WSR 12-02-069

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-02 -- Filed January 3, 2012, 3:55 p.m. , effective January 3, 2012, 3:55 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Allow officers to take into custody and, if necessary, destroy dogs that are pursuing, harassing, attacking, or killing deer, elk, and bighorn sheep.

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

Statutory Authority for Adoption: RCW 77.12.047, 77.04.020, and 77.12.315.

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 into custody and, if necessary, destroy dogs that are pursuing, harassing, attacking or killing these animals. There is insufficient time to adopt 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 3, 2012.

Philip Anderson

Director


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

(1) Benton County

(2) Chelan County

(3) Douglas County

(4) Ferry County

(5) Franklin County

(6) Kitittas County

(7) Klickitat County

(8) Lincoln County

(9) Okanogan County

(10) Pend Oreille County

(11) Spokane County

(12) Stevens County

(13) Yakima County

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Washington State Code Reviser's Office