PROPOSED RULES
FISH AND WILDLIFE
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-02-102.
Purpose: Adopt WAC 232-12-045 Hunting equipment restrictions; and amend WAC 232-12-051 Muzzleloading firearms and 232-12-054 Archery requirements -- Archery special use permits.
Statutory Authority for Adoption: RCW 77.12.047.
Statute Being Implemented: RCW 77.12.047.
Summary: WAC 232-12-045 Hunting equipment restrictions makes it illegal to use night vision equipment and laser sights to hunt deer and elk. The recommended changes to WAC 232-12-051 and 232-12-054 clarifies the seasons that are subject to muzzleloader equipment specifications and makes the minimum arrow weight 300 grains.
Reasons Supporting Proposal: Restrictions on equipment technology are designed to constrain incremental improvements in hunting success that may affect season length or timing or other hunting restrictions. In addition, arrow weights above 300 grains are considered more effective in harvesting big game animals. These equipment regulations also address public interest in maintaining hunter ethics and fair chase.
Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Natural Resources Building, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Assistant Director, Natural Resources Building, Olympia, (360) 902-2932.
Name of Proponent: Washington Fish and Wildlife Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: These rules describe lawful equipment for hunting game. The purpose of the recommended change is to regulate the use of certain types of equipment and clarify the seasons for muzzleloader equipment rules. The anticipated effect is to maintain longer hunting seasons.
Proposal Changes the Following Existing Rules: Night vision equipment and laser sights would be illegal for hunting deer and elk. The minimum arrow weight for hunting big game is 300 grains. Muzzleloader equipment regulations would be in effect during all muzzleloader hunting seasons.
No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules regulate recreational hunters and do not directly regulate small business.
RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.
Hearing Location: Moses Lake Convention Center, 1475 Nelson Road, Moses Lake, WA 98837, on April 11-12, 2003, at 8:00 a.m.
Assistance for Persons with Disabilities: Contact Susan Yeager by April 7, 2003, TDD (360) 902-2207 or (360) 902-2267.
Submit Written Comments to: Washington Department of Fish and Wildlife, Attn: Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by March 25, 2003.
Date of Intended Adoption: April 11, 2003.
March 5, 2003
Evan Jacoby
Rules Coordinator
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(2) A muzzleloading firearm used for deer must fire a single, nonjacketed lead projectile of nominal 40 caliber or larger, except that buckshot size #1 or larger may be used in a smoothbore of 60 caliber or larger.
(3) A muzzleloading firearm used for all other big game must fire a single, nonjacketed lead projectile of nominal 50 caliber or larger, or fire a single, nonjacketed lead projectile of at least 170 grains.
(4) This section shall not apply to the carrying of a handgun designed to be charged with black powder only.
(5) This section shall not apply to persons lawfully hunting game birds with a shotgun.
(6) Only one barrel of a double barrel muzzleloader may be charged with a load at any one time while hunting in a muzzleloading season except in specified firearm restricted areas.
[Statutory Authority: RCW 77.12.040, 77.12.010, 77.12.020, 77.12.770, 77.12.780. 00-11-137 (Order 00-50), § 232-12-051, filed 5/23/00, effective 6/23/00. Statutory Authority: RCW 77.04.055 and 77.12.040. 90-14-109 (Order 450), § 232-12-051, filed 7/5/90, effective 8/5/90; 89-11-062 (Order 393), § 232-12-051, filed 5/18/89. Statutory Authority: RCW 77.12.040. 84-18-013 (Order 234), § 232-12-051, filed 8/28/84; 81-12-029 (Order 165), § 232-12-051, filed 6/1/81. Formerly WAC 232-12-135.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending Order 01-167, filed 8/15/01,
effective 9/15/01)
WAC 232-12-054
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 while hunting.
(c) It is unlawful to shoot a bow and arrow 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 stabilizes and 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.
(f) It is unlawful to hunt big game animals with any arrow 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.
(b) It is unlawful to hunt big game animals with any arrow measuring less than 20 inches in length or weighing less than 6 grains per pound of draw weight with a minimum arrow weight of 300 grains.
(3) 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 adaptive archery equipment as described in subsection (1)(d) of this section to hunt deer or elk.
[Statutory Authority: RCW 77.12.047. 01-17-068 (Order 01-167), § 232-12-054, filed 8/15/01, effective 9/15/01. 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.]