Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-610 - State and protected species › STATE PROTECTED SPECIES › Section 220-610-110 - Endangered, threatened, and sensitive wildlife species classification

Current through Register Vol. 24-14, July 15, 2024
Purpose
1.1 The purpose of this rule is to identify
				  and classify native wildlife species that have need of protection and/or
				  management to ensure their survival as free-ranging populations in Washington
				  and to define the process by which listing, management, recovery, and delisting
				  of a species can be achieved. These rules are established to ensure that
				  consistent procedures and criteria are followed when classifying wildlife as
				  endangered, or the protected wildlife subcategories threatened or
				  sensitive.
Definitions
For purposes of this rule, the following definitions
					 apply:
2.1 "Classify" and all
				  derivatives means to list or del-ist wildlife species to or from endangered, or
				  to or from the protected wildlife subcategories threatened or
				  sensitive.
2.2 "List" and all
				  derivatives means to change the classification status of a wildlife species to
				  endangered, threatened, or sensitive.
2.3 "Delist" and its derivatives means to
				  change the classification of endangered, threatened, or sensitive species to a
				  classification other than endangered, threatened, or sensitive.
2.4 "Endangered" means any wildlife species
				  native to the state of Washington that is seriously threatened with extinction
				  throughout all or a significant portion of its range within the
				  state.
2.5 "Threatened" means any
				  wildlife species native to the state of Washington that is likely to become an
				  endangered species within the foreseeable future throughout a significant
				  portion of its range within the state without cooperative management or removal
				  of threats.
2.6 "Sensitive" means
				  any wildlife species native to the state of Washington that is vulnerable or
				  declining and is likely to become endangered or threatened in a significant
				  portion of its range within the state without cooperative management or removal
				  of threats.
2.7 "Species" means any
				  group of animals classified as a species or subspecies as commonly accepted by
				  the scientific community.
2.8
				  "Native" means any wildlife species naturally occurring in Washington for
				  purposes of breeding, resting, or foraging, excluding introduced species not
				  found historically in this state.
2.9 "Significant portion of its range" means
				  that portion of a species' range likely to be essential to the long term
				  survival of the population in Washington.
Listing criteria
3.1 The commission shall list a wildlife
				  species as endangered, threatened, or sensitive solely on the basis of the
				  biological status of the species being considered, based on the preponderance
				  of scientific data available, except as noted in section 3.4.
3.2 If a species is listed as endangered or
				  threatened under the federal Endangered Species Act, the agency will recommend
				  to the commission that it be listed as endangered or threatened as specified in
				  section 9.1. If listed, the agency will proceed with development of a recovery
				  plan pursuant to section 11.1.
3.3
				  Species may be listed as endangered, threatened, or sensitive only when
				  populations are in danger of failing, declining, or are vulnerable, due to
				  factors including but not restricted to limited numbers, disease, predation,
				  exploitation, or habitat loss or change, pursuant to section 7.1.
3.4 Where a species of the class Insecta,
				  based on substantial evidence, is determined to present an unreasonable risk to
				  public health, the commission may make the determination that the species need
				  not be listed as endangered, threatened, or sensitive.
Delisting criteria
4.1 The commission shall delist a wildlife
				  species from endangered, threatened, or sensitive solely on the basis of the
				  biological status of the species being considered, based on the preponderance
				  of scientific data available.
4.2 A
				  species may be delisted from endangered, threatened, or sensitive only when
				  populations are no longer in danger of failing, declining, are no longer
				  vulnerable, pursuant to section 3.3, or meet recovery plan goals, and when it
				  no longer meets the definitions in sections 2.4, 2.5, or 2.6.
Initiation of listing process
5.1 Any one of the following events may
				  initiate the listing process.
5.1.1 The agency
				  determines that a species population may be in danger of failing, declining, or
				  vulnerable, pursuant to section 3.3.
5.1.2 A petition is received at the agency
				  from an interested person. The petition should be addressed to the director. It
				  should set forth specific evidence and scientific data which shows that the
				  species may be failing, declining, or vulnerable, pursuant to section 3.3.
				  Within 60 days, the agency shall either deny the petition, stating the reasons,
				  or initiate the classification process.
5.1.3 An emergency, as defined by the
				  Administrative Procedure Act, chapter 34.05 RCW. The listing of any species
				  previously classified under emergency rule shall be governed by the provisions
				  of this section.
5.1.4 The
				  commission requests the agency review a species of concern.