H-0554.1                  _______________________________________________

                                                      HOUSE BILL 1121

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives King, Orr, Chappell and Ludwig

Read first time 01/15/93.  Referred to Committee on Fisheries & Wildlife.

Enforcing department of wildlife statutes.

          AN ACT Relating to the departments of wildlife and fisheries; amending RCW 77.08.010, 77.12.010, 77.12.040, 77.12.055, 77.12.060, 77.12.070, 77.12.080, 77.12.101, 77.12.325, 77.16.020, 77.16.040, 77.16.050, 77.16.060, 77.16.090, 77.16.095, 77.16.100, 77.16.110, 77.16.120, 77.16.150, 77.16.190, 77.16.250, 77.16.260, 77.16.310, 77.21.010, 77.21.020, 77.21.030, 77.32.010, 77.32.211, and 77.32.350; reenacting and amending RCW 9A.82.010; adding new sections to chapter 77.16 RCW; adding new sections to chapter 77.21 RCW; adding a new section to chapter 75.10 RCW; repealing RCW 77.12.105, 77.16.130, 77.16.160, 77.16.180, 77.16.320, and 77.16.330; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 77.08.010 and 1989 c 297 s 7 are each amended to read as follows:

          As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:

          (1) "Director" means the director of wildlife.

          (2) "Department" means the department of wildlife.

          (3) "Commission" means the state wildlife commission.

          (4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

          (5)(a) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws of the state and rules ((adopted pursuant to this title, and other statutes as prescribed by the legislature)) of the department.

(b) "Wildlife agent" also means peace officer.

          (6) (("Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction.  The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries commission, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

          (7))) "Deputy wildlife agent" means a person appointed and commissioned by the director with authority to enforce the provisions of this title and the rules of the department and other statutes as prescribed by the director.

(7) "Law enforcement officer" means any duly commissioned state, county, or municipal peace officer.  This term also includes fisheries patrol officers, special agents of the national marine service, special agents of the United States fish and wildlife service, special agents of the United States forest service, and commissioned officers of the department of natural resources.

(8) "To hunt" and its derivatives means ((an)) any effort to kill, injure, pursue, capture, or harass a wild animal or wild bird regardless of whether that effort was or would have been successful.

          (((8))) (9) "To trap" and its derivatives means a method of hunting using traps or other devices to capture wild animals or wild birds.

          (((9))) (10) "To fish" and its derivatives means ((an)) any effort to kill, injure, harass, or catch a game fish regardless of whether that effort was or would have been successful.

          (((10))) (11) "Open season" means those dates, times, ((manners)) places, sexes, and methods of taking((,)) wildlife and places or waters established by rule of the commission for the lawful hunting, trapping, or fishing((, or possession of game animals, game birds, or game fish)) for wildlife.  "Open season" includes the first and last days of the established ((time)) dates.

          (((11))) (12) "Closed season" means ((all)) those dates, times, ((manners)) places, sexes, and methods of taking((, and places or waters)) wildlife other than those ((established)) designated as an open season.

          (((12))) (13) "Closed area" means a place where the hunting or taking of some ((species of wild animals or wild birds is prohibited)) or all types of wildlife, including age, sex, and species is prohibited as prescribed by rule of the department and described in current season regulations.

          (((13))) (14) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

          (((14) "Game)) (15) "Wildlife reserve" means a closed area where the hunting ((for)) of all wild animals ((and)) or wild birds is prohibited.

          (((15))) (16) "Bag limit" means the maximum number of game animals, game birds, or game fish and types which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission ((for a particular period of time, or as to size, sex, or species)).

          (((16))) (17) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state regardless of whether an actual animal involved in any violation of this title was found in a wild state in Washington.  This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates.  The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified by the director of fisheries.  The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

          (((17))) (18) "Wild animals" means ((those)) wildlife species of the class Mammalia ((whose members exist in Washington in a wild state)) and the species Rana catesbeiana (bullfrog).  The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

          (((18))) (19) "Wild birds" means ((those)) wildlife species of the class Aves ((whose members exist in Washington in a wild state)).

          (((19))) (20) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

          (((20))) (21) "Endangered species" means wildlife designated by the commission or by federal law or regulation as seriously threatened with extinction.

          (((21))) (22) "Game animals" means wild animals that ((shall not)) may be hunted ((except as)) when authorized by the commission.

          (((22))) (23) "Fur-bearing animals" means game animals that ((shall not)) may be trapped ((except as)) when authorized by the commission.

          (((23))) (24) "Game birds" means wild birds that ((shall not)) may be hunted ((except as)) when authorized by the commission.

          (((24))) (25) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

          (((25))) (26) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.

          (((26))) (27) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift.  The term "game farm" does not include publicly owned facilities.

          (((27))) (28) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

(29) "Valid license, permit, tag, stamp, or catch record card" means a license, permit, tag, stamp, or catch record card that is correctly and properly issued to the bearer by the department and does not contain false information, is signed, legible, and has not been altered or modified except as provided by rule of the department.  The terms "valid license" or "license" when used by themselves means a valid license, permit, tag, stamp, or catch record card.

(30) "Trafficking" in wildlife and its derivatives means the activity of:

(a) Purchasing, selling, brokering, bartering, trading, exchanging, shipping, delivering; or

(b) Offering for purchase, sale, broker, barter, trade, exchange, shipment, delivery; or

(c) Soliciting for sale, purchase, broker, barter, trade, exchange, shipment, delivery; or

(d) Possession with intent to sell, purchase, barter, broker, deliver, trade, exchange, or ship.

(31) "To take" and its derivatives means killing, wounding, capturing, or catching any wildlife.

(32) "To possess" and its derivatives means possession or control of wildlife, actual or constructive.

(33) "Taxidermy" means the act of processing, treating, stuffing, or mounting a wildlife specimen or part thereof into a lifelike recreation or any wildlife artifact and shall include assisting, brokering, finding, or reselling wildlife specimens on behalf of a taxidermist.

(34) "Fur dealing" means the business of buying, selling, trading, bartering, or brokering of raw furs or hides of wildlife.

(35) "Original receiver" means the first person in possession of anadromous game fish after the anadromous game fish have been lawfully taken for commercial purposes by a treaty Indian.

(36) "Snag, gaff, or spear" or their derivatives mean any effort to impale a game fish on any part of its body other than its mouth.

(37) "Wildlife locker plant" means an enterprize or business engaged in the cutting, wrapping, processing, or storing of edible portions of wildlife for a client.

(38) "Pursuit season"  means any season where hunting dogs are allowed to pursue wildlife but the wildlife may not be killed.  "Pursuit season" does not include the use of dogs in field trials for game birds.

(39) "Rule of the department"  means any regulation lawfully enacted or promulgated, by the commission or the director of the department of wildlife, or other person delegated such authority by the legislature, under the authority of this title.

(40) "Valid taxidermy license" means either a taxidermist business license or an associate taxidermist license issued under the authority of RCW 77.32.211.

(41) "Reporting offense" means any offense under this title or rule of the department which involves as its elements the failure to deliver to the department of wildlife any document, record, or license and shall include treaty Indian game fish receiving tickets.

        Sec. 2.  RCW 77.12.010 and 1985 c 438 s 1 are each amended to read as follows:

(1) Wildlife is the property of the state.

(2)(a) The department shall preserve, protect, and perpetuate wildlife and its habitat.

(b) In order to carry out this basic mandate the department shall operate effective and scientifically based programs in wildlife species, wildlife habitat, and game fish management. The department shall operate an effective program of fish and wildlife oriented recreation management, consistent with the goal of preserving fish and wildlife.  The department shall attempt to maximize the public recreational fishing opportunities of all citizens, particularly juveniles, handicapped, and senior citizens.

          ((Game animals, game birds, and game fish)) (3) Wildlife may be taken only at times or places, or in manners or quantities as in the judgment of the commission maximizes public recreational opportunities without impairing the supply of wildlife.

