Originally Posted By: eyeFISH
So Larry, does that say a guy has to be a repeat offender to count as a "first degree" offense?


Caveat: I am not an attorney (my brother is - but not consulted for this - he charges too much).

If one is talking about State listed endangered wildlife my reading of the regs results in a YES to your question. Has to have a prior endangered wildlife conviction within the past 5 years (a misdemeanor) in order for the next conviction to be classified as a first degree (Class C felony) with resulting penalty.

That may be why the guide in question did not have his license suspended - no other endangered wildlife conviction within the past 5 years.

Edit: Note that for the Class C felony the word "shall" is used to direct revocation/suspension of license. However, I recall that elsewhere in the RCW there is language about appealing a suspension within 20 days of notification - administrative remedy if you will.


Edited by Larry B (12/03/16 01:24 PM)
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