WSR 18-20-075
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 18-273—Filed September 28, 2018, 12:46 p.m., effective September 28, 2018, 12:46 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: This change will include Game Management Units (GMU) 568, 572, 574, and 578 in WAC 220-413-200 that makes it unlawful to transport the hooves of harvested elk beyond the site where the animal was killed.
Citation of Rules Affected by this Order: Amending WAC 220-413-200.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.055, 77.12.047, 77.12.240, and 77.32.470.
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: Because treponeme associated hoof disease (TAHD) was confirmed in GMU 578, the department seeks to reduce the spread of TAHD by adding GMUs 568, 578 and neighboring GMUs 572 and 574 to WAC 220-413-200. While a CR-103P has been filed, there is still a gap in time of approximately thirty-one days for the permanent rule to take effect. Consequently, the department needs to adopt an emergency rule to cover this gap in order to allow the Washington department of fish and wildlife police officers an effective rule to enforce.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 28, 2018.
Kelly Susewind
Director
NEW SECTION
WAC 220-413-20000BReducing the spread of hoof diseaseUnlawful transport of elk hooves.
Notwithstanding the provisions of WAC 220-413-200, effective immediately, until further notice, the change shall read as follows under section (1):
(1) It is unlawful to transport the hooves of harvested elk beyond the site where the animal was killed in Game Management Units 407, 418, 437, 454, 501 through 564, 568, 572, 574, 578, 633, 636 and 642 through 699, except when specifically authorized by the department or when acting as an agent of the department in the limited capacity of cooperating with research or management actions regarding hoof disease as directed by the department.