BILL REQ. #:  H-0141.2 

Prefiled 1/3/2003. Read first time 01/13/2003.   Referred to Committee on Fisheries, Ecology & Parks.

     AN ACT Relating to hunting and fishing; amending RCW 77.32.070, 77.15.070, 77.15.140, 77.15.170, 77.15.230, 77.15.280, 77.15.380, 77.15.390, 77.15.400, 77.15.430, and 77.15.440; adding a new section to chapter 77.32 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature recognizes that the department of fish and wildlife is charged with the responsibility of managing the state's fish and wildlife populations. Managing dynamic populations is a complicated task, and the department must complete the task while allowing a maximum number of individuals to enjoy hunting, fishing, and other outdoor sports. In order to accomplish this goal, the legislature recognizes that often elaborate and at times complex laws may be necessary.
     However, the legislature finds that these laws, although necessary, can be confusing to the average sportsperson. Too often a hunter or fisher may wish to comply with the state's hunting and fishing laws, only to find that he or she did not properly interpret their meaning. As historically drafted, the fish and wildlife code provides for a series of criminal infractions. The result of this construction is that a well-meaning sportsperson may face criminal charges if he or she unintentionally misunderstands or misinterprets a hunting or fishing law.
     The legislature further finds that the historical construction of the fish and wildlife code does not result in a proper level of enforcement discretion. Although the native fish and game of our state deserve the protection provided by the fish and wildlife code and its associated rules, the sportspeople of Washington deserve the benefit of the state's doubt that many first-time offenses are unintentional and are the unfortunate result of the complexity of modern wildlife management.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.32 RCW to read as follows:
     (1) Whenever an individual purchases a recreational hunting or fishing license, he or she must also be provided with a copy of all relevant laws and rules, in the form of a bound publication or rulebook.
     (2) The department is responsible for preparing the rulebook required by this section, and for providing all locations where recreational licenses can be purchased with adequate copies of the rulebook.
     (3) The front cover of the rulebook required by this section must contain, in large print, a warning that explains:
     (a) The duty of all sportspeople to abide by the laws and rules contained within the rulebook;
     (b) The possible financial and criminal penalties for failure to abide by the laws and rules; and
     (c) That different laws and rules may apply in particular water bodies, parts of water bodies, areas of the state, and times of the year, all of which should be understood prior to fishing or hunting.
     (4) All locations where recreational licenses are sold must clearly display a sign, provided by the department, indicating that rulebooks are available at no additional cost.

Sec. 3   RCW 77.32.070 and 1998 c 191 s 11 are each amended to read as follows:
     (1) All applications for a recreational license, tag, or stamp must contain a notice to the applicant that:
     (a) He or she is entitled to a copy of the rulebook produced under section 2 of this act at no additional cost; and
     (b) He or she is responsible for abiding by the rules contained in the rulebook, and failure to do so could result in serious financial or criminal penalties.
     (2) Applicants for a license, permit, tag, or stamp shall furnish the information required by the director. The commission may adopt rules requiring licensees or permittees to keep records and make reports concerning the taking of fish, shellfish, and wildlife.

