Outdoors

POSTED: Friday, Oct. 23, 2009

HUNTING: Know when and where to shoot

In any hunting scenario, the fundamental question of whether to shoot or not is also accompanied by the question of what kind of firearm to use.

Both state and local governments may exercise certain authorities to regulate the use of firearms for public safety and welfare or resource management reasons.

Even in rural settings, nowadays hunters must be familiar not only with the rules of gun safety but also what state and local jurisdictions say about the use of firearms.

Here's a look at state and local rules governing the discharge of firearms recognizing that the ultimate authority for citizen ownership and lawful use of firearms is secured by the Second Amendment to the Constitution of the United States.

STATE FISH AND WILDLIFE RULES

Under its authority to deal with hunting related safety matters, the state fish and wildlife commission has the authority to limit or ban the use of certain types of firearms during harvest seasons and activities in specific areas.

Department officials also may set 'safety' zones on any department owned or controlled properties where it is unlawful to discharge firearms or carry loaded hunting weapons.

The commission also may establish firearms standards that insure the effective and humane killing of game animals as well as establishing reserves where public entry, hunting and shooting are not allowed to perpetuate the presence of game birds and wildlife.

Commission-imposed geographic restrictions are found on page 67 of the 2009 Big Game Hunting Seasons and Regulations and in Title 77 of the Revised Code of Washington.

Here in Whatcom County, the main state hunting firearms limitation bans the use of center-fire and rim-fire rifles for hunting big game (deer, elk, black bear and cougar) during modern firearms seasons in all mainland areas and islands west of Interstate 5.

Holders of modern firearms tags for big game may use any permissible bow and arrows, crossbows, blackpowder rifles, revolver-type hunting arms or shotguns with slugs or buckshot. Archers and muzzleloader hunters also are allowed to use their respective hunting arms.

There are two fish and wildlife reserves in Whatcom County, the northern portions of Lake Terrell and Tennant Lake. There is a federally controlled reserve north of Ferndale east of North Enterprise Road.

OTHER JURISDICTIONS

Within the corporate limits of Class A and Class B cities and towns by local ordinance it is unlawful to discharge powder propellant type firearms and often air driven and kinetic type firearms such as sling shots and archery tackle as well.

Sovereign Indian governments retain jurisdiction of both hunting as well as the discharge of firearms within the boundaries of formal reservations as well as tribal and, in many cases, Indian trust lands.

In many instances the display and discharge of firearms within city, county, state and federal parks also is banned by law. Whatcom County's ordinance does not impinge on the right of legally licensed (RCW 9.41.070) citizens to carry a concealed weapon even in a county park.

It is also recognized that individual private land owners may not allow the discharge of firearms on their property and may announce their wishes by posting no shooting or no trespassing signs.

SETTING COUNTY NO SHOOTING ZONES

Washington law (RCW 36.32.120) empowers county councils to establish no shooting zones in the interest of public health, safety and welfare.

Some jurisdictions deal with the issue by enacting Indiana-type ordinances banning the discharge firearms within 200 feet of any occupied dwelling or building and 100 feet of any out-building such as barns and sheds.

Whatcom County exercises its authority to ensure public safety by creating specific geographically defined no shooting zones.

Either citizens or the council itself under ordinance 9.32.030 or 9.32.050 may start the process of establishing a no shooting zone by petition in the case of citizens and under a council resolution if council members originate the process.

Due process provisions require that a proposal have a distinct legal description that establishes identifiable boundaries and at least 60 percent signature support of persons owning property inside those boundaries. Justifications must include written accounts of shooting violations in the area but anti-gun or anti-hunting arguments are explicitly disallowed.

HEARINGS AND INPUT

A public hearing must be held on each proposal and before considering adoption of the no shooting zone the county council is required to notify and consult with county departments including the sheriff and prosecutor as well as the Washington Department of Fish and Wildlife's enforcement program.

The council has authority under the ordinance to recognize and exclude any and all traditionally hunted areas from no shooting zones upon their acceptance of hunting testimonials offered at the public hearings. Some such as the Nooksack River, Fazon Lake, Lake Terrell and Green Lake are already specifically mentioned.

