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Forum Index -> Trail Talk -> Hunter age limit/hunter orange while hiking
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PostFri Jan 23, 2009 5:33 pm  Hunter age limit/hunter orange while hiking  This topic is locked: you cannot edit posts or make replies. Reply with quote

There are three bills before the legislature that will affect us as hikers - I think we should speak up.

Here's a way to contact your state legislator: link


HB 1114 "Regarding youth hunting privileges"
This bill would require hunters under age 14 to be accompanied by an adult (the Department of Fish and Wildlife recommends 16, but the bill sets it lower).  Let your legislator know what you think.

SB 5559 - Jeanne Kohl-Welles' bill would require hunters under age 16 to be accompanied by an adult.  Let your legislator know how you feel.

HB 1116 "Requiring visible clothing while recreating"
The bill would require hikers to wear hunter orange whenever there was an open hunting season. Let 'em know.


Wiki summmary last edited by Tom on Tue Jan 27, 2009 12:52 pm (this post can be edited by any member)
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kbatku
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PostFri Jan 23, 2009 6:27 pm  FYI  This topic is locked: you cannot edit posts or make replies. Reply with quote

House Bill 1116 (requiring visible clothing in certain recreation areas)

Introduced by Rep. Brian Blake, (D-Aberdeen) (D) on January 14, 2009, requires that persons visiting any recreation area during hunting season wear hiker orange clothing and that signs must be posted on all public trail heads during authorized big game hunting seasons. "Hiker orange clothing" is defined as a minimum of four hundred square inches of fluorescent orange exterior clothing worn above the waist and visible from all sides.

( 400 square inches is essentially a vest, but you also need an orange component on your pack so that the orange is visible "from all sides".
So....you will need to sew a band of "hiker orange" onto your pack, or drape it with another vest. An orange strobe light on top of your hat would be a nice touch as well. And don't forget to make noise...lots of noise...so the hunters know that you aren't some mutant orange deer or something.
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Dogpatch
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PostFri Jan 23, 2009 6:31 pm   This topic is locked: you cannot edit posts or make replies. Reply with quote

You know, the more I think about this, the more I think it's a red herring. The wording is designed to piss off hikers (since when is it "hiker" orange?). I think it's an attempt to deflect attention from the real issue - the minimum age limit for hunters.

So yeah, let's not let them make us look like pumpkins out on the trail. But don't forget the hunter age limit - it's the real issue.

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  Inside of a dog, it's too dark to read." – Groucho Marx
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kbatku
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PostFri Jan 23, 2009 6:36 pm   This topic is locked: you cannot edit posts or make replies. Reply with quote

Dogpatch wrote:


So yeah, let's not let them make us look like pumpkins out on the trail. But don't forget the hunter age limit - it's the real issue.

The current proposed legislation limits unescorted hunters to 14 years old and above. Coincidentally, the hunter who whacked the lady hiker last August was...uummm...14.
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Tom
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PostFri Jan 23, 2009 6:39 pm   This topic is locked: you cannot edit posts or make replies. Reply with quote

Thanks for the link.  I've contacted my legislators.
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Layback
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PostFri Jan 23, 2009 6:44 pm   This topic is locked: you cannot edit posts or make replies. Reply with quote

Dogpatch wrote:
You know, the more I think about this, the more I think it's a red herring. The wording is designed to piss off hikers (since when is it "hiker" orange?). I think it's an attempt to deflect attention from the real issue - the minimum age limit for hunters.

So yeah, let's not let them make us look like pumpkins out on the trail. But don't forget the hunter age limit - it's the real issue.

I concur.  It's a timely considering the Sauk Shooting in currently being discussed in court.  Regardless, we must act.  Thanks for the link.  Hopefully, the WTA and Mounty people who help deal with these issues are in the know.  It would behoove us to reach out to whatever contacts we have.
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Layback
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PostFri Jan 23, 2009 6:46 pm   This topic is locked: you cannot edit posts or make replies. Reply with quote

What sort of text are folks using to reach out to their legislators?  I could use some help and I'm sure it would help a few others who might be hesitant to try and create something on their own.
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Tom
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PostFri Jan 23, 2009 6:52 pm   This topic is locked: you cannot edit posts or make replies. Reply with quote

Here's the jist of what I wrote:

Quote:
Hello, I am writing in regards to three bills before the legislature that will affect hunters and hikers.

The first bill (HB 1114) sets the minimum age for hunting without adult supervision at 14.  I feel this age is too low.  I support the alternative (SB 5559) which sets the minimum age at the Department of Fish and Wildlife recommended age of 16 because I believe it is a more reasonable requirement and if it had been in place last August Pamela Almli might still be alive today instead of having been shot and killed by an unsupervised and negligent 14 year old hunting on a hiking trail.

