WSR 01-21-021

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 01-230 -- Filed October 8, 2001, 4:04 p.m. ]

     Date of Adoption: October 5, 2001.

     Purpose: Amend hunting rules.

     Citation of Existing Rules Affected by this Order: Amending WAC 232-12-267.

     Statutory Authority for Adoption: RCW 77.12.047.

     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 department will test deer and elk for chronic wasting disease, and may require the heads of animals to conduct the tests. Since persons who surrender the entire heads of animals may not possess proof of sex of the game animal in the field, this allows for a sampling method that legalizes possession of animals without proof of sex. There is insufficient time to promulgate permanent rules prior to the beginning of the sampling program.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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

October 5, 2001

Sara G. LaBorde

for Jeff Koenings

Director


NEW SECTION
WAC 232-12-26700A   Field identification of big game -- Chronic wasting disease sampling program.   Notwithstanding the provisions of WAC 232-12-267, effective immediately until further notice it is lawful for persons who have complied with the chronic wasting disease sampling program to possess deer and elk without proof of sex under the following provisions:

     (1) The head of the deer or elk must have been surrendered to an authorized department collection site.

     (2) The hunter is in possession of an official department disease testing program identification card, completely filled out and signed and dated by a department employee or department volunteer.

     (3) The carcass of the deer or elk is transported directly from where the head has been surrendered to the point of processing or storage.

     (4) Failure to comply with sections (1) through (3) of this section constitutes unlawful possession of big game and is punishable under RCW 77.15.410.

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