WSR 97-01-033

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Order 96-208--Filed December 10, 1996, 2:30 p.m.]

Date of Adoption: December 9, 1996.

Purpose: Declare emergency and allow for custody or destruction of dogs harassing deer or elk.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-12-31500C; and amending WAC 232-12-315.

Statutory Authority for Adoption: RCW 77.12.315.

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: Heavier than expected snowfall in eastern Washington has forced deer to lower elevations where harassment by dogs has been observed. In order to protect the deer population, and, later elk population in these counties, it is necessary to allow enforcement officers to take dogs into custody and if necessary to destroy dogs.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

December 9, 1996

Dirk Brazil

for Bern Shanks

Director

NEW SECTION

WAC 232-12-31500D Declaration of emergency for custody or destruction of dogs harassing deer and elk. Effective immediately until further notice an emergency is declared in the following Washington State counties, and it is lawful for fish and wildlife officers to take into custody or destroy, if necessary, any dog that is pursuing, harassing, attacking or killing deer or elk:

(1) Okanogan County

(2) Douglas County

(3) Chelan County

(4) Kittitas County

(5) Grant County

(6) Adams County

(7) Yakima County

(8) Ferry County

(9) Lincoln County

(10) Pend Oreille

(11) Spokane County

(12) Stevens County

[]

REPEALER

The following section of the Washington Administrative Code is repealed: