Fish & wildlife enforcement

AN ACT Relating to expanding enforcement options for certain fish 1
and wildlife violations; amending RCW 77.08.010, 77.15.160, 2
77.15.260, 77.15.290, 77.15.410, and 77.15.460; and prescribing 3
penalties. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 77.08.010 and 2017 3rd sp.s. c 8 s 2 are each 6
amended to read as follows: 7
The definitions in this section apply throughout this title or 8
rules adopted under this title unless the context clearly requires 9
otherwise. 10
(1) "Angling gear" means a line attached to a rod and reel 11
capable of being held in hand while landing the fish or a handheld 12
line operated without rod or reel. 13
(2) "Bag limit" means the maximum number of game animals, game 14
birds, or game fish which may be taken, caught, killed, or possessed 15
by a person, as specified by rule of the commission for a particular 16
period of time, or as to size, sex, or species. 17
(3) "Building" means a private domicile, garage, barn, or public 18
or commercial building. 19
(4) "Closed area" means a place where the hunting of some or all 20
species of wild animals or wild birds is prohibited.21
Z-0021.5
HOUSE BILL 1325
State of Washington 69th Legislature 2025 Regular Session
By Representatives Goodman and Scott; by request of Department of
Fish and Wildlife
Read first time 01/16/25. Referred to Committee on Agriculture &
Natural Resources.
p. 1 HB 1325
(5) "Closed season" means all times, manners of taking, and 1
places or waters other than those established by rule of the 2
commission as an open season. "Closed season" also means all hunting, 3
fishing, taking, or possession of game animals, game birds, game 4
fish, food fish, or shellfish that do not conform to the special 5
restrictions or physical descriptions established by rule of the 6
commission as an open season or that have not otherwise been deemed 7
legal to hunt, fish, take, harvest, or possess by rule of the 8
commission as an open season. 9
(6) "Closed waters" means all or part of a lake, river, stream, 10
or other body of water, where fishing or harvesting is prohibited.11
(7) "Commercial" means related to or connected with buying, 12
selling, or bartering. 13
(8) "Commission" means the state fish and wildlife commission.14
(9) "Concurrent waters of the Columbia river" means those waters 15
of the Columbia river that coincide with the Washington-Oregon state 16
boundary. 17
(10) "Contraband" means any property that is unlawful to produce 18
or possess. 19
(11) "Covered animal species" means any species of elephant, 20
rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, 21
shark, or ray either: (a) Listed in appendix I or appendix II of the 22
convention on international trade in endangered species of wild flora 23
and fauna; or (b) listed as critically endangered, endangered, or 24
vulnerable on the international union for conservation of nature and 25
natural resources red list of threatened species. 26
(12) "Covered animal species part or product" means any item that 27
contains, or is wholly or partially made from, any covered animal 28
species. 29
(13) "Deleterious exotic wildlife" means species of the animal 30
kingdom not native to Washington and designated as dangerous to the 31
environment or wildlife of the state. 32
(14) "Department" means the department of fish and wildlife.33
(15) "Director" means the director of fish and wildlife.34
(16) "Distribute" or "distribution" means either a change in 35
possession for consideration or a change in legal ownership.36
(17) "Endangered species" means wildlife designated by the 37
commission as seriously threatened with extinction.38
(18) "Ex officio fish and wildlife officer" means:39
p. 2 HB 1325
(a) A commissioned officer of a municipal, county, or state 1
agency having as its primary function the enforcement of criminal 2
laws in general, while the officer is acting in the respective 3
jurisdiction of that agency; 4
(b) An officer or special agent commissioned by one of the 5
following: The national marine fisheries service; the Washington 6
state parks and recreation commission; the United States fish and 7
wildlife service; the Washington state department of natural 8
resources; the United States forest service; or the United States 9
parks service, if the agent or officer is in the respective 10
jurisdiction of the primary commissioning agency and is acting under 11
a mutual law enforcement assistance agreement between the department 12
and the primary commissioning agency; 13
(c) A commissioned fish and wildlife peace officer from another 14
state who meets the training standards set by the Washington state 15
criminal justice training commission pursuant to RCW 10.93.090, 16
43.101.080, and 43.101.200, and who is acting under a mutual law 17
enforcement assistance agreement between the department and the 18
primary commissioning agency; or 19
(d) A Washington state tribal police officer who successfully 20
completes the requirements set forth under RCW 43.101.157, is 21
employed by a tribal nation that has complied with RCW 10.92.020(2) 22
(a) and (b), and is acting under a mutual law enforcement assistance 23
agreement between the department and the tribal government.24
(19) "Fish" includes all species classified as game fish or food 25
fish by statute or rule, as well as all finfish not currently 26
classified as food fish or game fish if such species exist in state 27
waters. The term "fish" includes all stages of development and the 28
bodily parts of fish species. 29
(20) "To fish" and its derivatives means an effort to kill, 30
injure, harass, harvest, or capture a fish or shellfish.31
(21) "Fish and wildlife officer" means a person appointed and 32
commissioned by the director, with authority to enforce this title 33
and rules adopted pursuant to this title, and other statutes as 34
prescribed by the legislature. Fish and wildlife officer includes a 35
person commissioned before June 11, 1998, as a wildlife agent or a 36
fisheries patrol officer. 37
(22) "Fish broker" means a person who facilitates the sale or 38
purchase of raw or frozen fish or shellfish on a fee or commission 39
basis, without assuming title to the fish or shellfish.40
p. 3 HB 1325
(23) "Fish dealer" means a person who engages in any activity 1
that triggers the need to obtain a fish dealer license under RCW 2
77.65.280. 3
(24) "Fishery" means the taking of one or more particular species 4
of fish or shellfish with particular gear in a particular 5
geographical area. 6
(25) "Food, food waste, or other substance" includes human and 7
pet food or other waste or garbage that could attract large wild 8
carnivores. 9
(26) "Fresh water" means all waters not defined as salt water 10
including, but not limited to, rivers upstream of the river mouth, 11
lakes, ponds, and reservoirs. 12
(27) "Fur-bearing animals" means game animals that shall not be 13
trapped except as authorized by the commission. 14
(28) "Fur dealer" means a person who purchases, receives, or 15
resells raw furs for commercial purposes. 16
(29) "Game animals" means wild animals that shall not be hunted 17
except as authorized by the commission. 18
(30) "Game birds" means wild birds that shall not be hunted 19
except as authorized by the commission. 20
(31) "Game farm" means property on which wildlife is held, 21
confined, propagated, hatched, fed, or otherwise raised for 22
commercial purposes, trade, or gift. The term "game farm" does not 23
include publicly owned facilities. 24
(32) "Game reserve" means a closed area where hunting for all 25
wild animals and wild birds is prohibited. 26
(33) "To hunt" and its derivatives means an effort to kill, 27
injure, harass, harvest, or capture a wild animal or wild bird.28
(34) "Illegal items" means those items unlawful to be possessed.29
(35)(a) "Intentionally feed, attempt to feed, or attract" means 30
to purposefully or knowingly provide, leave, or place in, on, or 31
about any land or building any food, food waste, or other substance 32
that attracts or could attract large wild carnivores to that land or 33
building. 34
(b) "Intentionally feed, attempt to feed, or attract" does not 35
include keeping food, food waste, or other substance in an enclosed 36
garbage receptacle or other enclosed container unless specifically 37
directed by a fish and wildlife officer or animal control authority 38
to secure the receptacle or container in another manner.39
(36) "Large wild carnivore" includes wild bear, cougar, and wolf.40
p. 4 HB 1325
(37) "License year" means the period of time for which a 1
recreational license is valid. The license year begins April 1st, and 2
ends March 31st. 3
(38) "Limited-entry license" means a license subject to a license 4
limitation program established in chapter 77.70 RCW.5
