WSR 04-19-020

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-239 -- Filed September 7, 2004, 10:53 a.m. ]


Purpose: Amend wildlife rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-266.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The current level of antlerless-only landowner damage access permits will not adequately reduce damage from elk migrating off the Hanford Reservation into Benton County, where both bull and cow elk are causing significant damage. This rule is needed to reduce damage claims. There is inadequate time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 7, 2004.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-26600A   Landowner damage hunts.   Notwithstanding the provisions of WAC 232-28-266, the statewide number of landowner damage access permits for 2004 is increased to 300, and the additional permits are limited to 20 antlered or antlerless elk permits, 20 spike only or antlerless elk permits, and 60 anterless only elk permits issued to landowners in GMU 372.

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