WSR 15-14-016

EMERGENCY RULES

[Order 15-184—Filed June 22, 2015, 10:15 a.m., effective June 22, 2015, 10:15 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: To assist landowners with minimizing ungulate caused property damage during growing seasons for high value agriculture crops, the emergency rule would change damage permit hunt start dates as follows:

Additionally, Elk Area 3721 branch bull would change to any bull and the closing date changes from July 31 to June 30; to align with the changes outlined above. This will allow the department to utilize hunters to remove animals and increase pressure on animals causing damage to crops in July.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-266.

Statutory Authority for Adoption: RCW 77.12.047, 77.12.150, 77.36.30 [77.36.030].

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 continues to receive escalating reports of ungulate caused crop damage during the month of July; particularly in areas where deer and elk populations have met or exceed current management objectives. The department has been effective in using damage prevention permits, from August 1 – March 31, to provide landowners opportunities to utilize licensed hunters for mitigating and minimizing damage to their crops. The inclusion of July in the damage prevention permit season provides an opportunity to increase pressure on those animals causing damage, thereby discouraging them from frequenting the crop lands, and remove individuals that are causing damage. These efforts will assist in minimizing damage to crops and mitigate potential claims for compensation. Therefore, it is in the interest of general welfare that an emergency rule be enacted. The department has initiated rule development for this WAC.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 1, 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: June 22, 2014 [2015].

J. W. Unsworth

Director