5638-S AMH NR AMS-1

SSB 5638 - H COMM AMD ADOPTED 4/6/99

By Committee on Natural Resources

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 77.15.030 and 1998 c 190 s 4 are each amended to read as follows:

    Where it is unlawful to hunt, take, fish, ((or)) possess, or traffic in big game or protected or endangered fish or wildlife, then each individual animal unlawfully taken or possessed is a separate offense.

    Sec. 2.  RCW 77.15.400 and 1998 c 190 s 9 are each amended to read as follows:

    (1) A person is guilty of unlawful hunting of ((game)) wild birds in the second degree if the person:

    (a) Hunts for, takes, or possesses a ((game)) wild bird and the person does not have and possess all licenses, tags, stamps, and permits required under this title;

    (b) Maliciously destroys, takes, or harms the eggs or nests of a game bird except when authorized by permit; ((or))

    (c) Violates any rule of the commission or director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas ((including game reserves)), closed times, or other rule addressing the manner or method of hunting or possession of ((game)) wild birds; or

(d) Possesses a wild bird taken during a closed season for that wild bird or taken from a closed area for that wild bird.

    (2) A person is guilty of unlawful hunting of ((game)) wild birds in the first degree if the person ((hunts game birds and the person)) takes or possesses two times or more than the possession or bag limit for ((such)) game birds allowed by rule of the commission or director.

    (3)(a) Unlawful hunting of ((game)) wild birds in the second degree is a misdemeanor.

    (b) Unlawful hunting of ((game)) wild birds in the first degree is a gross misdemeanor.

    Sec. 3.  RCW 77.15.410 and 1998 c 190 s 10 are each amended to read as follows:

    (1) A person is guilty of unlawful hunting of big game in the second degree if the person:

    (a) Hunts for, takes, or possesses big game and the person does not have and possess all licenses, tags, or permits required under this title; ((or))

    (b) Violates any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game; or

(c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game.

    (2) A person is guilty of unlawful hunting of big game in the first degree if the person was previously convicted of any crime under this title involving unlawful hunting, killing, possessing, or taking big game, and within five years of the date that the prior conviction was entered the person:

(a) Hunts for big game and((:

    (a) The person)) does not have and possess all licenses, tags, or permits required under this title; ((or))

    (b) ((The act was)) Acts in violation of any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, or closed times; or

(c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game.

    (3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor.

    (b) Unlawful hunting of big game in the first degree is a class C felony.  Upon conviction, the department shall revoke all licenses or tags involved in the crime and the department shall order the person's hunting privileges suspended for two years.

    Sec. 4.  RCW 77.15.430 and 1998 c 190 s 11 are each amended to read as follows:

    (1) A person is guilty of unlawful hunting of ((game)) wild animals in the second degree if the person:

    (a) Hunts for, takes, or possesses a ((game)) wild animal that is not classified as big game, and does not have and possess all licenses, tags, or permits required by this title; ((or))

    (b) Violates any rule of the commission or director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas including game reserves, closed times, or other rule addressing the manner or method of hunting or possession of ((game)) wild animals not classified as big game; or

(c) Possesses a wild animal that is not classified as big game taken during a closed season for that wild animal or from a closed area for that wild animal.

    (2)(((a))) A person is guilty of unlawful hunting of ((game)) wild animals in the first degree if the person ((hunts a game animal that is not classified as big game; and

    (b) The person)) takes or possesses two times or more than the possession or bag limit for ((such game)) wild animals that are not classified as big game animals as allowed by rule of the commission or director.

    (3)(a) Unlawful hunting of ((game)) wild animals in the second degree is a misdemeanor.

    (b) Unlawful hunting of ((game)) wild animals in the first degree is a gross misdemeanor.

    Sec. 5.  RCW 77.15.170 and 1998 c 190 s 21 are each amended to read as follows:

    (1) A person is guilty of waste of fish and wildlife in the second degree if:

    (a) The person kills, takes, or possesses fish, shellfish, or wildlife and the value of the fish, shellfish, or wildlife is greater than twenty dollars but less than two hundred fifty dollars; and

    (b) The person recklessly allows such fish, shellfish, or wildlife to be wasted.

    (2) A person is guilty of waste of fish and wildlife in the first degree if:

    (a) The person kills, takes, or possesses ((food)) fish, shellfish, ((game fish, game birds,)) or ((game animals)) wildlife having a value of two hundred fifty dollars or more or wildlife classified as big game; and

    (b) The person recklessly allows such fish, shellfish, or wildlife to be wasted.

    (3)(a) Waste of fish and wildlife in the second degree is a misdemeanor.

    (b) Waste of fish and wildlife in the first degree is a gross misdemeanor.  Upon conviction, the department shall revoke any license or tag used in the crime and shall order suspension of the person's privileges to engage in the activity in which the person committed waste of fish and wildlife in the first degree for a period of one year.

    (4) It is prima facie evidence of waste if a processor purchases or engages a quantity of food fish, shellfish, or game fish that cannot be processed within sixty hours after the food fish, game fish, or shellfish are taken from the water, unless the food fish, game fish, or shellfish are preserved in good marketable condition.

    Sec. 6.  RCW 77.15.230 and 1998 c 190 s 26 are each amended to read as follows:

    (1) A person is guilty of unlawful use of department lands or facilities if the person enters upon, uses, or remains upon department-owned or department-controlled lands or facilities in violation of any rule of the department.

