WSR 02-13-089

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 18, 2002, 12:14 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-10-019.

     Title of Rule: Advanced hunter education rules.

     Purpose: Establishes advanced hunter education program and criteria for issuance and revocation of privileges.

     Statutory Authority for Adoption: RCW 77.12.047.

     Statute Being Implemented: RCW 77.12.047.

     Summary: Establishes rules allowing direct retail sales by salmon and crab fishers without such fishers having a wholesale dealer license.

     Reasons Supporting Proposal: Required by chapter 310, Laws of 2002.

     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: The advanced hunter education program offers recognition to persons who have superior shooting skills, have worked in the conservation of fish and wildlife, and who have the highest understanding of the laws and ethics of hunting. A master hunter certificate will be issued and allows persons to participate in hunts when public safety needs or species identification is critical. Because a master hunter is held to a higher standard, participation will be revoked or suspended for violations. The suspension and revocation criteria are set out in the rule. This program offers additional hunting opportunity to persons who successfully pass the master hunter course.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule affects hunters, 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 18, 2002

Evan Jacoby

Rules Coordinator

OTS-5644.2


NEW SECTION
WAC 232-12-073   Advanced hunter education.   (1) In order to provide for additional hunting opportunity, on species, in areas, or at times when a higher proficiency and demonstrated skill level is needed for resource protection or public safety, the department establishes the advanced hunter education program. Persons who successfully pass the master hunter level of advanced hunter education are entitled to exercise the privileges of participation in special hunts restricted to master hunters. It is unlawful for any person to participate in a hunt restricted to master hunters if such person has not successfully passed the advanced hunter education master hunter course and such person possesses a valid master hunter identification card while participating in such a hunt, and it is unlawful to participate in a hunt restricted to master hunters if the person's master hunter status has been suspended or revoked. Violation of this subsection shall be enforced under RCW 77.15.400 (1)(c) for wild birds, RCW 77.15.410 (1)(b) for big game, and RCW 77.15.430 (1)(b) for wild animals other than big game.

     (2) The advanced hunter education program has three levels, with the following proficiency requirements:

     (a) Sharpshooter education: This program emphasizes marksmanship, with the goal of humanely killing game animals with the least number of shots. Successful graduates of the sharpshooter course must demonstrate above average shooting skills. The cost of applying for sharpshooter education is five dollars, and on successfully passing sharpshooter education each graduate will receive a certificate of completion and an advanced hunter education patch.

     (b) Conservationist education: This program emphasizes habitat restoration and land use practices that maximize protection for wildlife. Successful graduates of the conservationist course will have spent a minimum of twelve hours participating in landowner-sportsman or wildlife-related projects. The cost of applying for conservationist education is five dollars, and on successfully passing conservationist education each graduate will receive a certificate of completion and an advanced hunter education patch.

     (c) Master hunter education: In addition to both sharpshooter and conservationist education, the master hunter program emphasizes ethical behavior while hunting, a detailed knowledge of hunting statutes and rules, and specialized knowledge in how to hunt in damage control hunts that successfully remove problem animals while maximizing public safety. Both extensive home study and passing a rigorous test are prerequisites for achieving the master hunter graduate status. The cost of applying for master hunter education is twenty dollars, and on successfully passing master hunter education each graduate will be issued a certificate, an advanced hunter education patch, and a master hunter identification card.

     (3) Master hunters are held to the highest ethical standards while hunting, and are expected to respect all recreational and trapping laws. Accordingly, should a master hunter violate the trapping or recreational fishing or hunting laws, that person's master hunter status will be suspended or revoked as provided in this subsection. The grounds for suspension and revocation are proof by a preponderance of the evidence that the master hunter has committed a violation of law. A criminal conviction is a rebuttable presumption that the violation occurred. Any person who has master hunter status revoked or suspended under this subsection has the right to an administrative hearing to contest the agency action, and such hearing will be held pursuant to chapter 34.05 RCW, the Administrative Procedure Act.

     (a) A two-year suspension of master hunter status will be imposed for any hunting or hunting related violation.

     (b) A five-year suspension of master hunter status and a requirement to retake the master hunter course will be imposed for:

     (i) Any conviction resulting in a suspension of recreational hunting or fishing privileges or in a trapping privilege suspension;

     (ii) Any violations that involve two big game animals; or

     (iii) Any violation that involves twice or more the daily limit of game or fish.

     (c) A lifetime revocation of master hunter status will be imposed for:

     (i) Any conviction resulting in a second suspension of hunting or fishing privileges or in a second trapping privilege suspension;

     (ii) Any violation while recreational hunting or fishing privileges, trapping privileges, or master hunter status is suspended; or

     (iii) Any violations that involve three or more big game animals.

[]

© Washington State Code Reviser's Office