title: RCW 77.135.080

text:
(1) To the extent possible, the department's quarantine declarations under RCW 77.135.050, rapid response management actions under RCW 77.135.060, and infested site management actions under RCW 77.135.070 must be implemented in a manner best suited to contain, control, and eradicate prohibited level 1 and level 2 species while protecting human safety, minimizing adverse environmental impacts to a water body or property, and minimizing adverse economic impacts to owners of an affected water body or property.
(2) The department is the lead agency for quarantine declarations, rapid response, and infested site management actions. Where the infested water body is subject to tribal, federal, or other sovereign jurisdiction, the department:
(a) Must consult with appropriate federal agencies, tribal governments, other states, and Canadian government entities to develop and implement coordinated management actions on affected water bodies under shared jurisdiction;
(b) May assist in infested site management actions where these actions may prevent the spread of prohibited species into state water bodies; and
(c) May assist other states and Canadian government entities, in the Columbia river basin, in management actions on affected water bodies outside of the state where these actions may prevent the spread of the species into state water bodies.
(3)(a) The department must provide notice of quarantine declarations, rapid response, and infested site management actions to owners of an affected water body or property. Notice may be provided by any reasonable means, such as in person, by United States postal service, by publication in a local newspaper, by electronic publication including social media or postings on the department's public website, or by posting signs at the water body.
(b) The department must provide updates to owners of an affected water body or property based on management action type as follows:
(i) Every seven days for a rapid response management action and, if applicable, a quarantine declaration implemented in conjunction with a rapid response management action;
(ii) Every six months for a separate quarantine declaration;
(iii) Annually for the duration of an infested site management action and, if applicable, a quarantine declaration implemented in conjunction with an infested site management action; and
(iv) A final update at the conclusion of any management action.
(c) In addition to owners of an affected water body or property, the department must provide notice of a quarantine declaration to members of the public by any reasonable means for an area subject to a quarantine declaration, such as by publication in a local newspaper, by electronic publication including social media or postings on the department's public website, or by posting signs at the water body. The department must provide updates at reasonable intervals and a final update at the conclusion of the quarantine declaration.
(4) The department must publicly list those water bodies or portions of water bodies in which a prohibited level 1 or level 2 species has been detected. The department may list those areas in which a prohibited level 3 species has been detected.
(5) When posting signs at a water body or property where a prohibited species has been detected, the department must consult with owners of the affected water body or property regarding placement of those signs.
[ 2014 c 202 s 110.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Implementation of department's duties—Department is lead agency—Notice.


doc_type: statute

jurisdiction: wa

title: RCW 77.135.090

text:
(1) If the director finds that there exists an imminent danger of a prohibited level 1 or level 2 species detection that seriously endangers or threatens the environment, economy, human health, or well-being of the state of Washington, the director must ask the governor to order, under RCW 43.06.010(14), emergency measures to prevent or abate the prohibited species. The director's findings must contain an evaluation of the effect of the emergency measures on environmental factors such as fish listed under the endangered species act, economic factors such as public and private access, human health factors such as water quality, or well-being factors such as cultural resources.
(2) If an emergency is declared pursuant to RCW 43.06.010(14), the director may consult with the invasive species council to advise the governor on emergency measures necessary under RCW 43.06.010(14) and this section, and make subsequent recommendations to the governor. The invasive species council must involve owners of the affected water body or property, state and local governments, federal agencies, tribes, public health interests, technical service providers, and environmental organizations, as appropriate.
(3) Upon the governor's approval of emergency measures, the director may implement these measures to prevent, contain, control, or eradicate invasive species that are the subject of the emergency order, notwithstanding the provisions of chapter 15.58 or 17.21 RCW or any other statute. These measures, after evaluation of all other alternatives, may include the surface and aerial application of pesticides.
(4) The director must continually evaluate the effects of the emergency measures and report these to the governor at intervals of not less than ten days. The director must immediately advise the governor if the director finds that the emergency no longer exists or if certain emergency measures should be discontinued.
[ 2014 c 202 s 111.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Emergency measures.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 77.135.100

text:
(1) A person in possession of an aquatic conveyance who enters Washington by road, air, or water is required to have a certificate of inspection. A person must provide this certificate of inspection upon request by a fish and wildlife officer or ex officio fish and wildlife officer.
(2) The department must adopt rules to implement this section including:
(a) Types of aquatic conveyances required to have a certificate of inspection;
(b) Allowable certificate of inspection forms including passport type systems and integration with existing similar permits;
(c) Situations when authorization can be obtained for transporting an aquatic conveyance not meeting inspection requirements to a specified location within the state where certificate of inspection requirements can be provided; and
(d) Situations where aquatic conveyances are using shared boundary waters of the state, such as portions of the Columbia river, lake Osoyoos, and the Puget Sound.
[ 2014 c 202 s 112.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Aquatic conveyance—Certificate of inspection—Adoption of rules.


title: RCW 77.135.110

text:
(1) A person in possession of an aquatic conveyance must meet clean and drain requirements after the conveyance's use in or on a water body or property. A certificate of inspection is not needed to meet clean and drain requirements.
(2) A fish and wildlife officer or ex officio fish and wildlife officer may order a person transporting an aquatic conveyance not meeting clean and drain requirements to:
(a) Clean and drain the conveyance at the discovery site, if the department determines there are sufficient resources available; or
(b) Transport the conveyance to a reasonably close location where resources are sufficient to meet the clean and drain requirements.
(3) This section may be enforced immediately on the transportation of aquatic plants by registered vessels, small vessels, seaplanes, and commercial vessels. The department must adopt rules to implement all other aspects of clean and drain requirements, including:
(a) Other types of aquatic conveyances subject to this requirement;
(b) When transport of an aquatic conveyance is authorized if clean and drain services are not readily available at the last water body used; and
(c) Exemptions to clean and drain requirements where the department determines there is minimal risk of spreading invasive species.
[ 2017 3rd sp.s. c 17 s 308; 2014 c 202 s 113.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Aquatic conveyance—Clean and drain requirements—Enforcement—Adoption of rules.


title: RCW 77.135.120

text:
(1) The department may establish mandatory check stations to inspect aquatic conveyances for clean and drain requirements and aquatic invasive species. The check stations must be operated by at least one fish and wildlife officer, an ex officio fish and wildlife officer in coordination with the department, or department-authorized representative, and must be plainly marked by signs and operated in a safe manner.
(2) Aquatic conveyances required to stop at mandatory check stations include registered vessels, commercial vessels, and small vessels. The department may establish rules governing other types of aquatic conveyances that must stop at mandatory check stations. The rules must provide sufficient guidance so that a person transporting the aquatic conveyance readily understands that he or she is required to stop.
(3) A person who encounters a mandatory check station while transporting an aquatic conveyance must:
(a) Stop at the mandatory check station;
(b) Allow the aquatic conveyance to be inspected for clean and drain requirements and aquatic invasive species;
(c) Follow clean and drain orders if clean and drain requirements are not met pursuant to RCW 77.135.110; and
(d) Follow decontamination orders pursuant to RCW 77.135.130 if an aquatic invasive species is found.
(4) A person who complies with the department directives under this section is exempt from criminal penalties under RCW 77.15.809 and 77.15.811, civil penalties under *RCW 77.15.160(4), and civil forfeiture under RCW 77.15.070, unless the person has a prior conviction for an invasive species violation within the past five years.
[ 2017 3rd sp.s. c 17 s 309; 2014 c 202 s 114.]
Notes:
*Reviser's note: RCW 77.15.160 was amended by 2017 3rd sp.s. c 8 s 42, changing subsection (4) to subsection (5), effective January 1, 2018.
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Mandatory check stations.


