PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-07-068.
Title of Rule: Hunting rules.
Purpose: Allow use of crossbows by persons of disability.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: Provide allowance for persons of disability to obtain an archery special use permit to use cross bows to hunt deer and elk.
Reasons Supporting Proposal: This accommodates persons of disability who want to participate in archery.
Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, 902-2930; Implementation and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, 902-2927.
Name of Proponent: Washington State Department of Fish and Wildlife, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The department has received a complaint that the archery rules unfairly discriminate against persons who cannot operate conventional bows, and thus prohibit participation in the archery seasons for deer and elk. The department is reviewing its earlier decision not to recommend to the commission that cross bows be authorized, and, instead, to design a program that allows persons with a physician's statement that they have a permanent disability that prohibits the use of conventional bow and arrow gear to obtain an archery special use permit. This permit would allow use of cross bows during deer and elk archery seasons only. The department believes this accommodation would comply with the Americans with Disability Act programmatic access.
Proposal Changes the Following Existing Rules: Allows limited use of cross bows.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules affect recreational hunters.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Methow Valley Community Center, 231 Methow Valley Road, Twisp, on August 3-4, 2001, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Debbie Nelson by July 27, 2001, TDD (360) 902-2207, or (360) 902-2226.
Submit Written Comments to: Evan Jacoby, 600 Capitol Way North, Olympia, WA 98504-1091 [98501-1091], fax (360) 902-2155, by August 2, 2001.
Date of Intended Adoption: August 3, 2001.
June 19, 2001
Evan Jacoby
Rules Coordinator
OTS-4873.2
AMENDATORY SECTION(Amending Order 00-50, filed 5/23/00,
effective 6/23/00)
WAC 232-12-054
((Bow and arrow)) Archery
requirements -- Archery special use permits.
(1) Rules pertaining
to all archery:
(a) It is unlawful for any person to carry or have in his possession any firearm while in the field archery hunting, during an archery season specified for that area.
(b) It is unlawful to have any electrical equipment or electric device(s) attached to the bow or arrow or bolt while hunting.
(c) It is unlawful to shoot a bow and arrow or crossbow and bolt from a vehicle or from, across or along the maintained portion of a public highway, except persons with a disabled hunter permit may shoot from a vehicle if the hunter is in compliance with WAC 232-12-828.
(d) It is unlawful to use any device secured to or supported by the bow for the purpose of maintaining the bow at full draw or in a firing position, except persons with an archery special use permit may, during deer and elk archery seasons, use a device that holds a long bow, recurve bow, or compound bow at a full draw, and may use a mechanical or electrical release.
(e) It is unlawful to hunt wildlife with a crossbow, except persons with an archery special use permit may, during deer and elk archery seasons, use a crossbow as provided for in this section.
(f) It is unlawful to hunt big game animals with any arrow or bolt that does not have a sharp broadhead, and the broadhead blade or blades are less than seven-eighths inch wide.
(g) It is unlawful to hunt big game animals with a broadhead blade unless the broadhead is unbarbed and completely closed at the back end of the blade or blades by a smooth, unbroken surface starting at maximum blade width forming a smooth line toward the feather end of the shaft and such line does not angle toward the point.
(2) Rules pertaining to long bow, recurve bow and compound bow archery:
(a) It is unlawful for any person to hunt big game animals with a bow that possesses less than 40 pounds of pull measured at twenty-eight inches or less draw length or has a greater than 65% reduction (let off) in holding weight at full draw.
(((2))) (b) It is unlawful to hunt big game animals with any
arrow((, including broadhead,)) measuring less than 20 inches in
length((,)) or weighing less than 6 grains per pound of draw
weight ((and having sharp broadhead blade or blades less than
seven-eighths inches wide. It is unlawful to hunt with a
broadhead blade unless the broadhead is unbarbed and completely
closed at the back end of the blade or blades by a smooth,
unbroken surface starting at maximum blade width forming a smooth
line toward the feather end of the shaft and such line does not
angle toward the point.
(3) It is unlawful for any person to carry or have in his possession any firearm while in the field archery hunting, during the bow and arrow season specified for that area.
(4) It is unlawful to shoot at wildlife with an arrow from a vehicle or from, across or along the maintained portion of a public highway.
(5) It is unlawful to use any device secured to or supported by the bow for the purpose of maintaining the bow at full draw or in a firing position.
(6) It is unlawful to have any electrical equipment or device(s) attached to the bow or arrow while hunting.
(7) It is unlawful to hunt wildlife with a crossbow)).
(3) Rules pertaining to crossbow archery:
(a) Persons with an archery special use permit may hunt deer and elk with a crossbow during deer and elk archery seasons.
(b) It is unlawful to hunt deer or elk with a crossbow that possesses less than 150 pounds of pull, or, if the crossbow is a compound crossbow, 150 pounds of pull before reduction.
(c) It is unlawful to hunt deer or elk with a crossbow bolt less than eighteen inches in length or weighing less than 400 grains.
(d) It is unlawful to hunt deer or elk with a crossbow that weighs more than fifteen pounds.
(4) Archery special use permits. An archery special use permit is available to a person who holds a valid big game combination package which includes deer or elk as a species option and who presents an archery special use permit application signed by a physician stating that the person's disability is permanent and the person has a loss of use of one or both upper extremities, has a significant limitation in the use of an upper extremity, or has a permanent physical limitation, which loss or limitation substantially impairs the ability to safely hold, grasp or shoot a long bow, recurve bow or compound bow. The loss or limitation may be the result of, but not limited to, amputation, paralysis, diagnosed disease, or birth defect. The approved archery special use permit must be in the physical possession of the person while using a crossbow to hunt deer or elk.
[Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), 232-12-054, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.12.040. 90-03-092 (Order 427), 232-12-054, filed 1/24/90, effective 2/24/90; 88-13-012 (Order 310), 232-12-054, filed 6/6/88; 81-12-029 (Order 165), 232-12-054, filed 6/1/81. Formerly WAC 232-12-140.]