Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Agriculture & Natural Resources Committee

HB 1199

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

Hunter education program

The Washington Department of Fish and Wildlife (WDFW) is responsible for the operation of a statewide hunter education program. This program, or an equivalent program in another state, must be completed by applicants for a State hunting license that are age 41 or younger [RCW 77.32.155]. The only exemption available is for prospective hunters over the age of 18. These individuals may receive a one-year deferral once in their lifetime to hunt without completing the training course, as long as they are doing so in the company of a licensed hunter.

The hunter education program consists of at least 10 hours of instruction in safety, conservation, sportsmanship, and firearm handling. Average classes involve four to six sessions and require the student to pass a written test and, other than students who are in the military, demonstrate firearms handling skills. The WDFW offers both a live course option and a home study option. Live courses are scheduled throughout the state.

Hunter education courses are taught by volunteers, either individually or as a team, that are trained and certified by the WDFW. All instructors must be at least 21 years of age, and must undergo a background investigation by the WDFW.

Program income

Under federal law, "program income" is gross income received and earned by a state fish and wildlife agency as a result of a federal grant. State fish and wildlife agencies may earn income from activities incidental to a grant as long as the primary purpose of the agency activity is not producing income. Any agency earning program income must account for income received from these activities in the project records and dispose of it according to the terms of the grant.

Minimum hunting ages

Prior to 1994, all hunters under the age of 14 were required to be accompanied by a parent, guardian, safety instructor, or other approved adult when they were in possession of a firearm for the purposes of hunting or target practice. Today, there is no minimum age requirement for a hunting license or for enrollment in a hunter's education course.

It is unlawful for a person under the age of 18 to be in possession or control of a firearm [RCW 9.41.040]. However, there are exceptions that create situations where the possession of a firearm by a juvenile is lawful. These exceptions include attendance at a hunter's education course and hunting with a valid license issued by the WDFW [RCW 9.41.040].

Summary of Bill:

New fees.

The WDFW is authorized, but not mandated, to issue two new fees related to their hunter education program. The first fee is on all class registrations. This fee may not exceed $20. The second fee is for duplicate copies hunter education completion certificates. This fee may not exceed $10. The WDFW is required to adopt rules regarding the use of collected fee revenue; however, it must be considered "program income" under federal law for the purposes of federal grant receipt conditions.

Hunting ages

Two minimum age limits are established for hunting. The minimum age of 8 is set for a person to be eligible to both enroll in a hunter education course and purchase a hunting license. The minimum age of 14 is set for a person to lawfully hunt while unaccompanied except when hunting on private land owned or leased by an immediate family member. Persons found hunting unaccompanied under the age of 14 may be prosecuted for a criminal misdemeanor.

Individuals older than 7, yet younger than 14, may lawfully hunt as long as they are accompanied by a currently licensed and non-deferred Washington hunter who is at least 18 years old.

Other changes

Other changes to the hunter education program include:

adding "safety", and changing "sportsmanship" to "ethical hunting behavior" in the scope of the hunter education program's course of work;
specifying that military members must be residents of Washington or stationed in Washington in order to be exempt from the firearms portion of internet-based hunter education courses;
removing the requirement that a person be licensed to hunt in Washington for the three years prior to accompanying a person on his or her once in a lifetime year of hunting under a deferral of the education requirement.