title: RCW 77.135.130

text:
(1) Upon discovery of an aquatic conveyance that carries or contains an aquatic invasive species without department authorization, a permit, or as otherwise provided by rule, a fish and wildlife officer or ex officio fish and wildlife officer may issue a decontamination order:
(a) Requiring decontamination at the discovery site, if the situation presents a low risk of aquatic invasive species introduction, and sufficient department resources are available at the discovery site;
(b) Prohibiting the launch of the aquatic conveyance in a water body until decontamination is completed and certified, if the situation presents a low risk of aquatic invasive species introduction, and sufficient department resources are not available at the discovery site;
(c) Requiring immediate transport of the conveyance to an approved decontamination station, and prohibiting the launch of the conveyance in a water body until decontamination is completed and certified, if the situation presents a moderate risk of aquatic invasive species introduction, and sufficient department resources are not available at the discovery site; or
(d) Seizing and transporting the aquatic conveyance to an approved decontamination station until decontamination is completed and certified, if the situation presents a high risk of aquatic invasive species introduction, and sufficient department resources are not available at the discovery site.
(2) The person possessing the aquatic conveyance that is subject to orders issued under subsection (1)(b) through (d) of this section must bear any costs for seizure, transportation, or decontamination.
(3) Orders issued under subsection (1)(b) through (d) of this section must be in writing and must include notice of the opportunity for a hearing pursuant to RCW 77.135.140 to determine the validity of the orders.
(4) If a decontamination order is issued under subsection (1)(d) of this section, the department may seize the aquatic conveyance for two working days or a reasonable additional period of time thereafter as needed to meet decontamination requirements. The decontamination period must be based on factors including conveyance size and complexity, type and number of aquatic invasive species present, and decontamination station resource capacity.
(5) If an aquatic conveyance is subject to forfeiture under RCW 77.15.070, the timelines and other provisions under that section apply to the seizure.
(6) Upon decontamination and issuing a certificate of inspection, an aquatic conveyance must be released to the person in possession of the aquatic conveyance at the time the decontamination order was issued, or to the owner of the aquatic conveyance.
[ 2014 c 202 s 115.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Decontamination order.


title: RCW 77.135.140

text:
(1) A person aggrieved or adversely affected by a quarantine declaration under RCW 77.135.050, a rapid response management action under RCW 77.135.060, an infested site management action under RCW 77.135.070, or a decontamination order under RCW 77.135.130 may contest the validity of the department's actions by requesting a hearing in writing within twenty days of the department's actions.
(2) Hearings must be conducted pursuant to chapter 34.05 RCW and the burden of demonstrating the invalidity of agency action is on the party asserting invalidity. The hearing may be conducted by the director or the director's designee and may occur telephonically.
(3) A hearing on a decontamination order is limited to the issues of whether decontamination was necessary and the reasonableness of costs assessed for any seizure, transportation, and decontamination. If the person in possession of the aquatic conveyance that was decontaminated prevails at the hearing, the person is entitled to reimbursement by the department for any costs assessed by the department or decontamination station operator for the seizure, transportation, and decontamination. If the department prevails at the hearing, the department is not responsible for and may not reimburse any costs.
[ 2014 c 202 s 116.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Person aggrieved or adversely affected by department's action—Hearing.


title: RCW 77.135.150

text:
(1) The department may operate aquatic conveyance inspection and decontamination stations statewide for voluntary use by the public or for mandatory use where directed by the department to meet inspection and decontamination requirements of this chapter. Decontamination stations can be part of or separate from inspection stations. Inspection and decontamination stations are separate from commercial vehicle weigh stations operated by the Washington state patrol.
(2) Inspection station staff must inspect aquatic conveyances to determine whether the conveyances carry or contain aquatic invasive species. If an aquatic conveyance is free of aquatic invasive species, then inspection station staff must issue a certificate of inspection. A certificate of inspection is valid until the conveyance's next use in a water body.
(3) If a conveyance carries or contains aquatic invasive species, then inspection station staff must require the conveyance's decontamination before issuing a certificate of inspection. The certificate of inspection is valid until the conveyance's next use in a water body.
(4) The department must identify, in a way that is readily available to the public, the location and contact information for inspection and decontamination stations.
(5) The department must adopt by rule standards for inspection and decontamination that, where practical and appropriate, align with regional, national, and international standards.
[ 2014 c 202 s 117.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Aquatic conveyance inspection and decontamination stations—Adoption of rules.


title: RCW 77.135.160

text:
(1) The department may authorize representatives to operate its inspection and decontamination stations and mandatory check stations. Department-authorized representatives may be department volunteers, other law enforcement agencies, or independent businesses.
(2) The department must adopt rules governing the types of services that department-authorized representatives may perform under this chapter.
(3) Department-authorized representatives must have official identification, training, and administrative capacity to fulfill their responsibilities under this section.
(4) By December 1, 2018, the department must provide the legislature with recommendations for a fee schedule that department-authorized representatives may charge users whose aquatic conveyances receive inspection and decontamination services.
[ 2017 3rd sp.s. c 17 s 306; 2014 c 202 s 118.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Department-authorized representatives—Adoption of rules—Fee schedule.


title: RCW 77.135.170

text:
(1) The department may enter upon a property or water body at any reasonable time for the purpose of administering this chapter, including inspecting and decontaminating aquatic conveyances, collecting invasive species samples, implementing rapid response management actions or infested site management actions, and containing, controlling, or eradicating invasive species.
(2) Prior to entering the property or water body, the department shall make a reasonable attempt to notify the owner of the property or water body as to the purpose and need for the entry. Should the department be denied access to any property or water body where access is sought for the purposes set forth in this chapter, the department may apply to any court of competent jurisdiction for a warrant authorizing access to the property.
(3) Upon such an application, the court may issue the warrant for the purposes requested where the court finds reasonable cause to believe it is necessary to achieve the purposes of this chapter.
[ 2014 c 202 s 119.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Department's authority to enter upon property/water body—Notification—Application, issuance of warrant.


title: RCW 77.135.180

text:
The provisions of this chapter must be liberally construed to carry out the intent of the legislature.
[ 2014 c 202 s 120.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Chapter must be liberally construed.


title: RCW 77.135.200

text:
The aquatic invasive species management account is created in the state treasury. All receipts directed to the account from RCW 88.02.640 and 77.135.230, as well as legislative appropriations, gifts, donations, fees, and penalties received by the department for aquatic invasive species management, must be deposited into the account. Moneys in the account may be used only after appropriation. Expenditures from the account may only be used to implement aquatic invasive species-related provisions under this title.
[ 2017 3rd sp.s. c 17 s 101.]

catchline: Aquatic invasive species management account.


title: RCW 77.135.210

text:
(1) The department may issue aquatic invasive species prevention permits to operators of vessels and aquatic conveyances.
(2) A person must obtain a Washington state aquatic invasive species prevention permit for each seaplane or vessel registered in another state, before placing or operating such a vessel or seaplane on any water body in the state.
(3) The valid aquatic invasive species prevention permit must be present and readily available for inspection by a fish and wildlife officer or ex officio fish and wildlife officer at the location where the vessel or seaplane is placed or operated.
(4) Aquatic invasive species prevention permits for conveyances listed in subsection (2) of this section are not transferable.
[ 2017 3rd sp.s. c 17 s 201.]

catchline: Aquatic invasive species prevention permit—Operators of vessels and aquatic conveyances.


title: RCW 77.135.220

text:
(1) The department may issue aquatic invasive species prevention permits to commercial transporters of vessels and aquatic conveyances.
(2) A person must obtain a Washington state aquatic invasive species prevention permit before commercially transporting into or through the state one or more of the following conveyances that have previously been placed or operated in the waters of any state or country: (a) A small vessel; (b) a registered vessel; (c) a seaplane; or (d) a commercial vessel.
(3) The valid aquatic invasive species prevention permit must be present and readily available for inspection upon request by a fish and wildlife officer or ex officio fish and wildlife officer at any location where the listed conveyance is associated with the transport vehicle.
(4) The aquatic invasive species prevention permit is transferable between vehicles and vehicle operators of the same business used to commercially transport aquatic conveyances but a separate permit is required for each vehicle operator commercially transporting aquatic conveyances at any given time.
(5) An aquatic invasive species prevention permit is not required to commercially transport new conveyances if the vehicle operator has documentation present and readily available proving all conveyances originated from the manufacturer or vendor and the conveyances have never been placed or operated in waters of any state or country.
[ 2017 3rd sp.s. c 17 s 202.]

catchline: Aquatic invasive species prevention permits—Commercial transporters and aquatic conveyances.


title: RCW 77.135.230

text:
(1) Washington state aquatic invasive species prevention permits are valid for one year beginning from the date that the permit is marked for activation unless otherwise directed by the department. The permits must be made available for purchase throughout the year through the department's automated licensing system consistent with RCW 77.32.050.
(2) The aquatic invasive species prevention permit fee for a nonresident registered vessel or seaplane as required under RCW 77.135.210 is twenty dollars.
(3) The aquatic invasive species prevention permit fee for a person commercially transporting a small vessel, registered vessel, seaplane, or commercial vessel as required under RCW 77.135.220 is twenty dollars.
(4) The department may adopt rules addressing conditions and costs of obtaining duplicate aquatic invasive species prevention permits.
(5) Permit fees collected under this section must be deposited into the aquatic invasive species management account created in RCW 77.135.200.
(6) Exemptions for aquatic invasive species prevention permits include:
(a) A military vessel or seaplane owned by the United States government; and
(b) A vessel clearly identified as being owned by any federal, tribal, state, or local government agency or other public corporations, and used primarily for governmental purposes.
(7)(a) The following nonresident aquatic conveyances are exempt from aquatic invasive species prevention permit requirements under this section while placed or operated on shared boundary waters of the state:
(i) Vessels having valid state of Idaho or Oregon registration or numbering; and
(ii) Seaplanes or commercial vessels having a valid Idaho or Oregon aquatic invasive species prevention or similar permit.
(b) The department may adopt by rule a regional reciprocity process to further exempt aquatic conveyances from permit requirements under this section in part or whole. A reciprocity system may be implemented only where the participating state or country does not require a Washington resident to purchase an equivalent permit.
[ 2017 3rd sp.s. c 17 s 203.]