(39) "Limited fish seller" means a licensed commercial fisher who 6
sells his or her fish or shellfish to anyone other than a wholesale 7
fish buyer thereby triggering the need to obtain a limited fish 8
seller endorsement under RCW 77.65.510. 9
(40) "Money" means all currency, script, personal checks, money 10
orders, or other negotiable instruments. 11
(41) "Natural person" means a human being. 12
(42)(a) "Negligently feed, attempt to feed, or attract" means to 13
provide, leave, or place in, on, or about any land or building any 14
food, food waste, or other substance that attracts or could attract 15
large wild carnivores to that land or building, without the awareness 16
that a reasonable person in the same situation would have with regard 17
to the likelihood that the food, food waste, or other substance could 18
attract large wild carnivores to the land or building.19
(b) "Negligently feed, attempt to feed, or attract" does not 20
include keeping food, food waste, or other substance in an enclosed 21
garbage receptacle or other enclosed container unless specifically 22
directed by a fish and wildlife officer or animal control authority 23
to secure the receptacle or container in another manner.24
(43) "Nonresident" means a person who has not fulfilled the 25
qualifications of a resident. 26
(44) "Offshore waters" means marine waters of the Pacific Ocean 27
outside the territorial boundaries of the state, including the marine 28
waters of other states and countries. 29
(45) "Open season" means those times, manners of taking, and 30
places or waters established by rule of the commission for the lawful 31
hunting, fishing, taking, or possession of game animals, game birds, 32
game fish, food fish, or shellfish that conform to the special 33
restrictions or physical descriptions established by rule of the 34
commission or that have otherwise been deemed legal to hunt, fish, 35
take, or possess by rule of the commission. "Open season" includes 36
the first and last days of the established time. 37
(46) "Owner" means the person in whom is vested the ownership 38
dominion, or title of the property. 39
p. 5 HB 1325
(47) "Person" means and includes an individual; a corporation; a 1
public or private entity or organization; a local, state, or federal 2
agency; all business organizations, including corporations and 3
partnerships; or a group of two or more individuals acting with a 4
common purpose whether acting in an individual, representative, or 5
official capacity. 6
(48) "Personal property" or "property" includes both corporeal 7
and incorporeal personal property and includes, among other property, 8
contraband and money. 9
(49) "Personal use" means for the private use of the individual 10
taking the fish or shellfish and not for sale or barter.11
(50) "Predatory birds" means wild birds that may be hunted 12
throughout the year as authorized by the commission.13
(51) "To process" and its derivatives mean preparing or 14
preserving fish, wildlife, or shellfish. 15
(52) "Protected wildlife" means wildlife designated by the 16
commission that shall not be hunted or fished. 17
(53) "Raffle" means an activity in which tickets bearing an 18
individual number are sold for not more than twenty-five dollars each 19
and in which a permit or permits are awarded to hunt or for access to 20
hunt big game animals or wild turkeys on the basis of a drawing from 21
the tickets by the person or persons conducting the raffle.22
(54) "Resident" has the same meaning as defined in RCW 77.08.075.23
(55) "Salt water" means those marine waters seaward of river 24
mouths. 25
(56) "Seaweed" means marine aquatic plant species that are 26
dependent upon the marine aquatic or tidal environment, and exist in 27
either an attached or free floating form, and includes but is not 28
limited to marine aquatic plants in the classes Chlorophyta, 29
Phaeophyta, and Rhodophyta. 30
(57) "Senior" means a person seventy years old or older.31
(58) "Shark fin" means a raw, dried, or otherwise processed 32
detached fin or tail of a shark. 33
(59)(a) "Shark fin derivative product" means any product intended 34
for use by humans or animals that is derived in whole or in part from 35
shark fins or shark fin cartilage. 36
(b) "Shark fin derivative product" does not include a drug 37
approved by the United States food and drug administration and 38
available by prescription only or medical device or vaccine approved 39
