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[2005 c 107 § 1; 2001 c 253 § 31. Prior: 2000 c 248 § 1; 2000 c 107 § 260; 1997 c 1 § 1 (Initiative Measure No. 655, approved November 5, 1996). Formerly RCW 77.16.360.]
Notes: Effective date -- 2000 c 248: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2000]." [2000 c 248 § 2.]
Severability -- 1997 c 1 (Initiative Measure No. 655): "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." [1997 c 1 § 2 (Initiative Measure No. 655, approved November 5, 1996).]
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77.15.250
Unlawful release of fish, shellfish, or wildlife — Penalty — Unlawful release of deleterious exotic wildlife — Penalty.
(1)(a) A person is guilty of unlawfully releasing, planting, or placing fish, shellfish, or wildlife if the person knowingly releases, plants, or places live fish, shellfish, wildlife, or aquatic plants within the state, and the fish, shellfish, or wildlife have not been classified as deleterious wildlife. This subsection does not apply to a release of game fish into private waters for which a game fish stocking permit has been obtained, or the planting of fish or shellfish by permit of the commission.
(b) A violation of this subsection is a gross misdemeanor. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, aquatic plants, or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish, shellfish, aquatic plants, or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release.
(2)(a) A person is guilty of unlawful release of deleterious exotic wildlife if the person knowingly releases, plants, or places live fish, shellfish, or wildlife within the state and such fish, shellfish, or wildlife has been classified as deleterious exotic wildlife by rule of the commission.
(b) A violation of this subsection is a class C felony. In addition, the department shall also order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish, shellfish, or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release.
[2001 c 253 § 32; 1998 c 190 § 31.]
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77.15.253
Unlawful use of prohibited aquatic animal species — Penalty.
(1) A person is guilty of unlawful use of a prohibited aquatic animal species if he or she possesses, imports, purchases, sells, propagates, transports, or releases a prohibited aquatic animal species within the state, except as provided in this section.
(2) Unless otherwise prohibited by law, a person may:
(a) Transport prohibited aquatic animal species to the department, or to another destination designated by the director, in a manner designated by the director, for purposes of identifying a species or reporting the presence of a species;
(b) Possess a prohibited aquatic animal species if he or she is in the process of removing it from watercraft or equipment in a manner specified by the department;
(c) Release a prohibited aquatic animal species if the species was caught while fishing and it is being immediately returned to the water from which it came; or
(d) Possess, transport, or release a prohibited aquatic animal species as the commission may otherwise prescribe.
(3) Unlawful use of a prohibited aquatic animal species is a gross misdemeanor. A subsequent violation of subsection (1) of this section within five years is a class C felony.
(4) A person is guilty of unlawful release of a regulated aquatic animal species if he or she releases a regulated aquatic animal species into state waters, unless allowed by the commission.
(5) Unlawful release of a regulated aquatic animal species is a gross misdemeanor.
(6) A person is guilty of unlawful release of an unlisted aquatic animal species if he or she releases an unlisted aquatic animal species into state waters without requesting a commission designation under RCW 77.12.020.
(7) Unlawful release of an unlisted aquatic animal species is a gross misdemeanor.
(8) This section does not apply to the transportation or release of organisms in ballast water.
[2002 c 281 § 4.]
Notes: Purpose -- 2002 c 281: See note following RCW 77.08.010.
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77.15.260
Unlawful trafficking in fish, shellfish, or wildlife — Penalty.
(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 rule of the department; or
(b) The fish, shellfish, or wildlife is unclassified and the trafficking violates any rule of the department.
(2) 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) The fish, shellfish, or wildlife has a value of two hundred fifty dollars or more; or
(b) 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 rule of the department.
(3)(a) Unlawful trafficking in fish, shellfish, or wildlife in the second degree is a gross misdemeanor.
(b) Unlawful trafficking in fish, shellfish, or wildlife in the first degree is a class C felony.
[2001 c 253 § 33; 1998 c 190 § 42.]
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77.15.270
Providing false information — Penalty.
