title: RCW 77.15.230

text:
(1) A person is guilty of unlawful use of department lands or facilities if the person enters upon, uses, or remains upon department-owned or department-controlled lands or facilities in violation of any rule of the department.
(2) Unlawful use of department lands or facilities is a misdemeanor.
[ 1999 c 258 s 6; 1998 c 190 s 26.]

catchline: Department lands or facilities—Unlawful use—Penalty.


doc_type: statute

jurisdiction: wa

title: RCW 77.15.240

text:
(1)(a) A person is guilty of unlawful use of dogs if the person:
(i) Negligently fails to prevent a dog under the person's control from pursuing, harassing, attacking, or killing deer, elk, moose, caribou, mountain sheep, or animals classified as endangered under this title; or
(ii) Uses the dog to hunt deer or elk.
(b) For the purposes of this subsection, a dog is "under a person's control" if the dog is owned or possessed by, or in the custody of, a person.
(2) Unlawful use of dogs is a misdemeanor.
(3)(a) Based on a reasonable belief that a dog is pursuing, harassing, attacking, or killing a deer, elk, moose, caribou, mountain sheep, or animals classified as protected or endangered under this title, fish and wildlife officers and ex officio fish and wildlife officers may:
(i) Lawfully take a dog into custody; or
(ii) If necessary to avoid repeated harassment, injury, or death of wildlife under this section, destroy the dog.
(b) Fish and wildlife officers and ex officio fish and wildlife officers who destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions.
(4)(a) This section does not apply to a person using a dog to conduct a department-approved and controlled hazing activity, as long as the person prevents or minimizes physical contact between the dog and the wildlife, and the hazing is being done only for the purposes of wildlife control and the prevention of damage to commercial crops.
(b) For the purposes of this subsection, "hazing" means the act of chasing or herding wildlife in an effort to move them from one location to another.
[ 2014 c 48 s 11; 2012 c 176 s 18; 1998 c 190 s 30.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Unlawful use of dogs—Penalty—Authority to take or destroy a dog—Certain hazing activities permitted.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 77.15.245

text:
(1) Notwithstanding the provisions of RCW 77.12.240, 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.
(a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety.
(b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland.
(c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes.
(d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them.
(2) Notwithstanding RCW 77.12.240, 77.36.030, or any other provisions of law, it is unlawful to hunt or pursue black bear, cougar, or bobcat with the aid of a dog or dogs.
(a) Nothing in this subsection shall be construed to prohibit the hunting of black bear, cougar, or bobcat with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. A dog or dogs may be used by the owner or tenant of real property consistent with a permit issued and conditioned by the director.
(b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit, capture and relocation, of black bear, cougar, or bobcat for scientific purposes.
(c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the killing of black bear, cougar, or bobcat, for the protection of a state and/or federally listed threatened or endangered species.
(d) Nothing in this subsection may be construed to prohibit nonlethal pursuit training of dogs by persons selected through the process established in RCW 77.12.077 for future use for the purpose of protecting livestock, domestic animals, private property, or the public safety.
(3) Notwithstanding subsection (2) of this section, the commission may authorize the use of dogs only in selected areas within a game management unit to address a public safety need presented by one or more cougar. This authority may only be exercised after the commission has determined that no other practical alternative to the use of dogs exists, and after the commission has adopted rules describing the conditions in which dogs may be used. Conditions that may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock and cougar/pet depredations, and the number of cougar capture attempts and relocations.
(4) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the department shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and order the suspension of wildlife hunting privileges for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time.
[ 2019 c 226 s 2; 2005 c 107 s 1; 2001 c 253 s 31. Prior: 2000 c 248 s 1; 2000 c 107 s 260; 1997 c 1 s 1 (Initiative Measure No. 655, approved November 5, 1996). Formerly RCW 77.16.360.]
Notes:
Effective date—2000 c 248: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2000]." [ 2000 c 248 s 2.]
Severability—1997 c 1 (Initiative Measure No. 655): "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1997 c 1 s 2 (Initiative Measure No. 655, approved November 5, 1996).]

catchline: Unlawful practices—Black bear baiting—Exceptions—Illegal hunting—Use of dogs—Exceptions—Penalties.


title: RCW 77.15.250

text:
(1)(a) A person is guilty of unlawfully releasing, planting, possessing, or placing fish, shellfish, or wildlife if the person knowingly releases, plants, possesses, or places live fish, shellfish, wildlife, or aquatic plants within the state in violation of this title or rule of the department, and the fish, shellfish, or wildlife have not been classified as deleterious wildlife. This subsection does not apply to a release of game fish into private waters for which a game fish stocking permit has been obtained, or the planting of fish or shellfish by permit of the commission.
(b) A violation of this subsection is a gross misdemeanor. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, aquatic plants, wildlife, or progeny unlawfully released, planted, possessed, or placed. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, or controlling the fish, shellfish, aquatic plants, wildlife, or progeny unlawfully released, planted, possessed, or placed, or the costs of habitat restoration necessitated by the unlawful release, planting, possession, or placing.
(2)(a) A person is guilty of unlawfully releasing, planting, possessing, or placing deleterious exotic wildlife if the person knowingly releases, plants, possesses, or places live fish, shellfish, or wildlife within the state in violation of this title or rule of the department, and the fish, shellfish, or wildlife have been classified as deleterious exotic wildlife by rule of the commission.
(b) A violation of this subsection is a class C felony. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, wildlife, or progeny unlawfully released, planted, possessed, or placed. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, or controlling the fish, shellfish, wildlife, or progeny unlawfully released, planted, possessed, or placed, or the costs of habitat restoration necessitated by the unlawful release, planting, possession, or placing.
[ 2014 c 48 s 12; 2001 c 253 s 32; 1998 c 190 s 31.]

catchline: Unlawful release or possession of fish, shellfish, or wildlife—Penalty—Unlawful release of deleterious exotic wildlife—Penalty.


title: RCW 77.15.260

text:
(1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree if the person traffics in fish, shellfish, seaweed, or wildlife with a wholesale value of less than $250 and:
(a) The fish, shellfish, or wildlife is classified as game, food fish, shellfish, game fish, or protected wildlife and the trafficking is not authorized by statute or department rule;
(b) The fish, shellfish, or wildlife is unclassified and the trafficking violates any department rule; or
(c) The seaweed is trafficked in violation of any department rule.
(2)(a) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the first degree if the person commits the act described by subsection (1) of this section and:
(i) The fish, shellfish, or wildlife has a value of two hundred fifty dollars or more; or
(ii) The fish, shellfish, or wildlife is designated as an endangered species or deleterious exotic wildlife and such trafficking is not authorized by any statute or department rule.
(b) For purposes of this subsection (2), whenever any series of transactions that constitute unlawful trafficking would, when considered separately, constitute unlawful trafficking in the second degree due to the value of the fish, shellfish, or wildlife, and the series of transactions are part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all the transactions considered when determining the degree of unlawful trafficking involved.
(3)(a) Unlawful trafficking in fish, shellfish, or wildlife in the second degree is a class C felony.
(b) Unlawful trafficking in fish, shellfish, or wildlife in the first degree is a class B felony.
[ 2025 c 76 s 3; 2015 c 141 s 1; 2012 c 176 s 19; 2001 c 253 s 33; 1998 c 190 s 42.]

catchline: Unlawful trafficking in fish, shellfish, or wildlife—Penalty.


title: RCW 77.15.265

text:
(1) It is unlawful for any person to possess in Washington any fish, shellfish, or wildlife that the person knows was taken in another state or country in violation of that state's or country's laws or regulations relating to licenses or tags, seasons, areas, methods, or bag or possession limits.
(2) As used in this section, the terms "fish," "shellfish," and "wildlife" have the meaning ascribed to those terms in the applicable law or regulation of the state or country of the fish's, shellfish's, or wildlife's origin.
(3) Unlawful possession of fish, shellfish, or wildlife taken or possessed in violation of another state's or country's laws or regulations is a gross misdemeanor.
[ 2014 c 48 s 24.]

catchline: Unlawful possession of fish, shellfish, or wildlife knowingly taken in violation of another state's or country's laws—Penalty.


title: RCW 77.15.270

text:
(1) A person is guilty of providing false information regarding fish, shellfish, or wildlife if the person knowingly provides false or misleading information required by any statute or rule to be provided to the department regarding the taking, delivery, possession, transportation, sale, transfer, or any other use of fish, shellfish, or wildlife.
(2) Providing false information regarding fish, shellfish, or wildlife is a gross misdemeanor.
[ 2001 c 253 s 34; 1998 c 190 s 46.]

catchline: Providing false information—Penalty.


title: RCW 77.15.280

text:
(1) A person is guilty of violating rules requiring reporting of fish or wildlife harvest if the person:
(a) Fails to make a harvest log report of a commercial fish or shellfish catch in violation of any department rule; or
(b) Fails to submit any portion of a big game animal for an inspection as required by department rule.
(2) Violating rules requiring reporting of fish or wildlife harvest is a misdemeanor.
[ 2012 c 176 s 20; 2008 c 244 s 2; 2005 c 418 s 2; 1998 c 190 s 47.]

catchline: Reporting of fish or wildlife harvest—Rules violation—Penalty.


