Plunker,
Offenses wont be criminal much longer. They will be infractions

SENATE BILL 5029
_____________________________________________

State of Washington 58th Legislature 2003 Regular Session

By Senator Morton

Read first time 01/13/2003. Referred to Committee on Parks, Fish &
Wildlife.


AN ACT Relating to fish and wildlife infractions; amending RCW 77.15.130,
77.15.140, 77.15.170, 77.15.180, 77.15.190, 77.15.220, 77.15.230, 77.15.240,
77.15.280, 77.15.290, 77.15.330, 77.15.380, 77.15.400, 77.15.430, 77.15.440, and
77.15.460; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 77.15.130 and 1998 c 190 s 14 are each amended to read as
follows:
(1) A person is guilty of unlawful taking of protected fish or wildlife if:
(a) The person hunts, fishes, possesses, or maliciously kills protected
fish or wildlife, or the person possesses or maliciously destroys the eggs or
nests of protected fish or wildlife, and the taking has not been authorized by
rule of the commission; or
(b) The person violates any rule of the commission regarding the taking,
harming, harassment, possession, or transport of protected fish or wildlife.
(2) Unlawful taking of protected fish or wildlife is (({- a misdemeanor -
})) {+ an infraction, to be cited and punished as provided under chapter 7.84
RCW +}.

Sec. 2. RCW 77.15.140 and 1998 c 190 s 15 are each amended to read as
follows:
(1) A person is guilty of unlawful taking of unclassified fish or wildlife
if:
(a) The person kills, hunts, fishes, takes, holds, possesses, transports,
or maliciously injures or harms fish or wildlife that is not classified as big
game, game fish, game animals, game birds, food fish, shellfish, protected
wildlife, or endangered wildlife; and
(b) The act violates any rule of the commission or the director.
(2) Unlawful taking of unclassified fish or wildlife is (({- a misdemeanor
-})) {+ an infraction, to be cited and punished as provided under chapter 7.84
RCW +}.

Sec. 3. RCW 77.15.170 and 1999 c 258 s 5 are each amended to read as
follows:
(1) A person is guilty of waste of fish and wildlife in the second degree
if:
(a) The person kills, takes, or possesses fish, shellfish, or wildlife and
the value of the fish, shellfish, or wildlife is greater than twenty dollars but
less than two hundred fifty dollars; and
(b) The person recklessly allows such fish, shellfish, or wildlife to be
wasted.
(2) A person is guilty of waste of fish and wildlife in the first degree
if:
(a) The person kills, takes, or possesses fish, shellfish, or wildlife
having a value of two hundred fifty dollars or more or wildlife classified as
big game; and
(b) The person recklessly allows such fish, shellfish, or wildlife to be
wasted.
(3)(a) Waste of fish and wildlife in the second degree is (({- a
misdemeanor -})) {+ an infraction, to be cited and punished as provided under
chapter 7.84 RCW +}.
(b) Waste of fish and wildlife in the first degree is a gross misdemeanor.
Upon conviction, the department shall revoke any license or tag used in the
crime and shall order suspension of the person's privileges to engage in the
activity in which the person committed waste of fish and wildlife in the first
degree for a period of one year.
(4) It is prima facie evidence of waste if a processor purchases or engages
a quantity of food fish, shellfish, or game fish that cannot be processed within
sixty hours after the food fish, game fish, or shellfish are taken from the
water, unless the food fish, game fish, or shellfish are preserved in good
marketable condition.

Sec. 4. RCW 77.15.180 and 2001 c 253 s 29 are each amended to read as
follows:
(1) A person is guilty of unlawful interference with fishing or hunting
gear in the second degree if the person:
(a) Takes or releases a wild animal from another person's trap without
permission;
(b) Springs, pulls up, damages, possesses, or destroys another person's
trap without the owner's permission; or
(c) Interferes with recreational gear used to take fish or shellfish.
(2) Unlawful interference with fishing or hunting gear in the second degree
is (({- a misdemeanor -})) {+ an infraction, to be cited and punished as
provided under chapter 7.84 RCW +}.
(3) A person is guilty of unlawful interference with fishing or hunting
gear in the first degree if the person:
(a) Takes or releases fish or shellfish from commercial fishing gear
without the owner's permission; or
(b) Intentionally destroys or interferes with commercial fishing gear.
(4) Unlawful interference with fishing or hunting gear in the first degree
is a gross misdemeanor.
(5) A person is not in violation of unlawful interference with fishing or
hunting gear if the person removes a trap placed on property owned, leased, or
rented by the person.

