WSR 07-04-087

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed February 6, 2007, 11:50 a.m. , effective March 9, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The amendment to this WAC 232-12-828, clarifies lawful and unlawful activity for hunting of game birds and animals by persons with a disability. It also provides flexibility for hunters with a disability who want to hunt near roadways.

Citation of Existing Rules Affected by this Order: Amending WAC 232-12-828 (Amending Order 04-98, filed May 12, 2004, effective June 12, 2004).

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 06-21-040 on October 11, 2006.

Changes Other than Editing from Proposed to Adopted Version: The definition of "visually impaired" is stricken under subsection (1)(h)(iii), because the definition is already contained in subsection (1)(e). A definition of "public highway" is added under subsection (1)(i). Subsection (5) is changed to provide direction for a hunter with a disability who finds it impossible to completely remove his/her vehicle from a nonpaved roadway and wants to shoot from the vehicle.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: February 6, 2007.

J. P. Koenings

Director

OTS-8980.2


AMENDATORY SECTION(Amending Order 04-98, filed 5/12/04, effective 6/12/04)

WAC 232-12-828   Hunting of game birds and animals by persons with a disability.   (1) Definitions:

(a) "Hunter with a disability" means a person with a permanent disability who possesses a disabled hunter permit issued by the department. A hunter with a disability must have all required licenses, tags, permits, and stamps before hunting.

(b) "Disabled hunter permit" means a permit, card, or endorsement to a license issued by the department to any person with a permanent disability who applies to the department and presents such evidence as the director may require showing that the applicant is a person with a qualifying disability. Upon approval of the application, the department will issue a vehicle identification placard. A designated hunter companion card will be issued with a hunting license.

(c) "Designated hunter companion" means a person who assists a hunter with a disability in the stalking, shooting, tracking, retrieving, or tagging of game birds and game animals.

(d) "Designated hunter companion card" means an identification card issued by the department to the hunter with a disability.

(e) "Blind or visually impaired" means a central visual acuity that does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field does not exceed twenty degrees.

(f) "Accompany" means the hunter with a disability and the designated hunter companion are in the physical presence of each other, not to exceed a 1/4-mile separation. While stalking or shooting an animal, the hunter with a disability and the designated hunter companion must have a form of reliable and direct communication.

(g) "Special use permit" means a permit issued by the department to a person with a specific permanent disability as a reasonable accommodation. The special use permit allows for a specific act or acts to include, but not be limited to, use of adaptive mechanical, electrical, or specialty equipment or devices that aid the person in hunting.

(h) "Person with a disability" means:

(i) A person who has a permanent disability and is not ambulatory over natural terrain without a lower extremity prosthesis or must permanently use a medically prescribed assistive device for mobility, including, but not limited to, a wheelchair, crutch, cane, walker, or oxygen bottle; or

(ii) A person who has a permanent disability and is physically incapable of holding and safely operating a firearm or other legal hunting device.

This definition includes, but is not limited to, persons with a permanent upper or lower extremity impairment who have lost the use of one or both upper or lower extremities, or who have a severe limitation in the use of one or both upper or lower extremities, or who have a diagnosed permanent disease or disorder which substantially impairs or severely interferes with mobility or the use of one or both upper or lower extremities for holding and safely operating a firearm or other legal hunting device; or

(iii) A person who is blind or visually impaired.

(("Visually impaired" means central visual acuity that does not exceed 20/200 in the better eye with corrective lenses, or the widest diameter of the visual field is no greater than twenty degrees.)) (i) "Public highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel as defined in RCW 46.04.197.

(2) The designated hunter companion must accompany the hunter with a disability when stalking or shooting game on behalf of the hunter with a disability. The hunter with a disability or the designated hunter companion must immediately cut, notch, or date any required tag. The tag must be affixed to the carcass of the game bird or animal as soon as is reasonably possible after killing the game.

(3) The designated hunter companion does not need to accompany the hunter with a disability while tracking an animal wounded by either hunter, or while tagging or retrieving a downed animal on behalf of the hunter with a disability.

(4) It is unlawful for a designated hunter companion to assist a hunter with a disability unless the designated hunter companion has the designated hunter companion identification card on his or her person.

(5) It is unlawful for a hunter with a disability to shoot from a motor vehicle, ((nonhighway vehicle or snowmobile)) unless the vehicle is stopped, the motor is turned off and the vehicle is ((not on or beside)) removed from the maintained portion of a public highway. If the roadway is not paved, and it is impossible for the hunter with a disability to completely remove the vehicle from the roadway, then the hunter may shoot from the vehicle if the vehicle is as far off the roadway as possible. A disabled hunter vehicle identification placard must be displayed.

(6) It is unlawful for any person to possess a loaded firearm in or on a ((moving)) motor vehicle ((or to shoot a firearm, crossbow, or bow and arrow from, across, or along the maintained portion of a public highway)), except if the person is a hunter with a disability and the vehicle is in compliance with subsection (5) of this section.

(7) Game birds or game animals killed, tagged or retrieved by a designated hunter companion on behalf of a hunter with a disability do not count against the designated hunter companion's bag or possession limit.

(8) A designated hunter companion shooting game for or who may be shooting game for a hunter with a disability must have a valid hunting license issued by Washington or another state.

[Statutory Authority: RCW 77.12.047 and 77.12.020. 04-11-036 (Order 04-98), 232-12-828, filed 5/12/04, effective 6/12/04. Statutory Authority: RCW 77.12.047. 03-10-040 (Order 03-85), 232-12-828, filed 4/30/03, effective 5/31/03. Statutory Authority: RCW 77.32.237. 96-03-084 (Order 96-07), 232-12-828, filed 1/18/96, effective 2/18/96.]

Washington State Code Reviser's Office