reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.080 - Fish and wildlife officers and ex officio fish and wildlife officers—Inspection authority.

RCW 77.15.080
Fish and wildlife officers and ex officio fish and wildlife officers—Inspection authority.
Based upon articulable facts that a person is engaged in fishing, harvesting, or hunting activities, fish and wildlife officers and ex officio 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. Fish and wildlife officers and ex officio fish and wildlife officers also may request that the person write his or her signature for comparison with the signature on his or her fishing, harvesting, or hunting license. Failure to comply with the request is prima facie evidence that the person is not the person named on the license. Fish and wildlife officers and ex officio fish and wildlife officers may require the person, if age sixteen or older, to exhibit a driver's license or other photo identification.
[ 2014 c 202 § 303; 2014 c 48 § 3; 2012 c 176 § 9; 2002 c 281 § 8. Prior: 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 2014 c 48 § 3 and by 2014 c 202 § 303, 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).
Findings—2014 c 202: See note following RCW 77.135.010.
Purpose—2002 c 281: See note following RCW 77.08.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.085 - Seizure without warrant.

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, shellfish, and covered animal species parts and products they have probable cause to believe have been taken, transported, or possessed in violation of this title or rule of the commission or director.
[ 2016 c 2 § 4 (Initiative Measure No. 1401, approved November 3, 2015); 2000 c 107 § 232.]
NOTES:
Finding—2016 c 2 (Initiative Measure No. 1401): See note following RCW 77.15.135.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.090 - Search, arrest warrant—Issuance—Execution.

RCW 77.15.090
Search, arrest warrant—Issuance—Execution.
On a showing of probable cause that there has been a violation of any fish, seaweed, shellfish, or wildlife law of the state of Washington, or upon a showing of probable cause to believe that evidence of such violation may be found at a place, a court shall issue a search warrant or arrest warrant. Fish and wildlife officers may execute any such arrest or search warrant reasonably necessary to their duties under this title and may seize fish, seaweed, shellfish, and wildlife or any evidence of a crime and the fruits or instrumentalities of a crime as provided by warrant. The court may have a building, enclosure, vehicle, vessel, container, or receptacle opened or entered and the contents examined.
[ 2001 c 253 § 24; 2000 c 107 § 234; 1998 c 190 § 117; 1980 c 78 § 26; 1955 c 36 § 77.12.120. Prior: 1947 c 275 § 22; Rem. Supp. 1947 § 5992-32. Formerly RCW 77.12.120.]
NOTES:
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.092 - Arrest without warrant.

RCW 77.15.092
Arrest without warrant.
Fish and wildlife officers and ex officio fish and wildlife officers may arrest without warrant persons found violating the law or rules adopted pursuant to this title.
[ 2000 c 107 § 213; 1998 c 190 § 114; 1987 c 506 § 19; 1980 c 78 § 20; 1971 ex.s. c 173 § 2; 1961 c 68 § 3; 1955 c 36 § 77.12.080. Prior: 1947 c 275 § 18; Rem. Supp. 1947 § 5992-28. Formerly RCW 77.12.080.]
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.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.094 - Search without warrant—Seizure of evidence, property—Limitation.

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.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.096 - Inspection without warrant—Commercial fish and wildlife entities—Limitations.

