WSR 09-18-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-154 -- Filed August 21, 2009, 10:22 a.m. , effective August 21, 2009, 10:22 a.m. ]


Effective Date of Rule: Immediately.

Purpose: The purpose of the emergency rule is to amend hunting rules by removing Game Management Unit (GMU) 330 West Bar from the general elk hunting season, as described in WAC 232-28-352.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-35200F; and amending WAC 232-28-352.

Statutory Authority for Adoption: RCW 77.12.047, 77.12.020, 77.12.570, 77.12.210, 77.12.150, 77.12.240.

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: GMU 330 was inadvertently included in the general season; this was not the intention of the agency. In the past when this GMU was open for general season elk hunting, groups of elk have crossed the Columbia River in response to hunting activity. Elk crossing the river occupy private land that is developed for housing, agriculture, and golf courses. When this happens, the situation deteriorates into a wildlife nuisance and agricultural damage scenario. In addition, allowing elk on the "wrong" side of the river creates an attractive nuisance and public hunting is a less appropriate tool in this area than it is in other damage situations. To protect public welfare, this error in the hunting regulations needs to be resolved and there is insufficient time to create rules to correct this error outside the emergency rule process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 18, 2009.

Philip Anderson

Interim Director


NEW SECTION
WAC 232-28-35200F   2009-2011 Elk general seasons and definitions.   Notwithstanding the provisions of WAC 232-28-352, effective immediately until November 9, 2009, remove Game Management Unit 330 West Bar from the general elk hunting season.

[]


REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. November 8, 2009.


WAC 232-28-35200F 2009-2011 Elk general seasons and definitions.

Washington State Code Reviser's Office