title: RCW 77.15.290

text:
(1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person:
(a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any department rule governing the transportation or movement of fish, shellfish, or wildlife and the transportation does not involve big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife having a value greater than $250; or
(b) Possesses but fails to affix and notch a big game transport tag as required by department rule.
(2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person:
(a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any department rule governing the transportation or movement of fish, shellfish, or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife with a value of $250 or more; or
(b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title.
(3)(a) Unlawful transportation of fish or wildlife in the second degree is a misdemeanor.
(b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor.
(4) This section does not apply to invasive species.
[ 2025 c 76 s 4; 2014 c 202 s 304; 2012 c 176 s 21; 2007 c 350 s 6; 2002 c 281 s 7; 2001 c 253 s 35; 1998 c 190 s 48.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.
Purpose—2002 c 281: See note following RCW 77.08.010.

catchline: Unlawful transportation of fish or wildlife—Penalty.


title: RCW 77.15.300

text:
(1) A person is guilty of unlawfully undertaking hydraulic project activities if the person constructs any form of hydraulic project or performs other work on a hydraulic project and:
(a) Fails to have a hydraulic project approval required under chapter 77.55 RCW for such construction or work; or
(b) Violates any requirements or conditions of the hydraulic project approval for such construction or work.
(2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor.
[ 2000 c 107 s 239; 1998 c 190 s 52.]

catchline: Unlawful hydraulic project activities—Penalty.


title: RCW 77.15.310

text:
(1) A person is guilty of unlawful failure to use or maintain an approved fish guard on a diversion device if the person owns, controls, or operates a device used for diverting or conducting water from a lake, river, or stream and:
(a) The device is not equipped with a fish guard, screen, or bypass approved by the director as required by RCW 77.57.010 or 77.57.070; or
(b) The person knowingly fails to maintain or operate an approved fish guard, screen, or bypass so as to effectively screen or prevent fish from entering the intake.
(2) Unlawful failure to use or maintain an approved fish guard, screen, or bypass on a diversion device is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day that a diversion device is operated without an approved or maintained fish guard, screen, or bypass is a separate offense.
[ 2009 c 333 s 3; 2003 c 39 s 38; 2000 c 107 s 240; 1998 c 190 s 53.]

catchline: Unlawful failure to use or maintain approved fish guard on water diversion device—Penalty.


title: RCW 77.15.320

text:
(1) A person is guilty of unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction if the person owns, operates, or controls a dam or other obstruction to fish passage on a river or stream and:
(a) The dam or obstruction is not provided with a durable and efficient fishway approved by the director as required by RCW 77.57.030;
(b) Fails to maintain a fishway in efficient operating condition; or
(c) Fails to continuously supply a fishway with a sufficient supply of water to allow the free passage of fish.
(2) Unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day of unlawful failure to provide, maintain, or operate a fishway is a separate offense.
[ 2009 c 333 s 4; 2000 c 107 s 241; 1998 c 190 s 54.]

catchline: Unlawful failure to provide, maintain, or operate fishway for dam or other obstruction—Penalty.


title: RCW 77.15.340

text:
(1) A person is guilty of unlawful operation of a game farm if the person (a) operates a game farm without the license required by RCW 77.65.480; or (b) violates any rule of the commission or the director applicable to game farms under RCW 77.12.570, 77.12.580, and 77.12.590.
(2) Unlawful operation of a game farm is a gross misdemeanor.
[ 2001 c 253 s 37; 1998 c 190 s 57.]

catchline: Unlawful operation of a game farm—Penalty.


title: RCW 77.15.350

text:
(1) A person is guilty of violating a rule regarding inspection and disease control of aquatic farms if the person:
(a) Violates any rule adopted under chapter 77.115 RCW regarding the inspection and disease control program for an aquatic farm; or
(b) Fails to register or report production from an aquatic farm as required by chapter 77.115 RCW.
(2) A violation of a rule regarding inspection and disease control of aquatic farms is a misdemeanor.
[ 2000 c 107 s 242; 1998 c 190 s 58.]

catchline: Inspection and disease control of aquatic farms—Rules violation—Penalty.


title: RCW 77.15.360

text:
(1) A person is guilty of unlawful interfering in department operations if the person prevents department employees from carrying out duties authorized by this title, including but not limited to interfering:
(a) In the operation of department vehicles, vessels, or aircraft;
(b) With the collection of samples of tissue, fluids, or other bodily parts of fish, wildlife, and shellfish under RCW 77.12.071; or
(c) With actions authorized by a warrant issued under RCW 77.135.170 or 77.15.807.
(2) Unlawful interfering in department operations is a gross misdemeanor.
[ 2014 c 202 s 308; 2007 c 337 s 3; 2000 c 107 s 243; 1998 c 190 s 61.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.
Intent—Finding—2007 c 337: See note following RCW 77.12.071.

catchline: Unlawful interfering in department operations—Penalty.


title: RCW 77.15.370

text:
(1) A person is guilty of unlawful recreational fishing in the first degree if:
(a) The person takes or possesses two times or more than the bag limit or possession limit of fish or shellfish allowed by any rule of the director or commission setting the amount of food fish, game fish, or shellfish that can be taken or possessed for noncommercial use;
(b) The person fishes in a fishway;
(c) The person shoots, gaffs, snags, snares, spears, dipnets, or stones fish or shellfish in state waters, or possesses fish or shellfish taken by such means, unless such means are authorized by express department rule;
(d) The person fishes for or possesses a fish listed as threatened or endangered in 50 C.F.R. Sec. 223.102 (2006) or Sec. 224.101 (2010), unless fishing for or possessing such fish is specifically allowed under federal or state law;
(e) The person possesses a white sturgeon measuring in excess of the maximum size limit as established by rules adopted by the department;
(f) The person possesses a green sturgeon of any size; or
(g)(i) The person possesses a wild salmon or wild steelhead during a season closed for wild salmon or wild steelhead.
(ii) For the purposes of this subsection:
(A) "Wild salmon" means a salmon with an unclipped adipose fin, regardless of whether the salmon's ventral fin is clipped. A salmon is considered to have an unclipped adipose fin if it does not have a healed scar at the location of the clipped adipose fin.
(B) "Wild steelhead" means a steelhead with no fins clipped.
(2) Unlawful recreational fishing in the first degree is a gross 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 fish listed in this subsection, the court shall require payment of the following amounts for each fish 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) White sturgeon longer than fifty-five inches in fork length, two thousand dollars;
(b) Green sturgeon, two thousand dollars; and
(c) Wild salmon or wild steelhead, five hundred 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 fishing license and suspend the fishing 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 fish in question with the intent of bartering, selling, or otherwise deriving economic profit from the fish or fish parts.
[ 2016 c 64 s 1; 2014 c 48 s 13; 2012 c 176 s 22; 2009 c 333 s 17; 2005 c 406 s 3; 2001 c 253 s 38; 1998 c 190 s 19.]

catchline: Unlawful recreational fishing in the first degree—Penalty—Criminal wildlife penalty assessment.


title: RCW 77.15.380

text:
(1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for fish or shellfish and, whether or not the person possesses fish or shellfish, the person has not purchased the appropriate fishing or shellfishing license and catch record card issued to Washington residents or nonresidents under chapter 77.32 RCW.
(2) A person is guilty of unlawful recreational fishing in the second degree if the person takes or possesses fish or shellfish and:
(a) The person owns, but does not have in the person's possession, the license or the catch record card required by chapter 77.32 RCW for such activity; or
(b) The action violates any department rule regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing for, taking, or possessing fish or shellfish. This section does not apply to use of a net to take fish under RCW 77.15.580 or the unlawful use of shellfish gear for personal use under RCW 77.15.382.
(3) Unlawful recreational fishing in the second degree is a misdemeanor.
[ 2014 c 48 s 14; 2012 c 176 s 23; 2010 c 193 s 5; 2001 c 253 s 39; 2000 c 107 s 244; 1998 c 190 s 18.]

catchline: Unlawful recreational fishing in the second degree—Penalty.


title: RCW 77.15.382

text:
(1) A person is guilty of the unlawful use of shellfish gear for personal use purposes if the person:
(a) Takes, fishes for, or possesses crab, shrimp, or crawfish for personal use purposes with shellfish gear that is constructed or altered in a manner that violates any rule of the commission relating to required gear design specifications; or
(b) Is found in possession of, upon any vessel located on the waters of the state, shellfish gear that is constructed or altered in a manner that violates any rule of the commission relating to required gear design specifications, unless a person holds a valid crab pot removal permit under RCW 77.70.500 and is in the process of transporting removed crab pots as part of the Dungeness crab pot removal program.
(2) The unlawful use of shellfish gear for personal use purposes is a misdemeanor.
[ 2010 c 193 s 2.]

catchline: Unlawful use of shellfish gear for personal use purposes—Penalty.


title: RCW 77.15.390

text:
(1) A person is guilty of unlawful taking of seaweed if the person takes or possesses seaweed and:
(a) The person has not purchased a personal use shellfish and seaweed license issued to Washington residents or nonresidents under chapter 77.32 RCW; or
(b) The person takes or possesses seaweed in an amount that is two times or more of the daily possession limit of seaweed.
(2) Unlawful taking of seaweed is a misdemeanor. This does not affect rights of the state to recover civilly for trespass, conversion, or theft of state-owned valuable materials.
[ 2014 c 48 s 15; 2012 c 176 s 24; 2001 c 253 s 40; 2000 c 107 s 245; 1998 c 190 s 20.]