RCW 77.15.096
Inspection without warrant—Commercial fish and wildlife entities—Limitations.
(1) Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner:
(a) The premises, containers, fishing equipment, fish, seaweed, shellfish, and wildlife of any commercial fisher or wholesale dealer or fish dealer; and
(b) Records required by the department of any commercial fisher or wholesale fish buyer or fish dealer.
(2) Fish and wildlife officers and ex officio fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner:
(a) The premises, containers, fishing equipment, fish, shellfish, wildlife, or covered animal species of any person trafficking or otherwise distributing or receiving fish, shellfish, wildlife, or covered animal species;
(b) Records required by the department of any person trafficking or otherwise distributing or receiving fish, shellfish, wildlife, or covered animal species;
(c) Any cold storage plant that a fish and wildlife officer has probable cause to believe contains fish, shellfish, or wildlife;
(d) The premises, containers, fish, shellfish, wildlife, or covered animal species of any taxidermist or fur buyer; or
(e) The records required by the department of any taxidermist or fur buyer.
(3) Fish and wildlife officers may inspect without warrant, at reasonable times and in a reasonable manner, 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.
(4) Authority granted under this section 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.
[ 2017 3rd sp.s. c 8 § 5; 2002 c 128 § 5; 2001 c 253 § 26; 1998 c 190 § 116; 1982 c 152 § 1; 1980 c 78 § 22. Formerly RCW 77.12.095.]
NOTES:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.098 - Willful misconduct/gross negligence—Civil liability.

RCW 77.15.098
Willful misconduct/gross negligence—Civil liability.
(1) An authorized state, county, or municipal officer may be subject to civil liability under RCW 77.15.070 for willful misconduct or gross negligence in the performance of his or her duties.
(2) The director, the fish and wildlife commission, or the department may be subject to civil liability for their willful or reckless misconduct in matters involving the seizure and forfeiture of personal property involved with fish or wildlife offenses.
[ 2000 c 107 § 215; 1993 sp.s. c 2 § 68; 1989 c 314 § 3. Formerly RCW 77.12.103.]
NOTES:
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Finding—1989 c 314: "In order to improve the enforcement of wildlife laws it is important to increase the penalties upon poachers by seizing the conveyances and gear that are used in poaching activities and to cause forfeiture of those items to the department." [ 1989 c 314 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.120 - Endangered fish or wildlife—Unlawful taking—Penalty.

RCW 77.15.120
Endangered fish or wildlife—Unlawful taking—Penalty.
(1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if:
(a) The person hunts for, fishes for, possesses, maliciously harasses, or kills fish or wildlife, or possesses or intentionally destroys the nests or eggs of fish or wildlife;
(b) The fish or wildlife is designated by the commission as endangered; and
(c) The taking of the fish or wildlife or the destruction of the nests or eggs has not been authorized by rule of the commission, a permit issued by the department, or a permit issued pursuant to the federal endangered species act.
(2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been:
(a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the taking, possessing, or malicious harassment of endangered fish or wildlife; and
(b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section.
(3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor.
(b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title to be suspended for two years.
[ 2014 c 48 § 5; 2000 c 107 § 236; 1998 c 190 § 13.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.150 - Poison or explosives—Unlawful use—Penalty.

RCW 77.15.150
Poison or explosives—Unlawful use—Penalty.
(1) A person is guilty of unlawful use of poison or explosives if:
(a) The person lays out, sets out, or uses a drug, poison, or other deleterious substance that kills, injures, harms, or endangers fish, shellfish, or wildlife, except if the person is using the substance in compliance with federal and state laws and label instructions; or
(b) The person lays out, sets out, or uses an explosive that kills, injures, harms, or endangers fish, shellfish, or wildlife, except if authorized by law or permit of the director.
(2) Unlawful use of poison or explosives is a gross misdemeanor.
[ 2001 c 253 § 28; 1998 c 190 § 16.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.170 - Waste of fish and wildlife—Penalty.

