AN ACT Relating to revocation of fishing and hunting licenses for littering; amending RCW 75.10.120; adding a new section to chapter 77.21 RCW; and prescribing penalties.

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

Sec. 1. Section 75.28.380, chapter 12, Laws of 1955 as last amended by section 43, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.120 are each amended to read as follows:

(1) (a) Upon conviction of a person for a violation of this title or rule of the director, in addition to the penalty imposed by law, the court may forfeit the person's license.

((~~(2)~~)) (b) The court shall forfeit the license: ((~~(a)~~)) (i) Upon conviction for a violation of this title or rule of the director prescribing the length, depth, or construction of fishing gear, or ((~~(b)~~)) (ii) upon two or more convictions in a five-year period of any violation of this title or rule of the director. The license shall remain forfeited pending appeal. The director may prohibit the issuance of a license to a person convicted of two or more violations of this title or rule of the director in a five-year period or prescribe the conditions under which the license may be issued.

(2) Upon conviction of a person for a violation of RCW 70.93.060 while the person was engaged in any activity requiring a recreational license issued under this title:

(a) For the first offense, any person violating RCW 70.93.060 shall be guilty of a misdemeanor and the fine for the violation shall be not less than one hundred fifty dollars, which shall be deposited in the salmon enhancement account of the general fund. This fine shall be in addition to the penalty under RCW 70.93.060. In addition, except where infirmity or age or other circumstance would create a hardship, the person shall be directed by the court in which conviction is obtained to pick up and remove litter from public property, private property, or both, with prior permission of the legal owner, for not less than eight hours nor more than sixteen hours, at a location determined by the director; and

(b) For subsequent offenses, any person violating RCW 70.93.060 shall be guilty of a misdemeanor and the fine for the violation shall be not less than five hundred dollars, which shall be deposited in the salmon enhancement account of the general fund. This fine shall be in addition to the penalty under RCW 70.93.060. In addition, except where infirmity or age or other circumstance would create a hardship, the person shall be directed by the court in which conviction is obtained to pick up and remove litter from public property, private property, or both, with prior permission of the legal owner, for not less than eight hours nor more than sixteen hours, at a location determined by the director. In addition the court shall revoke the person's recreational fishing and hunting licenses. The licenses shall not be issued to the person for two years from the revocation.

(3) When enforcing the provisions of this section, the department shall insure that all citizens of the state of Washington are treated equally and that the provisions of RCW 75.56.040 are strictly enforced.

NEW SECTION. Sec. 2. A new section is added to chapter 77.21 RCW to read as follows:

Upon conviction of a person for a violation of RCW 70.93.060 while the person was engaged in any activity requiring a license issued under this title:

(1) For the first offense, any person violating RCW 70.93.060 shall be guilty of a misdemeanor and the fine for the violation shall be not less than one hundred fifty dollars, which shall be deposited in the wildlife account of the general fund. This fine shall be in addition to the penalty under RCW 70.93.060. In addition, except where infirmity or age or other circumstance would create a hardship, the person shall be directed by the court in which conviction is obtained to pick up and remove litter from public property, private property, or both, with prior permission of the legal owner, for not less than eight hours nor more than sixteen hours, at a location determined by the director; and

(2) For subsequent offenses, any person violating RCW 70.93.060 shall be guilty of a misdemeanor and the fine for the violation shall be not less than five hundred dollars, which shall be deposited in the wildlife account of the general fund. This fine shall be in addition to the penalty under RCW 70.93.060. In addition, except where infirmity or age or other circumstance would create a hardship, the person shall be directed by the court in which conviction is obtained to pick up and remove litter from public property, private property, or both, with prior permission of the legal owner, for not less than eight hours nor more than sixteen hours, at a location determined by the director. In addition, the court shall revoke any licenses issued under this title that the person holds. The licenses shall not be issued to the person for two years from the revocation.

When enforcing the provisions of this section, the department shall insure that all citizens of the state of Washington are treated equally and that the provisions of RCW 75.56.040 are strictly enforced.