WSR 12-21-060

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-241 -- Filed October 16, 2012, 11:20 a.m. , effective October 16, 2012, 11:20 a.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Repeal emergency rules adopted for Washington department of fish and wildlife (WDFW) lands due to heightened wildfire danger.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-13-07000A, 232-13-07500A, 232-13-13000A, 232-13-14300A, 232-13-14500A, and 232-13-15500A.

     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: Mandatory meat pick-out rate allowance for coastal crab will be achieved by the opening dates contained herein. The special management areas are listed in accordance with state/tribal management agreements. The stepped opening periods/areas will also provide for fair-start provisions. There is insufficient time to adopt permanent rules.

     Conditions creating a high risk of wildfire that made additional restrictions on WDFW lands necessary are no longer present. Thus, the above-listed emergency rules enacted to safeguard against wildfire risks are now unnecessary. An emergency repeal of these emergency rules is appropriate given the reduced risk of wildfire and the current increased use of these lands for hunting activities.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 6.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 16, 2012.

Joe Stohr

for Philip Anderson

Director


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 232-13-07000A Fires and campfires (12-213)
WAC 232-13-07500A Smoking (12-213)
WAC 232-13-13000A Firearms and target practicing (12-213)
WAC 232-13-14300A Chainsaws and other power equipment (12-213)
WAC 232-13-14500A Welding or operating an acetylene or other torch with open flame (12-213)
WAC 232-13-15500A Operating a motor vehicle off developed roadways (12-213)