RCW 77.15.170
Waste of fish and wildlife—Penalty.
(1) A person is guilty of waste of fish and wildlife if the person:
(a) Takes or possesses wildlife classified as food fish, game fish, shellfish, or game birds having a value of two hundred fifty dollars or more, or wildlife classified as big game; and
(b) Recklessly allows such fish, shellfish, or wildlife to be wasted.
(2) Waste of fish and wildlife 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 for a period of one year.
(3) It is prima facie evidence of waste if:
(a) A fish dealer 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; or
(b) A person brings a big game animal to a wildlife meat cutter and then abandons the animal. For purposes of this subsection (3)(b), a big game animal is deemed to be abandoned when its carcass is placed in the custody of a wildlife meat cutter for butchering and processing and:
(i) Having been placed in such custody for an unspecified period of time, the meat is not removed within thirty days after the wildlife meat cutter gives notice to the person who brought in the carcass or, having been so notified, the person who brought in the carcass refuses or fails to pay the agreed upon or reasonable charges for the butchering or processing of the carcass; or
(ii) Having been placed in such custody for a specified period of time, the meat is not removed at the end of the specified period or the person who brought in the carcass refuses to pay the agreed upon or reasonable charges for the butchering or processing of the carcass.
[ 2017 3rd sp.s. c 8 § 9; 2014 c 48 § 8; 2012 c 176 § 16; 1999 c 258 § 5; 1998 c 190 § 21.]
NOTES:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.180 - Unlawful interference with fishing or hunting gear—Penalty.

RCW 77.15.180
Unlawful interference with fishing or hunting gear—Penalty.
(1) A person is guilty of unlawful interference with fishing or hunting gear in the second degree if the person:
(a) Removes 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.
(3) A person is guilty of unlawful interference with fishing or hunting gear in the first degree if the person:
(a) Removes 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.
[ 2014 c 48 § 9; 2001 c 253 § 29; 1998 c 190 § 22.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.190 - Unlawful trapping—Penalty.

RCW 77.15.190
Unlawful trapping—Penalty.
(1) A person is guilty of unlawful trapping if the person:
(a) Sets out traps that are capable of taking wild animals, wild birds, game animals, or furbearing mammals and does not possess the licenses, tags, or permits required under this title;
(b) Violates any department rule regarding seasons, bag, or possession limits, closed areas including game reserves, closed times, or any other rule governing the trapping of wild animals or wild birds, with the exception of reporting rules; 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.
[ 2014 c 48 § 10; 2012 c 176 § 17; 1999 c 258 § 9; 1998 c 190 § 34.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.191 - Revocation of trapper's license—Placement of unauthorized traps.

RCW 77.15.191
Revocation of trapper's license—Placement of unauthorized traps.
The director may revoke the trapper's license of a person placing unauthorized traps on private property and may remove those traps.
[ 2000 c 107 § 268; 1987 c 372 § 4. Formerly RCW 77.65.470, 77.32.199.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.192 - Definitions.

RCW 77.15.192
Definitions.
The definitions in this section apply throughout RCW 77.15.194 through 77.15.198.
(1) "Animal" means any nonhuman vertebrate.
(2) "Body-gripping trap" means a trap that grips an animal's body or body part. Body-gripping trap includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, Conibear traps, neck snares, and nonstrangling foot snares. Cage and box traps, suitcase-type live beaver traps, and common rat and mouse traps are not considered body-gripping traps.
(3) "Person" means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental instrumentality.
(4) "Raw fur" means a pelt that has not been processed for purposes of retail sale.
(5) "Animal problem" means any animal that threatens or damages timber or private property or threatens or injures livestock or any other domestic animal.
[ 2001 c 1 § 2 (Initiative Measure No. 713, approved November 7, 2000).]
NOTES:
Finding—2001 c 1 (Initiative Measure No. 713): "The people of the state of Washington find that this act is necessary in order to protect people and domestic pets and to protect and conserve wildlife from the dangers of cruel and indiscriminate steel-jawed leghold traps and poisons, and to encourage the use of humane methods of trapping when trapping is necessary to ensure public health and safety, protect livestock or property, safeguard threatened and endangered species, or conduct field research on wildlife." [ 2001 c 1 § 1 (Initiative Measure No. 713, approved November 7, 2000).]
Severability—2001 c 1 (Initiative Measure No. 713): "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2001 c 1 § 6 (Initiative Measure No. 713, approved November 7, 2000).]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.196 - Unlawful poison—Penalty.

