WSR 15-21-039 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-386—Filed October 15, 2015, 4:52 p.m., effective October 15, 2015, 4:52 p.m.] Effective Date of Rule: Immediately upon filing.
Purpose: To change the penalties for taking a dusky Canada goose in Management Areas 2A and 2B.
Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-43600B; and amending WAC 232-28-436.
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: Currently the WAC is in conflict and is inconsistent with like or similar rules or statutes when a take is involved. Similar statutes and rules allow for a criminal charge when a take is involved. This rule is interim until permanent rules take effect.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 15, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 232-28-43600C 2014-2015 Migratory waterfowl seasons and regulations.
Notwithstanding the provisions of WAC 232-28-436, effective immediately, until further notice, the following provisions apply:
It is unlawful for hunters in Goose Management Areas 2A and 2B to fail to comply with the directions of authorized department personnel related to the collection of goose subspecies information pursuant to RCW 77.12.071. A person who prevents department personnel from collecting samples of tissue or other bodily parts is subject to prosecution under RCW 77.15.360 Unlawful interfering in department operations—Penalty. If a hunter takes a dusky Canada goose or does not comply with requirements listed above regarding WDFW collection of subspecies information, authorization will be invalidated by the department and the hunter will not be able to hunt geese in Goose Management Areas 2A and 2B for the remainder of the season. It is unlawful to fail to comply with all provisions listed above for Goose Management Areas 2A and 2B. Violations of Area 2A or 2B goose hunting rules are punishable as an infraction under RCW 77.15.160 (2)(e) or as a misdemeanor or gross misdemeanor under RCW 77.15.400 unlawful hunting of wild birds, depending on the circumstances of the violation.
REPEALER
The following section of the Washington Administrative Code is repealed:
| ||||