by the United States food and drug administration.40
p. 6 HB 1325
(60) "Shellfish" means those species of marine and freshwater 1
invertebrates that have been classified and that shall not be taken 2
or possessed except as authorized by rule of the commission. The term 3
"shellfish" includes all stages of development and the bodily parts 4
of shellfish species. 5
(61) "State waters" means all marine waters and fresh waters 6
within ordinary high water lines and within the territorial 7
boundaries of the state. 8
(62) "To take" and its derivatives means to kill, injure, 9
harvest, or capture a fish, shellfish, wild animal, bird, or seaweed.10
(63) "Taxidermist" means a person who, for commercial purposes, 11
creates lifelike representations of fish and wildlife using fish and 12
wildlife parts and various supporting structures. 13
(64) "Trafficking" means offering, attempting to engage, or 14
engaging in sale, barter, or purchase of fish, shellfish, wildlife, 15
or deleterious exotic wildlife. 16
(65) "To trap" and its derivatives means a method of hunting 17
using devices to capture wild animals or wild birds.18
(66) "Unclaimed" means that no owner of the property has been 19
identified or has requested, in writing, the release of the property 20
to themselves nor has the owner of the property designated an 21
individual to receive the property or paid the required postage to 22
effect delivery of the property. 23
(67) "Unclassified wildlife" means wildlife existing in 24
Washington in a wild state that have not been classified as big game, 25
game animals, game birds, predatory birds, protected wildlife, 26
endangered wildlife, or deleterious exotic wildlife.27
(68) "To waste" or "to be wasted" means to allow any edible 28
portion of any game bird, food fish, game fish, shellfish, or big 29
game animal other than cougar to be rendered unfit for human 30
consumption, or to fail to retrieve edible portions of such a game 31
bird, food fish, game fish, shellfish, or big game animal other than 32
cougar from the field. For purposes of this chapter, edible portions 33
of game birds must include, at a minimum, the breast meat of those 34
birds. Entrails, including the heart and liver, of any wildlife 35
species are not considered edible. 36
(69) "Wholesale fish buyer" means a person who engages in any 37
fish buying or selling activity that triggers the need to obtain a 38
wholesale fish buyer endorsement under RCW 77.65.340.39
p. 7 HB 1325
(70) "Wild animals" means those species of the class Mammalia 1
whose members exist in Washington in a wild state. The term "wild 2
animal" does not include feral domestic mammals or old world rats and 3
mice of the family Muridae of the order Rodentia. 4
(71) "Wild birds" means those species of the class Aves whose 5
members exist in Washington in a wild state. 6
(72) "Wildlife" means all species of the animal kingdom whose 7
members exist in Washington in a wild state. This includes but is not 8
limited to mammals, birds, reptiles, amphibians, fish, and 9
invertebrates. The term "wildlife" does not include feral domestic 10
mammals, old world rats and mice of the family Muridae of the order 11
Rodentia, or those fish, shellfish, and marine invertebrates 12
classified as food fish or shellfish by the director. The term 13
"wildlife" includes all stages of development and the bodily parts of 14
wildlife members. 15
(73) "Wildlife meat cutter" means a person who packs, cuts, 16
processes, or stores wildlife for consumption for another for 17
commercial purposes. 18
(74) "Youth" means a person fifteen years old for fishing and 19
under sixteen years old for hunting. 20
(75) "Fishing guide" means a person who provides or offers to 21
provide sport fishing guide services to persons who are engaged in 22
personal use fisheries on or along state waters.23
(76) "Sport fishing guide services" means an individual or 24
company providing assistance to a client to fish or to attempt to 25
fish, for compensation or with the intent to receive compensation, by 26
either accompanying or physically directing the client, or both, in 27
personal use fishing activities during any part of a trip on or along 28
state waters.29
Sec. 2. RCW 77.15.160 and 2020 c 38 s 3 are each amended to read 30
as follows: 31
The following acts are infractions and may be cited and civil 32
penalties imposed as provided under chapter 7.84 RCW, to include 33
