BILL REQ. #:  S-3779.1 

Read first time 01/20/14.   Referred to Committee on Natural Resources & Parks.

     AN ACT Relating to killing of big game by mistake; and amending RCW 77.15.410.

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

Sec. 1   RCW 77.15.410 and 2012 c 176 s 26 are each amended to read as follows:
     (1) A person is guilty of unlawful hunting of big game in the second degree if the person:
     (a) Hunts for, takes, or possesses big game and the person does not have and possess all licenses, tags, or permits required under this title; or
     (b) Violates any department rule regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game.
     (2) A person is guilty of unlawful hunting of big game in the first degree if the person commits the act described in subsection (1) of this section and:
     (a) The person hunts for, takes, or possesses three or more big game animals within the same course of events; or
     (b) The act occurs within five years of the date of a prior conviction under this title involving unlawful hunting, killing, possessing, or taking big game.
     (3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor. Upon conviction of an offense involving killing or possession of big game taken during a closed season, closed area, without the proper license, tag, or permit using an unlawful method, or in excess of the bag or possession limit, the department shall revoke all of the person's hunting licenses and tags and order a suspension of the person's hunting privileges for two years.
     (b) Unlawful hunting of big game in the first degree is a class C felony. Upon conviction, the department shall revoke all of the person's hunting licenses or tags and order the person's hunting privileges suspended for ten years.
     (4) For the purposes of this section, "same course of events" means within one twenty-four hour period, or a pattern of conduct composed of a series of acts that are unlawful under subsection (1) of this section, over a period of time evidencing a continuity of purpose.
     (5)(a) It is an affirmative defense to a violation of subsection (1)(b) of this section if the hunter kills big game due to a mistaken belief about the sex of the animal and:
     (i) The killing occurred during an open season for the species;
     (ii) The hunter had all licenses, tags, or permits necessary to lawfully hunt the species; and
     (iii) The hunter follows the procedural requirements defined in (b) of this subsection.
     (b) Any hunter claiming the affirmative defense provided by this subsection (5) must:
     (i) Immediately remove all of the entrails of any edible big game and tag the animal in the manner prescribed by the department;
     (ii) Within twenty-four hours after the killing, report the kill to the department by telephone or electronic communication;
     (iii) Within twenty-four hours after the killing, deliver the entire carcass, less entrails, to any fish and wildlife officer within the county the kill occurred for disposition and provide a written, sworn statement to the officer explaining when, where, and how the mistake occurred; and
     (iv) Within ten days of the killing, provide the department full payment of restitution. Restitution is the same as the fee for the license proscribed for the species killed pursuant to RCW 77.32.450.
     (c) The affirmative defense provided by this subsection (5) does not apply to the killing of a bear, elk, or threatened or endangered species as designated by the commission.