WSR 13-16-058 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 13-178—Filed August 1, 2013, 2:39 p.m., effective August 1, 2013, 2:39 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule change is to correct errors in special permit hunts that are used to address agricultural damage by deer and elk as well as population control. This is a matter of safety as well as economic public welfare for impacted Washington citizens.
Citation of Existing Rules Affected by this Order: Amending WAC 232-28-359 and 232-28-360.
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: The department will address these corrections as a permanent rule change during the regularly scheduled 2014 rule development process, but the changes are needed immediately to address agricultural damage for the remainder of 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 1, 2013.
Philip Anderson
Director
NEW SECTION
WAC 232-28-35900D 2013 Deer special permits
Notwithstanding the provisions of WAC 232-28-359: 1) Under the Master Hunter category title, please add the following language; Any legal weapon may be used while hunting the following hunts unless otherwise specified or required by the Hunt Coordinator. Only one animal may be taken under this special permit opportunity. For those special permit hunts allowing the purchase of a second deer tag, hunters can use either their first or second deer tag but are allowed to kill only one animal under the authorization of the special permit. If a hunter uses their general deer tag and kills and tags an animal under this special permit, the second tag may not be used for the general hunting season. 2) Under Master Hunter Deer Hunts, the special restrictions column in the table should read "2nd Tag Allowed" (not "2nd Tag Required").
NEW SECTION
WAC 232-28-36000E 2013 Elk special permits
Notwithstanding the provisions of WAC 232-28-360: 1) Under the Master Hunter Category, the following changes should replace the text at the beginning of that category: Any legal weapon may be used while hunting the following hunts unless otherwise specified or required by the Hunt Coordinator. Only one animal may be taken under this special permit opportunity. For those special permit hunts allowing the purchase of a second elk tag, hunters can use either their first elk or second elk tag but are allowed to kill only one animal under the authorization of the special permit. If a hunter uses their general elk tag and kills and tags an animal under this special permit, the second elk tag may not be used for the general elk hunting season. 2) Under Master Hunter Elk Hunts, the 5th column in the table should read "2nd Tag Allowed" (not "2nd Tag Required"). 3) Under 65+ Senior category, the first Centralia Mine hunt date should be changed to Jan. 4-5, and the second Centralia Mine hunt should be changed to Jan. 11-12. 4) Under the Hunters with Disabilities category, first Centralia Mine hunt date should be changed to Oct. 5-6, and the second Centralia Mine hunt should be changed to Oct. 12-13.
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