RCW 77.15.196
Unlawful poison—Penalty.
(1) It is unlawful to poison or attempt to poison any animal using sodium fluoroacetate, also known as compound 1080, or sodium cyanide.
(2) A person violating this section is guilty of a gross misdemeanor.
[ 2003 c 53 § 375; 2001 c 1 § 4 (Initiative Measure No. 713, approved November 7, 2000).]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Severability—2001 c 1 (Initiative Measure No. 713): See notes following RCW 77.15.192.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.198 - Violation of RCW 77.15.194 or 77.15.196—Penalty.

RCW 77.15.198
Violation of RCW 77.15.194 or 77.15.196—Penalty.
In addition to appropriate criminal penalties, the director shall revoke the trapping license of any person convicted of a violation of RCW 77.15.194 or 77.15.196. The director shall not issue the violator a trapping license for a period of five years following the revocation. Following a subsequent conviction for a violation of RCW 77.15.194 or 77.15.196 by the same person, the director shall not issue a trapping license to the person at any time.
[ 2003 c 53 § 376; 2001 c 1 § 5 (Initiative Measure No. 713, approved November 7, 2000).]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Severability—2001 c 1 (Initiative Measure No. 713): See notes following RCW 77.15.192.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.210 - Obstructing the taking of fish, shellfish, or wildlife—Penalty.

RCW 77.15.210
Obstructing the taking of fish, shellfish, or wildlife—Penalty.
(1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person:
(a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or
(b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.
(2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.
(3) It is an affirmative defense to a prosecution for obstructing the taking of fish, shellfish, or wildlife that the person charged was:
(a) Interfering with a person engaged in hunting outside the legally established hunting season; or
(b) Preventing or attempting to prevent unauthorized trespass on private property.
(4) The person raising a defense under subsection (3) of this section has the burden of proof by a preponderance of the evidence.
[ 2001 c 253 § 30; 1998 c 190 § 24.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.212 - Damages due to violation of RCW 77.15.210—Civil action.

RCW 77.15.212
Damages due to violation of RCW 77.15.210—Civil action.
Any person who is damaged by any act prohibited in RCW 77.15.210 may bring a civil action to enjoin further violations, and recover damages sustained, including a reasonable attorneys' fee. The trial court may increase the award of damages to an amount not to exceed three times the damages sustained. A party seeking civil damages under this section may recover upon proof of a violation by a preponderance of the evidence. The state of Washington may bring a civil action to enjoin violations of this section.
[ 2000 c 107 § 238.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.230 - Department lands or facilities—Unlawful use—Penalty.

RCW 77.15.230
Department lands or facilities—Unlawful use—Penalty.
(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.
[ 1999 c 258 § 6; 1998 c 190 § 26.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.240 - Unlawful use of dogs—Penalty—Authority to take or destroy a dog—Certain hazing activities permitted.

RCW 77.15.240
Unlawful use of dogs—Penalty—Authority to take or destroy a dog—Certain hazing activities permitted.
(1)(a) A person is guilty of unlawful use of dogs if the person:
(i) Negligently fails to prevent a dog under the person's control from pursuing, harassing, attacking, or killing deer, elk, moose, caribou, mountain sheep, or animals classified as endangered under this title; or
(ii) Uses the dog to hunt deer or elk.
(b) For the purposes of this subsection, a dog is "under a person's control" if the dog is owned or possessed by, or in the custody of, a person.
(2) Unlawful use of dogs is a misdemeanor.
(3)(a) Based on a reasonable belief that a dog is pursuing, harassing, attacking, or killing a deer, elk, moose, caribou, mountain sheep, or animals classified as protected or endangered under this title, fish and wildlife officers and ex officio fish and wildlife officers may:
(i) Lawfully take a dog into custody; or
(ii) If necessary to avoid repeated harassment, injury, or death of wildlife under this section, destroy the dog.
(b) Fish and wildlife officers and ex officio fish and wildlife officers who destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions.
(4)(a) This section does not apply to a person using a dog to conduct a department-approved and controlled hazing activity, as long as the person prevents or minimizes physical contact between the dog and the wildlife, and the hazing is being done only for the purposes of wildlife control and the prevention of damage to commercial crops.
(b) For the purposes of this subsection, "hazing" means the act of chasing or herding wildlife in an effort to move them from one location to another.
[ 2014 c 48 § 11; 2012 c 176 § 18; 1998 c 190 § 30.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.250 - Unlawful release or possession of fish, shellfish, or wildlife—Penalty—Unlawful release of deleterious exotic wildlife—Penalty.

