Are National Forest Roads "Highways"?

[theman]

Hello everyone, this is my second year attempting to hunt elk in Washington(new resident).  I have a question, though:

Page 72, item 6 of this years regs states:

"Discharging a firearm from, across, or along the maintained portion of any public highway, regardless of surface, is prohibited, except for hunters with disabilities in compliance with WAC 232-12-828."

So, my question is, are the forest service roads "highways"?  How far off of them do we have to be, if at all?  If a forest road is a "highway", is one that is closed to vehicle traffic also a highway?  I hate to split hairs, I'm just looking for some reference to this. 

[bigtex]

RCW 46.04.197
Highway. 

Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.


USFS roads are considered highways, which is one reason why vehicles need to be street legal in order to drive on them. There is no requirement in the state of WA that states you need to be X amount of feet from a road in order to shoot.

What is the situation your using this for? Basically just don't shoot across or from a road and your good.

[theman]

Thanks, figured as much.  But what about forest roads that are closed and gated?  Same applies I guess.

Basically what I wonder is, if I'm wandering down a closed forest road that has been gated off, and I see the granddaddy of all elk lumber down the same road, what's the proper thing to do?  Seems like it's going to be that I should follow it until we both have a chance to leave the road.

[Malottguy]

Where I am in North Central Washington a rule of thumb is if it is plowed in winter or paved, graded or made passable to normal vehicle traffic then it is a highway.

[Little Dave]

Consult the definition section in the Fish and Wildlife Administrative codes.  There are many definitions of "public highway" throughout the state laws.  It is important to get the definition which corresponds to the chapter you are concerned about.

From WAC 232-12-838 (1) Definitions
     (i) "Public highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel as defined in RCW 46.04.197.

[Little Dave]

Archery only:
WAC 232-12-054 (c) It is unlawful to shoot a bow and arrow from a vehicle or from, across, or along the maintained portion of a public highway, except that persons with a disabled hunter permit may shoot from a vehicle if the hunter is in compliance with WAC 232-12-828.

All firearms, hunting or not:
RCW 77.15.460 (2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.

If not done in a negligent manner, RCW 77.15.460 does not prohibit shooting from a road with a rifle, although 232-12-054 does if you are using a bow.   Since negligence can be subjective, be prepared to go to court over the matter if you are testing the law.  It might be worth taking a few steps off the road or waiting for a better opportunity in another location.

[coriantonk]

I think that the last part that says "when any part thereof is open to the use of the public for purposes of vehicular travel as defined in RCW 46.04.197."  Pretty much says that if the road is Gated and closed to trafic then you are OK.  At least that is the way I read it.  Oh by the way you should be carefull how you ask questions like this, You might be acused of being a "Road Hunter"