Legal question

[lokidog]

This is another example of the stupidity with which many of these laws are written and of how we are ALWAYS considered guilty until proven innocent.  It should not matter what weapons you have with you as long as only a legal weapon is used.  Unfortunately, many game officers probably can't tell the difference between a rifle killed deer and a bow shot one....   

Next we'll not be able to carry a knife with us since it is illegal to kill a deer with a knife, and heaven forbid your walking stick might have a little point on it, because now you are hunting with a spear.   

[Bob33]

What if you're backpacking into the wilderness and want to hunt deer with your bow and bears with a rifle? Couldn't you carry both while on the trail hiking in to your camp site? You're not actually hunting at that point, simply transporting the rifle just as you would in a vehicle. If you happen to see a bear while hiking in, set the bow on the ground, now you're hunting bear. Or, you see a deer, lean the rifle against a tree and pursue the deer. You're now deer hunting and no longer in possession of a rifle.

It's the "what ifs" that require officers to have discretion, and prevent the regulation booklet from being 2000 pages. What if you don't lean your bow against a tree first? What if you're just using your rifle scope to "check out" the deer?
...

However, every officer and every judge is going to see each situation differently, based on several factors.

[Man Tracker]

The WAC is a "rule", written by someone in DFW, without a law(other than time/place/and manner) to back it up.  The issue would be proving a person was "hunting" deer with a rifle during the archery only season.  Transporting a rifle (with a valid bear tag) is not per se illegal.  For clarity sake, one might keep the rifle unloaded and shells in a backpack until actually hunting bear.  Or carry a large caliber handgun and use it for bear as well as personal protection. 

[Stein]

The WAC is a "rule", written by someone in DFW, without a law(other than time/place/and manner) to back it up.  The issue would be proving a person was "hunting" deer with a rifle during the archery only season.  Transporting a rifle (with a valid bear tag) is not per se illegal.  For clarity sake, one might keep the rifle unloaded and shells in a backpack until actually hunting bear.  Or carry a large caliber handgun and use it for bear as well as personal protection.

WAC is Washington Administrative Code codifies regulations and is enforceable law.  All WAC codes references the statutory authority upon which it is based.

If you want to rifle bear hunt and archery deer hunt, you cannot legally have both weapons on your person during archery deer season.  Your only legal option would be to hunt deer during rifle season with a bow.

The reference for this instance is Revised Code of Washington (RCW) 77.04.055.  The legislature gives WDFW the authority to define what gear may be used to take wildlife.  In the WAC, they did this, thus it is enforceable law.



RCW 77.04.055
Commission — Duties.

(1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:

     (a) Review and prescribe basic goals and objectives related to those policies; and

     (b) Review the performance of the department in implementing fish and wildlife policies.

     The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.

     (2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.