BILL REQ. #: Z-0875.4
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/12/12. Referred to Committee on Energy, Natural Resources & Marine Waters.
AN ACT Relating to fish and wildlife enforcement; amending RCW 7.84.030, 77.15.030, 77.15.050, 77.15.075, 77.15.080, 77.15.100, 77.15.110, 77.15.130, 77.15.160, 77.15.170, 77.15.190, 77.15.240, 77.15.260, 77.15.280, 77.15.290, 77.15.370, 77.15.380, 77.15.390, 77.15.400, 77.15.410, 77.15.430, 77.15.460, 77.15.610, 77.15.620, 77.15.630, 77.15.640, 77.15.650, 77.15.660, 77.15.700, 77.15.720, and 77.15.740; reenacting and amending RCW 9.94A.515 and 77.08.010; adding a new section to chapter 77.08 RCW; adding new sections to chapter 77.15 RCW; repealing RCW 77.12.315, 77.15.140, 77.15.220, and 77.15.330; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 7.84.030 and 2011 c 320 s 14 are each amended to read
as follows:
(1) An infraction proceeding is initiated by the issuance and
service of a printed notice of infraction and filing of a printed or
electronic copy of the notice of infraction.
(2)(a) A notice of infraction may be issued by a person authorized
to enforce the provisions of the title or chapter in which the
infraction is established, or by a person authorized by an interlocal
agreement entered into under RCW 7.84.140, when the infraction occurs
in that person's presence.
(b) A person who is a peace officer as defined in chapter 10.93 RCW
may detain the person receiving the infraction for a reasonable period
of time necessary to identify the person, check for outstanding
warrants, and complete and issue a notice of infraction under RCW
7.84.050. A person who is to receive a notice of infraction is
required to identify himself or herself to the peace officer by giving
the person's name, address, and date of birth. Upon request, the
person shall produce reasonable identification, including a driver's
license or identicard. Any person who fails to comply with the
requirement to identify himself or herself and give the person's
current address is guilty of a misdemeanor.
(3) A court may issue a notice of infraction if a person authorized
to enforce the provisions of the title or chapter in which the
infraction is established, or by a person authorized by an interlocal
agreement entered into under RCW 7.84.140, files with the court a
written statement that the infraction was committed in that person's
presence or that the officer has reason to believe an infraction was
committed.
(4) Service of a notice of infraction issued under subsection (2)
or (3) of this section shall be as provided by court rule.
(5) A notice of infraction shall be filed with a court having
jurisdiction within five days of issuance, excluding Saturdays,
Sundays, and holidays.
Sec. 2 RCW 9.94A.515 and 2010 c 289 s 11 and 2010 c 227 s 9 are
each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| Criminal Mistreatment 1 (RCW 9A.42.020) | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| I | ||
Sec. 3 RCW 77.08.010 and 2011 c 324 s 3 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this title or
rules adopted under this title unless the context clearly requires
otherwise.
(1) "Angling gear" means a line attached to a rod and reel capable
of being held in hand while landing the fish or a hand-held line
operated without rod or reel.
(2) "Aquatic invasive species" means any invasive, prohibited,
regulated, unregulated, or unlisted aquatic animal or plant species as
defined under subsections (3), (28), (40), (44), (60), and (61) of this
section, aquatic noxious weeds as defined under RCW 17.26.020(5)(c),
and aquatic nuisance species as defined under RCW 77.60.130(1).
(3) "Aquatic plant species" means an emergent, submersed, partially
submersed, free-floating, or floating-leaving plant species that grows
in or near a body of water or wetland.
(4) "Bag limit" means the maximum number of game animals, game
birds, or game fish which may be taken, caught, killed, or possessed by
a person, as specified by rule of the commission for a particular
period of time, or as to size, sex, or species.
(5) "Closed area" means a place where the hunting of some or all
species of wild animals or wild birds is prohibited.
(6) "Closed season" means all times, manners of taking, and places
or waters other than those established by rule of the commission as an
open season. "Closed season" also means all hunting, fishing, taking,
or possession of game animals, game birds, game fish, food fish, or
shellfish that do not conform to the special restrictions or physical
descriptions established by rule of the commission as an open season or
that have not otherwise been deemed legal to hunt, fish, take, harvest,
or possess by rule of the commission as an open season.
(7) "Closed waters" means all or part of a lake, river, stream, or
other body of water, where fishing or harvesting is prohibited.
(8) "Commercial" means related to or connected with buying,
selling, or bartering.
(9) "Commission" means the state fish and wildlife commission.
(10) "Concurrent waters of the Columbia river" means those waters
of the Columbia river that coincide with the Washington-Oregon state
boundary.
(11) "Contraband" means any property that is unlawful to produce or
possess.
(12) "Deleterious exotic wildlife" means species of the animal
kingdom not native to Washington and designated as dangerous to the
environment or wildlife of the state.
(13) "Department" means the department of fish and wildlife.
(14) "Director" means the director of fish and wildlife.
(15) "Endangered species" means wildlife designated by the
commission as seriously threatened with extinction.
(16) "Ex officio fish and wildlife officer" means ((a commissioned
officer of a municipal, county, state, or federal agency having as its
primary function the enforcement of criminal laws in general, while the
officer is in the appropriate jurisdiction. The term "ex officio fish
and wildlife officer" includes special agents of the national marine
fisheries service, state parks commissioned officers, United States
fish and wildlife special agents, department of natural resources
enforcement officers, and United States forest service officers, while
the agents and officers are within their respective jurisdictions)):
(a) A commissioned officer of a municipal, county, or state agency
having as its primary function the enforcement of criminal laws in
general, while the officer is acting in the respective jurisdiction of
that agency;
(b) An officer or special agent commissioned by one of the
following: The national marine fisheries service; the Washington state
parks and recreation commission; the United States fish and wildlife
service; the Washington state department of natural resources; the
United States forest service; or the United States parks service, if
the agent or officer is in the respective jurisdiction of the primary
commissioning agency and is acting under a mutual law enforcement
assistance agreement between the department and the primary
commissioning agency;
(c) A commissioned fish and wildlife peace officer from another
state who meets the training standards set by the Washington state
criminal justice training commission pursuant to RCW 10.93.090,
43.101.080, and 43.101.200, and who is acting under a mutual law
enforcement assistance agreement between the department and the primary
commissioning agency; or
(d) A Washington state tribal police officer who successfully
completes the requirements set forth under RCW 43.101.157, is employed
by a tribal nation that has complied with RCW 10.92.020(2) (a) and (b),
and is acting under a mutual law enforcement assistance agreement
between the department and the tribal government.
(17) "Fish" includes all species classified as game fish or food
fish by statute or rule, as well as all fin fish not currently
classified as food fish or game fish if such species exist in state
waters. The term "fish" includes all stages of development and the
bodily parts of fish species.
(18) "Fish and wildlife officer" means a person appointed and
commissioned by the director, with authority to enforce this title and
rules adopted pursuant to this title, and other statutes as prescribed
by the legislature. Fish and wildlife officer includes a person
commissioned before June 11, 1998, as a wildlife agent or a fisheries
patrol officer.
(19) "Fish broker" means a person whose business it is to bring a
seller of fish and shellfish and a purchaser of those fish and
shellfish together.
(20) "Fishery" means the taking of one or more particular species
of fish or shellfish with particular gear in a particular geographical
area.
(21) "Freshwater" means all waters not defined as saltwater
including, but not limited to, rivers upstream of the river mouth,
lakes, ponds, and reservoirs.
(22) "Fur-bearing animals" means game animals that shall not be
trapped except as authorized by the commission.
(23) "Game animals" means wild animals that shall not be hunted
except as authorized by the commission.
(24) "Game birds" means wild birds that shall not be hunted except
as authorized by the commission.
(25) "Game farm" means property on which wildlife is held ((or)),
confined, propagated, hatched, fed, or otherwise raised for commercial
purposes, trade, or gift. The term "game farm" does not include
publicly owned facilities.
(26) "Game reserve" means a closed area where hunting for all wild
animals and wild birds is prohibited.
(27) "Illegal items" means those items unlawful to be possessed.
(28) "Invasive species" means a plant species or a nonnative animal
species that either:
(a) Causes or may cause displacement of, or otherwise threatens,
native species in their natural communities;
(b) Threatens or may threaten natural resources or their use in the
state;
(c) Causes or may cause economic damage to commercial or
recreational activities that are dependent upon state waters; or
(d) Threatens or harms human health.
(29) "License year" means the period of time for which a
recreational license is valid. The license year begins April 1st, and
ends March 31st.
