WSR 98-18-052

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[Order 98-180--Filed August 28, 1998, 4:02 p.m.]



Date of Adoption: August 28, 1998.

Purpose: Amend hunting rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-28000A and 232-28-26400B; and amending WAC 232-28-264 and 232-28-280.

Statutory Authority for Adoption: RCW 77.12.040.

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: Population estimates in GMUs 248 through 284 show additional deer available for recreational opportunity. There is insufficient time to adopt permanent rules and allow this hunting to occur. The Fish and Wildlife Commission has adopted a change in dates for the early Canada goose season and local property owners have requested a closure in Quilcene Bay to reduce local hunting impacts. These rules have been adopted as permanent rules but will not take effect until the season has already started. Emergency rule making is necessary to implement the changes.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 0, repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

August 28, 1998

Larry Peck

for Bern Shanks

Director



NEW SECTION



WAC 232-28-26400B  1998 Early Canada goose season--Quilcene Bay closure. Notwithstanding the provisions of WAC 232-28-264, effective immediately through 11:59 p.m., September 14, 1998, it is unlawful to hunt for geese in all areas except as provided for in this section:

(1) Canada goose hunting, except for brant and Aleutian Canada geese, is open statewide from September 8 through September 14, 1998, during the hunting hours set forth in WAC 232-28-264.

(2) During the season provided for in this section, it is unlawful to hunt for geese in those waters of Quilcene Bay and all lands and waters within 100 yards of those waters of Quilcene Bay north of a line projected due east from the Boathaven Marina to landfall on the east shore of Quilcene Bay.



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NEW SECTION



WAC 232-28-29000A  1998 Early deer seasons. Notwithstanding the provisions of WAC 232-28-280:

(1) Effective September 1 through 5, 1998, the early archery deer season is open in GMUs 248 through 284 for any whitetail buck.

(2) Effective September 6 through 30, 1998, the early archery deer season is open in GMUs 248 through 284 for any whitetail deer.

(2) Effective October 17 through 30, 1998, the general season for Eastern Washington whitetail deer is open in GMUs 248 through 284 for any whitetail buck.



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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.



REPEALER



The following section of the Washington Administrative Code is repealed 12:01 a.m., September 15, 1998:



WAC 232-28-26400B 1998 Early goose season--Quilcene Bay closure. (98-180)



The following section of the Washington Administrative Code is repealed 12:01 a.m., October 31, 1998:



WAC 232-28-29000A 1998 Early deer seasons. (98-180)