MBAs Letter to the Commissioners Regarding the Modified Archers Permit

December 8, 2001

MDFWP Commission

Re: MBA proposal for a Modified Archer’s Permit

Dear Commissioner,

In 2000, the MDFWP Commission adopted standards for the use of legal bowhunting equipment in Montana during the archery only season. This valiant action put a halt to the use of unregulated technology advancements in archery equipment. While these regulations preserve bowhunting opportunity for most bowhunters, it may inadvertently prohibit persons with certain disabilities from legally participating in bowhunting activities during the archery only season.

The Montana Bowhunters Association has prepared a detailed "Modified Archer’s Permit" proposal after consultation with MDFWP and Access Montana Outdoors, a group representing disabled sportsmen. Our proposal would create opportunity by allowing those who are unable to draw and hold a legal hunting bow due to a permanent upper body disability, to use certain modified archery equipment such as a draw-lock device during the archery only season. It preserves the fundamental nature of bowhunting and current equipment restrictions. Furthermore, it establishes the testing criteria for certification of the disabled applicant based on performance to prevent abuse and insure enforcement, while at the same time takes measures to protect bowhunting from the use of crossbows.

In researching this proposal, the MBA became aware of the likelihood for abuse by those unwilling to commit themselves to the disciplines bowhunting demands. Bowhunting requires a high level of dedication from its participants. It is a difficult and demanding sport. Success is generally measure by the rewards of the experience, not the yield of the harvest.

Those states that allow for conditional use of the crossbow by the disabled in their archery season have found that this provision in their regulation invariably leads to abuse of the program. Michigan’s Department of Natural Resources recently publicly admitted in a news article that their permit process is completely out of control and they are unable to prevent abuse. They currently have 11,000 permits issued and believe that a significant number of those are fraudulent. This enforcement nightmare has caused them to recently give up and propose that crossbows be legalized for use by the general public during their archery season.

The archery industry has initiated a national campaign to gain acceptance of the crossbow as legal archery equipment for the general public. At a recent Archery Manufactures and Merchants Organization show, Rick Bednar of Hunter’s Manufacturing, told an audience of retailers to get into a new profit area by displaying and selling crossbows. Bednar told his audience, "you need to stock the type of products that create an opportunity to make a sale. And if you’re not carrying crossbows, that’s a sale you’re missing."

The average age of North American bowhunters is 40 plus years. This means that within 20 years half of these existing hunters will be over 60. Bednar believes that as the hunting population grows older, the laws defining physically challenged are going to be defined by age in order to accommodate "a lot of hunters who won’t be able to hunt much longer. As an industry, we need to work on this collectively. It’s an area to make money on and it’s going to continue to grow." In addition, Bill Troubridge, president of Excalibur Crossbow urged the audience not to be afraid to explore crossbows and the "exciting new avenue to profit they can provide your business."

The market strategy of the industry is crystal clear, gain acceptance of the crossbow during archery season. The first step in their plan is to see crossbows legalized for use by the disabled during the archery only season. They have no respect for the integrity of bowhunting. They are motivated solely by the potential rewards of this enormous market.

There are those who contend there is no fundamental difference between a draw-lock device and a crossbow. The draw-lock device is a simple aid that attaches to an otherwise lawful bow. It allows the disabled archer with inadequate flexibility or muscle strength to hold a bow at full draw. A crossbow, on the other hand, shares many of the same characteristics commonly found in firearms.

The Montana bowhunter education program requires us, by statute, to teach only the National Bowhunter Education Foundation (NBEF) program. All bows, including the longbow, recurve bow and compound bow, by NBEF definition have three characteristics in common. They each have a string, a pair of limbs, and a handle. The handle is used by the archer to hold and support the bow. The crossbow does not have a handle and bow limbs. Its prods (limbs) and string are attached to a gun stock. The NBEF manual specifically points to the fact that a crossbow is not a bow and should in no way be considered for use in any bowhunting only season.

One of the mandates of the Americans with Disabilities Act (ADA) requires society to make any necessary changes or modifications to its activities to insure the disabled are accorded equal opportunity. As you examine the accompanying document you will find the draw-lock device satisfies this requirement. By regulation, the use of crossbows during the archery only season is prohibited by all hunters. It may, however, be used by any hunter during the general big game season. The fundamental nature of bowhunting would be altered if the use of crossbows is allowed during the archery only season and clearly represents an example of reverse discrimination.

The MBA is excited about providing bowhunting opportunity for the physically challenged. We respectfully request that the Commission consider the Modified Archer’s Permit proposal in the upcoming tentative session. Please feel free to call the MBA if you have any questions regarding the material provided here-in.

Sincerely,

Mark Baker
President, Montana Bowhunters Association

attach:
Modifications to Compound Bows
The Crossbow is not Archery Equipment
Arrow Rimfire
MBA Crossbow Policy Statement