WSR 03-10-040

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 03-85 -- Filed April 30, 2003, 4:26 p.m. ]

Date of Adoption: April 11, 2003.

Purpose: Amend hunting by persons with disabilities rule.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-55-060; and amending WAC 232-12-828.

Statutory Authority for Adoption: RCW 77.12.047.

Adopted under notice filed as WSR 03-06-079 on March 4, 2003.

Changes Other than Editing from Proposed to Adopted Version: Editing only.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

April 28, 2003

Susan Yeager

for Will Roehl, Chair

Fish and Wildlife Commission

OTS-5807.3


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)) with a 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 the hunter with a disability and the designated hunter companion are in the physical presence of each other, not to exceed 1/4 mile separation. While stalking or shooting an animal, the hunter with a disability and the designated hunter companion must have a form of reliable and direct communication.

(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 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((; or)) 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; or

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

"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.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-55-060 Reduced fee license issuing procedure.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office