catchline: Seaweed—Unlawful taking—Penalty.


title: RCW 77.15.395

text:
(1) For the purpose of hunter safety, the commission must adopt rules determining the times and manner when a person hunting must wear either fluorescent orange or fluorescent pink clothing or both. The rules must allow a person hunting to wear either fluorescent orange or fluorescent pink clothing, or both, in order to meet a visible clothing requirement when hunting.
(2) A violation of this section is an infraction punishable under RCW 77.15.160.
[ 2019 c 58 s 1.]

catchline: Hunter safety—Visible clothing requirement—Penalty.


title: RCW 77.15.400

text:
(1) A person is guilty of unlawful hunting of wild birds in the second degree if the person hunts for wild birds and, whether or not the person possesses wild birds, the person has not purchased the appropriate hunting license, tags, stamps, and permits issued to Washington residents or nonresidents under chapter 77.32 RCW.
(2) A person is guilty of unlawful hunting of wild birds in the second degree if the person takes or possesses less than two times the bag or possession limit of wild birds and the person:
(a) Owns, but does not have in the person's possession, all licenses, tags, stamps, and permits required under this title; or
(b) Violates any department rule regarding seasons, bag or possession limits, closed areas, closed times, or the manner or method of hunting or possession of wild birds.
(3) A person is guilty of unlawful hunting of wild birds in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild birds allowed by department rule.
(4)(a) Unlawful hunting of wild birds in the second degree is a misdemeanor.
(b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor.
(5) In addition to the penalties set forth in this section, if a person, other than a youth as defined in RCW 77.08.010 for hunting purposes, violates a department rule that requires the use of nontoxic shot, upon conviction:
(a) The court shall require a payment of one thousand dollars as a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425. The criminal wildlife penalty assessment must be imposed regardless of and in addition to any sentence, fine, or costs imposed for violating this section. The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect; and
(b) The department shall revoke the hunting license of the person and order a suspension of small game hunting privileges for two years.
[ 2016 c 64 s 2; 2012 c 176 s 25; 2006 c 148 s 1; 2001 c 253 s 41; 1999 c 258 s 2; 1998 c 190 s 9.]

catchline: Unlawful hunting of wild birds—Violation of a rule requiring nontoxic shot—Penalty.


title: RCW 77.15.410

text:
(1) A person is guilty of unlawful hunting of big game in the second degree if the person:
(a) Hunts for big game and, whether or not the person takes or possesses big game, the person has not purchased the appropriate license, permit, or tags required under this title;
(b) Takes or possesses big game, but does not have in the person's possession the licenses, tags, or permits required under this title;
(c) Takes or possesses big game and violates any department rule regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of deer, elk, cougar, and black bear;
(d) Hunts for big game and, whether or not the person takes or possesses big game, the person does not have in the person's possession the licenses, tags, or permits required under this title; and the act occurs within two years of the date of a prior committed finding of any big game hunting infraction under RCW 77.15.160(6); or
(e) Violates any department rule regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game species other than deer, elk, cougar, or black bear.
(2) A person is guilty of unlawful hunting of big game in the first degree if the person commits the act described in subsection (1) of this section and:
(a) The person hunts for, takes, or possesses three or more big game animals within the same course of events; or
(b) The act occurs within five years of the date of a prior conviction under this title involving unlawful hunting, killing, possessing, or taking big game.
(3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor. Upon conviction of an offense involving killing or possession of big game taken during a closed season, closed area, without the proper license, tag, or permit using an unlawful method, or in excess of the bag or possession limit, the department shall revoke all of the person's hunting licenses and tags and order a suspension of the person's hunting privileges for two years. Courts shall impose the mandatory penalty requirements of RCW 77.15.420.
(b) Unlawful hunting of big game in the first degree is a class C felony. Upon conviction, the department shall revoke all of the person's hunting licenses or tags and order the person's hunting privileges suspended for 10 years. Courts shall impose the mandatory penalty requirements of RCW 77.15.420.
(4) For the purposes of this section, "same course of events" means within one 72 hour period, or a common scheme or plan of a series of acts that are unlawful under subsection (1) of this section.
[ 2025 c 76 s 5; 2012 c 176 s 26; 2011 c 133 s 1; 2005 c 406 s 4; 1999 c 258 s 3; 1998 c 190 s 10.]

catchline: Unlawful hunting of big game—Penalty.


title: RCW 77.15.420

text:
(1) If an adult offender is convicted of violating RCW 77.15.410 and that violation results in the death of wildlife listed in this section, the court shall require payment of the following amounts for each animal taken or possessed. This shall be a criminal wildlife penalty assessment that shall be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425.
(a)
Moose, mountain sheep, mountain goat, and all wildlife species classified as endangered by rule of the commission, except for mountain caribou and grizzly bear as listed under (d) of this subsection. . . .
$4,000
(b)
Elk, deer, black bear, and cougar. . . .
$2,000
(c)
Trophy animal elk and deer. . . .
$6,000
(d)
Mountain caribou, grizzly bear, and trophy animal mountain
sheep. . . .
$12,000
(2)(a) For the purpose of this section a "trophy animal" is:
(i) A buck deer with four or more antler points on both sides, not including eyeguards;
(ii) A bull elk with five or more antler points on both sides, not including eyeguards; or
(iii) A mountain sheep with a horn curl of three-quarter curl or greater.
(b) For purposes of this subsection, "eyeguard" means an antler protrusion on the main beam of the antler closest to the eye of the animal.
(3) If two or more persons are convicted of illegally possessing wildlife in subsection (1) of this section, the criminal wildlife penalty assessment shall be imposed on them jointly and severally.
(4) The criminal wildlife penalty assessment shall be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this title. The criminal wildlife penalty assessment shall be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect. This section may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
(5) A defaulted criminal wildlife penalty assessment may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence.
(6) A person assessed a criminal wildlife penalty assessment under this section shall have his or her hunting license revoked and all hunting privileges suspended until the penalty assessment is paid through the registry of the court in which the penalty assessment was assessed. This revocation and suspension is in addition to and runs concurrently with any revocation and suspension required by law.
(7) The criminal wildlife penalty assessments provided in subsection (1) of this section shall be doubled in the following instances:
(a) When a person is convicted of spotlighting big game under RCW 77.15.450;
(b) When a person commits a violation that requires payment of a wildlife penalty assessment within five years of a prior gross misdemeanor or felony conviction under this title;
(c) When the trier of fact determines that the person took or possessed the animal in question with the intent of bartering, selling, or otherwise deriving economic profit from the animal or the animal's parts; or
(d) When the trier of fact determines that the person took the animal under the supervision of a licensed guide.
[ 2016 c 64 s 3; 2015 c 265 s 38; 2014 c 48 s 16; 2005 c 406 s 5; 1998 c 190 s 62.]
Notes:
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
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catchline: Illegally taken or possessed wildlife—Criminal wildlife penalty assessed.


title: RCW 77.15.425

text:
The fish and wildlife enforcement reward account is created in the custody of the state treasurer. Deposits to the account include: Receipts from fish and shellfish overages as a result of a department enforcement action; fees for hunter education deferral applications; fees for master hunter applications and master hunter certification renewals; all receipts from criminal wildlife penalty assessments under this chapter; all receipts of court-ordered restitution or donations associated with any fish, shellfish, or wildlife enforcement action; and proceeds from forfeitures and evidence pursuant to RCW 77.15.070 and 77.15.100. The department may accept money or personal property from persons under conditions requiring the property or money to be used consistent with the intent of expenditures from the fish and wildlife enforcement reward account. Expenditures from the account may be used only for investigation and prosecution of fish and wildlife offenses, to provide rewards to persons informing the department about violations of this title and rules adopted under this title, to offset department-approved costs incurred to administer the hunter education deferral program and the master hunter permit program, and for other valid enforcement uses as determined by the commission. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2016 c 2 s 6 (Initiative Measure No. 1401, approved November 3, 2015); 2014 c 48 s 17; 2009 c 333 s 18; 2006 c 148 s 2; 2005 c 406 s 1.]
Notes:
Finding—2016 c 2 (Initiative Measure No. 1401): See note following RCW 77.15.135.

catchline: Fish and wildlife enforcement reward account.


title: RCW 77.15.430

text:
(1) A person is guilty of unlawful hunting of wild animals in the second degree if the person hunts for wild animals not classified as big game and, whether or not the person possesses the wild animals, the person has not purchased the appropriate hunting license issued to Washington residents or nonresidents under chapter 77.32 RCW.
(2) A person is guilty of unlawful hunting of wild animals in the second degree if the person:
(a) Takes or possesses a wild animal that is not classified as big game, and owns, but does not have in the person's possession, all licenses, tags, or permits required by this title; or
(b) Violates any department rule regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas including game reserves, closed times, or any other rule addressing the manner or method of hunting or possession of wild animals not classified as big game.
(3) A person is guilty of unlawful hunting of wild animals in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild animals that are not classified as big game animals as allowed by department rule.
(4)(a) Unlawful hunting of wild animals in the second degree is a misdemeanor.
(b) Unlawful hunting of wild animals in the first degree is a gross misdemeanor.
[ 2012 c 176 s 27; 1999 c 258 s 4; 1998 c 190 s 11.]