(30) "Limited-entry license" means a license subject to a license
limitation program established in chapter 77.70 RCW.
(31) "Money" means all currency, script, personal checks, money
orders, or other negotiable instruments.
(32) "Nonresident" means a person who has not fulfilled the
qualifications of a resident.
(33) "Offshore waters" means marine waters of the Pacific Ocean
outside the territorial boundaries of the state, including the marine
waters of other states and countries.
(34) "Open season" means those times, manners of taking, and places
or waters established by rule of the commission for the lawful hunting,
fishing, taking, or possession of game animals, game birds, game fish,
food fish, or shellfish that conform to the special restrictions or
physical descriptions established by rule of the commission or that
have otherwise been deemed legal to hunt, fish, take, harvest, or
possess by rule of the commission. "Open season" includes the first
and last days of the established time.
(35) "Owner" means the person in whom is vested the ownership
dominion, or title of the property.
(36) "Person" means and includes an individual; a corporation; a
public or private entity or organization; a local, state, or federal
agency; all business organizations, including corporations and
partnerships; or a group of two or more individuals acting with a
common purpose whether acting in an individual, representative, or
official capacity.
(37) "Personal property" or "property" includes both corporeal and
incorporeal personal property and includes, among other property,
contraband and money.
(38) "Personal use" means for the private use of the individual
taking the fish or shellfish and not for sale or barter.
(39) "Predatory birds" means wild birds that may be hunted
throughout the year as authorized by the commission.
(40) "Prohibited aquatic animal species" means an invasive species
of the animal kingdom that has been classified as a prohibited aquatic
animal species by the commission.
(41) "Protected wildlife" means wildlife designated by the
commission that shall not be hunted or fished.
(42) "Raffle" means an activity in which tickets bearing an
individual number are sold for not more than twenty-five dollars each
and in which a permit or permits are awarded to hunt or for access to
hunt big game animals or wild turkeys on the basis of a drawing from
the tickets by the person or persons conducting the raffle.
(43) "Recreational and commercial watercraft" includes the boat, as
well as equipment used to transport the boat, and any auxiliary
equipment such as attached or detached outboard motors.
(44) "Regulated aquatic animal species" means a potentially
invasive species of the animal kingdom that has been classified as a
regulated aquatic animal species by the commission.
(45) "Resident" ((means:)) has the same
meaning as defined in section 4 of this act.
(a) A person who has maintained a permanent place of abode within
the state for at least ninety days immediately preceding an application
for a license, has established by formal evidence an intent to continue
residing within the state, and who is not licensed to hunt or fish as
a resident in another state; and
(b) A person age eighteen or younger who does not qualify as a
resident under (a) of this subsection, but who has a parent that
qualifies as a resident under (a) of this subsection
(46) "Retail-eligible species" means commercially harvested salmon,
crab, and sturgeon.
(47) "Saltwater" means those marine waters seaward of river mouths.
(48) "Seaweed" means marine aquatic plant species that are
dependent upon the marine aquatic or tidal environment, and exist in
either an attached or free floating form, and includes but is not
limited to marine aquatic plants in the classes Chlorophyta,
Phaeophyta, and Rhodophyta.
(49) "Senior" means a person seventy years old or older.
(50) "Shark fin" means a raw, dried, or otherwise processed
detached fin or tail of a shark.
(51)(a) "Shark fin derivative product" means any product intended
for use by humans or animals that is derived in whole or in part from
shark fins or shark fin cartilage.
(b) "Shark fin derivative product" does not include a drug approved
by the United States food and drug administration and available by
prescription only or medical device or vaccine approved by the United
States food and drug administration.
(52) "Shellfish" means those species of marine and freshwater
invertebrates that have been classified and that shall not be taken
except as authorized by rule of the commission. The term "shellfish"
includes all stages of development and the bodily parts of shellfish
species.
(53) "State waters" means all marine waters and fresh waters within
ordinary high water lines and within the territorial boundaries of the
state.
(54) "To fish," "to harvest," and "to take," and their derivatives
means an effort to kill, injure, harass, or catch a fish or shellfish.
(55) "To hunt" and its derivatives means an effort to kill, injure,
capture, or harass a wild animal or wild bird.
(56) "To process" and its derivatives mean preparing or preserving
fish, wildlife, or shellfish.
(57) "To trap" and its derivatives means a method of hunting using
devices to capture wild animals or wild birds.
(58) "Trafficking" means offering, attempting to engage, or
engaging in sale, barter, or purchase of fish, shellfish, wildlife, or
deleterious exotic wildlife.
(59) "Unclaimed" means that no owner of the property has been
identified or has requested, in writing, the release of the property to
themselves nor has the owner of the property designated an individual
to receive the property or paid the required postage to effect delivery
of the property.
(60) "Unlisted aquatic animal species" means a nonnative animal
species that has not been classified as a prohibited aquatic animal
species, a regulated aquatic animal species, or an unregulated aquatic
animal species by the commission.
(61) "Unregulated aquatic animal species" means a nonnative animal
species that has been classified as an unregulated aquatic animal
species by the commission.
(62) "Wholesale fish dealer" means a person who, acting for
commercial purposes, takes possession or ownership of fish or shellfish
and sells, barters, or exchanges or attempts to sell, barter, or
exchange fish or shellfish that have been landed into the state of
Washington or entered the state of Washington in interstate or foreign
commerce.
(63) "Wild animals" means those species of the class Mammalia whose
members exist in Washington in a wild state ((and the species Rana
catesbeiana (bullfrog))). The term "wild animal" does not include
feral domestic mammals or old world rats and mice of the family Muridae
of the order Rodentia.
(64) "Wild birds" means those species of the class Aves whose
members exist in Washington in a wild state.
(65) "Wildlife" means all species of the animal kingdom whose
members exist in Washington in a wild state. This includes but is not
limited to mammals, birds, reptiles, amphibians, fish, and
invertebrates. The term "wildlife" does not include feral domestic
mammals, old world rats and mice of the family Muridae of the order
Rodentia, or those fish, shellfish, and marine invertebrates classified
as food fish or shellfish by the director. The term "wildlife"
includes all stages of development and the bodily parts of wildlife
members.
(66) "Youth" means a person fifteen years old for fishing and under
sixteen years old for hunting.
(67) "Anadromous game fish buyer" means a person who purchases or
sells steelhead trout and other anadromous game fish harvested by
Indian fishers lawfully exercising fishing rights reserved by federal
statute, treaty, or executive order, under conditions prescribed by
rule of the director.
(68) "Fish buyer" means a person engaged by a wholesale fish dealer
to purchase food fish or shellfish from a licensed commercial fisher.
(69) "Fur dealer" means a person who purchases, receives, or
resells raw furs for commercial purposes.
(70) "Natural person" means a human being.
(71) "Taxidermist" means a person who, for commercial purposes,
creates lifelike representations of fish and wildlife using fish and
wildlife parts and various supporting structures.
(72) "Wildlife meat cutter" means a person who packs, cuts,
processes, or stores wildlife for consumption for another for
commercial purposes.
NEW SECTION. Sec. 4 A new section is added to chapter 77.08 RCW
to read as follows:
For the purposes of this title or rules adopted under this title,
"resident" means:
(1) A natural person who has maintained a permanent place of abode
within the state for at least ninety days immediately preceding an
application for a license, has established by formal evidence an intent
to continue residing within the state, is not licensed to hunt or fish
as a resident in another state or country, and is not receiving
resident benefits of another state or country.
(a) For purposes of this section, "permanent place of abode" means
a residence in this state that a person maintains for personal use.
(b) A natural person can demonstrate that the person has maintained
a permanent place of abode in Washington by showing that the person:
(i) Uses a Washington state address for federal income tax or state
tax purposes;
(ii) Designates this state as the person's residence for obtaining
eligibility to hold a public office or for judicial actions;
(iii) Is a registered voter in the state of Washington; or
(iv) Is a custodial parent with a child attending prekindergarten,
kindergarten, elementary school, middle school, or high school in this
state.
(c) A natural person can demonstrate the intent to continue
residing within the state by showing that he or she:
(i) Has a valid Washington state driver's license; or
(ii) Has a valid Washington state identification card, if the
person is not eligible for a Washington state driver's license; and
(iii) Has registered the person's vehicle or vehicles in Washington
state.
(2) The spouse of a member of the United States armed forces if the
member qualifies as a resident under subsection (1), (3), or (4) of
this section, or a natural person age eighteen or younger who does not
qualify as a resident under subsection (1) of this section, but who has
a parent or legal guardian who qualifies as a resident under subsection
(1), (3), or (4) of this section.