The other bill (HB 1114) would essentially require hikers to wear orange during hunting season. This is an absolutely ludicrous and absurd requirement. Hikers should not be required to wear orange to compensate for any hunter that would neglect to follow basic hunting safety protocol and shoot before identifying their target with 100% certainty. The bill would only increase the likelihood of hikers being killed by hunters, which historically has been a rare event.  Hunters should NEVER assume hikers are wearing orange and this bill would only encourage hunters to make such an assumption and be more careless when identifying a target.  We do not need bills that would "dumb things down" for hunters.  If anything we need to require MORE responsibility from those going into the woods with a gun, not those without.

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Malachai Constant
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PostFri Jan 23, 2009 6:53 pm   This topic is locked: you cannot edit posts or make replies. Reply with quote

I checked out the sponsors web site he is a very pro-hunter type (not that there is anything wrong with that wink.gif ) Interestingly he sponsored a bill last year which allowed young hunters to defer hunter safety education uhoh.gif
"Rep. Brian Blake (D-Aberdeen) pointed to his bill to defer hunter education for young people as an example of good public policy encouraging outdoor activities.

“Getting outside for hunting, fishing, hiking or any other reason is both fun and educational,” said Blake. “We need to encourage more young people to enjoy the outdoors, and deferring hunter education for them is one way to do that.”

Seems his intent is to keep unsupervised kids hunting and blames accidents on stupid hikers. down.gif  down.gif  down.gif

BTW not all (D)s are pro hiker or all (R)s anti-hiker definitely will contact my legislators.

Tom the second part of your letter is good but are you aware the bill proposed would not have prevented the Sauk incident as unsupervised 14 year olds are still allowed to hunt under Blakes bill.

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kbatku
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PostFri Jan 23, 2009 6:55 pm  ditto  This topic is locked: you cannot edit posts or make replies. Reply with quote

Also discussed here...
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Snowbrushy
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PostFri Jan 23, 2009 7:07 pm  Re: FYI  This topic is locked: you cannot edit posts or make replies. Reply with quote

kbatku wrote:
. And don't forget to make noise...lots of noise...

http://www.nonoise.org/library/fctsheet/wildlife.htm
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BigSteve
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PostFri Jan 23, 2009 7:07 pm   This topic is locked: you cannot edit posts or make replies. Reply with quote

Here's a question for any PI or PI defense attorneys out there:

If enacted, would a violation of the law by a victim of a negligent shooting constitute negligence per se to support an affirmative defense of contributory negligence and/or comparative fault?  If not, would evidence of violation of the law be admissible as evidence on the standard of care element on a contrib neg affirmative defense?

If the answer to either question is affirmative, then this bill is really f***ed up.  (Edited to add:  Even if the answer to both questions is "no," the bill is still f***ed up.)

Thanks to anyone who can provide an informed answer.
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PostFri Jan 23, 2009 7:38 pm   This topic is locked: you cannot edit posts or make replies. Reply with quote

I have not practiced PI for a long time but am fairly sure that Washington does not follow a strict per se negligence finding when a statute has been violated contributing to an accident the law was intended to prevent. Washington does however declare that such a violation raises a presumption that the person who violates the statute is at fault. As a practical matter the result is likely the same so if you were shot with 250 sq. inches of "Hiker orange" the guy who shot you would probably not pay much damages. down.gif

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JimK
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PostFri Jan 23, 2009 7:55 pm   This topic is locked: you cannot edit posts or make replies. Reply with quote

How about a wiki where each person who sends a message to their legislator adds their name. If we can get 80 people to drive to Kirkland for a social we ought to be able to get 80 to send a short message against this bill. Perhaps when the list of names gets longer folks will take the time to join it. We have the ability to have a voice and this site is the means to organize it. Frankly 100 messages would have an effect on a bill that is not high profile. Even a couple of sentences would be worth the effort.

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Go Jo
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PostFri Jan 23, 2009 8:06 pm   This topic is locked: you cannot edit posts or make replies. Reply with quote

JimK wrote:
How about a wiki where each person who sends a message to their legislator adds their name. If we can get 80 people to drive to Kirkland for a social we ought to be able to get 80 to send a short message against this bill. Perhaps when the list of names gets longer folks will take the time to join it. We have the ability to have a voice and this site is the means to organize it. Frankly 100 messages would have an effect on a bill that is not high profile. Even a couple of sentences would be worth the effort.

Peer pressure for political action? I think I trust in the members of this site to take action on issues that interest and/or effect them. I understand your enthusiasm but... even after I send my letter I don't think I would add my name to a wiki list. It feels like a private decision, like casting a vote in an election. Just my personal 2 cents ~Jo
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