RCW 77.15.250
Unlawful release or possession of fish, shellfish, or wildlife—Penalty—Unlawful release of deleterious exotic wildlife—Penalty.
(1)(a) A person is guilty of unlawfully releasing, planting, possessing, or placing fish, shellfish, or wildlife if the person knowingly releases, plants, possesses, or places live fish, shellfish, wildlife, or aquatic plants within the state in violation of this title or rule of the department, and the fish, shellfish, or wildlife have not been classified as deleterious wildlife. This subsection does not apply to a release of game fish into private waters for which a game fish stocking permit has been obtained, or the planting of fish or shellfish by permit of the commission.
(b) A violation of this subsection is a gross misdemeanor. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, aquatic plants, wildlife, or progeny unlawfully released, planted, possessed, or placed. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, or controlling the fish, shellfish, aquatic plants, wildlife, or progeny unlawfully released, planted, possessed, or placed, or the costs of habitat restoration necessitated by the unlawful release, planting, possession, or placing.
(2)(a) A person is guilty of unlawfully releasing, planting, possessing, or placing deleterious exotic wildlife if the person knowingly releases, plants, possesses, or places live fish, shellfish, or wildlife within the state in violation of this title or rule of the department, and the fish, shellfish, or wildlife have been classified as deleterious exotic wildlife by rule of the commission.
(b) A violation of this subsection is a class C felony. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, wildlife, or progeny unlawfully released, planted, possessed, or placed. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, or controlling the fish, shellfish, wildlife, or progeny unlawfully released, planted, possessed, or placed, or the costs of habitat restoration necessitated by the unlawful release, planting, possession, or placing.
[ 2014 c 48 § 12; 2001 c 253 § 32; 1998 c 190 § 31.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.260 - Unlawful trafficking in fish, shellfish, or wildlife—Penalty.

RCW 77.15.260
Unlawful trafficking in fish, shellfish, or wildlife—Penalty.
(1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree if the person traffics in fish, shellfish, or wildlife with a wholesale value of less than two hundred fifty dollars and:
(a) The fish, shellfish, or wildlife is classified as game, food fish, shellfish, game fish, or protected wildlife and the trafficking is not authorized by statute or department rule; or
(b) The fish, shellfish, or wildlife is unclassified and the trafficking violates any department rule.
(2)(a) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the first degree if the person commits the act described by subsection (1) of this section and:
(i) The fish, shellfish, or wildlife has a value of two hundred fifty dollars or more; or
(ii) The fish, shellfish, or wildlife is designated as an endangered species or deleterious exotic wildlife and such trafficking is not authorized by any statute or department rule.
(b) For purposes of this subsection (2), whenever any series of transactions that constitute unlawful trafficking would, when considered separately, constitute unlawful trafficking in the second degree due to the value of the fish, shellfish, or wildlife, and the series of transactions are part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all the transactions considered when determining the degree of unlawful trafficking involved.
(3)(a) Unlawful trafficking in fish, shellfish, or wildlife in the second degree is a class C felony.
(b) Unlawful trafficking in fish, shellfish, or wildlife in the first degree is a class B felony.
[ 2015 c 141 § 1; 2012 c 176 § 19; 2001 c 253 § 33; 1998 c 190 § 42.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.265 - Unlawful possession of fish, shellfish, or wildlife knowingly taken in violation of another state's or country's laws—Penalty.