catchline: Aquatic invasive species prevention permit—Fee—Exempt vessels.


title: RCW 77.135.240

text:
(1) Money in the aquatic invasive species management account created in RCW 77.135.200 may be appropriated to the department to establish an aquatic invasive species local management grant program. The department shall enter into agreement with the recreation and conservation office to administer the grant funds or other financial assistance, assist the department in developing grant program policies and funding criteria, and consult with the department prior to awarding grants. State agencies, cities, counties, tribes, special purpose districts, academic institutions, and nonprofit groups are eligible for competitive grants to:
(a) Manage prohibited level 1 or level 2 aquatic [invasive] species at a local level;
(b) Develop rapid response management cooperative agreements for local water bodies;
(c) Develop or implement prohibited species management cooperative agreements for local water bodies; and
(d) Conduct innovative applied research that directly supports on-the-ground prevention, control, and eradication efforts.
(2) The department may give preference to projects that have matching funds, provide in-kind services, or maintain or enhance outdoor recreational opportunities.
[ 2017 3rd sp.s. c 17 s 302.]

catchline: Aquatic invasive species local management grant program.


title: RCW 77.140.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commercially caught" means wild or hatchery-raised salmon harvested in the wild by commercial fishers. The term does not apply to farmed fish raised exclusively by private sector aquaculture.
(2) "Fish" means fresh or saltwater finfish and other forms of aquatic animal life other than crustaceans, mollusks, birds, and mammals where the animal life is intended for human consumption.
(3) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in RCW 77.08.020, and includes:
SCIENTIFIC NAME
COMMON NAME
Oncorhynchus tshawytscha
Chinook salmon or king salmon
Oncorhynchus kisutch
Coho salmon or silver salmon
Oncorhynchus keta
Chum or "keta" salmon
Oncorhynchus gorbuscha
Pink salmon
Oncorhynchus nerka
Sockeye or "red" salmon
Salmo salar (in other than
Atlantic salmon
its landlocked form)
(4) "Shellfish" means crustaceans and all mollusks where the animal life is intended for human consumption.
[ 2018 c 236 s 607; 2013 c 290 s 3; 1993 c 282 s 2. Formerly RCW 69.04.932.]
Notes:
Finding—1993 c 282: "The legislature finds that salmon consumers in Washington benefit from knowing the species and origin of the salmon they purchase. The accurate identification of such species, as well as knowledge of the country or state of origin and of whether they were caught commercially or were farm-raised, is important to consumers." [ 1993 c 282 s 1.]

catchline: Definitions.


title: RCW 77.140.020

text:
The department may:
(1) Develop a pamphlet that generally describes the labeling requirements for seafood as set forth in this chapter; and
(2) Make the pamphlet available to holders of any license associated with buying and selling fish or shellfish under chapter 77.65 RCW.
[ 2018 c 236 s 606; 2013 c 290 s 2; 2002 c 301 s 11. Formerly RCW 69.04.928.]
Notes:
Finding—Effective date—2002 c 301: See notes following RCW 77.65.510.

catchline: Seafood labeling requirements—Pamphlet.


title: RCW 77.140.030

text:
(1) It is unlawful to knowingly sell or offer for sale at wholesale or retail any fresh, frozen, or processed fish or shellfish without identifying for the buyer at the point of sale the species of fish or shellfish by its common name, such that the buyer can make an informed purchasing decision for his or her protection, health, and safety.
(2) It is unlawful to knowingly label or offer for sale any fish designated as halibut, with or without additional descriptive words, unless the fish product is Hippoglossus hippoglossus or Hippoglossus stenolepsis.
(3) This section does not apply to salmon that is minced, pulverized, coated with batter, or breaded.
(4) This section does not apply to a commercial fisher properly licensed under chapter 77.65 or 77.70 RCW and engaged in sales of fish to a wholesale fish buyer.
(5) A violation of this section constitutes misbranding under RCW 77.140.060 and is punishable as a misdemeanor, gross misdemeanor, or felony depending on the fair market value of the fish or shellfish involved in the violation.
(6)(a) The common names for salmon species are as listed in RCW 77.140.010.
(b) The common names for all other fish and shellfish are the common names for fish and shellfish species as defined by rule of the department. If the common name for a species is not defined by rule of the department, then the common name is the acceptable market name or common name as provided in the United States food and drug administration's publication "Seafood list - FDA's guide to acceptable market names for seafood sold in interstate commerce," as the publication existed on July 28, 2013.
(7) For the purposes of this section, "processed" means fish or shellfish processed by heat for human consumption, such as fish or shellfish that is kippered, smoked, boiled, canned, cleaned, portioned, or prepared for sale or attempted sale for human consumption.
(8) Nothing in this section precludes using additional descriptive language or trade names to describe fish or shellfish as long as the labeling requirements in this section are met.
[ 2018 c 236 s 608; 2017 3rd sp.s. c 8 s 6; 2013 c 290 s 4; 1993 c 282 s 3. Formerly RCW 69.04.933.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Finding—1993 c 282: See note following RCW 77.140.010.

catchline: Fish and shellfish labeling—Identification of species—Exceptions—Penalty.


title: RCW 77.140.040

text:
(1) It is unlawful to knowingly sell or offer for sale at wholesale or retail any fresh, frozen, or processed salmon without identifying private sector cultured aquatic salmon or salmon products as farm-raised salmon, or identifying commercially caught salmon or salmon products as commercially caught salmon.
(2) Identification of the products under subsection (1) of this section must be made to the buyer at the point of sale such that the buyer can make an informed purchasing decision for his or her protection, health, and safety.
(3) A violation of this section constitutes misbranding under RCW 77.140.060 and is punishable as a misdemeanor, gross misdemeanor, or felony depending on the fair market value of the fish or shellfish involved in the violation.
(4) This section does not apply to salmon that is minced, pulverized, coated with batter, or breaded.
(5) This section does not apply to a commercial fisher properly licensed under chapter 77.65 or 77.70 RCW and lawfully engaged in the sale of fish to a wholesale fish buyer.
(6) Nothing in this section precludes using additional descriptive language or trade names to describe fish or shellfish as long as the labeling requirements of this section are met.
[ 2018 c 236 s 609; 2017 3rd sp.s. c 8 s 7; 2013 c 290 s 5; 2003 c 39 s 29; 1993 c 282 s 4. Formerly RCW 69.04.934.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Finding—1993 c 282: See note following RCW 77.140.010.

catchline: Salmon labeling—Identification as farm-raised or commercially caught—Exceptions—Penalty.


title: RCW 77.140.050

text:
To promote honesty and fair dealing for consumers and to protect public health and safety, the director, may adopt rules as necessary to:
(1) Establish and implement a reasonable definition and identification standard for species of fish and shellfish that are sold for human consumption;
(2) Provide procedures for enforcing this chapter's fish and shellfish labeling requirements and misbranding prohibitions.
[ 2018 c 236 s 610; 2013 c 290 s 6; 1994 c 264 s 39; 1993 c 282 s 5. Formerly RCW 69.04.935.]
Notes:
Finding—1993 c 282: See note following RCW 77.140.010.

catchline: Fish and shellfish—Rules for identification and labeling.


title: RCW 77.140.060

text:
(1) A person is guilty of unlawful misbranding of fish or shellfish in the third degree if the person commits an act that violates RCW 77.140.030 or 77.140.040, and the misbranding involves fish or shellfish with a fair market value up to five hundred dollars. Unlawful misbranding of fish or shellfish in the third degree is a misdemeanor.
(2) A person is guilty of unlawful misbranding of fish or shellfish in the second degree if the person commits an act that violates RCW 77.140.030 or 77.140.040, and the misbranding involves fish or shellfish with a fair market value of five hundred dollars or more, up to five thousand dollars. Unlawful misbranding of fish or shellfish in the second degree is a gross misdemeanor.
(3) A person is guilty of unlawful misbranding of fish or shellfish in the first degree if the person commits an act that violates RCW 77.140.030 or 77.140.040, and the misbranding involves fish or shellfish with a fair market value of five thousand dollars or more. Unlawful misbranding of fish or shellfish in the first degree is a class C felony.
[ 2018 c 236 s 611; 2013 c 290 s 7. Formerly RCW 69.04.938.]

