Prior to making a determination of eligibility under this subsection, the commissioner or the commissioner's agent shall meet with the applicant in person at a location chosen by the commissioner to discuss the applicant's needs.__Each applicant's disability and needs must be reviewed in consultation with the disabled hunter, trapper and angler advisory committee established in section 7035, subsection 21 and a determination made regarding the special authorization that may be made to enhance the applicant's access to fishing, hunting and trapping opportunities.__A permit issued under this subsection must be signed by the commissioner and include a clear and specific description of the activities authorized by that permit.__The disabled person shall carry the permit whenever that person is hunting, trapping or fishing, and the permit must be presented to a game warden or other law enforcement officer upon request.__No laws or rules may be waived except as are necessary to effect this subsection.

The commissioner may not authorize any special exception that endangers public safety and may authorize only the minimum special exceptions necessary to overcome the applicant's disability and allow that applicant to safely hunt, trap or fish.__ A permit issued under this subsection may not authorize a person to exceed the allowable bag or size limits for any fish or wildlife species; to fish for or take a fish or wildlife species for which a license is not otherwise issued; to fish for, trap or hunt a fish or wildlife species more than 7 days before the opening or more than 7 days after the closing of the regular open season for that species; or to fish, trap or hunt in any area permanently closed to those activities by state law or rule.

FISCAL NOTE

The Department of Inland Fisheries and Wildlife will incur some minor additional costs to establish a Disabled Hunter, Trapper and Angler Advisory Committee and to issue certain special licenses for persons with permanent physical disabilities. These costs can be absorbed within the department's existing budgeted resources.

SUMMARY

This bill allows the Commissioner of Inland Fisheries and Wildlife to authorize special exceptions for individuals with a

permanent physical disability that allow those persons to lawfully hunt, trap or fish at times or in a manner that would otherwise be prohibited by laws or rules administered by the Department of Inland Fisheries and Wildlife. The commissioner may authorize only the minimum special exceptions necessary to overcome the applicant's disability and may not authorize any special exception that endangers the public safety or that threatens the resource. No exceptions may be granted that would allow a person to exceed bag or size limits; to fish for or take a fish or wildlife species for which a license is not otherwise issued; to fish for, trap or hunt a fish or wildlife species more than 7 days before or after the regular open season for that species; or to fish, trap or hunt in any area permanently closed to those activities.

Each applicant for such a permit shall present the commissioner with a letter signed by a physician stating that the person has a physical disability that permanently and substantially restricts that person's ambulatory ability or endurance; the use of one or both hands, arms or legs; or sight or hearing. The commissioner is then required to meet with each applicant in person to determine if that disability prevents that person from safely hunting, trapping or fishing under existing laws and rules.

Prior to making any final decision on such license applications, the bill requires the commissioner to discuss each application with a newly created disabled hunter, trapper and angler advisory committee. The committee, which must meet at least twice a year, is composed of 4 disabled persons, a licensed physician, representatives of state agencies that work on disability issues, 2 statewide organizations representing hunters, trappers or anglers, and one interested individual.