[Order 25-28—Filed February 26, 2026, 8:57 a.m., effective March 29, 2026]

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

Purpose: SHB 1325 passed in the 2025 legislative session. This bill requires the Washington department of fish and wildlife (WDFW) to amend hunting rules concerning big game violations. Currently, WAC 220-440-260 contains an incorrect reference to RCW 77.15.160 in one of its subsections. As a result, WDFW enforcement officers are unable to correctly write infractions to 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.

Adopted under notice filed as WSR 26-01-143 on December 18, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 25, 2026.

AMENDATORY SECTION(Amending WSR 25-09-079, filed 4/16/25, effective 5/17/25)

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)))(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;