          ((The commission shall not adopt rules that categorically prohibit fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the commission may adopt rules and regulations restricting fishing methods upon a determination by the director that an individual body of water or part thereof clearly requires a fishing method prohibition to conserve or enhance the fisheries resource or to provide selected fishing alternatives.  The commission shall attempt to maximize the public recreational fishing opportunities of all citizens, particularly juvenile, handicapped, and senior citizens.))

(4) Nothing contained ((herein)) in this title shall be construed to infringe on the right of a private property owner to control trespass on the owner's private property nor shall anything contained in this title grant anyone engaged in hunting or fishing for game fish the right to enter the private property of another without the owner's permission.

        Sec. 3.  RCW 77.12.040 and 1987 c 506 s 15 are each amended to read as follows:

          The commission shall adopt, amend, or repeal, and enforce reasonable rules prohibiting or governing the date, time, place, and ((manner)) method of taking ((or possessing game animals, game birds, or game fish)) wildlife.  The commission's rule-making authority shall be exercised to provide recreational opportunities for the public and preserve and enhance wildlife and its habitat.  The commission may specify the quantities, species, subspecies, sex, and size of ((game animals, game birds, or game fish)) wildlife that may be taken or possessed.  The commission shall regulate the taking, sale, possession, and distribution of wildlife and deleterious exotic wildlife.  The director may adopt emergency rules under RCW 77.12.150.  The commission rule-making powers shall be exercised to further the purpose in RCW 77.12.010.  No wildlife may be taken, possessed, hunted, trapped, or fished unless authorized by the commission.

          The commission may establish by rule ((game)) wildlife reserves and closed areas where hunting for wild animals or wild birds may be prohibited and closed waters where fishing for game fish may be prohibited.

        Sec. 4.  RCW 77.12.055 and 1988 c 36 s 50 are each amended to read as follows:

          (1) ((Jurisdiction and authority granted under RCW 77.12.060, 77.12.070, and 77.12.080 to the director, wildlife agents, and ex officio wildlife agents is limited to the laws and rules adopted pursuant to this title pertaining to wildlife or to the management, operation, maintenance, or use of or conduct on real property used, owned, leased, or controlled by the department and other statutes as prescribed by the legislature.  However, when acting within the scope of these duties and when an offense occurs in the presence of the wildlife agent who is not an ex officio wildlife agent, the wildlife agent may enforce all criminal laws of the state.  The wildlife agent must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a supplemental course in criminal law enforcement as approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.

          (2) Wildlife agents are peace officers.

          (3))) A wildlife agent is a peace officer and may enforce all laws of the state.  The wildlife agent must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a supplemental course in criminal law enforcement as approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the laws of the state.

(2) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a wildlife agent rests with the department unless the wildlife agent acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the department of wildlife and another agency.

          (((4) Wildlife agents may serve and execute warrants and processes issued by the courts)) (3) Any law enforcement officer duly commissioned within this state, acting within his or her jurisdiction, shall also have authority to enforce this title and any rules of the department adopted under this title.  Any law enforcement officer observing a violation of this title or rule of the department outside of his or her jurisdiction, may briefly detain the suspect and summon a wildlife agent, deputy wildlife agent, or any law enforcement officer from the jurisdiction the act occurred in to assume responsibility for the investigation of the violation and custody of the suspect.

        Sec. 5.  RCW 77.12.060 and 1987 c 506 s 17 are each amended to read as follows:

(1) The director, wildlife agents, and ((ex officio wildlife agents)) other law enforcement officers may serve and execute warrants and process issued by the courts to enforce ((the law)) this title, laws of the state, and rules adopted ((pursuant to)) under this title.

(2) To enforce these laws or rules, they may call to their aid any ((ex officio wildlife agent)) other law enforcement officer or citizen and that person shall render aid.

        Sec. 6.  RCW 77.12.070 and 1987 c 506 s 18 are each amended to read as follows:

          Wildlife agents and ((ex officio wildlife agents)) other law enforcement officers within their respective jurisdictions shall enforce the law and rules adopted ((pursuant to)) under this title.

        Sec. 7.  RCW 77.12.080 and 1987 c 506 s 19 are each amended to read as follows:

          Wildlife agents and ((ex officio wildlife agents)) other law enforcement officers may arrest without warrant any person((s found violating the law)) they have probable cause to believe is in violation of this title or rules ((adopted pursuant to this title)) of the department.

        Sec. 8.  RCW 77.12.101 and 1989 c 314 s 2 are each amended to read as follows:

          (1) ((Wildlife agents and ex officio wildlife agents may seize without a warrant wildlife, as defined in RCW 77.08.010(16), they have probable cause to believe have been taken, killed, transported, or possessed in violation of this title or rule of the commission or director.  Agents may also seize without warrant boat(s), vehicle(s), all conveyances, airplane(s), motorized implement(s), gear, appliance(s), or other articles they have probable cause to believe:  (a) Are held with intent to violate; or (b) were used in the violation of Title 77 RCW, or any regulation pursuant thereto when the species involved is one which is listed in RCW 77.21.070, or any wildlife involved in trafficking under RCW 77.16.040 or illegal netting of game fish under RCW 77.16.060.  However, agents may not seize any item or article, other than evidence, from a violator if under the circumstances it is reasonable to conclude that the violation was inadvertent.  The articles seized shall be forfeited to the state, upon conviction, plea of guilty, or bail forfeiture.  Articles seized may be recovered by their owner by depositing into court a cash bond equal to the value of the seized articles.  The cash bond is subject to forfeiture in lieu of the seized articles.

          (2)(a) In the event of a seizure of an article under subsection (1) of this section, proceedings for forfeiture shall be deemed commenced by bail forfeiture, plea of guilty, or upon conviction.  The seizing authority shall serve notice within fifteen days following the seizure on the owner of the property seized and on any person having any known right or interest in the property seized.  Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested, and service by such mail shall be deemed complete upon mailing within the fifteen-day period following the seizure.

          (b) If no person notifies the department in writing of the person's claim of ownership or right to possession of articles seized pursuant to subsection (1) of this section within forty-five days of the seizure, the articles shall be deemed forfeited.

          (c) If any person notifies the department in writing within forty-five days of the seizure, the person shall be afforded an opportunity to be heard as to the claim or right.  The hearing shall be before the director or his designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction.  The department hearing and any appeal therefrom shall be under Title 34 RCW.  The burden of producing evidence shall be upon the person claiming to be the lawful owner or person claiming lawful right of possession of the articles seized.  The department shall promptly return the seized articles to the claimant upon a determination by the director or designee, an administrative law judge, or a court that the claimant is the present lawful owner or is lawfully entitled to possession of the articles seized, and that the seized articles were improperly seized.

          (d)(i) No conveyance, including vessels, vehicles, or aircraft, is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without his knowledge or consent.

          (ii) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge nor consented to the act or omission.

          (e) When seized property is forfeited under this section the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release such property to such agency for the use of enforcing Title 77 RCW, or sell such property, and deposit the proceeds to the wildlife fund in the state treasury, as provided for in RCW 77.12.170)) (a) Wildlife agents and other law enforcement officers may seize personal property including but not limited to vehicles, air craft, or boats for forfeiture to the state of Washington if they have probable cause to believe that the property was held with intent to violate or was used in violation of this title or department rule under the following circumstances:

(i) If the use or intended use involves big game or any species designated as endangered or threatened under state or federal law; or

(ii) If the use or intended use involves the taking of any fish in violation of RCW 77.16.060.

(b)(i) Wildlife agents and other law enforcement officers may seize without warrant wildlife or any evidence they have probable cause to believe has been taken, killed, transported, utilized, or possessed in violation of this title or department rule.

(ii) A court may forfeit, after notice to interested parties, articles or devices held with intent to violate or used in violation of this title or department rule.

(2) Wildlife agents and other law enforcement officers may seize for subsequent intended administrative forfeiture articles, devices, equipment, vehicles, aircraft, or boats they have probable cause to believe were held with intent to violate or were used in violation of this title or department rule under the following circumstances:

(a) When the violation involves big game;

(b) When the violation involves the taking or attempting to take any fish in violation of RCW 77.16.060; or

(c) When the violation involves any offense contained in chapter 77.16 RCW, involving the unlawful possession, sale, purchase, or trafficking in wildlife.

