First I'm sorry to say this is LONG. But as so often happens when you are dealing with issues of law, morality and sport there is no short answer.

Second I want to state that I am not an attorney, legal aide or in any way, shape or form qualified to provide legal interpretation of Washington State law, The Revised Code of Washington or Washington Administrative Code. Also I did not perform any research as regards case law, findings, finding of intent, bills or dispositions which may modify the contents of the articles posted below.

Next, personally I don't have a lot of problems with allowing a rather broad interpretation of the authority of fish and wildlife officers with regards to the search of myself and my equipment, but then I tend to be quite conservative in my approach to hunting and fishing. That said and without trying to cast moral judgements on anyone, I do have some problems with what sometimes seems to be our collective response to the rules that govern our actions in the pursuit of our sport and the group of people (fish and wildlife officers) charged with performing the dangerous and for the most part, thankless job of enforcing the above mentioned rules. I don't feel we should look at the rules seeking the the biggest possible loophole(s) for us to slide through.

G-MAN, I didn't research whether your boat should be considered equipment or vehicle because as specified under RCW 77.15 both can be searched. The validity of this search will depend on your interpretation of the following statement in 77.15.094.

"Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title and seize evidence as needed for law enforcement."

I feel the definitive area here is the section of the statement that specifies - "which they have reason to believe contain evidence of a violation".

In view of the ease with which fish can be concealed and considering the number of anglers that I have witnessed demonstrating unethical fishing behavior, I personally am willing to interpret this statement in the broadest possible context. Basically I am saying go ahead and check me, my equipment, boats, vehicles, etc. in an effort to catch those who are damaging the sport for the rest of us.

If we accept this broadest interpretation of the (fish and wildlife officers) right to search us, what have we really given up? Most of the various complaints that I see concerning searches seem to distill into one of two basics groupings, equipment damage and loss of privacy.


G-MAN, while I would be extremely irritated (to put it politely) to have someone damage my equipment while searching it, equipment damage - a form of liability - is covered in RCW 77.15.075 by its reference to RCW 4.92 .


Todd, not picking on you per se, but the logic exhibited in a couple of your statements is giving me some trouble. You build the following scenario -

"Say you are steelhead fishing in a selective gear rules area, single, barbless, no bait, open for brats, closed for nates. You're out in your boat with a couple of buddies, pulled up on a bar, and the gamie shows up. You're fishing, so out comes the license. Also, let's see the hooks on your rods, make sure there're no barbs there. When they see your licenses, they see that one of you has punched a hatchery fish for the day. Pull it out, check for clipped fin."

I'm with you here, but then you say -

"It does not mean in your vest pocket, or in your tacklebox, or in the little film canister that may or may not have film in it sitting in the tackle tray. The potential illegal fish could not be in those places, so there is no legal reason to search them."

I ask why not? Why not inspect the film canister or the fishing vest or the tackle box or whatever? Picking on the aforementioned film canister, while it certainly won't contain a fish, perhaps it may contain - eggs? After all by the scenario you set forth we are fishing in a selective gear rules area, no bait allowed.

Categorically speaking, why shouldn't we demonstarte the greatest degree of compliance in ensuring that all of us are playing fair and by the rules.


Hope I haven't stirred the pot too hard.

G-MAN, I hope this helps answer your question.

Todd, I wasn't picking on or attacking you personally, hope you didn't take it that way.

Good fish'n everybody.

Wes

For those who want to peruse the various legalities without having to look everything up I have included the following. As I said at the beginning this is not an exhaustive look at the subject. I also included a little information about RCW 88.02 (maybe you don't need a registration on your boat?) and seeing as how it it mentioned in RCW 77.15.094 I included Article I Section 7 of the Washington Constitution concerning illegal search.

While I took a quick look at the Washington Administrative Code I didn't see anything specifically related to fish and wildlife officers and search and seizure so I didn't inlude any of it.


