MBA Letter to FWP Re Disabled Proposal
October 12, 2001
Glen Erickson
Montana Department of Fish Wildlife and Parks
1420 East 6th Avenue
Helena, MT 59620
Dear Glen:
As we have discussed earlier, the MBA is interested in working together with MDFWP and Access Montana Outdoors in designing a proposal to provide access to bowhunting for the disabled. Our proposal would allow those who are unable to draw and hold a legal hunting bow due to permanent disability, to use a draw-lock device on an otherwise lawful bow.
Our objectives are:
1) To create opportunity for those with certain permanent disabilities to enjoy archery hunting.
2) To strictly delineate those handicaps which would apply.
3) To create strict criteria for certification so that abuse of the privilege is prevented/enforceable.
4) To create opportunity without altering the fundamental nature of bowhunting and equipment.
Certain Equipment regulations would need to be considered:
1) Modifications would be allowed only to conventional compound bow, recurve bow or longbow equipment.
2) The bow that is modified must otherwise be legal as defined under current Montana archery equipment regulations.
3) Specific regulations would need to be considered for exemption:
a. The bow must be hand held – some devices would allow for attachment of the modified bow to supports upon wheelchairs or to prosthetic devices.
b. The regulation prohibiting any attachment to the riser extending rearwards past the brace height of the string – those individuals with the use of only one arm or quadriplegics would require use of a "draw-lock" device to hold the bow at full draw. A release mechanism operated by hand or mouth could be used to release the arrow.
c. The bowstring must be moved and/or held at all points during the draw cycle entirely by the muscle power of the shooter – again, a draw lock may be required.
d. Other regulations may also need to be examined.
Our proposal would allow for the creation of a "Modified Archer’s Permit". This MAP would allow the applicant to use a draw-lock device as stated above and would be granted under the following conditions:
1) The disability must be permanent.
2) Disability must involve the arms, shoulders or upper torso so that individual is not capable of drawing and holding lawful archery equipment.
3) Certification of the disability should be performed by a physical therapist on an official MDFWP form and certified by a physician licensed to practice medicine.
4) Recertification should be required at regular intervals such as every two or three years.
5) Applicants would be required to successfully complete an NBEF bowhunter education course.
6) The modified archery permit holder must have a companion to assist in immediately dressing any killed game animal. The companion may also assist the permit holder by hunting (by the use of legal archery equipment only) a game animal that has been wounded by the permit holder when the permit holder is unable to pursue and kill the wounded game animal.
7) The penalty for fraud should be significant to deter abuse.
The MBA favors a certification procedure similar to the State of Michigan, which requires performance based testing of specific criteria necessary to draw and hold a legal hunting bow. These tests should be standardized and nationally recognized. If properly designed, this certification should eliminate the need for a separate definition of disability for archery.
In submitting these suggested criteria, we understand that further input may be required from specialists in the fields of medicine and physical therapy. We do feel, however, that the following criteria represent reasonable minimum requirements for a modified archer’s permit:
A. Amputations involving 4 fingers at the proximal interphalangeal joint, wrist, elbow or shoulder.
B. Spinal Cord Injury at the level of T-1 or above, resulting in permanent disability of at least 80% to a hand, wrist, arm or shoulder.
C. Muscle Weakness resulting in a permanent disability of the muscles of the shoulder, arm and back used in drawing and holding a bow. Testing by a physical therapist shall use the "Techniques of Manual Muscle Testing" by Daniels and Worthingham and be scored on a range of grade 0 to grade 5. The applicant must score grade 3 or worse to qualify for a modified archer’s permit.
D. Impaired Range of Motion of the shoulder, elbow or wrist that would prohibit the applicant from raising and holding a bow in the horizontal position. The impairment must be of a permanent nature.
E. Coordination Assessment. Coordination is the ability to execute smooth, accurate, controlled movement. Incoordination or coordination deficit describes abnormal motor function characterized by awkward, extraneous, uneven or inaccurate movements. This deficit may be caused by central nervous system disorders, including, but not limited to, Parkinson’s Disease, Cerebral Palsy, Hemiplegia, Hemiparesis and closed head trauma; or by progressive neuromuscular diseases, such as Muscular Dystrophy, Multiple Sclerosis and Amyotrophic Lateral Sclerosis. This test is to assess the ability of the applicant to use his muscles or groups of muscles in a coordinated manner necessary to adequately and safely shoot a standard bow.
We suggest that the optimal procedure for this certification would require a licensed physical therapist to perform and certify the appropriate standardized tests on the applicant. A licensed physician would then be required to certify the physical therapist’s findings.
The MBA feels that a Modified Archer’s Permit, issued under a certification procedure such as described above, would effectively provide access to bowhunting for the physically challenged while ensuring that the fundamental nature of bowhunting is not compromised. We respectfully ask that the MDFWP consider such a proposal for the upcoming tentative session and offer our assistance and support in its design and development.
Sincerely,
Mark Baker
President, Montana Bowhunters Association
Cc. Beata Galda
Mark Earnhardt