(1) A person is guilty of providing false information regarding fish, shellfish, or wildlife if the person knowingly provides false or misleading information required by any statute or rule to be provided to the department regarding the taking, delivery, possession, transportation, sale, transfer, or any other use of fish, shellfish, or wildlife.
(2) Providing false information regarding fish, shellfish, or wildlife is a gross misdemeanor.
[2001 c 253 § 34; 1998 c 190 § 46.]
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77.15.280
Reporting of fish or wildlife harvest — Rules violation — Penalty.
(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 rule of the commission or the director;
(b) Fails to maintain a trapper's report or taxidermist ledger in violation of any rule of the commission or the director;
(c) Fails to submit any portion of a big game animal for a required inspection required by 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.
(2) Violating rules requiring reporting of fish or wildlife harvest is a misdemeanor.
[2005 c 418 § 2; 1998 c 190 § 47.]
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77.15.290
Unlawful transportation of fish or wildlife — Unlawful transport of aquatic plants — Penalty.
(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 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 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 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.
(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.
[2002 c 281 § 7; 2001 c 253 § 35; 1998 c 190 § 48.]
Notes: Purpose -- 2002 c 281: See note following RCW 77.08.010.
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77.15.300
Unlawful hydraulic project activities — Penalty.
(1) A person is guilty of unlawfully undertaking hydraulic project activities if the person constructs any form of hydraulic project or performs other work on a hydraulic project and:
(a) Fails to have a hydraulic project approval required under chapter 77.55 RCW for such construction or work; or
(b) Violates any requirements or conditions of the hydraulic project approval for such construction or work.
(2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor.
[2000 c 107 § 239; 1998 c 190 § 52.]
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77.15.310
Unlawful failure to use or maintain approved fish guard on water diversion device — Penalty.
(1) A person is guilty of unlawful failure to use or maintain an approved fish guard on a diversion device if the person owns, controls, or operates a device used for diverting or conducting water from a lake, river, or stream and:
(a) The device is not equipped with a fish guard, screen, or bypass approved by the director as required by *RCW 77.55.040 or 77.55.320; or
(b) The person knowingly fails to maintain or operate an approved fish guard, screen, or bypass so as to effectively screen or prevent fish from entering the intake.
(2) Unlawful failure to use or maintain an approved fish guard, screen, or bypass on a diversion device is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day that a diversion device is operated without an approved or maintained fish guard, screen, or bypass is a separate offense.
[2003 c 39 § 38; 2000 c 107 § 240; 1998 c 190 § 53.]
Notes: *Reviser's note: RCW 77.55.040 and 77.55.320 were recodified as RCW 77.57.010 and 77.57.070, respectively, pursuant to 2005 c 146 § 1002.
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77.15.320
Unlawful failure to provide, maintain, or operate fishway for dam or other obstruction — Penalty.
(1) A person is guilty of unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction if the person owns, operates, or controls a dam or other obstruction to fish passage on a river or stream and:
(a) The dam or obstruction is not provided with a durable and efficient fishway approved by the director as required by *RCW 77.55.060;
(b) Fails to maintain a fishway in efficient operating condition; or
(c) Fails to continuously supply a fishway with a sufficient supply of water to allow the free passage of fish.
(2) Unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day of unlawful failure to provide, maintain, or operate a fishway is a separate offense.
[2000 c 107 § 241; 1998 c 190 § 54.]
Notes: *Reviser's note: RCW 77.55.060 was recodified as RCW 77.57.030 pursuant to 2005 c 146 § 1002.
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77.15.330
Unlawful hunting or fishing contests — Penalty.
(1) A person is guilty of unlawfully holding a hunting or fishing contest if the person:
(a) Conducts, holds, or sponsors a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife without the permit required by RCW 77.65.480; or
(b) Violates any rule of the commission or the director applicable to a hunting contest, fishing contest involving game fish, or a competitive field trial using live wildlife.
(2) Unlawfully holding a hunting or fishing contest is a misdemeanor.
[2001 c 253 § 36; 1998 c 190 § 56.]
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77.15.340
Unlawful operation of a game farm — Penalty.