Title 77 RCW

FISH AND WILDLIFE

Chapters
77.04 Department of fish and wildlife.
77.08 General terms defined.
77.12 Powers and duties.
77.15 Fish and wildlife enforcement code.
77.18 Game fish mitigation.
77.32 Licenses.
77.36 Wildlife damage.
77.44 Warm water game fish enhancement program.
77.50 Limitations on certain commercial fisheries.
77.55 Construction projects in state waters.
77.60 Shellfish.
77.65 Food fish and shellfish -- Commercial licenses.
77.70 License limitation programs.
77.75 Compacts and other agreements.
77.80 Program to purchase fishing vessels and licenses.
77.85 Salmon recovery.
77.90 Salmon enhancement facilities -- Bond issue.
77.95 Salmon enhancement program.
77.100 Volunteer fish and wildlife enhancement program.
77.105 Recreational salmon and marine fish enhancement program.
77.110 Salmon and steelhead trout -- Management of resources.
77.115 Aquaculture disease control.
77.120 Ballast water management.
77.125 Marine fin fish aquaculture programs.
NOTES:Carrier or racing pigeons -- Injury to: RCW 9.61.190 and 9.61.200.Control of predatory birds injurious to agriculture: RCW 15.04.110 through 15.04.120.Coyote getters -- Use in killing of coyotes: RCW 9.41.185.Hood Canal bridge, public sport fishing from: RCW 47.56.366.Infractions: Chapter 7.84 RCW.Operation and maintenance of fish collection facility on Toutle river: RCW 77.55.240.Volunteer cooperative fish and wildlife enhancement program: Chapter 77.100 RCW.Wildlife and recreation lands; funding of maintenance and operation: Chapter 79A.20 RCW.


RCW 77.15.075
Enforcement authority of fish and wildlife officers.(1) Fish and wildlife officers and ex officio fish and wildlife officers shall enforce this title, rules of the department, and other statutes as prescribed by the legislature. However, when acting within the scope of these duties and when an offense occurs in the presence of the fish and wildlife officer who is not an ex officio fish and wildlife officer, the fish and wildlife officer may enforce all criminal laws of the state. The fish and wildlife officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a course approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state. (2) Fish and wildlife officers are peace officers. (3) Any liability or claim of liability under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under an agreement between the department and another agency. (4) Fish and wildlife officers may serve and execute warrants and processes issued by the courts. (5) Fish and wildlife officers may enforce RCW 79.01.805 and 79.01.810. (6) Fish and wildlife officers are authorized to enforce all provisions of chapter 88.02 RCW and any rules adopted under that chapter, and the provisions of RCW 79A.05.310 and any rules adopted under that section. (7) To enforce the laws of this title, fish and wildlife officers may call to their aid any ex officio fish and wildlife officer or citizen and that person shall render aid.[2000 c 107 § 212; 1998 c 190 § 112; 1993 sp.s. c 2 § 67; 1988 c 36 § 50; 1987 c 506 § 16; 1985 c 155 § 2; 1980 c 78 § 17. Formerly RCW 77.12.055.]
NOTES: Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability -- 1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010.

RCW 77.15.080
Fish and wildlife officers -- Inspection authority -- Photo identification.Based upon articulable facts that a person is engaged in fishing, harvesting, or hunting activities, fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish, shellfish, seaweed, and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title, and may request the person to write his or her signature for comparison with the signature on the license. Failure to comply with the request is prima facie evidence that the person is not the person named on the license. For licenses purchased over the internet or telephone, fish and wildlife officers may require the person, if age eighteen or older, to exhibit a driver's license or other photo identification.[2001 c 306 § 1; 2001 c 253 § 23; 2000 c 107 § 233; 1998 c 190 § 113.]NOTES: Reviser's note: This section was amended by 2001 c 253 § 23 and by 2001 c 306 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).



RCW 77.15.085
Seizure without warrant.Fish and wildlife officers and ex officio fish and wildlife officers may seize without a warrant wildlife, fish, and shellfish they have probable cause to believe have been taken, transported, or possessed in violation of this title or rule of the commission or director.[2000 c 107 § 232.]


RCW 77.15.094
Search without warrant -- Seizure of evidence, property -- Limitation.Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title and seize evidence as needed for law enforcement. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution. Seizure of property as evidence of a crime does not preclude seizure of the property for forfeiture as authorized by law.[2001 c 253 § 25; 2000 c 107 § 214; 1998 c 190 § 115; 1987 c 506 § 20; 1980 c 78 § 21; 1955 c 36 § 77.12.090. Prior: 1947 c 275 § 19; Rem. Supp. 1947 § 5992-29. Formerly RCW 77.12.090.]
NOTES: Legislative findings and intent -- 1987 c 506: See note following RCW 77.04.020. Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010.


RCW 77.15.096
Inspection without warrant -- Commercial fish and wildlife entities.Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner the premises, containers, fishing equipment, fish, seaweed, shellfish, and wildlife, and records required by the department of any commercial fisher or wholesale dealer or fish buyer. Fish and wildlife officers may similarly inspect without warrant the premises, containers, fishing equipment, fish, shellfish, and wildlife, and records required by the department of any shipping agent or other person placing or attempting to place fish, shellfish, or wildlife into interstate commerce, any cold storage plant that the department has probable cause to believe contains fish, shellfish, or wildlife, or of any taxidermist or fur buyer. Fish and wildlife officers may inspect without warrant the records required by the department of any retail outlet selling fish, shellfish, or wildlife, and, if the officers have probable cause to believe a violation of this title or rules of the commission has occurred, they may inspect without warrant the premises, containers, and fish, shellfish, and wildlife of any retail outlet selling fish, shellfish, or wildlife.[2001 c 253 § 26; 1998 c 190 § 116; 1982 c 152 § 1; 1980 c 78 § 22. Formerly RCW 77.12.095.]
NOTES: Effective date -- Intent, construction -- Savings -- Severability -- 1980 c 78: See notes following RCW 77.04.010.

