wa-26-20-106: Fish and Wildlife, Department of — WSR 26-20-106

WSR 26-20-106 (26-20)WSR 26-20-106PROPOSED RULESDEPARTMENT OFFISH AND WILDLIFE[Order 25-23—Filed October 7, 2026, 9:40 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 25-23-003 on November 6, 2025.Title of Rule and Other Identifying Information: WAC 220-610-110 Endangered, threatened, and sensitive wildlife species classification.Hearing Location(s): On November 19-21, 2026, at 8:00 a.m., at Oxford Suites Spokane Downtown, 115 West North River Drive, Spokane, WA 99201; or virtual. Information on how to register to testify at the public hearing is available at http://wdfw.wa.gov/about/commission.meetings, or contact the commission office at 360-902-2267.Date of Intended Adoption: On or after December 11, 2026.Submit Written Comments to: Rules Coordinator, P.O. Box 43200, Olympia, WA 98504, email 2026etswidlifecr102@publicinput.com, fax 360-902-2162, https://engage.wdfw.wa.gov/2026etswidlifecr102 or call 855-925-2801 and enter project code 11250, beginning October 7, 2026, at 12:00 p.m., by November 23, 2026, 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, web http://wdfw.wa.gov/accessibility/requests-accommodation, by November 12, 2026, at 11:59 p.m.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to update and clarify Washington department of fish and wildlife's (WDFW) procedures for listing and recovering state endangered, threatened, and sensitive wildlife species. Specifically, the goals of amending WAC 220-610-110 are the following:(1) Focus limited WDFW resources on tasks that have the greatest influence on species recover;(2) Maintain an understanding of species status on timelines that do not eclipse the focus on recovery planning and implementation;(3) Clarify areas of ambiguity; and(4) Remove redundancies.The proposed amendments will result in the following changes to WAC 220-610-110:• Add the option to adopt, in whole or in part, with or without revisions, a species' federal recovery plan, in lieu of or in addition to a state recovery plan;• Add a requirement to review recovery plan objectives and progress toward recovery in periodic status reviews and determine whether a plan update is warranted;• Replace the requirement for a "management" plan for sensitive species with the requirement for a recovery plan for sensitive species;• Require WDFW staff to maintain a list of state endangered, threatened, and sensitive wildlife species with links to status reports/reviews and recovery plans, and anticipated timeline for updates on the WDFW website;• Extend the completion time for recovery plans from three years to five years;• Extend the timeline for periodic status reviews from every five years to every 10 years;• Add species categories and definitions for "management peripheral" and "presumed extirpated" species, allowing exemption for recovery plan and status review requirements;• Update the definitions of "endangered," "threatened," and "sensitive" to create tiers, add clarity, and avoid overlap with other designations;• Align state listing criteria with the five factors, as described in section 4 (a)(1) of the federal Endangered Species Act (ESA);• Clarify language to indicate that when a species is listed under ESA the first time, WDFW will then evaluate whether to recommend species listing and that the recommendation is not required to mirror federal status;• Align public notice requirements to be consistent with rule-making requirements under the Administrative Procedure Act; and• Remove obsolete language regarding requirements for actions to occur within a time frame after adoption of the original rules.Reasons Supporting Proposal: WAC 220-610-110 was adopted in 1990 and has been implemented with no substantive changes since adoption. During 36 years of implementation, staff have noted several areas of the rule that are ambiguous, redundant with other requirements, detract from tasks that have the greatest influence on species recovery, and would benefit from more clarification. Washington's first state wildlife action plan was completed in 2005, and the rule as originally written does not adequately differentiate state sensitive species from species of greatest conservation need designated in the state wildlife action plan.The proposed changes described above clarify definitions, create efficiencies where possible, adjust timelines to be more appropriate for recovery plans and status reports/reviews, and ultimately allow WDFW staff to focus more time on recovery planning and action rather than primarily assessing status. In addition, the proposed changes create better alignment with ESA to increase coordination and reduce workload for regulating and monitoring species that are both state and federally listed.Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.055, 77.04.090, 77.04.130, 77.12.047, and 77.12.020.Statute Being Implemented: RCW 77.04.012, 77.04.013, 77.04.055, 77.04.090, 77.04.130, 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: Chief Michael Jewell, 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).Scope of exemption for rule proposal:Is fully exempt.October 7, 2026Scott BirdRules CoordinatorRDS-7395.1AMENDATORY SECTION(Amending WSR 17-05-112, filed 2/15/17, effective 3/18/17)WAC 220-610-110Endangered, threatened, and sensitive wildlife species classification.Purpose1.1The 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.DefinitionsFor purposes of this rule, the following definitions apply:2.1"Classify" and all derivatives means to list or delist wildlife species to or from endangered, or to or from the protected wildlife subcategories threatened or sensitive.2.2List" 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))likely to become a threatened species within the foreseeable future throughout 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. "Management peripheral" means a listed species that occurs infrequently or is transitory in Washington and does not carry out essential reproductive behaviors in Washington such as breeding, nursing, or natal sheltering. "Presumed extirpated" means a species that despite adequate search effort has no verified record of sighting in Washington in at least 10 years or if a species with available breeding habitat in