detentions for a reasonable period and investigations as provided in 34
RCW 7.84.030. The civil provisions of this section are cumulative and 35
nonexclusive and do not affect any criminal prosecution or 36
investigatory authority over criminal offenses: 37
(1) Fishing and shellfishing infractions: 38
p. 8 HB 1325
(a) Barbed hooks: Fishing for personal use with barbed hooks in 1
violation of any department rule. 2
(b) Catch recording: Failing to immediately record a catch of 3
fish or shellfish on a catch record card as required by RCW 77.32.430 4
or department rule. 5
(c) Catch reporting: Failing to return a catch record card to the 6
department as required by department rule. 7
(d)(i) Recreational fishing: Fishing for fish or shellfish and 8
the person: 9
(((i))) (A) Fails to have in the person's possession the license 10
or the catch record card required by chapter 77.32 RCW for such an 11
activity; or 12
(((ii))) (B) Violates any department rule regarding seasons, 13
closed areas, closed times, or any other rule addressing the manner 14
or method of fishing for fish or shellfish and the violation 15
involves: 16
(((A))) (I) Salmon or steelhead; 17
(((B))) (II) Sturgeon; 18
(((C))) (III) Game fish; 19
(((D))) (IV) Food fish; 20
(((E))) (V) Shellfish; 21
(((F))) (VI) Unclassified fish or shellfish; 22
(((G))) (VII) Waste of food fish, game fish or shellfish. ((This 23
subsection (1)(d)(ii) does not apply to use of a net to take fish 24
under RCW 77.15.580 or unlawful recreational fishing in the first 25
degree under RCW 77.15.370.))26
(ii) (d)(i)(B) of this subsection does not apply to use of a net 27
to take fish under RCW 77.15.580 or unlawful recreational fishing in 28
the first degree under RCW 77.15.370.29
(e) Seaweed: Taking, possessing, or harvesting less than two 30
times the daily possession limit of seaweed: 31
(i) While the person is not in possession of the license required 32
by chapter 77.32 RCW; or 33
(ii) In violation of any rule of the department or the department 34
of natural resources regarding seasons, closed areas, closed times, 35
or any other rule addressing the manner or method of taking, 36
possessing, or harvesting of seaweed. 37
(2) ((Hunting)) Small game hunting infractions:38
(a) A person engages in an activity defined by chapter 77.32 RCW 39
while not having in the person's possession or having failed to 40
p. 9 HB 1325
purchase the hunting license or tag required by that chapter, not 1
including big game. 2
(b) Eggs or nests: Maliciously, and without permit authorization, 3
destroying, taking, or harming the eggs or active nests of a wild 4
bird not classified as endangered or protected. For purposes of this 5
subsection, "active nests" means nests that contain eggs or 6
fledglings. 7
(c) Hunting for wildlife not classified as big game and the 8
person violates any department rule regarding seasons, closed areas, 9
closed times, or any other rule defining the method or manner of 10
hunting or taking wildlife and the violation involves:11
(i) Unclassified wildlife; 12
(ii) Small game; 13
(iii) Furbearers; 14
(iv) Game birds; 15
(v) Wild birds; 16
(vi) Wild animals; 17
(vii) Waste of small game. 18
(3) Trapping, taxidermy, fur dealing, and wildlife meat cutting 19
infractions: 20
(a) Recordkeeping and reporting: If a person is a taxidermist, 21
fur dealer, or wildlife meat cutter who is processing, holding, or 22
storing wildlife for commercial purposes, failing to:23
(i) Maintain records as required by department rule; or24
(ii) Report information from these records as required by 25
department rule. 26
(b) Trapper's report: Failing to report trapping activity as 27
required by department rule. 28
(4) Limited fish seller infraction: Failure of a holder of a 29
limited fish seller endorsement to satisfy the food safety 30
requirements to consumers under RCW 77.65.510(2). 31
(5)(a) Invasive species management infractions:32
(i) Out-of-state certification: Entering Washington in possession 33
of an aquatic conveyance that does not meet certificate of inspection 34
requirements as provided under RCW 77.135.100; 35
(ii) Clean and drain requirements: Possessing an aquatic 36
conveyance that does not meet clean and drain requirements under RCW 37
77.135.110; 38
p. 10 HB 1325
(iii) Clean and drain orders: Possessing an aquatic conveyance 1
and failing to obey a clean and drain order under RCW 77.135.110 or 2