Chapter 88.02 RCW

VESSEL REGISTRATION
(Formerly Watercraft registration)

SECTIONS88.02.010 Definitions.
88.02.020 Registration and display of registration number and decal prerequisite to ownership or operation of vessel -- Exceptions.
88.02.023 Vessel dealer display decals -- Use.
88.02.025 Registration of vessels numbered under the federal boat safety act.
88.02.028 Registration of rented vessels -- Dealer's vessels -- Dealer registration numbers not transferable.
88.02.030 Exceptions from vessel registration -- Use of excess document identification fee for boating safety programs -- Rules.
88.02.035 Confidential vessel registration, law enforcement purposes.
88.02.040 Issuance of registrations -- Agents -- Deposit of fees in general fund -- Allocation for boating safety and education and law enforcement.
88.02.045 Allocation of funds under RCW 88.02.040 to counties -- Deposit to account for boating safety programs.
88.02.050 Application -- Registration fee and excise tax -- Registration number and decal -- Registration periods -- Renewals -- Marine oil refuse dump and holding tank information -- Transfer of registrations.
88.02.052 Voluntary donations in conjunction with registration -- Maritime historic restoration and preservation.
88.02.053 Maritime historic restoration and preservation account.
88.02.055 Refund, collection of erroneous amounts -- Penalty for false statement.
88.02.060 Registration of dealers -- Surety bond -- Fees.
88.02.070 Certificates of title.
88.02.075 Duplicate certificates -- Replacement decals -- Surrender of original certificate or decal.
88.02.078 Vessel dealer business address -- Office -- Identification of business.
88.02.090 Inspection of registration -- Violation of chapter.
88.02.100 Rule-making authority.
88.02.110 Penalties -- Disposition of moneys collected -- Enforcement authority.
88.02.112 Registration certificate required -- Penalty.
88.02.115 Additional penalties for unauthorized or personal use of dealer display decals.
88.02.118 Evasive registration -- Penalty.
88.02.120 Title certificate system -- Legislative intent -- Authority for rules and procedures to establish system.
88.02.125 Evidence of ownership by vessel dealers -- Sales of consigned vessels -- Assignment and warranty of certificates of ownership.
88.02.130 Class A title certificates.
88.02.140 Issuance of class A title certificates -- Required evidence.
88.02.150 Issuance of class A title certificates -- Limitation.
88.02.160 Class B title certificates.
88.02.170 Class A and class B title certificates to have apparent distinctions -- Class B certificate to bear legend.
88.02.180 Application for title certificate -- Oath by owner.
88.02.184 Issuance of temporary permits by registered vessel dealers -- Fee.
88.02.188 Denial, suspension, or revocation of vessel dealer registration -- Penalties.
88.02.189 Vessel registration or vessel dealer registration suspension -- Noncompliance with support order -- Reissuance.
88.02.190 Inspection of vessels.
88.02.200 Department and state immune from suit for administration of chapter.
88.02.210 Records of the purchase and sale of vessels.
88.02.220 Receipt of cash or negotiable instrument before delivery of vessel -- Trust account.
88.02.230 Exemption from vessel dealer requirements.
88.02.235 Denial of license.
NOTES:Boat trailer fee: RCW 46.16.670.Leases: Chapter 62A.2A RCW.


RCW 88.02.010
Definitions.Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Vessel" means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane. (2) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest. (3) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling vessels at wholesale or retail in this state. (4) "Department" means the department of licensing.[1983 c 7 § 14.]


