WSR 04-19-025

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-247 -- Filed September 8, 2004, 4:54 p.m. , effective September 8, 2004 ]


     

     Purpose: Amend wildlife rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 232-28-337.

     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 advanced hunter education hunt in Area 3911, currently underway, is a damage control hunt. The hunt area needs to be expanded to control the elk population. Permanent rule making is underway to establish the new boundary, but the rule needs to be in place immediately to prevent further elk damage. There is insufficient 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 8, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-33700B   Elk Area 3911 description.   Notwithstanding the provisions of WAC 232-28-337, effective immediately until further notice the boundary for elk area 3911 Fairview (Kittitas County) is as follows:

     Beginning with BPA Powerlines in T20N, R14E, Section 36; E along power lines through Cle Elum to Teanaway Rd; N on Teanaway Rd to Ballard Hill Rd; E on Ballard Hill Rd and Swauk Prairie Rd to Hwy 970; N on Hwy 970 to Hwy 97; S on Hwy 97 to powerlines in T20N, R17E, Section 34; E on power lines to Nanum Crk; S on Naneum Crk approximately 1/2 mile to power lines in T19N, R19E, Section 20; E along BPA power lines to Colockum Pass Rd in T19N, R20E, Section 16; S on Colockum Pass Rd to BPA power lines in T18N, R20E, Section 6; E & S along power lines to Parke Crk Rd; N on Parke Crk Rd to Whiskey Jim Rd; E on Whiskey Jim Rd to Beacon Ridge Rd; S on Beacon Ridge Rd to Vantage Hwy; E along Vantage Hwy to I-90; W along I-90 to Yakima Training Center bndry; S & W along Yakima Training Center bndry to I-82; N on I-82 to Thrall Rd; W on Thrall Rd to Wilson Crk; S on Wilson Crk to Yakima Rvr; N on Yakima Rvr to gas pipeline crossing in T17N, R18E, Section 25; S & W on gas pipeline to Umtanum Crk; W on Umtanum Crk to Durr Rd; N on Durr Rd to Umtaneum Rd; N on Umptaneum Rd to S Branch Canal; W on S Branch Canal to Bradshaw Rd; W on Bradshaw to elk fence; N & W along elk fence to powerline crossing in T19N, R16E, Section 10; W along powerline (S branch) to Cabin Crk Rd; E & N on Cabin Crk Rd to Eon & I-90; E on I-90 to point of beginning.

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     Reviser's note: The spelling errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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