WSR 20-10-064
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 20-63—Filed May 1, 2020, 11:33 a.m., effective May 5, 2020]
Effective Date of Rule: May 5, 2020.
Purpose: The Washington department of fish and wildlife (WDFW) is repealing the closure of its lands, including all wildlife area units and all water access areas that are typically open for public access, effective May 5, 2020. These areas had been closed to public access due to the governor's order to "stay home, stay healthy" and are being reopened for day use only due to the Governor's Proclamation amendment 20-25.2 for the partial reopening of outdoor recreational activities.
WDFW lands remain closed to camping, until further notice, in order to comply with the social distancing and public safety precautions associated with the COVID-19 threat. We will reassess the need for the camping closure as more information becomes available.
Citation of Rules Affected by this Order: Repealing WAC 220-500-04000C.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.013, 77.04.020, and 77.04.055.
Other Authority: None.
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: WDFW is repealing the closure of its lands, including all wildlife area units and all water access areas that are typically open for public access. These areas had been closed to public access due to the governor's order to "stay home, stay healthy" and are being reopened for day use only due to the governor's partial reopening of outdoor recreational activities.
In addition to the governor's office, this action is being coordinated with the departments of natural resources and parks and recreation as part of a broader effort to reopen state lands for recreational day use, particularly by local residents. The governor's proclamation amendment includes requirements to exclude gatherings with people who are not members of the same household and maintain social distancing for the continued protection of public health and safety.
WDFW is maintaining the emergency closure of its lands for camping as that activity encourages overnight travel and gatherings of people and presents additional challenges associated with maintaining the social distancing and sanitation measures to prevent the spread of COVID-19. Prior to the state lands closure, we saw an increase in the use of our campgrounds and data indicates that most state campground users travel significant distances to experience camping, thus increasing the potential incidence of human interaction and contact that we are all trying to minimize.
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 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: May 1, 2020.
Kelly Susewind
Director
REPEALER
The following section of the Washington Administrative Code is repealed, effective May 5, 2020.
WAC 220-500-04000C
Regulating public access.