RCW 88.02.030
Exceptions from vessel registration -- Use of excess document identification fee for boating safety programs -- Rules.Vessel registration is required under this chapter except for the following: (1) Military or public vessels of the United States, except recreational-type public vessels; (2) Vessels owned by a state or subdivision thereof, used principally for governmental purposes and clearly identifiable as such; (3) Vessels either (a) registered or numbered under the laws of a country other than the United States; or (b) having a valid United States customs service cruising license issued pursuant to 19 C.F.R. Sec. 4.94. On or before the sixty-first day of use in the state, any vessel in the state under this subsection shall obtain an identification document from the department of licensing, its agents, or subagents indicating when the vessel first came into the state. At the time of any issuance of an identification document, a twenty-five dollar identification document fee shall be paid by the vessel owner to the department of licensing for the cost of providing the identification document by the department of licensing. Any moneys remaining from the fee after payment of costs shall be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.045. The department of licensing shall adopt rules to implement its duties under this subsection, including issuing and displaying the identification document and collecting the twenty-five dollar fee; (4) Vessels that have been issued a valid number under federal law or by an approved issuing authority of the state of principal operation. However, a vessel that is validly registered in another state but that is removed to this state for principal use is subject to registration under this chapter. The issuing authority for this state shall recognize the validity of the numbers previously issued for a period of sixty days after arrival in this state; (5) Vessels owned by a nonresident if the vessel is located upon the waters of this state exclusively for repairs, alteration, or reconstruction, or any testing related to the repair, alteration, or reconstruction conducted in this state if an employee of the repair, alteration, or construction facility is on board the vessel during any testing: PROVIDED, That any vessel owned by a nonresident is located upon the waters of this state exclusively for repairs, alteration, reconstruction, or testing for a period longer than sixty days, that the nonresident shall file an affidavit with the department of revenue verifying the vessel is located upon the waters of this state for repair, alteration, reconstruction, or testing and shall continue to file such affidavit every sixty days thereafter, while the vessel is located upon the waters of this state exclusively for repairs, alteration, reconstruction, or testing; (6) Vessels equipped with propulsion machinery of less than ten horsepower that: (a) Are owned by the owner of a vessel for which a valid vessel number has been issued; (b) Display the number of that numbered vessel followed by the suffix "1" in the manner prescribed by the department; and (c) Are used as a tender for direct transportation between that vessel and the shore and for no other purpose; (7) Vessels under sixteen feet in overall length which have no propulsion machinery of any type or which are not used on waters subject to the jurisdiction of the United States or on the high seas beyond the territorial seas for vessels owned in the United States and are powered by propulsion machinery of ten or less horsepower; (8) Vessels with no propulsion machinery of any type for which the primary mode of propulsion is human power; (9) Vessels primarily engaged in commerce which have or are required to have a valid marine document as a vessel of the United States. Commercial vessels which the department of revenue determines have the external appearance of vessels which would otherwise be required to register under this chapter, must display decals issued annually by the department of revenue that indicate the vessel's exempt status; (10) Vessels primarily engaged in commerce which are owned by a resident of a country other than the United States; and (11) On and after January 1, 1998, vessels owned by a nonresident individual brought into the state for his or her use or enjoyment while temporarily within the state for not more than six months in any continuous twelve-month period, unless the vessel is used in conducting a nontransitory business activity within the state. However, the vessel must have been issued a valid number under federal law or by an approved issuing authority of the state of principal operation. On or before the sixty-first day of use in the state, any vessel temporarily in the state under this subsection shall obtain an identification document from the department of licensing, its agents, or subagents indicating when the vessel first came into the state. An identification document shall be valid for a period of two months. At the time of any issuance of an identification document, a twenty-five dollar identification document fee shall be paid by the vessel owner to the department of licensing for the cost of providing the identification document by the department of licensing. Any moneys remaining from the fee after payment of costs shall be allocated to counties by the state treasurer for approved boating safety programs under RCW 88.02.045. The department of licensing shall adopt rules to implement its duties under this subsection, including issuing and displaying the identification document and collecting the twenty-five dollar fee.[1998 c 198 § 1; 1997 c 83 § 1; 1991 c 339 § 30. Prior: 1989 c 393 § 13; 1989 c 102 § 1; 1985 c 452 § 1; 1984 c 250 § 2; 1983 2nd ex.s. c 3 § 44; 1983 c 7 § 16.]
NOTES: Effective date -- 1998 c 198: "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 27, 1998]." [1998 c 198 § 2.] Effective date -- 1985 c 452: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985." [1985 c 452 § 2.] Construction -- Severability -- Effective dates -- 1983 2nd ex.s. c 3: See notes following RCW 82.04.255.Commission to adopt rules: RCW 79A.60.595.Partial exemption from ad valorem taxes of ships and vessels exempt from excise tax under RCW 88.02.030(9): RCW 84.36.080.


RCW 10.79.040
Search without warrant unlawful.It shall be unlawful for any policeman or other peace officer to enter and search any private dwelling house or place of residence without the authority of a search warrant issued upon a complaint as by law provided.[1921 c 71 § 1; RRS § 2240-1. FORMER PART OF SECTION: 1921 c 71 § 2; RRS § 2240-2, now codified as RCW 10.79.045.]

Washington State Constitution
Article I

SECTION 7 INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.