(3) A member of the United States armed forces temporarily
stationed in Washington state on predeployment orders. A copy of the
person's military orders is required to meet this condition.
(4) A member of the United States armed forces who is permanently
stationed in Washington state or who designates Washington state on
their military "state of legal residence certificate" or enlistment or
re-enlistment documents. A copy of the person's "state of legal
residence certificate" or enlistment or re-enlistment documents is
required to meet the conditions of this subsection.
Sec. 5 RCW 77.15.030 and 1999 c 258 s 1 are each amended to read
as follows:
Except as provided in RCW 77.15.260(2)(b), where it is unlawful to
hunt, take, fish, possess, or traffic in big game or protected or
endangered fish or wildlife, then each individual animal unlawfully
taken or possessed is a separate offense.
Sec. 6 RCW 77.15.050 and 2009 c 333 s 1 are each amended to read
as follows:
(1) Unless the context clearly requires otherwise, as used in this
chapter, "conviction" means((:)) a final conviction in a state or municipal court((
(a);)).
(b) A failure to appear at a hearing to contest an infraction or
criminal citation; or
(c) An unvacated forfeiture of bail paid as a final disposition for
an offense
(2) A plea of guilty((,)) or a finding of guilt for a violation of
this title or department rule ((of the commission or director))
constitutes a conviction regardless of whether the imposition of
sentence is deferred or the penalty is suspended.
Sec. 7 RCW 77.15.075 and 2009 c 204 s 1 are each amended to read
as follows:
(1) Fish and wildlife officers ((and ex officio fish and wildlife
officers shall enforce this title, rules of the department, and other
statutes as prescribed by the legislature. Fish and wildlife officers
who are not ex officio officers)) shall have and exercise, throughout
the state, such police powers and duties as are vested in sheriffs and
peace officers generally. Fish and wildlife officers are general
authority Washington peace officers.
(2) An applicant for a fish and wildlife officer position must be
a citizen of the United States of America who can read and write the
English language. ((All fish and wildlife officers employed after June
13, 2002, must successfully complete the basic law enforcement academy
course, known as the basic course, sponsored by the criminal justice
training commission, or the basic law enforcement equivalency
certification, known as the equivalency course, provided by the
criminal justice training commission. All officers employed on June
13, 2002, must have successfully completed the basic course, the
equivalency course, or the supplemental course in criminal law
enforcement, known as the supplemental course, offered under chapter
155, Laws of 1985. Any officer who has not successfully completed the
basic course, the equivalency course, or the supplemental course must
complete the basic course or the equivalency course within fifteen
months of June 13, 2002.)) Before a person
may be appointed to act as a fish and wildlife officer, the person
shall meet the minimum standards for employment with the department,
including successful completion of a psychological examination and
polygraph examination or similar assessment procedure administered in
accordance with the requirements of RCW 43.101.095(2).
(2) Fish and wildlife officers are peace officers
(3) Any liability or claim of liability under chapter 4.92 RCW that
arises out of the exercise or alleged exercise of authority by a fish
and wildlife officer rests with the department unless the fish and
wildlife officer acts under the direction and control of another agency
or unless the liability is otherwise assumed under an agreement between
the department and another agency.
(4) ((Fish and wildlife officers may serve and execute warrants and
processes issued by the courts.)) The department may utilize the services of a volunteer
chaplain as provided under chapter 41.22 RCW.
(5)
Sec. 8 RCW 77.15.080 and 2002 c 281 s 8 are each amended to read
as follows:
(1) Based upon articulable facts that a person is engaged in
fishing, harvesting, or hunting activities, fish and wildlife officers
and ex officio fish and wildlife officers have the authority to
temporarily stop the person and check for valid licenses, tags,
permits, stamps, or catch record cards, and to inspect all fish,
shellfish, seaweed, and wildlife in possession as well as the equipment
being used to ensure compliance with the requirements of this title((,
and)). Fish and wildlife officers and ex officio fish and wildlife
officers also may request that the person ((to)) write his or her
signature for comparison with the signature on ((the)) his or her
fishing, harvesting, or hunting license. Failure to comply with the
request is prima facie evidence that the person is not the person named
on the license. ((For licenses purchased over the internet or
telephone,)) Fish and wildlife officers may require the person, if age
((eighteen)) sixteen or older, to exhibit a driver's license or other
photo identification.
(2) Based upon articulable facts that a person is transporting a
prohibited aquatic animal species or any aquatic plant, fish and
wildlife officers and ex officio fish and wildlife officers have the
authority to temporarily stop the person and inspect the watercraft to
ensure that the watercraft and associated equipment are not
transporting prohibited aquatic animal species or aquatic plants.
Sec. 9 RCW 77.15.100 and 2009 c 333 s 39 are each amended to read
as follows:
(1) ((Unless otherwise provided in this title,)) Fish, shellfish,
((or wildlife unlawfully taken or possessed, or involved in a violation
shall be forfeited to the state upon conviction. Unless already held
by, sold, destroyed, or disposed of by the department, the court shall
order such fish or wildlife to be delivered to the department. Where
delay will cause loss to the value of the property and a ready
wholesale buying market exists, the department may sell property to a
wholesale buyer at a fair market value.)) and wildlife are property of the state under RCW 77.04.012.
Fish and wildlife officers may sell seized, commercially harvested fish
and shellfish to a wholesale buyer and deposit the proceeds into the
fish and wildlife enforcement reward account under RCW 77.15.425.
Seized, recreationally harvested fish, shellfish, and wildlife may be
donated to nonprofit charitable organizations. The charitable
organization must qualify for tax-exempt status under 26 U.S.C. Sec.
501(c)(3) of the federal internal revenue code.
(2) When seized property is forfeited to the department, the
department may retain it for official use unless the property is
required to be destroyed, or upon application by any law enforcement
agency of the state, release the property to the agency for the use of
enforcing this title, or sell such property and deposit the proceeds
into the fish and wildlife enforcement reward account established under
RCW 77.15.425. Any sale of other property shall be at public auction
or after public advertisement reasonably designed to obtain the highest
price. The time, place, and manner of holding the sale shall be
determined by the director. The director may contract for the sale to
be through the department of general administration as state surplus
property, or, except where not justifiable by the value of the
property, the director shall publish notice of the sale once a week for
at least two consecutive weeks before the sale in at least one
newspaper of general circulation in the county in which the sale is to
be held
(2) Unless otherwise provided in this title, fish, shellfish, or
wildlife taken, possessed, or harvested in violation of this title or
department rule shall be forfeited to the state upon conviction or any
outcome in criminal court whereby a person voluntarily enters into a
disposition that continues or defers the case for dismissal upon the
successful completion of specific terms or conditions. For criminal
cases resulting in other types of dispositions, the fish, shellfish, or
wildlife may be returned, or its equivalent value paid, if the fish,
shellfish, or wildlife have already been donated or sold.
NEW SECTION. Sec. 10 A new section is added to chapter 77.15 RCW
to read as follows:
(1) A person is guilty of unlawfully hunting on, or retrieving
hunted wildlife from, the property of another if the person knowingly
enters or remains unlawfully in or on the premises of another for the
purpose of hunting for wildlife or retrieving hunted wildlife.
(2) In any prosecution under this section, it is a defense that:
(a) The premises were at the time open to members of the public for
the purpose of hunting, and the actor complied with all lawful
conditions imposed on access to or remaining on the premises;
(b) The actor reasonably believed that the owner of the premises,
or other person empowered to license access thereto, would have
licensed him or her to enter or remain on the premises for the purpose
of hunting or retrieving hunted wildlife; or
(c) The actor reasonably believed that the premises were not
privately owned.
(3) Unlawfully hunting on or retrieving hunted wildlife from the
property of another is a misdemeanor.
(4) If a person unlawfully hunts and kills wildlife, or retrieves
hunted wildlife that he or she has killed, on the property of another,
then, upon conviction of unlawfully hunting on, or retrieving hunted
wildlife from, the property of another, the department shall revoke all
hunting licenses and tags and order a suspension of the person's
hunting privileges for two years.
(5) Any wildlife that is unlawfully hunted on or retrieved from the
property of another must be seized by fish and wildlife officers.
Forfeiture and disposition of the wildlife is pursuant to RCW
77.15.100.
NEW SECTION. Sec. 11 A new section is added to chapter 77.15 RCW
to read as follows:
When seized property, other than fish, shellfish, and wildlife, is
judicially forfeited to the department, the department may: (1) Retain
it for official use unless the property is required to be destroyed;
(2) upon application by any law enforcement agency of the state,
release the property to the agency for use in enforcing this title; (3)
donate the property as provided under RCW 77.130.060; or (4) sell the
property and deposit the proceeds into the fish and wildlife
enforcement reward account created in RCW 77.15.425. Any sale of the
property must be done in accordance with RCW 77.130.010(1) and
77.130.020. However, the requirement in those sections for notice to
owners does not apply.
