READ FIRST TIME 02/03/06.   

     AN ACT Relating to violations of rules concerning nontoxic shot; amending RCW 77.15.400 and 77.15.425; and prescribing penalties.

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

Sec. 1   RCW 77.15.400 and 2001 c 253 s 41 are each amended to read as follows:
     (1) A person is guilty of unlawful hunting of wild birds in the second degree if the person:
     (a) Hunts for, takes, or possesses a wild bird and the person does not have and possess all licenses, tags, stamps, and permits required under this title;
     (b) Maliciously destroys, takes, or harms the eggs or nests of a wild bird except when authorized by permit;
     (c) Violates any rule of the commission or director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or other rule addressing the manner or method of hunting or possession of wild birds; or
     (d) Possesses a wild bird taken during a closed season for that wild bird or taken from a closed area for that wild bird.
     (2) A person is guilty of unlawful hunting of wild birds in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild birds allowed by rule of the commission or director.
     (3)(a) Unlawful hunting of wild birds in the second degree is a misdemeanor.
     (b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor.
     (4) In addition to the penalties set forth in this section, if a person, other than a youth as defined in RCW 77.08.010 for hunting purposes, violates a rule adopted by the commission under the authority of this title that requires the use of nontoxic shot, upon conviction:
     (a) The court shall require a payment of one thousand dollars as a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425. The criminal wildlife penalty assessment must be imposed regardless of and in addition to any sentence, fine, or costs imposed for violating this section. The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect; and
     (b) The department shall revoke the hunting license of the person and order a suspension of small game hunting privileges for two years.

Sec. 2   RCW 77.15.425 and 2005 c 406 s 1 are each amended to read as follows:
     The fish and wildlife enforcement reward account is created in the custody of the state treasurer. All receipts from criminal wildlife penalty assessments under RCW 77.15.420 and 77.15.400 must be deposited into the account. The department may accept money or personal property from persons under conditions requiring the property or money to be used consistent with the intent of expenditures from the fish and wildlife enforcement reward account. Expenditures from the account may be used only for investigation and prosecution of fish and wildlife offenses, to provide rewards to persons informing the department about violations of this title and rules adopted under this title, and for other valid enforcement uses as determined by the commission. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.