Sec. 4   RCW 77.15.070 and 2000 c 107 s 231 are each amended to read as follows:
     (1) Fish and wildlife officers and ex officio fish and wildlife officers may seize without warrant boats, airplanes, vehicles, motorized implements, conveyances, gear, appliances, or other articles they have probable cause to believe have been held with intent to violate or used in violation of this title or rule of the commission or director. However, fish and wildlife officers or ex officio fish and wildlife officers may not seize any item or article, other than for evidence, if under the circumstances, it is reasonable to conclude that the violation was inadvertent or if the person will only be charged with a natural resources infraction and not a criminal penalty. The property seized is subject to forfeiture to the state under this section regardless of ownership. Property seized may be recovered by its owner by depositing into court a cash bond equal to the value of the seized property but not more than twenty-five thousand dollars. Such cash bond is subject to forfeiture in lieu of the property. Forfeiture of property seized under this section is a civil forfeiture against property and is intended to be a remedial civil sanction.
     (2) In the event of a seizure of property under this section, jurisdiction to begin the forfeiture proceedings shall commence upon seizure. Within fifteen days following the seizure, the seizing authority shall serve a written notice of intent to forfeit property on the owner of the property seized and on any person having any known right or interest in the property seized. Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure.
     (3) Persons claiming a right of ownership or right to possession of property are entitled to a hearing to contest forfeiture. Such a claim shall specify the claim of ownership or possession and shall be made in writing and served on the director within forty-five days of the seizure. If the seizing authority has complied with notice requirements and there is no claim made within forty-five days, then the property shall be forfeited to the state.
     (4) If any person timely serves the director with a claim to property, the person shall be afforded an opportunity to be heard as to the person's claim or right. The hearing shall be before the director or director's designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that a person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the property seized is more than five thousand dollars.
     (5) The hearing to contest forfeiture and any subsequent appeal shall be as provided for in chapter 34.05 RCW, the administrative procedure act. The seizing authority has the burden to demonstrate that it had reason to believe the property was held with intent to violate or was used in violation of this title or rule of the commission or director. The person contesting forfeiture has the burden of production and proof by a preponderance of evidence that the person owns or has a right to possess the property and:
     (a) That the property was not held with intent to violate or used in violation of this title; or
     (b) If the property is a boat, airplane, or vehicle, that the illegal use or planned illegal use of the boat, airplane, or vehicle occurred without the owner's knowledge or consent, and that the owner acted reasonably to prevent illegal uses of such boat, airplane, or vehicle.
     (6) A forfeiture of a conveyance encumbered by a perfected security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission. No security interest in seized property may be perfected after seizure.
     (7) If seized property is forfeited under this section the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release such property to the agency for the use of enforcing this title, or sell such property, and deposit the proceeds to the wildlife fund, as provided for in RCW 77.12.170.

Sec. 5   RCW 77.15.140 and 1998 c 190 s 15 are each amended to read as follows:
     (1) A person is guilty of unlawful taking of unclassified fish or wildlife if:
     (a) The person kills, hunts, fishes, takes, holds, possesses, transports, or maliciously injures or harms fish or wildlife that is not classified as big game, game fish, game animals, game birds, food fish, shellfish, protected wildlife, or endangered wildlife; and
     (b) The act violates any rule of the commission or the director.
     (2)(a) A first-time unlawful taking of unclassified fish or wildlife is a natural resource infraction under chapter 7.84 RCW.
     (b) A subsequent unlawful taking of unclassified fish or wildlife is a misdemeanor.

Sec. 6   RCW 77.15.170 and 1999 c 258 s 5 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 fish, shellfish, or 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)(i) A first-time waste of fish and wildlife in the second degree is a ((misdemeanor)) natural resource infraction under chapter 7.84 RCW.
     (ii) A subsequent 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. 7   RCW 77.15.230 and 1999 c 258 s 6 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)(a) A first-time unlawful use of department lands or facilities is a natural resource infraction under chapter 7.84 RCW.
     (b) A subsequent unlawful use of department lands or facilities is a misdemeanor.

Sec. 8   RCW 77.15.280 and 1998 c 190 s 47 are each amended to read as follows:
     (1) A person is guilty of violating rules requiring reporting of fish or wildlife harvest if the person:
     (a) Fails to make a harvest log report of a commercial fish or shellfish catch in violation of any rule of the commission or the director;
     (b) Fails to maintain a trapper's report or taxidermist ledger in violation of any rule of the commission or the director;
     (c) Fails to submit any portion of a big game animal for a required inspection required by rule of the commission or the director; or
     (d) Fails to return a catch record card or wildlife harvest report to the department as required by rule of the commission or director.
     (2) ((Violating rules requiring reporting of fish or wildlife harvest)) (a) A violation of subsection (1)(a) or (b) of this section is a misdemeanor.
     (b) A first-time violation of subsection (1)(c) or (d) of this section is a natural resource infraction under chapter 7.84 RCW.
     (c) A subsequent violation of subsection (1)(c) or (d) of this section is a misdemeanor.

