H-3798.1  _______________________________________________

                          HOUSE BILL 2480

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives Schoesler, Sump, Honeyford, McCune, Sheahan, Mulliken, Buck and Thompson

Read first time 01/14/98.  Referred to Committee on Natural Resources.

Providing penalties for the release of deleterious fish.

    AN ACT Relating to the unlawful release of fish; adding a new section to chapter 77.16 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 77.16 RCW to read as follows:

    (1)(a) It is unlawful to release, plant, or place live fish within the state, except for a release of game fish into private waters for which a game fish stocking permit has been obtained or the planting of food fish by permit of the commission.

    (b) A violation of (a) of this subsection is a gross misdemeanor. In addition, the court shall order the person to pay all costs the department incurs in capturing, killing, or controlling the fish released or its progeny.  This does not affect the existing authority of the department to bring a separate civil action to recover the costs of capturing, killing, or controlling the fish released or their progeny, or restoration of habitat necessitated by the unlawful release.

    (2)(a) It is unlawful to release, plant, or place live deleterious exotic fish within the state that have been classified as deleterious exotic fish by rule of the commission.

    (b) A violation of (a) of this subsection is a class C felony.  In addition, the court shall also order the person to pay all costs the department incurs in capturing, killing, or controlling the fish released or its progeny.  This does not affect the existing authority of the department to bring a separate civil action to recover the costs of capturing, killing, or controlling the fish released or their progeny, or the restoration of habitat necessitated by the unlawful release.

NEW SECTION. Sec. 2.  This act takes effect July 1, 1998.

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