Sec. 12 RCW 77.15.110 and 2002 c 127 s 2 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) Using gear typical of that used in commercial fisheries;
(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;
(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;
(d) Taking fish or shellfish using a vessel designated on a
commercial fishery license or using gear not authorized in a personal
use fishery;
(e) Using a commercial fishery license;
(f) Selling or dealing in raw furs for a fee or in exchange for
goods or services; ((or))
(g) Performing taxidermy service on fish, shellfish, or wildlife
belonging to another person for a fee or receipt of goods or services;
or
(h) Packs, cuts, processes, or stores the meat of wildlife for
consumption, for a fee or in exchange for 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.
Sec. 13 RCW 77.15.130 and 1998 c 190 s 14 are each amended to
read as follows:
(1) A person is guilty of unlawful taking of protected fish or
wildlife if:
(a) The person hunts, fishes, possesses, or maliciously kills
protected fish or wildlife, or the person possesses or maliciously
destroys the eggs or nests of protected fish or wildlife, and the
taking has not been authorized by rule of the commission; or
(b) The person violates any rule of the commission regarding the
taking, harming, harassment, possession, or transport of protected fish
or wildlife.
(2) Unlawful taking of protected fish or wildlife is a misdemeanor.
(3) In addition to the penalties set forth in subsection (2) of
this section, if a person is convicted of violating this section and
the violation results in the death of protected wildlife listed in this
subsection, the court shall require payment of the following amounts
for each animal killed or possessed. This is a criminal wildlife
penalty assessment that must be paid to the clerk of the court and
distributed each month to the state treasurer for deposit in the fish
and wildlife enforcement reward account created in RCW 77.15.425:
(a) Ferruginous hawk, two thousand dollars;
(b) Common loon, two thousand dollars;
(c) Bald eagle, two thousand dollars;
(d) Golden eagle, two thousand dollars; and
(e) Peregrine falcon, two thousand dollars.
(4) If two or more persons are convicted under subsection (1) of
this section, and subsection (3) of this section is applicable, the
criminal wildlife penalty assessment must be imposed against the
persons jointly and separately.
(5)(a) The criminal wildlife penalty assessment under subsection
(3) of this section must be imposed regardless of and in addition to
any sentence, fines, or costs otherwise provided for violating any
provision of 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.
(b) This subsection may not be construed to abridge or alter
alternative rights of action or remedies in equity or under common law
or statutory law, criminal or civil.
(6) A defaulted criminal wildlife penalty assessment authorized
under subsection (3) of this section may be collected by any means
authorized by law for the enforcement of orders of the court or
collection of a fine or costs, including but not limited to vacation of
a deferral of sentencing or vacation of a suspension of sentence.
(7) The department shall revoke the hunting license and suspend the
hunting privileges of a person assessed a criminal wildlife penalty
assessment under this section until the penalty assessment is paid
through the registry of the court in which the penalty assessment was
assessed.
(8) The criminal wildlife penalty assessments provided in
subsection (3) of this section must be doubled in the following
instances:
(a) When a person commits a violation that requires payment of a
criminal wildlife penalty assessment within five years of a prior gross
misdemeanor or felony conviction under this title; or
(b) When the person killed the protected wildlife in question with
the intent of bartering, selling, or otherwise deriving economic profit
from the wildlife or wildlife parts.
Sec. 14 RCW 77.15.160 and 2000 c 107 s 237 are each amended to
read as follows:
((A person is guilty of an infraction, which shall)) The following
acts are infractions and must be cited and punished as provided under
chapter 7.84 RCW((, if the person)):
(1) ((Fails to immediately record a catch of fish or shellfish on
a catch record card required by RCW 77.32.430, or required by rule of
the commission under this title; or)) Fishing and shellfishing
infractions:
(2) Fishes for personal use using barbed hooks in violation of any
rule; or
(3) Violates any other rule of the commission or director that is
designated by rule as an infraction
(a) Barbed hooks: Fishing for personal use with barbed hooks in
violation of any department rule.
(b) Catch recording: Failing to immediately record a catch of
fish or shellfish on a catch record card as required by RCW 77.32.430
or department rule.
(c) Catch reporting: Failing to return a catch record card to the
department for other than Puget Sound Dungeness crab, as required by
department rule.
(d) Recreational fishing: Fishing for fish or shellfish and,
without yet possessing fish or shellfish, the person:
(i) Owns, but fails to have in the person's possession the license
or the catch record card required by chapter 77.32 RCW for such an
activity; or
(ii) Violates any department rule regarding seasons, closed areas,
closed times, or any other rule addressing the manner or method of
fishing for fish or shellfish. This subsection does not apply to use
of a net to take fish under RCW 77.15.580 or the unlawful use of
shellfish gear for personal use under RCW 77.15.382.
(e) Seaweed: Taking, possessing, or harvesting less than two times
the daily possession limit of seaweed:
(i) While owning, but not having in the person's possession, the
license required by chapter 77.32 RCW; or
(ii) In violation of any rule of the department or the department
of natural resources regarding seasons, closed areas, closed times, or
any other rule addressing the manner or method of taking, possessing,
or harvesting of seaweed.
(f) Unclassified fish or shellfish: Taking unclassified fish or
shellfish in violation of any department rule by killing, fishing,
taking, holding, possessing, or maliciously injuring or harming fish or
shellfish that is not classified as game fish, food fish, shellfish,
protected fish, or endangered fish.
(g) Wasting fish or shellfish: Killing, taking, or possessing fish
or shellfish having a value of less than two hundred fifty dollars and
allowing the fish or shellfish to be wasted.
(2) Hunting infractions:
(a) Eggs or nests: Maliciously, and without permit authorization,
destroying, taking, or harming the eggs or nests of a wild bird.
(b) Unclassified wildlife: Taking unclassified wildlife in
violation of any department rule by killing, hunting, taking, holding,
possessing, or maliciously injuring or harming wildlife that is not
classified as big game, game animals, game birds, protected wildlife,
or endangered wildlife.
(c) Wasting wildlife: Killing, taking, or possessing wildlife that
is not classified as big game and has a value of less than two hundred
fifty dollars, and allowing the wildlife to be wasted.
(d) Wild animals: Hunting for wild animals not classified as big
game and, without yet possessing the wild animals, the person owns, but
fails to have in the person's possession, all licenses, tags, or
permits required by this title.
(e) Wild birds: Hunting for and, without yet possessing a wild
bird or birds, the person:
(i) Owns, but fails to have in the person's possession, all
licenses, tags, stamps, and permits required under this title; or
(ii) Violates any department rule regarding seasons, closed areas,
closed times, or any other rule addressing the manner or method of
hunting wild birds.
(3) Trapping, taxidermy, fur dealing, and wildlife meat cutting
infractions:
(a) Recordkeeping and reporting: If a person is a taxidermist, fur
dealer, or wildlife meat cutter who is processing, holding, or storing
wildlife for commercial purposes, failing to:
(i) Maintain records as required by department rule; or
(ii) Report information from these records as required by
department rule.
(b) Trapper's report: Failing to report trapping activity as
required by department rule.
(4) Other infractions:
(a) Contests: Conducting, holding, or sponsoring a hunting
contest, a fishing contest involving game fish, or a competitive field
trial using live wildlife.
(b) Other rules: Violating any other department rule that is
designated by rule as an infraction.
(c) Posting signs: Posting signs preventing hunting or fishing on
any land not owned or leased by the person doing the posting, or
without the permission of the person who owns, leases, or controls the
land posted.
(d) Scientific permits: Using a scientific permit issued by the
director for fish, shellfish, or wildlife, but not including big game
or big game parts, and the person:
(i) Violates any terms or conditions of the scientific permit; or
(ii) Violates any department rule applicable to the issuance or use
of scientific permits.