    (2) Unlawful use of department lands or facilities is a misdemeanor.

    Sec. 7.  RCW 77.15.460 and 1998 c 190 s 28 are each amended to read as follows:

    (1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:

    (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and

    (b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

    (2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.

    (3) Unlawful possession of a loaded firearm in a motor vehicle or unlawful use of a loaded firearm is a misdemeanor.

    (4) This section does not apply if the person:

    (a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;

    (b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.

    (5) For purposes of this section, a firearm shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the firearm.

    Sec. 8.  RCW 77.15.600 and 1998 c 190 s 32 are each amended to read as follows:

    (1) A person is guilty of engaging in commercial wildlife activity without a license if the person:

    (a) Deals in raw furs for commercial purposes and does not hold a fur dealer license required by chapter 77.32 RCW; or

    (b) Practices taxidermy for ((profit)) commercial purposes and does not hold a taxidermy license required by chapter 77.32 RCW((; or

    (c) Operates a game farm without a license required by chapter 77.32 RCW)).

    (2) Engaging in commercial wildlife activities without a license is a gross misdemeanor.

    Sec. 9.  RCW 77.15.190 and 1998 c 190 s 34 are each amended to read as follows:

    (1) A person is guilty of unlawful trapping if the person:

    (a) Sets out traps that are capable of taking wild animals, game animals, or furbearing mammals and does not possess all licenses, tags, or permits required under this title; ((or))

    (b) Violates any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the trapping of wild animals; or

(c) Fails to identify the owner of the traps or devices by neither (i) attaching a metal tag with the owner's department-assigned identification number or the name and address of the trapper legibly written in numbers or letters not less than one-eighth inch in height nor (ii) inscribing into the metal of the trap such number or name and address.

    (2) Unlawful trapping is a misdemeanor.

    Sec. 10.  RCW 77.15.550 and 1998 c 190 s 40 are each amended to read as follows:

    (1) A person is guilty of violating commercial fishing area or time in the second degree if the person acts for commercial purposes and takes, fishes for, possesses, delivers, or receives food fish or shellfish:

    (a) At a time not authorized by statute or rule; ((or))

    (b) From an area that was closed to the taking of such food fish or shellfish for commercial purposes by statute or rule; or

(c) If such fish or shellfish do not conform to the special restrictions or physical descriptions established by rule of the department.

    (2) A person is guilty of violating commercial fishing area or time in the first degree if the person commits the act described by subsection (1) of this section and:

    (a) The person acted with knowledge that the area or time was not open to the taking or fishing of food fish or shellfish for commercial purposes; and

    (b) The violation involved two hundred fifty dollars or more worth of food fish or shellfish.

    (3)(a) Violating commercial fishing area or time in the second degree is a gross misdemeanor.

    (b) Violating commercial fishing area or time in the first degree is a class C felony.

    Sec. 11.  RCW 77.15.670 and 1998 c 190 s 60 are each amended to read as follows:

    (1) A person is guilty of ((unlawful hunting or fishing when)) violating a suspension of department privileges ((are revoked or suspended)) in the second degree if the person ((hunts or fishes and the person's privilege to engage in such hunting or fishing)) engages in any activity that is licensed by the department and the person's privileges to engage in that activity were revoked or suspended by any court or the department.

    (2) A person is guilty of ((unlawful hunting or fishing when)) violating a suspension of department privileges ((are revoked or suspended)) in the first degree if the person commits the act described by subsection (1) of this section and:

    (a) The suspension of privileges that was violated was a permanent suspension;

    (b) The person takes or possesses more than two hundred fifty dollars' worth of unlawfully taken food fish, wildlife, game fish, seaweed, or shellfish; or

    (c) The violation involves the hunting, taking, or possession of fish or wildlife classified as endangered or threatened or big game.

    (3)(a) ((Unlawful hunting or fishing when)) Violating a suspension of department privileges ((are revoked or suspended)) in the second degree is a gross misdemeanor.  Upon conviction, the department shall order permanent suspension of the person's privileges to engage in such hunting or fishing activities.

    (b) ((Unlawful hunting or fishing when)) Violating a suspension of department privileges ((are revoked or suspended)) in the first degree is a class C felony.  Upon conviction, the department shall order permanent suspension of all privileges to hunt, fish, trap, or take wildlife, food fish, or shellfish.

    (4) As used in this section, hunting includes trapping with a trapping license.

    Sec. 12.  RCW 77.16.070 and 1980 c 78 s 75 are each amended to read as follows:

    ((It is unlawful to hunt)) (1) A person is guilty of hunting while under the influence of intoxicating liquor or drugs if the person hunts wild animals or wild birds while under the influence of intoxicating liquor or drugs.

(2) Hunting while under the influence of intoxicating liquor or drugs is a gross misdemeanor.

NEW SECTION. Sec. 13.  The following acts or parts of acts are each repealed:

(1) RCW 77.15.200 (Furbearing animal traps--Failure to identify--Penalty) and 1998 c 190 s 23; and

(2) RCW 77.32.094 (Validity of licenses issued by department of fisheries and department of wildlife) and 1994 c 255 s 14."

    Correct the title.

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