[Order 24-16D—Filed April 16, 2025, 2:08 p.m., effective May 17, 2025]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of this rule is to prohibit public feeding of deer, elk, or moose to limit unnatural concentrations of these animals and therefore minimize the spread of chronic wasting disease where it is both detected (Washington department of fish and wildlife's Region 1) and also where it may be present, but is not currently detected (potentially other areas of the state). Specifically, this rule makes it unlawful "to place, deposit, distribute, or scatter feed including[,] but not limited to[,] grain, hay, minerals, salt, fruit, or other such substances or food types to feed, lure or attract deer, elk, or moose not lawfully held in captivity" statewide (unless otherwise excepted in the existing rule).

Citation of Rules Affected by this Order: New WAC 220-440-260.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, 77.12.610, 77.12.620, 77.12.630, 77.12.071, and 77.145.010.

Adopted under notice filed as WSR 25-04-105 on February 4, 2025.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 9, 2025.

WAC 220-440-260Prohibition of feeding deer, elk, or moose.

(1) Except as provided in subsection (3) of this section, it is an infraction under RCW 77.15.160 (6)(b) to place, deposit, distribute, or scatter feed including, but not limited to, grain, hay, minerals, salt, fruit, or other such substances or food types to feed, lure or attract deer, elk, or moose not lawfully held in captivity. A person may not allow food to be placed for the purposes of feeding other wildlife that causes deer, elk, or moose to congregate.

(2) This rule does not apply in the completion of any of the following agricultural practices:

(a) Cultivation, production, and harvest of crops including, but not limited to, fruit, vegetable, hay, and grains;

(b) Animal husbandry related to the care and feeding of domestic livestock and poultry.

(3) The director may authorize the feeding of deer, elk, or moose under the following conditions:

(a) Prevent damage to private property;

(b) Mitigate population loss anticipated by a predicted winter mortality;