(3) Seizures shall not be made under subsection (2) of this section if the violation reasonably appears to be inadvertent.

(4) In the event of a seizure of articles or devices under subsection (2) of this section, proceedings for forfeiture shall be deemed commenced by the seizure.

(5) At the time of seizure or within fifteen days thereafter the department or seizing agency shall serve notice upon the owner of the articles or devices seized and on any person having any known right or interest in the articles or devices seized.  Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested.  Service by mail shall be deemed complete by mailing within the fifteen-day period following the seizure.

(6) If no person notifies the department in writing of the person's claim of ownership or right to possession of the articles or devices seized under subsection (2) of this section within forty-five days of the seizure, the articles and devices shall be deemed forfeited.

(7) If any person notifies the department in writing within the forty-five days of the seizure, the person shall be afforded an opportunity to be heard as to the claim or right.  The hearing shall be before the director or the director's designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that a person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the articles seized is more than five thousand dollars.  The department hearing and subsequent appeal shall be as provided for in Title 34 RCW.  The burden of producing evidence shall be on the person claiming to  be the lawful owner or person claiming the lawful right of possession of the articles or devices seized.  The department shall promptly return the articles and devices seized upon a determination by the director or the director's designee, an administrative law judge, or a court of competent jurisdiction, that a claimant is the present lawful owner or is lawfully entitled to possession of the articles or devices seized, or that the articles and devices in question were improperly seized.

(8)(a) No article or device is subject to forfeiture under this section by reason of any act or omission established by the owner of the articles or devices to have been committed without the owner's knowledge or consent.

(b) A forfeiture of articles or devices encumbered by a perfected security interest is subject to the interest of the secured party if the secured party neither had knowledge nor consented to the act or omission.

(9) When seized property is forfeited under this section the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release such property to the agency for the purpose of enforcing this title, or sell such property, and deposit the proceeds in the state treasury credited to the wildlife fund as provided by RCW 77.12.170.

(10)(a) A wildlife agent or other law enforcement officer may apply to a court of record for a search warrant in the event an asset subject to forfeiture under this section has been concealed or otherwise made unavailable by the possessor of the asset.

(b) A court of record shall issue such writ if probable cause exists to seize the asset as provided by this section.

(c) The person holding the asset shall surrender it promptly to the agent or be subject to contempt of court proceedings.

        Sec. 9.  RCW 77.12.325 and 1980 c 78 s 52 are each amended to read as follows:

          ((The commission may cooperate with the Oregon fish and wildlife commission in the adoption of rules to assure an annual yield of wildlife on the Columbia river and to prevent the taking of wildlife at places or times that might endanger wildlife)) (1)(a) The purpose of this section is to avoid the conflict, confusion, and difficulty of locating the state boundary in or on the boundary waters or islands of the Columbia river.

(b) This section does not authorize the holder of a Washington license to take or attempt to take wildlife from the shoreline, sloughs, or tributaries on the Oregon side, nor allow the holder of an Oregon license to take or attempt to take wildlife from the shoreline, sloughs, or tributaries on the Washington side.

(2) The department may cooperate with the Oregon department of fish and wildlife in the adoption of rules to assure an annual yield of wildlife on that portion of the Columbia river that forms the boundary between the two states, and to prevent the taking of wildlife at places or times that might endanger wildlife in boundary waters.

(3) The courts in the counties contiguous to the boundary waters, wildlife agents, and any other law enforcement officer have jurisdiction over the boundary waters to the furthermost shoreline.  This jurisdiction is concurrent with the courts and law enforcement officers of Oregon.

(4)(a) The taking of wildlife from the boundary waters and islands of the Columbia river shall be in accordance with the wildlife laws of the respective states, except when the wildlife laws and rules are in conflict.

(b) When the rules are in conflict each state's rules must be obeyed in that state's portion of the boundary waters or islands.

(c) Wildlife agents and other law enforcement officers shall honor valid licenses, tags, permits, and permit cards issued by the Oregon department of fish and wildlife and the privilege of the holder  to take wildlife from the boundary waters and islands of the Columbia river.

(d) Washington residents are not authorized to take or attempt to take wildlife under the authority of an Oregon license on the boundary waters or islands.

(5) The provisions of this section shall be effective only to the extent that the state of Oregon recognizes concurrent jurisdiction of the state of Washington and grants similar privileges to Washington residents on the boundary waters and islands of the Columbia river.

        Sec. 10.  RCW 77.16.020 and 1987 c 506 s 59 are each amended to read as follows:

          (((1) It is unlawful to hunt, fish, possess, or control a species of game bird, game animal, or game fish during the closed season for that species except as provided in RCW 77.12.105.

          (2) It is unlawful to kill, take, catch, possess, or control these species in excess of the number fixed as the bag limit for each species.

          (3) It is unlawful to hunt within a game reserve or to fish for game fish within closed waters.

          (4) It is unlawful to hunt wild birds or wild animals within  a closed area except as authorized by rule of the commission.

          (5) It is unlawful to hunt or fish for wildlife, practice taxidermy for profit, deal in raw furs for profit, act as a fishing guide, or operate a game farm, stock game fish, or collect wildlife for research or display, without having in possession the license, permit, tag, stamp, or punchcard required by chapter 77.32 RCW or rule of the department.  The activities described in this subsection shall be conducted in accordance with rules adopted pursuant to this title)) A person is guilty of unlawful hunting, trapping, or taking wildlife in the first degree when he or she:

(1) Hunts, traps, or takes a big game animal; and

(2) Either;

(a) Does not have a valid license and/or tag, permit, stamp, catch record card, or combination thereof, for that species or subspecies or;

(b) Is in violation of any rule of the department; or

(c) Exceeds the bag limit for that species or subspecies as set by rule of the department; or

(d) It is during the closed season for that species or subspecies; or

(3) Has a prior big game conviction within five years of the date of the violation.

A person convicted under this section is guilty of a class C felony.

NEW SECTION. Sec. 11.  A new section is added to chapter 77.16 RCW to read as follows:

          A person is guilty of unlawful hunting, fishing, or taking a species of wildlife in the second degree when he or she:

          (1) Hunts, traps, fishes, or takes a big game animal or steelhead trout; and

          (2)(a) Does not have a valid license and/or tag, permit, stamp, catch record card, or combination thereof, for that species or subspecies; or

          (b) Is in violation of any rule of the department; or

          (c) Exceeds the bag limit for that species or subspecies as set by rule of the department.

          A person convicted under this section is guilty of a gross misdemeanor.

NEW SECTION. Sec. 12.  A new section is added to chapter 77.16 RCW to read as follows:

          A person is guilty of unlawful hunting, fishing, trapping, or taking a species of wildlife in the third degree when:

          (1) He or she hunts, traps, fishes, or takes a species of wildlife; and

          (2)(a) Does not have a valid license and/or tag, permit, stamp, catch record card, or combination thereof, for that species or subspecies; or

          (b) Is in violation of any rule of the department; or

          (c) Exceeds the bag limit of that species or subspecies as set by rule of the department.

          A person convicted under this section is guilty of a misdemeanor.

NEW SECTION. Sec. 13.  A new section is added to chapter 77.16 RCW to read as follows:

          A person is guilty of unlawful possession of wildlife in the first degree if he or she possesses, transports, or controls a species or subspecies of wildlife defined as big game in violation of any rule of the department or the wildlife was unlawfully hunted, taken, or trapped, and he or she has a prior conviction involving big game within five years of the date of violation.  A person convicted under this section is guilty of a class C felony.

NEW SECTION. Sec. 14.  A new section is added to chapter 77.16 RCW to read as follows:

          A person is guilty of unlawful possession of wildlife in the second degree if he or she possesses, transports, or controls a species or subspecies of wildlife defined as big game in violation of any rule of the department or the wildlife was unlawfully hunted, taken, trapped, or fished.  A person convicted of violating this section is guilty of a gross misdemeanor.

