BILL REQ. #:  S-0087.1 

Read first time 01/13/2003.   Referred to Committee on Parks, Fish & Wildlife.

     AN ACT Relating to fish and wildlife infractions; amending RCW 77.15.130, 77.15.140, 77.15.170, 77.15.180, 77.15.190, 77.15.220, 77.15.230, 77.15.240, 77.15.280, 77.15.290, 77.15.330, 77.15.380, 77.15.400, 77.15.430, 77.15.440, and 77.15.460; and prescribing penalties.

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

Sec. 1   RCW 77.15.130 and 1998 c 190 s 14 are each amended to read as follows:
     (1) A person is guilty of unlawful taking of protected fish or wildlife if:
     (a) The person hunts, fishes, possesses, or maliciously kills protected fish or wildlife, or the person possesses or maliciously destroys the eggs or nests of protected fish or wildlife, and the taking has not been authorized by rule of the commission; or
     (b) The person violates any rule of the commission regarding the taking, harming, harassment, possession, or transport of protected fish or wildlife.
     (2) Unlawful taking of protected fish or wildlife is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.

Sec. 2   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) Unlawful taking of unclassified fish or wildlife is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.

Sec. 3   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) Waste of fish and wildlife in the second degree is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.
     (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. 4   RCW 77.15.180 and 2001 c 253 s 29 are each amended to read as follows:
     (1) A person is guilty of unlawful interference with fishing or hunting gear in the second degree if the person:
     (a) Takes or releases a wild animal from another person's trap without permission;
     (b) Springs, pulls up, damages, possesses, or destroys another person's trap without the owner's permission; or
     (c) Interferes with recreational gear used to take fish or shellfish.
     (2) Unlawful interference with fishing or hunting gear in the second degree is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.
     (3) A person is guilty of unlawful interference with fishing or hunting gear in the first degree if the person:
     (a) Takes or releases fish or shellfish from commercial fishing gear without the owner's permission; or
     (b) Intentionally destroys or interferes with commercial fishing gear.
     (4) Unlawful interference with fishing or hunting gear in the first degree is a gross misdemeanor.
     (5) A person is not in violation of unlawful interference with fishing or hunting gear if the person removes a trap placed on property owned, leased, or rented by the person.

Sec. 5   RCW 77.15.190 and 1999 c 258 s 9 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;
     (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)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.

Sec. 6   RCW 77.15.220 and 1998 c 190 s 25 are each amended to read as follows:
     (1) A person is guilty of unlawful posting if the individual posts signs preventing hunting or fishing on any land not owned or leased by the individual, or without the permission of the person who owns, leases, or controls the land posted.
     (2) Unlawful posting is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.

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) Unlawful use of department lands or facilities is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.

Sec. 8   RCW 77.15.240 and 1998 c 190 s 30 are each amended to read as follows:
     (1) A person is guilty of unlawful use of dogs if the person:
     (a) Negligently fails to prevent a dog under the person's control from pursuing or injuring deer, elk, or an animal classified as endangered under this title;
     (b) Uses the dog to hunt deer or elk; or
     (c) During the closed season for a species of game animal or game bird, negligently fails to prevent the dog from pursuing such animal or destroying the nest of a game bird.
     (2) Unlawful use of dogs is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW. A dog that is the basis for a violation of this section may be declared a public nuisance.

Sec. 9   RCW 77.15.280 and 1998 c 190 s 47 are each amended to read as follows:
     (1)(a) A person is guilty of violating rules requiring reporting of fish or wildlife harvest in the first degree if the person:
     (((a))) (i) 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; or
     (((b))) (ii) 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))) (b) Violating rules requiring reporting of fish or wildlife harvest in the first degree is a misdemeanor.
     (2)(a) A person is guilty of violating rules requiring reporting of fish or wildlife harvest in the second degree if the person:
     (i) Fails to submit any portion of a big game animal for a required inspection required by rule of the commission or the director; or
     (ii) Fails to return a catch record card or wildlife harvest report to the department as required by rule of the commission or director.
     (b) Violating rules requiring reporting of fish or wildlife harvest in the second degree is an infraction, to be cited and punished as provided under chapter 7.84 RCW.

Sec. 10   RCW 77.15.290 and 2002 c 281 s 7 are each amended to read as follows:
     (1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person:
     (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish, shellfish, or wildlife and the transportation does not involve big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife having a value greater than two hundred fifty dollars; or
     (b) Possesses but fails to affix or notch a big game transport tag as required by rule of the commission or director.
     (2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person:
     (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish, shellfish, or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife with a value of two hundred fifty dollars or more; or
     (b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title.
     (3)(a) Unlawful transportation of fish or wildlife in the second degree is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.
     (b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor.
     (4) A person is guilty of unlawful transport of aquatic plants if the person transports aquatic plants on any state or public road, including forest roads, except as provided in this section.
     (5) Unless otherwise prohibited by law, a person may transport aquatic plants:
     (a) To the department, or to another destination designated by the director, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species;
     (b) When legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;
     (c) When transporting a commercial aquatic plant harvester to a suitable location for purposes of removing aquatic plants;
     (d) In a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or
     (e) As the commission may otherwise prescribe.
     (6) Unlawful transport of aquatic plants is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.

Sec. 11   RCW 77.15.330 and 2001 c 253 s 36 are each amended to read as follows:
     (1) A person is guilty of unlawfully holding a hunting or fishing contest if the person:
     (a) Conducts, holds, or sponsors a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife without the permit required by RCW 77.65.480; or
     (b) Violates any rule of the commission or the director applicable to a hunting contest, fishing contest involving game fish, or a competitive field trial using live wildlife.
     (2) Unlawfully holding a hunting or fishing contest is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.

Sec. 12   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) Unlawful recreational fishing in the second degree is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.

Sec. 13   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) Unlawful hunting of wild birds in the second degree is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.
     (b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor.

Sec. 14   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) Unlawful hunting of wild animals in the second degree is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.
     (b) Unlawful hunting of wild animals in the first degree is a gross misdemeanor.

Sec. 15   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) Unlawful use of weapons, traps, or dogs on game reserves is ((a misdemeanor)) an infraction, to be cited and punished as provided under chapter 7.84 RCW.

Sec. 16   RCW 77.15.460 and 1999 c 258 s 7 are each amended to read as follows:
     (1)(a) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:
     (((a))) (i) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and
     (((b))) (ii) 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.
     (b) Unlawful possession of a loaded firearm in a motor vehicle is an infraction, to be cited and punished as provided under chapter 7.84 RCW.
     (2)(a) 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))) (b) Unlawful ((possession of a loaded firearm in a motor vehicle or unlawful)) use of a loaded firearm is a misdemeanor.
     (((4))) (3) 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))) (4) 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.