WSR 00-04-014

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 00-09 -- Filed January 21, 2000, 1:48 p.m. ]

Date of Adoption: January 21, 2000.

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

Citation of Existing Rules Affected by this Order: Amending WAC 232-12-315.

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: Recent heavy snowfall has driven elk and deer down into lower elevations near feeding stations and/or elk fences, particularly within the Oak Creek Wildlife Area. A persistent pack of dogs has been observed harassing vulnerable deer and elk in the Oak Creek Wildlife Area and vicinity. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

January 21, 2000

J. P. Koenings

Director

by Larry Peck


NEW SECTION
WAC 232-12-31500G
Declaration of emergency for custody or destruction of dogs harassing deer or elk.

Effective immediately until further notice an emergency is declared in the following Washington State County 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) Yakima County

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Washington State Code Reviser's Office