[atlas:bill]

AN ACT Relating to acting for commercial purposes under the fish and wildlife code; amending RCW 77.15.110, 77.15.500, and 77.15.560; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature intends to clarify that when a crime under chapter 77.15 RCW requires proof that a person acted for commercial purposes, that element refers to engaging in particular conduct that is commercial in nature and the element does not imply that a particular state of mind must exist. This act revises the existing definition of that element to confirm that the element is fulfilled by engaging in commercial conduct and to eliminate any implication that a particular mental state of mind must be shown. Examples are given of the type of conduct that may be considered as evidence that a person acts for a commercial purpose, however, these examples do not create a conclusive presumption that a person acts for a commercial purpose. Furthermore, this act eliminates the element of acting for a commercial purpose from two statutes where it was redundant or unnecessary.

Sec. 2. RCW 77.15.110 and 2001 c 253 s 27 are each amended to read as follows:

(1) For purposes of this chapter, a person acts for commercial purposes if the person engages in conduct that relates to commerce in fish or wildlife or any parts thereof. Commercial conduct may include taking, delivering, selling, buying, or trading fish or wildlife where there is present or future exchange of money, goods, or any valuable consideration. Proof that a person acts for commercial purposes includes, but is not limited to, evidence of the following conduct:

(a) ((~~Acts with intent to sell, attempted to sell, sold, bartered, attempted to purchase, or purchased fish, seaweed, shellfish, or wildlife;~~

~~(b) Uses~~)) Use of gear typical of that used in commercial fisheries;

((~~(c) Exceeds the bag or possession limits for personal use by taking or possessing more than three times the amount of fish, seaweed, shellfish, or wildlife allowed;~~

~~(d) Delivers or attempts~~)) (b) Holding, possessing, taking, or delivering substantially more than the bag or possession limits allowed for personal use of the fish, seaweed, shellfish, or wildlife;

(c) Delivering or attempting to deliver fish, seaweed, shellfish, or wildlife to a person who sells or resells fish, seaweed, shellfish, or wildlife including any licensed or unlicensed wholesaler;

((~~(e) Takes~~)) (d) Taking fish or shellfish using a vessel designated on a commercial fishery license and gear not authorized in a personal use fishery;

(e) Using or holding a commercial fishery license;

(f) ((~~Sells or deals~~)) Selling or dealing in raw furs; or

(g) ((~~Performs~~)) Performing taxidermy service on fish, shellfish, or wildlife belonging to another person for a fee or receipt of goods or services.

(2) For purposes of this chapter, the value of any fish, shellfish, or wildlife may be proved based on evidence of legal or illegal sales involving the person charged or any other person, of offers to sell or solicitation of offers to sell by the person charged or by any other person, or of any market price for the fish, shellfish, or wildlife including market price for farm-raised game animals. The value assigned to specific fish, shellfish, or wildlife by RCW 77.15.420 may be presumed to be the value of such fish, shellfish, or wildlife. It is not relevant to proof of value that the person charged misrepresented that the fish, shellfish, or wildlife was taken in compliance with law if the fish, shellfish, or wildlife was unlawfully taken and had no lawful market value.

Sec. 3. RCW 77.15.500 and 2000 c 107 s 248 are each amended to read as follows:

(1) A person is guilty of commercial fishing without a license in the second degree if the person fishes for, takes, or delivers food fish, shellfish, or game fish ((~~while acting for commercial purposes~~)) and:

(a) The person does not hold a fishery license or delivery license required under chapter 77.65 RCW ((~~for the~~)) to fish for, take, or deliver the food fish or shellfish; or

(b) The person is not a licensed operator designated as an alternate operator on a fishery or delivery license under chapter 77.65 RCW for the food fish or shellfish.

(2) A person is guilty of commercial fishing without a license in the first degree if the person commits the act described by subsection (1) of this section and:

(a) The violation involves taking, delivery, or possession of food fish or shellfish with a value of two hundred fifty dollars or more; or

(b) The violation involves taking, delivery, or possession of food fish or shellfish from an area that was closed to the taking of such food fish or shellfish by any statute or rule.

(3)(a) Commercial fishing without a license in the second degree is a gross misdemeanor.

(b) Commercial fishing without a license in the first degree is a class C felony.

Sec. 4. RCW 77.15.560 and 1998 c 190 s 41 are each amended to read as follows:

(1) Except as provided in RCW 77.15.640, a person is guilty of failing to report a commercial fish or shellfish harvest or delivery if the person ((~~acts for commercial purposes and~~)) takes or delivers any fish or shellfish to a fish buyer or fish dealer, or to a person acting for or on behalf of a fish buyer or fish dealer, and the person:

(a) Fails to sign a fish-receiving ticket that documents the delivery of fish or shellfish or otherwise documents the taking or delivery; or

(b) Fails to report or document the taking, landing, or delivery as required by any rule of the department.

(2) Failing to report a commercial fish harvest or delivery is a gross misdemeanor.

(3) For purposes of this section, "delivery" of fish or shellfish occurs when there is a transfer or conveyance of title or control from the person who took, fished for, or otherwise harvested the fish or shellfish.