catchline: Misbranding of fish or shellfish—Penalties.


title: RCW 77.145.010

text:
There are infectious diseases and infestations that can damage, threaten, and endanger fish, wildlife, shellfish, and seaweed resources. The department is authorized to take reasonable, preventative measures to protect Washington's fish, wildlife, shellfish, and seaweed species from infectious diseases and infestations.
[ 2024 c 318 s 1.]

catchline: Department's authority.


title: RCW 77.145.020

text:
(1) The department is authorized to establish disease interdiction and control check stations.
(2) The check stations may be signed from roadsides, including state highways and interstates.
(3) Signage must indicate which diseases or infestations are being investigated, and what fish, wildlife, shellfish, and seaweed are being checked.
(4) The signage must be placed in coordination with the department of transportation.
(5) The check stations must be operated in a safe manner.
(6) A person who encounters a disease interdiction and control check station while transporting fish, wildlife, shellfish, or seaweed in their possession is requested to stop at the check station and allow the fish, wildlife, shellfish, or seaweed in their possession to be inspected and sampled for the diseases or infestations.
[ 2024 c 318 s 2.]

catchline: Disease interdiction and control check stations.


title: RCW 77.145.030

text:
This chapter does not apply to aquaculture, aquatic farmers, or private sector cultured aquatic products as those terms are defined in RCW 15.85.020.
[ 2024 c 318 s 3.]

catchline: Application of chapter.


title: RCW 77.15.005

text:
The legislature finds that merger of the departments of fisheries and wildlife resulted in two criminal codes applicable to fish and wildlife, and that it has become increasingly difficult to administer and enforce the two criminal codes. Furthermore, laws defining crimes involving fish and wildlife have evolved over many years of changing uses and management objectives for fish and wildlife. The resulting two codes make it difficult for citizens to comply with the law and unnecessarily complicate enforcement of laws against violators.
The legislature intends by chapter 190, Laws of 1998 to revise and recodify the criminal laws governing fish and wildlife, ensuring that all people involved with fish and wildlife are able to know and understand the requirements of the laws and the risks of violation. Additionally, the legislature intends to create a more uniform approach to criminal laws governing fish and wildlife and to the laws authorizing prosecution, sentencing, and punishments, including repealing crimes that are redundant to other provisions of the criminal code.
Chapter 190, Laws of 1998 is not intended to alter existing powers of the commission or the director to adopt rules or exercise powers over fish and wildlife. In some places reference is made to violation of department rules, but this is intended to conform with current powers of the commission, director, or both, to adopt rules governing fish and wildlife activities.
[ 1998 c 190 s 1.]

catchline: Finding—Intent.


title: RCW 77.15.010

text:
A person is not guilty of a crime under this chapter if the person is an officer, employee, or agent of the department lawfully acting in the course of his or her authorized duties.
[ 1998 c 190 s 2.]

catchline: Exemption for department actions.


title: RCW 77.15.020

text:
(1) If the commission or director has authority to adopt a rule that is punishable as a crime under this chapter, then the commission or director may provide that violation of the rule shall be punished with notice of infraction under RCW 7.84.030. Neither the commission nor the director have the authority to adopt a rule providing that a violation punishable as an infraction shall be a crime.
(2) The director may, under the provisions of RCW 7.84.140, enter into an agreement allowing employees of the state parks and recreation commission and the department of natural resources to enforce certain civil infractions created under this title.
[ 2011 c 320 s 17; 2005 c 321 s 2; 1998 c 190 s 3.]
Notes:
Effective date—2011 c 320: See note following RCW 79A.80.005.
Findings—Intent—2011 c 320: See RCW 79A.80.005.

catchline: Authority to define violation of rule as infraction—Agreement to enforce certain civil infractions.


title: RCW 77.15.030

text:
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.
[ 2012 c 176 s 6; 1999 c 258 s 1; 1998 c 190 s 4.]

catchline: Individual animal unlawfully taken—Separate offense.


title: RCW 77.15.040

text:
District courts have jurisdiction concurrent with superior courts for misdemeanors and gross misdemeanors committed in violation of this chapter and may impose the punishment provided for these offenses. Superior courts have jurisdiction over felonies committed in violation of this chapter. Venue for offenses occurring in offshore waters shall be in a county bordering on the Pacific Ocean, or the county where fish or wildlife from the offense are landed.
[ 1998 c 190 s 5.]

catchline: Jurisdiction.


title: RCW 77.15.050

text:
(1) Unless the context clearly requires otherwise, as used in this chapter, "conviction" means a final conviction in a state or municipal court.
(2) A plea of guilty or a finding of guilt for a violation of this title or department rule constitutes a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.
[ 2012 c 176 s 7; 2009 c 333 s 1; 1998 c 190 s 6.]

catchline: "Conviction" defined.


title: RCW 77.15.060

text:
Crimes defined by this chapter shall be punished as infractions, misdemeanors, gross misdemeanors, or felonies, based on the classification of crimes set out in chapters 7.84 and 9A.20 RCW.
[ 1998 c 190 s 7.]

catchline: Reference to chapters 7.84 and 9A.20 RCW.


title: RCW 77.15.065

text:
If the prosecuting attorney of the county in which a violation of this title or rule of the department occurs fails to file an information against the alleged violator, the attorney general upon request of the commission may file an information in the superior court of the county and prosecute the case in place of the prosecuting attorney. The commission may request prosecution by the attorney general if thirty days have passed since the commission informed the county prosecuting attorney of the alleged violation.
[ 1996 c 267 s 9; 1983 1st ex.s. c 46 s 41; 1949 c 112 s 24; Rem. Supp. 1949 s 5780-222. Formerly RCW 75.10.100, 75.08.275, 43.25.070.]
Notes:
Intent—Effective date—1996 c 267: See notes following RCW 77.12.177.

catchline: Authority of attorney general if prosecuting attorney defaults.


title: RCW 77.15.070

text:
(1) Fish and wildlife officers and ex officio fish and wildlife officers may seize without warrant boats, airplanes, vehicles, motorized implements, conveyances, gear, appliances, or other articles they have probable cause to believe have been held with intent to violate or used in violation of this title or rule of the commission or director. However, fish and wildlife officers or ex officio fish and wildlife officers may not seize any item or article, other than for evidence, if under the circumstances, it is reasonable to conclude that the violation was inadvertent. The property seized is subject to forfeiture to the state under this section regardless of ownership. Property seized may be recovered by its owner by depositing with the department or into court a cash bond or equivalent security equal to the value of the seized property but not more than one hundred thousand dollars. Such cash bond or security is subject to forfeiture in lieu of the property. Forfeiture of property seized under this section is a civil forfeiture against property and is intended to be a remedial civil sanction.
(2) In the event of a seizure of property under this section, jurisdiction to begin the forfeiture proceedings shall commence upon seizure. Within fifteen days following the seizure, the seizing authority shall serve a written notice of intent to forfeit property on the owner of the property seized and on any person having any known right or interest in the property seized. Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure.
(3) Persons claiming a right of ownership or right to possession of property are entitled to a hearing to contest forfeiture. Such a claim shall specify the claim of ownership or possession and shall be made in writing and served on the director within forty-five days of the seizure. If the seizing authority has complied with notice requirements and there is no claim made within forty-five days, then the property shall be forfeited to the state.
(4) If any person timely serves the director with a claim to property, the person shall be afforded an opportunity to be heard as to the person's claim or right. The hearing shall be before the director or director's designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that a person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the property seized is more than five thousand dollars. The department may settle a person's claim of ownership prior to the administrative hearing.
(5) The hearing to contest forfeiture and any subsequent appeal shall be as provided for in chapter 34.05 RCW, the administrative procedure act. The seizing authority has the burden to demonstrate that it had reason to believe the property was held with intent to violate or was used in violation of this title or rule of the commission or director. The person contesting forfeiture has the burden of production and proof by a preponderance of evidence that the person owns or has a right to possess the property and:
(a) That the property was not held with intent to violate or used in violation of this title; or
(b) If the property is a boat, airplane, or vehicle, that the illegal use or planned illegal use of the boat, airplane, or vehicle occurred without the owner's knowledge or consent, and that the owner acted reasonably to prevent illegal uses of such boat, airplane, or vehicle.
(6) A forfeiture of a conveyance encumbered by a perfected security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission. No security interest in seized property may be perfected after seizure.
(7) If seized property is forfeited under this section 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 such property to the agency for the use of enforcing this title, or sell such property, and deposit the proceeds to the fish and wildlife enforcement reward account created in RCW 77.15.425.
[ 2005 c 406 s 2; 2000 c 107 s 231; 1998 c 190 s 69.]