77.135.120; and 3
(iv) Aquatic invasive species prevention permit requirements: 4
Failing to possess a valid aquatic invasive species prevention permit 5
as required under RCW 77.135.210, 77.135.220, or 77.135.230.6
(b) Unless the context clearly requires otherwise, the 7
definitions in both RCW 77.08.010 and 77.135.010 apply throughout 8
this subsection (5). 9
(6) Big game hunting:10
(a) A person hunts for big game while not having in the person's 11
possession the hunting license or tag required under this title.12
(b) A person hunts for big game species of deer, elk, black bear, 13
or cougar and the person violates any department rule regarding 14
seasons, closed areas, closed times, or any other department rule 15
defining the method or manner of hunting or taking these big game 16
species. This subsection (6)(b) does not apply to protected, 17
threatened, or endangered big game as identified under RCW 77.12.020.18
(c) A violation of this subsection carries a mandatory fine of 19
$500, not including statutory assessments added pursuant to RCW 20
3.62.090.21
(7) General hunting:22
(a) A person carries, transports, conveys, possesses, or controls 23
a rifle or shotgun in a motor vehicle, except as allowed by 24
department rule, and the rifle or shotgun contains live shells or 25
cartridges in the attached or internal magazine.26
(b) A person discharges a firearm from or across the maintained 27
portion of a public highway.28
(c) A person fails to properly notch a transport tag as required 29
by department rule.30
(8) Hydraulic activities:31
(a) A person operates a motor vehicle as defined in RCW 46.04.320 32
in the wetted portion of a streambed other than at an established 33
ford.34
(b) A person, in violation of a department rule, constructs by 35
hand, without the use of tools or equipment, a rock dam or similar 36
structure that could impede the movement of fish life, as defined by 37
department rule.38
(9) Department licensed guides:39
p. 11 HB 1325
(a) Failing to display department registration stickers as 1
required by chapter 77.65 RCW or a department rule.2
(b) Failing to initiate, complete, or submit guide logbooks as 3
required by department rule.4
(10) Fishing guide or charter boat operator infractions:5
(a) It is an infraction for a person who is licensed and acting 6
as a fishing guide or charter boat operator to:7
(i) Aid in the commission of any infraction under subsection (1) 8
of this section by a client; or9
(ii) Permit the commission of any infraction under subsection (1) 10
of this section by a client that the fishing guide or charter boat 11
operator knows or reasonably believes is being or will be committed 12
without:13
(A) Attempting to prevent the infraction, short of using force; 14
and15
(B) Reporting the infraction.16
(b) A person acting as a fishing guide or charter boat operator 17
may be found to have committed an infraction under (a)(i) or (ii) of 18
this subsection regardless of whether the client was issued an 19
infraction for the underlying violation.20
(11) Other infractions: 21
(a) Contests: Unlawfully conducting, holding, or sponsoring a 22
hunting contest, a fishing contest involving game fish, or a 23
competitive field trial using live wildlife. 24
(b) Other rules: Violating any other department rule that is 25
designated by rule as an infraction. 26
(c) Posting signs: Posting signs preventing hunting or fishing on 27
any land not owned or leased by the person doing the posting, or 28
without the permission of the person who owns, leases, or controls 29
the land posted. 30
(d) Department permits: Except as provided in RCW 77.15.750, 31
using a department permit issued by the department, and the person:32
(i) Violates any terms or conditions of the permit;33
(ii) Violates any department rule applicable to the issuance or 34
use of permits; or 35
(iii) Violates any commercial use or activity permits, 36
noncommercial use or activity permits, or parking permits.37
(e) This subsection does not apply to discover pass, vehicle 38
access pass, or day-use permit requirements or penalties pursuant to 39
RCW 79A.80.080. 40
p. 12 HB 1325
Sec. 3. RCW 77.15.260 and 2015 c 141 s 1 are each amended to 1
read as follows: 2
(1) A person is guilty of unlawful trafficking in fish, 3
shellfish, or wildlife in the second degree if the person traffics in 4
fish, shellfish, seaweed, or wildlife with a wholesale value of less 5
