WSR 08-01-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 07-290 -- Filed December 11, 2007, 2:09 p.m. , effective December 11, 2007, 2:09 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend wildlife rules.

Citation of Existing Rules Affected by this Order: Amending WAC 232-12-315.

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: Weather conditions have forced deer, elk and bighorn sheep to lower elevations, where harassment by dogs has been observed. In order to protect deer, elk and bighorn sheep, it is necessary to allow officers to take dogs into custody, and if necessary, destroy dogs. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 11, 2007.

Phil Anderson

for Jeff Koenings

Director


NEW SECTION
WAC 232-12-31500S   Emergency for custody or destruction of dogs harassing deer, elk or bighorn sheep.   Effective immediately until further notice, an emergency is declared in the following Washington State counties, and making it permissible for Fish and Wildlife Officers to take into custody or destroy, if necessary, any dog that is pursuing, harassing, attacking or killing deer, elk or bighorn sheep.

(1) Chelan County

(2) Douglas County

(3) Ferry County

(4) Kitittas County

(5) Lincoln County

(6) Okanogan County

(7) Pend Oreille County

(8) Spokane County

(9) Stevens County

(10) Yakima County

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Reviser's note: The spelling 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.

Washington State Code Reviser's Office