BILL REQ. #:  H-1459.1 

Read first time 02/10/2005.   Referred to Committee on Judiciary.

     AN ACT Relating to obstructing the taking of fish, shellfish, or wildlife; amending RCW 77.15.212; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The purpose of this act is to reaffirm that state law related to the lawful taking of fish, shellfish, and wildlife under Title 77 RCW and rules adopted under Title 77 RCW preempt local ordinances purportedly enacted to control noise associated with the discharge of a firearm.

Sec. 2   RCW 77.15.212 and 2000 c 107 s 238 are each amended to read as follows:
     (1) Any person who is damaged by any act prohibited in RCW 77.15.210 may bring a civil action to enjoin further violations, and recover damages sustained, including a reasonable attorneys' fee. The trial court may increase the award of damages to an amount not to exceed three times the damages sustained. A party seeking civil damages under this section may recover upon proof of a violation by a preponderance of the evidence.
     (2) When the civil action authorized in subsection (1) of this section is against a city, county, or other municipality for obstructing the lawful taking of fish, shellfish, or wildlife under the color of RCW 9.41.300(2)(a) that is lawfully allowed under this title and the rules adopted by the department under this title, the trial court may, in addition to the remedies allowed under subsection (1) of this section, levy a civil penalty of one thousand dollars for each day of violation for each plaintiff in a suit or class.
     (3) The state of Washington may bring a civil action to enjoin violations of this section.