Other Hunting > Coyote, Small Game, Varmints
Shoot from the road?
bigtex:
--- Quote from: bearpaw on March 03, 2013, 09:41:50 PM ---Thankyou bigtex,
If I read that correctly a person cannot shoot across or on a national forest system road. Does that mean shoot at something that is on the road, or does that mean a person cannot shoot from the road. It sort of seems to indicate a person cannot shoot something on the road or across the road.
People have shot grouse in the forest and on the back roads for decades and I have never heard of anyone being cited. Are they citing for that now?
Another thing, most people would get out of a vehicle and shoot a buck while driving the mountain roads, are people being cited for that now?
--- End quote ---
From what I have been told the federal interpretation of “on a national forest system road” means I can’t stand on a USFS road and shoot a gun. Essentially because I am discharging a firearm while I am on a USFS road. Doesn’t matter if I am shooting something on the road, such as a grouse down the road, or something in the adjoining clear-cut.
This isn’t a new regulation. The thing is this is a federal regulation, only USFS (or other federal officers) LEOs can cite people for this and it would be a federal citation. So if WDFW or a Deputy saw you doing this all they could do is get your info and forward it on to the USFS LEO.
I think it comes down to someone can shoot from a WDFW or DNR road, but not USFS, so are officers going to be sticklers for it? Yes, it is definitely a federal law violation, and if a federal officer saw you doing it you would be cited. But is WDFW going to take the time to gather info and forward a report on? They could, but it comes down to the fact that the act is legal in other areas of the state, but not on USFS roads.
bearpaw:
Thanks for the very understandable reply, it is important to know exactly what is legal and what is not so a person doesn't make any mistakes.
Does this affect disabled hunters?
I could understand paved forest roads but I don't agree with this when on more remote forest roads, it would benefit many people if the state laws would apply, do you know how to get it changed to be similar with the state law, where would a person would start? Is there someone I could contact who is in charge of enforcement of these laws in this state or region?
bigtex:
--- Quote from: bearpaw on March 04, 2013, 09:52:23 AM ---Does this affect disabled hunters?
I could understand paved forest roads but I don't agree with this when on more remote forest roads, it would benefit many people if the state laws would apply, do you know how to get it changed to be similar with the state law, where would a person would start? Is there someone I could contact who is in charge of enforcement of these laws in this state or region?
--- End quote ---
This law trumps state law. And that is how federal regs work. As an example, if you were to drive through Mt Rainier Park while drunk you would be cited under a federal/NPS DUI charge even though under NPS laws you can adopt state traffic offenses. The way it works is you can only adopt a state offense if there is no conflicting federal offense. So if you had a suspended license the state offense would be adopted because there is no federal offense for violation.
If an officer saw a disabled hunter shooting from the road, I would be willing to bet even a USFS LEO would educate on the law rather then get a citation, because quite simply WDFW doesn't provide disabled hunters with that info, because it is not a WDFW/state law but rather a federal law. Kind of like how coyote hunting is closed on almost all USFWS lands, but you don't see that in the hunting regs.
How do you get the law changed? It comes from USFS management DC. This isn't an issue where you can call a supervisory LEO for the USFS and ask for them to look into the issue. Agencies can revise their Code of Federal Regulations (CFR) every 5 years, some do it every 5 years, others don't. The USFS did it in 2011/2012. This law exists on all USFS lands in every state, not just WA. So if you were to change the law it would effect all USFS lands. The USFS has not really changed their CFR very much, and it is one of the frustrations with USFS LEO's, you look at the NPS and USFWS CFR and it actually makes sense and is usable. Some of the USFS CFR is very much outdated, so if they won't even do to enhance the operability of their own LEOs you can imagine how they feel about changing it for a private citizen.
The way it works is an agency puts out their proposed regulations, groups and personnel can comment then the agency can adopt or not adopt the changes. The only real organizations that have an meaningful input in these changes are large organizations (Rocky Mtn Elk, NWTF, etc) not just a private citizen.
Congress members also have no insight or regulation of the CFR. The CFR is essentially the WAC for WA where the agency creates/changes the regulations, not elected officials.
Hate to say it Dale, but this reg is here to stay. :twocents:
Gringo31:
--- Quote ---So, would in be legal to build one of those big spotlighting tower/chairs to mount in the back of your truck for solo night calling now? I always thought that looked fun but it has been illegal in the past.
--- End quote ---
I sent WDFW an email on this a few years ago. I wanted to build a kill chair but it would be illegal (I included pics from Texas). IF it was in the back of a pickup, again...it would be illegal. But, I was told that if I built it on a trailer, but then disconnected the trailer from the truck (still keeping the power supply in tact) I would be fine. It did seem like I had asked them questions that they couldn't figure out if I was serious or not :chuckle:
Never did build one....
Bob33:
--- Quote from: Gringo31 on March 04, 2013, 10:31:13 AM ---
--- Quote ---So, would in be legal to build one of those big spotlighting tower/chairs to mount in the back of your truck for solo night calling now? I always thought that looked fun but it has been illegal in the past.
--- End quote ---
I sent WDFW an email on this a few years ago. I wanted to build a kill chair but it would be illegal (I included pics from Texas). IF it was in the back of a pickup, again...it would be illegal. But, I was told that if I built it on a trailer, but then disconnected the trailer from the truck (still keeping the power supply in tact) I would be fine. It did seem like I had asked them questions that they couldn't figure out if I was serious or not :chuckle:
Never did build one....
--- End quote ---
The law changed in 2012. It could possibly be legal now.
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