WSR 09-18-046

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed August 26, 2009, 3:46 p.m. ]

Subject of Possible Rule Making: WAC 232-12-051 Muzzleloading firearms and 232-12-054 Archery requirements -- Archery special use permits.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 77.12.047.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 9.41.060(8) allows people to carry pistols without a concealed-pistol license (CPL) if they are engaged in a lawful outdoor recreational activity such as hunting or fishing. Currently, WAC 232-12-051 requires hunters to have a CPL if they want to carry a modern handgun for personal protection during muzzleloader season. WAC 232-12-054 requires the same if hunters want to carry a modern handgun for personal protection during archery season. In light of RCW 9.41.060(8), the department recognizes the need to narrowly tailor its firearms-related hunting regulations so as to not infringe on hunters' rights to carry weapons for personal protection.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Department of the Interior. Once we have new rules in place, we will share them with the National Park Service and the United States Fish and Wildlife Service, since these agencies will model firearms regulations in national parks on the regulations of the state(s) in which a park is located.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Lori Preuss, WDFW Enforcement, 600 Capitol Way North, Olympia, WA 98501-1091, phone (360) 902-2930, fax (360) 902-2155, e-mail Lori.preuss@dfw.wa.gov. Contact by October 15, 2009. Expected proposal filing on or after October 21, 2009.

August 26, 2009

Lori Preuss

Rules Coordinator

Washington State Code Reviser's Office