October 5, 2006
TO: Bruce Bjork, Chief, Enforcement Program
FROM: Dave Brittell, Assistant Director, Wildlife Program
SUBJECT: Interpretation of WAC 232-12-051
There has been some confusion and different interpretations provided to the public by the Wildlife Program, Enforcement Program, and the Regional Offices regarding WAC 232-12-051, and which projectiles are legal to use during muzzleloader season.
A conference call was convened today that included Steve Pozzanghera from Wildlife Program, Dan Boes representing the Enforcement Program for Deputy Chief Jarmon, and Sheila Lynch, Assistant Attorney General from the AG’s office. The group reviewed the WAC and discussed the differences in interpretation. The result of the discussion was that the group agreed the stronger interpretation of WAC 232-12-051 referencing non-jacketed, lead projectiles is that this language was intended to prohibit the use of copper and other metal jackets used to surround the lead core of a bullet and to limit that type of technology. The language does not specifically prohibit other types of attachments to lead projectiles, such as non-lead tips plastic or otherwise, plastic bases, or plastic sabots. The Wildlife Program believes that this interpretation was the intent at the time the rule was adopted. This was also Wildlife Program’s original interpretation of the current language as written.
Given the confusion over the interpretation of the rule language, and given Wildlife Program’s interpretation that lead bullets with non-lead tips, plastic bases, and plastic sabots are legal, the Wildlife Program recommends that the Enforcement Program not cite muzzleloaders for using those types of equipment. Wildlife Program also recommends that Enforcement Program circulate this information through the Regional Captains to all of the Detachments.
We would welcome further discussions with Enforcement, Hunter Education, and the Fish and Wildlife Commission if it is determined that the current wording of the rule language needs modification in the future for additional clarity.
cc: Bill Jarmon
Sheila Lynch
Regional Directors
Regional Wildlife Program Managers
Regional Office Managers
Mik Mikitik
Dave Ware
Michelle Gavin-Panos
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