IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO CrRLJ 3.2-RELEASE OF ACCUSED

) ) )

ORDER NO. 25700-A-928

     The District Municipal Court Judges Association having recommended the adoption of the proposed amendments to CrRLJ 3.2-Release of Accused, and the Court having approved the proposed amendments for publication;

     Now, therefore, it is hereby

     ORDERED:

     (a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below are to be published for comment in the Washington Reports, Washington Register, and on the Washington State Bar Association and Office of the Administrator for the Courts' websites expeditiously.

     (b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

     (c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than 60 days from the published date. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Camilla.Faulk@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

     DATED at Olympia, Washington this 5th day of November 2009.

	For the Court
	Gerry L. Alexander
	CHIEF JUSTICE

     (C) Purpose: CrRLJ 3.2 is entitled "Release of Accused" and establishes a bail schedule for 25 enumerated criminal offenses as conditions of release from custody in criminal matters. Bail amounts range from $100 to $500.

     CrRLJ 3.2(o) also provides for forfeiture of bail as a final disposition in some criminal matters. The Legislature has not provided for or defined bail forfeiture as a final disposition in criminal matters except in the limited context of violation bureaus established under RCW 3.30.090, RCW 3.50.030, and RCW 77.15.050. It is unclear what effect bail forfeiture as a final resolution has on individuals' criminal history or whether it can be used to enhance a subsequent offense or penalty.

     The rule also includes a schedule of criminal penalties. The Washington legislature has enacted criminal penalties for gross misdemeanors and misdemeanors at RCW 9.92.020 (up to 1 year in jail and $5,000 fine for gross misdemeanors) and 9.92.030 (up to 90 days jails and $1,000 fine for misdemeanors). The legislature has not delegated authority to the Supreme Court to modify or otherwise revise those penalties. Various executive branch agencies or commissions charged with regulation and enforcement in specific areas have requested the Supreme Court to enact criminal penalties in court rule. The penalty amounts set in court rule have little if any relationship to the penalties set by the legislature. There have also been practical problems with keeping schedules current as the agencies and commissions have not always been timely in notifying the court of needed changes, which has resulted in and discrepancies between agency/commission expectations and published information.

     Proposed Amendments --

     Bail: The bail amounts set in CrRLJ 3.2 have not been revised since the rule was originally published. The amounts and listed offenses were apparently adopted based on the City of Seattle bail schedule in effect at the time of adoption. There is no currently recognized rationale behind the offenses listed. Bail amounts do not reflect current dollar values and do not adequately respond to current perceptions of crime severity. It is recommended that the court establish a simplified bail schedule for misdemeanors and gross misdemeanors of $500 and $1,000 respectively. It is anticipated that the court rule schedule will be a default schedule and that local jurisdictions will enact bail schedules that reflect local conditions and priorities; the default amounts will provide some guidance in determining locally appropriate bails amounts.

     Forfeiture: Bail forfeiture has been used as a final disposition in criminal matters probably arising out of the old Justice of the Peace system that concerned a requirement that bail be posted before a defendant could request a jury trial on a speeding ticket. Under that system if the defendant failed to appear for trial, bail was forfeited and the case finally resolved. This antiquated system has been used for many years as a way to resolve criminal charges as diverse as DUI, assault and communication with a minor, but most often for misdemeanor charges such as DWLS3rd, Unlawful Recreational Fishing, or Transporting a Loaded Weapon. Bail forfeiture as a final disposition in criminal matters is problematic for a number of reasons. First, the legislature has provided no definition of bail forfeiture (for example, Is it a conviction? Can it be used as criminal history for sentencing considerations?). Confusingly in at least two instances the legislature has equated bail forfeiture to a conviction (RCW 46.20.270(4) concerning traffic matters provides that if money is paid, including bail forfeiture, DOL will consider the matter a conviction. RCW 77.15.050 concerning Fish & Wildlife matters provides that if money is paid, including bail forfeiture, F&W will consider the matter a conviction. In either case, the designation of 'conviction' may result in impingement of substantial rights including immigration consequences.) Second, the AOC computer system automatically changes a Bail Forfeiture (BF) code to Guilty (G) if the bail forfeiture is not paid and the case is sent for collection, thus imposing a conviction for a person who may not have been adequately advised of his Constitutional rights in that regard. Third, the legislature has not delegated authority to the Court to enact bail forfeiture in amounts that differ from misdemeanor and gross misdemeanor penalties set in statute. Fourth, if bail forfeiture is defined as or results in conviction of a criminal charge, allowing that forfeiture of bail without a finding of guilt and constitutionally mandated colloquy is inappropriate. The proposed revision would eliminate the allowance of bail forfeiture as a final disposition in criminal matters. (Bail might however still be forfeited for a failure to appear in a case, in that event, the case is not closed but remains open for resolution until the defendant appears before the court.)

     Penalties: The Washington legislature has not delegated authority to the court to enact criminal penalties. The legislature should create penalties for all criminal charges, either through direct legislation or by delegated rule-making authority. The legislature has created executive agencies and commissions that are charged with regulation and enforcement in defined areas. The legislature has delegated rule making authority to those agencies or commissions within their areas of responsibility. The legislature has also provided procedures for exercising rule making authority.

     By asking the Supreme Court to enact criminal penalties, the agencies and commissions have effectively substituted Supreme Court rule making procedures for the requirements of the Administrative Procedures Act (APA), Chapter 34.05 RCW. One purpose of the APA is to ensure that interested parties have an opportunity to be heard on proposed rules, including penalties. While the Supreme Court rule making process provides the openness and opportunity to comment anticipated by the APA, it may not be apparent to interested parties that they need to watch the Supreme Court rule making process in order to participate.