catchline: Civil forfeiture of property used for violation of chapter.


title: RCW 77.15.075

text:
(1) Fish and wildlife 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, a lawful permanent resident, or a deferred action for childhood arrivals recipient. An applicant for a fish and wildlife officer position must be able to speak, read, and write the English language. 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).
(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) The department may utilize the services of a volunteer chaplain as provided under chapter 41.22 RCW.
[ 2024 c 330 s 8; 2020 c 38 s 1; 2012 c 176 s 8; 2009 c 204 s 1; 2003 c 388 s 3; 2002 c 128 s 4; 2000 c 107 s 212; 1998 c 190 s 112; 1993 sp.s. c 2 s 67; 1988 c 36 s 50; 1987 c 506 s 16; 1985 c 155 s 2; 1980 c 78 s 17. Formerly RCW 77.12.055.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Enforcement authority of fish and wildlife officers—Volunteer chaplain.


title: RCW 77.15.077

text:
Washington fish and wildlife officers may engage in private law enforcement off-duty employment, in uniform or in plainclothes for private benefit, subject to guidelines adopted by the chief of fish and wildlife enforcement. These guidelines must ensure that the integrity and professionalism of the Washington fish and wildlife enforcement is preserved. Use of Washington fish and wildlife officer's uniforms shall be considered de minimis use of state property. For any employment authorized under this section that occurs on reservation, trust, or allotted lands of a federally recognized Indian tribe, a Washington fish and wildlife officer must have taken the violence de-escalation and mental health training provided by the criminal justice training commission, including the curriculum of the history of police interactions with Native American communities; and the private employer must have obtained permission from the affected federally recognized Indian tribe.
[ 2023 c 250 s 1.]

catchline: Fish and wildlife officers—Private law enforcement off-duty employment—Guidelines.


title: RCW 77.15.080

text:
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. Fish and wildlife officers and ex officio fish and wildlife officers also may request that the person write his or her signature for comparison with the signature on 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. Fish and wildlife officers and ex officio fish and wildlife officers may require the person, if age sixteen or older, to exhibit a driver's license or other photo identification.
[ 2014 c 202 s 303; 2014 c 48 s 3; 2012 c 176 s 9; 2002 c 281 s 8. Prior: 2001 c 306 s 1; 2001 c 253 s 23; 2000 c 107 s 233; 1998 c 190 s 113.]
Notes:
Reviser's note: This section was amended by 2014 c 48 s 3 and by 2014 c 202 s 303, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—2014 c 202: See note following RCW 77.135.010.
Purpose—2002 c 281: See note following RCW 77.08.010.

catchline: Fish and wildlife officers and ex officio fish and wildlife officers—Inspection authority.


title: RCW 77.15.085

text:
Fish and wildlife officers and ex officio fish and wildlife officers may seize without a warrant wildlife, fish, shellfish, and covered animal species parts and products they have probable cause to believe have been taken, transported, or possessed in violation of this title or rule of the commission or director.
[ 2016 c 2 s 4 (Initiative Measure No. 1401, approved November 3, 2015); 2000 c 107 s 232.]
Notes:
Finding—2016 c 2 (Initiative Measure No. 1401): See note following RCW 77.15.135.

catchline: Seizure without warrant.


title: RCW 77.15.090

text:
On a showing of probable cause that there has been a violation of any fish, seaweed, shellfish, or wildlife law of the state of Washington, or upon a showing of probable cause to believe that evidence of such violation may be found at a place, a court shall issue a search warrant or arrest warrant. Fish and wildlife officers may execute any such arrest or search warrant reasonably necessary to their duties under this title and may seize fish, seaweed, shellfish, and wildlife or any evidence of a crime and the fruits or instrumentalities of a crime as provided by warrant. The court may have a building, enclosure, vehicle, vessel, container, or receptacle opened or entered and the contents examined.
[ 2001 c 253 s 24; 2000 c 107 s 234; 1998 c 190 s 117; 1980 c 78 s 26; 1955 c 36 s 77.12.120. Prior: 1947 c 275 s 22; Rem. Supp. 1947 s 5992-32. Formerly RCW 77.12.120.]
Notes:
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.


title: RCW 77.15.092

text:
Fish and wildlife officers and ex officio fish and wildlife officers may arrest without warrant persons found violating the law or rules adopted pursuant to this title.
[ 2000 c 107 s 213; 1998 c 190 s 114; 1987 c 506 s 19; 1980 c 78 s 20; 1971 ex.s. c 173 s 2; 1961 c 68 s 3; 1955 c 36 s 77.12.080. Prior: 1947 c 275 s 18; Rem. Supp. 1947 s 5992-28. Formerly RCW 77.12.080.]
Notes:
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Arrest without warrant.


title: RCW 77.15.094

text:
Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title and seize evidence as needed for law enforcement. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution. Seizure of property as evidence of a crime does not preclude seizure of the property for forfeiture as authorized by law.
[ 2001 c 253 s 25; 2000 c 107 s 214; 1998 c 190 s 115; 1987 c 506 s 20; 1980 c 78 s 21; 1955 c 36 s 77.12.090. Prior: 1947 c 275 s 19; Rem. Supp. 1947 s 5992-29. Formerly RCW 77.12.090.]
Notes:
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Search without warrant—Seizure of evidence, property—Limitation.


title: RCW 77.15.096

text:
(1) Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner:
(a) The premises, containers, fishing equipment, fish, seaweed, shellfish, and wildlife of any commercial fisher or wholesale dealer or fish dealer; and
(b) Records required by the department of any commercial fisher or wholesale fish buyer or fish dealer.
(2) Fish and wildlife officers and ex officio fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner:
(a) The premises, containers, fishing equipment, fish, shellfish, wildlife, or covered animal species of any person trafficking or otherwise distributing or receiving fish, shellfish, wildlife, or covered animal species;
(b) Records required by the department of any person trafficking or otherwise distributing or receiving fish, shellfish, wildlife, or covered animal species;
(c) Any cold storage plant that a fish and wildlife officer has probable cause to believe contains fish, shellfish, or wildlife;
(d) The premises, containers, fish, shellfish, wildlife, or covered animal species of any taxidermist or fur buyer; or
(e) The records required by the department of any taxidermist or fur buyer.
(3) Fish and wildlife officers may inspect without warrant, at reasonable times and in a reasonable manner, the records required by the department of any retail outlet selling fish, shellfish, or wildlife, and, if the officers have probable cause to believe a violation of this title or rules of the commission has occurred, they may inspect without warrant the premises, containers, and fish, shellfish, and wildlife of any retail outlet selling fish, shellfish, or wildlife.
(4) Authority granted under this section does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution.
[ 2017 3rd sp.s. c 8 s 5; 2002 c 128 s 5; 2001 c 253 s 26; 1998 c 190 s 116; 1982 c 152 s 1; 1980 c 78 s 22. Formerly RCW 77.12.095.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Inspection without warrant—Commercial fish and wildlife entities—Limitations.


title: RCW 77.15.098

text:
(1) An authorized state, county, or municipal officer may be subject to civil liability under RCW 77.15.070 for willful misconduct or gross negligence in the performance of his or her duties.
(2) The director, the fish and wildlife commission, or the department may be subject to civil liability for their willful or reckless misconduct in matters involving the seizure and forfeiture of personal property involved with fish or wildlife offenses.
[ 2000 c 107 s 215; 1993 sp.s. c 2 s 68; 1989 c 314 s 3. Formerly RCW 77.12.103.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Finding—1989 c 314: "In order to improve the enforcement of wildlife laws it is important to increase the penalties upon poachers by seizing the conveyances and gear that are used in poaching activities and to cause forfeiture of those items to the department." [ 1989 c 314 s 1.]

catchline: Willful misconduct/gross negligence—Civil liability.


