WSR 17-13-131 PROPOSED RULES DEPARTMENT OF FISH AND WILDLIFE [Filed June 21, 2017, 11:37 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): Natural Resources Building, Room 172, 1111 Washington Street S.E., Olympia, WA 98501, on Friday, August 4-5, 2017, at 8:00 a.m.
Date of Intended Adoption: On or after September 8, 2017.
Submit Written Comments to: Online https://www.surveymonkey.com/r/KQXJQTS, Wildlife Program, Attn: Commission Meeting Public Comments, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by July 12, 2017.
Assistance for Persons with Disabilities: Contact Tami Lininger by July 28, 2017, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal will reclassify loggerhead sea turtle from state's threatened subcategory (WAC 220-200-100) to state endangered (WAC 220-610-010).
In addition, the proposal will classify the yellow-billed cuckoo as state endangered (WAC 220-610-010).
Reasons Supporting Proposal: The department has reviewed all relevant data pertaining to the population status of loggerhead sea turtle and yellow-billed cuckoo in Washington.
Loggerhead sea turtles in Washington are part of the North Pacific population, which migrate from nesting sites near Japan to waters off the west coast of North America. Loggerhead sea turtles are rarely seen in Washington. The North Pacific population of loggerhead sea turtles declined substantially in the last half of the 20th century. Threats to these turtles include harvest by humans, incidental capture in fisheries, and damage to nesting habitat.
Just twenty sightings of yellow-billed cuckoos have been documented in Washington since the 1950s and were likely nonbreeding vagrants or migrants, indicating that cuckoos are now functionally extirpated in the state. Nevertheless, due to a lack of surveys and the presence [of] potential habitat in Washington, the possibility exists that this species may occasionally breed in the state and that these rare breeders are yet to be discovered.
The greatest threats to western yellow-billed cuckoos is the loss or degradation of riparian habitats caused by dam construction, flood control practices, commercial and residential development, changes in farming and ranching practices, and nonnative plant invasions. Agricultural pesticide use, which may affect prey abundance as well as the birds' health, is a potential additional threat.
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, Natural Resources Building, (360) 902-2515; and Enforcement: Chris Anderson, Natural Resources Building, (360) 902-2373.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rule changes do not impact small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. These rule changes do not impact small businesses.
June 21, 2017
Scott Bird
Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)
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 17-05-112, filed 2/15/17, effective 3/18/17)
WAC 220-610-010 Wildlife classified as endangered species.
Endangered species include:
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