WSR 09-18-015

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 09-155 -- Filed August 21, 2009, 10:24 a.m. , effective September 1, 2009, 12:01 a.m. ]


Effective Date of Rule: September 1, 2009, 12:01 a.m.

Purpose: To amend permit and licensing requirements for hunting pheasant in western Washington.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-34200C; and amending WAC 232-28-342.

Statutory Authority for Adoption: RCW 77.12.047, 77.12.020, 77.12.570, 77.12.210, 77.12.150, 77.12.240.

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 2009 Washington state legislature passed new legislation, effective July 26, 2009, that changed the licensing requirements for western Washington pheasant hunting. The time between the effective date of the new legislation and the beginning of the western Washington pheasant hunting season was insufficient to complete the permanent rule-making process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 18, 2009.

Philip Anderson

Interim Director


NEW SECTION
WAC 232-28-34200C   2009-10, 2010-11, 2011-12 Small game seasons.   Notwithstanding the provisions of WAC 232-28-342, effective immediately through December 15, 2009, the following changes replace the previous permit requirements for hunting western Washington pheasant:

(1) A Western Washington Pheasant Permit is required to hunt pheasant in Western Washington.

There are three permit options available:

(a) Full Season Option;

(b) Youth Option; and

(c) 3-Day Option.

(2) For the 2009 season, a western Washington pheasant permit OR the combination of a small game license and a 2009 western Washington pheasant punch card are considered a full season permit.

(3) Only a western Washington pheasant permit is required to train dogs on wild pheasants in western Washington.

SPECIAL RESTRICTION: Western Washington pheasant hunters must choose to hunt on either odd-numbered or even-numbered weekend days from 8:00 - 10:00 a.m. at all units of Lake Terrell, Tennant Lake, Snoqualmie, Skagit, Skookumchuck, and Scatter Creek Wildlife Areas, all hunting sites on Whidbey Island, and at the Dungeness Recreation Area. Also, these hunters must indicate their choice on the Western Washington Pheasant Permit by choosing "odd" or "even." Hunters who select the 3-day option, hunters 65 years of age or older, and youth hunters may hunt during either weekend day morning. Youth hunters must be accompanied by an adult at least 18 years old who must have an appropriately marked pheasant permit if hunting.

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REPEALER


The following section of the Washington Administrative Code is repealed effective 11:59 p.m. December 15, 2009.


WAC 232-28-34200C 2009-10, 2010-11, 2011-12 Small game seasons.

Washington State Code Reviser's Office