RCW 77.15.265
Unlawful possession of fish, shellfish, or wildlife knowingly taken in violation of another state's or country's laws—Penalty.
(1) It is unlawful for any person to possess in Washington any fish, shellfish, or wildlife that the person knows was taken in another state or country in violation of that state's or country's laws or regulations relating to licenses or tags, seasons, areas, methods, or bag or possession limits.
(2) As used in this section, the terms "fish," "shellfish," and "wildlife" have the meaning ascribed to those terms in the applicable law or regulation of the state or country of the fish's, shellfish's, or wildlife's origin.
(3) Unlawful possession of fish, shellfish, or wildlife taken or possessed in violation of another state's or country's laws or regulations is a gross misdemeanor.
[ 2014 c 48 § 24.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.270 - Providing false information—Penalty.

RCW 77.15.270
Providing false information—Penalty.
(1) A person is guilty of providing false information regarding fish, shellfish, or wildlife if the person knowingly provides false or misleading information required by any statute or rule to be provided to the department regarding the taking, delivery, possession, transportation, sale, transfer, or any other use of fish, shellfish, or wildlife.
(2) Providing false information regarding fish, shellfish, or wildlife is a gross misdemeanor.
[ 2001 c 253 § 34; 1998 c 190 § 46.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.280 - Reporting of fish or wildlife harvest—Rules violation—Penalty.

RCW 77.15.280
Reporting of fish or wildlife harvest—Rules violation—Penalty.
(1) A person is guilty of violating rules requiring reporting of fish or wildlife harvest if the person:
(a) Fails to make a harvest log report of a commercial fish or shellfish catch in violation of any department rule; or
(b) Fails to submit any portion of a big game animal for an inspection as required by department rule.
(2) Violating rules requiring reporting of fish or wildlife harvest is a misdemeanor.
[ 2012 c 176 § 20; 2008 c 244 § 2; 2005 c 418 § 2; 1998 c 190 § 47.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.290 - Unlawful transportation of fish or wildlife—Penalty.

RCW 77.15.290
Unlawful transportation of fish or wildlife—Penalty.
(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 department rule 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 department rule.
(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 department rule 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.
(b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor.
(4) This section does not apply to invasive species.
[ 2014 c 202 § 304; 2012 c 176 § 21; 2007 c 350 § 6; 2002 c 281 § 7; 2001 c 253 § 35; 1998 c 190 § 48.]
NOTES:
Findings—2014 c 202: See note following RCW 77.135.010.
Purpose—2002 c 281: See note following RCW 77.08.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.300 - Unlawful hydraulic project activities—Penalty.

RCW 77.15.300
Unlawful hydraulic project activities—Penalty.
(1) A person is guilty of unlawfully undertaking hydraulic project activities if the person constructs any form of hydraulic project or performs other work on a hydraulic project and:
(a) Fails to have a hydraulic project approval required under chapter 77.55 RCW for such construction or work; or
(b) Violates any requirements or conditions of the hydraulic project approval for such construction or work.
(2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor.
[ 2000 c 107 § 239; 1998 c 190 § 52.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.310 - Unlawful failure to use or maintain approved fish guard on water diversion device—Penalty.

RCW 77.15.310
Unlawful failure to use or maintain approved fish guard on water diversion device—Penalty.
(1) A person is guilty of unlawful failure to use or maintain an approved fish guard on a diversion device if the person owns, controls, or operates a device used for diverting or conducting water from a lake, river, or stream and:
(a) The device is not equipped with a fish guard, screen, or bypass approved by the director as required by RCW 77.57.010 or 77.57.070; or
(b) The person knowingly fails to maintain or operate an approved fish guard, screen, or bypass so as to effectively screen or prevent fish from entering the intake.
(2) Unlawful failure to use or maintain an approved fish guard, screen, or bypass on a diversion device is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day that a diversion device is operated without an approved or maintained fish guard, screen, or bypass is a separate offense.
[ 2009 c 333 § 3; 2003 c 39 § 38; 2000 c 107 § 240; 1998 c 190 § 53.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.320 - Unlawful failure to provide, maintain, or operate fishway for dam or other obstruction—Penalty.