catchline: Unlawful hunting of wild animals—Penalty.


title: RCW 77.15.435

text:
(1) A person is guilty of unlawfully hunting on, retrieving hunted wildlife from, or collecting wildlife parts from the property of another if the person knowingly enters or remains unlawfully in or on the premises of another for the purpose of:
(a) Hunting for wildlife;
(b) Retrieving hunted wildlife; or
(c) Collecting wildlife parts.
(2) In any prosecution under this section, it is a defense that:
(a) The premises were at the time open to members of the public for the purpose of hunting, and the actor complied with all lawful conditions imposed on access to or remaining on the premises;
(b) The actor reasonably believed that the owner of the premises, or other person empowered to license access to the premises, would have licensed him or her to enter or remain on the premises for the purpose of hunting, retrieving hunted wildlife, or collecting wildlife parts;
(c) The actor reasonably believed that the premises were not privately owned; or
(d) The actor, after making all reasonable attempts to contact the owner of the premises, entered the premises to retrieve the hunted wildlife for the sole purpose of avoiding a violation of the prohibition on the waste of fish and wildlife as provided in RCW 77.15.170. The defense in this subsection only applies to the retrieval of hunted wildlife and not to the actual act of hunting itself or the collecting of wildlife parts.
(3) Unlawfully hunting on, retrieving hunted wildlife from, or collecting wildlife parts from the property of another is a misdemeanor.
(4) If a person unlawfully hunts and kills wildlife, or retrieves hunted wildlife that he or she has killed, on the property of another, then, upon conviction under this section, the department shall revoke all hunting licenses and tags and order a suspension of the person's hunting privileges for two years. This subsection does not apply to a person convicted under this section for unlawfully collecting wildlife parts from the property of another.
(5) Any wildlife or wildlife parts that are unlawfully hunted on, retrieved, or collected from the property of another must be seized by fish and wildlife officers. Forfeiture and disposition of the wildlife or wildlife parts is pursuant to RCW 77.15.100.
[ 2015 c 154 s 1; 2012 c 176 s 11.]

catchline: Unlawful hunting on, retrieving hunted wildlife from, or collecting wildlife parts from the property of another—Defense—Penalty—Forfeiture and disposition of wildlife.


title: RCW 77.15.440

text:
(1) A person is guilty of unlawful use of weapons, traps, or dogs on game reserves if:
(a) The person uses firearms, other hunting weapons, or traps on a game reserve; or
(b) The person negligently allows a dog upon a game reserve.
(2) This section does not apply to persons on a public highway or if the conduct is authorized by rule of the department.
(3) This section does not apply to a person in possession of a handgun if the person in control of the handgun possesses a valid concealed pistol license and the handgun is concealed on the person.
(4) Unlawful use of weapons, traps, or dogs on game reserves is a misdemeanor.
[ 1998 c 190 s 12.]

catchline: Weapons, traps, or dogs on game reserves—Unlawful use—Penalty.


title: RCW 77.15.450

text:
(1) A person is guilty of spotlighting big game in the second degree if the person hunts big game with the aid of a spotlight, other artificial light, or night vision equipment while in possession or control of a firearm, bow and arrow, or cross bow. For purposes of this section, "night vision equipment" includes electronic light amplification devices, thermal imaging devices, and other comparable equipment used to enhance night vision.
(2) A person is guilty of spotlighting big game in the first degree if:
(a) The person has any prior conviction for gross misdemeanor or felony for a crime under this title involving big game including but not limited to subsection (1) of this section or RCW 77.15.410; and
(b) Within ten years of the date that such prior conviction was entered the person commits the act described by subsection (1) of this section.
(3)(a) Spotlighting big game in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke all hunting licenses and tags and order a suspension of the person's hunting privileges for two years.
(b) Spotlighting big game in the first degree is a class C felony. Upon conviction, the department shall order suspension of all privileges to hunt wildlife for a period of ten years.
(4) A person convicted under this section shall be assessed a criminal wildlife penalty assessment as provided in RCW 77.15.420.
[ 2005 c 406 s 6; 1998 c 190 s 27.]

catchline: Spotlighting big game—Penalty.


title: RCW 77.15.460

text:
(1) A person is guilty of unlawful possession of a loaded rifle or shotgun in a motor vehicle, as defined in RCW 46.04.320, or upon an off-road vehicle, as defined in RCW 46.04.365, if:
(a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in a motor vehicle, or upon an off-road vehicle, except as allowed by department rule; and
(b) The rifle or shotgun contains a shell or cartridge in the chamber, or is a muzzle-loading firearm that is loaded and capped or primed.
(2) A person is guilty of unlawful use of a loaded firearm if:
(a) The person negligently discharges a firearm from, across, or along the maintained portion of a public highway; or
(b) The person discharges a firearm from within a moving motor vehicle or from upon a moving off-road vehicle.
(3) Unlawful possession of a loaded rifle or shotgun in a motor vehicle or upon an off-road vehicle, and unlawful use of a loaded firearm are misdemeanors.
(4) This section does not apply if the person:
(a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;
(b) Has been granted a disability designation as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities; or
(c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle, as long as the engine is turned off and the motor vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule. This subsection (4)(c) does not apply to off-road vehicles, which are unlawful to use for hunting under RCW 46.09.480, unless the person has a department permit issued under RCW 77.32.237.
(5) For purposes of subsection (1) of this section, a rifle or shotgun shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the rifle or shotgun.
[ 2025 c 76 s 6; 2018 c 168 s 1; 2014 c 48 s 18; 2012 c 176 s 28; 1999 c 258 s 7; 1998 c 190 s 28.]

catchline: Loaded rifle or shotgun in vehicle—Unlawful use or possession—Unlawful use of a loaded firearm—Penalty.


title: RCW 77.15.470

text:
(1) A person is guilty of unlawfully avoiding wildlife check stations or field inspections if the person fails to:
(a) Obey check station signs;
(b) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer or if directed by an ex officio fish and wildlife officer participating in a department-authorized check station; or
(c) Produce for inspection upon request by a fish and wildlife officer or ex officio fish and wildlife officer: (i) Hunting or fishing equipment; (ii) seaweed, fish, shellfish, or wildlife; or (iii) licenses, permits, tags, stamps, or catch record cards required by this title.
(2) Unlawfully avoiding wildlife check stations or field inspections is a gross misdemeanor.
(3) Wildlife check stations may not be established upon interstate highways or state routes.
[ 2014 c 48 s 19; 2000 c 107 s 246; 1998 c 190 s 29.]

catchline: Wildlife check stations or field inspections—Unlawful avoidance—Penalty.


title: RCW 77.15.480

text:
Articles or devices unlawfully used, possessed, or maintained for taking, harassing, attracting, or decoying wildlife, fish, and shellfish are public nuisances. If necessary, fish and wildlife officers and ex officio fish and wildlife officers may seize, abate, or destroy these public nuisances without warrant or process.
[ 2014 c 48 s 20; 2001 c 253 s 42; 2000 c 107 s 247; 1980 c 78 s 27; 1955 c 36 s 77.12.130. Prior: 1947 c 275 s 23; Rem. Supp. 1947 s 5992-33. Formerly RCW 77.12.130.]
Notes:
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Certain devices declared public nuisances.


title: RCW 77.15.500

text:
(1) A person is guilty of commercial fishing without a license in the second degree if the person fishes for, takes, or delivers fish or shellfish while acting for commercial purposes and:
(a) The person does not hold a fishery license or delivery license under chapter 77.65 RCW for the fish or shellfish;
(b) The person is not a licensed operator designated as an alternate operator on a fishery or delivery license under chapter 77.65 RCW for the fish or shellfish; or
(c) The person does not hold a crewmember license when required under RCW 77.65.610.
(2) A person is guilty of commercial fishing without a license in the first degree if the person commits the act described by subsection (1) of this section and:
(a) The violation involves taking, delivery, or possession of fish or shellfish with a value of two hundred fifty dollars or more; or
(b) The violation involves taking, delivery, or possession of fish or shellfish from an area that was closed to the taking of the fish or shellfish by any statute or rule.
(3)(a) Commercial fishing without a license in the second degree is a gross misdemeanor.
(b) Commercial fishing without a license in the first degree is a class C felony.
[ 2017 3rd sp.s. c 8 s 10; 2000 c 107 s 248; 1998 c 190 s 35.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.

catchline: Commercial fishing without a license—Penalty.


title: RCW 77.15.510

text:
(1) A person is guilty of acting as a game fish guide, food fish guide, or chartering without a license if:
(a) The person operates a charter boat and does not hold the charter boat license required for the food fish taken;
(b) The person acts as a food fish guide and does not hold a food fish guide license; or
(c) The person acts as a game fish guide and does not hold a game fish guide license.
(2) Acting without a game fish guide license, food fish guide license, or charter license is a gross misdemeanor. Upon conviction, the department may deny applications submitted by the person for a game fish guide license, food fish guide license, or charter boat license for up to one year from the date of conviction.
[ 2015 c 97 s 1; 2009 c 333 s 10; 2001 c 253 s 43; 1998 c 190 s 36.]

