WSR 00-06-088

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed March 1, 2000, 11:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-01-142.

Purpose: To amend WAC 232-12-047 Unlawful firearms for hunting

Statutory Authority for Adoption: RCW 77.12.040.

Statute Being Implemented: RCW 77.12.040.

Summary: The proposed changes simplify modern firearm equipment regulations by eliminating "foot-pounds of energy" as one of the required standards for rifles and handguns, and expand big game hunting opportunity to include shotguns with slugs for all big game hunting.

Reasons Supporting Proposal: The proposed rule changes will make it easier for hunters to understand and comply with equipment regulations.

Name of Agency Personnel Responsible for Drafting and Implementation: Dave Brittell, Assistant Director, Wildlife Program, Olympia, (360) 902-2504; and Enforcement: Bruce Bjork, Assistant Director, Enforcement, Olympia, (360) 902-2932.

Name of Proponent: Washington 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 proposed rule changes will make it easier for hunting license buyers to understand and comply with equipment rules for hunting seasons.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. This rule is not related to the hydraulics code.

Hearing Location: Yakima Convention Center, 10 North 8th Street, Yakima, WA, on April 7-8, 2000, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by March 31, 2000, TDD (360) 902-2207, or (360) 902-2267.

Submit Written Comments to: Washington Department of Fish and Wildlife, Dave Brittell, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2162, by March 31, 2000.

Date of Intended Adoption: April 7, 2000.

March 1, 2000

Evan Jacoby

Rules Coordinator



AMENDATORY SECTION [(Amending Order 98-53, filed 4/22/98)]WAC 232-12-047
Unlawful firearms for hunting.

(1) It is unlawful to hunt any big game with:

(((1))) (a) A fully automatic firearm.

(((2) A handgun that does not meet the following criteria:

(a) For deer, bear, or cougar

(i) Be a minimum of .24 caliber;

(ii) Have a minimum barrel length of 4 inches, per manufacturer's specification; and

(iii) Fire a centerfire cartridge which uses a mushrooming or expanding type bullet that develops a minimum of 500 foot-pounds of energy at 100 yards.

(b) For all other big game species:

(i) Be a minimum of .24 caliber;

(ii) Have a minimum barrel length of 4 inches, per manufacturer's specification; and

(iii) Fire a centerfire cartridge which uses a mushrooming or expanding type bullet that develops a minimum of 750 foot-pounds of energy at 100 yards.

(3) A rifle with a bore diameter less than .240 of an inch (6mm), or barrel length less than 16 inches, except that cougar may be hunted with a .22 caliber centerfire rifle.

(4) A rifle cartridge with a bullet weighing less than 85 grains, or that develops less than 900 foot pounds of energy at 100 yds, except that cougar may be hunted with a rifle cartridge with a mushrooming or expanding type bullet weighing greater than 50 grains.

(5) A rifle cartridge containing a bullet other than a mushrooming or expanding type designed for big game hunting.))

(b) A center fire cartridge less than .22 for cougar.

(c) A center fire cartridge less than .24 for any other big game.

(((6))) (d) A shotgun, provided that a 20 gauge, or larger shotgun, using shells loaded with slugs or buckshot size #1 or larger, may be used to hunt deer, bear, and cougar.

(e) A shotgun for any other big game, except that a 12 gauge or 10 gauge shotgun using slugs may be used.

(((7) A muzzle-loader that does not meet the definition as provided in WAC 232-12-051.))

(2) It is unlawful to hunt game birds with a shotgun capable of holding more than three shells.

(3) It is unlawful to hunt game birds or game animals, except bullfrogs, in a manner other than with a firearm, a bow and arrow, or by falconry.

(4) It is unlawful to hunt game animals or game birds with a shotgun larger than 10 gauge.

(5) It is unlawful to hunt game birds with a rifle or pistol, with the exception of blue grouse, spruce grouse and ruffed grouse.

((It is unlawful to hunt wildlife with a crossbow.))

[Statutory Authority: RCW 77.12.040. 98-10-006 (Order 98-53), 232-12-047, filed 4/22/98, effective 5/23/98; 90-14-108 (Order 449), 232-12-047, filed 7/5/90, effective 8/5/90; 83-01-006 (Order 198), 232-12-047, filed 12/2/82; 82-04-034 (Order 177), 232-12-047, filed 1/28/82; 81-22-002 (Order 174), 232-12-047, filed 10/22/81; 81-12-029 (Order 165), 232-12-047, filed 6/1/81. Formerly WAC 232-12-130.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Washington State Code Reviser's Office