NEW SECTION. Sec. 15.  A new section is added to chapter 77.16 RCW to read as follows:

          A person is guilty of unlawful possession of wildlife in the third degree if he or she possesses, transports, or controls a species or subspecies of wildlife in violation of any rule of the department or the wildlife was unlawfully hunted, taken, trapped, or fished.  A person convicted of violating this section is guilty of a misdemeanor.

NEW SECTION. Sec. 16.  A new section is added to chapter 77.16 RCW to read as follows:

          It is unlawful to practice taxidermy for another with any type of compensation whether or not a profit is made, without a valid taxidermist license in possession, or in violation of any rule of the department pertaining to the practice of taxidermy.  A person convicted of violating this section is guilty of a gross misdemeanor.

          Nothing in this section shall be construed as to prevent the prosecution of anyone for unlawful possession of wildlife.

NEW SECTION. Sec. 17.  A new section is added to chapter 77.16 RCW to read as follows:

          It is unlawful to engage in fur dealing without a valid fur dealer's license on           person or in violation of any rule of the department pertaining to fur dealing.

NEW SECTION. Sec. 18.  A new section is added to chapter 77.16 RCW to read as follows:

          It is unlawful to operate a game farm without a valid game farm license in possession or in violation of any rule of the department pertaining to operating a game farm.

NEW SECTION. Sec. 19.  A new section is added to chapter 77.16 RCW to read as follows:

          It is unlawful to stock game fish without a valid game fish stocking permit in possession or in violation of any rule of the department pertaining to the stocking of game fish.

NEW SECTION. Sec. 20.  A new section is added to chapter 77.16 RCW to read as follows:

          It is unlawful to offer to perform or perform the services of a professional fishing guide without a valid fishing guide license in possession or in violation of any rule of the department as it pertains to fishing guides.

NEW SECTION. Sec. 21.  A new section is added to chapter 77.16 RCW to read as follows:

          It is unlawful to collect wildlife for research or public display without a valid scientific collection permit in possession or in violation of any rule of the department pertaining to collecting wildlife for research or public display.

NEW SECTION. Sec. 22.  A new section is added to chapter 77.16 RCW to read as follows:

          It is unlawful for an original receiver to engage in the business of dealing in anadromous game fish without a valid anadromous game fish dealer's license in his or her possession.  Violation of this section is a gross misdemeanor.

        Sec. 23.  RCW 77.16.040 and 1987 c 506 s 60 are each amended to read as follows:

          ((Except as authorized by law or rule, it is unlawful to bring into this state, offer for sale, sell, possess, exchange, buy, transport, or ship wildlife or articles made from an endangered species.  It is unlawful for a common or contract carrier knowingly to ship or receive for shipment wildlife or articles made from an endangered species)) A  person commits the crime of trafficking in wildlife in the first degree when:

(1) He or she purchases, sells, offers for sale, possesses with intent to sell, or exchanges for any valuable consideration, any wildlife; and

(2) The act was not permitted by law or rule of the department; and

(3)(a) The wildlife has a wholesale value of more than two hundred fifty dollars; or

(b) The wildlife is an endangered species.

For purposes of this section, it is prima facie evidence of the value of the wildlife of either the actual wholesale market price of the wildlife or by value assigned to specific wildlife by the wildlife commission by rule of the department after a fact-finding hearing.  Trafficking in wildlife in the first degree is a class C felony.

NEW SECTION. Sec. 24.  A new section is added to chapter 77.16 RCW to read as follows:

          A person commits the crime of trafficking in wildlife in the second degree when:

          (1) He or she purchases, sells, offers for sale, possesses with intent to sell, or exchanges for any valuable consideration, any wildlife and the act was not permitted by law or rule of the department;

          (2) He or she brings into this state or transports within this state or transports from this state any wildlife in violation of law or rule of the department; or

          (3) When a common carrier or contract carrier ships or receives wildlife for shipment in violation of law or rule of the department and the common carrier or contract carrier knew or should have known that the shipment contained wildlife or articles made from an endangered species.

          Trafficking in wildlife in the second degree is a gross misdemeanor.

NEW SECTION. Sec. 25.  A new section is added to chapter 77.16 RCW to read as follows:

          (1) It shall be an affirmative defense to a prosecution for trafficking in anadromous game fish if the anadromous game fish was caught by:

          (a) A member of an Indian tribe that has treaty Indian fishing rights to take anadromous game fish; and

          (b) The member took the anadromous game fish from his or her tribe's usual and accustomed fishing area as that term is used in Indian treaty fishing rights.

          The defendant has the burden of proving this affirmative defense by a preponderance of the evidence.

          (2) It shall be an affirmative defense to a prosecution for purchasing anadromous game fish if the purchaser:

          (a) Complied with all laws that require reporting of the catch, sale, or purchase of anadromous game fish; and

          (b) Reasonably believed that the seller had complied with all laws that require reporting of the catch, sale, or purchase of anadromous game fish; and

          (c) Reasonably believed that the anadromous game fish were caught by a member of an Indian tribe pursuant to treaty Indian fishing rights from a place subject to the treaty Indian fishing rights.

          The defendant has the burden of proving this affirmative defense by a preponderance of the evidence.

NEW SECTION. Sec. 26.  A new section is added to chapter 77.16 RCW to read as follows:

          It is unlawful to use department lands or facilities without having a valid license or permit on possession issued by the director authorizing the use of such lands or facilities or in violation of any rule of the department.

NEW SECTION. Sec. 27.  A new section is added to chapter 77.16 RCW to read as follows:

          It is unlawful to own or operate a wildlife locker plant without a valid permit issued by the department in possession or in violation of any rule of the department.  Violation of this section is a gross misdemeanor.

        Sec. 28.  RCW 77.16.050 and 1980 c 78 s 73 are each amended to read as follows:

          ((It is unlawful to hunt big game with a spotlight or other artificial light.  It is prima facie evidence of a violation of this section to be found with a spotlight or other artificial light and with a firearm, bow and arrow, or crossbow, after sunset, in a place where big game may reasonably be expected)) (1) A person is guilty of spotlighting wildlife in the first degree if he or she hunts big game, or other wildlife classified under this title, with the aid of a spotlight or other artificial light unless expressly authorized by law or rule of the department or a permit issued by the director, and the person has a prior conviction involving big game within the previous five years.

(2) It is prima facie evidence of a violation of this section to be found with a spotlight or other artificial light and with a firearm or other weapon after sunset, in an area where big game or other classified wildlife may reasonably be expected.

(3) A person violating this section is guilty of a class C felony.

NEW SECTION. Sec. 29.  A new section is added to chapter 77.16 RCW to read as follows:

          (1) It is unlawful to hunt big game or other wildlife classified under this title with the aid of a spotlight or other artificial light unless expressly authorized by law or by rule of the department or a permit issued by the director.

          (2) It is prima facie evidence of a violation of this section to be found with a spotlight or other artificial light and with a firearm or other weapon after sunset, in an area where big game or other classified wildlife may reasonably be expected.

          (3) A person violating this section is guilty of a gross misdemeanor.

        Sec. 30.  RCW 77.16.060 and 1987 c 506 s 61 are each amended to read as follows:

          ((It is unlawful to lay, set, or use a net or other device capable of taking game fish in the waters of this state except as authorized by the commission or director of fisheries.  Game fish taken incidental to a lawful season established by the director of fisheries shall be returned immediately to the water.

          A landing net may be used to land fish otherwise legally hooked)) A person is guilty of unlawful use of nets if he or she lays, sets, uses, or controls a net, set line, or other device or equipment capable of taking wildlife or game fish from or on the waters of this state except as expressly authorized by law, rule of the commission, or director of fisheries and he or she has a prior violation of this section or one involving big game or steelhead under this title, or  he or she acts with intent to commercially harvest game fish.  Violation of this section is a class C felony.  It shall be prima facie evidence of intent to commercially harvest game fish if the net, set line, or other device is used without any legal authority by the department of fisheries of the United States government, or that any game fish is concealed in such a manner as to avoid detection by any law enforcement officer.