Sec. 5. RCW 77.15.190 and 1999 c 258 s 9 are each amended to read as
follows:
(1) A person is guilty of unlawful trapping if the person:
(a) Sets out traps that are capable of taking wild animals, game animals,
or furbearing mammals and does not possess all licenses, tags, or permits
required under this title;
(b) Violates any rule of the commission or director regarding seasons, bag
or possession limits, closed areas including game reserves, closed times, or any
other rule governing the trapping of wild animals; or
(c) Fails to identify the owner of the traps or devices by neither (i)
attaching a metal tag with the owner's department-assigned identification number
or the name and address of the trapper legibly written in numbers or letters not
less than one-eighth inch in height nor (ii) inscribing into the metal of the
trap such number or name and address.
(2) Unlawful trapping is (({- a misdemeanor -})) {+ an infraction, to be
cited and punished as provided under chapter 7.84 RCW +}.

Sec. 6. RCW 77.15.220 and 1998 c 190 s 25 are each amended to read as
follows:
(1) A person is guilty of unlawful posting if the individual posts signs
preventing hunting or fishing on any land not owned or leased by the individual,
or without the permission of the person who owns, leases, or controls the land
posted.
(2) Unlawful posting is (({- a misdemeanor -})) {+ an infraction, to be
cited and punished as provided under chapter 7.84 RCW +}.

Sec. 7. RCW 77.15.230 and 1999 c 258 s 6 are each amended to read as
follows:
(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 -
})) {+ an infraction, to be cited and punished as provided under chapter 7.84
RCW +}.

Sec. 8. RCW 77.15.240 and 1998 c 190 s 30 are each amended to read as
follows:
(1) A person is guilty of unlawful use of dogs if the person:
(a) Negligently fails to prevent a dog under the person's control from
pursuing or injuring deer, elk, or an animal classified as endangered under this
title;
(b) Uses the dog to hunt deer or elk; or
(c) During the closed season for a species of game animal or game bird,
negligently fails to prevent the dog from pursuing such animal or destroying the
nest of a game bird.
(2) Unlawful use of dogs is (({- a misdemeanor -})) {+ an infraction, to
be cited and punished as provided under chapter 7.84 RCW +}. A dog that is the
basis for a violation of this section may be declared a public nuisance.

Sec. 9. RCW 77.15.280 and 1998 c 190 s 47 are each amended to read as
follows:
(1){+ (a) +} A person is guilty of violating rules requiring reporting of
fish or wildlife harvest {+ in the first degree +} if the person:
(({- (a) -})) {+ (i) +} Fails to make a harvest log report of a commercial
fish or shellfish catch in violation of any rule of the commission or the
director; {+ or +}
(({- (b) -})) {+ (ii) +} Fails to maintain a trapper's report or
taxidermist ledger in violation of any rule of the commission or the
director(({- ;
(c) Fails to submit any portion of a big game animal for a required
inspection required by rule of the commission or the director; or
(d) Fails to return a catch record card or wildlife harvest report to the
department as required by rule of the commission or director -})).
(({- (2) -})) {+ (b) +} Violating rules requiring reporting of fish or
wildlife harvest {+ in the first degree +} is a misdemeanor.
{+ (2)(a) A person is guilty of violating rules requiring reporting of fish
or wildlife harvest in the second degree if the person:
(i) Fails to submit any portion of a big game animal for a required
inspection required by rule of the commission or the director; or
(ii) Fails to return a catch record card or wildlife harvest report to the
department as required by rule of the commission or director.
(b) Violating rules requiring reporting of fish or wildlife harvest in the
second degree is an infraction, to be cited and punished as provided under
chapter 7.84 RCW. +}

Sec. 10. RCW 77.15.290 and 2002 c 281 s 7 are each amended to read as
follows:
(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 rule of the commission or the director 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 two hundred fifty dollars; or
(b) Possesses but fails to affix or notch a big game transport tag as
required by rule of the commission or director.
(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 rule of the commission or the director 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 two hundred
fifty dollars 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 -})) {+ an infraction, to be cited and punished as provided
under chapter 7.84 RCW +}.
(b) Unlawful transportation of fish or wildlife in the first degree is a
gross misdemeanor.
(4) A person is guilty of unlawful transport of aquatic plants if the
person transports aquatic plants on any state or public road, including forest
roads, except as provided in this section.
(5) Unless otherwise prohibited by law, a person may transport aquatic
plants:
(a) To the department, or to another destination designated by the
director, in a manner designated by the department, for purposes of identifying
a species or reporting the presence of a species;
(b) When legally obtained for aquarium use, wetland or lakeshore
restoration, or ornamental purposes;
(c) When transporting a commercial aquatic plant harvester to a suitable
location for purposes of removing aquatic plants;
(d) In a manner that prevents their unintentional dispersal, to a suitable
location for disposal, research, or educational purposes; or
(e) As the commission may otherwise prescribe.
(6) Unlawful transport of aquatic plants is (({- a misdemeanor -})) {+ an
infraction, to be cited and punished as provided under chapter 7.84 RCW +}.