than ((two hundred fifty dollars)) $250 and: 6
(a) The fish, shellfish, or wildlife is classified as game, food 7
fish, shellfish, game fish, or protected wildlife and the trafficking 8
is not authorized by statute or department rule; ((or))9
(b) The fish, shellfish, or wildlife is unclassified and the 10
trafficking violates any department rule; or11
(c) The seaweed is trafficked in violation of any department 12
rule. 13
(2)(a) A person is guilty of unlawful trafficking in fish, 14
shellfish, or wildlife in the first degree if the person commits the 15
act described by subsection (1) of this section and:16
(i) The fish, shellfish, or wildlife has a value of two hundred 17
fifty dollars or more; or 18
(ii) The fish, shellfish, or wildlife is designated as an 19
endangered species or deleterious exotic wildlife and such 20
trafficking is not authorized by any statute or department rule.21
(b) For purposes of this subsection (2), whenever any series of 22
transactions that constitute unlawful trafficking would, when 23
considered separately, constitute unlawful trafficking in the second 24
degree due to the value of the fish, shellfish, or wildlife, and the 25
series of transactions are part of a common scheme or plan, then the 26
transactions may be aggregated in one count and the sum of the value 27
of all the transactions considered when determining the degree of 28
unlawful trafficking involved. 29
(3)(a) Unlawful trafficking in fish, shellfish, or wildlife in 30
the second degree is a class C felony. 31
(b) Unlawful trafficking in fish, shellfish, or wildlife in the 32
first degree is a class B felony. 33
Sec. 4. RCW 77.15.290 and 2014 c 202 s 304 are each amended to 34
read as follows: 35
(1) A person is guilty of unlawful transportation of fish or 36
wildlife in the second degree if the person: 37
(a) Knowingly imports, moves within the state, or exports fish, 38
shellfish, or wildlife in violation of any department rule governing 39
p. 13 HB 1325
the transportation or movement of fish, shellfish, or wildlife and 1
the transportation does not involve big game, endangered fish or 2
wildlife, deleterious exotic wildlife, or fish, shellfish, or 3
wildlife having a value greater than ((two hundred fifty dollars )) 4
$250; or 5
(b) Possesses but fails to affix ((or)) and notch a big game 6
transport tag as required by department rule. 7
(2) A person is guilty of unlawful transportation of fish or 8
wildlife in the first degree if the person: 9
(a) Knowingly imports, moves within the state, or exports fish, 10
shellfish, or wildlife in violation of any department rule governing 11
the transportation or movement of fish, shellfish, or wildlife and 12
the transportation involves big game, endangered fish or wildlife, 13
deleterious exotic wildlife, or fish, shellfish, or wildlife with a 14
value of ((two hundred fifty dollars)) $250 or more; or15
(b) Knowingly transports shellfish, shellstock, or equipment used 16
in commercial culturing, taking, handling, or processing shellfish 17
without a permit required by authority of this title.18
(3)(a) Unlawful transportation of fish or wildlife in the second 19
degree is a misdemeanor. 20
(b) Unlawful transportation of fish or wildlife in the first 21
degree is a gross misdemeanor. 22
(4) This section does not apply to invasive species.23
Sec. 5. RCW 77.15.410 and 2012 c 176 s 26 are each amended to 24
read as follows: 25
(1) A person is guilty of unlawful hunting of big game in the 26
second degree if the person: 27
(a) Hunts for((, takes, or possesses big game and the person does 28
not have and possess all licenses, tags, or permits required under 29
this title; or30
(b) Violates)) big game and, whether or not the person takes or 31
possesses big game, the person has not purchased the appropriate 32
license, permit, or tags required under this title;33
(b) Takes or possesses big game, but does not have in the 34
person's possession the licenses, tags, or permits required under 35
this title;36
(c) Takes or possesses big game and violates any department rule 37
regarding seasons, bag or possession limits, closed areas including 38
game reserves, closed times, or any other rule governing the hunting, 39
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taking, or possession of ((big game )) deer, elk, cougar, and black 1
bear;2
(d) Hunts for big game and, whether or not the person takes or 3