NEW SECTION. Sec. 31.  A new section is added to chapter 77.16 RCW to read as follows:

          A person is guilty of unlawful use of nets in the second degree if he or she lays, sets, uses, or controls a net, set line, or other device or equipment capable of taking wildlife or game fish from or on the waters of this state and except as expressly authorized by law, rule of the commission, or director of fisheries, or negligently fails to return to the water any game fish caught by mistake in a lawfully set device.  Violation of this section is a gross misdemeanor.

NEW SECTION. Sec. 32.  A new section is added to chapter 77.16 RCW to read as follows:

          It shall be an affirmative defense to violations of either RCW 77.16.060 or section 31 of this act if the person using the net is exercising treaty Indian fishing rights in his or her usual and accustomed areas and he or she is in compliance with the applicable tribal regulations.

        Sec. 33.  RCW 77.16.090 and 1980 c 78 s 77 are each amended to read as follows:

          It is unlawful for a person ((who kills or possesses)) taking or possessing game animals, game birds, or game fish to cause or negligently allow them to ((needlessly)) go to waste except as expressly authorized by law, rule of the department, or by a permit issued by the director.

        Sec. 34.  RCW 77.16.095 and 1987 c 506 s 63 are each amended to read as follows:

          ((It is unlawful to mutilate wildlife so that the size, species, or sex cannot be determined visually in the field or while being transported.  The director may prescribe specific criteria for field identification to satisfy this section)) A person commits the crime of mutilation of wildlife in the first degree if he or she mutilates wildlife so that the size, sex, or species cannot be determined visually in the field or while being transported, the wildlife is a big game animal, and the act is committed with intent to conceal an illegal kill or possession.  A person convicted of violating this section is guilty of a gross misdemeanor.

NEW SECTION. Sec. 35.  A new section is added to chapter 77.16 RCW to read as follows:

          A person commits the offense of mutilation of wildlife in the second degree if he or she mutilates wildlife so that the size, sex, or species cannot be determined visually in the field or while being transported or possesses wildlife in the field or while being transported when the size, sex, or species cannot be visually determined.

          A person convicted of violating this section shall be guilty of a misdemeanor.

          The director may prescribe specific criteria for field identification to satisfy this section.

        Sec. 36.  RCW 77.16.100 and 1980 c 78 s 79 are each amended to read as follows:

(1) It is unlawful for the owner of a dog or a person harboring or otherwise in control of a dog to ((directly or negligently permit)) cause or allow the dog to pursue or injure ((deer or elk or to accompany a person who is hunting deer or elk.

          During the closed season for a species of game animal or game bird, a dog found pursuing that species, molesting its young, or destroying the nest of a game bird may be declared a public nuisance)) any species of wildlife unless expressly authorized by law, rule of the department, or by a permit issued by the director.

(2) It is unlawful to hunt deer or elk accompanied by or with the aid of a dog.

(3) It is unlawful for the owner of a hunting dog or a person harboring or otherwise in control of a hunting dog to cause or allow the dog to roam at large in nesting or brooding areas of wildlife from April 1 through July 31.

(4) Except for an open season for a particular species of wildlife which allows the use of hunting dogs, any dog found in the act of pursuing any species, molesting the young, or destroying nests or eggs, may be declared a public nuisance, and any wildlife officer, or other law enforcement officer may destroy any dog found pursuing wildlife, molesting the young of wildlife, or destroying the nests or eggs of wildlife, by any humane method.  Neither the department nor the officer is civilly liable unless the officer acts negligently.

        Sec. 37.  RCW 77.16.110 and 1987 c 506 s 64 are each amended to read as follows:

          ((It is unlawful to carry firearms, other hunting weapons, or traps or to allow directly or negligently a dog upon a game reserve, except on public highways or as authorized by rule of the director)) It is unlawful to possess a firearm, other hunting weapon, or trapping equipment upon or to cause or allow a dog upon a wildlife reserve, except within the right of way of a public highway or as authorized by rule of the director.

        Sec. 38.  RCW 77.16.120 and 1980 c 78 s 81 are each amended to read as follows:

          ((Except as authorized by rule of the commission, it is unlawful to hunt, fish for, possess, or control protected wildlife, or endangered species or to destroy or possess the nests or eggs of game birds or protected wildlife)) A person commits the crime of criminal taking of endangered wildlife in the first degree when:

(1) He or she intentionally kills, injures, traps, catches, causes the death of, or harasses wildlife and the wildlife is an endangered species or protected wildlife; or

(2) He or she commits criminal taking of wildlife in the second degree and has been convicted of criminal taking of wildlife in the first or second degree anytime during the previous five years.

Criminal taking of endangered wildlife in the first degree is a class C felony.

NEW SECTION. Sec. 39.  A new section is added to chapter 77.16 RCW to read as follows:

          A person commits the crime of criminal taking of endangered wildlife in the second degree when:

          (1) He or she hunts for, fishes for, possesses, or controls wildlife that is an endangered species or protected wildlife; or

          (2) He or she destroys or possesses the nests or eggs of game birds.

          Criminal taking of endangered wildlife in the second degree is a gross misdemeanor and shall be prosecuted and punished under RCW 9A.20.020.

        Sec. 40.  RCW 77.16.150 and 1987 c 506 s 66 are each amended to read as follows:

          ((Except as authorized by the director, consistent with criteria established by the commission,)) It is unlawful to release wildlife or to plant aquatic plants or their seeds within the state except as expressly authorized by law or by a permit issued by the director.  Violation of this section is a gross misdemeanor.  In addition, upon conviction, the sentencing court shall order restitution for the reasonable costs to any state agency to repair the damage the release caused.

        Sec. 41.  RCW 77.16.190 and 1980 c 78 s 87 are each amended to read as follows:

          ((It is unlawful for a person to wilfully post signs or warn against or otherwise prevent hunting or fishing on any land not owned or leased by that person)) It is unlawful for a person to willfully post signs, warn against, or otherwise prevent a person from hunting or fishing on any land not owned or leased by that person and when not acting in the capacity of an authorized agent of the owner or lessee.

        Sec. 42.  RCW 77.16.250 and 1989 c 297 s 5 are each amended to read as follows:

          ((Except as provided in RCW 77.16.290 and 77.32.238,)) (1) It is unlawful to carry, transport, ((convey,)) possess, or control in or on a motor vehicle a shotgun or rifle containing shells or cartridges in the magazine or chamber, or a muzzle-loading firearm loaded and capped or primed except as expressly authorized by law or by a permit issued by the director.

(2) It is unlawful to carry, possess, transport, or control in or on a motor vehicle, any bow with the arrow nocked ready for discharge.

        Sec. 43.  RCW 77.16.260 and 1980 c 78 s 94 are each amended to read as follows:

          ((Except as provided in RCW 77.16.290, it is unlawful to shoot a firearm from, across, or along the maintained portion of a public highway)) (1) It is unlawful to shoot or discharge a firearm, or any bow and arrow from, across, or along a public highway except as expressly authorized by law or by rule of the department.

(2) For the purpose of this section the term "public highway" shall mean the entire width between the boundary lines of every way publicly maintained by public funds.

        Sec. 44.  RCW 77.16.310 and 1981 c 310 s 4 are each amended to read as follows:

          ((It is unlawful to purchase, obtain, or possess or to attempt to purchase or obtain a license, permit, or tag required by this title:

          (1) By using false information; or

          (2) After notice of the revocation or forfeiture of an existing license, permit, or tag, except that a person may purchase a license that does not grant the privilege that was revoked; or

          (3) In excess of one license, permit, tag, stamp, or punchcard for a license year except as authorized by RCW 77.32.256 or other law or rule of the commission)) (1) It is unlawful to purchase, obtain, display, or possess, or to attempt to obtain a license, permit, tag, stamp, or catch record card required by this title or rule of the department:

(a) Containing materially false information relating to age, identity, address, or residency status; or

(b) In excess of one license, permit, tag, stamp, or catch record card per license year except as expressly authorized by department rule; or

(c) With notice of the revocation, forfeiture, or suspension of an existing license, permit, tag, stamp, or catch record card, or the privilege to engage in activities authorized by chapter 77.32 RCW.

