SENATE BILL REPORT

SB 6400

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed Senate, February 11, 2016

Title: An act relating to the technical changes that clarify fish and wildlife enforcement laws.

Brief Description: Concerning technical changes that clarify fish and wildlife enforcement laws.

Sponsors: Senators Hewitt, Hargrove and Warnick; by request of Department of Fish and Wildlife.

Brief History:

Committee Activity: Natural Resources & Parks: 1/28/16, 2/04/16 [DP].

Passed Senate: 2/11/16, 49-0.

SENATE COMMITTEE ON NATURAL RESOURCES & PARKS

Majority Report: Do pass.

Signed by Senators Pearson, Chair; Dansel, Vice Chair; Jayapal, Ranking Member; Chase, Fraser, Hewitt and Warnick.

Staff: Bonnie Kim (786-7316)

Background: The Washington Department of Fish and Wildlife (WDFW) is responsible for issuing recreational hunting and fishing licenses at fees set in statute for each license type. WDFW also has authority to enforce statutory and regulatory hunting and fishing laws.

Unlawful Recreational Fishing in the First Degree. A person is guilty of unlawful recreational fishing in the first degree if the person:

Unlawful recreational fishing in the first degree is a gross misdemeanor.

Unlawful Hunting of Wild Birds in the Second Degree. A person is guilty of unlawful hunting of wild birds in the second degree if the person:

  1. Hunts for wild birds and, whether or not the person possesses wild birds, the person has not purchased the appropriate hunting license; or

  2. Takes or possesses less than two times the bag or possession limit of wild birds and either:

    1. owns, but does not possess, all required licenses; or

    2. violates any rule regarding seasons, bag or possession limits, closed areas, closed times, or the manner or method of hunting or possession of wild birds.

Unlawful hunting of wild birds in the second degree is a misdemeanor.

Unlawful Hunting of Big Game. A person is guilty of unlawful hunting of big game in the second degree if the person:

A person is guilty of unlawful hunting of big game in the first degree if the person commits the acts for unlawful hunting of big game in the second degree and:

Unlawful hunting of big game in the second degree is a gross misdemeanor. Unlawful hunting of big game in the first degree is a class C felony.

If an adult offender is convicted of unlawful hunting of big game in the first or second degree and that violation results in the death of certain big game animals, the court must require payment of a criminal wildlife penalty assessment. Imposition of the penalty assessment results in revocation of the person's hunting license and suspension of all hunting privileges until the assessment is paid.

Summary of Bill: Unlawful Recreational Fishing in the First Degree. Clarifies that a salmon is considered to have an unclipped adipose fin if it does not have a healed scar at the location of the clipped adipose fin.

Unlawful Hunting of Wild Birds in the Second Degree. Makes a technical correction to add tags, stamps, and permits to the list of appropriate types of hunting licenses required to hunt for wild birds.

Unlawful Hunting of Big Game. Clarifies that the revocation and suspension that results when assessed the criminal wildlife penalty assessment is imposed are in addition to and runs concurrently with any other revocation and suspension required by law.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: WDFW sees a number of violations. These amendments were recommended by field staff who have struggled with issues while prosecuting offenders.

Persons Testifying: PRO: Senator Hewitt, prime sponsor; Mike Hobbs, WDFW.

Persons Signed In To Testify But Not Testifying: No one.