H-3722.2 _______________________________________________
SUBSTITUTE HOUSE BILL 2426
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State of Washington 57th Legislature 2002 Regular Session
By House Committee on Natural Resources (originally sponsored by Representatives Jackley, Sump, Rockefeller, Doumit, Pearson, Morell and Chase)
Read first time 01/25/2002. Referred to Committee on .
AN ACT Relating to acting for commercial purposes under the fish and wildlife code; amending RCW 77.15.110; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature intends to clarify that when a crime under chapter 77.15 RCW requires proof that a person acted for commercial purposes, that element refers to engaging in particular conduct that is commercial in nature and the element does not imply that a particular state of mind must exist. This act revises the existing definition of that element to confirm that the element is fulfilled by engaging in commercial conduct and to eliminate any implication that a particular mental state of mind must be shown. Examples are given of the type of conduct that may be considered as evidence that a person acts for a commercial purpose; however, these examples do not create a conclusive presumption that a person acts for a commercial purpose.
Sec. 2. RCW 77.15.110 and 2001 c 253 s 27 are each amended to read as follows:
(1) For purposes of this chapter, a person acts for commercial purposes if the person engages in conduct that relates to commerce in fish, seaweed, shellfish, or wildlife or any parts thereof. Commercial conduct may include taking, delivering, selling, buying, or trading fish, seaweed, shellfish, or wildlife where there is present or future exchange of money, goods, or any valuable consideration. Evidence that a person acts for commercial purposes includes, but is not limited to, the following conduct:
(a) ((Acts with intent
to sell, attempted to sell, sold, bartered, attempted to purchase, or purchased
fish, seaweed, shellfish, or wildlife;
(b) Uses)) Using gear typical of that used in
commercial fisheries;
(((c) Exceeds)) (b)
Exceeding the bag or possession limits for personal use by taking or
possessing more than three times the amount of fish, seaweed, shellfish, or
wildlife allowed;
(((d) Delivers or
attempts)) (c) Delivering or attempting to deliver fish, seaweed,
shellfish, or wildlife to a person who sells or resells fish, seaweed,
shellfish, or wildlife including any licensed or unlicensed wholesaler;
(((e) Takes)) (d)
Taking fish or shellfish using a vessel designated on a commercial fishery
license ((and)) or using gear not authorized in a personal use
fishery;
(((f) Sells or deals))
(e) Using a commercial fishery license;
(f) Selling or dealing in raw furs; or
(g) ((Performs))
Performing taxidermy service on fish, shellfish, or wildlife belonging
to another person for a fee or receipt of goods or services.
(2) For purposes of this chapter, the value of any fish, seaweed, shellfish, or wildlife may be proved based on evidence of legal or illegal sales involving the person charged or any other person, of offers to sell or solicitation of offers to sell by the person charged or by any other person, or of any market price for the fish, seaweed, shellfish, or wildlife including market price for farm-raised game animals. The value assigned to specific fish, seaweed, shellfish, or wildlife by RCW 77.15.420 may be presumed to be the value of such fish, seaweed, shellfish, or wildlife. It is not relevant to proof of value that the person charged misrepresented that the fish, seaweed, shellfish, or wildlife was taken in compliance with law if the fish, seaweed, shellfish, or wildlife was unlawfully taken and had no lawful market value.
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