catchline: Acting as a game fish guide, food fish guide, or chartering without a license—Penalty.


title: RCW 77.15.520

text:
(1) Except for actions involving shellfish gear punishable under RCW 77.15.522, a person is guilty of commercial fishing using unlawful gear or methods if the person acts for commercial purposes and takes or fishes for any fish or shellfish using any gear or method in violation of a rule of the commission specifying, regulating, or limiting the gear or method for taking, fishing, or harvesting of such fish or shellfish.
(2) Commercial fishing using unlawful gear or methods is a gross misdemeanor.
[ 2010 c 193 s 4; 1998 c 190 s 37.]

catchline: Commercial fishing—Unlawful gear or methods—Penalty.


title: RCW 77.15.522

text:
(1) A person is guilty of the unlawful use of shellfish gear for commercial purposes if the person:
(a) Takes, fishes for, or possesses crab, shrimp, or crawfish for commercial purposes with shellfish gear that is constructed or altered in a manner that violates any rule of the commission relating to required gear design specifications; or
(b) Is found in possession of, upon any vessel located on the waters of the state, shellfish gear that is constructed or altered in a manner that violates any rule of the commission relating to required gear design specifications, unless a person holds a valid crab pot removal permit under RCW 77.70.500 and is in the process of transporting removed crab pots as part of the Dungeness crab pot removal program.
(2) The unlawful use of shellfish gear for commercial purposes is a gross misdemeanor.
[ 2010 c 193 s 1.]

catchline: Unlawful use of shellfish gear for commercial purposes—Penalty.


title: RCW 77.15.530

text:
(1) A person who holds a fishery license required by chapter 77.65 RCW, or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 77.65 RCW, is guilty of unlawful use of a nondesignated vessel if the person takes, fishes for, or delivers from that fishery using a vessel not designated on the person's license, when vessel designation is required by chapter 77.65 RCW.
(2) Unlawful use of a nondesignated vessel is a gross misdemeanor.
(3) A nondesignated vessel may be used, subject to appropriate notification to the department and in accordance with rules established by the commission, when a designated vessel is inoperative because of accidental damage or mechanical breakdown.
(4) If the person commits the act described by subsection (1) of this section and the vessel designated on the person's fishery license was used by any person in the fishery on the same day, then the violation for using a nondesignated vessel is a class C felony. Upon conviction the department shall order revocation and suspension of all commercial fishing privileges under chapter 77.65 RCW for a period of one year.
[ 2000 c 107 s 249; 1998 c 190 s 38.]

catchline: Unlawful use of a nondesignated vessel—Penalty.


title: RCW 77.15.540

text:
(1) A person who holds a fishery license required by chapter 77.65 RCW, or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 77.65 RCW, is guilty of unlawful use of a commercial fishery license if the person:
(a) Does not have the commercial fishery license or operator's license in possession during fishing or delivery; or
(b) Violates any rule of the department regarding the use, possession, display, or presentation of the person's license, decals, or vessel numbers.
(2) Unlawful use of a commercial fishery license is a misdemeanor.
[ 2000 c 107 s 250; 1998 c 190 s 39.]

catchline: Unlawful use of a commercial fishery license—Penalty.


title: RCW 77.15.550

text:
(1) A person is guilty of violating commercial fishing area or time in the second degree if the person acts for commercial purposes and takes, fishes for, possesses, delivers, or receives fish or shellfish:
(a) At a time not authorized by statute or rule;
(b) From an area that was closed to the taking of such fish or shellfish for commercial purposes by statute or rule; or
(c) If such fish or shellfish do not conform to the special restrictions or physical descriptions established by rule of the department.
(2) A person is guilty of violating commercial fishing area or time in the first degree if the person commits the act described by subsection (1) of this section and:
(a) The person acted with knowledge that the area or time was not open to the taking or fishing of fish or shellfish for commercial purposes; and
(b) The violation involved two hundred fifty dollars or more worth of fish or shellfish.
(3)(a) Violating commercial fishing area or time in the second degree is a gross misdemeanor.
(b) Violating commercial fishing area or time in the first degree is a class C felony.
[ 2001 c 253 s 44; 1999 c 258 s 10; 1998 c 190 s 40.]

catchline: Violation of commercial fishing area or time—Penalty.


title: RCW 77.15.552

text:
(1) If a person is convicted of two or more qualifying commercial fishing violations within a three-year period, the person's privileges to participate in the commercial fishery to which the violations applied may be suspended by the director for up to one year. A commercial fishery license that is suspended under this section may not be transferred after the director issues a notice of suspension, or used by an alternative operator or transferred during the period of suspension, if the person who is the subject of the suspension notice is the person who owns the commercial fishery license.
(2) For the purposes of this section only, "qualifying commercial fishing violation" means either:
(a) A conviction under RCW 77.15.500, 77.15.510, 77.15.520, 77.15.530, 77.15.550(1)(a), 77.15.570, 77.15.580, or 77.15.590;
(b) A gross misdemeanor or felony involving commercial fish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold fish, other than shellfish, groundfish, or coastal pelagic species of baitfish totals greater than six percent, by weight, of the harvest available for inspection at the time of citation and the cumulative value of the unlawfully harvested fish is more than two hundred fifty dollars at the time of citation;
(c) A gross misdemeanor or felony involving commercial groundfish or coastal pelagic baitfish harvest, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued under this title, if: (i) The quantity of unlawfully harvested, possessed, bought, or sold groundfish or coastal pelagic baitfish totals greater than ten percent, by weight, of the harvest available for inspection at the time of citation and has a cumulative value greater than five hundred dollars; or (ii) the quantity, by weight, of the unlawfully commercially harvested groundfish or coastal pelagic baitfish is ten percent greater than the landing allowances provided under rules adopted by the department for species categorized as overfished by the national marine fisheries service; or
(d) A gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals greater than six percent of the harvest available for inspection at the time of citation; and (ii) totals fifty or more individual shellfish.
(3)(a) The director may refer a person convicted of one qualifying commercial fishing violation to the license suspension review committee if the director feels that the qualifying commercial fishing violation was of a severe enough magnitude to justify suspension of the individual's license renewal privileges.
(b) The director may refer any person convicted of one egregious shellfish violation to the license suspension review committee.
(c) For the purposes of this section only, "egregious shellfish violation" means a gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals more than twenty percent of the harvest available for inspection at the time of citation; (ii) totals five hundred or more individual shellfish; and (iii) is valued at two thousand five hundred dollars or more.
(4) A person who has a commercial fishing license suspended or revoked under this section may file an appeal with the license suspension review committee pursuant to RCW 77.15.554. An appeal must be filed within thirty-one days of notice of license suspension or revocation. If an appeal is filed, the suspension or revocation issued by the department does not take effect until after the license suspension review committee has delivered an opinion. If no appeal is filed within thirty-one days of notice of license suspension or revocation, the right to an appeal is considered waived. All suspensions ordered under this section take effect either thirty-one days following the conviction for the second qualifying commercial fishing violation, or upon a decision pursuant to RCW 77.15.554, whichever is later.
(5) A fishing privilege suspended under this section is in addition to the statutory penalties assigned to the underlying crime.
(6) For the purposes of this section only, the burden is on the state to show the dollar amount or the percent of a harvest that is comprised of unlawfully harvested, bought, or sold individual fish or shellfish.
[ 2003 c 386 s 3.]
Notes:
Findings—Intent—2003 c 386: See note following RCW 77.15.700.

catchline: Qualifying commercial fishing violations.


title: RCW 77.15.554

text:
(1) The license suspension review committee is created. The license suspension review committee may only hear appeals from commercial fishers who have had a license revoked or suspended pursuant to RCW 77.15.552.
(2)(a) The license suspension review committee is composed of five voting members and up to four alternates.
(b) Two of the members must be appointed by the director and may be department employees.
(c) Three members, and up to four alternates, must be peer-group members, who are individuals owning a commercial fishing license issued by the department. If a peer-group member appears before the license suspension review committee because of a qualifying commercial fishing violation, the member must recuse himself or herself from the proceedings relating to that violation. No two voting peer-group members may reside in the same county. All peer-group members must be appointed by the commission, who may accept recommendations from professional organizations that represent commercial fishing interests or from the legislative authority of any Washington county.
(d) All license suspension review committee members serve a two-year renewable term.
(e) The commission may develop minimum member standards for service on the license suspension review committee, and standards for terminating a member before the expiration of his or her term.
(3) The license suspension review committee must convene and deliver an opinion on a license renewal suspension within three months of appeal or of referral from the department. The director shall consider the committee's opinion and make a decision and may issue, not issue, or modify the license suspension.
(4) The license suspension review committee shall collect the information and hear the testimony that it feels necessary to deliver an opinion on the proper length, if any, of a suspension of a commercial license. The opinion may be based on extenuating circumstances presented by the individual convicted of the qualifying commercial fishing violation or considerations of the type and magnitude of violations that have been committed by the individual. The maximum length of any suspension may not exceed one year.
(5) All opinions of the license suspension review committee must be by a majority vote of all voting members. Alternate committee members may only vote when one of the voting members is unavailable, has been recused, or has decided not to vote on the case before the committee. Nonvoting alternates may be present and may participate at all license suspension review committee meetings.
(6) Members of the license suspension review committee serve as volunteers, and are not eligible for compensation other than travel expenses pursuant to RCW 43.03.050 and 43.03.060.
(7) Staff of the license suspension review committee must be provided by the department.
[ 2003 c 386 s 4.]
Notes:
Findings—Intent—2003 c 386: See note following RCW 77.15.700.