     The proposed revision would shift adoption of penalties back to the legislature or to the agency/commission charged with enacting rules in the defined area.

CrRLJ 3.2 RELEASE OF ACCUSED--Proposed Revision

     (a) through (l) are unchanged

     (m) Forfeiture. Nothing contained in this rule shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court.

     (n) Accused Released on Recognizance or Bail -- Absence -- Forfeiture. If the accused has been released on the accused's own recognizance, on bail, or has deposited money instead thereof, and does not appear when the accused's personal appearance is necessary or violates conditions of release, the court, in addition to the forfeiture of the recognizance, or of the money deposited, may direct the clerk to issue a bench warrant for the accused's arrest.

     (o) Bail in Criminal Offense Cases--Mandatory Appearance.

     (1) When required to reasonably assure appearance in court, bail for a person arrested for the following criminal offenses listed in this rule or comparable ordinances shall be the amount listed in this rule. a misdemeanor shall be $500 and for a gross misdemeanor shall be $1,000. In an individual case and after hearing the court for good cause recited in a written order may set a different bail amount.

     (2) A court may adopt a local rule requiring that persons subjected to custodial arrest for a certain class of offenses be held until they have appeared before a judge.

     (3) Forfeiture of bail shall not constitute a final disposition for a mandatory offense or comparable ordinance without a written order of the court showing the reasons. The order may be a simple docket entry. If the court allows forfeiture of bail for a mandatory offense, it may accept bail in an amount no less than that set forth in these rules as full payment including all statutory assessments.

		((BAIL
1.	Driving while under the influence; physical control (RCW 46.61.502; 46.52.100; 46.61.504)	$500
2.	Driving while under the influence–nonhighway vehicle or snowmobile (RCW 46.09.120(2))	$500
3.	Operating nonhighway vehicle or snowmobile so as to endanger human life, etc. (RCW 46.09.130; 46.10.130)	$500
4.	No valid driver's license (without identification) (RCW 46.20.021)	$250
5.	Unlawful possession or use of a driver's license (RCW 46.20.0921)	$100
6.	Driving while license suspended or revoked in the first and second degrees (RCW 46.20.342)	$500
7.	Driving while license suspended or revoked in the third degree (RCW 46.20.342)	$250
8.	Violating occupational license restrictions (RCW 46.20.410)	$200
9.	Financial responsibility suspension (RCW 46.29.610, .620)	$100
10.	Transporting dangerous articles (RCW 46.48.175)	$500
11.	Unattended hit and run (RCW 46.52.010)	$250
12.	Attended hit and run (RCW 46.52.020)	$500
13.	Reports of repairs, concealing evidence (RCW 46.52.090)	$500
14.	Confidentiality of driving records (RCW 46.52.130)	$500
15.	Failure to obey police officer, flagger, or fire fighter (RCW 46.61.015)	$250
16.	Failure to cooperate with or give information to police officer (RCW 46.61.020)	$100
17.	Failure to stop and give information (RCW 46.61.022)	$100
18.	Reckless driving (RCW 46.61.500)	$500
19.	Racing (RCW 46.61.530)	$500
20.	Leaving children unattended (RCW 46.61.685)	$250
21.	Unfair motor vehicle business practices (RCW 46.70.170)	$250
22.	Unlawful operation of for hire vehicles (RCW 46.72.100)	$250
23.	Motor vehicle wreckers (RCW 46.80.170)	$500
24.	Driving training schools (RCW 46.82.390)	$250
25.	First Degree Negligent Driving (RCW 46.61.525)	$250))
		Bail

     (p) (Reserved.)

     (q) (Reserved.)

     (r) Forfeitable Wildlife and Fisheries Offenses. The following offenses shall be forfeitable as a final disposition, in the amounts listed, to include statutory assessments:

