SENATE BILL REPORT

ESSB 5819

BYSenate Committee on Environment & Natural Resources (originally sponsored by Senators Metcalf, Owen, Rasmussen and Bauer)

Increasing the penalties for poaching, including seizure and forfeiture of certain personal property.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 14, 1989

Majority Report:  That Substitute Senate Bill No. 5819 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Benitz, DeJarnatt, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:Ross Antipa (786-7413)

                  April 12, 1989

House Committe on Judiciary

AS PASSED SENATE, MARCH 9, 1989

BACKGROUND:

Wildlife poachers utilize a variety of vehicles and equipment to assist them in their poaching activities.  Seizure and forfeiture of articles utilized in poaching activities can be useful in providing a suitable punishment to poachers and to create a deterrent effect to prevent poaching.

SUMMARY:

Wildlife agents may seize without warrant boats, vehicles, motorized implements, gear, appliances or other articles which they have reason to believe are held with intent to violate or were used in violation of wildlife statutes or rules of the Wildlife Commission involving endangered species, deer, elk, bear, native cats, raptors, steelhead trout, and any other wildlife species that are sold for commercial purposes.  The seizing authority shall provide notice of seizure to the owner of the property within 15 days.  Forfeiture of articles used in poaching is accomplished by conviction, plea of guilty, or bail forfeiture.  Persons may appeal a seizure action to an appropriate court regardless of the value of the articles seized.  Provisions are made for administrative hearings to consider rights of claimants of seized property.  Proceeds from seized property which is sold are placed in the wildlife fund.  Wildlife enforcement officers and other department officials are subject to civil liability for willful misconduct or gross negligence in the performance of their duties.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Ray Nelson, fisherman (pro); Ron Peregrin, Department of Wildlife (pro)

HOUSE AMENDMENT:

Wildlife agents may not seize any item, other than evidence, from a violator if the violation was determined to be inadvertent.  The species of wildlife for which violators may have items seized is broadened to include moose, antelope, mountain sheep, mountain goats, and mountain caribou, in addition to the species listed in the Senate version.