Sec. 11. RCW 77.15.330 and 2001 c 253 s 36 are each amended to read as
follows:
(1) A person is guilty of unlawfully holding a hunting or fishing contest
if the person:
(a) Conducts, holds, or sponsors a hunting contest, a fishing contest
involving game fish, or a competitive field trial using live wildlife without
the permit required by RCW 77.65.480; or
(b) Violates any rule of the commission or the director applicable to a
hunting contest, fishing contest involving game fish, or a competitive field
trial using live wildlife.
(2) Unlawfully holding a hunting or fishing contest is (({- a misdemeanor -
})) {+ an infraction, to be cited and punished as provided under chapter 7.84
RCW +}.

Sec. 12. RCW 77.15.380 and 2001 c 253 s 39 are each amended to read as
follows:
(1) A person is guilty of unlawful recreational fishing in the second
degree if the person fishes for, takes, possesses, or harvests fish or shellfish
and:
(a) The person does not have and possess the license or the catch record
card required by chapter 77.32 RCW for such activity; or
(b) The action violates any rule of the commission or the director
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 or possession of fish, except for use of a net to
take fish as provided for in RCW 77.15.580.
(2) Unlawful recreational fishing in the second degree is (({- a
misdemeanor -})) {+ an infraction, to be cited and punished as provided under
chapter 7.84 RCW +}.

Sec. 13. RCW 77.15.400 and 2001 c 253 s 41 are each amended to read as
follows:
(1) A person is guilty of unlawful hunting of wild birds in the second
degree if the person:
(a) Hunts for, takes, or possesses a wild bird and the person does not have
and possess all licenses, tags, stamps, and permits required under this title;
(b) Maliciously destroys, takes, or harms the eggs or nests of a wild bird
except when authorized by permit;
(c) Violates any rule of the commission or director regarding seasons, bag
or possession limits but less than two times the bag or possession limit, closed
areas, closed times, or other rule addressing the manner or method of hunting
or possession of wild birds; or
(d) Possesses a wild bird taken during a closed season for that wild bird
or taken from a closed area for that wild bird.
(2) 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 rule of the commission or director.
(3)(a) Unlawful hunting of wild birds in the second degree is (({- a
misdemeanor -})) {+ an infraction, to be cited and punished as provided under
chapter 7.84 RCW +}.
(b) Unlawful hunting of wild birds in the first degree is a gross
misdemeanor.

Sec. 14. RCW 77.15.430 and 1999 c 258 s 4 are each amended to read as
follows:
(1) A person is guilty of unlawful hunting of wild animals in the second
degree if the person:
(a) Hunts for, takes, or possesses a wild animal that is not classified as
big game, and does not have and possess all licenses, tags, or permits required
by this title;
(b) Violates any rule of the commission or director regarding seasons, bag
or possession limits but less than two times the bag or possession limit, closed
areas including game reserves, closed times, or other rule addressing the manner
or method of hunting or possession of wild animals not classified as big game;
or
(c) Possesses a wild animal that is not classified as big game taken during
a closed season for that wild animal or from a closed area for that wild animal.
(2) 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 rule of the commission or director.
(3)(a) Unlawful hunting of wild animals in the second degree is (({- a
misdemeanor -})) {+ an infraction, to be cited and punished as provided under
chapter 7.84 RCW +}.
(b) Unlawful hunting of wild animals in the first degree is a gross
misdemeanor.

Sec. 15. RCW 77.15.440 and 1998 c 190 s 12 are each amended to read as
follows:
(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 -})) {+ an infraction, to be cited and punished as provided under
chapter 7.84 RCW +}.

Sec. 16. RCW 77.15.460 and 1999 c 258 s 7 are each amended to read as
follows:
(1){+ (a) +} A person is guilty of unlawful possession of a loaded firearm
in a motor vehicle if:
(({- (a) -})) {+ (i) +} The person carries, transports, conveys, possesses,
or controls a rifle or shotgun in or on a motor vehicle; and
(({- (b) -})) {+ (ii) +} The rifle or shotgun contains shells or cartridges
in the magazine or chamber, or is a muzzle-loading firearm that is loaded and
capped or primed.
{+ (b) Unlawful possession of a loaded firearm in a motor vehicle is an
infraction, to be cited and punished as provided under chapter 7.84 RCW. +}
(2){+ (a) +} A person is guilty of unlawful use of a loaded firearm if the
person negligently shoots a firearm from, across, or along the maintained
portion of a public highway.
(({- (3) -})) {+ (b) +} Unlawful (({- possession of a loaded firearm in a
motor vehicle or unlawful -})) use of a loaded firearm is a misdemeanor.
(({- (4) -})) {+ (3) +} 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) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and
complies with all rules of the department concerning hunting by persons with
disabilities.
(({- (5) -})) {+ (4) +} For purposes of this section, a firearm shall not
be considered loaded if the detachable clip or magazine is not inserted in or
attached to the firearm.