(e) Transporting aquatic plants: Transporting aquatic plants on
any state or public road, including forest roads. However:
(i) This subsection does not apply to plants that are:
(A) Being transported to the department or to another destination
designated by the director, in a manner designated by the department,
for purposes of identifying a species or reporting the presence of a
species;
(B) Legally obtained for aquarium use, wetland or lakeshore
restoration, or ornamental purposes;
(C) Located within or on a commercial aquatic plant harvester that
is being transported to a suitable location to remove aquatic plants;
(D) Being transported in a manner that prevents their unintentional
dispersal, to a suitable location for disposal, research, or
educational purposes; or
(E) Being transported in such a way as the commission may otherwise
prescribe; and
(ii) This subsection does not apply to a person who:
(A) Is stopped at an aquatic invasive species check station and
possesses a recreational or commercial watercraft that is contaminated
with an aquatic invasive plant species if that person complies with all
department directives for the proper decontamination of the watercraft
and equipment; or
(B) Has voluntarily submitted a recreational or commercial
watercraft for inspection by the department or its designee and has
received a receipt verifying that the watercraft has not been
contaminated since its last use.
Sec. 15 RCW 77.15.170 and 1999 c 258 s 5 are each amended to read
as follows:
(1) A person is guilty of waste of fish and wildlife ((in the
second degree)) if:
(a) ((The person kills, takes, or possesses fish, shellfish, or
wildlife and the value of the fish, shellfish, or wildlife is greater
than twenty dollars but less than two hundred fifty dollars; and)) The person kills, takes, or possesses fish, shellfish, or
wildlife having a value of two hundred fifty dollars or more or
wildlife classified as big game; and
(b) The person recklessly allows such fish, shellfish, or wildlife
to be wasted.
(2) A person is guilty of waste of fish and wildlife in the first
degree if:
(a)
(b) The person recklessly allows such fish, shellfish, or wildlife
to be wasted.
(((3)(a) Waste of fish and wildlife in the second degree is a
misdemeanor.)) (2) Waste of fish and wildlife ((
(b)in the first degree)) is a
gross misdemeanor. Upon conviction, the department shall revoke any
license or tag used in the crime and shall order suspension of the
person's privileges to engage in the activity in which the person
committed waste of fish and wildlife ((in the first degree)) for a
period of one year.
(((4))) (3) It is prima facie evidence of waste if:
(a) A processor purchases or engages a quantity of food fish,
shellfish, or game fish that cannot be processed within sixty hours
after the food fish, game fish, or shellfish are taken from the water,
unless the food fish, game fish, or shellfish are preserved in good
marketable condition; or
(b) A person brings a big game animal to a wildlife meat cutter and
then abandons the animal. For purposes of this subsection (3)(b), a
big game animal is deemed to be abandoned when its carcass is placed in
the custody of a wildlife meat cutter for butchering and processing
and:
(i) Having been placed in such custody for an unspecified period of
time, the meat is not removed within thirty days after the wildlife
meat cutter gives notice to the person who brought in the carcass or,
having been so notified, the person who brought in the carcass refuses
or fails to pay the agreed upon or reasonable charges for the
butchering or processing of the carcass; or
(ii) Having been placed in such custody for a specified period of
time, the meat is not removed at the end of the specified period or the
person who brought in the carcass refuses to pay the agreed upon or
reasonable charges for the butchering or processing of the carcass.
Sec. 16 RCW 77.15.190 and 1999 c 258 s 9 are each amended to read
as follows:
(1) 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 department 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, with the exception of reporting rules; 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. 17 RCW 77.15.240 and 1998 c 190 s 30 are each amended to
read as follows:
(1) 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, harassing, attacking, or ((injuring)) killing deer, elk,
moose, caribou, mountain sheep, or ((an)) animals classified as
endangered under this title; or
(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) For purposes of this section, a dog is "under a person's
control" if the dog is owned or possessed by, or in the custody of, a
person.
(3) 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.))
(4) If a dog is pursuing, harassing, attacking, or killing deer,
elk, moose, caribou, mountain sheep, or animals classified as protected
or endangered under this title, fish and wildlife officers and ex
officio fish and wildlife officers may lawfully destroy the dog if
necessary. Fish and wildlife officers and ex officio fish and wildlife
officers who destroy a dog pursuant to this section are immune from
civil or criminal liability arising from their actions.
Sec. 18 RCW 77.15.260 and 2001 c 253 s 33 are each amended to
read as follows:
(1) A person is guilty of unlawful trafficking in fish, shellfish,
or wildlife in the second degree if the person traffics in fish,
shellfish, or wildlife with a wholesale value of less than two hundred
fifty dollars and:
(a) The fish or wildlife is classified as game, food fish,
shellfish, game fish, or protected wildlife and the trafficking is not
authorized by statute or department rule ((of the department)); or
(b) The fish, shellfish, or wildlife is unclassified and the
trafficking violates any department rule ((of the department)).
(2)(a) A person is guilty of unlawful trafficking in fish,
shellfish, or wildlife in the first degree if the person commits the
act described by subsection (1) of this section and:
(((a))) (i) The fish, shellfish, or wildlife has a value of two
hundred fifty dollars or more; or
(((b))) (ii) The fish, shellfish, or wildlife is designated as an
endangered species or deleterious exotic wildlife and such trafficking
is not authorized by any statute or department rule ((of the
department)).
(b) For purposes of this subsection (2), whenever any series of
transactions that constitute unlawful trafficking would, when
considered separately, constitute unlawful trafficking in the second
degree due to the value of the fish, shellfish, or wildlife, and the
series of transactions are part of a common scheme or plan, then the
transactions may be aggregated in one count and the sum of the value of
all the transactions considered when determining the degree of unlawful
trafficking involved.
(3)(a) Unlawful trafficking in fish, shellfish, or wildlife in the
second degree is a ((gross misdemeanor)) class C felony.
(b) Unlawful trafficking in fish, shellfish, or wildlife in the
first degree is a class ((C)) B felony.
Sec. 19 RCW 77.15.280 and 2008 c 244 s 2 are each amended to read
as follows:
(1) A person is guilty of violating rules requiring reporting of
fish or wildlife harvest if the person:
(a) Fails to make a harvest log report of a commercial fish or
shellfish catch in violation of any department rule ((of the commission
or the director)); or
(b) ((Fails to maintain a trapper's report or taxidermist ledger in
violation of any rule of the commission or the director;)) Fails to submit any portion of a big game animal for ((
(c)a
required)) an inspection as required by department rule ((of the
commission or the director; or)).
(d) Fails to return a catch record card to the department as
required by rule of the commission or director, except for catch record
cards officially endorsed for Puget Sound Dungeness crab
(2) Violating rules requiring reporting of fish or wildlife harvest
is a misdemeanor.
Sec. 20 RCW 77.15.290 and 2007 c 350 s 6 are each amended to read
as follows:
(1) A person is guilty of unlawful transportation of fish or
wildlife in the second degree if the person:
(a) Knowingly imports, moves within the state, or exports fish,
shellfish, or wildlife in violation of any department rule ((of the
commission or the director)) governing the transportation or movement
of fish, shellfish, or wildlife and the transportation does not involve
big game, endangered fish or wildlife, deleterious exotic wildlife, or
fish, shellfish, or wildlife having a value greater than two hundred
fifty dollars; or
(b) Possesses but fails to affix or notch a big game transport tag
as required by department rule ((of the commission or director)).
(2) A person is guilty of unlawful transportation of fish or
wildlife in the first degree if the person:
(a) Knowingly imports, moves within the state, or exports fish,
shellfish, or wildlife in violation of any department rule ((of the
commission or the director)) governing the transportation or movement
of fish, shellfish, or wildlife and the transportation involves big
game, endangered fish or wildlife, deleterious exotic wildlife, or
fish, shellfish, or wildlife with a value of two hundred fifty dollars
or more; or
(b) Knowingly transports shellfish, shellstock, or equipment used
in commercial culturing, taking, handling, or processing shellfish
without a permit required by authority of this title.
(3)(a) Unlawful transportation of fish or wildlife in the second
degree is a misdemeanor.
(b) Unlawful transportation of fish or wildlife in the first degree
is a gross misdemeanor.
(4) ((A person is guilty of unlawful transport of aquatic plants if
the person transports aquatic plants on any state or public road,
including forest roads, except as provided in this section.)) This section does not apply to: (a) Any person stopped at an
aquatic invasive species check station who possesses a recreational or
commercial watercraft that is contaminated with an aquatic invasive
species if that person complies with all department directives for the
proper decontamination of the watercraft and equipment; or (b) any
person who has voluntarily submitted a recreational or commercial
watercraft for inspection by the department or its designee and has
received a receipt verifying that the watercraft has not been
contaminated since its last use.
(5) Unless otherwise prohibited by law, a person may transport
aquatic plants:
(a) To the department, or to another destination designated by the
director, in a manner designated by the department, for purposes of
identifying a species or reporting the presence of a species;
(b) When legally obtained for aquarium use, wetland or lakeshore
restoration, or ornamental purposes;
(c) When transporting a commercial aquatic plant harvester to a
suitable location for purposes of removing aquatic plants;
(d) In a manner that prevents their unintentional dispersal, to a
suitable location for disposal, research, or educational purposes; or
(e) As the commission may otherwise prescribe.
