WSR 13-23-006

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 13-280—Filed November 7, 2013, 11:29 a.m., effective November 7, 2013, 11:29 a.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 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: Repealing WAC 232-28-36000F; and amending WAC 232-28-360.

Statutory Authority for Adoption: RCW 77.04.012, 77.12.047, 77.12.150.

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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 7, 2013.

Philip Anderson

Director

NEW SECTION

WAC 232-28-36000G 2013 Elk special permits.

Notwithstanding the provisions of WAC 232-28-360, effective immediately:

1) Under 65+ Senior category, the Toledo hunt date is Nov. 18-26.

2) Under 65+ Senior category, the first Centralia Mine hunt date is Jan. 4-5, and the second Centralia Mine hunt is Jan. 11-12.

3) Under the Hunters with Disabilities category, the Toledo hunt date is Nov. 18-26.

4) Under the Master Hunter Category, the following paragraph replaces 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.

5) Under Master Hunter Elk Hunts in the 2nd column: Replace the word "required" with "allowed."

6) Under the Master Hunter Category, the first Toledo hunt date is Nov. 18-26.

REPEALER

The following section of the Washington Administrative Code is repealed:


WAC 232-28-36000F	2013 Elk special permits