WSR 05-16-057

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 05-158 -- Filed July 29, 2005, 9:52 a.m. , effective July 29, 2005 ]


Purpose: Amend hunting rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-351 and 232-28-352.

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: Deer populations in GMUs 142 and 162 have declined due to unseasonable drought conditions and disease. Reductions in the permit seasons are inadequate to ensure that overharvest of the deer resource will not occur, so the second tag early season opportunity will be curtailed. The elk population in Elk Area 3911 continues to cause property damage, and offering a second elk tag will reduce damage claims. An earlier season opening in GMU 181 will also reduce damage to agricultural crops and reduce damage claims. There is insufficient time to promulgate permanent rules prior to the opening of the respective seasons.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 28, 2005.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-35100D   Deer general seasons and permits.   Notwithstanding the provisions of WAC 232-28-351, effective immediately until further notice no second deer tags will be issued for the Columbia whitetail antlerless hunt in Deer Area 1010 and GMU 163. Second tags issued for the Almota B antlerless hunt in GMU 142 will be reduced to 100.

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NEW SECTION
WAC 232-28-35200D   Elk general seasons and special permits.   Notwithstanding the provisions of WAC 232-28-352, effective immediately until further notice:

(1) Advanced Hunter Education Master Hunters who hunt in Elk Area 3911 from August 1 through September 30, 2005, who successfully take an antlerless elk, and who notify the department by October 31, 2005, may purchase a second elk transport tag. Notification must be following the harvest of an elk from Elk Area 3911 and no later than October 31, 2005. These hunters will be issued a second elk transport tag valid for the general season for the same hunting method as specified on the first tag.

(2) The Couse B modern firearm special permit in GMU 181 is open only August 27 through September 7, 2005.

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Washington State Code Reviser's Office