Passed by the Senate April 20, 2011 YEAS 47   ________________________________________ President of the Senate Passed by the House April 5, 2011 YEAS 95   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5688 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/21/11.
AN ACT Relating to shark finning activities; amending RCW 77.08.010; adding a new section to chapter 77.15 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 finds and declares the
following:
(1) The practice of shark finning, where a shark is caught, its
fins are sliced off while it is still alive, and the animal returned to
the sea severely and almost always fatally wounded, constitutes a
serious threat to Washington's coastal ecosystem and biodiversity.
Sharks are particularly susceptible to overfishing because they only
reach sexual maturity between seven to twelve years of age and hatch or
birth small litters. The destruction of the population of sharks,
which reside at the top of the marine food chain, is an urgent problem
that upsets the balance of species in the ocean ecosystem.
(2) Shark finning condemns millions of sharks every year to slow,
painful deaths. Returned to the water without their fins, the maimed
sharks are attacked by other predators or drown, because most shark
species must swim in order to push water through their gills. Shark
finning is therefore a cruel practice contrary to the good morals of
the citizens of the state of Washington.
(3) The market for shark fins drives the brutal practice of shark
finning. Shark finning and trade in shark fins and shark fin
derivative products are occurring all along the Pacific Coast,
including the state of Washington.
(4) The consumption of shark fins and shark fin derivative products
by humans may cause serious health risks, including risks from mercury.
NEW SECTION. Sec. 2 A new section is added to chapter 77.15 RCW
to read as follows:
(1) Except as otherwise provided in this section, a person is
guilty of unlawful trade in shark fins in the second degree if:
(a) The person sells, offers for sale, purchases, offers to
purchase, or otherwise exchanges a shark fin or shark fin derivative
product for commercial purposes; or
(b) The person prepares or processes a shark fin or shark fin
derivative product for human or animal consumption for commercial
purposes.
(2) Except as otherwise provided in this section, a person is
guilty of unlawful trade in shark fins in the first degree if:
(a) The person commits the act described by subsection (1) of this
section and the violation involves shark fins or a shark fin derivative
product with a total market value of two hundred fifty dollars or more;
(b) The person commits the act described by subsection (1) of this
section and acted with knowledge that the shark fin or shark fin
derivative product originated from a shark that was harvested in an
area or at a time where or when the harvest was not legally allowed or
by a person not licensed to harvest the shark; or
(c) The person commits the act described by subsection (1) of this
section and the violation occurs within five years of entry of a prior
conviction under this section or a prior conviction for any other gross
misdemeanor or felony under this title involving fish, other than a
recreational fishing violation.
(3)(a) Unlawful trade in shark fins in the second degree is a gross
misdemeanor. Upon conviction, the department shall suspend any
commercial fishing privileges for the person that requires a license
under this title for a period of one year.
(b) Unlawful trade in shark fins in the first degree is a class C
felony. Upon conviction, the department shall suspend any commercial
fishing privileges for the person that requires a license under this
title for a period of one year.
(4) Any person who obtains a license or permit issued by the
department to take or possess sharks or shark parts for bona fide
research or educational purposes, and who sells, offers for sale,
purchases, offers to purchase, or otherwise trades a shark fin or shark
fin derivative product, exclusively for bona fide research or
educational purposes, may not be held liable under or subject to the
penalties of this section.
(5) Nothing in this section prohibits the sale, offer for sale,
purchase, offer to purchase, or other exchange of shark fins or shark
fin derivative products for commercial purposes, or preparation or
processing of shark fins or shark fin derivative products for purposes
of human or animal consumption for commercial purposes, if the shark
fins or shark fin derivative products were lawfully harvested or
lawfully acquired prior to the effective date of this section.
Sec. 3 RCW 77.08.010 and 2009 c 333 s 12 are each amended to read
as follows:
The definitions in this section apply throughout this title or
rules adopted under this title unless the context clearly requires
otherwise.
(1) "Angling gear" means a line attached to a rod and reel capable
of being held in hand while landing the fish or a hand-held line
operated without rod or reel.
(2) "Aquatic invasive species" means any invasive, prohibited,
regulated, unregulated, or unlisted aquatic animal or plant species as
defined under subsections (3), (28), (40), (44), (58), and (59) of this
section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c),
and aquatic nuisance species as defined under RCW 77.60.130(1).
(3) "Aquatic plant species" means an emergent, submersed, partially
submersed, free-floating, or floating-leaving plant species that grows
in or near a body of water or wetland.
(4) "Bag limit" means the maximum number of game animals, game
birds, or game fish which may be taken, caught, killed, or possessed by
a person, as specified by rule of the commission for a particular
period of time, or as to size, sex, or species.
(5) "Closed area" means a place where the hunting of some or all
species of wild animals or wild birds is prohibited.
(6) "Closed season" means all times, manners of taking, and places
or waters other than those established by rule of the commission as an
open season. "Closed season" also means all hunting, fishing, taking,
or possession of game animals, game birds, game fish, food fish, or
shellfish that do not conform to the special restrictions or physical
descriptions established by rule of the commission as an open season or
that have not otherwise been deemed legal to hunt, fish, take, harvest,
or possess by rule of the commission as an open season.
(7) "Closed waters" means all or part of a lake, river, stream, or
other body of water, where fishing or harvesting is prohibited.
(8) "Commercial" means related to or connected with buying,
selling, or bartering.
(9) "Commission" means the state fish and wildlife commission.
(10) "Concurrent waters of the Columbia river" means those waters
of the Columbia river that coincide with the Washington-Oregon state
boundary.
(11) "Contraband" means any property that is unlawful to produce or
possess.
(12) "Deleterious exotic wildlife" means species of the animal
kingdom not native to Washington and designated as dangerous to the
environment or wildlife of the state.
(13) "Department" means the department of fish and wildlife.
(14) "Director" means the director of fish and wildlife.
(15) "Endangered species" means wildlife designated by the
commission as seriously threatened with extinction.
(16) "Ex officio fish and wildlife officer" means a commissioned
officer of a municipal, county, state, or federal agency having as its
primary function the enforcement of criminal laws in general, while the
officer is in the appropriate jurisdiction. The term "ex officio fish
and wildlife officer" includes special agents of the national marine
fisheries service, state parks commissioned officers, United States
fish and wildlife special agents, department of natural resources
enforcement officers, and United States forest service officers, while
the agents and officers are within their respective jurisdictions.
(17) "Fish" includes all species classified as game fish or food
fish by statute or rule, as well as all fin fish not currently
classified as food fish or game fish if such species exist in state
waters. The term "fish" includes all stages of development and the
bodily parts of fish species.
(18) "Fish and wildlife officer" means a person appointed and
commissioned by the director, with authority to enforce this title and
rules adopted pursuant to this title, and other statutes as prescribed
by the legislature. Fish and wildlife officer includes a person
commissioned before June 11, 1998, as a wildlife agent or a fisheries
patrol officer.
(19) "Fish broker" means a person whose business it is to bring a
seller of fish and shellfish and a purchaser of those fish and
shellfish together.
(20) "Fishery" means the taking of one or more particular species
of fish or shellfish with particular gear in a particular geographical
area.
(21) "Freshwater" means all waters not defined as saltwater
including, but not limited to, rivers upstream of the river mouth,
lakes, ponds, and reservoirs.
(22) "Fur-bearing animals" means game animals that shall not be
trapped except as authorized by the commission.
(23) "Game animals" means wild animals that shall not be hunted
except as authorized by the commission.
(24) "Game birds" means wild birds that shall not be hunted except
as authorized by the commission.
(25) "Game farm" means property on which wildlife is held or raised
for commercial purposes, trade, or gift. The term "game farm" does not
include publicly owned facilities.
(26) "Game reserve" means a closed area where hunting for all wild
animals and wild birds is prohibited.
(27) "Illegal items" means those items unlawful to be possessed.
(28) "Invasive species" means a plant species or a nonnative animal
species that either:
(a) Causes or may cause displacement of, or otherwise threatens,
native species in their natural communities;
(b) Threatens or may threaten natural resources or their use in the
state;
(c) Causes or may cause economic damage to commercial or
recreational activities that are dependent upon state waters; or
(d) Threatens or harms human health.
(29) "License year" means the period of time for which a
recreational license is valid. The license year begins April 1st, and
ends March 31st.
(30) "Limited-entry license" means a license subject to a license
limitation program established in chapter 77.70 RCW.
(31) "Money" means all currency, script, personal checks, money
orders, or other negotiable instruments.
(32) "Nonresident" means a person who has not fulfilled the
qualifications of a resident.
(33) "Offshore waters" means marine waters of the Pacific Ocean
outside the territorial boundaries of the state, including the marine
waters of other states and countries.
(34) "Open season" means those times, manners of taking, and places
or waters established by rule of the commission for the lawful hunting,
fishing, taking, or possession of game animals, game birds, game fish,
food fish, or shellfish that conform to the special restrictions or
physical descriptions established by rule of the commission or that
have otherwise been deemed legal to hunt, fish, take, harvest, or
possess by rule of the commission. "Open season" includes the first
and last days of the established time.
(35) "Owner" means the person in whom is vested the ownership
dominion, or title of the property.
(36) "Person" means and includes an individual; a corporation; a
public or private entity or organization; a local, state, or federal
agency; all business organizations, including corporations and
partnerships; or a group of two or more individuals acting with a
common purpose whether acting in an individual, representative, or
official capacity.
(37) "Personal property" or "property" includes both corporeal and
incorporeal personal property and includes, among other property,
contraband and money.
(38) "Personal use" means for the private use of the individual
taking the fish or shellfish and not for sale or barter.
(39) "Predatory birds" means wild birds that may be hunted
throughout the year as authorized by the commission.
(40) "Prohibited aquatic animal species" means an invasive species
of the animal kingdom that has been classified as a prohibited aquatic
animal species by the commission.
(41) "Protected wildlife" means wildlife designated by the
commission that shall not be hunted or fished.
(42) "Raffle" means an activity in which tickets bearing an
individual number are sold for not more than twenty-five dollars each
and in which a permit or permits are awarded to hunt or for access to
hunt big game animals or wild turkeys on the basis of a drawing from
the tickets by the person or persons conducting the raffle.
(43) "Recreational and commercial watercraft" includes the boat, as
well as equipment used to transport the boat, and any auxiliary
equipment such as attached or detached outboard motors.
(44) "Regulated aquatic animal species" means a potentially
invasive species of the animal kingdom that has been classified as a
regulated aquatic animal species by the commission.
(45) "Resident" means:
(a) A person who has maintained a permanent place of abode within
the state for at least ninety days immediately preceding an application
for a license, has established by formal evidence an intent to continue
residing within the state, and who is not licensed to hunt or fish as
a resident in another state; and
(b) A person age eighteen or younger who does not qualify as a
resident under (a) of this subsection, but who has a parent that
qualifies as a resident under (a) of this subsection.
(46) "Retail-eligible species" means commercially harvested salmon,
crab, and sturgeon.
(47) "Saltwater" means those marine waters seaward of river mouths.
(48) "Seaweed" means marine aquatic plant species that are
dependent upon the marine aquatic or tidal environment, and exist in
either an attached or free floating form, and includes but is not
limited to marine aquatic plants in the classes Chlorophyta,
Phaeophyta, and Rhodophyta.
(49) "Senior" means a person seventy years old or older.
(50) "Shellfish" means those species of marine and freshwater
invertebrates that have been classified and that shall not be taken
except as authorized by rule of the commission. The term "shellfish"
includes all stages of development and the bodily parts of shellfish
species.
(51) "State waters" means all marine waters and fresh waters within
ordinary high water lines and within the territorial boundaries of the
state.
(52) "To fish," "to harvest," and "to take," and their derivatives
means an effort to kill, injure, harass, or catch a fish or shellfish.
(53) "To hunt" and its derivatives means an effort to kill, injure,
capture, or harass a wild animal or wild bird.
(54) "To process" and its derivatives mean preparing or preserving
fish, wildlife, or shellfish.
(55) "To trap" and its derivatives means a method of hunting using
devices to capture wild animals or wild birds.
(56) "Trafficking" means offering, attempting to engage, or
engaging in sale, barter, or purchase of fish, shellfish, wildlife, or
deleterious exotic wildlife.
(57) "Unclaimed" means that no owner of the property has been
identified or has requested, in writing, the release of the property to
themselves nor has the owner of the property designated an individual
to receive the property or paid the required postage to effect delivery
of the property.
(58) "Unlisted aquatic animal species" means a nonnative animal
species that has not been classified as a prohibited aquatic animal
species, a regulated aquatic animal species, or an unregulated aquatic
animal species by the commission.
(59) "Unregulated aquatic animal species" means a nonnative animal
species that has been classified as an unregulated aquatic animal
species by the commission.
(60) "Wholesale fish dealer" means a person who, acting for
commercial purposes, takes possession or ownership of fish or shellfish
and sells, barters, or exchanges or attempts to sell, barter, or
exchange fish or shellfish that have been landed into the state of
Washington or entered the state of Washington in interstate or foreign
commerce.
(61) "Wild animals" means those species of the class Mammalia whose
members exist in Washington in a wild state and the species Rana
catesbeiana (bullfrog). The term "wild animal" does not include feral
domestic mammals or old world rats and mice of the family Muridae of
the order Rodentia.
(62) "Wild birds" means those species of the class Aves whose
members exist in Washington in a wild state.
(63) "Wildlife" means all species of the animal kingdom whose
members exist in Washington in a wild state. This includes but is not
limited to mammals, birds, reptiles, amphibians, fish, and
invertebrates. The term "wildlife" does not include feral domestic
mammals, old world rats and mice of the family Muridae of the order
Rodentia, or those fish, shellfish, and marine invertebrates classified
as food fish or shellfish by the director. The term "wildlife"
includes all stages of development and the bodily parts of wildlife
members.
(64) "Youth" means a person fifteen years old for fishing and under
sixteen years old for hunting.
(65) "Shark fin" means a raw, dried, or otherwise processed
detached fin or tail of a shark.
(66)(a) "Shark fin derivative product" means any product intended
for use by humans or animals that is derived in whole or in part from
shark fins or shark fin cartilage.
(b) "Shark fin derivative product" does not include a drug approved
by the United States food and drug administration and available by
prescription only or medical device or vaccine approved by the United
States food and drug administration.