Purpose: The Washington department of fish and wildlife (WDFW) is reopening its lands to overnight camping in Washington counties that have been approved to move to Phase 2 of the Governor's Safe Start plan where camping is otherwise allowed (e.g., campgrounds, water access areas, and dispersed camping on wildlife areas). Individuals staying overnight on WDFW lands must comply with the social distancing and public safety precautions described in the Safe Start plan.

All lands within counties that remain in Phase 1 shall remain closed to camping to comply with the governor's order to "Stay Home, Stay Healthy," and the Governor's Safe Start plan.

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: Under the Governor's Safe Start plan, counties with an average of less than ten new COVID-19 cases per one hundred thousand residents over a fourteen day period are eligible to apply for a variance to move to Phase 2. The application process requires support from the local health officer, the local board of health, local hospitals, and the county commission or council. Each county must demonstrate that they have adequate local hospital bed capacity as well as adequate personal protection equipment supplies to keep health care workers safe and must submit a plan describing how they intend to comply with the provisions of the Safe Start plan. As of this date, there are twenty-four counties that have been approved to move to Phase 2 and an additional three counties that are eligible to apply.

Additionally, WDFW does not allow camping on its lands in western Washington; therefore, even if westside counties are in Phase 2, camping on WDFW lands would still be prohibited in those areas.

WDFW lands in those counties that remain in Phase 1 in central and eastern Washington where camping on WDFW lands is typically allowed shall remain closed to camping until further notice or the previous emergency rule (WSR 20-08-043) expires on July 23, 2020.

Individuals and families from the same household who use WDFW lands for camping must comply with the Governor's Safe Start plan for Phase 2, such as limiting travel distance, and practicing social distancing and self-sanitation measures. Individuals and families are also required to comply with any county COVID-19 requirements, which may include mandatory face coverings when recreating outdoors.

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 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.

Effective June 1, 2020, and until further notice, or until this expires on July 23, 2020, the provisions of WAC 220-500-100 shall be as described below for lands in the following counties: Benton, Chelan, Clark, Douglas, Franklin, Klickitat, Okanogan, and Yakima. All other provisions of WAC 220-500-100 not addressed herein, or unless otherwise amended, remain in effect:

(1) It is unlawful to establish or occupy a camp on department lands.

(2) It is unlawful to establish or occupy a residence camp on department lands. For purposes of this section, a residence camp is an encampment, occupancy, or presence on department lands that is the principal place of residence for the person or occupant.

(3) A residence camp on department lands is declared to be a public nuisance and may be abated by the department after ten days of notice by the department.