(6) Unlawful transport of aquatic plants is a misdemeanor.
(7)
Sec. 21 RCW 77.15.370 and 2009 c 333 s 17 are each amended to
read as follows:
(1) A person is guilty of unlawful recreational fishing in the
first degree if:
(a) The person takes, possesses, or retains two times or more than
the bag limit or possession limit of fish or shellfish allowed by any
rule of the director or commission setting the amount of food fish,
game fish, or shellfish that can be taken, possessed, or retained for
noncommercial use;
(b) The person fishes in a fishway;
(c) The person shoots, gaffs, snags, snares, spears, dipnets, or
stones fish or shellfish in state waters, or possesses fish or
shellfish taken by such means, unless such means are authorized by
express department rule ((of the commission or director));
(d) The person fishes for or possesses a fish listed as threatened
or endangered in 50 C.F.R. Sec. ((17.11 (2002))) 223.102 (2006) or Sec.
224.101 (2010), unless fishing for or possession of such fish is
specifically allowed under federal or state law; ((or))
(e) The person possesses a sturgeon measuring in excess of the
maximum size limit as established by rules adopted by the department;
or
(f) The person possesses a salmon or steelhead during a season
closed for that species.
(2) Unlawful recreational fishing in the first degree is a gross
misdemeanor.
Sec. 22 RCW 77.15.380 and 2010 c 193 s 5 are each amended to read
as follows:
(1) A person is guilty of unlawful recreational fishing in the
second degree if the person fishes for((,)) fish or shellfish and,
whether or not the person possesses fish or shellfish, the person has
not purchased the appropriate fishing or shellfishing license and catch
record card issued to Washington residents or nonresidents under
chapter 77.32 RCW.
(2) A person is guilty of unlawful recreational fishing in the
second degree if the person takes, possesses, or harvests fish or
shellfish and:
(a) The person owns, but does not have ((and possess)) in the
person's possession, the license or the catch record card required by
chapter 77.32 RCW for such activity; or
(b) The action violates any department rule ((of the commission or
the director)) regarding seasons, bag or possession limits but less
than two times the bag or possession limit, closed areas, closed times,
or any other rule addressing the manner or method of fishing or
possession of fish((, except for)). This section does not apply to use
of a net to take fish ((as provided for in)) under RCW 77.15.580
((and)) or the unlawful use of shellfish gear for personal use ((as
provided in)) under RCW 77.15.382.
(((2))) (3) Unlawful recreational fishing in the second degree is
a misdemeanor.
Sec. 23 RCW 77.15.390 and 2001 c 253 s 40 are each amended to
read as follows:
(1) A person is guilty of unlawful taking of seaweed if the person
takes, possesses, or harvests seaweed and:
(a) The person ((does not have and possess the license required by
chapter 77.32 RCW for taking seaweed)) has not purchased a personal use
shellfish and seaweed license issued to Washington residents or
nonresidents under chapter 77.32 RCW; or
(b) The ((action violates any rule of the department or the
department of natural resources regarding seasons, possession limits,
closed areas, closed times, or any other rule addressing the manner or
method of taking, possessing, or harvesting)) person takes, possesses,
or harvests seaweed in an amount that is two times or more of the daily
possession limit of seaweed.
(2) Unlawful taking of seaweed is a misdemeanor. This does not
affect rights of the state to recover civilly for trespass, conversion,
or theft of state-owned valuable materials.
Sec. 24 RCW 77.15.400 and 2006 c 148 s 1 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 hunts for wild birds and, whether or not
the person possesses wild birds, the person has not purchased the
appropriate hunting license issued to Washington residents or
nonresidents under chapter 77.32 RCW.
(2) A person is guilty of unlawful hunting of wild birds in the
second degree if the person takes or possesses less than two times the
bag or possession limit of wild birds and the person:
(a) ((Hunts for, takes, or possesses a wild bird and the person
does not have and possess)) Owns, but does not have in the person's
possession, all licenses, tags, stamps, and permits required under this
title; or
(b) ((Maliciously destroys, takes, or harms the eggs or nests of a
wild bird except when authorized by permit;)) Violates any department rule ((
(c)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))) (3) 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 department
rule ((of the commission or director)).
(((3))) (4)(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))) (5) 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 department 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.
NEW SECTION. Sec. 25 A new section is added to chapter 77.15 RCW
to read as follows:
(1) A person is guilty of unlawful destruction of the eggs or nests
of wild birds if the person was previously found to have committed an
infraction for maliciously destroying, taking, or harming the eggs or
nests of a wild bird, or was previously convicted under RCW
77.15.400(1)(b) as it existed prior to the effective date of this
section, and within five years of the date that the infraction
adjudication or prior conviction was entered, the person maliciously
destroys, takes, or harms the eggs or nests of a wild bird, unless
authorized by permit.
(2) Unlawful destruction of the eggs or nests of wild birds is a
misdemeanor.
Sec. 26 RCW 77.15.410 and 2011 c 133 s 1 are each amended to read
as follows:
(1) 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; or
(b) Violates any department 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 commits the act described in subsection (1) of
this section and:
(a) The person hunts for, takes, or possesses three or more big
game animals within the same course of events; or
(b) The act occurs within five years of the date of a prior
conviction under this title involving unlawful hunting, killing,
possessing, or taking 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 closed season, closed area, ((or
taken)) without the proper license, tag, or permit using an unlawful
method, or in excess of the bag or possession limit, the department
shall revoke all of the person's hunting licenses and tags and order a
suspension of the person's 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 of the
person's hunting licenses or tags and order the person's hunting
privileges suspended for ten years.
(4) For the purposes of this section, "same course of events" means
within one twenty-four hour period, or a pattern of conduct composed of
a series of acts that are unlawful under subsection (1) of this
section, over a period of time evidencing a continuity of purpose.
Sec. 27 RCW 77.15.430 and 1999 c 258 s 4 are each amended to read
as follows:
(1) A person is guilty of unlawful hunting of wild animals in the
second degree if the person hunts for wild animals not classified as
big game and, whether or not the person possesses the wild animals, the
person has not purchased the appropriate hunting license issued to
Washington residents or nonresidents under chapter 77.32 RCW.
(2) 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 owns, but does not have ((and possess))
in the person's possession, all licenses, tags, or permits required by
this title; or
(b) Violates any department 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 any 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))) (3) 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 department rule ((of the
commission or director)).
(((3))) (4)(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.
Sec. 28 RCW 77.15.460 and 1999 c 258 s 7 are each amended to read
as follows:
(1) A person is guilty of unlawful possession of a loaded ((firearm
in a motor vehicle)) rifle or shotgun in or on a motor vehicle, as
defined in RCW 46.04.320, if:
(a) The person carries, transports, conveys, possesses, or controls
a rifle or shotgun in or on a motor vehicle; and
(b) The rifle or shotgun contains shells or cartridges in the
magazine or chamber, or is a muzzle-loading firearm that is loaded and
capped or primed.
(2) A person is guilty of unlawful use of a loaded firearm if:
(a) The person negligently ((shoots)) discharges a firearm from,
across, or along the maintained portion of a public highway; or
(b) The person discharges a firearm from within a motor vehicle.
(3) Unlawful possession of a loaded ((firearm in)) rifle or shotgun
in or on a motor vehicle or unlawful use of a loaded firearm is a
misdemeanor.
(4) This section does not apply if the person:
(a) Is a law enforcement officer who is authorized to carry a
firearm and is on duty within the officer's respective jurisdiction;
(b) Possesses a disabled hunter's permit as provided by RCW
77.32.237 and complies with all rules of the department concerning
hunting by persons with disabilities.
(5) For purposes of subsection (1) of this section, a ((firearm))
rifle or shotgun shall not be considered loaded if the detachable clip
or magazine is not inserted in or attached to the ((firearm)) rifle or
shotgun.
Sec. 29 RCW 77.15.610 and 2009 c 333 s 5 are each amended to read
as follows:
(1) A person who holds a fur ((buyer's)) dealer's license or
taxidermy license is guilty of unlawful use of a commercial wildlife
license if the person((:)) fails to purchase and have in the ((
(a)license in)) person's
possession the required license while engaged in fur buying or
practicing taxidermy for commercial purposes((; or)).
(b) Violates any rule of the department regarding reporting
requirements or the use, possession, display, or presentation of the
taxidermy or fur buyer's license
(2) Unlawful use of a commercial wildlife license is a misdemeanor.
