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Do you agree with HB 1199: Providing F&W Commission tools to change the status of a specie?

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9 (100%)
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Total Members Voted: 9

Author Topic: HB 1199: Providing F&W Commission tools to change the status of a specie  (Read 1848 times)

Offline bearpaw

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http://app.leg.wa.gov/billinfo/summary.aspx?bill=1199&year=2015#documents

HOUSE BILL 1199
Providing the fish and wildlife commission with the tools necessary to enact changes to the status of a species.

State of Washington 64th Legislature 2015 Regular Session
By Representatives Short, Blake, Kretz, Wilcox, Schmick, and Buys

Read first time 01/15/15. Referred to Committee on Agriculture &
Natural Resources.

AN ACT Relating to providing the fish and wildlife commission
1with the tools necessary to enact changes to the status of a species;
2amending RCW 77.12.020, 77.04.090, and 77.04.012; and adding a new
3section to chapter 77.12 RCW.
4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5Sec. 1. RCW 77.12.020 and 2014 c 202 s 302 are each amended to
6read as follows:
7(1) The director shall investigate the habits and distribution of
8the various species of wildlife native to or adaptable to the
9habitats of the state. The commission shall determine whether a
10species should be managed by the department and, if so, classify it
11under this section.
12(2) The commission may classify by rule wild animals as game
13animals and game animals as fur-bearing animals.
14(3) The commission may classify by rule wild birds as game birds
15or predatory birds. All wild birds not otherwise classified are
16protected wildlife.
17(4) In addition to those species listed in RCW 77.08.020, the
18commission may classify by rule as game fish other species of the
19class Osteichthyes that are commonly found in freshwater except those
20classified as food fish by the director.
21H-0593.4
p. 1 HB 1199

(5) The director may recommend to the commission that a species
1of wildlife should not be hunted or fished. The commission may
2designate species of wildlife as protected.
3(6) If the director determines that a species of wildlife is
4seriously threatened with extinction in the state of Washington, the
5director may request its designation as an endangered species. The
6commission may designate, and remove the designation for, an
7endangered species. The commission may remove the designation of a
8terrestrial mammal species on a regional basis consistent with
9section 2 of this act. However, all initial designations for any
10species must be made on a statewide basis
.
11(7) If the director determines that a species of the animal
12kingdom, not native to Washington, is dangerous to the environment or
13wildlife of the state, the director may request its designation as
14deleterious exotic wildlife. The commission may designate deleterious
15exotic wildlife.
16(8) Upon recommendation by the director, the commission may
17develop a work plan to eradicate native aquatic species that threaten
18human health. Priority shall be given to water bodies that the
19department of health has classified as representing a threat to human
20health based on the presence of a native aquatic species.
21NEW SECTION. Sec. 2. A new section is added to chapter 77.12
22RCW to read as follows:
23(1) If the commission has listed a terrestrial mammal species
24statewide as endangered, threatened, or sensitive in Washington under
25RCW 77.12.020, it must consider any petitions for removing a species
26from classification under RCW 77.12.020 on a regional basis.
27(2)(a) Regional changes to the listing status of a terrestrial
28mammal species must, given the preponderance of scientific data
29available, be based on regional population numbers and the biological
30status of the species as it exists in the proposed region and not on
31the region's contribution to the overall statewide species recovery.
32(b) In making decisions relating to petitions for a regional
33change in the status of a species, the commission:
34(i) Must consider the parallel federal endangered species act
35status of the species in question for the region where a change in
36status is petitioned;
37
p. 2 HB 1199

(ii) Must use the regional designation as identified in the1petition as the basis for consideration of the status of the species
2and delineation of the relevant region; and
3(iii) May not use any previously adopted statewide recovery or
4management plans, and the standards included in those plans, as a
5basis for determining regional biological status for the subject
6species.
7(3) If a petition for removing a species from classification
8under RCW 77.12.020 on a regional basis is denied, the commission
9must provide detailed information, including references to any
10relevant scientific data, that supports and explains the decision to
11deny.
12(4)(a) Upon a regional change in listing status, the commission
13must, consistent with this section, amend any relevant management
14plans, recovery plans, or administrative rules related to the subject
15species so that management of the species in the region is tailored
16to the needs of the region and not to the overall statewide needs of
17the species.
18(b) All regional management plans and associated rules must
19provide for a balance of management outcomes that considers:
20(i) The regional management needs of the subject species;
21(ii) How the management of the subject species affects wildlife
22management of all species in the region; and
23(iii) How the management of both the subject species and all
24other species in the region affects, as the paramount priority, local
25customs and cultures.
26(c) The department must give deference to the customs and culture
27of local communities over statewide goals for any species subject to
28a regional change in listing status under this section and in any
29subsequent changes in management plans, recovery plans, or
30administrative rules related to the subject species. To assist the
31department in understanding local customs, priorities, and cultures,
32all plans and rules adopted after a regional change in listing status
33must be developed jointly and in coordination with all interested
34county legislative authorities in the affected region. The
35coordination among local legislative authorities and the department
36required under this subsection must commence in the initial planning
37stages of any management or rule changes and continue, in concert,
38through all implementation and monitoring stages.
39
p. 3 HB 1199