(d) A person may purchase a license for a privilege that has not been revoked, forfeited, or suspended.

(e) Notice as provided in (c) of this subsection shall be deemed to have been given when the notice of revocation is sent certified mail to the last known address of record, as reflected in the records of the department or the department of licensing.

(2) It is unlawful for a person to transfer, sell, barter, trade, or solicit the purchase or sale of a license, permit, tag, stamp, or catch record card except as expressly provided by department rule.

(3) It is unlawful for a person to display or possess another person's license, permit, stamp, tag, or catch record card for the purpose of representing it as their own.

(4) It is unlawful for a person to engage in conduct or activities authorized by this title or department rule during a period of revocation, forfeiture, or suspension as provided for in this title or by court order.

(5) Licenses, permits, tags, stamps, or catch record cards possessed, obtained, displayed, or transferred in violation of this title or rule of the director remain the property of the state and are null and void and of no effect.

(6) Persons obtaining, possessing, displaying, or transferring licenses, permits, stamps, tags, or catch record cards in violation of this title or rule of the director are not entitled to a refund of fees paid.

(7) It is unlawful for an ineligible person to willfully submit an application for a license, permit, tag, stamp, or catch record card.

(8) It is unlawful for a person to display or possess a license, permit, tag, stamp, or catch record card that is altered other than in a manner authorized by this title or rule of the director.

(9) It is unlawful for a person to fail to submit to the department within ten days after the effective date of the forfeiture, revocation, or suspension; a license, permit, tag, stamp, or catch record card which has been forfeited, revoked, or suspended as provided by law or rule of the department.

NEW SECTION. Sec. 45.  A new section is added to chapter 77.16 RCW to read as follows:

          (1) It is unlawful to snag, gaff, or spear for, attempt to take  or possess game fish taken by such means except as expressly authorized by law or rule of the department.

          (2) It is unlawful to take or attempt to take or possess game fish by means of a firearm, bow and arrow, or crossbow.

NEW SECTION. Sec. 46.  A new section is added to chapter 77.16 RCW to read as follows:

          (1) It is unlawful for a person to fail to submit a required treaty Indian fish receiving ticket to the department in a manner and within the time frame established by law, rule of the director, or a permit issued by the director.  Nothing in this section shall be construed as to require any person to violate his or her rights under the Constitutions of the United States or the state of Washington.

          (2) It is unlawful for a person to submit a report required by the department that is falsified.

        Sec. 47.  RCW 77.21.010 and 1988 c 265 s 3 are each amended to read as follows:

          (1) ((A person violating RCW 77.16.040, 77.16.050, 77.16.060, 77.16.080, 77.16.210, 77.16.220, 77.16.310, 77.16.320, or 77.32.211, or committing a violation of RCW 77.16.020 or 77.16.120 involving 77.16.210, 77.16.220, 77.16.310, 77.16.320, 77.16.340, or 77.32.211, or committing a violation of RCW 77.16.020 or 77.16.120 involving big game or an endangered species is guilty of a gross misdemeanor and shall be punished by a fine of not less than two hundred fifty dollars and not more than one thousand dollars or by imprisonment in the county jail for not less than thirty days and not more than one year or by both the fine and imprisonment.  Each subsequent violation within a five-year period of RCW 77.16.040, 77.16.050, or 77.16.060, or of RCW 77.16.020 or 77.16.120 involving big game or an endangered species, as defined by the commission under the authority of RCW 77.04.090, shall be prosecuted and punished as a class C felony as defined in RCW 9A.20.020.)) Failure to submit funds to the department that are derived from the sale of licenses, permits, tags, stamps, or catch record cards by an authorized license dealer within the time and in the manner required by the director constitutes theft as defined in chapter 9A.56 RCW.

(2)  In connection with ((each such)) any felony prosecution under this title, the director shall provide the court with an inventory of ((all)) articles ((or devices)) seized ((under this title in connection with the violation.  Inventoried articles or devices shall be disposed of pursuant to RCW 77.21.040)) and the court shall forfeit the articles as provided in RCW 77.12.101.

          (((2))) (3)(a) A person violating or failing to comply with this title or rules ((adopted pursuant to this title for which no penalty is otherwise provided is guilty of a misdemeanor and shall be punished for each offense by a fine of five hundred dollars or by imprisonment for not more than ninety days in the county jail or by both the fine and imprisonment)) of the department for which no penalty is otherwise provided is guilty of a misdemeanor.

(b) The commission may provide, when not inconsistent with applicable statutes, that violation of a specific rule of the department is an infraction under chapter 7.84 RCW.

          (((3) A person placing traps on private property without permission of the owner, lessee, or tenant where the land is improved and apparently used, or where the land is fenced or enclosed in a manner designed to exclude intruders or to indicate a property boundary line, or where notice is given by posting in a conspicuous manner, is guilty of the misdemeanor of trespass as defined and established in RCW 9A.52.010 and 9A.52.080 and shall be punished for each offense by a fine of not less than two hundred fifty dollars)) (4) The term "convicted" as used in this title or rule of the department means a plea of guilty, a finding of guilt or the imposition of a fine, an unvacated forfeiture of bail or collateral deposited to secure the defendant's appearance, a determination that an infraction has been committed,  regardless of whether the imposition of a sentence, monetary penalty, or fine is deferred or suspended in whole or in part.  A person has been convicted under the provisions of this title or rules of the department at such time as any of the provisions of this section are entered in the court records regarding the violations notwithstanding the pendency of any future proceedings including but not limited to sentencing, posttrial motions, and appeals.

          (((4))) (5) Persons convicted of a violation shall pay the costs of prosecution and ((the)) any penalty assessment in addition to ((the)) any fine or imprisonment.

          (((5))) (6) The unlawful ((killing,)) taking, killing, or possession of each wildlife member constitutes a separate offense.

          (((6))) (7) District courts have ((jurisdiction)) concurrent jurisdiction with the superior courts ((of misdemeanors and gross misdemeanors committed in)) over violation of this title ((or)) and rules ((adopted pursuant to this title)) of the department and may impose ((the)) punishment provided for these offenses consistent with Title 3 RCW.

(8) Superior courts have jurisdiction over felonies committed in violation of this title.

        Sec. 48.  RCW 77.21.020 and 1987 c 506 s 70 are each amended to read as follows:

          ((In addition to other penalties provided by law, the director shall revoke the hunting license of a person who is convicted of a violation of RCW 77.16.020 involving big game or RCW 77.16.050.  Forfeiture of bail twice during a five-year period for these violations constitutes the basis for a revocation under this section.

          A hunting license shall not be issued to the person for two years from the revocation.

          A person who has had a license revoked or has been denied issuance pursuant to this section or RCW 77.21.030, may appeal the decision as provided in chapter 34.05 RCW)) (1) In addition to other penalties provided by law, the director may revoke the license of a person convicted of a violation of this title. The director shall revoke the  license of a person who is convicted of a gross misdemeanor or felony under this title.

(2) Any license, issued under the authority of this title, shall not be issued to the person for two years from the revocation.

(3) A person revoked under this section shall not be issued another license, permit, tag, stamp, or catch record card for any activity described in chapter 77.32 RCW until those privileges are restored by the director.  The director shall base his or her judgment on whether to restore the privileges under chapter 77.32 RCW on whether the violator has reformed and may take into consideration the violator's criminal record, seriousness of the offense, and facts pertaining to the original charge and may impose requirements such as hunter safety classes and alcohol treatment as a condition precedent to restoration of the license.  In situations where the director has discretion to revoke a license, that discretion shall be based on the same criteria.

        Sec. 49.  RCW 77.21.030 and 1987 c 506 s 71 are each amended to read as follows:

          The director shall revoke the hunting license of a person who shoots another person or domestic ((livestock)) animal while hunting.  A hunting license shall not be issued to that person unless the director authorizes the issuance of a license, only after three years have passed and only then, after determining that the shooting was accidental and that the person has taken steps, including but not limited to a hunter's safety course, and that damages caused by the wrongful shooting have been paid.

