WSR 15-22-108 EMERGENCY RULES DEPARTMENT OF FISH AND WILDLIFE [Order 15-415—Filed November 4, 2015, 11:45 a.m., effective January 1, 2016] Effective Date of Rule: January 1, 2016.
Purpose: This rule change will amend the cougar harvest rates in GMUs 101, 105, 108, 111, 113, 117, 121, 145, 149, 154, 162, 163, 166, 169, 172, 175, 178, 181, 186, 204, 218, 231, 242, 243, 249, 251, 328, 329, and 335.
Citation of Existing Rules Affected by this Order: Amending WAC 232-28-297.
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: During the April 2015 fish and wildlife commission meeting, the Washington department of fish and wildlife (WDFW) proposed a twelve to sixteen percent cougar harvest rate for the 2015-2016, 2016-2017 and 2017-2018 hunting seasons. After discussion, the commission proposed and voted to adopt an amendment changing the harvest rate to seventeen to twenty-one percent for all three hunting seasons in fourteen hunt areas.
Following the April 2015 meeting, the commission received two letters that requested it rescind the decision to increase the harvest guidelines for the fourteen hunt areas and return to a twelve to sixteen percent harvest guideline. During a May 1, 2015, conference call, the commission discussed the request and reviewed its rule-making process. The commission concluded that the rule amendment in question was consistent with the Administrative Procedure Act, chapter 34.05 RCW, and the commission's action was within its authority to adopt a final rule that was not substantially different from the proposed rule. Consequently, the commission did not rescind its April decision. On May 1, 2015, the department filed the rule amendment with the code reviser in the form approved by the commission on April 10. However, given the controversial nature of the issue, the commission directed WDFW to provide a recommendation for the 2016-2017 and 2017-2018 cougar hunting seasons at the March-April 2016 commission meetings.
On June 30, 2015, the fish and wildlife commission received a petition from the Humane Society of the United States, Conservation Northwest, Center for Biological Diversity, Mountain Lion Foundation, Wolf Haven International, The Cougar Fund, The Lands Council, Predator Defense, Kettle Range Conservation Group, and Gary Koehler, Ph.D. The petition requested that the commission initiate rule making to reverse its decision to increase the cougar harvest guidelines in fourteen hunt areas of Washington state to seventeen to twenty-one percent, and change the harvest guidelines back to the twelve to sixteen percent recommended by WDFW in April 2015.
During its August 21, 2015, conference call, the commission voted to deny the petition. The commission continued with the direction to WDFW staff to evaluate the harvest guidelines for the 2016-2017 and 2017-2018 hunting seasons for the March-April 2016 commission meetings.
In September, the Humane Society of the United States appealed to the governor the commission's denial of the Humane Society's rule-making petition. After reviewing the petition and the process followed by the fish and wildlife commission, the governor, on October 19, 2015, directed the commission to amend WAC 232-28-297 and restore the harvest rate to the twelve to sixteen percent harvest guideline. The governor also directed the commission to initiate rule making to address the harvest guidelines moving forward in permanent rule.
This emergency rule will return the harvest guideline to twelve to sixteen percent for the 2015-2016 cougar hunting season as directed by the governor. An emergency rule is needed because there is insufficient time to promulgate permanent rules for the 2015-2016 cougar hunting season. The department plans to engage in permanent rule making, as directed by the governor, with a public hearing anticipated in March 2016.
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 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: November 4, 2015.
J. W. Unsworth
Director
NEW SECTION
WAC 232-28-29700S 2015-2016, 2016-2017, and 2017-2018 Cougar hunting seasons and regulations.
Notwithstanding the provisions of WAC 232-28-297, effective January 1, 2016 until further notice, the cougar harvest guidelines for the Game Management Units listed below are as follows, provided that, unless otherwise amended, all other provisions of the permanent rule remain in effect:
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