Sec. 3. RCW 77.04.090 and 1996 c 267 s 35 are each amended to1read as follows:
2(1) The commission shall adopt permanent rules and amendments to
3or repeals of existing rules by approval of a majority of the members
4by resolution, entered and recorded in the minutes of the
5commission((: PROVIDED, That)). However, the commission may not:
6(a) Adopt rules after July 23, 1995, that are based solely on a
7section of law stating a statute's intent or purpose, on the enabling
8provisions of the statute establishing the agency, or on any
9combination of such provisions, for statutory authority to adopt any
10rule; or
11(b) Adopt any rule relating to the management of a terrestrial
12mammal species subject to a regional change in listing status under
13section 2 of this act without fully coordinating with local elected
14officials as required in section 2 of this act.
15(2)(a) The commission shall adopt emergency rules by approval of
16a majority of the members. The commission, when adopting emergency
17rules under RCW 77.12.150, shall adopt rules in conformance with
18chapter 34.05 RCW. Judicial notice shall be taken of the rules filed
19and published as provided in RCW 34.05.380 and 34.05.210.
20(b) A copy of an emergency rule, certified as a true copy by a
21member of the commission, the director, or by a person authorized in
22writing by the director to make the certification, is admissible in
23court as prima facie evidence of the adoption and validity of the
24rule.
25Sec. 4. RCW 77.04.012 and 2000 c 107 s 2 are each amended to
26read as follows:
27(1) Wildlife, fish, and shellfish are the property of the state.
28The commission, director, and the department shall preserve, protect,
29perpetuate, and, consistent with section 2 of this act, manage the
30wildlife and food fish, game fish, and shellfish in state waters and
31offshore waters.
32(2) The department shall conserve the wildlife and food fish,
33game fish, and shellfish resources in a manner that does not impair
34the resource. In a manner consistent with this goal, the department
35shall seek to maintain the economic well-being and stability of the
36fishing industry in the state. The department shall promote orderly
37fisheries and shall enhance and improve recreational and commercial
38fishing in this state.
39
p. 4 HB 1199

(3) The commission may authorize the taking of wildlife, food1fish, game fish, and shellfish only at times or places, or in manners
2or quantities, as in the judgment of the commission does not impair
3the supply of these resources.
4(4) The commission shall attempt to maximize the public
5recreational game fishing and hunting opportunities of all citizens,
6including juveniles, ((disabled)) individuals with disabilities, and
7senior citizens.
8(5) Recognizing that the management of our state wildlife, food
9fish, game fish, and shellfish resources depends heavily on the
10assistance of volunteers, the department shall work cooperatively
11with volunteer groups and individuals to achieve the goals of this
12title to the greatest extent possible.
13(6) Nothing in this title shall be construed to infringe on the
14right of a private property owner to control the owner's private
15property.
16
--- END ---
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Offline bearpaw

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Re: HB 1199: Providing F&W Commission tools to change the status of a specie
« Reply #1 on: January 29, 2015, 06:45:07 PM »
If this legislation passed it would change the requirements for delisting species, including wolves.
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Offline csaaphill

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Re: HB 1199: Providing F&W Commission tools to change the status of a specie
« Reply #2 on: January 30, 2015, 02:32:15 AM »
 :tup: only as long as they can't arbitarely list an animal species such as deer, elk, or others on their own whim. then yes I woudl be for this.
"When my bow falls, so shall the world. When me heart ceases to pump blood to my body, it will all come crashing down. As a hunter, we are bound by duty, nay, bound by our very soul to this world. When a hunter dies we feel it, we sense it, and the world trembles with sorrow. When I die, so shall the world, from the shock of loosing such a great part of ones soul." Ezekiel, Okeanos Hunter

Offline sakoshooter

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Re: HB 1199: Providing F&W Commission tools to change the status of a specie
« Reply #3 on: January 30, 2015, 07:43:15 PM »
:tup: only as long as they can't arbitarely list an animal species such as deer, elk, or others on their own whim. then yes I woudl be for this.

My thoughts exactly. It would have to work for wildlife and sportsmen.
Rhinelander, WI
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