WSR 16-14-056 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 16-164—Filed June 30, 2016, 9:46 a.m., effective July 1, 2016] Effective Date of Rule: July 1, 2016.
Purpose: To prevent new and multiple wildfires during this period of extreme fire 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 232-13-050, 232-13-070, and 232-13-150.
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: Addresses an emergency need to prevent new and multiple wildfires during this period of extreme fire danger, and reduces the risk to life, health and property. Provides fire protection consistency with department of natural resources burn ban enacted July 1, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 29, 2016.
Ron Warren
for J. W. Unsworth
Director
NEW SECTION
WAC 232-13-05000C Operating chainsaws, welding, or operating an acetylene or other torch with open flame.
(1) Effective immediately until further notice, in wildlife areas and access sites in eastern Washington owned or controlled by the department, it is unlawful to:
(a) Operate a chainsaw without a permit or approval from the director; or
(b) Weld or operate an acetylene torch or other open flame without a permit or approval from the director.
2) A violation of this section is an infraction punishable under RCW 77.15.160 (5)(b).
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040. NEW SECTION
WAC 232-13-07000E Fires, campfires and smoking.
(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 in wildlife areas and access sites owned or controlled by the department in eastern Washington without a permit or approval from the director. However, it is permissible to use personal camp stoves or lanterns fueled by liquid petroleum, liquid petroleum gas, or propane.
(2) Effective immediately until further notice, it is unlawful to smoke in wildlife areas and access sites owned or controlled by the department in eastern Washington, except in an enclosed vehicle.
(3) A violation of this section is an infraction punishable under RCW 77.15.160 (5)(b).
NEW SECTION
WAC 232-13-15000D Operating a motor vehicle off developed roadways.
(1) Effective immediately until further notice, it is unlawful to operate a motor vehicle off developed roadways in wildlife areas and access sites owned or controlled by the department in eastern Washington. 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 punishable under RCW 77.15.160 (5)(b).
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