(1) A person is guilty of unlawful operation of a game farm if the person (a) operates a game farm without the license required by RCW 77.65.480; or (b) violates any rule of the commission or the director applicable to game farms under RCW 77.12.570, 77.12.580, and 77.12.590.
(2) Unlawful operation of a game farm is a gross misdemeanor.
[2001 c 253 § 37; 1998 c 190 § 57.]
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77.15.350
Inspection and disease control of aquatic farms — Rules violation — Penalty.
(1) A person is guilty of violating a rule regarding inspection and disease control of aquatic farms if the person:
(a) Violates any rule adopted under chapter 77.115 RCW regarding the inspection and disease control program for an aquatic farm; or
(b) Fails to register or report production from an aquatic farm as required by chapter 77.115 RCW.
(2) A violation of a rule regarding inspection and disease control of aquatic farms is a misdemeanor.
[2000 c 107 § 242; 1998 c 190 § 58.]
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77.15.360
Unlawful interfering in department operations — Penalty.
(1) A person is guilty of unlawful interfering in department operations if the person prevents department employees from carrying out duties authorized by this title, including but not limited to interfering in the operation of department vehicles, vessels, or aircraft.
(2) Unlawful interfering in department operations is a gross misdemeanor.
[2000 c 107 § 243; 1998 c 190 § 61.]
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77.15.370
Unlawful recreational fishing in the first degree — Penalty.
(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 rule of the commission or director; or
(d) The person fishes for or possesses a fish listed as threatened or endangered in 50 C.F.R. Sec. 17.11 (2002), unless fishing for or possession of such fish is specifically allowed under federal or state law.
(2) Unlawful recreational fishing in the first degree is a gross misdemeanor.
[2005 c 406 § 3; 2001 c 253 § 38; 1998 c 190 § 19.]
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77.15.380
Unlawful recreational fishing in the second degree — Penalty.
(1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for, takes, possesses, or harvests fish or shellfish and:
(a) The person does not have and possess the license or the catch record card required by chapter 77.32 RCW for such activity; or
(b) The action violates any 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 use of a net to take fish as provided for in RCW 77.15.580.
(2) Unlawful recreational fishing in the second degree is a misdemeanor.
[2001 c 253 § 39; 2000 c 107 § 244; 1998 c 190 § 18.]
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77.15.390
Seaweed — Unlawful taking — Penalty.
(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; 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 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.
[2001 c 253 § 40; 2000 c 107 § 245; 1998 c 190 § 20.]
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77.15.400
Unlawful hunting of wild birds — Penalty.
(1) A person is guilty of unlawful hunting of wild birds in the second degree if the person:
(a) Hunts for, takes, or possesses a wild bird and the person does not have and possess all licenses, tags, stamps, and permits required under this title;
(b) Maliciously destroys, takes, or harms the eggs or nests of a wild bird except when authorized by permit;
(c) Violates any rule of the commission or director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or other rule addressing the manner or method of hunting or possession of wild birds; or
(d) Possesses a wild bird taken during a closed season for that wild bird or taken from a closed area for that wild bird.
(2) A person is guilty of unlawful hunting of wild birds in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild birds allowed by rule of the commission or director.
(3)(a) Unlawful hunting of wild birds in the second degree is a misdemeanor.
(b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor.
[2001 c 253 § 41; 1999 c 258 § 2; 1998 c 190 § 9.]
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77.15.410
Unlawful hunting of big game — Penalty.
(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;
(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.
[2005 c 406 § 4; 1999 c 258 § 3; 1998 c 190 § 10.]
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77.15.420
Illegally taken or possessed wildlife — Criminal wildlife penalty assessed.
(1) If a person is convicted of violating RCW 77.15.410 and that violation results in the death of wildlife listed in this section, the court shall require payment of the following amounts for each animal killed or possessed. This shall be a criminal wildlife penalty assessment that shall 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) Moose, mountain sheep, mountain goat, and all wildlife species classified as endangered by rule of the commission, except for mountain caribou and grizzly bear as listed under (d) of this
subsection . . . . . . . . . . . .