Washington has no verified record of breeding attempts in Washington in 20 years.Listing criteria3.1The 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))Following the initial publication of a final rule listing a species 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))evaluate whether to recommend it be listed as endangered, threatened, or sensitive as specified in section 9.1 and make recommendations to the commission when appropriate. If listed as endangered, threatened, or sensitive by the commission, the agency will proceed with development of a recovery plan pursuant to section 11.1.3.3Species may be listed as endangered, threatened, or sensitive only when populations are ((in danger of failing, declining, or are vulnerable,))at risk due to any of the following factors ((including but not restricted to limited numbers, disease, predation, exploitation, or habitat loss or change, pursuant to section 7.1.)): 3.3.1The present or threatened destruction, modification, or curtailment of its habitat or range. 3.3.2Overutilization for commercial, recreational, scientific, or educational purposes. 3.3.3Disease or predation. 3.3.4The inadequacy of existing regulatory mechanisms. 3.3.5Other natural or man-made factors affecting its continued existence.3.4Where 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 criteria4.1The 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.4.2A species may be delisted from endangered, threatened, or sensitive only when populations are no longer ((in danger of failing, declining, are no longer vulnerable))at risk, 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 process5.1Any one of the following events may initiate the listing process. 5.1.1The agency determines that a species population may be ((in danger of failing, declining, or vulnerable))at risk, pursuant to section 3.3. 5.1.2A 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. 5.1.3An 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. 5.1.4The commission requests the agency review a species of concern.((5.2Upon initiation of the listing process the agency shall publish a public notice in the Washington Register, and notify those parties who have expressed their interest to the department, announcing the initiation of the classification process and calling for scientific information relevant to the species status report under consideration pursuant to section 7.1.))Initiation of delisting process6.1Any one of the following events may initiate the delisting process: 6.1.1The agency determines that a species population may no longer be ((in danger of failing, declining, or vulnerable))at risk, pursuant to section 3.3. 6.1.2The agency receives a petition 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 no longer 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 delisting process. 6.1.3The commission requests the agency review a species of concern.((6.2Upon initiation of the delisting process the agency shall publish a public notice in the Washington Register, and notify those parties who have expressed their interest to the department, announcing the initiation of the delisting process and calling for scientific information relevant to the species status report under consideration pursuant to section 7.1.))Species status ((review))report and agency recommendations7.1Except in an emergency under 5.1.3 above, prior to making a classification recommendation to the commission, the agency shall prepare a preliminary species status report. The report will include a review of information relevant to the species' status in Washington and address factors affecting its status, including those given under section 3.3. The status report shall be reviewed by the public and scientific community. The status report will include, but not be limited to an analysis of: 7.1.1((Historic))Historical, current, and future species population trends. 7.1.2Natural history, including ecological relationships (e.g. food habits, home range, habitat selection patterns). 7.1.3((Historic))Historical and current habitat trends. 7.1.4Population demographics (e.g. survival and mortality rates, reproductive success) and their relationship to long-term sustainability. 7.1.5((Historic))Historical and current species management activities.7.2Except in an emergency under 5.1.3 above, the agency shall prepare recommendations for species classification, based upon scientific data contained in the status report. Documents shall be prepared to determine the environmental consequences of adopting the recommendations pursuant to requirements of the State Environmental Policy Act (SEPA).((7.3For the purpose of delisting, the status report will include a review of recovery plan goals.))Public review8.1Except in an emergency under 5.1.3 above, prior to making a recommendation to the commission, the agency shall provide an opportunity for interested parties to submit new scientific data relevant to the status report, classification recommendation, and any SEPA findings. 8.1.1The agency shall allow at least 90 days for public comment.Final recommendations and commission action9.1After the close of the public comment period, the agency shall complete a final status report and classification recommendation. SEPA documents will be prepared, as necessary, for the final agency recommendation for classification. The classification recommendation will be presented to the commission for action. The final species status report, agency classification recommendation, and SEPA documents will be made available to the public at least 30 days prior to the commission meeting.9.2Notice of the proposed commission action will be published at least 30 days prior to the commission meeting.Periodic species status review10.1The agency shall conduct a review of each endangered, threatened, or sensitive wildlife species at least every ((five))10 years after the date of its listing, unless the species meets the definition of management peripheral or presumed extirpated. This review shall include an update of the species status report to determine whether the status of the species warrants its current listing status or deserves reclassification and a brief section about the recovery plan, including its status, progress toward completion, and whether