((WHERE A BAIL AMOUNT IS SHOWN, THE BREAKDOWN IS:			BAIL	70% PSEA	35% PSEA	TOTAL
RCW	WAC	TITLE
77.15.120.1		Take endangered fish or wildlife, 2nd degree (Mandatory appearance, GM)	$263	$184.10	$92.05	$540
	232-12-275	Wildlife rehabilitation	$79	$55.30	$27.65	$162
77.15.120.2		Take endangered fish or wildlife, 1st degree (Mandatory appearance, F)	$1,316	$921.20	$460.60	$2,698
77.15.130		Take protected fish or wildlife (M)	$132	$92.40	$46.20	$271
	232-12-064	Live wildlife	$263	$184.10	$92.05	$540
	232-12-117	Raptor marking	$79	$55.30	$27.65	$162
	232-12-121	Raptor reporting	$79	$55.30	$27.65	$162
	232-12-129	Captive raptor propagation	$79	$55.30	$27.65	$162
	232-12-275	Wildlife rehabilitation	$79	$55.30	$27.65	$162
77.15.140		Take unclassified fish or wildlife (M)	$53	$37.10	$18.55	$109
	232-12-055	Hunter orange	$53	$37.10	$18.55	$109
	232-12-064	Live wildlife	$263	$184.10	$92.05	$540
	232-12-077	Possession without statement	$79	$55.30	$27.65	$162
	232-12-242	Hunt wildlife during deer or elk season	$132	$92.40	$46.20	$271
	232-12-275	Wildlife rehabilitation	$79	$55.30	$27.65	$162
77.15.150		Use poisons or explosives (Mandatory appearance, GM)	$789	$552.30	$276.15	$1,618
77.15.160.1		Catch record card (I)	$39	$27.30	$13.65	$80
77.15.160.2		Use barbed hooks (I)	$39	$27.30	$13.65	$80
77.15.160.3		Rule of commission or director designated as infraction (I)	$39	$27.30	$13.65	$80
77.15.170.1		Wastage 2nd degree (M)	$132	$92.40	$46.20	$271
77.15.170.2		Wastage 1st degree (Mandatory appearance, GM)	$263	$184.10	$92.05	$540
77.15.180.1		Interfere with fishing/hunting gear 2nd degree (M)	$184	$128.80	$64.40	$378
77.15.180.3		Interfere with fishing/hunting gear 1st degree (Mandatory appearance, GM)	$526	$368.20	$184.10	$1,079
77.15.190		Trapping violations (M) (Includes pamphlet violations)	$53	$37.10	$18.55	$109
	232-12-024	Sealing pelts	$79	$55.30	$27.65	$162
	232-12-24402	Colville Reservation - hunting or trapping	$184	$128.80	$64.40	$378
77.15.210		Obstruct taking of fish or wildlife (Mandatory appearance, GM)	$526	$368.20	$184.10	$1,079
77.15.220		Posting signs (M)	$132	$92.40	$46.20	$271
77.15.230		Use of department lands (M)	$132	$92.40	$46.20	$271
	232-12-177	Vehicle operation on department lands	$53	$37.10	$18.55	$109
	232-12-187	Access area use	$53	$37.10	$18.55	$109
	232-12-254	Litter on department lands	$53	$37.10	$18.55	$109
77.15.240		Use of dog (M)	$132	$92.40	$46.20	$271
77.15.250.1		Release of fish or wildlife (Mandatory appearance, GM)	$263	$184.10	$92.05	$540
77.15.250.2		Release of deleterious exotic fish or wildlife (Mandatory appearance, F)	$2,631	$1,841.70	$920.85	$5,394
77.15.260.1		Trafficking 2nd degree (GM)	$184	$128.80	$64.40	$378
77.15.260.2		Trafficking 1st degree (Mandatory appearance, F)	$2,631	$1,841.70	$920.85	$5,394
77.15.270		False reporting (GM)	$184	$128.80	$64.40	$378
77.15.280		Report fish or wildlife harvest (M)	$53	$37.10	$18.55	$109
77.15.290.1		Transport of fish or wildlife 2nd degree (M)	$184	$128.80	$64.40	$378
	232-12-021	Importation of wildlife	$184	$128.80	$64.40	$378
	232-12-061	Fail to tag	$184	$128.80	$64.40	$378
	232-12-224	Off-reservation possession of wildlife	$184	$128.80	$64.40	$378
77.15.290.2		Transport of fish or wildlife 1st degree (Mandatory appearance, GM)	$789	$552.30	$276.15	$1,618
	232-12-021	Importation of wildlife	$184	$128.80	$64.40	$378
	232-12-061	Fail to tag	$184	$128.80	$64.40	$378
	232-12-224	Off - reservation possession of wildlife	$184	$128.80	$64.40	$378
77.15.300		Hydraulic project activity (Mandatory appearance, GM)	$789	$552.30	$276.15	$1,618
77.15.310		Fish guard on water diversion (Mandatory appearance, GM)	$789	$552.30	$276.15	$1,618
77.15.320		Fishway (Mandatory appearance, GM)	$526	$368.20	$184.10	$1,079
77.15.330		Hunting or fishing contest (M)	$132	$92.40	$46.20	$271
	232-12-041	Field trial permit	$79	$55.30	$27.65	$162
	232-12-168	Fishing contests conditions	$79	$55.30	$27.65	$162
	232-12-169	Hunting contests conditions	$79	$55.30	$27.65	$162
77.15.340		Game farm operation (GM)	$263	$184.10	$92.05	$540
