WSR 17-20-026
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-263—Filed September 27, 2017, 7:41 a.m., effective September 27, 2017, 7:41 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of these emergency rule actions is to create a new Elk Area that would facilitate directing hunting pressure in a specific location and to incorporate that new Elk Area into the existing hunting season structure. Both of these emergency rule actions will help mitigate agricultural damage caused by elk.
Citation of Rules Affected by this Order: WAC 220-415-040 and 220-415-060.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.055, 77.12.047, and 77.12.150.
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: Agricultural damage by elk can be a very dynamic, site-specific development. Occasionally, the department has to adapt to changing circumstances in order to meet the mandate in statute that requires agricultural damage caused by elk to be addressed. Emerging conditions in the Cloverland area require creating new areas where existing hunting season structures can be directed.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 27, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-415-04000A Elk area descriptions
Notwithstanding the provisions of WAC 220-415-040, effective immediately, until further notice, add the following Elk Area description:
Elk Area 1075 (Asotin Co): Private Land (Excluding WDFW Lands) within GMU 175 within the following area: From the intersection of the South Fork Asotin Creek Road and Campbell Grade Road, continuing south until the South Fork Asotin Creek Road crosses the South Fork of Asotin Creek. South along the South Fork of Asotin Creek until it intersects with the USFS property line, due south along the USFS boundary until it reaches the Cloverland Road. NE along the Cloverland Road to the intersection of the Back Road, north along the Back Road to Campbell Grade Road, West on Campbell Grade Road to the intersection with South Fork Asotin Creek Road and the to the point of beginning.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 220-415-06000A Elk special permits
Notwithstanding the provisions of WAC 220-415-060, effective immediately, until further notice, add Elk Area 1075 to the boundary of the following elk special permit hunt:
Antlerless Elk
Hunt Name
Weapon/Tag
Hunters
Hunt Dates
Special Restrictions
Boundary
Permits
Couse
EM
Any
Dec. 1-31
Antlerless
Elk Areas 1075, 1081
35
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.