WSR 25-21-081

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 24-12—Filed October 15, 2025, 3:28 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 24-19-093 on September 17, 2024.

Title of Rule and Other Identifying Information: WAC 220-610-010 Wildlife classified as endangered.

Hearing Location(s): On December 12, 2025, at 8:00 a.m., via web conference at https://wdfw.wa.gov/about/commission/meetings. Information on how to register to testify at the public hearing is available at http://wdfw.wa.gov/about/commission#public-testimony; or contact the fish and wildlife commission (FWC) office at 360-902-2267. The department of fish and wildlife (WDFW) will provide a briefing on the proposed rule at FWC's November 13-15, 2025, meeting. FWC will conduct a public hearing and decision at the December 12, 2025, meeting.

Date of Intended Adoption: December 12, 2025.

Submit Written Comments to: Scott Bird, P.O. Box 43200, Olympia, WA 98504, email islandmarblebutterflycr102@publicinput.com, fax 360-902-2162, https://engage.wdfw.wa.gov/islandmarblebutterflycr102 or call 855-925-2801, project code 10592, beginning October 22, 2025, by noon, by December 5, 2025, at 11:59 p.m.

Assistance for Persons with Disabilities: Contact Title VI/ADA compliance coordinator, phone 360-902-2349, TTY 1-800-833-6388 or 711, email title6@dfw.wa.gov, http://wdfw.wa.gov/accessibility/requests-accommodation, by December 5, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule project is to consider classifying the island marble butterfly as endangered. The proposed change would amend WAC 220-610-010 to include island marble butterfly among the other listed endangered wildlife.

Reasons Supporting Proposal: United States Fish and Wildlife Service recently classified the island marble butterfly as endangered under the Endangered Species Act (ESA). The island marble butterfly exists in a few locations on San Juan Island, a fraction of its former range. WDFW staff issued a report summarizing the current status, distribution, threats, and conservation challenges for the species, and also recommended an endangered species classification. WAC 220-610-110 provides guidance to the agency on recommending an endangered or threatened classification when species are listed as endangered or threatened under ESA.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, 77.12.047, and 77.12.020.

Statute Being Implemented: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, 77.12.047, and 77.12.020.

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

Name of Proponent: WDFW, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Mick Cope, 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.

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: Does not affect small business.

Scope of exemption for rule proposal:

Is fully exempt.

October 15, 2025

Scott Bird

Rules Coordinator

OTS-5922.1