Effective Date of Rule: Immediately.

     Purpose: To amend elk hunting rules described in WAC 232-28-360.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-36000A; and amending WAC 232-28-360.

     Statutory Authority for Adoption: RCW 77.12.047.

     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: With regard to the Green River, Toutle, and Margaret modern firearm special permit hunts, the hunt dates originally adopted in the WAC would have resulted in overlaps between archers and modern firearm hunters or were outside of the timeframe desired by the landowners who provide recreational access to hunters. Corrections to the dates were provided to the public via alternate means (agency web site). These corrections will help to avoid confusion for the more than sixty thousand Washington citizens who take part in the special permit application process.

     The hunt dates for the quality, modern firearm, Quinault hunt were changed from September 16 through September 20, 2012, as originally filed in the notice of proposed rule making (CR-102) dated February 1, 2012, to September 24 through September 28, 2012, at the April 13-14, 2012, fish and wildlife commission meeting. However, due to an oversight, this date change was not included in the permanent rule-making order. This emergency change revises the WAC to make it consistent with hunt dates adopted by the fish and wildlife commission.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 7, 2012.

Philip Anderson

Director

     Under the Quality elk section, the dates for the Green River modern firearm (WF) hunt should be changed from Nov. 12-18 to Oct. 27-Nov. 2.

     Under the Quality elk section, the dates for the Toutle modern firearm (WF) hunt should be changed from Sept. 17-30 and Nov. 3-14 to Sept. 24-28 and Nov. 3-14.

     Under the Quality elk section, the dates for the Quinault modern firearm (WF) hunt should be changed from Sept. 16-20 to Sept. 24-28.

     Under the Bulls section, the dates for the Margaret modern firearm (WF) hunt with 4 permits should be changed from Sept. 17-30 and Nov. 3-14 to Sept. 24-30 and Nov. 3-14.

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     The following section of the Washington Administrative Code is repealed:

WAC 232-28-36000A

2012 Elk special permits.