WSR 14-07-026 EMERGENCY RULES DEPARTMENT OF
FISH AND WILDLIFE
[Order 14-56—Filed March 7, 2014, 4:00 p.m., effective March 7, 2014, 4:00 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: Protection of human safety, vulnerable fish and wildlife resources or habitats, and department or other infrastructures from damage or abuse.
Citation of Existing Rules Affected by this Order: Amending WAC 232-13-150.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.12.047, and 77.15.160.
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: The Wanapum Pool was drawn down due to an emergency at the Wanapum Dam. This draw-down has exposed lands underlying the pool and created risks to public safety, potential damage to habitats from human and motorized traffic, and exposed cultural resources to damage or theft. 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2 [1], Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 7, 2014.
Philip Anderson
Director
NEW SECTION
WAC 232-13-15000A Regulating public access
Notwithstanding the provisions of WAC 232-13-150, effective immediately until further notice, to protect human safety, vulnerable fish and wildlife resources or habitats, and department or other infrastructures from damage or abuse:
(1) It is unlawful to enter or remain on department lands or portions thereof, consisting of all lands and beaches riverward of the ordinary high water line of the former full pool within the project area of the Grant County PUD Wanapum Dam reservoir of the Columbia River.
(2) Subsection (1) does not apply to authorized activities conducted by duly authorized officials related to the administration of the closure, dam safety, monitoring or protection of the project and lands, or monitoring or protection of natural and cultural resources. Nor does it apply to those operating under a permit for entry issued by the Director.
(3) A violation of this section is an infraction, punishable under RCW 77.15.160 (5)(b).
|