Once approved by the council, no shooting zones must be posted but this requirement is not stringent nor does the posting need to be far-reaching.

In a no shooting zone, it is illegal, with certain exceptions, to discharge a firearm in a legally prescribed area.

Exclusions from coverage in ordinance 9.32.090 include law officers in the line of duty, personal protection, dispatching of livestock, injure wildlife and killing of predators and sanctioned shooting sports events in county parks.

Formally developed ranges including the Bellingham Gun Club, Custer Sportsman Club, Lynden Shotgun Range and the county's own Plantation Rifle Range together with other qualifying covered ranges are explicitly exempted from the jurisdiction of the no shooting zone ordinance.

Doug Huddle, the Herald's outdoors correspondent, is retired from the Washington Department of Fish and Wildlife and has written a weekly column hunting and fishing column that appears Fridays. E-mail him at doug.huddle@bellinghamherald.com.

COUNTY ZONES BY THE NUMBERS

In Whatcom County's Code there are 20 no shooting zones or areas established by ordinance in various unincorporated areas of the county. As previously described the discharge of various firearms randomly or deliberately is prohibited.

The establishing code sections and locales are:

( Ordinance 9.32.120 Zone 1: Is on the west side of Lake Whatcom and encompasses the Sudden Valley community and shoreline of the lake to the Geneva community.

( Ordinance 9.32.130 Zone 2: Covers much of the remaining areas around Lake Whatcom including the lake's surface itself that were not detailed in Zone 1.

( Ordinance 9.32.140 Zone 3: Starts on the northeast side of Bellingham and includes lands south of Bakerview Road west of Jones Road then south to Bellingham Bay.

( Ordinance 9.32.150 Zone 4: Covers a strip of land 500 feet north of and running parallel to North Shore Drive from the Bellingham city limits to Agate Bay Lane.

( Ordinance 9.32.160 Zone 5: Includes portions of the Bonneville Power Administration power line right of way in Whatcom County north and northeast of Lake Whatcom.

( Ordinance 9.32.170 Zone 6: Is the locale southwest and west of King Mountain.

( Ordinance 9.32.180 Zone 7: Covers portions of Lummi Island encompassing Lummi Island Scenic Estates.

( Ordinance 9.32.190 Zone 8: Includes the area west of Larrabee State Park and south of the Bellingham city limits in the Chuckanut community.

( Ordinance 9.32.200 Zone 9: Encompasses land in the Point Whitehorn area.

( Ordinance 9.32.210 Zone 10: Designates Section 23 of Township 38 outside the city limits of Bellingham in the Marine Drive area.

( Ordinance 9.32.220 Zone 11: Covers Divisions 1, 2 and 3 of the Glacier Springs development.

( Ordinance 9.32.230 Zone 12: Designates several sections on central Lummi Island.

( Ordinance 9.32.240 Zone 13: Includes portions of Point Roberts.

( Ordinance 9.32.250 Zone 14: Covers plats in the Emerald Lake Estates development west of Toad Lake.

( Ordinance 9.32.260 Zone 15: Encompasses certain lands and waters at Wiser Lake.

( Ordinance 9.32.270 Zone 16: Contains lands in and around the community of Newhalem.

( Ordinance 9.32.280 Zone 17: Includes properties in and around the community of Diablo.

( Ordinance 9.32.290 Zone 18: Establishes boundaries in the Yew Street, Samish Way and Galbraith Road areas outside the Bellingham city limits.

( Ordinance 9.32.310 Zone 20: Covers private in-holdings immediately north and west of Upper Baker Dam

( Ordinance 9.32.320 Zone 21: Encompasses an area east of Van Zandt in the vicinity of Nelson Road.

One shooting zone, number 19 (ordinance 9.32.300) was repealed in 1995 by the county council.

Complete legal descriptions of each of these no shooting zones plus the full text of the Whatcom County Codes Chapter 9.32 related to the Unlawful Discharge of Firearms can be found on-line at http://srch.mrsc.org:8080/code/template.htm;jsessionid=D779135AD8B4CC93C205E76CDB757446?view=main.

Under county code 9.32.080, the Whatcom County Sheriff is designated as the enforcement officer for the no shooting ordinance.