WSR 08-19-067

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 08-236 -- Filed September 15, 2008, 3:00 p.m. , effective September 15, 2008, 3:00 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend hunting rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-35400K; and amending WAC 232-28-354.

Statutory Authority for Adoption: RCW 77.12.047, 77.12.020, 77.12.570, 77.12.210.

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: As a result of a programming error in the special permit selection computer system, a small number of applicants who applied as group members, and whose groups were selected for special permits, did not receive a special permit as they should have. To treat all applicants fairly and to address the public welfare aspect of this computer error, these successful applicants should be awarded their special permits through emergency action. To facilitate the award of these special permits, the available special permit quota will have to be increased for those specific hunts.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 15, 2008.

J. P. Koenings

Director


NEW SECTION
WAC 232-28-35400K   2008 Elk special permits.   Notwithstanding the provisions of WAC 232-28-354, effective immediately, change the number of permits to 90 on the Goose Prairie A modern firearm bull permit hunt, valid for dates October 20 through November 2, 2008, for any bull, in GMUs 352 and 356.

[]


REPEALER

The following section of the Washington Administrative Code is repealed effective 11:59 p.m. November 2, 2008:


WAC 232-28-35400K 2008 Elk special permits.

Washington State Code Reviser's Office