	232-12-031	Game farm invoice	$79	$55.30	$27.65	$162
77.15.350		Aquatic farms - inspection and disease control (M)	$263	$184.10	$92.05	$540
77.15.360		Interfere with department operations (GM)	$263	$184.10	$92.05	$540
77.15.370.1.a		Recreational fishing 1st degree (GM)	$184	$128.80	$64.40	$378
77.15.370.1.b		Fish in fishway (GM)	$263	$184.10	$92.05	$540
77.15.370.1.c		Shoot, gaff, snag fish (GM)	$263	$184.10	$92.05	$540
77.15.380		Recreational fishing 2nd degree (M)	$53	$37.10	$18.55	$109
	220-20-025.1	Razor clam beds, driving on	$39	$27.30	$13.65	$80
	220-20-025.2	Crab, soft shell	$39	$27.30	$13.65	$80
		+$10 each crab over 1	$0	$0	$0
	220-56-145.1	Dolly Vardon/bull trout or sturgeon mutilation	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-56-145.2	Recreational salmon, mutilation	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-56-145.3	Recreational bottomfish, mutilation	$53	$37.10	$18.55	$109
		+$50 each fish over 1	$0	$0	$0
	220-56-180.8	Recreational salmon, possession, each fish	$79	$55.30	$27.65	$162
	220-56-190.1-6	Recreational salmon, over limit, each fish	$79	$55.30	$27.65	$162
	220-56-190.7	Recreational salmon, illegal size	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-56-191	Recreational salmon, Puget Sound, undersize	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-56-191.1-9	Recreational salmon, Puget Sound, over limit, each fish	$79	$55.30	$27.65	$162
	220-56-215	Recreational salmon, snagged, each fish	$79	$55.30	$27.65	$162
	220-56-220	Recreational salmon, eggs	$132	$92.40	$46.20	$271
	220-56-235	Recreational bottomfish, over limit	$53	$37.10	$18.55	$109
		+$25 each fish over 1	$0	$0	$0
	220-56-240.1	Recreational sturgeon, size or limit (Mandatory appearance)	$263	$184.10	$92.05	$540
	220-56-240.2	Recreational forage fish, over limit	$39	$27.30	$13.65	$80
		+$2 each pound of fish over 10lbs.	$0	$0	$0
	220-56-245	Recreational bottomfish, halibut, over limit, each fish	$79	$55.30	$27.65	$162
	220-56-255	Recreational bottomfish, halibut, undersize, each fish	$79	$55.30	$27.65	$162
	220-56-295.1	Recreational sturgeon, remove roe (Mandatory appearance)	$526	$368.20	$184.10	$1,079
	220-56-310.1	Recreational clams, over limit	$39	$27.30	$13.65	$80
		+$2 each clam over limit	$0	$0	$0
	220-56-310.2	Recreational razor clam, over limit, 1-15	$26	$18.20	$9.10	$54
		+$10 each clam over 30	$0	$0	$0
	220-56-310.3	Recreational geoduck, over limit	$53	$37.10	$18.55	$109
		+$50 each geoduck over 4	$0	$0	$0
	220-56-310.4	Recreational clams, horse clams over limit	$39	$27.30	$13.65	$80
		+$25 each clam over 8	$0	$0	$0
	220-56-310.5	Recreational oysters, over limit	$26	$18.20	$9.10	$54
		+$10 each oyster over 19	$0	$0	$0
	220-56-310.6	Recreational scallops, over limit Rock scallops	$39	$27.30	$13.65	$80
		+$10 each over 13	$0	$0	$0
	220-56-310.7	Recreational scallops, over limit sea scallops	$39	$27.30	$13.65	$80
		+$10 each over 13	$0	$0	$0
	220-56-310.8	Recreational scallops, over limit pink scallops	$39	$27.30	$13.65	$80
		+$10 each full pound or quart over first limit	$0	$0	$0
	220-56-310.9	Recreational shrimp, over limit	$39	$27.30	$13.65	$80
		+$50 each full limit over 2 limits	$0	$0	$0
	220-56-310.10	Recreational octopus, over limit	$53	$37.10	$18.55	$109
		+$50 each octopus over 3	$0	$0	$0
	220-56-310.11	Recreational abalone, possess	$79	$55.30	$27.65	$162
		+$150 each abalone over 1	$0	$0	$0
	220-56-310.12	Recreational crawfish, over limit	$39	$27.30	$13.65	$80
		+$25 each full limit over 2 limits	$0	$0	$0
	220-56-310.13	Recreational squid, over limit	$39	$27.30	$13.65	$80
		+$50 for any amount over 10 pounds above limit	$0	$0	$0
	220-56-310.14	Recreational sea cucumber, over limit	$39	$27.30	$13.65	$80
		+$10 each over 26	$0	$0	$0
	220-56-310.15	Recreational red sea urchin, over limit	$39	$27.30	$13.65	$80
		+$10 each urchin over 19	$0	$0	$0
	220-56-310.16	Recreational purple sea urchin, over limit	$39	$27.30	$13.65	$80
		+$10 each urchin over 19	$0	$0	$0
	220-56-310.17	Recreational green urchin, over limit	$39	$27.30	$13.65	$80
