SENATE BILL REPORT

SB 6377

BYSenators Metcalf, DeJarnatt, Vognild and Kreidler

Creating penalties for violations of fisheries laws.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 9, 1990; January 29, 1990

Majority Report:  That Substitute Senate Bill No. 6377 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Benitz, DeJarnatt, Kreidler, Owen, Sutherland.

Senate Staff:Ross Antipa (786-7413)

                  January 31, 1990

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, JANUARY 29, 1990

BACKGROUND:

The penalty for violation of the Fisheries Department statute is currently a gross misdemeanor for virtually all offenses.  There is concern that the severity of penalties for fisheries crimes should vary depending on the severity of the crime committed.

Fisheries officers may seize boats, vehicles, gear, etc., which are used in violation of the fisheries code.  There is a need to fully define the process of seizure and the rights of persons whose property is seized.

SUMMARY:

Crimes regarding recreational users of food fish and shellfish are categorized into infractions, misdemeanors, and gross misdemeanors based on severity.  Crimes involving commercial harvesters of food fish and shellfish are categorized into misdemeanors, gross misdemeanors, and class C felonies.  Persons with four or more fisheries convictions are determined to be habitual offenders, and shall have their licenses revoked for a period of at least five years.

The seizure of articles used in fisheries violations is subject to the following procedures:  notice to owners; time limitations on claims; administrative hearings; exclusion on situations which did not involve knowledge or consent, and disposition of the seized articles.

EFFECT OF PROPOSED SUBSTITUTE:

The sale of recreationally caught food fish is established as a gross misdemeanor if less than $250 in wholesale value, or as a class C felony if the sale is over $250 in wholesale value.  The Fisheries Department must prove that persons who violate certain commercial fishing felony statutes intended to violate those statutes.

The sale, barter or trade of food fish or shellfish with a wholesale value of over $250 by persons who commercially fish without a valid commercial license is established as a class C felony.  The purchase of $250 or more of food fish or shellfish that were taken illegally is a class C felony.

Commercial fishing licenses and personal use licenses can only be revoked by four or more violations of gross misdemeanor or greater under the habitual offender statute.  The director can only revoke a commercial fishing license for gross misdemeanor or felony violations.

Appropriation:    none

Revenue:    yes

Fiscal Note:      none requested

Senate Committee - Testified: Jim King, Washington State Sports Council (pro); Bob Lake, Willapa Gillnet Association; Joe Williams, Tacoma Poggie Club (pro); Jim Thoyle, Department of Fisheries (pro); Brad Young, Department of Fisheries (pro); Steve Arbaugh, Puget Sound Gillnetters (con); Ed Manary, Department of Fisheries (pro); Dana Mathews, Department of Fisheries (pro)