FINAL BILL REPORT

SSB 6377

                              C 144 L 90

BYSenate Committee on Environment & Natural Resources (originally sponsored by Senators Metcalf, DeJarnatt, Vognild and Kreidler)

Creating penalties for violations of fisheries laws.

Senate Committee on Environment & Natural Resources

House Committe on Fisheries & Wildlife

SYNOPSIS AS ENACTED

BACKGROUND:

The penalty for violation of the Fisheries Department statute is currently a gross misdemeanor for virtually all offenses.  There is concern that the severity of penalties for fisheries crimes should vary depending on the severity of the crime committed.

Fisheries officers may seize boats, vehicles, gear, etc., which are used in violation of the fisheries code.  There is a need to fully define the process of seizure and the rights of persons whose property is seized.

SUMMARY:

Crimes regarding recreational users of food fish and shellfish are categorized into infractions, misdemeanors, gross misdemeanors and class C felonies based on severity.  Crimes involving commercial harvesters of food fish and shellfish are categorized into misdemeanors, gross misdemeanors, and class C felonies.  Persons with four or more qualifying gross misdemeanor or felony fisheries convictions over a 12-year period are determined to be habitual offenders, and may have their licenses revoked by the director for a period of at least two years.

The courts are no longer required to forfeit commercial fishing licenses for violations of length, depth, or construction of fishing gear.

The seizure of articles used in fisheries violations is subject to the following procedures:  notice to owners; time limitations on claims; administrative hearings; exclusion on situations which did not involve knowledge or consent, and disposition of the seized articles.

The sale of recreationally caught food fish is established as a gross misdemeanor if less than $250 in wholesale value, or as a class C felony if the sale is over $250 in wholesale value.  The Fisheries Department must prove that persons who violate certain commercial fishing felony statutes intended to violate those statutes.

The sale, barter or trade of food fish or shellfish with a wholesale value of over $250 by persons who commercially fish without a valid commercial license is established as a class C felony.  The purchase of $250 or more of food fish or shellfish that were taken illegally is a class C felony.

The director can only revoke a commercial fishing license for gross misdemeanor or felony violations.  Revocation of commercial licenses may only occur in cases of bail forfeiture if the value of the forfeiture is greater than $250.

VOTES ON FINAL PASSAGE:

     Senate   42    5

     House 94  2 (House amended)

     Senate   45    1 (Senate concurred)

EFFECTIVE:June 7, 1990