title: RCW 77.15.100

text:
(1) Fish, shellfish, and wildlife are property of the state under RCW 77.04.012. Fish and wildlife officers may sell seized, commercially taken or possessed 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 taken or possessed 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. Seized fish, shellfish, and wildlife may be returned to the environment or otherwise safely disposed of if storage is not practical under the circumstances, after the evidentiary value of the seized fish, shellfish, or wildlife has been preserved through photographs, measurements, biological samples, or other reasonable means. If an exculpatory value is clearly apparent in the seized fish, shellfish, or wildlife, and the exculpatory value is not otherwise reasonably obtainable, the fish, shellfish, or wildlife should be retained.
(2) Fish and wildlife officers may dispose of any covered animal species part or product seized through the enforcement of RCW 77.15.135 through a donation to a bona fide educational or scientific institution, solely for the purposes of raising awareness of the trafficking and threatened nature of endangered animals, as allowed under state, federal, and international law.
(3) Unless otherwise provided in this title, fish, shellfish, wildlife, or any covered animal species part or product taken or possessed in violation of this title or department rule shall be forfeited to the state upon:
(a) Conviction as defined in RCW 77.15.050;
(b) A finding of guilt or plea of guilty pursuant to an amended information for any violation that was originally charged as a violation of this title or department rule regardless of whether the imposition of sentence is deferred or the penalty is suspended;
(c) Any infraction adjudicated under this title, department rule, or chapter 7.84 RCW with a final disposition of committed, paid, or uncontested, regardless of whether the violation was originally charged as a criminal offense and regardless of whether the penalty is suspended or deferred; or
(d) Any disposition of a case arising from an act originally charged as a violation of this title or department rule, or an infraction cited or referred as a violation of this title, department rule, or chapter 7.84 RCW, whereby the offender enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions. For cases resulting in other types of dispositions that are not defined in RCW 77.15.050, including findings of not guilty, not committed, or dismissal with prejudice due to a failure of proof or violation of law, the fish, shellfish, wildlife, or covered animal species part or product may be returned, or its equivalent value paid, if the fish, shellfish, wildlife, or covered animal species part or product have already been donated or sold. If a case is dismissed without prejudice and is subject to being refiled, the seized fish, shellfish, wildlife, or covered animal species part or product need not be returned until the statute of limitations for the violation has expired. Nothing in this section prevents the seizing authority from pursuing forfeiture under RCW 77.15.070 or any other statute or rule.
[ 2020 c 38 s 2; 2016 c 2 s 5 (Initiative Measure No. 1401, approved November 3, 2015); 2014 c 48 s 4; 2012 c 176 s 10; 2009 c 333 s 39; 2000 c 107 s 235; 1998 c 190 s 63.]
Notes:
Finding—2016 c 2 (Initiative Measure No. 1401): See note following RCW 77.15.135.

catchline: Seized fish, shellfish, wildlife, and covered animal species part or product—Forfeiture—Sale—Disposition of sale.


title: RCW 77.15.110

text:
(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, brokering, 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 it;
(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;
(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.
[ 2017 3rd sp.s. c 8 s 8; 2012 c 176 s 13; 2002 c 127 s 2; 2001 c 253 s 27; 1998 c 190 s 8.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Intent—2002 c 127: "The legislature intends to clarify that when a crime under chapter 77.15 RCW requires proof that a person acted for commercial purposes, that element refers to engaging in particular conduct that is commercial in nature and the element does not imply that a particular state of mind must exist. This act revises the existing definition of that element to confirm that the element is fulfilled by engaging in commercial conduct and to eliminate any implication that a particular mental state of mind must be shown. Examples are given of the type of conduct that may be considered as evidence that a person acts for a commercial purpose; however, these examples do not create a conclusive presumption that a person acts for a commercial purpose." [ 2002 c 127 s 1.]

catchline: Acting for commercial purposes—When—Proof.


title: RCW 77.15.120

text:
(1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if:
(a) The person hunts for, fishes for, possesses, maliciously harasses, or kills fish or wildlife, or possesses or intentionally destroys the nests or eggs of fish or wildlife;
(b) The fish or wildlife is designated by the commission as endangered; and
(c) The taking of the fish or wildlife or the destruction of the nests or eggs has not been authorized by rule of the commission, a permit issued by the department, or a permit issued pursuant to the federal endangered species act.
(2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been:
(a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the taking, possessing, or malicious harassment of endangered fish or wildlife; and
(b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section.
(3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor.
(b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title to be suspended for two years.
[ 2014 c 48 s 5; 2000 c 107 s 236; 1998 c 190 s 13.]

catchline: Endangered fish or wildlife—Unlawful taking—Penalty.


title: RCW 77.15.130

text:
(1) A person is guilty of unlawful taking of protected fish or wildlife if:
(a) The person hunts for, fishes for, maliciously takes, harasses, or possesses fish or wildlife, or the person possesses or maliciously destroys the eggs or nests of fish or wildlife designated by the commission as protected, other than species designated as threatened or sensitive, and the taking has not been authorized by rule of the commission or by a permit issued by the department;
(b) The person violates any rule of the commission regarding the taking, harassing, possession, or transport of protected fish or wildlife; or
(c)(i) The person hunts for, fishes for, intentionally takes, harasses, or possesses fish or wildlife, or the person possesses or intentionally destroys the nests or eggs of fish or wildlife designated by the commission as threatened or sensitive; and
(ii) The taking of the fish or wildlife, or the destruction of the nests or eggs, has not been authorized by rule of the commission, a permit issued by the department, or a permit issued pursuant to the federal endangered species act.
(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 taken 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 severally.
(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 trier of fact determines that the person took or possessed the protected wildlife in question with the intent of bartering, selling, or otherwise deriving economic profit from the wildlife or wildlife parts.
[ 2014 c 48 s 6; 2012 c 176 s 14; 1998 c 190 s 14.]

catchline: Protected fish or wildlife—Unauthorized taking—Penalty—Criminal wildlife penalty assessment.


title: RCW 77.15.135

text:
(1) Except as authorized in subsections (2) and (3) of this section, it is unlawful for a person to sell, offer to sell, purchase, trade, barter for, or distribute any covered animal species part or product.
(2) The prohibitions set forth in subsection (1) of this section do not apply if any of the following conditions is [are] satisfied:
(a) The covered animal species part or product is part of a bona fide antique, provided the antique status of such an antique is established by the owner or seller thereof with historical documentation evidencing provenance and showing the antique to be not less than one hundred years old, and the covered animal species part or product is less than fifteen percent by volume of such an antique;
(b) The distribution of the covered animal species part or product is for a bona fide educational or scientific purpose, or to or from a museum;
(c) The distribution of the covered animal species part or product is to a legal beneficiary of an estate, trust, or other inheritance, upon the death of the owner of the covered animal species part or product;
(d) The covered animal species part or product is less than fifteen percent by volume of a musical instrument, including, without limitation, string instruments and bows, wind and percussion instruments, and pianos; or
(e) The intrastate sale, offer for sale, purchase, trade, barter for, or distribution of the covered animal species part or product is expressly authorized by federal law or permit.
(3) The prohibitions set forth in subsection (1) of this section do not apply to an employee or agent of a federal, state, or local government undertaking any law enforcement activity pursuant to federal, state, or local law or any mandatory duty required by federal, state, or local law.
(4)(a) Except as otherwise provided in this section, a person is guilty of unlawful trafficking in species threatened with extinction in the second degree if the person commits the act described in subsection (1) of this section and the violation involves covered animal species parts or products with a total market value of less than two hundred fifty dollars.
(b) Except as otherwise provided in this section, a person is guilty of unlawful trafficking in species threatened with extinction in the first degree if the person commits the act described by subsection (1) of this section and the violation:
(i) Involves covered animal species parts or products with a total market value of two hundred fifty dollars or more;
(ii) Occurs after entry of a prior conviction under this section;
or
(iii) Occurs within five years of entry of a prior conviction for
any other gross misdemeanor or felony under this chapter.
(c) Unlawful trafficking in species threatened with extinction in the second degree is a gross misdemeanor.
(d) Unlawful trafficking in species threatened with extinction in the first degree is a class C felony.
(e) If a person commits the act described by subsection (1) of this section and such an act also would be a violation of any other criminal provision of this title, the prosecuting authority has discretion as to which crime or crimes the person is charged as long as the charges are consistent with any limitations in the state and federal Constitutions.
(5) In addition to the penalties set forth in subsection (4) of this section, if a person is convicted of violating this section, the court shall require payment of a criminal wildlife penalty assessment in the amount of two thousand dollars 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.
(6) If two or more people are convicted under subsection (1) of this section, the criminal wildlife penalty assessment under this section must be imposed against each person jointly and severally.
(7) The criminal wildlife penalty assessment provided in this section must be doubled if the person is convicted of unlawful trafficking in species threatened with extinction in the first degree.
(8) By January 1, 2017, and thereafter annually, the director shall provide a comprehensive report outlining current and future enforcement activities and strategies related to chapter 2, Laws of 2016, including recommendations regarding any necessary changes, to the relevant policy and fiscal committees of the senate and house of representatives.
(9) The commission may adopt rules necessary for the implementation and enforcement of chapter 2, Laws of 2016.
[ 2016 c 2 s 3 (Initiative Measure No. 1401, approved November 3, 2015).]
Notes:
Finding—2016 c 2 (Initiative Measure No. 1401): "There is broad consensus that the trafficking of animals threatened with extinction continues to grow at an alarming pace, threatening an increasing variety of animal species including elephants, rhinoceroses, tigers, lions, leopards, cheetahs, pangolins, marine turtles, sharks, and rays, among others. These species are threatened with extinction in large part due to the trafficking of their parts and products. The national strategy for combating wildlife trafficking, released in February 2014, recognized the important role that states have in protecting species that are subject to illegal wildlife trade. Federal law regulates the transfer or importation of parts or products made from endangered animal species, but due to the increasing demand for these products around the world, state authority needs to be expanded to appropriately regulate these markets on a local level.
The most effective way to discourage illegal trafficking in animal species threatened with extinction is to eliminate markets and profits. The people find that it is in the public interest to protect animal species threatened with extinction by prohibiting within the state of Washington, with certain limited exceptions, the sale, offer for sale, purchase, trade, barter for, and distribution of any part or product of any species of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, shark, or ray identified as threatened with extinction by specified international conservation organizations. These animals represent some of the most trafficked species threatened with extinction according to illegal wildlife product seizure data gathered by the world wildlife fund-TRAFFIC, international union for conservation of nature, and other international conservation organizations." [ 2016 c 2 s 1 (Initiative Measure No. 1401, approved November 3, 2015).]