RCW 77.15.320
Unlawful failure to provide, maintain, or operate fishway for dam or other obstruction—Penalty.
(1) A person is guilty of unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction if the person owns, operates, or controls a dam or other obstruction to fish passage on a river or stream and:
(a) The dam or obstruction is not provided with a durable and efficient fishway approved by the director as required by RCW 77.57.030;
(b) Fails to maintain a fishway in efficient operating condition; or
(c) Fails to continuously supply a fishway with a sufficient supply of water to allow the free passage of fish.
(2) Unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day of unlawful failure to provide, maintain, or operate a fishway is a separate offense.
[ 2009 c 333 § 4; 2000 c 107 § 241; 1998 c 190 § 54.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.340 - Unlawful operation of a game farm—Penalty.

RCW 77.15.340
Unlawful operation of a game farm—Penalty.
(1) A person is guilty of unlawful operation of a game farm if the person (a) operates a game farm without the license required by RCW 77.65.480; or (b) violates any rule of the commission or the director applicable to game farms under RCW 77.12.570, 77.12.580, and 77.12.590.
(2) Unlawful operation of a game farm is a gross misdemeanor.
[ 2001 c 253 § 37; 1998 c 190 § 57.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.350 - Inspection and disease control of aquatic farms—Rules violation—Penalty.

RCW 77.15.350
Inspection and disease control of aquatic farms—Rules violation—Penalty.
(1) A person is guilty of violating a rule regarding inspection and disease control of aquatic farms if the person:
(a) Violates any rule adopted under chapter 77.115 RCW regarding the inspection and disease control program for an aquatic farm; or
(b) Fails to register or report production from an aquatic farm as required by chapter 77.115 RCW.
(2) A violation of a rule regarding inspection and disease control of aquatic farms is a misdemeanor.
[ 2000 c 107 § 242; 1998 c 190 § 58.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.360 - Unlawful interfering in department operations—Penalty.

RCW 77.15.360
Unlawful interfering in department operations—Penalty.
(1) A person is guilty of unlawful interfering in department operations if the person prevents department employees from carrying out duties authorized by this title, including but not limited to interfering:
(a) In the operation of department vehicles, vessels, or aircraft;
(b) With the collection of samples of tissue, fluids, or other bodily parts of fish, wildlife, and shellfish under RCW 77.12.071; or
(c) With actions authorized by a warrant issued under RCW 77.135.170 or 77.15.807.
(2) Unlawful interfering in department operations is a gross misdemeanor.
[ 2014 c 202 § 308; 2007 c 337 § 3; 2000 c 107 § 243; 1998 c 190 § 61.]
NOTES:
Findings—2014 c 202: See note following RCW 77.135.010.
Intent—Finding—2007 c 337: See note following RCW 77.12.071.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.380 - Unlawful recreational fishing in the second degree—Penalty.

RCW 77.15.380
Unlawful recreational fishing in the second degree—Penalty.
(1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for fish or shellfish and, whether or not the person possesses fish or shellfish, the person has not purchased the appropriate fishing or shellfishing license and catch record card issued to Washington residents or nonresidents under chapter 77.32 RCW.
(2) A person is guilty of unlawful recreational fishing in the second degree if the person takes or possesses fish or shellfish and:
(a) The person owns, but does not have in the person's possession, the license or the catch record card required by chapter 77.32 RCW for such activity; or
(b) The action violates any department rule 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 for, taking, or possessing fish or shellfish. This section does not apply to use of a net to take fish under RCW 77.15.580 or the unlawful use of shellfish gear for personal use under RCW 77.15.382.
(3) Unlawful recreational fishing in the second degree is a misdemeanor.
[ 2014 c 48 § 14; 2012 c 176 § 23; 2010 c 193 § 5; 2001 c 253 § 39; 2000 c 107 § 244; 1998 c 190 § 18.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.382 - Unlawful use of shellfish gear for personal use purposes—Penalty.

