WSR 17-21-008
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 17-276—Filed October 5, 2017, 4:27 p.m., effective October 5, 2017, 4:27 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: This emergency rule action is intended as a safety measure for hunters participating in any hunt that overlaps a deer or elk modern firearm season by requiring them to wear high-visibility "hunter orange" clothing.
Citation of Rules Affected by this Order: Amending WAC 220-414-080.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.020, 77.04.055, 77.12.047, and 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: This action corrects a safety issue that stems from an oversight in the hunter orange rule. This rule currently excludes turkey hunters from the regulation of wearing hunter orange during a season that overlaps with a modern firearm season. The change would fix that exclusion.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0 [1], Amended 1 [0], Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 5, 2017.
J. W. Unsworth
Director
NEW SECTION
WAC 220-414-08000A HuntingHunter orange clothing requirements
Notwithstanding the provisions of WAC 220-414-080, effective immediately, until further notice, add turkey to subsection five to read:
(5) It is unlawful to hunt bear, cougar, bobcat, raccoon, fox, coyote, rabbit, forest grouse, turkey, or hare during those times and in those places open to the taking of deer or elk during a modern firearm season, unless the hunter is wearing fluorescent hunter orange clothing.