catchline: License suspension review committee.


title: RCW 77.15.565

text:
Since violation of the rules of the department relating to the accounting of the commercial harvest of fish and shellfish results in damage to the resources of the state, liability for damage to fish and shellfish resources is imposed on a wholesale fish buyer or a limited fish seller for violation of a provision in chapters 77.65 and 77.70 RCW or a rule of the department related to the accounting of the commercial harvest of fish and shellfish and shall be for the actual damages or for damages imposed as follows:
(1) For violation of rules requiring the timely presentation to the department of documents relating to the accounting of commercial harvest, fifty dollars for each of the first fifteen documents in a series and ten dollars for each subsequent document in the same series. If documents relating to the accounting of commercial harvest of fish and shellfish are lost or destroyed and the wholesale fish buyer or limited fish seller notifies the department in writing within seven days of the loss or destruction, the director shall waive the requirement for timely presentation of the documents.
(2) For violation of rules requiring accurate and legible information relating to species, value, harvest area, or amount of harvest, twenty-five dollars for each of the first five violations of this subsection per calendar year, and fifty dollars for each violation after the first five violations.
(3) For violations of rules requiring certain signatures, fifty dollars for each of the first two violations and one hundred dollars for each subsequent violation. For the purposes of this subsection, each signature is a separate requirement.
(4) For other violations of rules relating to the accounting of the commercial harvest, fifty dollars for each separate violation.
[ 2017 3rd sp.s. c 8 s 11; 2002 c 301 s 6; 2000 c 107 s 12; 1996 c 267 s 14; 1985 c 248 s 5. Formerly RCW 75.10.150.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Finding—Effective date—2002 c 301: See notes following RCW 77.65.510.
Intent—Effective date—1996 c 267: See notes following RCW 77.12.177.
Wholesale fish buyers and limited fish sellers—Documentation of commercial harvest: RCW 77.65.310.

catchline: Wholesale fish buyer a limited fish seller—Accounting of commercial harvest—Penalties.


title: RCW 77.15.568

text:
(1) A person is guilty of a secondary commercial fish receiver's failure to account for commercial harvest if:
(a) The person sells fish or shellfish at retail, stores, holds, or processes fish or shellfish in exchange for valuable consideration, or brokers or ships fish or shellfish in exchange for valuable consideration;
(b)(i) The fish or shellfish were required to be entered on a Washington fish-receiving ticket or a Washington aquatic farm production annual report; or
(ii) The fish or shellfish are classified as fish or shellfish by the department; and
(c) The person fails to maintain records of each receipt of fish or shellfish, as required under subsections (3) through (5) of this section, at:
(i) The location where the fish or shellfish are being sold or at the location where the fish or shellfish are being stored or held; or
(ii) The principal place of business of the shipper or broker if the fish or shellfish are not in possession.
(2) Wholesale fish buyers, limited fish sellers, and registered aquatic farmers are not required to comply with this section for fish or shellfish documented on fish tickets or aquatic farm production reports.
(3) Records of the receipt of fish or shellfish required to be kept under this section must be in the English language and be maintained for three years from the date fish or shellfish are received, shipped, or brokered.
(4) Records maintained by persons that retail or broker fish or shellfish, or that store, hold, or ship fish or shellfish for others must include the following:
(a) The name, address, and phone number of the person from whom the fish or shellfish were purchased or received;
(b) The date of purchase or receipt;
(c) The state or country of origin if received from interstate or foreign commerce; and
(d) The amount and species of fish or shellfish purchased or received.
(5) A secondary commercial fish receiver's failure to account for commercial harvest is a misdemeanor.
[ 2017 c 89 s 1; 2016 sp.s. c 21 s 1; 2009 c 333 s 19; 2007 c 337 s 4; 2003 c 336 s 1.]
Notes:
Intent—Finding—2007 c 337: See note following RCW 77.12.071.

catchline: Secondary commercial fish receiver's failure to account for commercial harvest—Penalty.


title: RCW 77.15.570

text:
(1) Except as provided in subsection (3) of this section, it is unlawful for a person who is not a treaty Indian fisher to participate in the taking of fish or shellfish in a treaty Indian fishery, or to be on board a vessel, or associated equipment, operating in a treaty Indian fishery. A violation of this subsection is a gross misdemeanor.
(2) A person who violates subsection (1) of this section with the intent of acting for commercial purposes, including any sale of catch, control of catch, profit from catch, or payment for fishing assistance, is guilty of a class C felony. Upon conviction, the department shall order revocation of any license and a one-year suspension of all commercial fishing privileges requiring a license under chapter 77.65 or 77.70 RCW.
(3)(a) The spouse, forebears, siblings, children, and grandchildren of a treaty Indian fisher may assist the fisher in exercising treaty Indian fishing rights when the treaty Indian fisher is present at the fishing site.
(b) Other treaty Indian fishers with off-reservation treaty fishing rights in the same usual and accustomed places, whether or not the fishers are members of the same tribe or another treaty tribe, may assist a treaty Indian fisher in exercising treaty Indian fishing rights when the treaty Indian fisher is present at the fishing site.
(c) Biologists approved by the department may be on board a vessel operating in a treaty Indian fishery.
(4) For the purposes of this section:
(a) "Treaty Indian fisher" means a person who may exercise treaty Indian fishing rights as determined under United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon 1969), and post-trial orders of those courts;
(b) "Treaty Indian fishery" means a fishery open to only treaty Indian fishers by tribal or federal regulation;
(c) "To participate" and its derivatives mean an effort to operate a vessel or fishing equipment, provide immediate supervision in the operation of a vessel or fishing equipment, or otherwise assist in the fishing operation, to claim possession of a share of the catch, or to represent that the catch was lawfully taken in an Indian fishery.
(5) A violation of this section constitutes illegal fishing and is subject to the suspensions provided for commercial fishing violations.
[ 2013 c 23 s 242; 2000 c 107 s 251; 1998 c 190 s 49; 1983 1st ex.s. c 46 s 63; 1982 c 197 s 1. Formerly RCW 75.12.320.]

catchline: Participation of non-Indians in Indian fishery forbidden—Exceptions, definitions, penalty.


title: RCW 77.15.580

text:
(1) A person is guilty of unlawful use of a net to take fish in the second degree if the person:
(a) Lays, sets, uses, or controls a net or other device or equipment capable of taking fish from the waters of this state, except if the person has a valid license for such fishing gear from the director under this title and is acting in accordance with all rules of the commission and director; or
(b) Fails to return unauthorized fish to the water immediately while otherwise lawfully operating a net under a valid license.
(2) A person is guilty of unlawful use of a net to take fish in the first degree if the person:
(a) Commits the act described by subsection (1) of this section; and
(b) The violation occurs within five years of entry of a prior conviction for a gross misdemeanor or felony under this title involving fish, other than a recreational fishing violation, or involving unlawful use of nets.
(3)(a) Unlawful use of a net to take fish in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any license held under this title allowing commercial net fishing used in connection with the crime.
(b) Unlawful use of a net to take fish in the first degree is a class C felony. Upon conviction, the department shall order a one-year suspension of all commercial fishing privileges requiring a license under this title.
(4) Notwithstanding subsections (1) and (2) of this section, it is lawful to use a landing net to land fish otherwise legally hooked.
[ 2000 c 107 s 252; 1998 c 190 s 50.]

catchline: Unlawful use of net to take fish—Penalty.


title: RCW 77.15.590

text:
(1) A person is guilty of unlawful use of a commercial fishing vessel, except as may be authorized by rule of the commission, for recreational or charter fishing if the person uses, operates, or controls a vessel on the same day for both:
(a) Charter or recreational fishing; and
(b) Commercial fishing or shellfish harvesting.
(2) Unlawful use of a commercial fishing vessel for recreational or charter fishing is a gross misdemeanor.
[ 1998 c 190 s 51.]

catchline: Commercial fishing vessel—Unlawful use for recreational or charter fishing—Penalty.


title: RCW 77.15.600

text:
(1) A person is guilty of engaging in commercial wildlife activity without a license if the person:
(a) Deals in raw furs for commercial purposes and does not hold a fur dealer license required by chapter 77.65 RCW; or
(b) Practices taxidermy for commercial purposes and does not hold a taxidermy license required by chapter 77.65 RCW.
(2) Engaging in commercial wildlife activities without a license is a gross misdemeanor.
[ 2001 c 253 s 45; 1999 c 258 s 8; 1998 c 190 s 32.]

catchline: Engaging in commercial wildlife activity without a license—Penalty.


