WSR 97-14-044

EMERGENCY RULES

DEPARTMENT OF

NATURAL RESOURCES

[Order 641--Filed June 27, 1997, 2:35 p.m.]

Date of Adoption: June 27, 1997.

Purpose: Establish regions of extra fire hazard which are closed to entry due to the condition of the forest slash.

Statutory Authority for Adoption: RCW 76.04.305.

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: Certain areas of the state are particularly exposed to fire danger due to the continuous acres of slash. In order to prevent a fire from starting whereby lives and property would be at risk, it is necessary to post these lands as closed to entry.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Immediately.

June 27, 1997

Kaleen Cottingham

Department Supervisor

NEW SECTION

WAC 332-26-040 Central region closures Lewis County: Township 14 North, Range 3 East: all Section 23; all Section 25; all Section 26; all Section 27; all Section 33; all Section 35.

When, in the opinion of the Regional Manager, the fire hazard is sufficiently low on the lands herein described to permit public access thereto, he may suspend this Notice by issuing a news release to the newspapers of general circulation in the area and to radio and television stations serving the area, specifying the date and time of the suspension, and by removing the posted notice of the hazardous area closure at the access points.

When, in the opinion of the Regional Manager, the fire hazard is no longer sufficiently low to permit public access to the above-described lands, he will reinstate this hazardous area notice by giving the same notice to the public, specifying the date and time this notice again becomes effective, and replacing the posted notice of the hazardous area closure at the access points.

For protection of the above-described areas against fire, the following rule will be enforced:

"Entry into this area is prohibited except as provided by law with reference to permanent residents and industrial operations."

Anyone violating any such rules and regulations or order closing any forest region shall be guilty of a misdemeanor.

Effective from midnight Sunday, June 29, 1997, to midnight Saturday, October 15, 1997.

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NEW SECTION

WAC 332-26-050 Northwest region closures whatcom county: Township 40 North, Range 6 East: Section 17 NE1/4; Section 35 S1/2 NE1/4, N1/2 SE1/4; Section 36 S1/2 except NE1/4 SE1/4. Township 39 North, Range 7 East: Section 17 W1/2, SE1/4; Section 18 NW1/4, N1/2 SW1/4, SE1/4; Section 20 E1/2 NE1/4, E1/2 SW1/4 NE1/4. Township 39 North, Range 6 East: Section 1 N1/2 NW1/4, SE1/4 NE1/4; Section 13 S1/2 NE1/4, SE1/4 NW1/4, E1/2 SW1/4 NW1/4. Township 37 North, Range 3 East: Section 25 SE1/4.