		+$10 each urchin over 37	$0	$0	$0
	220-56-310.18	Recreational Dungeness crab, over limit, 1-6 crabs	$39	$27.30	$13.65	$80
		+$25 each crab over 6	$0	$0	$0
	220-56-310.19	Recreational red rock crab, over limit, 1-6 crabs	$39	$27.30	$13.65	$80
		+$25 each crab over 6	$0	$0	$0
	220-56-310.20	Recreational mussels, over limit	$39	$27.30	$13.65	$80
		+$50 each full 10lbs. over 20lbs.	$0	$0	$0
	220-56-310.21	Recreational barnacles, over limit	$39	$27.30	$13.65	$80
		+$50 each full 10lbs. over 2 limits	$0	$0	$0
	220-56-310.23	Recreational King or box crab, possess	$79	$55.30	$27.65	$162
		+$150 each over 1	$0	$0	$0
	220-56-335	Recreational crab, 1-6 crabs	$39	$27.30	$13.65	$80
		+$25 each crab over 6	$0	$0	$0
	220-56-355.2	Recreational geoduck, neck only	$53	$37.10	$18.55	$109
		+$50 each neck over 1	$0	$0	$0
	220-56-355.3	Recreational clams, undersize	$39	$27.30	$13.65	$80
		+$2 each clam over 1	$0	$0	$0
	220-56-365	Recreational razor clam, fail to retain	$39	$27.30	$13.65	$80
	220-56-385	Recreational oysters, retain shell	$26	$18.20	$9.10	$54
		+$10 each shell over 1	$0	$0	$0
	220-56-400	Recreational abalone, possess	$79	$55.30	$27.65	$162
		+$150 each over 1 abalone	$0	$0	$0
	232-12-064	Live wildlife	$263	$184.10	$92.05	$540
	232-12-077	Possession without statement	$79	$55.30	$27.65	$162
	232-12-151	Fly fishing rules	$79	$55.30	$27.65	$162
	232-12-164	Fishing near dams	$132	$92.40	$46.20	$271
77.15.390		Seaweed (M)	$53	$37.10	$18.55	$109
77.15.400.1		Wild birds 2nd degree (M)	$79	$55.30	$27.65	$162
	232-12-044	Game bird marking requirements	$79	$55.30	$27.65	$162
	232-12-047	Unlawful firearm	$79	$55.30	$27.65	$162
	232-12-055	Hunter orange	$53	$37.10	$18.55	$109
	232-12-061	Fail to tag	$184	$128.80	$64.40	$378
	232-12-064	Live wildlife	$263	$184.10	$92.05	$540
	232-12-068	Nontoxic shot	$53	$37.10	$18.55	$109
	232-12-077	Possession without statement	$79	$55.30	$27.65	$162
	232-12-24402	Colville Reservation – hunting or trapping	$184	$128.80	$64.40	$378
	232-12-264	Bait game birds	$263	$184.10	$92.05	$540
	232-12-267.1	Field identification of game birds	$53	$37.10	$18.55	$109
	232-12-275	Wildlife rehabilitation	$79	$55.30	$27.65	$162
	232-12-291	Hunt before or after hours	$79	$55.30	$27.65	$162
	232-12-828	Disabled hunter/companion violation	$79	$55.30	$27.65	$162
77.15.400.2		Wild birds 1st degree (GM)	$132	$92.40	$46.20	$271
77.15.410.1		Big game animal 2nd degree (GM)	$263	$184.10	$92.05	$540
	232-12-047	Unlawful firearm	$79	$55.30	$27.65	$162
	232-12-051	Muzzleloading firearms	$79	$55.30	$27.65	$162
	232-12-054	Unlawful archery	$79	$55.30	$27.65	$162
	232-12-055	Hunter orange	$53	$37.10	$18.55	$109
	232-12-064	Live wildlife	$263	$184.10	$92.05	$540
	232-12-077	Possession without statement	$79	$55.30	$27.65	$162
	232-12-24402	Colville Reservation – hunting or trapping	$184	$128.80	$64.40	$378
	232-12-267.2	Field identification of big game	$184	$128.80	$64.40	$378
	232-12-267.3	Field identification of big game with horn or antler	$263	$184.10	$92.05	$540
	232-12-275	Wildlife rehabilitation	$79	$55.30	$27.65	$162
	232-12-291	Hunt before or after hours	$79	$55.30	$27.65	$162
	232-12-828	Disabled hunter/companion violation	$79	$55.30	$27.65	$162
77.15.410.2		Big game animal 1st degree (Mandatory appearance, F)	$2,631	$1,841.70	$920.85	$5,394
77.15.430.1		Wild animals 2nd degree (M)	$79	$55.30	$27.65	$162
	232-12-055	Hunter orange	$53	$37.10	$18.55	$109
	232-12-064	Live wildlife	$263	$184.10	$92.05	$540
	232-12-077	Possession without statement	$79	$55.30	$27.65	$162
	232-12-242	Hunt during modern firearm deer/elk season	$132	$92.40	$46.20	$271
	232-12-24402	Colville Reservation – hunting or trapping	$184	$128.80	$64.40	$378
	232-12-275	Wildlife rehabilitation	$79	$55.30	$27.65	$162
	232-12-291	Hunt before or after hours	$79	$55.30	$27.65	$162
	232-12-828	Disabled hunter/companion violation	$79	$55.30	$27.65	$162
77.15.430.2		Wild animals 1st degree (M)	$132	$92.40	$46.20	$271
77.15.440		Use of weapon/dog/trap on game reserve (M)	$132	$92.40	$46.20	$271