possesses big game, the person does not have in the person's 4
possession the licenses, tags, or permits required under this title; 5
and the act occurs within two years of the date of a prior committed 6
finding of any big game hunting infraction under RCW 77.15.160(6); or7
(e) Violates any department rule regarding seasons, bag or 8
possession limits, closed areas including game reserves, closed 9
times, or any other rule governing the hunting, taking, or possession 10
of big game species other than deer, elk, cougar, or black bear.11
(2) A person is guilty of unlawful hunting of big game in the 12
first degree if the person commits the act described in subsection 13
(1) of this section and: 14
(a) The person hunts for, takes, or possesses three or more big 15
game animals within the same course of events; or 16
(b) The act occurs within five years of the date of a prior 17
conviction under this title involving unlawful hunting, killing, 18
possessing, or taking big game. 19
(3)(a) Unlawful hunting of big game in the second degree is a 20
gross misdemeanor. Upon conviction of an offense involving killing or 21
possession of big game taken during a closed season, closed area, 22
without the proper license, tag, or permit using an unlawful method, 23
or in excess of the bag or possession limit, the department shall 24
revoke all of the person's hunting licenses and tags and order a 25
suspension of the person's hunting privileges for two years. Courts 26
shall impose the mandatory penalty requirements of RCW 77.15.420.27
(b) Unlawful hunting of big game in the first degree is a class C 28
felony. Upon conviction, the department shall revoke all of the 29
person's hunting licenses or tags and order the person's hunting 30
privileges suspended for ((ten)) 10 years. Courts shall impose the 31
mandatory penalty requirements of RCW 77.15.420.32
(4) For the purposes of this section, "same course of events" 33
means within one ((twenty-four)) 72 hour period, or a ((pattern of 34
conduct composed)) common scheme or plan of a series of acts that are 35
unlawful under subsection (1) of this section ((, over a period of 36
time evidencing a continuity of purpose)). 37
Sec. 6. RCW 77.15.460 and 2018 c 168 s 1 are each amended to 38
read as follows: 39
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(1) A person is guilty of unlawful possession of a loaded rifle 1
or shotgun in a motor vehicle, as defined in RCW 46.04.320, or upon 2
an off-road vehicle, as defined in RCW 46.04.365, if:3
(a) The person carries, transports, conveys, possesses, or 4
controls a rifle or shotgun in a motor vehicle, or upon an off-road 5
vehicle, except as allowed by department rule; and 6
(b) The rifle or shotgun contains ((shells or cartridges )) a 7
shell or cartridge in the ((magazine or )) chamber, or is a muzzle-8
loading firearm that is loaded and capped or primed.9
(2) A person is guilty of unlawful use of a loaded firearm if:10
(a) The person negligently discharges a firearm from, across, or 11
along the maintained portion of a public highway; or12
(b) The person discharges a firearm from within a moving motor 13
vehicle or from upon a moving off-road vehicle. 14
(3) Unlawful possession of a loaded rifle or shotgun in a motor 15
vehicle or upon an off-road vehicle, and unlawful use of a loaded 16
firearm are misdemeanors. 17
(4) This section does not apply if the person:18
(a) Is a law enforcement officer who is authorized to carry a 19
firearm and is on duty within the officer's respective jurisdiction;20
(b) Has been granted a disability designation as provided by RCW 21
77.32.237 and complies with all rules of the department concerning 22
hunting by persons with disabilities; or 23
(c) Discharges the rifle or shotgun from upon a nonmoving motor 24
vehicle, as long as the engine is turned off and the motor vehicle is 25
not parked on or beside the maintained portion of a public road, 26
except as authorized by the commission by rule. This subsection 27
(4)(c) does not apply to off-road vehicles, which are unlawful to use 28
for hunting under RCW 46.09.480, unless the person has a department 29
permit issued under RCW 77.32.237. 30
(5) For purposes of subsection (1) of this section, a rifle or 31
shotgun shall not be considered loaded if the detachable clip or 32
magazine is not inserted in or attached to the rifle or shotgun.33
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