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SUBSTITUTE HOUSE BILL 2426
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Passed Legislature - 2002 Regular
Session
State of Washington 57th Legislature 2002
Regular Session
By
Read first time 01/25/2002. Referred to
Committee on .
Clarifying the nature
of "acting for a commercial purpose" with respect to a natural
resources violation.
AN ACT Relating to
acting for commercial purposes under the fish and wildlife code; amending RCW
77.15.110; 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.
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, seaweed, shellfish, or wildlife or
any parts thereof. Commercial conduct may include taking, delivering, selling,
buying, or trading fish, seaweed, shellfish, or wildlife where there is present
or future exchange of money, goods, or any valuable consideration. Evidence
that a person acts for commercial purposes includes, but is not limited to, 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)) Using gear typical of that used in
commercial fisheries;
(((c) Exceeds)) (b)
Exceeding 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)) (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)) or using gear not authorized in a personal use
fishery;
(((f) Sells or deals))
(e) Using a commercial fishery license;
(f) 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, seaweed, 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, seaweed, shellfish, or wildlife including market
price for farm-raised game animals. The value assigned to specific fish, seaweed,
shellfish, or wildlife by RCW 77.15.420 may be presumed to be the value of such
fish, seaweed, shellfish, or wildlife. It is not relevant to proof of
value that the person charged misrepresented that the fish, seaweed,
shellfish, or wildlife was taken in compliance with law if the fish, seaweed,
shellfish, or wildlife was unlawfully taken and had no lawful market value.
