As I read the RCW 7.84 (see link below) natural resource infractions have to be paid within 15 days. An infraction is a non-criminal offense with no jail time UNLESS the penalty isn't paid within 15 days in which case the failure to respond is a misdemeanor and a person could be put in jail. A person may contest an infraction and then a court date is set. A person may request a hearing to mitigate the penalty. Penalties for infractions are set by the state Supreme Court and are updated every 2 years.

NATURAL RESOURCE INFRACTIONS

http://apps.leg.wa.gov/rcw/default.aspx?cite=7.84

CLASSIFICATION OF CRIMES

http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.20

WDFW can identify violations of their rules to be infractions. It would appear that snagging could fall under RCW 77.15.160 (1)(d) (ii), but there is a separate charge under 77.15.370 (1)(c) that specifically mentions snagging as a gross misdemeanor and assesses a criminal penalty assessment of $500 per dead wild salmon or steelhead taken in violation of the statute in addition to the fine and/or jail time. That penalty doesn't appear in the infraction section.

I'm not sure how the officer should make the call on a snagging violation, especially if wild fish are killed. A gross misdemeanor carries a fine and jail time. An infraction is just a fine unless it isn't paid.


Authority to define violation of rule as infraction

http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.020

Infractions (as amended by 2014 c 48).

http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.160

see 77.15.160 (1)(d)(ii)

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

http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.370

See section (1)(c) as there is a reference to snagging





Edited by bushbear (03/14/15 01:10 PM)
Edit Reason: added clarification