77.15.450.1		Spotlighting big game 2nd degree (GM)	$526	$368.20	$184.10	$1,079
77.15.450.2		Spotlighting big game 1st degree (Mandatory appearance, F)	$2,631	$1,841.70	$920.85	$5,394
77.15.460		Loaded firearm in vehicle (M)	$132	$92.40	$46.20	$271
77.15.470		Avoid check station (GM)	$263	$184.10	$92.05	$540
77.15.500.1		Commercial fish without license 2nd degree (GM)	$0	$0	$0
		Limited entry	$1,053	$737.10	$368.55	$2,159
		Non-limited entry	$526	$368.20	$184.10	$1,079
77.15.500.1.b		Commercial fish without license 2nd degree (GM)	$0	$0	$0
		Alternate operator	$263	$184.10	$92.05	$540
77.15.500.2		Commercial fish without license 1st degree (Mandatory appearance, F)	$2,631	$1,841.70	$920.85	$5,394
77.15.510		Commercial fish guide/charter (GM)	$1,053	$737.10	$368.55	$2,159
77.15.530.1		Non-designated vessel (Mandatory appearance, GM)	$526	$368.20	$184.10	$1,079
77.15.530.4		Non-designated vessel same day (Mandatory appearance, F)	$1,053	$737.10	$368.55	$2,159
77.15.540		Use of commercial fish license (M)	$79	$55.30	$27.65	$162
	220-20-050.1,2	Vessel registration decal display	$53	$37.10	$18.55	$109
	220-20-050.3	Salmon angler decal display	$53	$37.10	$18.55	$109
	220-20-051.4	Affix registration/documentation numbers	$53	$37.10	$18.55	$109
77.15.550.1		Commercial fish area or time 2nd degree (GM)	$789	$552.30	$276.15	$1,618
	220-20-010.12	Salmon through power block, each fish	$79	$55.30	$27.65	$162
	220-20-010.13	Mutilate food fish, each fish	$79	$55.30	$27.65	$162
	220-20-015.3	Commercial salmon, undersize	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-20-015.3.b	Commercial salmon, dressed fish	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-20-016.1	Commercial salmon, take home limit, each fish	$79	$55.30	$27.65	$162
	220-20-016.2	Sell salmon to unauthorized buyer	$263	$184.10	$92.05	$540
		+$150 each fish over 1	$0	$0	$0
	220-20-020.1	Commercial sturgeon, illegal size, undersized each fish	$79	$55.30	$27.65	$162
		Oversized, each fish (Mandatory appearance)	$263	$184.10	$92.05	$540
	220-20-020.5	Commercial bottomfish, undersized flounder	$53	$37.10	$18.55	$109
		+$50 each fish over 1	$0	$0	$0
	220-20-021.1.a	Commercial sturgeon, exceed limit	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-20-021.1.c	Sale of sturgeon eggs (Mandatory appearance)	$1,053	$737.10	$368.55	$2,159
	220-20-021.2	Purchase sturgeon eggs (Mandatory appearance)	$1,053	$737.10	$368.55	$2,159
	220-20-025.2	Commercial crab, soft shell	$132	$92.40	$46.20	$271
	220-20-025.3	Commercial crab, back shell	$132	$92.40	$46.20	$271
	220-33-020.3	Commercial sturgeon, illegal size (Mandatory appearance)	$263	$184.10	$92.05	$540
	220-33-020.4	Commercial sturgeon, over limit, each fish	$79	$55.30	$27.65	$162
	220-33-020.5	Commercial sturgeon, remove eggs	$132	$92.40	$46.20	$271
	220-33-020.6	Commercial sturgeon, remove head or tail, each fish	$79	$55.30	$27.65	$162
	220-36-031.2	Commercial sturgeon, illegal size (Mandatory appearance)	$263	$184.10	$92.05	$540
	220-36-031.3	Commercial sturgeon, closed season	$263	$184.10	$92.05	$540
		+$150 each fish over 1	$0	$0	$0
	220-40-031.2	Commercial sturgeon, illegal size (Mandatory appearance)	$263	$184.10	$92.05	$540
	220-40-031.3	Commercial sturgeon, closed season	$263	$184.10	$92.05	$540
		+$150 each fish over 1	$0	$0	$0
	220-44-050	Commercial bottomfish, catch limit	$263	$184.10	$92.05	$540
		+$500 each additional 10% over limit	$0	$0	$0
	220-44-050.3	Commercial bottomfish, undersized lingcod	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-47-401	Chinook salmon using reef net gear	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-48-005.1	Commercial bottomfish, undersized sole	$79	$55.30	$27.65	$162
		+$50 each fish over	$0	$0	$0
	220-48-005.3	Commercial bottomfish, lingcod, closed area	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-48-005.4	Commercial bottomfish, lingcod, illegal size	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-48-005.5	Commercial bottomfish, lingcod, closed time	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-48-005.6	Commercial bottomfish, retain shellfish	$132	$92.40	$46.20	$271