title: RCW 77.15.610

text:
(1) A person who holds a fur dealer's license or taxidermy license is guilty of unlawful use of a commercial wildlife license if the person fails to purchase and have in the person's possession the required license while engaged in fur buying or practicing taxidermy for commercial purposes.
(2) Unlawful use of a commercial wildlife license is a misdemeanor.
[ 2012 c 176 s 29; 2009 c 333 s 5; 1998 c 190 s 33.]

catchline: Unlawful use of a commercial wildlife license—Penalty.


title: RCW 77.15.620

text:
(1) A person is guilty of engaging in fish dealing activity without a license in the second degree if the activity involves fish or shellfish worth less than two hundred fifty dollars and the person:
(a) Engages in any fish dealing activity requiring a fish dealer license under RCW 77.65.280 without first obtaining the license;
(b) Engages in any fish buying or selling activity requiring a wholesale fish buyer endorsement under RCW 77.65.340 without first obtaining the endorsement; or
(c) Engages in any fish selling activity as a fisher that requires a limited fish seller endorsement under RCW 77.65.510 without first obtaining the endorsement.
(2) A person is guilty of engaging in fish dealing activity without a license in the first degree if the person commits the act described by subsection (1) of this section and the violation involves fish or shellfish worth two hundred fifty dollars or more.
(3)(a) Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor.
(b) Engaging in fish dealing activity without a license in the first degree is a class C felony.
[ 2017 3rd sp.s. c 8 s 12; 2012 c 176 s 30; 2009 c 333 s 20; 2002 c 301 s 7; 2000 c 107 s 253; 1998 c 190 s 43.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Finding—Effective date—2002 c 301: See notes following RCW 77.65.510.

catchline: Engaging in fish dealing activity without a license—Penalty.


title: RCW 77.15.630

text:
(1) A person licensed as a commercial fisher, wholesale fish buyer, or limited fish seller, or a person not so licensed but acting in such a capacity, is guilty of unlawful fish and shellfish catch accounting in the second degree if he or she receives or delivers for commercial purposes fish or shellfish worth less than two hundred fifty dollars; and
(a) Fails to document such fish or shellfish with a fish-receiving ticket or other documentation required by statute or department rule;
(b) Fails to sign the fish-receiving ticket or other required documentation, fails to provide all of the information required by statute or department rule on the fish-receiving ticket or other documentation, or both; or
(c) Fails to submit the fish-receiving ticket to the department as required by statute or department rule.
(2) A person is guilty of unlawful fish and shellfish catch accounting in the first degree if the person commits an act described by subsection (1) of this section and:
(a) The violation involves fish or shellfish worth two hundred fifty dollars or more;
(b) The person acted with knowledge that the fish or shellfish were taken from a closed area, at a closed time, or by a person not licensed to take such fish or shellfish for commercial purposes; or
(c) The person acted with knowledge that the fish or shellfish were taken in violation of any tribal law.
(3)(a) Unlawful fish and shellfish catch accounting in the second degree is a gross misdemeanor.
(b) Unlawful fish and shellfish catch accounting in the first degree is a class C felony. Upon conviction, the department shall suspend all privileges to engage in wholesale fish buying or dealing for two years.
(4) For the purposes of this section:
(a) A person "receives" fish or shellfish when title or control of the fish or shellfish is transferred or conveyed to the person.
(b) A person "delivers" fish or shellfish when title or control of the fish or shellfish is transferred or conveyed from the person.
[ 2017 3rd sp.s. c 8 s 13; 2014 c 48 s 21; 2012 c 176 s 31; 2000 c 107 s 254; 1998 c 190 s 44.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.

catchline: Unlawful fish and shellfish catch accounting—Penalty.


title: RCW 77.15.640

text:
(1) A person who holds a fish dealer license required by RCW 77.65.280, a wholesale fish buyer endorsement required by RCW 77.65.340, or a limited fish seller endorsement under RCW 77.65.510 is guilty of unlawful wholesale fish buying and dealing if the person:
(a) Fails to possess or display his or her license when engaged in any act requiring the license; or
(b) Fails to display or uses the license in violation of any department rule.
(2) Unlawful wholesale fish buying and dealing is a gross misdemeanor.
[ 2017 3rd sp.s. c 8 s 14; 2012 c 176 s 32; 2002 c 301 s 8; 2000 c 107 s 255; 1998 c 190 s 45.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Finding—Effective date—2002 c 301: See notes following RCW 77.65.510.

catchline: Unlawful wholesale fish buying and dealing—Penalty.


title: RCW 77.15.650

text:
(1) A person is guilty of unlawful purchase or use of a license in the second degree if the person buys, holds, uses, displays, transfers, or obtains any license, tag, permit, or approval required by this title and the person:
(a) Uses false information to buy, hold, use, display, or obtain a license, permit, tag, or approval;
(b) Acquires, holds, or buys in excess of one license, permit, or tag for a license year if only one license, permit, or tag is allowed per license year;
(c) Except as authorized under RCW 77.32.565, uses or displays a license, permit, tag, or approval that was issued to another person;
(d) Except as authorized under RCW 77.32.565, permits or allows a license, permit, tag, or approval to be used or displayed by another person not named on the license, permit, tag, or approval;
(e) Acquires or holds a license while privileges for the license are revoked or suspended;
(f) Holds a resident license from another state or country. This subsection (1)(f) only applies if the Washington license, tag, permit, or approval that the person buys, holds, uses, displays, transfers, or obtains is a resident license. It is prima facie evidence of a violation of this section if any person who has a resident license from another state or country purchases a resident license, tag, permit, or approval in Washington. This subsection does not apply to individuals who meet the definition of "resident" in RCW 77.08.075 (2), (3), and (4).
(2) A person is guilty of unlawful purchase or use of a license in the first degree if the person commits the act described by subsection (1) of this section and the person was acting with intent that the license, permit, tag, or approval be used for any commercial purpose. A person is presumed to be acting with such intent if the violation involved obtaining, holding, displaying, or using a license or permit for participation in any commercial fishery issued under this title or a license authorizing fish or wildlife buying, trafficking, or wholesaling.
(3)(a) Unlawful purchase or use of a license in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a two-year suspension of participation in the activities for which the person unlawfully obtained, held, or used a license, permit, tag, or approval.
(b) Unlawful purchase or use of a license in the first degree is a class C felony. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a five-year suspension of participation in any activities for which the person unlawfully obtained, held, or used a license, permit, tag, or approval.
(4) For purposes of this section, a person "uses" a license, permit, tag, or approval if the person engages in any activity authorized by the license, permit, tag, or approval held or possessed by the person. Such uses include but are not limited to fishing, hunting, taking, trapping, delivery or landing fish or wildlife, and selling, buying, or wholesaling of fish or wildlife.
(5) Any license obtained in violation of this section is void upon issuance and is of no legal effect.
[ 2012 c 176 s 33; 2008 c 10 s 2; 2000 c 107 s 256; 1998 c 190 s 59.]
Notes:
Short title—2008 c 10: See note following RCW 77.32.565.

catchline: Unlawful purchase or use of a license—Penalty.


title: RCW 77.15.660

text:
(1) A person is guilty of unlawful use of a scientific permit if the permit issued by the director is for big game or big game parts, and the person:
(a) Violates any terms or conditions of the scientific permit;
(b) Buys or sells big game or big game parts that were taken or acquired with a scientific permit; or
(c) Violates any department rule applicable to the issuance or use of scientific permits.
(2) Unlawful use of a scientific permit is a gross misdemeanor.
[ 2012 c 176 s 34; 1998 c 190 s 55.]

catchline: Unlawful use of scientific permit—Penalty.


title: RCW 77.15.670

text:
(1) A person is guilty of violating a suspension of department privileges in the second degree if the person engages in any activity that is licensed by the department and the person's privileges to engage in that activity were revoked or suspended by any court or the department.
(2) A person is guilty of violating a suspension of department privileges in the first degree if the person commits the act described by subsection (1) of this section and:
(a) The suspension of privileges that was violated was a permanent suspension;
(b) The person takes or possesses more than two hundred fifty dollars' worth of unlawfully taken food fish, wildlife, game fish, seaweed, or shellfish; or
(c) The violation involves the hunting, taking, or possession of fish or wildlife classified as endangered or threatened or big game.
(3)(a) Violating a suspension of department privileges in the second degree is a gross misdemeanor. Except for violations of child support-based suspensions, which are covered in (c) of this subsection, a conviction under this subsection requires the department to order a permanent suspension of the person's privileges to engage in the hunting or fishing activities that he or she was engaged in when he or she violated a suspension of department privileges in the second degree.
(b) Violating a suspension of department privileges in the first degree is a class C felony. Except for violations of child support-based suspensions, which are covered in (c) of this subsection, a conviction under this subsection requires the department to order a permanent suspension of all of the person's privileges to hunt, fish, trap, or take wildlife, food fish, game fish, or shellfish.
(c) Suspension periods for violations of child support-based suspensions are as follows:
(i) If the suspension that the person violated in the second degree was based on noncompliance with child support and was ordered under RCW 74.20A.322 or 77.32.014, then the department must order a suspension of all of the person's privileges to hunt, fish, trap, or take wildlife, food fish, game fish, or shellfish for a period of two years. This suspension is in addition to any suspension required by the statute for the underlying fish or wildlife violation.
(ii) If the suspension that the person violated in the first degree was based on noncompliance with child support and was ordered under RCW 74.20A.322 or 77.32.014, then the department must order a suspension of all of the person's privileges to hunt, fish, trap, or take wildlife, food fish, game fish, or shellfish for a period of four years. This suspension is in addition to any suspension required by the statute for the underlying fish or wildlife violation.
(iii) Suspensions pursuant to (c)(i) and (ii) of this subsection do not affect any underlying hunting and fishing privilege suspensions based on noncompliance with child support and ordered under RCW 74.20A.322 or 77.32.014. If a person who is suspended pursuant to (c)(i) and (ii) of this subsection completes the period of suspension ordered under this section but is still suspended for child support noncompliance, the person is prohibited from hunting, fishing, or engaging in any activity regulated by the department until he or she obtains a release from the department of social and health services and provides a copy of the release to the department.
(4) As used in this section, hunting includes trapping with a trapping license.
[ 2013 c 102 s 1; 1999 c 258 s 11; 1998 c 190 s 60.]

