WSR 97-23-007

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

(Wildlife)

[Order 97-224--Filed November 7, 1997, 8:31 a.m.]

Date of Adoption: November 7, 1997.

Purpose: To adopt WAC 232-28-24000A, to close antlerless mule and blacktail deer hunting in Bow Areas 806 and 807.

Citation of Existing Rules Affected by this Order: Amending WAC 232-28-240.

Statutory Authority for Adoption: RCW 77.12.040.

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: The amendment to WAC 232-28-240 in April 1997 inadvertently omitted Bow Areas 806 and 807 from the protection applied to eastern Washington mule and blacktail deer. The purpose of the amendment was to protect deer populations which had declined sharply after the severe 1996-97 winter. There are no antlerless deer hunting opportunities for any state regulated hunters in this part of eastern Washington except for Bow Areas 806 and 807. An emergency exists because there is insufficient time to promulgate new regulations before the deer population will be impacted by the scheduled antlerless harvest.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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

Bern Shanks, PhD

Director

NEW SECTION

WAC 232-17-24000A Blacktail and mule deer season closure Notwithstanding the provisions of WAC 232-28-240, effective immediately, it is unlawful to hunt for or kill antlerless mule or blacktail deer in Bow Areas 806 and 807.

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