Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-10-094.

     Title of Rule: Personal use rules.

     Purpose: Amend hunters with disabilities rules.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Clarify activities of designated hunter companions and make technical changes.

     Reasons Supporting Proposal: Reduce confusion as to activities allowed for designated hunted [hunter] companions.

     Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

     Name of Proponent: 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: It is currently unclear what activity may be undertaken by a designated hunter companion to a hunter with a disability. This rule clarifies that "accompany" means to be within three hundred feet of the hunter with the disability, and that only after the game is wounded may the companion not accompany the hunter with a disability. It also provides that the companion who is hunting may be licensed in either Washington or another state.

     Proposal Changes the Following Existing Rules: Amends hunters with disabilities rule.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule involves recreational hunting, not small businesses.

     RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

     Hearing Location: Pearsall Multi-Services Center, 2109 Sumner Avenue, Aberdeen, WA, on August 2-3, 2002, at 8:00 a.m.

     Assistance for Persons with Disabilities: Contact Debbie Nelson by July 19, 2002, TDD (360) 902-2207, or (360) 902-2267.

     Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by July 26, 2002.

     Date of Intended Adoption: August 2, 2002.

June 19, 2002

Evan Jacoby

Rules Coordinator

OTS-5807.1

AMENDATORY SECTION(Amending Order 96-07, filed 1/18/96, effective 2/18/96)

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

     (a) (("Designated hunter companion" means a licensed hunter who accompanies a disabled hunter and assists the disabled hunter in the taking of game birds and game animals.

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

     (((c))) (b) "Disabled hunter permit" means a permit, card, or endorsement to a license issued by the department to any person ((of)) 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 ((of)) with a qualifying disability. Upon ((issuance of a disabled hunter permit)) approval of the application, the department will ((also)) issue a ((designated hunter companion identification card and a disabled hunter)) vehicle identification placard. A designated hunter companion card will be issued with a hunting license.

     (((d))) (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 being in the physical presence of a person, not to exceed three hundred feet away from such person.

     (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 fishing or hunting.

     (h) "Person ((of)) with a disability" means:

     (i) A ((permanently disabled)) 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 ((permanently disabled)) person who has a permanent disability and is ((unable to hold or shoot)) physically incapable of holding and safely operating a firearm or other legal hunting device; or

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

     This definition includes, but is not limited to, persons with a permanent upper or lower extremity impairment((s)) who have lost the use of one or both upper or lower extremities, or who have a ((significant)) 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.

     (((e))) (i) "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.

     (2) The designated hunter companion((, when accompanied by the disabled)) must accompany the hunter((, may assist the disabled hunter in shooting, tagging and retrieving game birds or game animals, or may shoot, tag and retrieve game birds or game animals on behalf of the disabled hunter)) with a disability when stalking or shooting game on behalf of the hunter with a disability. The ((disabled)) hunter with a disability or the designated hunter companion must immediately cut, notch, ((and affix the disabled hunter's tag to the carcass of the game bird or game animal)) 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) ((It is unlawful for a)) The designated hunter companion ((to assist a disabled hunter unless the designated hunter companion is accompanied by the disabled hunter, except the designated hunter companion may leave the disabled hunter to retrieve game birds or game animals wounded or killed by either the disabled hunter or 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 ((disabled)) 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 ((disabled)) 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 the maintained portion of a public highway. A disabled hunter vehicle identification placard must be displayed.

     (6) It is unlawful for any person to possess a loaded firearm in a moving vehicle or to shoot a firearm or bow and arrow from, across, or along the maintained portion of a public highway.

     (7) Game birds or game animals killed, tagged or retrieved by a designated hunter companion on behalf of a ((disabled)) hunter ((become part of the disabled hunter's bag or possession limit, and)) 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 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 77.32.237. 96-03-084 (Order 96-07), § 232-12-828, filed 1/18/96, effective 2/18/96.]

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