WSR 10-24-081

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 10-310 -- Filed November 30, 2010, 11:01 a.m. , effective November 30, 2010, 11:01 a.m. ]


Effective Date of Rule: Immediately.

Purpose: The purpose of the emergency rule is to address risks to public safety and protect private property from the dangers posed by cougars. The cougar season was closed sooner than expected due to an unusually high harvest of female cougar. The proposed emergency change allows for additional harvest of males only to increase safety and reduce property damage. The emergency rule change is supported by county government and affected permit hunters.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-285.

Statutory Authority for Adoption: RCW 77.12.047 and ESHB 2438, section 1, chapter 178, Laws of 2007 (uncodified).

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: Addresses risks to public safety and protects private property from the dangers posed by cougars.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 30, 2010.

Philip Anderson

Director


NEW SECTION
WAC 232-28-28500C   2010-2011 Pilot cougar hunting seasons with the aid of dogs.   Notwithstanding the provisions of WAC 232-28-285, effective immediately until further notice:

(1) In all hunt zones EXCEPT Stevens-Pend Oreille, cougar may be pursued or killed from December 1, 2010, until the female zone quota has been killed, the total zone quota has been killed, or March 31, 2011, whichever occurs first. HOWEVER, in GMUs 101, 105, and 204, cougar may be pursued or killed from January 1, 2011, until the female zone quota has been killed, the total zone quota has been killed, or March 31, 2011, whichever occurs first.

(2) In the Stevens-Pend Oreille hunt zone, cougar may be pursued or killed from December 1, 2010, until the total zone quota has been killed, or March 31, 2011, whichever occurs first. If the female zone quota has been killed, permittees may harvest males only.

(3) In the Northeastern CMU, hunt choice 9004, hunt zone Stevens-Pend Oreille, which includes those portions of GMUs 108, 111, 113, 117, and 121 within Stevens and Pend Oreille counties, the total quota is changed from 19 to 23. The female quota remains 7.

(4) In the Stevens-Pend Oreille hunt zone, killing a female after the female zone quota has been killed is a violation of RCW 77.15.750.

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Washington State Code Reviser's Office