WSR 21-13-139
[Filed June 22, 2021, 11:02 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-21-057 on October 14, 2020.
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 August 6-7, 2021, at 8:00 a.m., webinar. This meeting will take place by webinar. The public may participate in the meeting. Visit our website at or contact the commission office at 360-902-2267 or for instruction on how to join the meeting.
Date of Intended Adoption: August 27, 2021.
Submit Written Comments to: Wildlife Program, P.O. Box 43200, Olympia, WA 98504, email, fax 360-902-2162. Website for public comments Questions about this rule proposal, by July 15, 2021.
Assistance for Persons with Disabilities: Contact title VI/ADA compliance coordinator, phone 360-902-2349, TTY 711, email For more information see, by July 30, 2021.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule proposal reclassifies the ferruginous hawk from threatened to endangered in the state of Washington under WAC 220-610-010. Anticipated effects include the additional recognition and prioritization of the conservation need and actions around ferruginous hawk. If the status change is adopted, ferruginous hawk will be removed from WAC 220-200-100 "Wildlife classified as protected shall not be hunted or fished," and added to WAC 220-610-010 "Wildlife classified as endangered species."
Reasons Supporting Proposal: The ferruginous hawk is largely restricted to grasslands and shrubsteppe habitats. Conversion of native grasslands and arid shrublands to agriculture, urbanization, and the degradation of rangelands have contributed to the loss of nesting and foraging habitat on its breeding range in Washington. Degradation of fall and winter ranges frequented by Washington's hawks in migration and the nonbreeding period has been documented through satellite monitoring. Reductions in prey base on the breeding range and depressed prey populations encountered during migration on fall and winter ranges are likely a significant factor in the decline of Washington's breeding population of ferruginous hawks.
The breeding population of ferruginous hawks in Washington is in sustained decline. Between 1974 and 2016, there have been significant declines in nesting territory occupancy, nest success, and productivity. Additionally, the percentage of surveyed nesting territories supporting breeding pairs has significantly declined in the core breeding range of the species in Benton and Franklin counties. The distribution of breeding pairs statewide also appears to have contracted since the 1990s. There has been no improvement in habitat conditions or amelioration of primary threats, and therefore the recommendation is to reclassify the ferruginous hawk from threatened to endangered status in Washington.
For more information see the Periodic Status Review for the Ferruginous Hawk at
An environmental review under the State Environmental Policy Act has been done for this proposal. These documents are at
Statutory Authority for Adoption: RCW 77.04.012, 77.04.[0]13, 77.04.055, 77.12.020, and 77.12.047.
Statute Being Implemented: RCW 77.04.012, 77.04.[0]13, 77.04.055, 77.12.020, 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 and Implementation: Eric Gardner, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2515; Enforcement: Steve Bear, 1111 Washington Street S.E., 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 proposed period status review for the ferruginous hawk does not require a cost-benefit analysis per RCW 34.05.328.
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(4).
Explanation of exemptions: The proposed rule does not affect small businesses because the change from threatened to endangered status does not result in additional costs or regulatory requirements for any businesses.
June 22, 2021
Annie Szvetecz
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-17-153, filed 8/21/18, effective 9/21/18)
WAC 220-200-100Wildlife 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
sea otter
Enhydra lutris
ferruginous hawk
Buteo regalis
green sea turtle
Chelonia mydas
greater sage grouse
Centrocercus urophasianus
Mazama pocket gopher
Thomomys mazama
American white pelican
Pelecanus erythrorhynchos
(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 robustus
Common Loon
Gavia immer
Larch Mountain
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
Tamias minimus
yellow-pine chipmunk
Tamias amoenus
Townsend's chipmunk
Tamias townsendii
red-tailed chipmunk
Tamias ruficaudus
hoary marmot
Marmota caligata
Olympic marmot
Marmota olympus
ground squirrel
Callospermophilus saturatus
ground squirrel
Callospermophilus lateralis
Washington ground
Urocitellus washingtoni
red squirrel
Tamiasciurus hudsonicus
Douglas squirrel
Tamiasciurus douglasii
northern flying squirrel
Glaucomys sabrinus
Humboldt's flying squirrel
Glaucomys oregonensis
Gulo gulo
painted turtle
Chrysemys picta
California mountain
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.
AMENDATORY SECTION(Amending WSR 21-07-019, filed 3/5/21, effective 4/5/21)
WAC 220-610-010Wildlife classified as endangered species.
Endangered species include:
Common Name
Scientific Name
Oregon vesper sparrow
Pooecetes gramineus affinis
pygmy rabbit
Brachylagus idahoensis
Pekania pennanti
gray wolf
Canis lupus
grizzly bear
Ursus arctos
killer whale
Orcinus orca
sei whale
Balaenoptera borealis
fin whale
Balaenoptera physalus
blue whale
Balaenoptera musculus
humpback whale
Megaptera novaeangliae
North Pacific right whale
Eubalaena japonica
sperm whale
Physeter macrocephalus
Columbian white-tailed
Odocoileus virginianus leucurus
woodland caribou
Rangifer tarandus caribou
Columbian sharp-tailed grouse
Tympanuchus phasianellus columbianus
sandhill crane
Grus canadensis
snowy plover
Charadrius nivosus
upland sandpiper
Bartramia longicauda
spotted owl
Strix occidentalis
western pond turtle
Clemmys marmorata
leatherback sea turtle
Dermochelys coriacea
mardon skipper
Polites mardon
Oregon silverspot
Speyeria zerene hippolyta
Oregon spotted frog
Rana pretiosa
northern leopard frog
Rana pipiens
Taylor's checkerspot
Euphydryas editha taylori
Streaked horned lark
Eremophila alpestris strigata
Tufted puffin
Fratercula cirrhata
North American lynx
Lynx canadensis
marbled murrelet
Brachyramphus marmoratus
Loggerhead sea turtle
Caretta caretta
Yellow-billed cuckoo
Coccyzus americanus
Pinto abalone
Haliotis kamtschatkana
Greater sage grouse
Centrocercus urophasianus
Ferruginous hawk
Buteo regalis
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.