skagit county: Township 36 North, Range 9 East: Section 17 NW1/4 NW1/4; Section 18 E1/2, SE1/4 NW1/4, N1/2 SW1/2; Section 19 N1/2 NE1/4, SE1/4 NE1/4; Section 30 all except NE1/4 and E1/2 E1/2 NW1/4; Section 31 NW1/4, NW1/4 NE1/4, N1/2 SW1/4. Township 36 North, Range 8 East: Section 22 NW1/4, N1/2 SE1/4, NE1/4; Section 31 all except Baker Lake Hwy; Section 33 SE1/4 SW1/4; Section 34 S1/2 NW1/4, N1/2 SW1/4; Section 35 NW1/4 NW1/4. Township 35 North, Range 11 East: Section 11 SW1/4 North of Cascade River Rd; Section 14 all; Section 15 N1/2 North of Cascade River Rd, S1/2 South of Cascade River Park; Section 17 S1/2; Section 18 S1/2 SE1/4, W1/2 SW1/4; Section 19 all; Section 20 NE1/4, N1/2 SW1/4, SE1/4; Section 21 N1/2, N1/2 S1/2; Section 22 N1/2 NE1/4, NW1/4, N1/2 SW1/4; Section 29 E1/2 NW1/4, SE1/4. Township 35 North, Range 10 East: Section 13 E1/2 SE1/4; Section 23 SE1/4 SE1/4 SE1/4; Section 24 W1/2 NW1/4, NE1/4, SE1/4, SW1/4 except the NW1/4; Section 25 NW1/4; Section 26 NE1/4 South of Rockport-Cascade Rd, SE1/4, SW1/4 South of Rockport-Cascade Rd; Section 27 SE1/4 South of Rockport-Cascade Rd; Section 33 NE1/4 NE1/4, S1/2 NE1/4, S1/2 South of Rockport-Cascade Rd; Section 34 SW1/4 SW1/4 South of 635 Rd, NE1/4 except SW1/4; Section 35 N1/2 NE1/4, NW1/4 except SE1/4, N1/2 SW1/4. Township 35 North, Range 9 East: Section 15 S1/2 NW1/4, S1/2 N1/2 NW1/4; Section 16 NE1/4, E1/2 NW1/4, NE1/4 NW1/4 NW1/4, NE1/4 SW1/4; Section 17 N1/2, SE1/4 SW1/4, SW1/4 SW1/4; Section 18 N1/2 NE1/4, SW1/4 NE1/4, SE1/4 SE1/4, W1/2 SE1/4, NE1/4 SW1/4, E1/2 NW1/4, SW1/4 NW1/4; Section 20 SW1/4; Section 29 all; Section 30 all; Section 31 all; Section 32 all; Section 33 SW1/4. Township 35 North, Range 8 East: Section 3 NW1/4; Section 4 NW1/4; Section 5 all except S1/2 SW1/4; Section 6 N1/2 except SW1/4 NW1/4; Section 27 S1/2 S1/2; Section 28 SE1/4 SE1/4; Section 32 SE1/4 NW1/4, S1/2 except NW1/4 SE1/4; Section 34 all; Section 35 all. Township 35 North, Range 7 East: Section 19 NE1/4, S1/2 NW1/4, NE1/4 NW1/4; Section 20 SW1/4, SW1/4 NE1/4. Township 35 North, Range 5 East: Section 3 NW1/4 NE1/4, N1/2 NW1/4; Section 4 N1/2, N3/4 SE1/4, NE1/4 SW1/4, N1/2 SE1/4 SW1/4, NW1/4 SW1/4; Section 5 E1/2 NE1/4, NE1/4 NE1/4 SE1/4. Township 34 North, Range 10 East: Section 2 SW1/4; Section 3 all except SW1/4; Section 4 NE1/4 South of powerline, W1/2 NW1/4, N1/2 SW1/4 South of powerline, N1/2 SE1/4; Section 5 all except SE1/4; Section 6 S1/2 NE1/4, SE1/4 NW1/4 except NW1/4 SE1/4 NW1/4; Section 7 all except NE1/4 NE1/4 and NW1/4 SW1/4; Section 8 E1/2 NE1/4 East of powerline, N1/2 SE1/4; Section 9 E1/2 SW1/4; Section 17 West of powerline; Section 18 NE1/4, E1/2 SE1/4; Section 19 NE1/4 West of powerline; Section 30 W1/2 SE1/4 West of Sauk Valley Rd; Section 31 E1/2 West of Sauk Valley Rd.

skagit county continued: Township 34 North, Range 9 East: Section 3 S1/2 NE1/4, NW1/4 NE1/4, N1/2 SE1/4, SE1/4 SE1/4, NW1/4 SW1/4; Section 4 all except NE1/4 NE1/4; Section 5 N1/2; Section 9 N1/2; Section 11 W1/2 West of Sauk Valley Rd; Section 13 SW1/4, S1/2 NW1/4; Section 14 all; Section 23 all; Section 26 all; Section 35 NE1/4. Township 33 North, Range 5 East: Section 19 NW1/4, SW1/4 NE1/4. Township 33 North, Range 4 East; Section 10 all except N1/2 N1/2, SW1/4 NW1/4, W1/2 SW1/4; Section 11 all except NW1/4 and portions around Devil's Lake; Section 12 W1/2 except portions around Devil's Lake; Section 13 all except portions around Devil's Lake; Section 14 all except S1/2 NW1/4, W1/2 SE1/4, NE1/4 SW1/4; Section 15 N1/2 N1/2, SE1/4; Section 23 all less S1/2 SW1/4, S1/2 SW1/4 SE1/4; Section 24 N1/2, SW1/4 less SE1/4.

snohomish county: Township 32 North, Range 7 East: Section 27 all; Section 28 all.

When in the opinion of the Regional Manager, the fire hazard is sufficiently low on the lands herein described to permit public access thereto, he/she may suspend this Notice by issuing a news release to the newspapers of general circulation in the Region and to radio and television stations serving the Region, specifying the date and time of the suspension and by removing the posted notice of the hazardous area closure at the access points.

When, in the opinion of the Regional Manager, the fire hazard is no longer sufficiently low to permit public access to the above-described lands, he/she will reinstate this hazardous area notice by giving the same notice to the public, specifying the date and time this notice again becomes effective, and replacing the posted notice of the hazardous area closure at the access points.

For protection of the above described areas against fire, the following rule will be enforced:

"Entry into this area is prohibited except as provided by law with reference to permanent residents and industrial operations."

Anyone violating any such rules and regulations or order closing any forest region shall be guilty of a misdemeanor.

Effective tentatively midnight Sunday, June 29, 1997 to midnight Saturday, October 15, 1997.