WSR 19-05-092

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Filed February 20, 2019, 10:50 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 18-22-031 on October 29, 2018.

Title of Rule and Other Identifying Information: The department seeks to adopt rules concerning the status of the pinto abalone and to classify it as an endangered species.

Hearing Location(s): On April 5-6, 2019, at 8:00 a.m., at the Natural Resources Building, 1111 Washington Street S.E., Olympia, WA 98501.

Date of Intended Adoption: May 10, 2019.

Submit Written Comments to: Michael Ulrich, P.O. Box 43200, Olympia, WA 98501-3200, email michael.ulrich@dfw.wa.gov, fax 360-902-2943, by April 3, 2019.

Assistance for Persons with Disabilities: Contact Delores Noyes, phone 360-902-2349, TTY 360-902-2207, email Delores.Noyes@dfw.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to preserve the pinto abalone species which has become endangered. Based on the department's preliminary status review in 2018, the pinto abalone population is declining and vulnerable to local extinction. The pinto abalone population, a marine gastropod mollusc (aka "sea snail"), is aging and has experienced widespread reproductive failure. Consequently, the species is not likely to recover without significant protection and assistance. This proposal would remove pinto abalone from the list of food fish/shellfish potentially available for harvest and add it to the state's list of endangered species.

Reasons Supporting Proposal: The department conducted an in-depth study on the current status and trends in the pinto abalone populations in local marine waters. The study, underlying factors affecting the pinto abalone's continued existence, and management activities related to restoration are detailed in the preliminary status report for the pinto abalone and this report is available online at https://wdfw.wa.gov/publications/02031/.

Statutory Authority for Adoption: RCW 77.32.470, 77.04.012, 77.04.013, 77.04.055, and 77.12.047.

Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.12.020, 77.12.045, and 77.12.047.

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: Henry Carson, 1111 Washington Street, Olympia, WA 98501, 360-902-2846; Implementation: Michael Ulrich, 1111 Washington Street, Olympia, WA 98501, 360-902-2737; and Enforcement: Chief Steve Bear, 1111 Washington Street, 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. Hydraulics are not affected by this rule proposal.

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 rule content is explicitly and specifically dictated by statute.

A copy of the detailed cost calculations may be obtained by contacting Scott Bird, P.O. Box 43200, Olympia, WA 98501-3200, fax 360-902-2155, email Rules.Coordinator@dfw.wa.goc [Rules.Coordinator@dfw.wa.gov].

February 19, 2019

Scott Bird

Rules Coordinator