	220-48-005.7.b	Commercial bottomfish, retain salmon or sturgeon	$79	$55.30	$27.65	$162
		+$50 each fish over 1	$0	$0	$0
	220-48-005.7.c	Commercial bottomfish, retain shellfish	$132	$92.40	$46.20	$271
	220-48-005.7.d	Commercial bottomfish, whiting	$53	$37.10	$18.55	$109
		+$50 each fish over 1	$0	$0	$0
	220-48-052.2	Commercial bottomfish, fish for possess salmon, each fish	$79	$55.30	$27.65	$162
	220-52-019.5	Commercial geoduck, neck or siphon	$79	$55.30	$27.65	$162
		+$50 for each geoduck over 1	$0	$0	$0
	220-52-019.9	Commercial geoduck, processing (Mandatory appearance)	$789	$552.30	$276.15	$1,618
	220-52-040.3	Commercial crab, undersized or female	$132	$92.40	$46.20	$271
		+$50 each crab over 1	$0	$0	$0
	220-52-043.6	Commercial crab, incidental catch	$132	$92.40	$46.20	$271
	220-52-050.1.c	Commercial shrimp, exceed count	$526	$368.20	$184.10	$1,079
	220-52-050.1.d	Commercial shrimp, incidental catch, each fish	$79	$55.30	$27.65	$162
	220-52-050.1.e	Commercial shrimp, incidental catch of shellfish	$132	$92.40	$46.20	$271
	220-52-060.1.c	Commercial crawfish, undersized or female	$79	$55.30	$27.65	$162
	220-52-068.4	Commercial scallops, incidental catch	$132	$92.40	$46.20	$271
	220-52-069.2.a.ii	Commercial scallops, undersized	$53	$37.10	$18.55	$109
		+$25 each scallop over 1	$0	$0	$0
	220-52-069.2.a.iv	Commercial scallops, retain other foodfish or shellfish	$132	$92.40	$46.20	$271
	220-52-071.3.c	Commercial sea cucumbers, possess geoduck, each geoduck	$79	$55.30	$27.65	$162
	220-52-073.2	Commercial sea urchins, illegal size	$53	$37.10	$18.55	$109
		+$25 each sea urchin over 1	$0	$0	$0
	220-52-073.3.d	Commercial sea urchins, purple sea urchin, each urchin	$53	$37.10	$18.55	$109
	220-52-073.3.g	Commercial sea urchins, processing	$526	$368.20	$184.10	$1,079
	220-88A-070.3	Commercial shrimp, undersized spot shrimp	$263	$184.10	$92.05	$540
77.15.550.2		Commercial fish area or time 1st degree (Mandatory appearance, F)	$1,579	$1,105.30	$552.65	$3,237
77.15.560		Report commercial fish harvest or delivery (GM)	$526	$368.20	$184.10	$1,079
77.15.570.1		Participate in treaty Indian fishery (GM)	$526	$368.20	$184.10	$1,079
77.15.570.2		Participate in treaty Indian commercial fishery (Mandatory appearance, F)	$1,579	$1,105.30	$552.65	$3,237
77.15.580.1.a		Use of net to take fish 2nd degree (Mandatory appearance, GM)	$789	$552.30	$276.15	$1,618
77.15.580.1.b		Use of net, retain fish 2nd degree (Mandatory appearance, GM)	$263	$184.10	$92.05	$540
77.15.580.2		Use of net to take fish 1st degree (Mandatory appearance, F)	$1,579	$1,105.30	$552.65	$3,237
77.15.590		Commercial vessel for charter or recreational use (GM)	$263	$184.10	$92.05	$540
77.15.600		Commercial wildlife activity (GM)	$526	$368.20	$184.10	$1,079
77.15.610		Commercial wildlife license (M)	$79	$55.30	$27.65	$162
77.15.620.1		Fish dealing 2nd degree (GM)	$789	$552.30	$276.15	$1,618
77.15.620.3		Fish dealing 1st degree (Mandatory appearance, F)	$2,631	$1,841.70	$920.85	$5,394
77.15.630.1		Use of fish buyer/dealer license 2nd degree (GM)	$789	$552.30	$276.15	$1,618
77.15.630.2		Use of fish buyer/dealer license 1st degree (Mandatory appearance, F)	$2,631	$1,841.70	$920.85	$5,394
77.15.640		Violate fish buyer/dealer rules (GM)	$263	$184.10	$92.05	$540
77.15.650.1		Purchase or use of license 2nd degree (GM)	$263	$184.10	$92.05	$540
77.15.650.2		Purchase or use of license 1st degree (Mandatory appearance, F)	$1,316	$921.20	$460.60	$2,698
77.15.660		Scientific permit (GM)	$263	$184.10	$92.05	$540
77.15.670.1		Suspension of department privileges 2nd degree (GM)	$526	$368.20	$184.10	$1,079
77.15.670.2		Suspension of department privileges 1st degree (Mandatory appearance, F)	$2,631	$1,841.70	$920.85	$5,394
77.16.070		Hunting intoxicated (Mandatory appearance, GM)	$263	$184.10	$92.05	$540
77.16.360.1		Hunt bear using bait (GM)	$263	$184.10	$92.05	$540
77.16.360.2		Hunt with dog or dogs (GM)	$263	$184.10	$92.05	$540))