Sec. 9   RCW 77.15.380 and 2001 c 253 s 39 are each amended to read as follows:
     (1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for, takes, possesses, or harvests fish or shellfish and:
     (a) The person does not have and possess the license or the catch record card required by chapter 77.32 RCW for such activity; or
     (b) The action violates any rule of the commission or the director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish, except for use of a net to take fish as provided for in RCW 77.15.580.
     (2)(a) A first-time unlawful recreational fishing in the second degree is a natural resource infraction under chapter 7.84 RCW.
     (b) A subsequent unlawful recreational fishing in the second degree is a misdemeanor.

Sec. 10   RCW 77.15.390 and 2001 c 253 s 40 are each amended to read as follows:
     (1) A person is guilty of unlawful taking of seaweed if the person takes, possesses, or harvests seaweed and:
     (a) The person does not have and possess the license required by chapter 77.32 RCW for taking seaweed; or
     (b) The action violates any rule of the department or the department of natural resources regarding seasons, possession limits, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed.
     (2)(a) A first-time unlawful taking of seaweed is a natural resource infraction under chapter 7.84 RCW.
     (b) A subsequent unlawful taking of seaweed is a misdemeanor.
     (3) Nothing in this ((does not)) section affects the rights of the state to recover civilly for trespass, conversion, or theft of state-owned valuable materials.

Sec. 11   RCW 77.15.400 and 2001 c 253 s 41 are each amended to read as follows:
     (1) A person is guilty of unlawful hunting of wild birds in the second degree if the person:
     (a) Hunts for, takes, or possesses a 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 wild bird except when authorized by permit;
     (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, closed times, or other rule addressing the manner or method of hunting or possession of 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 wild birds in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild birds allowed by rule of the commission or director.
     (3)(a)(i) A first-time unlawful hunting of wild birds in the second degree is a ((misdemeanor)) natural resource infraction under chapter 7.84 RCW.
     (ii) A subsequent unlawful hunting of wild birds in the second degree is a misdemeanor.
     (b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor.

Sec. 12   RCW 77.15.430 and 1999 c 258 s 4 are each amended to read as follows:
     (1) A person is guilty of unlawful hunting of wild animals in the second degree if the person:
     (a) Hunts for, takes, or possesses a wild animal that is not classified as big game, and does not have and possess all licenses, tags, or permits required by this title;
     (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 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 person is guilty of unlawful hunting of wild animals in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild animals that are not classified as big game animals as allowed by rule of the commission or director.
     (3)(a)(i) A first-time unlawful hunting of wild animals in the second degree is a ((misdemeanor)) natural resource infraction under chapter 7.84 RCW.
     (ii) A subsequent unlawful hunting of wild animals in the second degree is a misdemeanor.
     (b) Unlawful hunting of wild animals in the first degree is a gross misdemeanor.

Sec. 13   RCW 77.15.440 and 1998 c 190 s 12 are each amended to read as follows:
     (1) A person is guilty of unlawful use of weapons, traps, or dogs on game reserves if:
     (a) The person uses firearms, other hunting weapons, or traps on a game reserve; or
     (b) The person negligently allows a dog upon a game reserve.
     (2) This section does not apply to persons on a public highway or if the conduct is authorized by rule of the department.
     (3) This section does not apply to a person in possession of a handgun if the person in control of the handgun possesses a valid concealed pistol license and the handgun is concealed on the person.
     (4)(a) A first-time unlawful use of weapons, traps, or dogs on game reserves is a natural resource infraction under chapter 7.84 RCW.
     (b) A subsequent unlawful use of weapons, traps, or dogs on game reserves is a misdemeanor.