EMERGENCY RULES
FISH AND WILDLIFE
Effective Date of Rule: Immediately.
Purpose: To support existing aquatic invasive species (AIS) laws under chapter 77.120 RCW, and to implement new requirements for AIS control under E2SSB 5923, which became effective on July 22, 2007.
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: A new law, E2SSB 5923, became effective on July 22, 2007. The law regulates the control of AIS and the management of ballast water. AIS poses a significant risk to the marine and fresh waters of the state, and therefore to the health, safety, and general welfare of Washington residents. It is vitally important to prevent the introduction of AIS because once introduced, these species are very difficult and costly to eradicate.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 3, 2007.
Loreva M. Preuss
for Jeff Koenings
Director
OTS-9913.1
NEW SECTION
WAC 220-77-100
Aquatic invasive species check
stations -- Inspection of watercraft and
equipment -- Requirements -- Penalty.
Any operator of a motor
vehicle transporting a recreational or commercial watercraft
and approaching or entering an aquatic invasive species check
station must stop and allow check station staff to inspect the
watercraft and any associated equipment for the presence of
aquatic invasive species. For this purpose, the check station
will be plainly marked by signs and must be operated by at
least one uniformed fish and wildlife officer.
(1) A person is guilty of unlawfully avoiding an aquatic invasive species check station if the person fails to:
(a) Obey check station signs; or
(b) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer.
(2) Unlawfully avoiding an aquatic invasive species check station is a gross misdemeanor.
[]