     (s) Forfeitable Natural Resources Offenses. The following offenses shall be forfeitable as a final disposition, in the amounts listed, to include statutory assessments:

((WHERE A BAIL AMOUNT IS SHOWN, THE BREAKDOWN IS:		BAIL	70% PSEA	35% PSEA	TOTAL
RCW 76.04.205	Violation of Burning Permit	90	63	31.50	185
WAC 332-24-211	Violations of Outdoor Burning Rules	90	63	31.50	185
RCW 76.04.215	Burning Mill Wood Waste--Arresters	90	63	31.50	185
RCW 76.04.246	Use of Blasting Fuse	90	63	31.50	185
RCW 76.04.305	Closed to Entry--Extra Fire Hazard	90	63	31.50	185
RCW 76.04.315	Suspension of Burning Permits/Privileges	90	63	31.50	185
RCW 76.04.325 WAC 332-24-301	Closure of Forest Operations or Industrial Restrictions Forest Lands	90	63	31.50	185
RCW 76.04.405 WAC 332-24-405	Spark-Emitting Equipment Regulated	90	63	31.50	185
RCW 76.04.415	Work Stoppage Notice--Violation	90	63	31.50	185
RCW 76.04.425	Unauthorized Entry Into Sealed Fire Tool Box	90	63	31.50	185
RCW 76.04.435	Deposit of Fire or Live Coals--Railroad	150	105	52.50	308
RCW 76.04.455	Discarding Lighted Material	90	63	31.50	185
RCW 76.04.465 WAC 332-24-401	Certain Snags To Be Felled Felling of Snags	90	63	31.50	185
WAC 332-24-409	Electric Fence Controllers--Uncertified	90	63	31.50	185
RCW 76.04.650	Disposal of Forest Debris--Felling	90	63	31.50	185
RCW 76.04.700	Failure To Extinguish Campfire	90	63	31.50	185
RCW 76.04.710	Willful Setting of Fire	160	112	56	328
RCW 76.04.720	Removal of Notices--Signs	90	63	31.50	185
RCW 76.04.730	Negligent Fire--Spread	90	63	31.50	185
FOREST PROTECTION
FOREST PRACTICES
RCW 76.09.060(5) WAC 222-20-060	Deviation From Approved Appl./Notif.	250	175	87.50	513
RCW 76.09.060(3) WAC 222-20-050	Conversion-Deviation From Approved Appl./Notif.	250	175	87.50	513
RCW 76.09.060 WAC 222-34-010 WAC 222-34-020	Conversion-Deviation From Approved Appl./Notif. (also see Reforestation)	250	175	87.50	513
RCW 76.09.050(4) WAC 222-24-020(6)	Road Location--Unstable Slopes	250	175	87.50	513
RCW 76.09.050(4) WAC 222-24-025	Location and Design	250	175	87.50	513
RCW 76.09.050(4) WAC 222-24-030	Road Construction--General	250	175	87.50	513
RCW 76.09.050(4) WAC 222-24-030(8,9)	End Haul/Side Cast and Waste Disposal	250	175	87.50	513
RCW 76.09.050(4) WAC 222-24-050	Road Maintenance	250	175	87.50	513
RCW 76.09.050(4) WAC 222-24-060	Rock Quarries	250	175	87.50	513
RCW 76.09.050(4) WAC 222-30-020	Harvest Unit, Plan Design	250	175	87.50	513
RCW 76.09.050(4) WAC 222-30-020(2,3)	Landing Location and Construction--Water	250	175	87.50	513
RCW 76.09.050(4) WAC 222-30-040	Temperature Control Shade Requirements--Temp. Sensitive	250	175	87.50	513
RCW 76.09.050(4) WAC 222-30-040	Temperature Control Shade Requirements—General	250	175	87.50	513
RCW 76.09.050(4) WAC 222-30-050	Falling and Bucking	250	175	87.50	513
RCW 76.09.050(4) WAC 222-30-060	Cable Yarding	250	175	87.50	513
RCW 76.09.050(4) WAC 222-30-070	Tractor and Wheeled Skidding Systems	250	175	87.50	513
RCW 76.09.050(4) WAC 222-30-090	Postharvest Site Preparation	250	175	87.50	513
RCW 76.09.050(4) WAC 222-30-100	Slash Disposal (See also RCW 76.04 & WAC 332-24)	250	175	87.50	513
RCW 76.09.050(4) WAC 222-38-020	Chemicals	250	175	87.50	513
Consult Department of Agriculture prior to citation.
SPECIALIZED FOREST PRODUCTS      General Rules
RCW 43.30.310 WAC 332-52-030	Nontraffic
	(1) Sanitation	90	63	31.50	185
	(2) Public Behavior (c) Selling without permission (d) Advertising without permission	40	28	14	82
	(f) Fireworks	90	63	31.50	185
	(3) Audible Devices (a) Audible devices regulated (b) Unauthorized use of public address system	70	49	24.50	144
Public Behavior--Recreation Site
RCW 43.30.310 WAC 332-52-040
	(4) Occupying a closed site	25	17.50	8.75	52
	(5) Fire outside designated location	25	17.50	8.75	52
	(6) Camping in a day-use area	25	17.50	8.75	52
	(7) Failure to clean up rubbish	25	17.50	8.75	52
	(8) Utilizing site which is designated for other use	25	17.50	8.75	52
	(9) Overstaying site	25	17.50	8.75	52
	(10) Failure to maintain quiet	25	17.50	8.75	52
	(11) Saddle or pack animals in camp	25	17.50	8.75	52
	(12) Pets at large	25	17.50	8.75	52
MANDATORY
RCW 76.04.235 WAC 332-24-261	Dumping Mill Waste, Forest Debris Dumping Mill Waste--Creation of Fire Hazard	Mandatory
RCW 76.04.445	Reporting Fire	Mandatory
RCW 76.04.740	Reckless Burning	Mandatory
RCW 76.09.170 WAC 222-46-080	Knowingly in Violation of RCW 76.09.010-.280	Mandatory
RCW 76.09.050 (2),(4) WAC 222-20-010	Operation Without Application/ Notification	Mandatory
RCW 76.09.050(4) WAC 222-24-040	Water Crossing Structures (See also RCW 75.20.100 & WAC 220-110)	Mandatory
RCW 76.09.050(4) WAC 222-30-020(4)	Riparian Management Zone	Mandatory
RCW 76.09.050(4) WAC 222-30-030	Stream Bank Integrity	Mandatory
RCW 76.09.050(4) WAC 222-30-080	Landing Cleanup	Mandatory
RCW 76.09.070 WAC 222-34-010	Reforestation	Mandatory
RCW 76.36	Marks and Brands. File All Charges With Prosecutor. (No Citation.)	Mandatory
RCW 76.40	Log Patrol. File All Charges With Prosecutor. (No Citation.)	Mandatory
RCW 76.48.030	No Valid Permit	Mandatory
RCW 76.48.070	Possessing Forest Products Without a Valid Permit	Mandatory
RCW 76.48.070	Transporting Forest Products Without a Valid Permit	Mandatory
RCW 76.48.075	Transporting Forest Products From Out of State	Mandatory
RCW 76.48.092	Refusal To Surrender Copy of Permit	Mandatory
RCW 76.48.094	Cedar Processor--Failure To Maintain Records	Mandatory
RCW 76.48.096	Cedar Processor--Purchase From a Person Without a Permit	Mandatory
RCW 76.48.120	Offering a False or Fraudulent Permit (Class C Felony--No Citation.)	Mandatory
General Rules
RCW 43.30.310 WAC 332-52-030	Nontraffic
	(2) Public behavior (a) Inciting or participating in riots	Mandatory
`	(b) Malicious mischief Damages less than $50	Mandatory
	Damages more than $50, less than $250	Mandatory
	Damages more than $250, less than $1,500 (Class C Felony--No Citation.) Damages more than $1,500 (Class B Felony--No Citation.)	Mandatory
	(e) Erecting unauthorized buildings	Mandatory
Public Behavior--Recreation Site
RCW 43.30.310 WAC 332-52-040	Nontraffic
	(1) Destroying--Defacing (Malicious mischief) Damages less than $50	Mandatory
	Damages more than $50, less than $250	Mandatory
	Damages more than $250, less than $1,500 (Class C Felony--No Citation.)	Mandatory
	Damages more than $1,500 (Class B Felony--No Citation.)	Mandatory
	(2) Discharging firearms	Mandatory))

     (t) Forfeitable Parks Offenses. The following offenses shall be forfeitable as a final disposition, in the amounts listed, to include statutory assessments: