BILL REQ. #:  H-4013.1 

READ FIRST TIME 02/05/14.   

     AN ACT Relating to fish and wildlife law enforcement; amending RCW 77.08.075, 77.15.080, 77.15.100, 77.15.120, 77.15.130, 77.15.160, 77.15.170, 77.15.180, 77.15.190, 77.15.240, 77.15.250, 77.15.370, 77.15.380, 77.15.390, 77.15.420, 77.15.425, 77.15.460, 77.15.470, 77.15.480, 77.15.630, 77.15.740, 77.15.770, 77.32.010, 77.65.280, and 77.65.340; reenacting and amending RCW 77.08.010; adding new sections to chapter 77.15 RCW; repealing RCW 77.15.560; and prescribing penalties.

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

Sec. 1   RCW 77.08.010 and 2012 c 176 s 4 are each reenacted and 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) "Anadromous game fish buyer" means a person who purchases or sells steelhead trout and other anadromous game fish harvested by Indian fishers lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director.
     (2) "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.
     (3) "Aquatic invasive species" means any invasive, prohibited, regulated, unregulated, or unlisted aquatic animal or plant species as defined under subsections (4), (34), (49), (53), (((70))) (73), and (((71))) (74) of this section((,)) and aquatic noxious weeds as defined under RCW 17.26.020(5)(c)((, and aquatic nuisance species as defined under RCW 77.60.130(1))).
     (4) "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.
     (5) "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.
     (6) "Building" means a private domicile, garage, barn, or public or commercial building.
     (7) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.
     (8) "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.
     (9) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.
     (10) "Commercial" means related to or connected with buying, selling, or bartering.
     (11) "Commission" means the state fish and wildlife commission.
     (12) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
     (13) "Contraband" means any property that is unlawful to produce or possess.
     (14) "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.
     (15) "Department" means the department of fish and wildlife.
     (16) "Director" means the director of fish and wildlife.
     (17) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.
     (18) "Ex officio fish and wildlife officer" means:
     (a) A commissioned officer of a municipal, county, or state agency having as its primary function the enforcement of criminal laws in general, while the officer is acting in the respective jurisdiction of that agency;
     (b) An officer or special agent commissioned by one of the following: The national marine fisheries service; the Washington state parks and recreation commission; the United States fish and wildlife service; the Washington state department of natural resources; the United States forest service; or the United States parks service, if the agent or officer is in the respective jurisdiction of the primary commissioning agency and is acting under a mutual law enforcement assistance agreement between the department and the primary commissioning agency;
     (c) A commissioned fish and wildlife peace officer from another state who meets the training standards set by the Washington state criminal justice training commission pursuant to RCW 10.93.090, 43.101.080, and 43.101.200, and who is acting under a mutual law enforcement assistance agreement between the department and the primary commissioning agency; or
     (d) A Washington state tribal police officer who successfully completes the requirements set forth under RCW 43.101.157, is employed by a tribal nation that has complied with RCW 10.92.020(2) (a) and (b), and is acting under a mutual law enforcement assistance agreement between the department and the tribal government.
     (19) "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.
     (20) "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.
     (21) "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.
     (22) "Fish buyer" means ((a person engaged by a wholesale fish dealer to purchase food fish or shellfish from a licensed commercial fisher)):
     (a) A wholesale fish dealer or a retail seller who directly receives fish or shellfish from a commercial fisher or receives fish or shellfish in interstate or foreign commerce; or
     (b) A person engaged by a wholesale fish dealer who receives fish or shellfish from a commercial fisher.
     (23) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
     (24) "Food, food waste, or other substance" includes human and pet food or other waste or garbage that could attract large wild carnivores.
     (25) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
     (26) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.
     (27) "Fur dealer" means a person who purchases, receives, or resells raw furs for commercial purposes.
     (28) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.
     (29) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.
     (30) "Game farm" means property on which wildlife is held, confined, propagated, hatched, fed, or otherwise raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.
     (31) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
     (32) "Illegal items" means those items unlawful to be possessed.
     (33)(a) "Intentionally feed, attempt to feed, or attract" means to purposefully or knowingly provide, leave, or place in, on, or about any land or building any food, food waste, or other substance that attracts or could attract large wild carnivores to that land or building.
     (b) "Intentionally feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
     (34) "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.
     (35) "Large wild carnivore" includes wild bear, cougar, and wolf.
     (36) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
     (37) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
     (38) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.
     (39) "Natural person" means a human being.
     (40)(a) "Negligently feed, attempt to feed, or attract" means to provide, leave, or place in, on, or about any land or building any food, food waste, or other substance that attracts or could attract large wild carnivores to that land or building, without the awareness that a reasonable person in the same situation would have with regard to the likelihood that the food, food waste, or other substance could attract large wild carnivores to the land or building.
     (b) "Negligently feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
     (41) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
     (42) "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.
     (43) "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.
     (44) "Owner" means the person in whom is vested the ownership dominion, or title of the property.
     (45) "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.
     (46) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.
     (47) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
     (48) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.
     (49) "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.
     (50) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.
     (51) "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.
     (52) "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.
     (53) "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.
     (54) "Resident" has the same meaning as defined in RCW 77.08.075.
     (55) "Retail-eligible species" means commercially harvested salmon, crab, and sturgeon.
     (56) "Saltwater" means those marine waters seaward of river mouths.
     (57) "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.
     (58) "Senior" means a person seventy years old or older.
     (59) "Shark fin" means a raw, dried, or otherwise processed detached fin or tail of a shark.
     (60)(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.
     (61) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken or possessed except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
     (62) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
     (63) "Taxidermist" means a person who, for commercial purposes, creates lifelike representations of fish and wildlife using fish and wildlife parts and various supporting structures.
     (64) "To fish((,))" (("to harvest," and "to take,")) and ((their)) its derivatives means an effort to kill, injure, harass, harvest, or ((catch)) capture a fish or shellfish.
     (65) "To hunt" and its derivatives means an effort to kill, injure, harass, harvest, or capture((, or harass)) a wild animal or wild bird.
     (66) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
     (67) "To take" and its derivatives means to kill, injure, harvest, or capture a fish, shellfish, wild animal, bird, or seaweed.
     (68) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
     (((68))) (69) "To waste" or "to be wasted" means to allow any edible portion of any game bird, food fish, game fish, shellfish, or big game animal other than cougar to be rendered unfit for human consumption, or to fail to retrieve edible portions of such a game bird, food fish, game fish, shellfish, or big game animal other than cougar from the field. For purposes of this chapter, edible portions of game birds must include, at a minimum, the breast meat of those birds. Entrails, including the heart and liver, of any wildlife species are not considered edible.
     (70) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
     (((69))) (71) "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.
     (((70))) (72) "Unclassified wildlife" means wildlife existing in Washington in a wild state that have not been classified as big game, game animals, game birds, predatory birds, protected wildlife, endangered wildlife, or deleterious exotic wildlife.
     (73) "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.
     (((71))) (74) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission.
     (((72))) (75) "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.
     (((73))) (76) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state. The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.
     (((74))) (77) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
     (((75))) (78) "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.
     (((76))) (79) "Wildlife meat cutter" means a person who packs, cuts, processes, or stores wildlife for consumption for another for commercial purposes.
     (((77))) (80) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting.

Sec. 2   RCW 77.08.075 and 2012 c 176 s 5 are each amended to read as follows:
     For the purposes of this title or rules adopted under this title, "resident" means:
     (1) A natural 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, is not licensed to hunt or fish as a resident in another state or country, and is not receiving resident benefits of another state or country.
     (a) For purposes of this section, "permanent place of abode" means a residence in this state that a person maintains for personal use.
     (b) A natural person can demonstrate that the person has maintained a permanent place of abode in Washington by showing that the person:
     (i) Uses a Washington state address for federal income tax or state tax purposes;
     (ii) Designates this state as the person's residence for obtaining eligibility to hold a public office or for judicial actions;
     (iii) Is a registered voter in the state of Washington; or
     (iv) Is a custodial parent with a child attending prekindergarten, kindergarten, elementary school, middle school, or high school in this state.
     (c) A natural person can demonstrate the intent to continue residing within the state by showing that he or she:
     (i) Has a valid Washington state driver's license; or
     (ii) Has a valid Washington state identification card, if the person is not eligible for a Washington state driver's license; and
     (iii) Has registered the person's vehicle or vehicles in Washington state;
     (2) The spouse of a member of the United States armed forces if the member qualifies as a resident under subsection (1), (3), or (4) of this section, or a natural person age eighteen or younger who does not qualify as a resident under subsection (1) of this section, but who has a parent or legal guardian who qualifies as a resident under subsection (1), (3), or (4) of this section;
     (3) A member of the United States armed forces temporarily stationed in Washington state on predeployment orders. A copy of the person's military orders is required to meet this condition;
     (4) ((A)) An active duty, nonretired member of the United States armed forces who is permanently stationed in Washington ((state)) or who designates Washington ((state)) on ((their)) his or her military "state of legal residence certificate" or enlistment or re-enlistment documents. A copy of the person's "state of legal residence certificate" or enlistment or re-enlistment documents is required to meet the conditions of this subsection.

Sec. 3   RCW 77.15.080 and 2012 c 176 s 9 are each amended to read as follows:
     (1) Based upon articulable facts that a person is engaged in fishing, harvesting, or hunting activities, fish and wildlife officers and ex officio fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish, shellfish, seaweed, and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title. Fish and wildlife officers and ex officio fish and wildlife officers also may request that the person write his or her signature for comparison with the signature on his or her fishing, harvesting, or hunting license. Failure to comply with the request is prima facie evidence that the person is not the person named on the license. Fish and wildlife officers and ex officio fish and wildlife officers may require the person, if age sixteen or older, to exhibit a driver's license or other photo identification.
     (2) Based upon articulable facts that a person is transporting a prohibited aquatic animal species or any aquatic plant, fish and wildlife officers and ex officio fish and wildlife officers have the authority to temporarily stop the person and inspect the watercraft to ensure that the watercraft and associated equipment are not transporting prohibited aquatic animal species or aquatic plants.

Sec. 4   RCW 77.15.100 and 2012 c 176 s 10 are each amended to read as follows:
     (1) Fish, shellfish, and wildlife are property of the state under RCW 77.04.012. Fish and wildlife officers may sell seized, commercially ((harvested)) taken or possessed fish and shellfish to a wholesale buyer and deposit the proceeds into the fish and wildlife enforcement reward account under RCW 77.15.425. Seized, recreationally ((harvested)) taken or possessed fish, shellfish, and wildlife may be donated to nonprofit charitable organizations. The charitable organization must qualify for tax-exempt status under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.
     (2) Unless otherwise provided in this title, fish, shellfish, or wildlife taken((,)) or possessed((, or harvested)) in violation of this title or department rule shall be forfeited to the state upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions. For criminal cases resulting in other types of dispositions, the fish, shellfish, or wildlife may be returned, or its equivalent value paid, if the fish, shellfish, or wildlife have already been donated or sold.

Sec. 5   RCW 77.15.120 and 2000 c 107 s 236 are each amended to read as follows:
     (1)(a) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if the person hunts, fishes, possesses, maliciously harasses, or kills fish or wildlife, or ((maliciously)) knowingly destroys the ((nests or)) eggs, active nests, or perennial nests of fish or wildlife, and the fish or wildlife is designated by the commission as endangered, and the taking has not been authorized by rule of the commission or a permit issued by a state or federal agency.
     (b) For the purposes of this subsection:
     (i) "Active nests" means nests that are attended by an adult or contain eggs or young.
     (ii) "Perennial nests" means nests that are likely to be reused annually regardless of whether they are active or not.
     (2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been:
     (a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the ((killing, possessing, harassing, or harming)) taking, possessing, or malicious harassment of endangered fish or wildlife; and
     (b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section.
     (3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor.
     (b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title to be suspended for two years.

Sec. 6   RCW 77.15.130 and 2012 c 176 s 14 are each amended to read as follows:
     (1)(a) A person is guilty of unlawful taking of protected fish or wildlife if:
     (((a))) (i) The person hunts, fishes for, maliciously takes, harasses, or possesses((, or maliciously kills protected)) fish or wildlife, or the person possesses or maliciously destroys the eggs or active nests of ((protected)) fish or wildlife((,)) designated by the commission as protected, other than species designated as threatened or sensitive, and the taking has not been authorized by rule of the commission or a permit issued pursuant to RCW 77.12.240; ((or
     (b))) (ii) The person violates any rule of the commission regarding the taking, ((harming, harassment,)) harassing, or possession((, or transport)) of protected fish or wildlife; or
     (iii) The person hunts, fishes for, intentionally takes, harasses, or possesses fish or wildlife, or the person possesses or intentionally destroys the eggs, active nests, or perennial nests of fish or wildlife designated by the commission as threatened or sensitive, and the taking has not been authorized by rule of the commission or a permit issued by a state or federal agency.
     (b) For the purposes of this subsection:
     (i) "Active nests" means nests that are attended by an adult or contain eggs or young.
     (ii) "Perennial nests" means nests that are likely to be reused annually regardless of whether they are active or not.
     (2) Unlawful taking of protected fish or wildlife is a misdemeanor.
     (3) In addition to the penalties set forth in subsection (2) of this section, if a person is convicted of violating this section and the violation results in the death of protected wildlife listed in this subsection, the court shall require payment of the following amounts for each animal ((killed)) taken or possessed. This is a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425:
     (a) Ferruginous hawk, two thousand dollars;
     (b) Common loon, two thousand dollars;
     (c) Bald eagle, two thousand dollars;
     (d) Golden eagle, two thousand dollars; and
     (e) Peregrine falcon, two thousand dollars.
     (4) If two or more persons are convicted under subsection (1) of this section, and subsection (3) of this section is applicable, the criminal wildlife penalty assessment must be imposed against the persons jointly and ((separately)) severally.
     (5)(a) The criminal wildlife penalty assessment under subsection (3) of this section must be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this section. The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect.
     (b) This subsection may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
     (6) A defaulted criminal wildlife penalty assessment authorized under subsection (3) of this section may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence.
     (7) The department shall revoke the hunting license and suspend the hunting privileges of a person assessed a criminal wildlife penalty assessment under this section until the penalty assessment is paid through the registry of the court in which the penalty assessment was assessed.
     (8) The criminal wildlife penalty assessments provided in subsection (3) of this section must be doubled in the following instances:
     (a) When a person commits a violation that requires payment of a criminal wildlife penalty assessment within five years of a prior gross misdemeanor or felony conviction under this title; or
     (b) When the trier of fact determines that the person ((killed)) took or possessed the protected wildlife in question with the intent of bartering, selling, or otherwise deriving economic profit from the wildlife or wildlife parts.

Sec. 7   RCW 77.15.160 and 2013 c 307 s 2 are each amended to read as follows:
     The following acts are infractions and must be cited and punished as provided under chapter 7.84 RCW:
     (1) Fishing and shellfishing infractions:
     (a) Barbed hooks: Fishing for personal use with barbed hooks in violation of any department rule.
     (b) Catch recording: Failing to immediately record a catch of fish or shellfish on a catch record card as required by RCW 77.32.430 or department rule.
     (c) Catch reporting: Failing to return a catch record card to the department for other than Puget Sound Dungeness crab, as required by department rule.
     (d) Recreational fishing: Fishing for fish or shellfish ((and)), without yet possessing fish or shellfish, the person:
     (i) Owns, but fails to have in the person's possession, the license or the catch record card required by chapter 77.32 RCW for such an activity; or
     (ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of fishing for fish or shellfish. This subsection does not apply to use of a net to take fish under RCW 77.15.580 or the unlawful use of shellfish gear for personal use under RCW 77.15.382.
     (e) Seaweed: Taking((,)) or possessing((, or harvesting)) less than two times the daily possession limit of seaweed:
     (i) While owning, but not having in the person's possession, the license required by chapter 77.32 RCW; or
     (ii) In violation of any rule of the department or the department of natural resources regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of taking((,)) or possessing((, or harvesting of)) seaweed.
     (f) Unclassified fish or shellfish: Fishing for or taking unclassified fish or shellfish in violation of ((any department rule by killing, fishing, taking, holding, possessing, or maliciously injuring or harming fish or shellfish that is not classified as game fish, food fish, shellfish, protected fish, or endangered fish)) this title or department rule.
     (g) Wasting fish or shellfish: ((Killing,)) Taking((,)) or possessing food fish, game fish, or shellfish having a value of less than two hundred fifty dollars and recklessly allowing the fish or shellfish to be wasted.
     (2) Hunting infractions:
     (a) Eggs or nests: Maliciously, and without permit authorization, destroying, taking, or harming the eggs or active nests of a wild bird or wild animal not classified as endangered or protected. For purposes of this subsection, "active nests" means nests that are attended by an adult or contain eggs or ((fledglings)) young.
     (b) Unclassified wildlife: Hunting for, harassing, or taking unclassified wildlife in violation of ((any department rule by killing, hunting, taking, holding, possessing, or maliciously injuring or harming wildlife that is not classified as big game, game animals, game birds, protected wildlife, or endangered wildlife)) this title or department rule.
     (c) Wasting wildlife: ((Killing,)) Taking((,)) or possessing wildlife ((that is not)) classified as ((big)) game birds and ((has)) having a value of less than two hundred fifty dollars, and recklessly allowing the ((wildlife)) game birds to be wasted.
     (d) Wild animals: Hunting for wild animals not classified as big game or threatened or endangered and, without yet possessing the wild animals, the person owns, but fails to have in the person's possession, all licenses, tags, or permits required by this title.
     (e) Wild birds: Hunting for and, without yet possessing a wild bird or birds, the person:
     (i) Owns, but fails to have in the person's possession, all licenses, tags, stamps, and permits required under this title; or
     (ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of hunting wild birds.
     (3) Trapping, taxidermy, fur dealing, ((and)) wildlife meat cutting, and wildlife rehabilitator infractions:
     (a) Recordkeeping and reporting: If a person is a taxidermist, fur dealer, or wildlife meat cutter who is processing, holding, or storing wildlife for commercial purposes, failing to:
     (i) Maintain records as required by department rule; or
     (ii) Report information from these records as required by department rule.
     (b) Trapper's report: Failing to report trapping activity as required by department rule.
     (c) Wildlife rehabilitator's recordkeeping and reporting: If a person is a primary permittee or a subpermittee on a wildlife rehabilitation permit issued by the department, failing to:
     (i) Maintain records as required by department rule; or
     (ii) Report information from these records as required by department rule.
     (4) Aquatic invasive species infraction: Entering Washington by road and transporting a recreational or commercial watercraft that has been used outside of Washington without meeting documentation requirements as provided under RCW 77.12.879.
     (5) Other infractions:
     (a) Contests: Unlawfully conducting, holding, or sponsoring a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife.
     (b) Other rules: Violating any other department rule that is designated by rule as an infraction.
     (c) Posting signs: Posting signs preventing hunting or fishing on any land not owned or leased by the person doing the posting, or without the permission of the person who owns, leases, or controls the land posted.
     (d) Scientific permits: Using a scientific permit issued by the director for fish, shellfish, or wildlife, but not including big game or big game parts, and the person:
     (i) Violates any terms or conditions of the scientific permit; or
     (ii) Violates any department rule applicable to the issuance or use of scientific permits.
     (e) Transporting aquatic plants: Unlawfully transporting aquatic plants on any state or public road, including forest roads. However:
     (i) This subsection does not apply to plants that are:
     (A) Being transported 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) Legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes;
     (C) Located within or on a commercial aquatic plant harvester that is being transported to a suitable location to remove aquatic plants;
     (D) Being transported in a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or
     (E) Being transported in such a way as the commission may otherwise prescribe; and
     (ii) This subsection does not apply to a person who:
     (A) Is stopped at an aquatic invasive species check station and possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive plant species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or
     (B) Has voluntarily submitted a recreational or commercial watercraft for inspection by the department or its designee and has received a receipt verifying that the watercraft has not been contaminated since its last use.

Sec. 8   RCW 77.15.170 and 2012 c 176 s 16 are each amended to read as follows:
     (1) A person is guilty of waste of fish and wildlife if the person:
     (a) ((The person kills,)) Takes((,)) or possesses wildlife classified as food fish, game fish, shellfish, or ((wildlife)) game birds 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.
     (2) Waste of fish and wildlife 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 for a period of one year.
     (3) It is prima facie evidence of waste if:
     (a) 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; or
     (b) A person brings a big game animal to a wildlife meat cutter and then abandons the animal. For purposes of this subsection (3)(b), a big game animal is deemed to be abandoned when its carcass is placed in the custody of a wildlife meat cutter for butchering and processing and:
     (i) Having been placed in such custody for an unspecified period of time, the meat is not removed within thirty days after the wildlife meat cutter gives notice to the person who brought in the carcass or, having been so notified, the person who brought in the carcass refuses or fails to pay the agreed upon or reasonable charges for the butchering or processing of the carcass; or
     (ii) Having been placed in such custody for a specified period of time, the meat is not removed at the end of the specified period or the person who brought in the carcass refuses to pay the agreed upon or reasonable charges for the butchering or processing of the carcass.

Sec. 9   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)) Removes 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.
     (3) A person is guilty of unlawful interference with fishing or hunting gear in the first degree if the person:
     (a) ((Takes)) Removes 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. 10   RCW 77.15.190 and 2012 c 176 s 17 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, wild birds, game animals, or furbearing mammals and does not possess ((all)) the licenses, tags, or permits required under this title;
     (b) Violates any department rule regarding seasons, bag, or possession limits, closed areas including game reserves, closed times, or any other rule governing the trapping of wild animals or wild birds, with the exception of reporting rules; 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.

Sec. 11   RCW 77.15.240 and 2012 c 176 s 18 are each amended to read as follows:
     (1)(a) A person is guilty of unlawful use of dogs if the person:
     (((a))) (i) Negligently fails to prevent a dog under the person's control from pursuing, harassing, attacking, or killing deer, elk, moose, caribou, mountain sheep, or animals classified as endangered under this title; or
     (((b))) (ii) Uses the dog to hunt deer or elk.
     (((2))) (b) For the purposes of this subsection, a dog is "under a person's control" if the dog is owned or possessed by, or in the custody of, a person.
     (((3))) (2) Unlawful use of dogs is a misdemeanor.
     (((4))) (3)(a) Based on a reasonable belief that a dog is pursuing, harassing, attacking, or killing a ((snow bound)) deer, elk, moose, caribou, mountain sheep, or animals classified as protected or endangered under this title, fish and wildlife officers and ex officio fish and wildlife officers may:
     (i) Lawfully take a dog into custody; or
     (ii) If necessary to avoid repeated harassment, injury, or death of wildlife under this section, destroy the dog.
     (b) Fish and wildlife officers and ex officio fish and wildlife officers who destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions.
     (4)(a) This section does not apply to a person using a dog to conduct a department-approved and controlled hazing activity.
     (b) For the purposes of this subsection, "hazing" means the act of chasing or herding wildlife in an effort to move them from one location to another.

Sec. 12   RCW 77.15.250 and 2001 c 253 s 32 are each amended to read as follows:
     (1)(a) A person is guilty of unlawfully releasing, planting, possessing, or placing fish, shellfish, or wildlife if the person knowingly releases, plants, possesses, or places live fish, shellfish, wildlife, or aquatic plants within the state in violation of this title or rule of the department, and the fish, shellfish, or wildlife have not been classified as deleterious wildlife. This subsection does not apply to a release of game fish into private waters for which a game fish stocking permit has been obtained, or the planting of fish or shellfish by permit of the commission.
     (b) A violation of this subsection is a gross misdemeanor. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, aquatic plants, ((or wildlife released or its progeny)) wildlife, or progeny unlawfully released, planted, possessed, or placed. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, or controlling the fish, shellfish, aquatic plants, ((or)) wildlife ((released or their progeny, or restoration of habitat necessitated by the unlawful release)), or progeny unlawfully released, planted, possessed, or placed, or the costs of habitat restoration necessitated by the unlawful release, planting, possession, or placing.
     (2)(a) A person is guilty of ((unlawful release of)) unlawfully releasing, planting, possessing, or placing deleterious exotic wildlife if the person knowingly releases, plants, possesses, or places live fish, shellfish, or wildlife within the state in violation of this title or rule of the department, and ((such)) the fish, shellfish, or wildlife ((has)) have been classified as deleterious exotic wildlife by rule of the commission.
     (b) A violation of this subsection is a class C felony. In addition, the department shall ((also)) order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, ((or)) wildlife ((released or its progeny)), or progeny unlawfully released, planted, possessed, or placed. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, or controlling the fish, shellfish, ((or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release)) wildlife, or progeny unlawfully released, planted, possessed, or placed, or the costs of habitat restoration necessitated by the unlawful release, planting, possession, or placing.

Sec. 13   RCW 77.15.370 and 2012 c 176 s 22 are each amended to read as follows:
     (1) A person is guilty of unlawful recreational fishing in the first degree if:
     (a) The person takes((,)) or possesses((, or retains)) two times or more than the bag limit or possession limit of fish or shellfish allowed by any rule of the director or commission setting the amount of food fish, game fish, or shellfish that can be taken((,)) or possessed((, or retained)) for noncommercial use;
     (b) The person fishes in a fishway;
     (c) The person shoots, gaffs, snags, snares, spears, dipnets, or stones fish or shellfish in state waters, or possesses fish or shellfish taken by such means, unless such means are authorized by express department rule;
     (d) The person fishes for or possesses a fish listed as threatened or endangered in 50 C.F.R. Sec. 223.102 (2006) or Sec. 224.101 (2010), unless fishing for ((or possession of)) or possessing such fish is specifically allowed under federal or state law;
     (e) The person takes or possesses a white sturgeon measuring in excess of the maximum size limit as established by rules adopted by the department; ((or))
     (f) ((The person possesses a salmon or steelhead during a season closed for that species)) The person possesses a green sturgeon of any size; or
     (g)(i) The person possesses a wild salmon or wild steelhead during a season closed for wild salmon or wild steelhead.
     (ii) For the purposes of this subsection:
     (A) "Wild salmon" means a salmon with an unclipped adipose fin, regardless of whether the salmon's ventral fin is clipped.
     (B) "Wild steelhead" means a steelhead with no fins clipped.
     (2) Unlawful recreational fishing in the first degree is a gross misdemeanor.
     (3) In addition to the penalties set forth in subsection (2) of this section, if a person is convicted of violating this section and the violation results in the death of fish listed in this subsection, the court shall require payment of the following amounts for each fish taken or possessed. This is a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425:
     (a) White sturgeon longer than fifty-five inches in fork length, two thousand dollars;
     (b) Green sturgeon, two thousand dollars; and
     (c) Wild salmon or wild steelhead, five hundred dollars.
     (4) If two or more persons are convicted under subsection (1) of this section, and subsection (3) of this section is applicable, the criminal wildlife penalty assessment must be imposed against the persons jointly and severally.
     (5)(a) The criminal wildlife penalty assessment under subsection (3) of this section must be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this section. The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect.
     (b) This subsection may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
     (6) A defaulted criminal wildlife penalty assessment authorized under subsection (3) of this section may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence.
     (7) The department shall revoke the fishing license and suspend the fishing privileges of a person assessed a criminal wildlife penalty assessment under this section until the penalty assessment is paid through the registry of the court in which the penalty assessment was assessed.
     (8) The criminal wildlife penalty assessments provided in subsection (3) of this section must be doubled in the following instances:
     (a) When a person commits a violation that requires payment of a criminal wildlife penalty assessment within five years of a prior gross misdemeanor or felony conviction under this title; or
     (b) When the trier of fact determines that the person took or possessed the fish in question with the intent of bartering, selling, or otherwise deriving economic profit from the fish or fish parts.

Sec. 14   RCW 77.15.380 and 2012 c 176 s 23 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 fish or shellfish and, whether or not the person possesses fish or shellfish, the person has not purchased the appropriate fishing or shellfishing license and catch record card issued to Washington residents or nonresidents under chapter 77.32 RCW.
     (2) A person is guilty of unlawful recreational fishing in the second degree if the person takes((,)) or possesses((, or harvests)) fish or shellfish and:
     (a) The person owns, but does not have in the person's possession, the license or the catch record card required by chapter 77.32 RCW for such activity; or
     (b) The action violates any department rule 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 for, taking, or ((possession of)) possessing fish or shellfish. This section does not apply to use of a net to take fish under RCW 77.15.580 or the unlawful use of shellfish gear for personal use under RCW 77.15.382.
     (3) Unlawful recreational fishing in the second degree is a misdemeanor.

Sec. 15   RCW 77.15.390 and 2012 c 176 s 24 are each amended to read as follows:
     (1) A person is guilty of unlawful taking of seaweed if the person takes((,)) or possesses((, or harvests)) seaweed and:
     (a) The person has not purchased a personal use shellfish and seaweed license issued to Washington residents or nonresidents under chapter 77.32 RCW; or
     (b) The person takes((,)) or possesses((, or harvests)) seaweed in an amount that is two times or more of the daily possession limit of seaweed.
     (2) Unlawful taking of seaweed is a misdemeanor. This does not affect rights of the state to recover civilly for trespass, conversion, or theft of state-owned valuable materials.

Sec. 16   RCW 77.15.420 and 2005 c 406 s 5 are each amended to read as follows:
     (1) If a person is convicted of violating RCW 77.15.410 and that violation results in the death of wildlife listed in this section, the court shall require payment of the following amounts for each animal ((killed)) taken or possessed. This shall be a criminal wildlife penalty assessment that shall be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425.

Sec. 17   RCW 77.15.425 and 2009 c 333 s 18 are each amended to read as follows:
     The fish and wildlife enforcement reward account is created in the custody of the state treasurer. Deposits to the account include: Receipts from fish and shellfish overages as a result of a department enforcement action; fees for hunter education deferral applications; fees for master hunter applications and master hunter certification renewals; all receipts from criminal wildlife penalty assessments under RCW 77.15.370, 77.15.400, and 77.15.420; all receipts of court-ordered restitution or donations associated with any fish, shellfish, or wildlife enforcement action; and proceeds from forfeitures and evidence pursuant to RCW 77.15.070 and 77.15.100. The department may accept money or personal property from persons under conditions requiring the property or money to be used consistent with the intent of expenditures from the fish and wildlife enforcement reward account. Expenditures from the account may be used only for investigation and prosecution of fish and wildlife offenses, to provide rewards to persons informing the department about violations of this title and rules adopted under this title, to offset department-approved costs incurred to administer the hunter education deferral program and the master hunter (([permit])) permit program, and for other valid enforcement uses as determined by the commission. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 18   RCW 77.15.460 and 2012 c 176 s 28 are each amended to read as follows:
     (1) A person is guilty of unlawful possession of a loaded rifle or shotgun in a motor vehicle, as defined in RCW 46.04.320, or upon an off-road vehicle, as defined in RCW 46.04.365, if:
     (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in a motor vehicle, or upon an off-road vehicle, except as allowed by department rule; and
     (b) 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.
     (2) A person is guilty of unlawful use of a loaded firearm if:
     (a) The person negligently discharges a firearm from, across, or along the maintained portion of a public highway; or
     (b) The person discharges a firearm from within a moving motor vehicle or from upon a moving off-road vehicle.
     (3) Unlawful possession of a loaded rifle or shotgun in a motor vehicle or upon an off-road vehicle, and unlawful use of a loaded firearm are misdemeanors.
     (4) 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; or
     (c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle ((or a nonmoving off-road vehicle)), as long as the engine is turned off and the motor vehicle ((or off-road vehicle)) is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule. This subsection (4)(c) does not apply to off-road vehicles, which are unlawful to use for hunting under RCW 46.09.480, unless the person has a department permit issued under RCW 77.32.237.
     (5) For purposes of subsection (1) of this section, a rifle or shotgun shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the rifle or shotgun.

Sec. 19   RCW 77.15.470 and 2000 c 107 s 246 are each amended to read as follows:
     (1) A person is guilty of unlawfully avoiding wildlife check stations or field inspections if the person fails to:
     (a) Obey check station signs;
     (b) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer or if directed by an ex officio fish and wildlife officer participating in a department-authorized check station; or
     (c) Produce for inspection upon request by a fish and wildlife officer or ex officio fish and wildlife officer: (i) Hunting or fishing equipment; (ii) seaweed, fish, shellfish, or wildlife; or (iii) licenses, permits, tags, stamps, or catch record cards required by this title.
     (2) Unlawfully avoiding wildlife check stations or field inspections is a gross misdemeanor.
     (3) Wildlife check stations may not be established upon interstate highways or state routes.

Sec. 20   RCW 77.15.480 and 2001 c 253 s 42 are each amended to read as follows:
     Articles or devices unlawfully used, possessed, or maintained for ((catching,)) taking, ((killing,)) harassing, attracting, or decoying wildlife, fish, and shellfish are public nuisances. If necessary, fish and wildlife officers and ex officio fish and wildlife officers may seize, abate, or destroy these public nuisances without warrant or process.

Sec. 21   RCW 77.15.630 and 2012 c 176 s 31 are each amended to read as follows:
     (1) A person ((who acts in the capacity of a wholesale fish dealer, anadromous game fish buyer, or a fish buyer is guilty of unlawful fish and shellfish catch accounting in the second degree if the person:
     (a) Possesses or receives fish or shellfish for commercial purposes worth less than two hundred fifty dollars; and
     (b))) licensed as a commercial fisher, wholesale fish dealer, direct retail seller, anadromous game fish buyer, or a fish buyer, or a person not so licensed but acting in such a capacity, is guilty of unlawful fish and shellfish catch accounting in the second degree if he or she receives or delivers for commercial purposes fish or shellfish worth less than two hundred fifty dollars; and
     (a) Fails to document such fish or shellfish with a fish-receiving ticket or other documentation required by statute or department rule; ((or
     (c))) (b) Fails to sign the fish receiving ticket or other required documentation, fails to provide all of the information required by statute or department rule on the fish receiving ticket or other documentation, or both; or
     (c) Fails to submit the fish receiving ticket to the department as required by statute or department rule.
     (2) A person is guilty of unlawful fish and shellfish catch accounting in the first degree if the person commits ((the)) an act described by subsection (1) of this section and:
     (a) The violation involves fish or shellfish worth two hundred fifty dollars or more;
     (b) The person acted with knowledge that the fish or shellfish were taken from a closed area, at a closed time, or by a person not licensed to take such fish or shellfish for commercial purposes; or
     (c) The person acted with knowledge that the fish or shellfish were taken in violation of any tribal law.
     (3)(a) Unlawful fish and shellfish catch accounting in the second degree is a gross misdemeanor.
     (b) Unlawful fish and shellfish catch accounting in the first degree is a class C felony. Upon conviction, the department shall suspend all privileges to engage in fish buying or dealing for two years.
     (4) For the purposes of this section:
     (a) A person "receives" fish or shellfish when title or control of the fish or shellfish is transferred or conveyed to the person.
     (b) A person "delivers" fish or shellfish when title or control of the fish or shellfish is transferred or conveyed from the person.

Sec. 22   RCW 77.15.740 and 2012 c 176 s 37 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, it is unlawful to:
     (a) Cause a vessel or other object to approach, in any manner, within two hundred yards of a southern resident orca whale;
     (b) Position a vessel to be in the path of a southern resident orca whale at any point located within four hundred yards of the whale. This includes intercepting a southern resident orca whale by positioning a vessel so that the prevailing wind or water current carries the vessel into the path of the whale at any point located within four hundred yards of the whale;
     (c) Fail to disengage the transmission of a vessel that is within two hundred yards of a southern resident orca whale; or
     (d) Feed a southern resident orca whale.
     (2) A person is exempt from subsection (1) of this section if that person is:
     (a) Operating a federal government vessel in the course of his or her official duties, or operating a state, tribal, or local government vessel when engaged in official duties involving law enforcement, search and rescue, or public safety;
     (b) Operating a vessel in conjunction with a vessel traffic service established under 33 C.F.R. and following a traffic separation scheme, or complying with a vessel traffic service measure of direction. This also includes support vessels escorting ships in the traffic lanes, such as tug boats;
     (c) Engaging in an activity, including scientific research, pursuant to a permit or other authorization from the national marine fisheries service and the department;
     (d) Lawfully engaging in a treaty Indian or commercial fishery that is actively setting, retrieving, or closely tending fishing gear;
     (e) Conducting vessel operations necessary to avoid an imminent and serious threat to a person, vessel, or the environment, including when necessary for overall safety of navigation and to comply with state and federal navigation requirements; or
     (f) Engaging in rescue or clean-up efforts of a beached southern resident orca whale overseen, coordinated, or authorized by a volunteer stranding network.
     (3) For the purpose of this section, "vessel" includes aircraft((, canoes, fishing vessels, kayaks, personal watercraft, rafts, recreational vessels, tour boats, whale watching boats, vessels engaged in whale watching activities, or other small craft including power boats and sailboats)) while on the surface of the water, and every description of watercraft on the water that is used or capable of being used as a means of transportation on the water. However, "vessel" does not include inner tubes, air mattresses, sailboards, and small rafts, or flotation devices or toys customarily used by swimmers.
     (4)(a) A violation of this section is a natural resource infraction punishable under chapter 7.84 RCW and carries a fine of five hundred dollars, not including statutory assessments added pursuant to RCW 3.62.090.
     (b) A person who qualifies for an exemption under subsection (2) of this section may offer that exemption as an affirmative defense, which that person must prove by a preponderance of the evidence.

Sec. 23   RCW 77.15.770 and 2011 c 324 s 2 are each amended 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 July 22, 2011.))

NEW SECTION.  Sec. 24   A new section is added to chapter 77.15 RCW to read as follows:
     (1) It is unlawful for any person to possess in Washington any fish, shellfish, or wildlife that the person knows was taken in another state or country in violation of that state's or country's laws or regulations relating to licenses or tags, seasons, areas, methods, or bag or possession limits.
     (2) As used in this section, the terms "fish," "shellfish," and "wildlife" have the meaning ascribed to those terms in the applicable law or regulation of the state or country of the fish's, shellfish's, or wildlife's origin.
     (3) Unlawful possession of fish, shellfish, or wildlife taken or possessed in violation of another state's or country's laws or regulations is a gross misdemeanor.

NEW SECTION.  Sec. 25   A new section is added to chapter 77.15 RCW to read as follows:
     (1) A person is guilty of engaging in wildlife rehabilitation without a permit if the person captures, transports, treats, feeds, houses, conditions, or trains injured, diseased, oiled, or abandoned wildlife without department authority for temporary actions or a wildlife rehabilitation permit issued by the department.
     (2) A person who is a primary permittee or subpermittee on a wildlife rehabilitation permit issued by the department is guilty of unlawful use of a wildlife rehabilitation permit if the person violates any permit provisions or department rules pertaining to wildlife rehabilitation other than those addressing recordkeeping and reporting requirements.
     (3) A violation of this section is a misdemeanor.

Sec. 26   RCW 77.32.010 and 2011 c 320 s 19 are each amended to read as follows:
     (1) Except as otherwise provided in this chapter or department rule, a recreational license issued by the director is required to hunt ((for or take wild animals or wild birds, fish for, take, or harvest fish, shellfish, and)), fish, or take wildlife or seaweed. A recreational fishing or shellfish license is not required for carp, smelt, and crawfish, and a hunting license is not required for bullfrogs.
     (2) A pass or permit issued under RCW 79A.80.020, 79A.80.030, or 79A.80.040 is required to park or operate a motor vehicle on a recreation site or lands, as defined in RCW 79A.80.010.
     (3) ((During the 2009-2011 fiscal biennium to enable the implementation of the pilot project established in section 307, chapter 329, Laws of 2008,)) The commission may, by rule, indicate that a fishing permit issued to a nontribal member by the Colville Tribes shall satisfy the license requirements in subsection (1) of this section on the waters of Lake Rufus Woods and on the north shore of Lake Rufus Woods, and that a Colville Tribes tribal member identification card shall satisfy the license requirements in subsection (1) of this section on all waters of Lake Rufus Woods.

Sec. 27   RCW 77.65.280 and 2013 c 23 s 244 are each amended to read as follows:
     (1) A wholesale fish dealer's license is required for:
     (((1))) (a) A business in the state to engage in the commercial processing of food fish or shellfish, including custom canning or processing of personal use food fish or shellfish.
     (((2))) (b) A business in the state to engage in the wholesale selling, buying, or brokering of food fish or shellfish. A wholesale fish dealer's license is not required of those businesses which buy exclusively from Washington licensed wholesale dealers and sell solely at retail.
     (((3))) (c) Fishers who land and sell their catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state, unless the fisher has a direct retail endorsement.
     (((4))) (d) A business to engage in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other by-products from food fish or shellfish.
     (((5))) (e) A business ((employing)) engaging a fish buyer as defined under RCW 77.65.340.
     (2) The annual license fee for a wholesale dealer is two hundred fifty dollars. The application fee is one hundred five dollars. A wholesale fish dealer's license is not required for persons engaged in the processing, wholesale selling, buying, or brokering of private sector cultured aquatic products as defined in RCW 15.85.020. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.

Sec. 28   RCW 77.65.340 and 2013 c 23 s 245 are each amended to read as follows:
     (1) A fish buyer's license is required of and shall be carried by each individual engaged by a wholesale fish dealer to purchase food fish or shellfish from a ((licensed)) commercial fisher. A fish buyer may represent only one wholesale fish dealer.
     (2) The annual fee for a fish buyer's license is ninety-five dollars. The application fee is one hundred five dollars.

NEW SECTION.  Sec. 29   RCW 77.15.560 (Commercial fish, shellfish harvest or delivery -- Failure to report -- Penalty) and 1998 c 190 s 41 are each repealed.

NEW SECTION.  Sec. 30   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.