12-21-083

WSR 12-21-083

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 12-244 -- Filed October 19, 2012, 4:38 p.m. , effective October 19, 2012, 4:38 p.m. ]

     Effective Date of Rule: Immediately.

     Purpose: To amend elk hunting rules described in WAC 232-28-360.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-36000B; and amending WAC 232-28-360.

     Statutory Authority for Adoption: RCW 77.04.020 and 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: With regard to the Green River, Toutle, and Margaret modern firearm special permit hunts, the hunt dates originally adopted in the WAC would have resulted in overlaps between archers and modern firearm hunters or were outside of the timeframe desired by the landowners who provide recreational access to hunters. Corrections to the dates were provided to the public via alternate means (agency web site). These corrections will help to avoid confusion for the more than 60,000 Washington citizens who take part in the special permit application process.

     The hunt dates for the quality, modern firearm, Quinault hunt were changed from September 16 through September 20, 2012, as originally filed in the notice of proposed rule making (CR-102) dated February 1, 2012, to September 24 through September 28, 2012, at the April 13-14, 2012, fish and wildlife commission meeting. However, due to an oversight, this date change was not included in the permanent rule-making order. This emergency change revises the WAC to make it consistent with hunt dates adopted by the fish and wildlife commission.

     Due to limited access caused by fires across much of the state, once in a lifetime permit hunts and hunts designed for population management were impacted by access restrictions. Therefore, we are extending the hunting opportunity for those hunters. These extensions provide a service to permit holders who would have otherwise lost the hunting opportunity provided by these permits. Immediate rule action is necessary to provide that opportunity.

     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: October 19, 2012.

Joe Stohr

for Philip Anderson

Director

NEW SECTION
WAC 232-28-36000C   2012 Elk special permits.   Notwithstanding the provisions of WAC 232-28-360, effective immediately until further notice:

     Under the Quality elk section, Peaches Ridge modern firearm (EF) hunt, Sept. 24-28, 2012, the additional time period of Oct. 22-Nov. 4, 2012 is added.

     Under the Quality elk section, Satsop modern firearm (WF) hunt, Oct. 8-12, 2012, the additional time period of Dec. 16-31 added.

     Under the Quality elk section, Wynoochee modern firearm (WF) hunt, Oct. 8-12, 2012, the additional time period of Dec. 16-31 is added.

     Under the Quality elk section, the dates for the Green River modern firearm (WF) hunt is changed from Nov. 12-18 to Oct. 27-Nov. 2.

     Under the Quality elk section, the dates for the Toutle modern firearm (WF) hunt is changed from Sept. 17-30 and Nov. 3-14 to Sept. 24-28 and Nov. 3-14.

     Under the Quality elk section, the dates for the Quinault modern firearm (WF) hunt is changed from Sept. 16-20 to Sept. 24-28.

     Under the Bulls section, the dates for the Margaret modern firearm (WF) hunt with 4 permits is changed from Sept. 17-30 and Nov. 3-14 to Sept. 24-30 and Nov. 3-14.

     Under the Bulls elk section, Margaret, muzzleloader (WM) hunt, Oct. 6-12, 2012, the additional time period of Dec. 17-31, 2012 is added.

     Under the Bulls elk section , Skokomish muzzleloader (WM) hunt, Oct. 6-12, 2012, the additional time period of Dec. 16-31, 2012 is added.

     Under the Antlerless elk section, Winston, muzzleloader (WM) hunt, Oct. 6-12, 2012, the additional time period of Dec. 17-31, 2012 is added.

     Under the Antlerless elk section, Margaret, muzzleloader (WM) hunt, Oct. 6-12, 2012, the additional time period of Dec. 17-31, 2012 is added.

     Under the Antlerless elk section, Ryderwood, muzzleloader (WM) hunt, Oct. 6-12, 2012, the additional time period of Dec. 17-31, 2012 is added.

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REPEALER

     The following section of the Washington Administrative Code is repealed:

WAC 232-28-36000B

2012 Elk special permits.