WSR 10-16-028

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-168 -- Filed July 23, 2010, 4:22 p.m. , effective July 24, 2010 ]


Effective Date of Rule: July 24, 2010.

Purpose: Amends WAC 232-36-051, which was filed on June 23, 2010, as part of WSR 10-13-182. Also repeals two rules that have been replaced by WACs filed on June 23, 2010, as part of WSR 10-13-182.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-12-086 and 232-12-423; and amending WAC 232-36-051.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

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: On June 4, 2010, the department adopted new rules for handling wildlife interactions and damage claims. This order amends one of those new rules, WAC 232-36-051, because the rule contains an error in subsection (2)(b) by referring to a subsection (7) that does not exist. This order also repeals two existing rules that have been rendered obsolete by adoption of the new rules. The department already has begun the normal rule-making process to amend WAC 232-36-051 and to repeal WAC 232-12-086 and 232-12-423. There is insufficient time to adopt a permanent rule prior to the new wildlife-interaction and damage-claim rules taking effect.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 23, 2010.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-36-05100A   Killing wildlife causing private property damage.   Notwithstanding the provisions of WAC 232-36-051, effective July 24, 2010, until further notice:

(1) Except as specifically provided in a permit from the department or a rule of the commission, people taking wildlife under this rule are subject to the laws and rules of the state including, but not limited to, those found in Title 77 RCW and chapters 220 and 232 WAC.

(2) Subject to subsection (1) above, the following list of wildlife species may be killed with the express permission of the owner when such wildlife is causing damage to private property: Raccoon, fox, bobcat, beaver, muskrat, mink, river otter, weasel, hare, and cottontail rabbits.

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REPEALER


The following sections of the Washington Administrative Code are repealed, effective July 24, 2010:


WAC 232-12-086 Director or his designee is empowered to issue nuisance wildlife control operator certifications to control nuisance or problem wildlife.
WAC 232-12-423 Public hunting defined and access contracts.

Washington State Code Reviser's Office