Sec. 30 RCW 77.15.620 and 2009 c 333 s 20 are each amended to
read as follows:
(1) A person is guilty of engaging in fish dealing activity without
a license in the second degree if the person:
(a) Engages in the commercial processing of fish or shellfish,
including custom canning or processing of personal use fish or
shellfish and does not hold a wholesale dealer's license required by
RCW 77.65.280(1) or 77.65.480 for anadromous game fish, or a direct
retail endorsement under RCW 77.65.510;
(b) Engages in the wholesale selling, buying, or brokering of food
fish or shellfish and does not hold a wholesale dealer's or buying
license required by RCW 77.65.280(2) or 77.65.480 for anadromous game
fish;
(c) Is a fisher who lands and sells his or her catch or harvest in
the state to anyone other than a licensed wholesale dealer within or
outside the state and does not hold a direct retail endorsement
required by RCW 77.65.510; or
(d) Engages in the commercial manufacture or preparation of
fertilizer, oil, meal, caviar, fish bait, or other by-products from
food fish or shellfish and does not hold a wholesale dealer's license
required by RCW 77.65.280(4) or 77.65.480 for anadromous game fish.
(2) ((Engaging in fish dealing activity without a license in the
second degree is a gross misdemeanor.)) A person is guilty of engaging in fish dealing activity
without a license in the first degree if the person commits the act
described by subsection (1) of this section and the violation
involves((
(3): (a))) fish or shellfish worth two hundred fifty dollars or
more((; (b) a failure to document such fish or shellfish with a fish
receiving ticket or other documentation required by statute or rule of
the department; or (c) violates [a violation of] any other rule of the
department regarding wholesale fish buying and dealing)).
(3)(a) Engaging in fish dealing activity without a license in the
second degree is a gross misdemeanor.
(b) Engaging in fish dealing activity without a license in the
first degree is a class C felony.
Sec. 31 RCW 77.15.630 and 2000 c 107 s 254 are each amended to
read as follows:
(1) A person who ((holds a fish dealer's license required by RCW
77.65.280, an anadromous game fish buyer's license required by RCW
77.65.480, or a fish buyer's license required by RCW 77.65.340 is
guilty of unlawful use of fish buying and dealing licenses)) acts in
the capacity of a wholesale fish dealer, anadromous game fish buyer, or
a fish buyer is guilty of unlawful fish and shellfish catch accounting
in the second degree if the person:
(a) Possesses or receives fish or shellfish for commercial purposes
worth less than two hundred fifty dollars; and
(b) Fails to document such fish or shellfish with a fish-receiving
ticket or other documentation required by statute or department rule
((of the department)); or
(c) Fails to sign the fish receiving ticket or other required
documentation, fails to provide all of the information required by
statute or department rule on the fish receiving ticket or other
documentation, or both.
(2) A person is guilty of unlawful ((use of fish buying and dealing
licenses)) fish and shellfish catch accounting in the first degree if
the person commits the act described by subsection (1) of this section
and:
(a) The violation involves fish or shellfish worth two hundred
fifty dollars or more;
(b) The person acted with knowledge that the fish or shellfish were
taken from a closed area, at a closed time, or by a person not licensed
to take such fish or shellfish for commercial purposes; or
(c) The person acted with knowledge that the fish or shellfish were
taken in violation of any tribal law.
(3)(a) Unlawful ((use of fish buying and dealing licenses)) fish
and shellfish catch accounting in the second degree is a gross
misdemeanor.
(b) Unlawful ((use of fish buying and dealing licenses)) fish and
shellfish catch accounting in the first degree is a class C felony.
Upon conviction, the department shall suspend all privileges to engage
in fish buying or dealing for two years.
Sec. 32 RCW 77.15.640 and 2002 c 301 s 8 are each amended to read
as follows:
(1) A person who holds a wholesale fish dealer's license required
by RCW 77.65.280, an anadromous game fish buyer's license required by
RCW 77.65.480, a fish buyer's license required by RCW 77.65.340, or a
direct retail endorsement under RCW 77.65.510 is guilty of ((violating
rules governing)) unlawful wholesale fish buying and dealing if the
person:
(a) Fails to possess or display his or her license when engaged in
any act requiring the license; or
(b) Fails to display or uses the license in violation of any
department rule ((of the department;)).
(c) Files a signed fish-receiving ticket but fails to provide all
information required by rule of the department; or
(d) Violates any other rule of the department regarding wholesale
fish buying and dealing
(2) ((Violating rules governing)) Unlawful wholesale fish buying
and dealing is a gross misdemeanor.
Sec. 33 RCW 77.15.650 and 2008 c 10 s 2 are each amended to read
as follows:
(1) A person is guilty of unlawful purchase or use of a license in
the second degree if the person buys, holds, uses, displays, transfers,
or obtains any license, tag, permit, or approval required by this title
and the person:
(a) Uses false information to buy, hold, use, display, or obtain a
license, permit, tag, or approval;
(b) Acquires, holds, or buys in excess of one license, permit, or
tag for a license year if only one license, permit, or tag is allowed
per license year;
(c) Except as authorized under RCW 77.32.565, uses or displays a
license, permit, tag, or approval that was issued to another person;
(d) Except as authorized under RCW 77.32.565, permits or allows a
license, permit, tag, or approval to be used or displayed by another
person not named on the license, permit, tag, or approval;
(e) Acquires or holds a license while privileges for the license
are revoked or suspended;
(f) Holds a resident license from another state or country. This
subsection (1)(f) only applies if the Washington license, tag, permit,
or approval that the person buys, holds, uses, displays, transfers, or
obtains is a resident license. It is prima facie evidence of a
violation of this section if any person who has a resident license from
another state or country purchases a resident license, tag, permit, or
approval in Washington. This subsection does not apply to individuals
who meet the definition of "resident" in section 4(2), (3), and (4) of
this act.
(2) A person is guilty of unlawful purchase or use of a license in
the first degree if the person commits the act described by subsection
(1) of this section and the person was acting with intent that the
license, permit, tag, or approval be used for any commercial purpose.
A person is presumed to be acting with such intent if the violation
involved obtaining, holding, displaying, or using a license or permit
for participation in any commercial fishery issued under this title or
a license authorizing fish or wildlife buying, trafficking, or
wholesaling.
(3)(a) Unlawful purchase or use of a license in the second degree
is a gross misdemeanor. Upon conviction, the department shall revoke
any unlawfully used or held licenses and order a two-year suspension of
participation in the activities for which the person unlawfully
obtained, held, or used a license, permit, tag, or approval.
(b) Unlawful purchase or use of a license in the first degree is a
class C felony. Upon conviction, the department shall revoke any
unlawfully used or held licenses and order a five-year suspension of
participation in any activities for which the person unlawfully
obtained, held, or used a license, permit, tag, or approval.
(4) For purposes of this section, a person "uses" a license,
permit, tag, or approval if the person engages in any activity
authorized by the license, permit, tag, or approval held or possessed
by the person. Such uses include but are not limited to fishing,
hunting, taking, trapping, delivery or landing fish or wildlife, and
selling, buying, or wholesaling of fish or wildlife.
(5) Any license obtained in violation of this section is void upon
issuance and is of no legal effect.
Sec. 34 RCW 77.15.660 and 1998 c 190 s 55 are each amended to
read as follows:
(1) A person is guilty of unlawful use of a scientific permit if
the permit issued by the director is for big game or big game parts,
and the person:
(a) Violates any terms or conditions of ((a)) the scientific permit
((issued by the director));
(b) Buys or sells ((fish or wildlife taken)) big game or big game
parts that were taken or acquired with a scientific permit; or
(c) Violates any department rule ((of the commission or the
director)) applicable to the issuance or use of scientific permits.
(2) Unlawful use of a scientific permit is a gross misdemeanor.
Sec. 35 RCW 77.15.700 and 2009 c 333 s 2 are each amended to read
as follows:
(1) The department shall ((impose revocation and suspension of))
revoke a person's recreational license or licenses and suspend a
person's recreational license privileges in the following
circumstances:
(a) Upon conviction, if directed by statute for an offense.
(b) Upon conviction ((of a violation not involving commercial
fishing)), failure to appear at a hearing to contest an infraction or
criminal charge, or an unvacated payment of a fine or a finding of
committed as a final disposition for any infraction, if the department
finds that actions of the defendant demonstrated a willful or wanton
disregard for conservation of fish or wildlife. Suspension of
privileges under this subsection may be permanent.