an update of the plan is warranted. If a recovery plan has been completed by the agency or the agency adopts a federal recovery plan, progress toward recovery criteria will be evaluated. For the purpose of delisting, the status review will include a review of recovery plan criteria. ((10.1.1The agency shall notify any parties who have expressed their interest to the department of the periodic status review. This notice shall occur at least one year prior to end of the five year period required by section 10.1.))10.2The status of all delisted species shall be reviewed at least once, five years following the date of delisting.10.3The ((department))agency shall evaluate the necessity of changing the classification of the species being reviewed. The agency shall report its findings to the commission at a commission meeting. The agency shall notify the public of its findings at least 30 days prior to presenting the findings to the commission. 10.3.1If the agency determines that new information suggests that classification of a species should be changed from its present state, the agency shall initiate classification procedures provided for in these rules starting with section 5.1. 10.3.2If the agency determines that conditions have not changed significantly and that the classification of the species should remain unchanged, the agency shall recommend to the commission that the species being reviewed shall retain its present classification status.10.4Nothing in these rules shall be construed to automatically delist a species without formal commission action.Recovery and management of listed species11.1The agency shall write a recovery plan for species listed as endangered ((or)), threatened((. The agency will write a management plan for species listed as sensitive. Recovery and management)), or sensitive, unless the species meets the definition of management peripheral or presumed extirpated. Recovery plans shall address the listing criteria described in sections 3.1 and 3.3, and shall include, but are not limited to: 11.1.1((Target population objectives))Recovery criteria. 11.1.2Criteria for reclassification and delisting. ((11.1.3An implementation plan for reaching population objectives which will promote cooperative management and be sensitive to landowner needs and property rights. The plan will specify resources needed from and impacts to the department, other agencies (including federal, state, and local), tribes, landowners, and other interest groups. The plan shall consider various approaches to meeting recovery objectives including, but not limited to regulation, mitigation, acquisition, incentive, and compensation mechanisms. 11.1.4Public education needs 11.1.5A species monitoring plan, which requires periodic review to allow the incorporation of new information into the status report.11.2Preparation of recovery and management plans will be initiated by the agency within one year after the date of listing. 11.2.1Recovery and management plans for species listed prior to 1990 or during the five years following the adoption of these rules shall be completed within 5 years after the date of listing or adoption of these rules, whichever comes later. Development of recovery plans for endangered species will receive higher priority than threatened or sensitive species. 11.2.2Recovery and management plans for species listed after five years following the adoption of these rules shall be completed within three years after the date of listing. 11.2.3The agency will publish a notice in the Washington Register and notify any parties who have expressed interest to the department interested parties of the initiation of recovery plan development. 11.2.4If the deadlines defined in sections 11.2.1 and 11.2.2 are not met the department shall notify the public and report the reasons for missing the deadline and the strategy for completing the plan at a commission meeting. The intent of this section is to recognize current department personnel resources are limiting and that development of recovery plans for some of the species may require significant involvement by interests outside of the department, and therefore take longer to complete.)) 11.1.3Recovery actions. 11.1.4A recovery implementation plan.11.2If available, the agency has the discretion to adopt, in whole or in part, with or without revisions, a species' federal recovery plan to fulfill the requirement in 11.1. If the agency adopts a federal recovery plan, with or without modifications, the agency will follow procedures in 11.2 and 11.3. 11.2.1Recovery plans shall be completed or adopted within five years after the date of listing. 11.2.2The agency shall maintain a list of endangered, threatened, and sensitive species available to the public that includes the species' state and federal status and listing year, the year of the most recent status report or review, the anticipated date of the next periodic status review, and the status of the species recovery plan. If the deadlines defined in section 11.2.1 are not met, the agency shall notify the public and report the reasons for missing the deadline and the strategy for completing the plan.11.3The agency shall provide an opportunity for interested public to comment on the recovery plan and any SEPA documents.Classification procedures review12.1The agency and an ad hoc public group with members representing a broad spectrum of interests, shall meet as needed to accomplish the following: 12.1.1Monitor the progress of the development of recovery and management plans and status reviews, highlight problems, and make recommendations to the ((department))agency and other interested parties to improve the effectiveness of these processes. ((12.1.2Review these classification procedures six years after the adoption of these rules and report its findings to the commission.))Authority13.1The commission has the authority to classify wildlife as endangered under RCW 77.12.020. Species classified as endangered are listed under WAC 220-610-010, as amended.13.2Threatened and sensitive species shall be classified as subcategories of protected wildlife. The commission has the authority to classify wildlife as protected under RCW 77.12.020. Species classified as protected are listed under WAC 220-200-100, as amended.