$4,000
(b) Elk, deer, black bear, and cougar . . . . . . . . . . . . $2,000
(c) Trophy animal elk and deer . . . . . . . . . . . . $6,000
(d) Mountain caribou, grizzly bear, and trophy animal mountain sheep . . . . . . . . . . . .
$12,000
(2) No forfeiture of bail may be less than the amount of the bail established for hunting during closed season plus the amount of the criminal wildlife penalty assessment in subsection (1) of this section.
(3) For the purpose of this section a "trophy animal" is:
(a) A buck deer with four or more antler points on both sides, not including eyeguards;
(b) A bull elk with five or more antler points on both sides, not including eyeguards; or
(c) A mountain sheep with a horn curl of three-quarter curl or greater.
For purposes of this subsection, "eyeguard" means an antler protrusion on the main beam of the antler closest to the eye of the animal.
(4) If two or more persons are convicted of illegally possessing wildlife in subsection (1) of this section, the criminal wildlife penalty assessment shall be imposed on them jointly and separately.
(5) The criminal wildlife penalty assessment shall be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this title. The criminal wildlife penalty assessment shall be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect. This section 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 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) A person assessed a criminal wildlife penalty assessment under this section shall have his or her hunting license revoked and all hunting privileges suspended 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 (1) of this section shall be doubled in the following instances:
(a) When a person is convicted of spotlighting big game under RCW 77.15.450;
(b) When a person commits a violation that requires payment of a wildlife penalty assessment within five years of a prior gross misdemeanor or felony conviction under this title;
(c) When the person killed the animal in question with the intent of bartering, selling, or otherwise deriving economic profit from the animal or the animal's parts; or
(d) When a person kills the animal under the supervision of a licensed guide.
[2005 c 406 § 5; 1998 c 190 § 62.]
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77.15.425
Fish and wildlife enforcement reward account.
The fish and wildlife enforcement reward account is created in the custody of the state treasurer. All receipts from criminal wildlife penalty assessments under RCW 77.15.420 must be deposited into the account. The department may accept money or personal property from persons under conditions requiring the property or money to be used consistent with the intent of expenditures from the fish and wildlife enforcement reward account. Expenditures from the account may be used only for investigation and prosecution of fish and wildlife offenses, to provide rewards to persons informing the department about violations of this title and rules adopted under this title, and for other valid enforcement uses as determined by the commission. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[2005 c 406 § 1.]
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77.15.430
Unlawful hunting of wild animals — Penalty.
(1) 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.
[1999 c 258 § 4; 1998 c 190 § 11.]
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77.15.440
Weapons, traps, or dogs on game reserves — Unlawful use — Penalty.
(1) A person is guilty of unlawful use of weapons, traps, or dogs on game reserves if:
(a) The person uses firearms, other hunting weapons, or traps on a game reserve; or
(b) The person negligently allows a dog upon a game reserve.
(2) This section does not apply to persons on a public highway or if the conduct is authorized by rule of the department.
(3) This section does not apply to a person in possession of a handgun if the person in control of the handgun possesses a valid concealed pistol license and the handgun is concealed on the person.
(4) Unlawful use of weapons, traps, or dogs on game reserves is a misdemeanor.
[1998 c 190 § 12.]
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77.15.450
Spotlighting big game — Penalty.
(1) A person is guilty of spotlighting big game in the second degree if the person hunts big game with the aid of a spotlight, other artificial light, or night vision equipment while in possession or control of a firearm, bow and arrow, or cross bow. For purposes of this section, "night vision equipment" includes electronic light amplification devices, thermal imaging devices, and other comparable equipment used to enhance night vision.
(2) A person is guilty of spotlighting big game in the first degree if:
(a) The person has any prior conviction for gross misdemeanor or felony for a crime under this title involving big game including but not limited to subsection (1) of this section or RCW 77.15.410; and
(b) Within ten years of the date that such prior conviction was entered the person commits the act described by subsection (1) of this section.
(3)(a) Spotlighting big game in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke all hunting licenses and tags and order a suspension of the person's hunting privileges for two years.
(b) Spotlighting big game in the first degree is a class C felony. Upon conviction, the department shall order suspension of all privileges to hunt wildlife for a period of ten years.