(c) If a person is convicted, fails to appear at a hearing to
contest an infraction or criminal citation, or has an unvacated payment
of a fine or a finding of committed as a final disposition for any
infraction, twice within ten years for a violation involving unlawful
hunting, killing, or possessing big game. Revocation and suspension
under this subsection must be ordered for all hunting privileges for
two years.
(d) If a person violates, three times or more in a ten-year period,
recreational hunting or fishing laws or rules for which the person:
(i) Is convicted of an offense; (ii) has an ((uncontested notice of))
unvacated payment of a fine or a finding of committed as a final
disposition for any infraction; or (iii) fails to appear at a hearing
to contest ((a fish and wildlife infraction; or (iv) is found to have
committed)) an infraction or a criminal citation. Revocation and
suspension under this subsection must be ordered of all recreational
hunting and fishing privileges for two years.
(2)(a) A violation punishable as an infraction counts towards the
revocation and suspension of recreational hunting and fishing
privileges under this section if that violation is:
(i) Punishable as a crime on July 24, 2005, and is subsequently
decriminalized; or
(ii) One of the following violations, as they exist on July 24,
2005: RCW 77.15.160; WAC 220-56-116; WAC 220-56-315(11); or WAC 220-56-355 (1) through (4).
(b) The commission may, by rule, designate infractions that do not
count towards the revocation and suspension of recreational hunting and
fishing privileges.
(3) If either the deferred education licensee or the required
nondeferred accompanying person, hunting under the authority of RCW
77.32.155(2), is convicted of a violation of this title, fails to
appear at a hearing to contest a fish and wildlife infraction or a
criminal citation, or has an unvacated payment of a fine or a finding
of committed as a final disposition for any fish and wildlife
infraction, except for a violation of RCW 77.15.400 (1) through (((3)))
(4), the department may revoke all hunting licenses and tags and may
order a suspension of either or both the deferred education licensee's
and the nondeferred accompanying person's hunting privileges for one
year.
(4) A person who has a recreational license revoked and privileges
suspended under this section may file an appeal with the department
pursuant to chapter 34.05 RCW. An appeal must be filed within twenty
days of notice of license revocation and privilege suspension. If an
appeal is filed, the revocation and suspension issued by the department
do not take effect until twenty-one days after the department has
delivered an opinion. If no appeal is filed within twenty days of
notice of license revocation and suspension, the right to an appeal is
waived, and the revocation and suspension take effect twenty-one days
following the notice of revocation and suspension.
(5) A recreational license revoked and privilege suspended under
this section is in addition to the statutory penalties assigned to the
underlying violation.
Sec. 36 RCW 77.15.720 and 2000 c 107 s 258 are each amended to
read as follows:
(1)(a) If a person ((shoots)) discharges a firearm, bow, or
crossbow while hunting and in a manner that injures, or that a
reasonable person would believe is likely to injure, another person
((or domestic livestock while hunting)), the director shall revoke all
of the shooter's hunting licenses and suspend all hunting privileges
for three years. If the shooting ((of another person or livestock is
the result of criminal negligence or reckless or intentional conduct,
then the person's)) kills or results in the death of another person,
then the director shall revoke all of the shooter's hunting licenses
and suspend all of the person's hunting privileges ((shall be
suspended)) for ten years. ((The))
(b) If a person, with malice, discharges a firearm, bow, or
crossbow while hunting and in a manner that kills or causes substantial
bodily harm to livestock belonging to another person, the director
shall revoke all of the shooter's hunting licenses and suspend all
hunting privileges for three years. For the purposes of this
subsection (1)(b), "malice" has the same meaning as provided in RCW
9A.04.110 but applies to acts against livestock.
(2) A suspension under subsection (1) of this section shall be
continued beyond ((these)) the applicable periods if damages owed to
the victim or livestock owner have not been paid by the suspended
person. ((A)) In such a case, no hunting license shall ((not)) be
reissued to the suspended person unless authorized by the director.
(((2) Within twenty days of service of an order suspending
privileges or imposing conditions under this section or RCW 77.15.710,
a person may petition for administrative review under chapter 34.05 RCW
by serving the director with a petition for review. The order is final
and unappealable if there is no timely petition for administrative
review.)) (3) A person who is notified of a license revocation under
this section may request an appeal hearing under chapter 34.05 RCW.
(((3))) (4) The commission may by rule authorize petitions for
reinstatement of administrative suspensions and define circumstances
under which such a reinstatement will be allowed.
Sec. 37 RCW 77.15.740 and 2008 c 225 s 2 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, it is
unlawful to:
(a) ((Approach, by any means, within three hundred feet of a
southern resident orca whale (Orcinus orca);)) Cause a vessel or other object to approach, in any manner,
within two hundred yards of a southern resident orca whale;
(b) Cause a vessel or other object to approach within three hundred
feet of a southern resident orca whale;
(c) Intercept a southern resident orca whale. A person intercepts
a southern resident orca whale when that person places a vessel or
allows a vessel to remain in the path of a whale and the whale
approaches within three hundred feet of that vessel;
(d) Fail to disengage the transmission of a vessel that is within
three hundred feet of a southern resident orca whale, for which the
vessel operator is strictly liable; or
(e) Feed a southern resident orca whale, for which any person
feeding a southern resident orca whale is strictly liable.
(2) A person is exempt from subsection (1) of this section where:
(a) A reasonably prudent person in that person's position would
determine that compliance with the requirements of subsection (1) of
this section will threaten the safety of the vessel, the vessel's crew
or passengers, or is not feasible due to vessel design limitations, or
because the vessel is restricted in its ability to maneuver due to
wind, current, tide, or weather;
(b) That person is lawfully participating in a commercial fishery
and is engaged in actively setting, retrieving, or closely tending
commercial fishing gear;
(c) That person is acting in the course of official duty for a
state, federal, tribal, or local government agency; or
(d) That person is acting pursuant to and consistent with
authorization from a state or federal government agency.
(3) Nothing in this section is intended to conflict with existing
rules regarding safe operation of a vessel or vessel navigation rules.
(4)
(b) Position a vessel to be in the path of a southern resident orca
whale at any point located within four hundred yards of the whale.
This includes intercepting a southern resident orca whale by
positioning a vessel so that the prevailing wind or water current
carries the vessel into the path of the whale at any point located
within four hundred yards of the whale;
(c) Fail to disengage the transmission of a vessel that is within
two hundred yards of a southern resident orca whale; or
(d) Feed a southern resident orca whale.
(2) A person is exempt from subsection (1) of this section if that
person is:
(a) Operating a federal government vessel in the course of his or
her official duties, or operating a state, tribal, or local government
vessel when engaged in official duties involving law enforcement,
search and rescue, or public safety;
(b) Operating a vessel in conjunction with a vessel traffic service
established under 33 C.F.R. and following a traffic separation scheme,
or complying with a vessel traffic service measure of direction. This
also includes support vessels escorting ships in the traffic lanes,
such as tug boats;
(c) Engaging in an activity, including scientific research,
pursuant to a permit or other authorization from the national marine
fisheries service and the department;
(d) Lawfully engaging in a treaty Indian or commercial fishery that
is actively setting, retrieving, or closely tending fishing gear; or
(e) Conducting vessel operations necessary to avoid an imminent and
serious threat to a person, vessel, or the environment, including when
necessary for overall safety of navigation and to comply with state and
federal navigation requirements.
(3) For the purpose of this section, "vessel" includes aircraft,
canoes, fishing vessels, kayaks, personal watercraft, rafts,
recreational vessels, tour boats, whale watching boats, vessels engaged
in whale watching activities, or other small craft including power
boats and sailboats.
(((5))) (4)(a) A violation of this section is a natural resource
infraction punishable under chapter 7.84 RCW.
(b) A person who qualifies for an exemption under subsection (2) of
this section may offer that exemption as an affirmative defense, which
that person must prove by a preponderance of the evidence.
NEW SECTION. Sec. 38 The following acts or parts of acts are
each repealed:
(1) RCW 77.12.315 (Dogs harassing deer and elk -- Declaration of
emergency -- Taking dogs into custody or destroying -- Immunity) and 2000
c 107 s 221, 1987 c 506 s 40, 1980 c 78 s 49, & 1971 ex.s. c 183 s 1;
(2) RCW 77.15.140 (Unclassified fish or wildlife -- Unlawful taking--Penalty) and 1998 c 190 s 15;
(3) RCW 77.15.220 (Unlawful posting -- Penalty) and 1998 c 190 s 25;
and
(4) RCW 77.15.330 (Unlawful hunting or fishing contests -- Penalty)
and 2001 c 253 s 36 & 1998 c 190 s 56.
NEW SECTION. Sec. 39 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.