[Order 20-145—Filed August 31, 2020, 8:58 a.m., effective August 31, 2020, 8:58 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The purpose of this rule is to divide each of the special permit hunts for the Centralia Mine for the categories of senior (age sixty-five and older) and hunters with disabilities into two separate seasons. Specifically:

For Centralia Mine, WF, Antlerless, Elk Area 6011, Sept. 5-6 in the 65+ Senior category, split this hunt into two separate hunts such that three permits will be available for the original Sept. 5-6 hunt dates and two permits with newly established season dates of Sept. 12-13.

For Centralia Mine, WF, Antlerless, Elk Area 6011, Oct. 10-11 in the Hunters with Disabilities category, split this hunt into two separate hunts such that three permits will be available for the original Oct. 10-11 hunt dates and two permits with newly established season dates of Oct. 17-18.

Citation of Rules Affected by this Order: Amending WAC 220-415-060.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, and 77.12.240.

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: These hunts occur on the TransAlta Centralia Mine property, which is a privately owned active surface coal mine. Although a large elk herd resides on the property, hunting access is extremely limited because the landowner requires hunters to be escorted by a TransAlta mine employee who is certified in providing mine safety.

After these special permit seasons were adopted in permanent rule, the landowner informed the Washington department of fish and wildlife (WDFW) that they had encountered a problem with employee availability to provide an adequate number of escorts to accommodate the number of permits being issued. As such, the landowner requested that WDFW extend each of these special permit hunts to include hunter access to an additional weekend not initially included in the permanent regulations.

Additionally, prior to participating in the hunt, each participant must attend a safety briefing that is conducted in TransAlta's conference room. In response to COVID-19, TransAlta has adopted a policy that limits the number of people allowed to gather in their conference room at one time.

Therefore, this emergency rule is needed to accommodate the landowner's requests related to ensuring the safety of TransAlta employees and hunters during the briefing and in the field during the special hunt. They have also contacted the successful permit applicants and they are amenable to this change and have rescheduled their hunt dates accordingly.

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 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: August 31, 2020.

WAC 220-415-06000A2020 Elk special permits.

Effective September 5, 2020, the following provisions of WAC 220-415-060 regarding elk special permit seasons for the Centralia Mine (Elk Area 6011) shall be as described below. All other provisions of WAC 220-415-060 not addressed herein, or otherwise amended by emergency rule, remain in effect:

It is unlawful to fail to comply with the bag, possession, and season limits described below. A violation of this section is punishable under RCW 77.15.410 Unlawful hunting of big game—Penalty.

Special Elk Permit Hunting Seasons (Open to Permit Holders Only)

Hunters must purchase an elk hunting license prior to purchasing a permit application. Hunters may only apply for permits consistent with the tag required for the hunt choice; however, Multiple Season Permit holders may apply for Eastern or Western Washington archery, muzzleloader, or modern firearm permit hunts. Applicants must have purchased the proper tag for these hunts. The elk tag prefixes required to apply for each hunt are shown in the following table. Hunters drawn for a special permit hunt must comply with weapon restrictions, dates, and other conditions listed for the hunt. Hunters drawn for a special permit designated "Any tag" under the "Weapon/Tag" restriction must use equipment consistent with the requirements of their transport tag and license.

Bag Limit: One (1) elk per hunter during the license year except where otherwise permitted by department rule, even if permits are drawn for more than one elk hunt category. Any combination of seasons, tags, and permits set by the department will not exceed a maximum of two (2) elk per hunter during the license year.

65+ Senior - Only hunters 65 and older may apply. Weapon must be consistent with weapon/tag restriction noted for hunt.
Hunt Name	Weapon/Tag	Hunters	Hunt Dates	Special Restrictions	Boundary	Permits
Centralia Mine	WF	65+	Sept. 5-6 or Sept. 12-13	Antlerless	Elk Area 6011	5

Hunters with Disabilities - Only hunters with disabilities may apply. Weapon must be consistent with weapon/tag restriction noted for hunt.
Hunt Name	Weapon/Tag	Hunters	Hunt Dates	Special Restrictions	Boundary	Permits
Centralia Mine	WF	Hunters w/ Disabilities	Oct. 10-11 or Oct. 17-18	Antlerless	Designated Areas in Elk Area 6011	5