WSR 13-22-005
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 13-275—Filed October 23, 2013, 4:59 p.m., effective October 23, 2013, 4:59 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule change is to adjust dates in special permit hunts that are used to address agricultural damage by elk as well as population control. The initial dates filed were unable to be implemented because of restrictions imposed due to fire danger. This is a matter of economic public welfare for impacted Washington citizens. The purpose of this emergency rule change is to adjust a date in general season hunt that is used to address agricultural damage by elk as well as population control. The initial date filed was incorrect. This is a matter [of] economic public welfare for impacted Washington citizens.
Citation of Existing Rules Affected by this Order: Amending WAC 232-28-358 and 232-28-360.
Statutory Authority for Adoption: RCW 77.12.047, 77.12.150.
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 address these corrections as a permanent rule change during the regularly scheduled 2014 rule development process, but the changes are needed immediately to address agricultural damage for the remainder of 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 22, 2013.
Philip Anderson
Director
NEW SECTION
WAC 232-28-35800A 2013 elk general seasons and definitions
Notwithstanding the provisions of WAC 232-28-358:
1) Under the Late Archery General Elk Season for Eastern Washington category title, please substitute the following dates in the table for GMUs 203, 209 through 248, 250, 254 through 290, 379, 381. Must wear hunter orange:
Oct. 26-Nov. 15
NEW SECTION
WAC 232-28-36000F 2013 Elk special permits
Notwithstanding the provisions of WAC 232-28-360:
1) Under 65+ Senior category, the Toledo hunt date should be changed to Nov. 18-26.
2) Under 65+ Senior category, the first Centralia Mine hunt date should be changed to Jan. 4-5, and the second Centralia Mine hunt should be changed to Jan. 11-12.
3) Under the Hunters with Disabilities category, the Toledo hunt date should be changed to Nov. 18-26.
4) Under the Master Hunter category title, please add the following language;
Any legal weapon may be used while hunting the following hunts unless otherwise specified or required by the Hunt Coordinator. Only one animal may be taken under this special permit opportunity. For those special permit hunts allowing the purchase of a second deer tag, hunters can use either their first or second deer tag but are allowed to kill only one animal under the authorization of the special permit. If a hunter uses their general deer tag and kills and tags an animal under this special permit, the second tag may not be used for the general hunting season.
5) Under Master Hunter Elk Hunts, the 5th column in the table should read "2nd Tag Allowed" (not "2nd Tag Required").
6) Under the Master Hunter Category, the first Toledo hunt date should be changed to Nov. 18-26.