Sale of covered animals

AN ACT Relating to penalties for sale of covered animal species; 1
amending RCW 77.15.135; and prescribing penalties. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 77.15.135 and 2016 c 2 s 3 are each amended to read 4
as follows: 5
(1) Except as authorized in subsections (2) and (3) of this 6
section, it is unlawful for a person to sell, offer to sell, 7
purchase, trade, barter for, or distribute any covered animal species 8
part or product. 9
(2) The prohibitions set forth in subsection (1) of this section 10
do not apply if any of the following conditions ((is [are] )) are 11
satisfied: 12
(a) The covered animal species part or product is part of a bona 13
fide antique, provided the antique status of such an antique is 14
established by the owner or seller thereof with historical 15
documentation evidencing provenance and showing the antique to be not 16
less than ((one hundred )) 100 years old, and the covered animal 17
species part or product is less than ((fifteen)) 15 percent by volume 18
of such an antique; 19
S-3658.1
SENATE BILL 6233
State of Washington 69th Legislature 2026 Regular Session
By Senators Liias and Salomon
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(b) The distribution of the covered animal species part or 1
product is for a bona fide educational or scientific purpose, or to 2
or from a museum; 3
(c) The distribution of the covered animal species part or 4
product is to a legal beneficiary of an estate, trust, or other 5
inheritance, upon the death of the owner of the covered animal 6
species part or product; 7
(d) The covered animal species part or product is less than 8
((fifteen)) 15 percent by volume of a musical instrument ((,)) 9
including, without limitation, string instruments and bows, wind and 10
percussion instruments, and pianos; or 11
(e) The intrastate sale, offer for sale, purchase, trade, barter 12
for, or distribution of the covered animal species part or product is 13
expressly authorized by federal law or permit. 14
(3) The prohibitions set forth in subsection (1) of this section 15
do not apply to an employee or agent of a federal, state, or local 16
government undertaking any law enforcement activity pursuant to 17
federal, state, or local law or any mandatory duty required by 18
federal, state, or local law. 19
(4)(a) Except as otherwise provided in this section, a person is 20
guilty of unlawful trafficking in species threatened with extinction 21
in the second degree if the person commits the act described in 22
subsection (1) of this section and the violation involves covered 23
animal species parts or products with a total market value of less 24
than ((two hundred fifty dollars)) $250. 25
(b) Except as otherwise provided in this section, a person is 26
guilty of unlawful trafficking in species threatened with extinction 27
in the first degree if the person commits the act described by 28
subsection (1) of this section and the violation: 29
(i) Involves covered animal species parts or products with a 30
total market value of ((two hundred fifty dollars)) $250 or more;31
(ii) Occurs after entry of a prior conviction under this section;32
or 33
(iii) Occurs within five years of entry of a prior conviction for34
any other gross misdemeanor or felony under this chapter.35
(c) Unlawful trafficking in species threatened with extinction in 36
the second degree is a gross misdemeanor. 37
(d) Unlawful trafficking in species threatened with extinction in 38
the first degree is a class C felony. 39
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(e) If a person commits the act described by subsection (1) of 1
this section and such an act also would be a violation of any other 2
criminal provision of this title, the prosecuting authority has 3
discretion as to which crime or crimes the person is charged as long 4
as the charges are consistent with any limitations in the state and 5
federal Constitutions. 6
(5) In addition to the penalties set forth in subsection (4) of 7
this section, if a person is convicted of violating this section, the 8
court shall require payment of a criminal wildlife penalty assessment 9
in the amount of ((two thousand dollars)) $4,000 that must be paid to 10
the clerk of the court and distributed each month to the state 11
treasurer for deposit in the fish and wildlife enforcement reward 12
account created in RCW 77.15.425. At least once per fiscal year, the 13
department shall transfer 50 percent of amounts deposited under this 14
subsection to the University of Washington's center for environmental 15
forensic science.16
(6) If two or more people are convicted under subsection (1) of 17
this section, the criminal wildlife penalty assessment under this 18
section must be imposed against each person jointly and severally.19
(7) The criminal wildlife penalty assessment provided in this 20
section must be doubled if the person is convicted of unlawful 21
trafficking in species threatened with extinction in the first 22
degree. 23
(8) By January 1, 2017, and thereafter annually, the director 24
shall provide a comprehensive report outlining current and future 25
enforcement activities and strategies related to chapter 2, Laws of 26
2016, including recommendations regarding any necessary changes, to 27
the relevant policy and fiscal committees of the senate and house of 28
representatives. 29
(9) The commission may adopt rules necessary for the 30
implementation and enforcement of chapter 2, Laws of 2016.31
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