(4) A person convicted under this section shall be assessed a criminal wildlife penalty assessment as provided in RCW 77.15.420.
[2005 c 406 § 6; 1998 c 190 § 27.]
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77.15.460
Loaded firearm in vehicle — Unlawful use or possession — Penalty.
(1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle 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 the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.
(3) Unlawful possession of a loaded firearm in 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 this section, a firearm shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the firearm.
[1999 c 258 § 7; 1998 c 190 § 28.]
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77.15.470
Wildlife check stations or field inspections — Unlawful avoidance — Penalty.
(1) A person is guilty of unlawfully avoiding wildlife check stations or field inspections if the person fails to:
(a) Obey check station signs;
(b) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer; or
(c) Produce for inspection upon request by a fish and wildlife officer: (i) Hunting or fishing equipment; (ii) seaweed, fish, shellfish, or wildlife; or (iii) licenses, permits, tags, stamps, or catch record cards required by this title.
(2) Unlawfully avoiding wildlife check stations or field inspections is a gross misdemeanor.
(3) Wildlife check stations may not be established upon interstate highways or state routes.
[2000 c 107 § 246; 1998 c 190 § 29.]
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77.15.480
Certain devices declared public nuisances.
Articles or devices unlawfully used, possessed, or maintained for catching, taking, killing, attracting, or decoying wildlife, fish, and shellfish are public nuisances. If necessary, fish and wildlife officers and ex officio fish and wildlife officers may seize, abate, or destroy these public nuisances without warrant or process.
[2001 c 253 § 42; 2000 c 107 § 247; 1980 c 78 § 27; 1955 c 36 § 77.12.130. Prior: 1947 c 275 § 23; Rem. Supp. 1947 § 5992-33. Formerly RCW 77.12.130.]
Notes: Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010.
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77.15.500
Commercial fishing without a license — Penalty.
(1) A person is guilty of commercial fishing without a license in the second degree if the person fishes for, takes, or delivers food fish, shellfish, or game fish while acting for commercial purposes and:
(a) The person does not hold a fishery license or delivery license under chapter 77.65 RCW for the food fish or shellfish; or
(b) The person is not a licensed operator designated as an alternate operator on a fishery or delivery license under chapter 77.65 RCW for the food fish or shellfish.
(2) A person is guilty of commercial fishing without a license in the first degree if the person commits the act described by subsection (1) of this section and:
(a) The violation involves taking, delivery, or possession of food fish or shellfish with a value of two hundred fifty dollars or more; or
(b) The violation involves taking, delivery, or possession of food fish or shellfish from an area that was closed to the taking of such food fish or shellfish by any statute or rule.
(3)(a) Commercial fishing without a license in the second degree is a gross misdemeanor.
(b) Commercial fishing without a license in the first degree is a class C felony.
[2000 c 107 § 248; 1998 c 190 § 35.]
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77.15.510
Commercial fish guiding or chartering without a license — Penalty.
(1) A person is guilty of commercial fish guiding or chartering without a license if:
(a) The person operates a charter boat and does not hold the charter boat license required for the food fish taken;
(b) The person acts as a professional salmon guide and does not hold a professional salmon guide license; or
(c) The person acts as a game fish guide and does not hold a game fish guide license.
(2) Commercial fish guiding or chartering without a license is a gross misdemeanor.
[2001 c 253 § 43; 1998 c 190 § 36.]
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77.15.520
Commercial fishing — Unlawful gear or methods — Penalty.
(1) A person is guilty of commercial fishing using unlawful gear or methods if the person acts for commercial purposes and takes or fishes for any fish or shellfish using any gear or method in violation of a rule of the department specifying, regulating, or limiting the gear or method for taking, fishing, or harvesting of such fish or shellfish.
(2) Commercial fishing using unlawful gear or methods is a gross misdemeanor.
[1998 c 190 § 37.]
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77.15.530
Unlawful use of a nondesignated vessel — Penalty.
(1) A person who holds a fishery license required by chapter 77.65 RCW, or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 77.65 RCW, is guilty of unlawful use of a nondesignated vessel if the person takes, fishes for, or delivers from that fishery using a vessel not designated on the person's license, when vessel designation is required by chapter 77.65 RCW.