RCW 77.15.382
Unlawful use of shellfish gear for personal use purposes—Penalty.
(1) A person is guilty of the unlawful use of shellfish gear for personal use purposes if the person:
(a) Takes, fishes for, or possesses crab, shrimp, or crawfish for personal use purposes with shellfish gear that is constructed or altered in a manner that violates any rule of the commission relating to required gear design specifications; or
(b) Is found in possession of, upon any vessel located on the waters of the state, shellfish gear that is constructed or altered in a manner that violates any rule of the commission relating to required gear design specifications, unless a person holds a valid crab pot removal permit under RCW 77.70.500 and is in the process of transporting removed crab pots as part of the Dungeness crab pot removal program.
(2) The unlawful use of shellfish gear for personal use purposes is a misdemeanor.
[ 2010 c 193 § 2.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.390 - Seaweed—Unlawful taking—Penalty.

RCW 77.15.390
Seaweed—Unlawful taking—Penalty.
(1) A person is guilty of unlawful taking of seaweed if the person takes or possesses seaweed and:
(a) The person has not purchased a personal use shellfish and seaweed license issued to Washington residents or nonresidents under chapter 77.32 RCW; or
(b) The person takes or possesses seaweed in an amount that is two times or more of the daily possession limit of seaweed.
(2) Unlawful taking of seaweed is a misdemeanor. This does not affect rights of the state to recover civilly for trespass, conversion, or theft of state-owned valuable materials.
[ 2014 c 48 § 15; 2012 c 176 § 24; 2001 c 253 § 40; 2000 c 107 § 245; 1998 c 190 § 20.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.395 - Hunter safety—Visible clothing requirement—Penalty.

RCW 77.15.395
Hunter safety—Visible clothing requirement—Penalty.
(1) For the purpose of hunter safety, the commission must adopt rules determining the times and manner when a person hunting must wear either fluorescent orange or fluorescent pink clothing or both. The rules must allow a person hunting to wear either fluorescent orange or fluorescent pink clothing, or both, in order to meet a visible clothing requirement when hunting.
(2) A violation of this section is an infraction punishable under RCW 77.15.160.
[ 2019 c 58 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.15 - Fish and Wildlife Enforcement Code. › 77.15.400 - Unlawful hunting of wild birds—Violation of a rule requiring nontoxic shot—Penalty.

RCW 77.15.400
Unlawful hunting of wild birds—Violation of a rule requiring nontoxic shot—Penalty.
(1) A person is guilty of unlawful hunting of wild birds in the second degree if the person hunts for wild birds and, whether or not the person possesses wild birds, the person has not purchased the appropriate hunting license, tags, stamps, and permits issued to Washington residents or nonresidents under chapter 77.32 RCW.
(2) A person is guilty of unlawful hunting of wild birds in the second degree if the person takes or possesses less than two times the bag or possession limit of wild birds and the person:
(a) Owns, but does not have in the person's possession, all licenses, tags, stamps, and permits required under this title; or
(b) Violates any department rule regarding seasons, bag or possession limits, closed areas, closed times, or the manner or method of hunting or possession of wild birds.
(3) 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 department rule.
(4)(a) Unlawful hunting of wild birds in the second degree is a misdemeanor.
(b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor.
(5) In addition to the penalties set forth in this section, if a person, other than a youth as defined in RCW 77.08.010 for hunting purposes, violates a department rule that requires the use of nontoxic shot, upon conviction:
(a) The court shall require a payment of one thousand dollars as a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425. The criminal wildlife penalty assessment must be imposed regardless of and in addition to any sentence, fine, or costs imposed for violating this section. The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect; and
(b) The department shall revoke the hunting license of the person and order a suspension of small game hunting privileges for two years.
[ 2016 c 64 § 2; 2012 c 176 § 25; 2006 c 148 § 1; 2001 c 253 § 41; 1999 c 258 § 2; 1998 c 190 § 9.]