SENATE BILL REPORT

SB 5818

BYSenators Metcalf and Owen

Changing food fish and shellfish violation penalties.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):

Senate Staff:John Korvell (786-7473)

AS OF FEBRUARY 9, 1989

BACKGROUND:

Persons caught poaching, or caught with the clear intent to poach, may have property used for that act seized without a warrant by a Fisheries patrol officer.  The property can be recovered by the alleged poacher's posting of a bond equal to the property's value but not exceeding $5,000.

Poaching is a gross misdemeanor.  Convictions carry a penalty of county jail imprisonment and/or fine.  The jail sentence is to be not less than 30 days or more than one year long.  The fine is not less than $25 or more than $1,000.  Persons convicted of salmon poaching, and who had at least $250 of wholesale value salmon in their possession, may also be fined up to $5,000 by the Director of the Department of Fisheries.

In addition to those penalties, the director also may prohibit the issuance of licenses to persons convicted twice in five years of fisheries poaching.  Geoduck diver licenses and tract licenses may also be revoked for two or more convictions in five years.  When a tract licensee knowingly permits an employee to poach on his or her behalf, the convictions will be cumulative against the licensee as well.

Recognizing that the severity of poaching is increasing, as well as the increasing values of poached items and equipment used by poachers, laws covering fisheries poaching need to be strengthened and revised.

SUMMARY:

Seized property still can be recovered.  However, with the increased value of seized articles, the maximum bond value is increased to $25,000.

New language is added about the forfeiture of seized property.  A notice will be sent within 15 days of seizure to persons with a known right or interest in the property.  If they respond within 45 days, they may request a hearing on their claim before the Director of the Department of Fisheries or an administrative judge.  If the total value of the seizure is $5,000 or more, the claim will be heard in a municipal or superior court.  In either case, the burden of evidence is upon the claimant. 

Also added is clarification on the forfeiture of conveyances (boats, aircraft, vehicles).  These will not be forfeited if the poaching took place by someone other than the owner and was without the owner's knowledge or consent.  If the forfeited conveyance has a lien against it, the lienholder, who had no knowledge or consent of the act, will be compensated fully by the state.

The property is forfeited to the state if no one takes claim, or if the hearing or trial confirms the seizure was proper.  Unless the property is required to be destroyed, the department may keep it for its official use.  State law enforcement agencies, who assist Fisheries in enforcement, may also petition for use of the articles.  Failing any of these actions, the property will be auctioned with proceeds deposited in the general fund.

Gross misdemeanor convictions now carry increased penalties under criminal codes (9A.20.021 RCW).  Persons convicted may be jailed for up to a year and/or fined up to $5,000.  Those convicted of poaching more than $250 fish or shellfish and/or having quantities greater than the daily bag limit are subject to class C felony penalties.  Penalties are: imprisonment for up to five years in a state corrections facility and/or a fine up to $10,000.  Misdemeanor and felony cases will be heard before a superior court.

New language is added to increase post-conviction penalties available to the director.  In this section, a person is considered convicted of poaching when he or she has jumped bail, paid a fine, pled guilty in court to or found guilty of poaching.  As before, two or more convictions in a five-year period are grounds for additional Fisheries imposed penalties.  The director may prohibit issuing fishing and commercial fishing licenses to the individual for up to one year.  Convictions of vessel operators count cumulatively against the vessel's owner.  This also applies to salmon vessel operators and owners.  The director may now also refuse to renew geoduck diver and tract licenses.  An employee of a geoduck tract licensee who is convicted will have his or her conviction count against the licensee.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 8, 1989