They are now restricted to parts of Douglas, Okanogan, and Lincoln counties, and the Colville Reservation. The 2017 statewide population estimate based on lek counts was five hundred sixty-four birds.
The Columbian sharp-tailed grouse was state-listed as threatened in 1998, and a state recovery plan was completed in 2012. Habitat quantity, quality, and fragmentation limit Columbian sharp-tailed grouse populations. Historically, the highest densities of Columbian sharp-tailed grouse were in relatively moist grassland and steppe vegetation types, with creeks that have deciduous trees and shrubs that provide berries, buds, and catkins for winter habitat. The remaining local populations of Columbian sharp-tailed grouse in Washington are small, relatively isolated from one another, and may not persist unless they increase in size. Wildfires have had a short-term and unknown impact and habitat connectivity continues to diminish. For these reasons, it is recommended that the Columbian sharp-tailed grouse be reclassified to state endangered in Washington.
Sea otters in Washington historically ranged from the Columbia River to Port Angeles. The species was exploited during the heyday of the fur trade and was extirpated in the state by 1910. Sea otters were reintroduced to Washington in 1969 and 1970. Washington's current sea otter population is restricted to a roughly one hundred thirty kilometer stretch of outer coast along the Olympic Peninsula. There is no consensus on why sea otters are not clearly expanding into available habitat. The population has shown strong growth and in 2017 exceeded the downlisting criteria outlined in the 2004 Recovery Plan of one thousand six hundred forty sea otters over a three year period.
Despite a steady increase in numbers and density, the Washington sea otter population is at risk of losing significant numbers should a catastrophic event such as a large oil spill occur off Washington's coast. Sea otters also remain at risk from disease, toxins, and effects of climate change. The sea otter has been classified as a state endangered species in Washington since 1981. Given the steady and substantial increase in numbers and evidence of genetic exchange with the British Columbia sea otter population, it is recommended that the sea otter be reclassified to state threatened in Washington. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Washington department of fish and wildlife, governmental. Name of Agency Personnel Responsible for Drafting and Implementation: Eric Gardner, 600 Capitol Way North, Olympia, WA 98501, 360-902-2515; and Enforcement: Steve Bear, 600 Capitol Way North, Olympia, WA 98501, 360-902-2373. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. The rule proposal does not require a cost-benefit analysis. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect. May 2, 2018 Scott Bird Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-20-030, filed 9/27/17, effective 10/28/17)
WAC 220-200-100 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; 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.
AMENDATORY SECTION (Amending WSR 17-20-030, filed 9/27/17, effective 10/28/17)
WAC 220-610-010 Wildlife classified as endangered species.
Endangered species include:
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