catchline: Unlawful sale, purchase, trade, barter, or distribution of covered animal species part or product—Penalty—Report to the legislature—Adoption of rules.


title: RCW 77.15.150

text:
(1) A person is guilty of unlawful use of poison or explosives if:
(a) The person lays out, sets out, or uses a drug, poison, or other deleterious substance that kills, injures, harms, or endangers fish, shellfish, or wildlife, except if the person is using the substance in compliance with federal and state laws and label instructions; or
(b) The person lays out, sets out, or uses an explosive that kills, injures, harms, or endangers fish, shellfish, or wildlife, except if authorized by law or permit of the director.
(2) Unlawful use of poison or explosives is a gross misdemeanor.
[ 2001 c 253 s 28; 1998 c 190 s 16.]

catchline: Poison or explosives—Unlawful use—Penalty.


title: RCW 77.15.160

text:
The following acts are infractions and may be cited and civil penalties imposed as provided under chapter 7.84 RCW, to include detentions for a reasonable period and investigations as provided in RCW 7.84.030. The civil provisions of this section are cumulative and nonexclusive and do not affect any criminal prosecution or investigatory authority over criminal offenses:
(1) Fishing and shellfishing infractions:
(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 as required by department rule.
(d)(i) Recreational fishing: Fishing for fish or shellfish and the person:
(A) 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
(B) 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 and the violation involves:
(I) Salmon or steelhead;
(II) Sturgeon;
(III) Game fish;
(IV) Food fish;
(V) Shellfish;
(VI) Unclassified fish or shellfish;
(VII) Waste of food fish, game fish or shellfish.
(ii) (d)(i)(B) of this subsection does not apply to use of a net to take fish under RCW 77.15.580 or unlawful recreational fishing in the first degree under RCW 77.15.370.
(e) Seaweed: Taking, possessing, or harvesting less than two times the daily possession limit of seaweed:
(i) While the person is not in possession of 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.
(2) Small game hunting infractions:
(a) A person engages in an activity defined by chapter 77.32 RCW while not having in the person's possession or having failed to purchase the hunting license or tag required by that chapter, not including big game.
(b) Eggs or nests: Maliciously, and without permit authorization, destroying, taking, or harming the eggs or active nests of a wild bird not classified as endangered or protected. For purposes of this subsection, "active nests" means nests that contain eggs or fledglings.
(c) Hunting for wildlife not classified as big game and the person violates any department rule regarding seasons, closed areas, closed times, or any other rule defining the method or manner of hunting or taking wildlife and the violation involves:
(i) Unclassified wildlife;
(ii) Small game;
(iii) Furbearers;
(iv) Game birds;
(v) Wild birds;
(vi) Wild animals;
(vii) Waste of small game.
(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) Limited fish seller infraction: Failure of a holder of a limited fish seller endorsement to satisfy the food safety requirements to consumers under RCW 77.65.510(2).
(5)(a) Invasive species management infractions:
(i) Out-of-state certification: Entering Washington in possession of an aquatic conveyance that does not meet certificate of inspection requirements as provided under RCW 77.135.100;
(ii) Clean and drain requirements: Possessing an aquatic conveyance that does not meet clean and drain requirements under RCW 77.135.110;
(iii) Clean and drain orders: Possessing an aquatic conveyance and failing to obey a clean and drain order under RCW 77.135.110 or 77.135.120; and
(iv) Aquatic invasive species prevention permit requirements: Failing to possess a valid aquatic invasive species prevention permit as required under RCW 77.135.210, 77.135.220, or 77.135.230.
(b) Unless the context clearly requires otherwise, the definitions in both RCW 77.08.010 and 77.135.010 apply throughout this subsection (5).
(6) Big game hunting:
(a) A person hunts for big game while not having in the person's possession the hunting license or tag required under this title.
(b) A person hunts for big game species of deer, elk, black bear, or cougar and the person violates any department rule regarding seasons, closed areas, closed times, or any other department rule defining the method or manner of hunting or taking these big game species. This subsection (6)(b) does not apply to protected, threatened, or endangered big game as identified under RCW 77.12.020.
(c) A violation of this subsection carries a mandatory fine of $500, not including statutory assessments added pursuant to RCW 3.62.090.
(7) General hunting:
(a) A person carries, transports, conveys, possesses, or controls a rifle or shotgun in a motor vehicle, except as allowed by department rule, and the rifle or shotgun contains live shells or cartridges in the attached or internal magazine.
(b) A person discharges a firearm from or across the maintained portion of a public highway.
(c) A person fails to properly notch a transport tag as required by department rule.
(8) Hydraulic activities:
(a) A person operates a motor vehicle as defined in RCW 46.04.320 in the wetted portion of a streambed other than at an established ford.
(b) A person, in violation of a department rule, constructs by hand, without the use of tools or equipment, a rock dam or similar structure that could impede the movement of fish life, as defined by department rule.
(9) Department licensed guides:
(a) Failing to display department registration stickers as required by chapter 77.65 RCW or a department rule.
(b) Failing to initiate, complete, or submit guide logbooks as required by department rule.
(10) Fishing guide or charter boat operator infractions:
(a) It is an infraction for a person who is licensed and acting as a fishing guide or charter boat operator to:
(i) Aid in the commission of any infraction under subsection (1) of this section by a client; or
(ii) Permit the commission of any infraction under subsection (1) of this section by a client that the fishing guide or charter boat operator knows or reasonably believes is being or will be committed without:
(A) Attempting to prevent the infraction, short of using force; and
(B) Reporting the infraction.
(b) A person acting as a fishing guide or charter boat operator may be found to have committed an infraction under (a)(i) or (ii) of this subsection regardless of whether the client was issued an infraction for the underlying violation.
(11) Other infractions:
(a) Contests: Unlawfully 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) Department permits: Except as provided in RCW 77.15.750, using a department permit issued by the department, and the person:
(i) Violates any terms or conditions of the permit;
(ii) Violates any department rule applicable to the issuance or use of permits; or
(iii) Violates any commercial use or activity permits, noncommercial use or activity permits, or parking permits.
(e) This subsection does not apply to discover pass, vehicle access pass, or day-use permit requirements or penalties pursuant to RCW 79A.80.080.
[ 2025 c 76 s 2; 2020 c 38 s 3. Prior: 2017 3rd sp.s. c 17 s 303; 2017 3rd sp.s. c 8 s 42; prior: 2014 c 202 s 204; 2014 c 48 s 7; 2013 c 307 s 2; 2012 c 176 s 15; 2000 c 107 s 237; 1998 c 190 s 17.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Infractions—Penalties.


title: RCW 77.15.170

text:
(1) A person is guilty of waste of fish and wildlife if the person:
(a) Takes or possesses wildlife classified as food fish, game fish, shellfish, or game birds having a value of two hundred fifty dollars or more, or wildlife classified as big game; and
(b) Recklessly allows such fish, shellfish, or wildlife to be wasted.
(2) Waste of fish and wildlife 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 for a period of one year.
(3) It is prima facie evidence of waste if:
(a) A fish dealer 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.
[ 2017 3rd sp.s. c 8 s 9; 2014 c 48 s 8; 2012 c 176 s 16; 1999 c 258 s 5; 1998 c 190 s 21.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.

catchline: Waste of fish and wildlife—Penalty.


