WSR 13-03-026

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 13-07 -- Filed January 7, 2013, 4:42 p.m. , effective January 7, 2013, 4:42 p.m. ]


     Effective Date of Rule: Immediately.

     Purpose: To prevent the spread of chronic wasting disease in Washington, this rule adds Missouri and Texas to the list of states from which it is unlawful to harvest and then import into or possess in Washington deer, elk, or moose, or parts thereof.

     Citation of Existing Rules Affected by this Order: Repealing WAC 232-12-02100C; and amending WAC 232-12-021.

     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: The department will begin the process for creating a permanent rule to incorporate these changes. However, the changes are needed immediately, to prevent the spread of chronic wasting disease into Washington.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: January 7, 2013.

Philip Anderson

Director


NEW SECTION
WAC 232-12-01200D   Importation and retention of dead nonresident wildlife   (1) Notwithstanding the provisions of WAC 220-12-021, effective immediately until further notice, it is unlawful to import or possess deer, elk, or moose, or parts thereof, harvested in Missouri, Texas, Colorado, Wyoming, Utah, New Mexico, Wisconsin, Illinois, South Dakota, Nebraska, Kansas, New York, West Virginia, Virginia, North Dakota, Alberta, Maryland, Minnesota, and Saskatchewan, with the following exceptions:

     (a) Meat that has been deboned in the state or province where it was harvested and is imported as boned out meat;

     (b) Skulls and antlers, antlers attached to the skull plate, or upper canine teeth (buglers, whistlers, ivories) from which all soft tissue has been removed;

     (c) Hides or capes without heads attached;

     (d) Tissue imported for use by a diagnostic or research laboratory;

     (e) Finished taxidermy mounts.

     (2) Unless otherwise amended, all permanent rules remain in effect.

[]

     Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 220-12-01200D is probably intended to be WAC 232-12-02100D.

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 232-12-01200C Importation and retention of dead nonresident wildlife.

     Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 220-12-01200C is probably intended to be WAC 232-12-02100C.