NEW SECTION. Sec. 50.  A new section is added to chapter 77.21 RCW to read as follows:

          (1) An offense committed under this title shall be prosecuted in the county where committed.

          (2) An offense under this title committed on a body of water that constitutes the boundary between two or more counties may be charged or prosecuted in any county where the body of water constitutes the boundary.

          (3) A reporting offense under this title may be charged or prosecuted in the county of residence of the defendant or in Thurston county.

          (4) Game fish violations in the Columbia river or any of its tributaries may be charged and prosecuted in either Washington or Oregon provided that the violation occurs in the water or immediately adjacent to the water and the state of Oregon has a comparable provision in its law.

NEW SECTION. Sec. 51.  A new section is added to chapter 77.21 RCW to read as follows:

          (1) In addition to the other penalties imposed under this title, any person unlawfully trafficking in game fish shall pay a civil penalty of fifteen dollars per pound of game fish involved in the illegal transaction.  Moneys collected under this section shall be paid to the department of wildlife enforcement division.

          (2) In the event that it is shown that the game fish were sold for an amount greater than fifteen dollars a pound, the civil penalty will be twice that of the amount per pound the game fish was sold for.

        Sec. 52.  RCW 77.32.010 and 1987 c 506 s 76 are each amended to read as follows:

          (1) Except as otherwise provided in this chapter, a license issued by the director is required to:

          (a) Hunt for wild animals or wild birds ((or fish for game fish));

          (b) Practice taxidermy for ((profit)) another;

          (c) Deal in raw furs ((for profit)); or

          (d) ((Act as a fishing guide;

          (e))) Operate a game farm((;

          (f) Purchase or sell anadromous game fish; or

          (g) Use department-managed lands or facilities as provided by rules adopted pursuant to this title)).

          (2) Except as otherwise provided in this chapter, a license issued by the director is required to:

(a) Fish in the fresh waters of the state or fish for anadromous game fish in the marine waters of the state;

(b) Stock fish in the fresh waters of the state except when being stocked under the authority of the director of fisheries;

(c) Deal in anadromous game fish or roe; or

(d) Act as a fishing guide.

(3) Except as otherwise provided in this chapter, a license or permit issued by the director is required to use department-managed lands or facilities.

(4) A permit issued by the director is required to:

          (a) Conduct, hold, or sponsor hunting or fishing contests or competitive field trials using live wildlife;

          (b) Collect ((wild animals, wild birds, game fish, or protected)) wildlife, their eggs, or nests for research or display; or

          (c) Stock game fish.

          (((3))) (5) Aquaculture as defined in RCW 15.85.020 is exempt from the requirements of this section, except when game fish are being stocked in public waters under contract with the department.

(6) It is lawful for a person to fish in fresh water areas for food fish classified by the director of fisheries under Title 75 RCW if that person has in possession a valid food fish license issued by the director of fisheries and is in compliance with Title 75 RCW and rules of the director adopted under Title 75 RCW.

        Sec. 53.  RCW 77.32.211 and 1991 sp.s. c 7 s 4 are each amended to read as follows:

          (1)(a) A ((taxidermy license allows the holder to practice taxidermy for profit)) taxidermist business license is required to practice taxidermy for another.  The fee for this license is one hundred ((eighty)) fifty dollars.

(b) An associate taxidermist license is required to practice  taxidermy for another as an associate, apprentice, or employee of a licensed taxidermist.  The fee for this license is five dollars.  This license does not permit the holder to operate a separate taxidermy business associated with the holder of a taxidermist business license.  This license only allows the holder to work with the taxidermist at his or her place of business.

          (2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs ((for profit)).  The fee for this license is one hundred ((eighty)) fifty dollars.

          (3) A fishing guide license allows the holder to offer ((or)) to perform or perform the services of a professional guide in the taking of game fish.  The fee for this license is one hundred ((eighty)) fifty dollars for a resident and ((six)) five hundred dollars for a nonresident.

          (4) A game farm license allows the holder to operate a game farm to acquire, breed, grow, keep, and sell wildlife under conditions prescribed by the rules adopted pursuant to this title.  The fee for this license is ((seventy-two)) sixty dollars for the first year and forty((-eight)) dollars for each following year.

          (5) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the commission.  The fee for this permit is twenty((-four)) dollars.

          (6) ((A fishing or field trial permit allows the holder to promote, conduct, hold, or sponsor a fishing or field trial contest in accordance with rules of the commission.  The fee for a fishing contest permit is twenty-four dollars.  The fee for a field trial contest permit is twenty-four dollars)) A hunting, fishing, or field trial permit allows the holder to promote, conduct, hold, or sponsor a hunting, fishing, or field trial contest in accordance with rules of the commission.  The fee for this permit is twenty dollars.

          (7) An anadromous game fish ((buyer's)) dealer's license allows the holder to be an original receiver in the purchase or ((sell)) sale of steelhead trout and other anadromous game fish harvested by Indian fishermen lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director.  The fee for this license is one hundred ((eighty)) fifty dollars.

        Sec. 54.  RCW 77.32.350 and 1992 c 41 s 1 are each amended to read as follows:

          ((In addition to a basic hunting license, a supplemental license, permit, or stamp is required to hunt for quail, partridge, pheasant, or migratory waterfowl, to hunt with a raptor, or to hunt wild animals with a dog.

          (1) A hound permit is required to hunt wild animals, except rabbits and hares, with a dog.  The fee for this permit is twelve dollars.

          (2) An eastern Washington upland game bird permit is required to hunt for quail, partridge, and pheasant in eastern Washington.  The fee for this permit is ten dollars.

          (3) A western Washington upland game bird permit is required to hunt for quail, partridge, and pheasant in western Washington.  The fee for this permit is thirty-five dollars.  Western Washington upland game bird permits must contain numbered spaces for recording the location and date of harvest of each western Washington pheasant.  It is unlawful to harvest a western Washington pheasant without immediately recording this information on the permit.

          (4) Effective January 1, 1993, the permit shall be available as a season option, a juvenile full season option, or a two-day option.  The fee for this permit is:

          (a) For the full season option, thirty-five dollars;

          (b) For the juvenile full season or the two-day option, twenty dollars.

          For the purposes of this subsection a juvenile is defined as a person under fifteen years of age upon the opening date of the western Washington pheasant season.

          (5) Western Washington upland game permits are valid for the following number of pheasants and harvesting pheasants in excess of these numbers requires another permit:

          (a) A full season permit is valid for no more than ten pheasants;

          (b) A juvenile full season permit is valid for no more than six pheasants;

          (c) A two-day permit is valid for no more than four pheasants.

          (6) A falconry license is required to possess or hunt with a raptor, including seasons established exclusively for hunting in that manner.  The fee for this license is thirty-six dollars.

          (7) A migratory waterfowl stamp affixed to a basic hunting license is required for all persons sixteen years of age or older to hunt migratory waterfowl.  The fee for the stamp is six dollars.

          (8) The migratory waterfowl stamp shall be validated by the signature of the licensee written across the face of the stamp.

          (9) The migratory waterfowl stamps required by this section expire on March 31st following the date of issuance)) (1) A hound stamp is required to hunt wild animals with a dog.  The fee for this stamp is ten dollars.

(2) An upland game bird stamp is required to hunt for quail, partridge, and pheasant in areas designated by rule of the commission.  The fee for this stamp is eight dollars.

(3) A falconry license is required to possess or hunt with a raptor, including seasons established exclusively for hunting in that manner.  The fee for this license is thirty dollars.

(4) To be valid, stamps required under this section shall be permanently affixed to the licensee's appropriate hunting or fishing license.

(5) A migratory waterfowl stamp is required for all persons sixteen years of age or older to hunt migratory waterfowl.  The fee for the stamp is five dollars.

(6) The migratory waterfowl stamp shall be validated by the signature of the licensee written across the face of the stamp.