(2) Unlawful use of a nondesignated vessel is a gross misdemeanor.
(3) A nondesignated vessel may be used, subject to appropriate notification to the department and in accordance with rules established by the commission, when a designated vessel is inoperative because of accidental damage or mechanical breakdown.
(4) If the person commits the act described by subsection (1) of this section and the vessel designated on the person's fishery license was used by any person in the fishery on the same day, then the violation for using a nondesignated vessel is a class C felony. Upon conviction the department shall order revocation and suspension of all commercial fishing privileges under chapter 77.65 RCW for a period of one year.
[2000 c 107 § 249; 1998 c 190 § 38.]
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77.15.540
Unlawful use of a commercial fishery license — Penalty.
(1) A person who holds a fishery license required by chapter 77.65 RCW, or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 77.65 RCW, is guilty of unlawful use of a commercial fishery license if the person:
(a) Does not have the commercial fishery license or operator's license in possession during fishing or delivery; or
(b) Violates any rule of the department regarding the use, possession, display, or presentation of the person's license, decals, or vessel numbers.
(2) Unlawful use of a commercial fishery license is a misdemeanor.
[2000 c 107 § 250; 1998 c 190 § 39.]
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77.15.550
Violation of commercial fishing area or time — Penalty.
(1) A person is guilty of violating commercial fishing area or time in the second degree if the person acts for commercial purposes and takes, fishes for, possesses, delivers, or receives fish or shellfish:
(a) At a time not authorized by statute or rule;
(b) From an area that was closed to the taking of such fish or shellfish for commercial purposes by statute or rule; or
(c) If such fish or shellfish do not conform to the special restrictions or physical descriptions established by rule of the department.
(2) A person is guilty of violating commercial fishing area or time in the first degree if the person commits the act described by subsection (1) of this section and:
(a) The person acted with knowledge that the area or time was not open to the taking or fishing of fish or shellfish for commercial purposes; and
(b) The violation involved two hundred fifty dollars or more worth of fish or shellfish.
(3)(a) Violating commercial fishing area or time in the second degree is a gross misdemeanor.
(b) Violating commercial fishing area or time in the first degree is a class C felony.
[2001 c 253 § 44; 1999 c 258 § 10; 1998 c 190 § 40.]
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77.15.552
Qualifying commercial fishing violations.
(1) If a person is convicted of two or more qualifying commercial fishing violations within a three-year period, the person's privileges to participate in the commercial fishery to which the violations applied may be suspended by the director for up to one year. A commercial fishery license that is suspended under this section may not be transferred after the director issues a notice of suspension, or used by an alternative operator or transferred during the period of suspension, if the person who is the subject of the suspension notice is the person who owns the commercial fishery license.
(2) For the purposes of this section only, "qualifying commercial fishing violation" means either:
(a) A conviction under RCW 77.15.500, 77.15.510, 77.15.520, 77.15.530, 77.15.550(1)(a), 77.15.570, 77.15.580, or 77.15.590;
(b) A gross misdemeanor or felony involving commercial fish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold fish, other than shellfish, groundfish, or coastal pelagic species of baitfish totals greater than six percent, by weight, of the harvest available for inspection at the time of citation and the cumulative value of the unlawfully harvested fish is more than two hundred fifty dollars at the time of citation;
(c) A gross misdemeanor or felony involving commercial groundfish or coastal pelagic baitfish harvest, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued under this title, if: (i) The quantity of unlawfully harvested, possessed, bought, or sold groundfish or coastal pelagic baitfish totals greater than ten percent, by weight, of the harvest available for inspection at the time of citation and has a cumulative value greater than five hundred dollars; or (ii) the quantity, by weight, of the unlawfully commercially harvested groundfish or coastal pelagic baitfish is ten percent greater than the landing allowances provided under rules adopted by the department for species categorized as over-fished by the national marine fisheries service; or
(d) A gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals greater than six percent of the harvest available for inspection at the time of citation; and (ii) totals fifty or more individual shellfish.