title: RCW 77.15.180

text:
(1) A person is guilty of unlawful interference with fishing or hunting gear in the second degree if the person:
(a) Removes or releases a wild animal from another person's trap without permission;
(b) Springs, pulls up, damages, possesses, or destroys another person's trap without the owner's permission; or
(c) Interferes with recreational gear used to take fish or shellfish.
(2) Unlawful interference with fishing or hunting gear in the second degree is a misdemeanor.
(3) A person is guilty of unlawful interference with fishing or hunting gear in the first degree if the person:
(a) Removes or releases fish or shellfish from commercial fishing gear without the owner's permission; or
(b) Intentionally destroys or interferes with commercial fishing gear.
(4) Unlawful interference with fishing or hunting gear in the first degree is a gross misdemeanor.
(5) A person is not in violation of unlawful interference with fishing or hunting gear if the person removes a trap placed on property owned, leased, or rented by the person.
[ 2014 c 48 s 9; 2001 c 253 s 29; 1998 c 190 s 22.]

catchline: Unlawful interference with fishing or hunting gear—Penalty.


title: RCW 77.15.190

text:
(1) A person is guilty of unlawful trapping if the person:
(a) Sets out traps that are capable of taking wild animals, wild birds, game animals, or furbearing mammals and does not possess the licenses, tags, or permits required under this title;
(b) Violates any department rule regarding seasons, bag, or possession limits, closed areas including game reserves, closed times, or any other rule governing the trapping of wild animals or wild birds, 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.
[ 2014 c 48 s 10; 2012 c 176 s 17; 1999 c 258 s 9; 1998 c 190 s 34.]

catchline: Unlawful trapping—Penalty.


title: RCW 77.15.191

text:
The director may revoke the trapper's license of a person placing unauthorized traps on private property and may remove those traps.
[ 2000 c 107 s 268; 1987 c 372 s 4. Formerly RCW 77.65.470, 77.32.199.]

catchline: Revocation of trapper's license—Placement of unauthorized traps.


title: RCW 77.15.192

text:
The definitions in this section apply throughout RCW 77.15.194 through 77.15.198.
(1) "Animal" means any nonhuman vertebrate.
(2) "Body-gripping trap" means a trap that grips an animal's body or body part. Body-gripping trap includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, Conibear traps, neck snares, and nonstrangling foot snares. Cage and box traps, suitcase-type live beaver traps, and common rat and mouse traps are not considered body-gripping traps.
(3) "Person" means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental instrumentality.
(4) "Raw fur" means a pelt that has not been processed for purposes of retail sale.
(5) "Animal problem" means any animal that threatens or damages timber or private property or threatens or injures livestock or any other domestic animal.
[ 2001 c 1 s 2 (Initiative Measure No. 713, approved November 7, 2000).]
Notes:
Finding—2001 c 1 (Initiative Measure No. 713): "The people of the state of Washington find that this act is necessary in order to protect people and domestic pets and to protect and conserve wildlife from the dangers of cruel and indiscriminate steel-jawed leghold traps and poisons, and to encourage the use of humane methods of trapping when trapping is necessary to ensure public health and safety, protect livestock or property, safeguard threatened and endangered species, or conduct field research on wildlife." [ 2001 c 1 s 1 (Initiative Measure No. 713, approved November 7, 2000).]
Severability—2001 c 1 (Initiative Measure No. 713): "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." [ 2001 c 1 s 6 (Initiative Measure No. 713, approved November 7, 2000).]

catchline: Definitions.


title: RCW 77.15.194

text:
(1) It is unlawful to use or authorize the use of any steel-jawed leghold trap, neck snare, or other body-gripping trap to capture any mammal for recreation or commerce in fur.
(2) It is unlawful to knowingly buy, sell, barter, or otherwise exchange, or offer to buy, sell, barter, or otherwise exchange the raw fur of a mammal or a mammal that has been trapped in this state with a steel-jawed leghold trap or any other body-gripping trap, whether or not pursuant to permit.
(3) It is unlawful to use or authorize the use of any steel-jawed leghold trap or any other body-gripping trap to capture any animal, except as provided in subsections (4) through (6) of this section.
(4) Nothing in this section prohibits the use of a Conibear trap in water, a padded leghold trap, or a nonstrangling type foot snare with a special permit granted by the director under (a) through (d) of this subsection. Issuance of the special permits shall be governed by rules adopted by the department and in accordance with the requirements of this section. Every person granted a special permit to use a trap or device listed in this subsection shall check the trap or device at least every twenty-four hours.
(a) Nothing in this section prohibits the director, in consultation with the department of social and health services or the United States department of health and human services from granting a permit to use traps listed in this subsection for the purpose of protecting people from threats to their health and safety.
(b) Nothing in this section prohibits the director from granting a special permit to use traps listed in this subsection to a person who applies for such a permit in writing, and who establishes that there exists on a property an animal problem that has not been and cannot be reasonably abated by the use of nonlethal control tools, including but not limited to guard animals, electric fencing, or box and cage traps, or if such nonlethal means cannot be reasonably applied. Upon making a finding in writing that the animal problem has not been and cannot be reasonably abated by nonlethal control tools or if the tools cannot be reasonably applied, the director may authorize the use, setting, placing, or maintenance of the traps for a period not to exceed thirty days.
(c) Nothing in this section prohibits the director from granting a special permit to department employees or agents to use traps listed in this subsection where the use of the traps is the only practical means of protecting threatened or endangered species as designated under RCW 77.08.010.
(d) Nothing in this section prohibits the director from issuing a permit to use traps listed in this subsection, excluding Conibear traps, for the conduct of legitimate wildlife research.
(5) Nothing in this section prohibits the United States fish and wildlife service, its employees or agents, from using a trap listed in subsection (4) of this section where the fish and wildlife service determines, in consultation with the director, that the use of such traps is necessary to protect species listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.).
(6)(a) An airport operator that uses a padded foot, leghold, or any other body-gripping trap for the protection of human and aviation security to secure an animal is exempt from the provisions of subsection (3) of this section if: (i) Once every three years, the airport operator obtains a special permit from the director for this purpose; and (ii) once each year, the airport operator submits a report to the director detailing the previous year's activities regulated under subsection (3) of this section.
(b) Nothing under this subsection (6) authorizes an airport operator to sell the raw fur of a mammal or otherwise violate the provisions of subsection (2) of this section.
(c) For the purposes of this subsection, "airport operator" has the same meaning as defined in RCW 14.08.015.
(7) A person violating this section is guilty of a gross misdemeanor.
[ 2019 c 382 s 1; 2003 c 53 s 374; 2001 c 1 s 3 (Initiative Measure No. 713, approved November 7, 2000).]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Severability—2001 c 1 (Initiative Measure No. 713): See notes following RCW 77.15.192.

catchline: Unlawful traps—Penalty.


title: RCW 77.15.196

text:
(1) It is unlawful to poison or attempt to poison any animal using sodium fluoroacetate, also known as compound 1080, or sodium cyanide.
(2) A person violating this section is guilty of a gross misdemeanor.
[ 2003 c 53 s 375; 2001 c 1 s 4 (Initiative Measure No. 713, approved November 7, 2000).]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Severability—2001 c 1 (Initiative Measure No. 713): See notes following RCW 77.15.192.

catchline: Unlawful poison—Penalty.


title: RCW 77.15.198

text:
In addition to appropriate criminal penalties, the director shall revoke the trapping license of any person convicted of a violation of RCW 77.15.194 or 77.15.196. The director shall not issue the violator a trapping license for a period of five years following the revocation. Following a subsequent conviction for a violation of RCW 77.15.194 or 77.15.196 by the same person, the director shall not issue a trapping license to the person at any time.
[ 2003 c 53 s 376; 2001 c 1 s 5 (Initiative Measure No. 713, approved November 7, 2000).]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Severability—2001 c 1 (Initiative Measure No. 713): See notes following RCW 77.15.192.

catchline: Violation of RCW 77.15.194 or 77.15.196—Penalty.


title: RCW 77.15.210

text:
(1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person:
(a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or
(b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.
(2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.
(3) It is an affirmative defense to a prosecution for obstructing the taking of fish, shellfish, or wildlife that the person charged was:
(a) Interfering with a person engaged in hunting outside the legally established hunting season; or
(b) Preventing or attempting to prevent unauthorized trespass on private property.
(4) The person raising a defense under subsection (3) of this section has the burden of proof by a preponderance of the evidence.
[ 2001 c 253 s 30; 1998 c 190 s 24.]

catchline: Obstructing the taking of fish, shellfish, or wildlife—Penalty.


title: RCW 77.15.212

text:
Any person who is damaged by any act prohibited in RCW 77.15.210 may bring a civil action to enjoin further violations, and recover damages sustained, including a reasonable attorneys' fee. The trial court may increase the award of damages to an amount not to exceed three times the damages sustained. A party seeking civil damages under this section may recover upon proof of a violation by a preponderance of the evidence. The state of Washington may bring a civil action to enjoin violations of this section.
[ 2000 c 107 s 238.]

catchline: Damages due to violation of RCW 77.15.210—Civil action.