SENATE BILL REPORT

                   SB 6328

              As Reported By Senate Committee On:

          Natural Resources & Parks, February 5, 1998

Title:  An act relating to fish and wildlife code enforcement.

Brief Description:  Enacting the fish and wildlife code enforcement.

Sponsors:  Senators Oke, Jacobsen and Swecker; by request of Department of Fish and Wildlife.

Brief History:

Committee Activity:  Natural Resources & Parks:  1/16/98, 2/5/98 [DPS].

SENATE COMMITTEE ON NATURAL RESOURCES & PARKS

Majority Report:  That Substitute Senate Bill No. 6328 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Snyder, Spanel, Stevens and Swecker.

Staff:  Paul Mabrey (786-7412)

Background:  The Fisheries Enforcement Code and the Wildlife Enforcement Code, Title 75 RCW and Title 77 RCW respectively, have become difficult to administer and enforce subsequent to the merger of the Department of Fisheries and the Department of Wildlife.  The two codes contain dissimilar levels of punishment for similar crimes, dissimilar penalties for identical levels of offense, and confusing cross references.  Citizens have difficulty complying with the two codes because of this lack of continuity and coherence.  Enforcement of fish and wildlife laws has become unnecessarily complicated. 

Summary of Subsitute Bill:  Sixty new provisions are provided which define new offenses, redefine existing criminal laws, and create a uniform approach to laws authorizing prosecution, sentencing, and punishment. 

Punishment for crimes defined in the new provisions are standardized according to whether the crime is defined as an infraction, a misdemeanor, a gross misdemeanor, or a felony.  The fisheries code definition of the term Aconviction@ is retained and incorporated for resolution of  issues involving wildlife restitution.  Washington criminal code provisions are incorporated as the standard for classification of crimes.  Two levels of violation, 1st and 2nd degree, are established for certain offenses such as game bird offenses, endangered wildlife violations, and unlawful trafficking.   The release of deleterious exotic fish or wildlife and harvesting while a license is suspended are each classified as class C felony violations.  Offenses involving big game, protected species, and endangered species are treated as separate violations for each animal killed, taken, or possessed.  License suspension procedures are standardized.    The Fish and Wildlife Commission is required to promulgate rules regarding the taking of unclassified species, the violation of which constitutes a crime.

The courts are authorized to revoke licenses or suspend privileges.  The grounds, form, and procedure for court revocation of licenses and suspension of privileges are provided.  The court is required to revoke licenses and suspend privileges of a person convicted of assault of a fish and wildlife officer.  Requirements and grounds for the director to suspend privileges are provided.

The commission is given authority and power to administer various provisions of the Fish and Wildlife Enforcement Code as necessitated by the merger of the Department of Fisheries and the Department of Wildlife.

Civil forfeiture provisions are reconciled with current legal forfeiture standards.  Language is standardized to reflect the merger of the Department of Fisheries and the Department of Wildlife.   The terms Awildlife agent@ and Afisheries patrol@ are replaced by the term Afish and wildlife officers.@

Technical changes and updated language modifications are made.

Sections of the wildlife code and the fisheries code are repealed as unnecessary or redundant.

Substitute Bill Compared to Original Bill:  The substitute bill clarifies some minor policy considerations.  Technical changes were also made.  The net effect was to reverse those policy changes made in the original bill that related to changes in the elements of the offense and the standards of proof.

Appropriation:  None.

Fiscal Note:  Requested on January 14, 1998.

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

Testimony For:  Department management provided overview of why the bill is necessary and how the process was accomplished.  The bill is necessary to remove confusing, conflicting, and redundant language.  Further, the bill combines the enforcement sections of Title 75 and Title 77 into one easy to understand and use format based on the penal code format.  Modernization of language was done to bring the statute to reflect the merger of the Department of Wildlife and the Department of Fisheries.

Testimony Against: None

Testified:  Bruce Bjork, Don Gatlin, Ron Peregrin, WDFW Region 6; Ed Owens, Coalition of Coastal Fisheries.