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SUBSTITUTE
HOUSE BILL 2426
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Passed
Legislature - 2002 Regular Session
State
of Washington 57th Legislature 2002 Regular Session
By
Read
first time 01/25/2002. Referred to Committee on .
Clarifying the nature of "acting for a commercial
purpose" with respect to a natural resources violation.
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.
