WSR 12-19-073

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-213 -- Filed September 17, 2012, 4:49 p.m. , effective September 17, 2012, 4:49 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: To prevent new and multiple wildfires during this period of extreme danger; and to prevent the severe deterioration of air quality, which exacerbates the risk to life, health, and property.

     Citation of Existing Rules Affected by this Order: Amending WAC 232-13-070 and 232-13-130.

     Statutory Authority for Adoption: RCW 77.12.210.

     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: Fire danger is exceedingly high at this time. Numerous fires in the central part of the state have threatened extensive damage to homes, public facilities, businesses, public utilities, and infrastructure, impacting the life and health of our citizens throughout eastern Washington. Fires also have created an air pollution problem affecting citizens statewide. The department must thwart new and multiple fires by prohibiting many activities that could cause wildfires.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 17, 2012.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 232-13-07000A   Fires and campfires   (1) Notwithstanding the provisions of WAC 232-13-070, effective immediately until further notice, it is unlawful to build, start, or maintain fires or campfires on wildlife areas and access sites owned or controlled by the department of fish and wildlife without a permit or approval from the director. However, it is permissible to use personal camp stoves or lanterns that are fueled by liquid petroleum, liquid petroleum gas, or propane.

     (2) A violation of this section is an infraction punished under RCW 77.15.160 (4)(b).

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NEW SECTION
WAC 232-13-07500A   Smoking   (1) Effective immediately until further notice, it is unlawful to smoke on wildlife areas and access sites owned or controlled by the department of fish and wildlife, except in an enclosed vehicle, a building, or within a 3-foot diameter that is cleared down to mineral soil.

     (2) A violation of this section is an infraction punished under RCW 77.15.160 (4)(b).

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NEW SECTION
WAC 232-13-13000A   Firearms and target practicing   (1)     Notwithstanding the provisions of WAC 232-13-130, effective immediately until further notice, it is unlawful on wildlife areas and access sites owned or controlled by the department of fish and wildlife to discharge firearms for purposes of target practicing, except in designated target-shooting areas.

     (2) A violation of this section is an infraction punished under RCW 77.15.160 (4)(b).

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NEW SECTION
WAC 232-13-14300A   Chainsaws and other power equipment   (1) Effective immediately until further notice, on wildlife areas and access sites owned or controlled by the department of fish and wildlife, it is unlawful without a permit or approval from the director to operate a chainsaw or other equipment powered by an internal combustion engine.

     (2) A violation of this section is an infraction punished under RCW 77.15.160 (4)(b).

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NEW SECTION
WAC 232-13-14500A   Welding or operating an acetylene or other torch with open flame.   (1) Effective immediately until further notice, it is unlawful without a permit or approval from the director to weld or operate an acetylene torch or other open flame on wildlife areas and access sites owned or controlled by the department of fish and wildlife.

     (2) A violation of this section is an infraction punished under RCW 77.15.160 (4)(b).

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NEW SECTION
WAC 232-13-15500A   Operating a motor vehicle off developed roadways.   (1) Effective immediately until further notice, it is unlawful on wildlife areas and access sites owned or controlled by the department of fish and wildlife to operate a motor vehicle off developed roadways. However, it is permissible to park in an area devoid of vegetation within 10 feet of the roadway, and to park overnight in developed campgrounds and at trailheads.

     (2) A violation of this section is an infraction punished under RCW 77.15.160 (4)(b).

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