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Commission debates meaning of 'significant portion of its range' ahead of species‑classification rulemaking
Summary
Commissioners asked for legal and scientific background on the phrase 'significant portion of its range' used in proposed wildlife classification rules (WAC); staff noted the WACC already contains an expressed definition and the topic will be considered by the wildlife committee with a full briefing in September.
Commissioner Baker raised concerns about the legal and historical interpretation of the phrase “significant portion of its range” in the proposed endangered, threatened and sensitive wildlife species classification WAC, saying the commission needs more context before making changes that effectively become state law. "I believe we need to know more about the history, especially the legal history of the phrase substantial portion of its range," Baker said, and asked for a briefing on national practice and litigation.
Staff counsel responded that the commission’s own WACC contains an expressed definition of the phrase and noted that clarifying language would be a rulemaking action under state procedure. Commissioners debated whether the issue should be developed first in the wildlife committee and then briefed to the full commission in September; several members called for a focused problem statement from Commissioner Baker that would specify whether she wanted a legal review, a science review, or both.
Commissioners agreed to use the committee process and scheduled related briefing time: the wildlife committee will continue working the topic and the full commission will receive a briefing in September. Staff will accept a one‑page problem statement from Commissioner Baker to frame the materials needed for that work.