catchline: Suspension of department privileges—Violation—Penalty—Violations of child support-based suspensions.


title: RCW 77.15.675

text:
(1) A person is guilty of hunting while under the influence of intoxicating liquor or drugs if the person hunts wild animals or wild birds while under the influence of intoxicating liquor or drugs.
(2) Hunting while under the influence of intoxicating liquor or drugs is a gross misdemeanor.
[ 1999 c 258 s 12; 1980 c 78 s 75; 1955 c 36 s 77.16.070. Prior: 1947 c 275 s 45a; Rem. Supp. 1947 s 5992-55. Formerly RCW 77.16.070.]
Notes:
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Hunting while intoxicated—Penalty.


title: RCW 77.15.680

text:
(1) If any crime in this chapter is punishable by a suspension of privileges, then the department shall issue an order that specifies the privileges suspended and period when such suspension shall begin and end. The department has no authority to issue licenses, permits, tags, or stamps for the suspended activity until the suspension ends and any license, tag, stamp, or other permission obtained in violation of an order of suspension is void and ineffective.
(2) A court sentence may include a suspension of privileges only if grounds are provided by statute. There is no right to seek reinstatement of privileges from the department during a period of court-ordered suspension.
(3) If this chapter makes revocation or suspension of privileges mandatory, then the department shall impose the punishment in addition to any other punishments authorized by law.
[ 1998 c 190 s 65.]

catchline: Department authority to suspend privileges—Form and procedure.


title: RCW 77.15.690

text:
(1) Upon any conviction of any violation of this chapter, the department may revoke any license, tag, or stamp, or other permit involved in the violation or held by the person convicted, in addition to other penalties provided by law.
(2) If the department orders that a license, tag, stamp, or other permit be revoked, that order is effective upon entry of the order and any such revoked license, tag, stamp, or other permit is void as a result of such order of revocation. The department shall order such license, tag, stamp, or other permit turned over to the department, and shall order the person not to acquire a replacement or duplicate for the remainder of the period for which the revoked license, tag, stamp, or other permit would have been valid. During this period when a license is revoked, the person is subject to punishment under this chapter. If the person appeals the sentence by the court, the revocation shall be effective during the appeal.
(3) If an existing license, tag, stamp, or other permit is voided and revoked under this chapter, the department and its agents shall not be required to refund or restore any fees, costs, or money paid for the license, nor shall any person have any right to bring a collateral appeal under chapter 34.05 RCW to attack the department order.
[ 1998 c 190 s 64.]

catchline: Department authority to revoke licenses.


title: RCW 77.15.700

text:
(1) The department shall revoke a person's recreational license or licenses and suspend a person's recreational license privileges in the following circumstances:
(a) Upon conviction, if directed by statute for an offense.
(b) Upon conviction, failure to appear at a hearing to contest an infraction or criminal charge, or an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, if the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. Suspension of privileges under this subsection is permanent.
(c) If a person is convicted, fails to appear at a hearing to contest an infraction or criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, twice within ten years for a violation involving unlawful hunting, killing, or possessing big game. Revocation and suspension under this subsection must be ordered for all hunting privileges for at least two years and up to ten years.
(d) If a person violates, three times or more in a ten-year period, recreational hunting or fishing laws or rules for which the person: (i) Is convicted of an offense; (ii) has an unvacated payment of a fine or a finding of committed as a final disposition for any infraction; or (iii) fails to appear at a hearing to contest an infraction or a criminal citation. Revocation and suspension under this subsection must be ordered of all recreational hunting and fishing privileges for at least two years and up to ten years.
(2)(a) A violation punishable as an infraction counts towards the revocation and suspension of recreational hunting and fishing privileges under this section if that violation is:
(i) Punishable as a crime on July 24, 2005, and is subsequently decriminalized; or
(ii) One of the following violations, as they exist on July 24, 2005: RCW 77.15.160; WAC 220-56-116; WAC 220-56-315(11); or WAC 220-56-355 (1) through (4).
(b) The commission may, by rule, designate infractions that do not count towards the revocation and suspension of recreational hunting and fishing privileges.
(3) If either the deferred education licensee or the required nondeferred accompanying person, hunting under the authority of RCW 77.32.155(2), is convicted of a violation of this title, fails to appear at a hearing to contest a fish and wildlife infraction or a criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any fish and wildlife infraction, except for a violation of RCW 77.15.400 (1) through (4), the department may revoke all hunting licenses and tags and may order a suspension of either or both the deferred education licensee's and the nondeferred accompanying person's hunting privileges for one year.
(4) A person who has a recreational license revoked and privileges suspended under this section may file an appeal with the department pursuant to chapter 34.05 RCW. An appeal must be filed within twenty days of notice of license revocation and privilege suspension. If an appeal is filed, the revocation and suspension issued by the department do not take effect until twenty-one days after the department has delivered an opinion. If no appeal is filed within twenty days of notice of license revocation and suspension, the right to an appeal is waived, and the revocation and suspension take effect twenty-one days following the notice of revocation and suspension.
(5) A recreational license revoked and privilege suspended under this section is in addition to the statutory penalties assigned to the underlying violation.
[ 2020 c 38 s 4; 2012 c 176 s 35; 2009 c 333 s 2; 2007 c 163 s 2; 2005 c 321 s 1; 2003 c 386 s 2; 2001 c 253 s 46; 1998 c 190 s 66.]
Notes:
Findings—Intent—2003 c 386: "(1)(a) The legislature finds that existing law as it relates to the suspension of commercial fishing licenses does not take into account the real-life circumstances faced by the state's commercial fishing fleets. The nature of the commercial fishing industry, together with the complexity of fisheries regulations, is such that honest mistakes can be made by well-meaning and otherwise law-abiding fishers. Commercial fishing violations that occur within an acceptable margin of error should not result in the suspension of fishing privileges. Likewise, fishers facing the possibility of license suspension or revocation deserve the opportunity to explain any extenuating circumstances prior to having his or her professional privileges suspended.
(b) The legislature intends, by creating the license suspension review committee, to provide a fisher with the opportunity to explain any extenuating circumstances that led to a commercial fishing violation. The legislature intends for the license suspension review committee to give serious considerations to the case-specific facts and scenarios leading up to a violation, and for license suspensions to issue only when the facts indicate a willful act that undermines the conservation of fish stocks. Frivolous violations should not result in the suspension of privileges, and should be punished only by the criminal sanctions attached to the underlying crime.
(2)(a) The legislature further finds that gross abuses of fish stocks should not be tolerated. Individuals convicted of even one violation that is egregious in nature, causing serious detriment to a fishery or the competitive disposition of other fishers, should have his or her license suspended and revoked.
(b) The legislature intends for the license suspension review committee to take egregious fisheries' violations seriously. When dealing with individuals convicted of only one violation, the license suspension review committee should only consider suspension for individuals that are convicted of violations that are of a severe magnitude and show a wanton disregard for the public's resource." [ 2003 c 386 s 1.]

catchline: Grounds for department revocation and suspension of recreational license—Appeal.


title: RCW 77.15.710

text:
(1) The commission shall revoke all hunting, fishing, or other licenses issued under this title and order a ten-year suspension of all privileges extended under the authority of the department of a person convicted of assault on a fish and wildlife officer, ex officio officer, employee, agent, or personnel acting for the department, if the employee assaulted was on duty at the time of the assault and carrying out the provisions of this title. The suspension shall be continued beyond this period if any damages to the victim have not been paid by the suspended person.
(2) For the purposes of this section, the definition of assault includes:
(a) RCW 9A.32.030; murder in the first degree;
(b) RCW 9A.32.050; murder in the second degree;
(c) RCW 9A.32.060; manslaughter in the first degree;
(d) RCW 9A.32.070; manslaughter in the second degree;
(e) RCW 9A.36.011; assault in the first degree;
(f) RCW 9A.36.021; assault in the second degree; and
(g) RCW 9A.36.031; assault in the third degree.
[ 2000 c 107 s 257; 1998 c 190 s 67; 1995 1st sp.s. c 2 s 43 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 s 74; 1991 c 211 s 1. Formerly RCW 77.16.135.]
Notes:
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.

catchline: Conviction for assault—Revocation of licenses and suspension of privileges.