(7) Stamps required by this section expire on March 31st following the date of issuance except for hound stamps, which expire December 31st following the date of issuance.

NEW SECTION. Sec. 55.  A new section is added to chapter 75.10 RCW to read as follows:

          (1) In addition to the other penalties imposed under this title, any person unlawfully trafficking in food fish or shellfish shall pay a civil penalty of fifteen dollars per pound of food fish or shellfish involved in the illegal transaction.  Moneys collected under this section shall be paid to the department of fisheries patrol division.

          (2) In the event that it is shown that the food fish or shellfish were sold for an amount greater than fifteen dollars a pound, the civil penalty will be twice that of the amount per pound the food fish or shellfish was sold for.

        Sec. 56.  RCW 9A.82.010 and 1992 c 145 s 13 and 1992 c 210 s 6 are each reenacted and amended to read as follows:

          Unless the context requires the contrary, the definitions in this section apply throughout this chapter.

          (1) "Creditor" means a person making an extension of credit or a person claiming by, under, or through a person making an extension of credit.

          (2) "Debtor" means a person to whom an extension of credit is made or a person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a person to whom an extension is made to repay the same.

          (3) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of the creditor and the debtor at the time the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.

          (4) "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.

          (5) "To collect an extension of credit" means to induce in any way a person to make repayment thereof.

          (6) "To extend credit" means to make or renew a loan or to enter into an agreement, tacit or express, whereby the repayment or satisfaction of a debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.

          (7) "Repayment of an extension of credit" means the repayment, satisfaction, or discharge in whole or in part of a debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

          (8) "Dealer in property" means a person who buys and sells property as a business.

          (9) "Stolen property" means property that has been obtained by theft, robbery, or extortion.

          (10) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another person.

          (11) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.

          (12) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit or nonprofit legal entity, and includes any union, association, or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.

          (13) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.

          (14) "Criminal profiteering" means any act, including any anticipatory or completed offense, committed for financial gain, that is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, would be chargeable or indictable under the laws of this state had the act occurred in this state and punishable as a felony and by imprisonment for more than one year, or is one of the listed crimes in this section, regardless of whether the act is charged or indicted, as any of the following:

          (a) Murder, as defined in RCW 9A.32.030 and 9A.32.050;

          (b) Robbery, as defined in RCW 9A.56.200 and 9A.56.210;

          (c) Kidnapping, as defined in RCW 9A.40.020 and 9A.40.030;

          (d) Forgery, as defined in RCW 9A.60.020 and 9A.60.030;

          (e) Theft, as defined in RCW 9A.56.030, 9A.56.040, 9A.56.060, and 9A.56.080;

          (f) Child selling or child buying, as defined in RCW 9A.64.030;

          (g) Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;

          (h) Gambling, as defined in RCW 9.46.220 and 9.46.230;

          (i) Extortion, as defined in RCW 9A.56.120 and 9A.56.130;

          (j) Extortionate extension of credit, as defined in RCW 9A.82.020;

          (k) Advancing money for use in an extortionate extension of credit, as defined in RCW 9A.82.030;

          (l) Collection of an extortionate extension of credit, as defined in RCW 9A.82.040;

          (m) Collection of an unlawful debt, as defined in RCW 9A.82.045;

          (n) Delivery or manufacture of controlled substances or possession with intent to deliver or manufacture controlled substances under chapter 69.50 RCW;

          (o) Trafficking in stolen property, as defined in RCW 9A.82.050;

          (p) Leading organized crime, as defined in RCW 9A.82.060;

          (q) Money laundering, as defined in RCW 9A.83.020;

          (r) Obstructing criminal investigations or prosecutions in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110, 9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;

          (s) Fraud in the purchase or sale of securities, as defined in RCW 21.20.010;

          (t) Promoting pornography, as defined in RCW 9.68.140;

          (u) Sexual exploitation of children, as defined in RCW 9.68A.040, 9.68A.050, and 9.68A.060;

          (v) Promoting prostitution, as defined in RCW 9A.88.070 and 9A.88.080;

          (w) Arson, as defined in RCW 9A.48.020 and 9A.48.030;

          (x) Assault, as defined in RCW 9A.36.011 and 9A.36.021;

          (y) Assault of a child, as defined in RCW 9A.36.120 and 9A.36.130;

          (z) A pattern of equity skimming, as defined in RCW 61.34.020; ((or))

          (aa) Commercial telephone solicitation in violation of RCW 19.158.040(1); or

(bb)(i) Any violation of Title 77 RCW which involves the unlawful trafficking of wildlife as defined in RCW 77.16.040 or section 24 of this act.

(ii) Any violation involving the unlawful trafficking of food fish or shellfish as defined in RCW 75.12.100 or any rules of the director.

          (15) "Pattern of criminal profiteering activity" means engaging in at least three acts of criminal profiteering, one of which occurred after July 1, 1985, and the last of which occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal profiteering.  In order to constitute a pattern, the three acts must have the same or similar intent, results, accomplices, principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics including a nexus to the same enterprise, and must not be isolated events.  However, in any civil proceedings brought pursuant to RCW 9A.82.100 by any person other than the attorney general or county prosecuting attorney in which one or more acts of fraud in the purchase or sale of securities are asserted as acts of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been convicted in a criminal proceeding of fraud in the purchase or sale of securities under RCW 21.20.400 or under the laws of another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act or acts asserted as acts of criminal profiteering activity in such civil action under RCW 9A.82.100.

          (16) "Records" means any book, paper, writing, record, computer program, or other material.

          (17) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.

          (18) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in full or in part because the debt was incurred or contracted:

          (a) In violation of any one of the following:

          (i) Chapter 67.16 RCW relating to horse racing;

          (ii) Chapter 9.46 RCW relating to gambling;

          (b) In a gambling activity in violation of federal law; or

          (c) In connection with the business of lending money or a thing of value at a rate that is at least twice the permitted rate under the applicable state or federal law relating to usury.

          (19)(a) "Beneficial interest" means:

          (i) The interest of a person as a beneficiary under a trust established under Title 11 RCW in which the trustee for the trust holds legal or record title to real property;

          (ii) The interest of a person as a beneficiary under any other trust arrangement under which a trustee holds legal or record title to real property for the benefit of the beneficiary; or

          (iii) The interest of a person under any other form of express fiduciary arrangement under which one person holds legal or record title to real property for the benefit of the other person.

          (b) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in a general partnership or limited partnership.

          (c) A beneficial interest shall be considered to be located where the real property owned by the trustee is located.

          (20) "Real property" means any real property or interest in real property, including but not limited to a land sale contract, lease, or mortgage of real property.

          (21)(a) "Trustee" means:

          (i) A person acting as a trustee under a trust established under Title 11 RCW in which the trustee holds legal or record title to real property;

          (ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or

          (iii) A successor trustee to a person who is a trustee under subsection (21)(a) (i) or (ii) of this section.

          (b) "Trustee" does not mean a person appointed or acting as:

          (i) A personal representative under Title 11 RCW;

          (ii) A trustee of any testamentary trust;

          (iii) A trustee of any indenture of trust under which a bond is issued; or

          (iv) A trustee under a deed of trust.

NEW SECTION. Sec. 57.  The following acts or parts of acts are each repealed:

(1) RCW 77.12.105 and 1987 c 506 s 22, 1980 c 78 s 71, 1977 c 44 s 2, & 1955 c 36 s 77.16.030;

(2) RCW 77.16.130 and 1987 c 506 s 65, 1980 c 78 s 82, & 1955 c 36 s 77.16.130;

(3) RCW 77.16.160 and 1980 c 78 s 84 & 1955 c 36 s 77.16.160;

(4) RCW 77.16.180 and 1987 c 506 s 67, 1980 c 78 s 86, & 1955 c 36 s 77.16.180;

(5) RCW 77.16.320 and 1987 c 506 s 68, 1981 c 310 s 5, & 1980 c 44 s 1; and

(6) RCW 77.16.330 and 1987 c 506 s 104 & 1985 c 243 s 3.

                                                           --- END ---