| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Agriculture & Natural Resources Committee | |
HB 1078
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Creating the crime of unlawfully hunting upon the property of another.
Sponsors: Representatives Kretz and B. Sullivan.
Brief Summary of Bill |
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Hearing Date: 1/15/07
Staff: Jaclyn Ford (786-7339).
Background:
People are held in violation of an illegal trespass if they knowingly enter onto the property of
another and remain on the premises [RCW 9A.52.080]. The Department of Fish and Wildlife
(DFW) law enforcement officers are able to cite trespassing hunters for a misdemeanor under
this statute. The amount of punishment authorized for a misdemeanor is 0-90 days, a fine of
$1000, or both [RCW 9A.20.021 (3)].
The DFW has the authority to seize fish, wildlife, shellfish, boats, vehicles, gear and appliances
without a warrant, but the seizure must be in violation of a statute in the DWF title or rule of the
commission or director [RCW 77.15.085, RCW 77.15.070]. In order to perform their duties, the
DFW may also enter any land or waters (RCW 77.12.154).
The unlawful killing of specific wildlife results in a criminal wildlife penalty assessment
determined by the species. The criminal wildlife penalty assessment is deposited into the Fish
and Wildlife Enforcement Reward Account (the Account). The Account is intended to be used
for investigation and prosecution of offenses, to provide rewards for informants, and other valid
enforcement uses [RCW 77.15.425]. If a hunter is assessed a criminal wildlife penalty
assessment, their license is revoked and suspended until the assessment is paid [RCW
77.15.420].
Summary of Bill:
People may not lawfully hunt on a piece of property without a license, invitation or other
privilege given to the hunter by the landowner. Hunters are however allowed to hunt on
unimproved and apparently unused land.
If a hunter is found guilty of hunting while criminally trespassing, the DFW may revoke the
hunter's licenses and tags and suspend their hunting privileges for two years. In addition, the
hunter must pay a criminal wildlife penalty assessment according to the species killed. Each
dead animal killed in violation of this law is a separate offense.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.