[Order 25-304—Filed December 15, 2025, 10:29 a.m., effective December 15, 2025, 10:29 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: SHB 1325, passed in 2025, requires the department of fish and wildlife (department) to amend hunting rules concerning big game violations. WAC 220-440-260 currently cites an incorrect subsection within RCW 77.15.160. Due to this, enforcement officers are unable to write citations and enforce this rule.

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

Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.04.020, and 77.12.047.

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: This emergency rule is necessary for department enforcement officers to comply with the recently enacted state statutes resulting from SHB 1325. Chronic wasting disease (CWD) is a fatal neurologic disease of cervids, including deer, elk, moose, and caribou. It is caused by infectious proteins called prions that are transmitted directly from animal to animal or indirectly through environments. There is no cure or vaccine for CWD. WAC 220-440-260 concerns prohibition of feeding deer, elk, or moose. Enforcement has no authority to cite a violation of this WAC unless the referencing infraction is updated. The department will be initiating a permanent rule making for this update.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 15, 2025.

WAC 220-440-26000DProhibition of feeding deer, elk, or moose.

Notwithstanding the provisions of WAC 220-440-260, effective immediately, until further notice:

(1) Except as provided in subsection (3) of this section, it is an infraction under RCW 77.15.160 (11)(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;