(3)(a) The director may refer a person convicted of one qualifying commercial fishing violation to the license suspension review committee if the director feels that the qualifying commercial fishing violation was of a severe enough magnitude to justify suspension of the individual's license renewal privileges.
(b) The director may refer any person convicted of one egregious shellfish violation to the license suspension review committee.
(c) For the purposes of this section only, "egregious shellfish violation" means a gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals more than twenty percent of the harvest available for inspection at the time of citation; (ii) totals five hundred or more individual shellfish; and (iii) is valued at two thousand five hundred dollars or more.
(4) A person who has a commercial fishing license suspended or revoked under this section may file an appeal with the license suspension review committee pursuant to RCW 77.15.554. An appeal must be filed within thirty-one days of notice of license suspension or revocation. If an appeal is filed, the suspension or revocation issued by the department does not take effect until after the license suspension review committee has delivered an opinion. If no appeal is filed within thirty-one days of notice of license suspension or revocation, the right to an appeal is considered waived. All suspensions ordered under this section take effect either thirty-one days following the conviction for the second qualifying commercial fishing violation, or upon a decision pursuant to RCW 77.15.554, whichever is later.
(5) A fishing privilege suspended under this section is in addition to the statutory penalties assigned to the underlying crime.
(6) For the purposes of this section only, the burden is on the state to show the dollar amount or the percent of a harvest that is comprised of unlawfully harvested, bought, or sold individual fish or shellfish.
[2003 c 386 § 3.]
Notes: Findings -- Intent -- 2003 c 386: See note following RCW 77.15.700.
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77.15.554
License suspension review committee.
(1) The license suspension review committee is created. The license suspension review committee may only hear appeals from commercial fishers who have had a license revoked or suspended pursuant to RCW 77.15.552.
(2)(a) The license suspension review committee is composed of five voting members and up to four alternates.
(b) Two of the members must be appointed by the director and may be department employees.
(c) Three members, and up to four alternates, must be peer-group members, who are individuals owning a commercial fishing license issued by the department. If a peer-group member appears before the license suspension review committee because of a qualifying commercial fishing violation, the member must recuse himself or herself from the proceedings relating to that violation. No two voting peer-group members may reside in the same county. All peer-group members must be appointed by the commission, who may accept recommendations from professional organizations that represent commercial fishing interests or from the legislative authority of any Washington county.
(d) All license suspension review committee members serve a two-year renewable term.
(e) The commission may develop minimum member standards for service on the license suspension review committee, and standards for terminating a member before the expiration of his or her term.
(3) The license suspension review committee must convene and deliver an opinion on a license renewal suspension within three months of appeal or of referral from the department. The director shall consider the committee's opinion and make a decision and may issue, not issue, or modify the license suspension.
(4) The license suspension review committee shall collect the information and hear the testimony that it feels necessary to deliver an opinion on the proper length, if any, of a suspension of a commercial license. The opinion may be based on extenuating circumstances presented by the individual convicted of the qualifying commercial fishing violation or considerations of the type and magnitude of violations that have been committed by the individual. The maximum length of any suspension may not exceed one year.
(5) All opinions of the license suspension review committee must be by a majority vote of all voting members. Alternate committee members may only vote when one of the voting members is unavailable, has been recused, or has decided not to vote on the case before the committee. Nonvoting alternates may be present and may participate at all license suspension review committee meetings.
(6) Members of the license suspension review committee serve as volunteers, and are not eligible for compensation other than travel expenses pursuant to RCW 43.03.050 and 43.03.060.
(7) Staff of the license suspension review committee must be provided by the department.
[2003 c 386 § 4.]
Notes: Findings -- Intent -- 2003 c 386: See note following RCW 77.15.700.
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77.15.560
Commercial fish, shellfish harvest or delivery — Failure to report — Penalty.
(1) Except as provided in RCW 77.15.640, a person is guilty of failing to report a commercial fish or shellfish harvest or delivery if the person acts for commercial purposes and takes or delivers any fish or shellfish, and the person:
(a) Fails to sign a fish-receiving ticket thatdocuments the delivery of fish or shellfish or otherwise documents the taking or delivery; or (continued)