WSR 19-22-039
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 19-271—Filed October 31, 2019, 3:13 p.m., effective October 31, 2019, 3:13 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The proposal will amend a landmark description in WAC 220-416-070 and 220-413-180.
Citation of Rules Affected by this Order: Amending WAC 220-416-070 and 220-413-180.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, and 77.12.240.
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: This emergency rule is needed to update a landmark reference in the WAC listed. WAC 220-416-070 and 220-413-180 both contain the language "… the old Hanford townsite power line crossing (wooden towers) in Section 24 …" when describing the boundary of areas that are associated with special closures. Washington department of fish and wildlife was recently notified the wooden towers referenced in this language are being torn down in November, but the power lines will remain. Waterfowl and big-game seasons when these rules apply are currently open and ongoing. There is insufficient time to adopt permanent rules.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 31, 2019.
Kelly Susewind
Director
NEW SECTION
WAC 220-413-18000ASpecial closures and firearm restriction areas.
Notwithstanding the provisions of WAC 220-413-180, effective immediately:
Columbia River: The Columbia River, all islands except privately owned, in the river, the Benton County shoreline below the high water mark, Central Hanford Department of Energy property, and any peninsula originating on the Benton County shoreline, between Vernita Bridge on Highway 24 downstream to the Richland city limits are designated as a "CLOSED AREA" to hunting wild animals and wild birds except waterfowl hunting is open below the high water mark between the old Hanford townsite power line crossing in Section 24, T 13 N, R 27 E, and the Richland city limits.
NEW SECTION
WAC 220-416-07000AColumbia, Snake, and Yakima River waterfowl, coot, and snipe closures.
Notwithstanding the provisions of WAC 220-416-070, effective immediately:
It is unlawful to hunt migratory waterfowl, coot, and snipe on or within the Columbia River and those lands lying within one-quarter mile of the Columbia River between the old Hanford townsite power line crossing in Section 24, T13N, R27E, to Vernita Bridge (Highway 24). (Benton, Franklin, and Grant counties)