BILL REQ. #:  H-3799.2 

Prefiled 12/31/07. Read first time 01/14/08.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to providing fish and wildlife officers with the discretionary authority to issue noncriminal sanctions against individuals suspected of violating chapter 77.15 RCW; amending RCW 77.15.190, 77.15.240, 77.15.400, 77.15.410, and 77.15.430; and adding a new section to chapter 77.15 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that enforcement of the state's fish and game laws is an essential component to professional wildlife management. However, the legislature further finds that there are instances when a violation of the state's hunting laws occurs not due to an intentional attempt to increase one's success in the field, but due to honest confusion about the rules or understandable mistakes made in the pursuit of game.
     (2) The legislature further finds that enforcement officers of the department of fish and wildlife have no option but to cite these well-meaning citizens with a criminal infraction, even if the individual has contacted the fish and wildlife officer directly and self-reported his or her activity. This lack of flexibility or discretion can discourage honest hunters from contacting the authorities when mistakes are made and lead to an overall apprehension of engaging in outdoor sports.
     (3) It is the intent of the legislature, by way of this act, to provide the field enforcement of the department of fish and wildlife with additional enforcement tools, other than criminal sanctions, to properly handle situations where well-meaning and otherwise law-abiding hunters mistakenly, and with no intent to violate a hunting law, find themselves in violation of the fish and wildlife enforcement code.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.15 RCW to read as follows:
     (1) If mitigating circumstances exist, the responding fish and wildlife officer may, as an alternative to citing an individual for a violation of RCW 77.15.190, 77.15.240, 77.15.400, 77.15.410, or 77.15.430, instead issue a noncriminal natural resource infraction under chapter 7.84 RCW.
     (2) The commission shall identify examples of appropriate mitigating circumstances to aid a responding fish and wildlife officer in the implementation of this section. Examples of appropriate mitigating circumstances may include instances when the suspect self-reports the activity giving rise to the violation, and where the activity resulted from a mistake or is an unintended result.
     (3) Regardless of examples identified by the commission, the discretion to issue either a noncriminal natural resource infraction under this section or a criminal citation under the applicable statutory authority belongs to the responding fish and wildlife officer and is based on the individual circumstances of the situation being investigated.
     (4) The penalty for a natural resource infraction issued under this section is one hundred fifty dollars.

Sec. 3   RCW 77.15.190 and 1999 c 258 s 9 are each amended to read as follows:
     (1) Unless otherwise cited under section 2 of this act, a person is guilty of unlawful trapping if the person:
     (a) Sets out traps that are capable of taking wild animals, game animals, or furbearing mammals and does not possess all licenses, tags, or permits required under this title;
     (b) Violates any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the trapping of wild animals; or
     (c) Fails to identify the owner of the traps or devices by neither (i) attaching a metal tag with the owner's department-assigned identification number or the name and address of the trapper legibly written in numbers or letters not less than one-eighth inch in height nor (ii) inscribing into the metal of the trap such number or name and address.
     (2) Unlawful trapping is a misdemeanor.

Sec. 4   RCW 77.15.240 and 1998 c 190 s 30 are each amended to read as follows:
     (1) Unless otherwise cited under section 2 of this act, a person is guilty of unlawful use of dogs if the person:
     (a) Negligently fails to prevent a dog under the person's control from pursuing or injuring deer, elk, or an animal classified as endangered under this title;
     (b) Uses the dog to hunt deer or elk; or
     (c) During the closed season for a species of game animal or game bird, negligently fails to prevent the dog from pursuing such animal or destroying the nest of a game bird.
     (2) Unlawful use of dogs is a misdemeanor. A dog that is the basis for a violation of this section may be declared a public nuisance.

Sec. 5   RCW 77.15.400 and 2006 c 148 s 1 are each amended to read as follows:
     (1) Unless otherwise cited under section 2 of this act, 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. 6   RCW 77.15.410 and 2005 c 406 s 4 are each amended to read as follows:
     (1) Unless otherwise cited under section 2 of this act, a person is guilty of unlawful hunting of big game in the second degree if the person:
     (a) Hunts for, takes, or possesses big game and the person does not have and possess all licenses, tags, or permits required under this title;
     (b) Violates any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game; or
     (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game.
     (2) A person is guilty of unlawful hunting of big game in the first degree if the person was previously convicted of any crime under this title involving unlawful hunting, killing, possessing, or taking big game, and within five years of the date that the prior conviction was entered the person:
     (a) Hunts for big game and does not have and possess all licenses, tags, or permits required under this title;
     (b) Acts in violation of any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, or closed times; or
     (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game.
     (3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor. Upon conviction of an offense involving killing or possession of big game taken during a period of time when hunting for the particular species is not permitted, or in excess of the bag or possession limit, the department shall revoke all hunting licenses and tags and order a suspension of hunting privileges for two years.
     (b) Unlawful hunting of big game in the first degree is a class C felony. Upon conviction, the department shall revoke all hunting licenses or tags and the department shall order the person's hunting privileges suspended for ten years.

Sec. 7   RCW 77.15.430 and 1999 c 258 s 4 are each amended to read as follows:
     (1) Unless otherwise cited under section 2 of this act, a person is guilty of unlawful hunting of wild animals in the second degree if the person:
     (a) Hunts for, takes, or possesses a wild animal that is not classified as big game, and does not have and possess all licenses, tags, or permits required by this title;
     (b) 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 including game reserves, closed times, or other rule addressing the manner or method of hunting or possession of wild animals not classified as big game; or
     (c) Possesses a wild animal that is not classified as big game taken during a closed season for that wild animal or from a closed area for that wild animal.
     (2) A person is guilty of unlawful hunting of wild animals in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild animals that are not classified as big game animals as allowed by rule of the commission or director.
     (3)(a) Unlawful hunting of wild animals in the second degree is a misdemeanor.
     (b) Unlawful hunting of wild animals in the first degree is a gross misdemeanor.