SENATE BILL REPORT

                                    HB 2535

                            AS OF FEBRUARY 19, 1992

Brief Description:  Punishing illegal traffic of wildlife.

SPONSORS: Representatives R. Meyers, R. King, Padden, Orr, Wilson, Haugen, Jacobsen, Paris, Kremen and Rasmussen; by request of Department of Wildlife

HOUSE COMMITTEE ON JUDICIARY

SENATE COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES

Staff:  Ross Antipa (786‑7413)

Hearing Dates: February 27, 1992

BACKGROUND:

A recent prosecution of defendants charged with illegal trafficking in salmon and steelhead highlighted a discrepancy between the wildlife code and fisheries code in penalties for commercial trafficking violations.

The wildlife code makes such trafficking, regardless of the value of the goods, a gross misdemeanor punishable by a fine of between $250 and $1,000 and or imprisonment for between 30 days and one year. 

In comparison, the fisheries code makes illegal trafficking in food fish or shellfish with a wholesale value of at least $250 a class C felony.  A class C felony is punishable as provided in the criminal code, by a maximum of five years imprisonment and a $10,000 fine.

Also, penalties prescribed by the wildlife code for misdemeanors and gross misdemeanors differ from those prescribed by criminal statutes.  For example, the fine for a misdemeanor is $500 under the wildlife code and a maximum of $1,000 under criminal statutes.  The maximum fine for a gross misdemeanor is $1,000 under the wildlife code and $5,000 under criminal statutes.

SUMMARY:

Illegal trafficking in wildlife having a wholesale value in excess of $250 is made a class C felony.  Illegal trafficking in wildlife having a wholesale value of $250 or less is made a gross misdemeanor.

Penalties in the wildlife code are made consistent with those in criminal statutes.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested