reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.36 - Marks and Brands. › 76.36.060 - Impression of mark—Presumption.

RCW 76.36.060
Impression of mark—Presumption.
All forest products and booming equipment having impressed thereupon a registered mark or brand are presumed to belong to the person appearing on the records of the department as the owner of such mark or brand. All forest products having impressed thereupon a registered catch brand are presumed to belong to the owner of the registered catch brand, unless there is impressed thereupon more than one registered catch brand, in which event they are presumed to belong to the owner whose registered catch brand was placed thereupon latest in point of time.
[ 1984 c 60 § 3; 1957 c 36 § 4; 1925 ex.s. c 154 § 6; RRS § 8381-6. Prior: 1890 p 111 § 4.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.36 - Marks and Brands. › 76.36.070 - Cancellation of registration.

RCW 76.36.070
Cancellation of registration.
The department, upon the petition of the owner of a registered mark or brand, may cancel the registration in which case the mark or brand shall be open to registration by any person subsequently applying therefor.
[ 1984 c 60 § 4; 1957 c 36 § 5; 1925 ex.s. c 154 § 7; RRS § 8381-7.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.36 - Marks and Brands. › 76.36.090 - Catch brands.

RCW 76.36.090
Catch brands.
A person desiring to use a catch brand as an identifying mark upon forest products or booming equipment purchased or lawfully acquired from another, shall before using it, make application for the registration thereof to the department in the manner prescribed for the registration of other marks or brands as herein required. The provisions contained in this chapter in reference to registration, certifications, assignment, and cancellation, and the fees to be paid to the department shall apply equally to catch brands. The certificate of the department shall designate the mark or brand as a catch brand, and the mark or brand selected by the applicant as a catch brand shall be inclosed [enclosed] in the letter C, which shall identify the mark or brand as, and shall be used only in connection with, a catch brand.
[ 1984 c 60 § 5; 1957 c 36 § 6; 1925 ex.s. c 154 § 9; RRS § 8381-9.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.36 - Marks and Brands. › 76.36.100 - Right of entry to retake branded products.

RCW 76.36.100
Right of entry to retake branded products.
The owner of any mark or brand registered as herein provided, by himself or herself or his or her duly authorized agent or representative, shall have a lawful right, at any time and in any peaceable manner, to enter into or upon any tidelands, marshes, and beaches of this state and any mill, mill yard, mill boom, rafting, or storage grounds and any forest products or raft or boom thereof, for the purpose of searching for any forest products and booming equipment having impressed thereupon or cut therein a registered mark or brand belonging to him or her and to retake any forest products and booming equipment so found by him or her.
[ 2013 c 23 § 221; 1925 ex.s. c 154 § 10; RRS § 8381-10. Prior: 1901 c 123 § 4.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.36 - Marks and Brands. › 76.36.110 - Penalty for false branding, etc.

RCW 76.36.110
Penalty for false branding, etc.
Every person is guilty of a gross misdemeanor:
(1) Except boom companies organized as corporations for the purpose of catching or reclaiming and holding or disposing of forest products for the benefit of the owners, and authorized to do business under the laws of this state, who has or takes in tow or into custody or possession or under control, without the authorization of the owner of a registered mark or brand thereupon, any forest products or booming equipment having thereupon a mark or brand registered as required by the terms of this chapter, or, with or without such authorization, any forest products or booming equipment which may be branded under the terms of this chapter with a registered mark or brand and having no registered mark or brand impressed thereupon or cut therein; or,
(2) Who impresses upon or cut in any forest products or booming equipment a mark or brand that is false, forged or counterfeit; or,
(3) Who interferes with, prevents, or obstructs the owner of any registered mark or brand, or his or her duly authorized agent or representative, entering into or upon any tidelands, marshes or beaches of this state or any mill, mill site, mill yard or mill boom or rafting or storage grounds or any forest products or any raft or boom thereof for the purpose of searching for forest products and booming equipment having impressed thereupon a registered mark or brand belonging to him or her or retaking any forest products or booming equipment so found by him or her; or,
(4) Who impresses or cuts a catch brand that is not registered under the terms of this chapter upon or into any forest products or booming equipment upon which there is a registered mark or brand as authorized by the terms of this chapter or a catch brand, whether registered or not, upon any forest products or booming equipment that was not purchased or lawfully acquired by him or her from the owner.
[ 2003 c 53 § 371; 1994 c 163 § 1; 1984 c 60 § 6; 1925 ex.s. c 154 § 11; RRS § 8381-11. Prior: 1890 p 112 § 8.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.36 - Marks and Brands. › 76.36.120 - Forgery of mark, etc.—Penalty.

RCW 76.36.120
Forgery of mark, etc.—Penalty.
Every person is guilty of a class B felony punishable according to chapter 9A.20 RCW who, with an intent to injure or defraud the owner:
(1) Shall falsely make, forge or counterfeit a mark or brand registered as herein provided and use it in marking or branding forest products or booming equipment; or,
(2) Shall cut out, destroy, alter, deface, or obliterate any registered mark or brand impressed upon or cut into any forest products or booming equipment; or,
(3) Shall sell, encumber or otherwise dispose of or deal in, or appropriate to his or her own use, any forest products or booming equipment having impressed thereupon a mark or brand registered as required by the terms of this chapter; or
(4) Shall buy or otherwise acquire or deal in any forest products or booming equipment having impressed thereupon a registered mark or brand.
[ 2003 c 53 § 372; 1925 ex.s. c 154 § 12; RRS § 8381-12. Prior: 1890 p 111 §§ 6, 7.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.36 - Marks and Brands. › 76.36.130 - Sufficiency of mark.

RCW 76.36.130
Sufficiency of mark.
A mark or brand cut in boom sticks with an ax or other sharp instrument shall be sufficient for the purposes of this chapter if it substantially conforms to the impression or drawing and written description on file with the department.
[ 1988 c 128 § 47; 1957 c 36 § 7; 1925 ex.s. c 154 § 13; RRS § 8381-13.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.36 - Marks and Brands. › 76.36.140 - Application of chapter to eastern Washington.

RCW 76.36.140
Application of chapter to eastern Washington.
In view of the different conditions existing in the logging industry of this state between the parts of the state lying respectively east and west of the crest of the Cascade mountains, forest products may be put into the water of this state or shipped on common carrier railroads without having thereon a registered mark or brand, as herein required, within that portion of the state lying east of the crest of the Cascade mountains and composed of the following counties to wit: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima; and the penalties herein provided for failure to mark or brand such forest products shall not apply: PROVIDED, That any person operating within such east portion of the state may select a mark or brand and cause it to be registered with the department pursuant to the terms of this chapter, and use it for the purpose of marking or branding forest products and booming equipment, and, in the event of the registration of such mark or brand and the use of it in marking or branding forest products or booming equipment, the provisions hereof shall apply as to the forest products and booming equipment so marked or branded.
[ 1988 c 128 § 48; 1957 c 36 § 8; 1925 ex.s. c 154 § 14; RRS § 8381-14.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.36 - Marks and Brands. › 76.36.160 - Deposit of fees—Use.

RCW 76.36.160
Deposit of fees—Use.
The department shall deposit all moneys received under this chapter in the general fund to be used exclusively for the administration of this chapter by the department.
[ 1984 c 60 § 7; 1957 c 36 § 10.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.42 - Wood Debris—Removal From Navigable Waters. › 76.42.010 - Removal of debris authorized—Enforcement of chapter—Department of natural resources.

RCW 76.42.010
Removal of debris authorized—Enforcement of chapter—Department of natural resources.
This chapter authorizes the removal of wood debris from navigable waters of the state of Washington. It shall be the duty of the department of natural resources to administer and enforce the provisions of this chapter.
[ 1973 c 136 § 2.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.42 - Wood Debris—Removal From Navigable Waters. › 76.42.020 - Definitions.

RCW 76.42.020
Definitions.
(1) "Removal" as used in this chapter shall include all activities necessary for the collection and disposal of such wood debris: PROVIDED, That nothing herein provided shall permit removal of wood debris from private property without written consent of the owner.
(2) "Wood debris" as used in this chapter is wood that is adrift on navigable waters or has been adrift thereon and stranded on beaches, marshes, or tidal and shorelands.
[ 2000 c 11 § 17; 1994 c 163 § 2; 1973 c 136 § 3.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.42 - Wood Debris—Removal From Navigable Waters. › 76.42.030 - Removal of wood debris—Authorized.

RCW 76.42.030
Removal of wood debris—Authorized.
The department of natural resources may by contract, license, or permit, or other arrangements, cause such wood debris to be removed by private contractors, department of natural resources employees, or by other public bodies. Nothing contained in this chapter shall prohibit any individual from using any nonmerchantable wood debris for his or her own personal use.
[ 2013 c 23 § 236; 1994 c 163 § 3; 1973 c 136 § 4.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.42 - Wood Debris—Removal From Navigable Waters. › 76.42.060 - Navigable waters—Unlawful to deposit wood debris into—Exception.

RCW 76.42.060
Navigable waters—Unlawful to deposit wood debris into—Exception.
It shall be unlawful to dispose of wood debris by depositing such material into any of the navigable waters of this state, except as authorized by law including any discharge or deposit allowed to be made under and in compliance with chapter 90.48 RCW and any rules duly adopted thereunder or any deposit allowed to be made under and in compliance with chapter 76.09 or 77.85 RCW and any rules duly adopted under those chapters. Violation of this section shall be a misdemeanor.
[ 2003 c 39 § 37; 1999 sp.s. c 4 § 601; 1973 c 136 § 7.]
NOTES:
Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.42 - Wood Debris—Removal From Navigable Waters. › 76.42.070 - Rules and regulations—Administration of chapter—Authority to adopt and enforce.

RCW 76.42.070
Rules and regulations—Administration of chapter—Authority to adopt and enforce.
The department of natural resources shall adopt and enforce such rules and regulations as may be deemed necessary for administering this chapter.
[ 1973 c 136 § 8.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.44 - Institute of Forest Resources. › 76.44.010 - Institute created.

RCW 76.44.010
Institute created.
There is hereby created the institute of forest resources of the state of Washington which shall operate under the authority of the board of regents of the University of Washington.
[ 1979 c 50 § 1; 1947 c 177 § 1; Rem. Supp. 1947 § 10831-1.]
NOTES:
Severability—1979 c 50: "If any provision of this amendatory 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." [ 1979 c 50 § 8.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.44 - Institute of Forest Resources. › 76.44.020 - Administration of institute.

RCW 76.44.020
Administration of institute.
The institute of forest resources shall be administered and directed by the director of the school of forest resources at the University of Washington.
[ 2011 c 187 § 3; 1988 c 81 § 21; 1979 c 50 § 2; 1959 c 306 § 1; 1947 c 177 § 2; Rem. Supp. 1947 § 10831-2.]
NOTES:
Findings—Intent—2011 c 187: "(1) The legislature finds that there are many challenges facing the forest sector, such as climate change, loss of forest cover in rural and urban areas, forest health and fire risks, the development of environmental service markets, the enhancement of habitat and biodiversity, timber and water supply, restoration of forest ecosystems, and the economic health of forest-dependent communities that rely on the retention of working forests.
(2) The legislature further finds that these forest issues, which occur in both rural and urban environments, and the approaches taken to address the issues, transcend the expertise and mission of the University of Washington school of forest resources and the associated centers and cooperatives. While each of these centers and cooperatives contribute expertise and resources, the structure and continuity for the integrated, interdisciplinary approach needed to address these complex issues is lacking.
(3) It is the intent of the legislature for the institute of forest resources to provide the structure and continuity needed by drawing contributions from the associated centers and cooperatives into a more consolidated, collaborative, interdisciplinary, and integrated process that is responsive to the critical issues confronting the forest sector." [ 2011 c 187 § 1.]
Severability—1979 c 50: See note following RCW 76.44.010.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.44 - Institute of Forest Resources. › 76.44.030 - Duties.

RCW 76.44.030
Duties.
(1) The institute of forest resources shall pursue coordinated research and education related to the forest sector and its multiple components, including:
(a) Forest conservation, restoration, sustainable management, and utilization;
(b) The evaluation of the economic, ecological, and societal value of forestland in both the rural and urban environment;
(c) The manufacture and marketing of forest products, including timber products, nontimber products, environmental services, and the provision of recreation and aesthetic values.
(2) The institute of forest resources must seek to provide a framework for identifying, prioritizing, funding, and conducting interdisciplinary research critical to the forest sector and the development of integrated, synthesized information and decision support tools that improve the understanding of complex forestry issues for stakeholders, policymakers, and other interested parties.
(3) In pursuit of these objectives, the institute of forest resources is authorized to cooperate, when cooperation advances the objectives listed in this section, with other entities, including but not limited to:
(a) Universities;
(b) State and federal agencies;
(c) Conservation and environmental organizations;
(d) *Community and urban forestry organizations; and
(e) Domestic or foreign industrial and business institutions.
[ 2011 c 187 § 4; 1979 c 50 § 5; 1947 c 177 § 3; Rem. Supp. 1947 § 10831-3.]
NOTES:
*Reviser's note: Chapter 209, Laws of 2021 changed the name of the program in chapter 76.15 RCW from "community and urban forestry" to "urban forest management plan."
Findings—Intent—2011 c 187: See note following RCW 76.44.020.
Severability—1979 c 50: See note following RCW 76.44.010.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.44 - Institute of Forest Resources. › 76.44.040 - Dissemination of research results.

RCW 76.44.040
Dissemination of research results.
The results of any research undertaken by the institute or in which the institute participates shall be available to all industries and citizens of the state of Washington and the institute is authorized to disseminate such information.
[ 1979 c 50 § 6; 1947 c 177 § 4; Rem. Supp. 1947 § 10831-4.]
NOTES:
Severability—1979 c 50: See note following RCW 76.44.010.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.44 - Institute of Forest Resources. › 76.44.050 - Authority to solicit financial support—Use of funds for the institute's operations and activities.

RCW 76.44.050
Authority to solicit financial support—Use of funds for the institute's operations and activities.
(1) The institute of forest resources may solicit gifts, grants, conveyances, bequests, and devices, including both real or personal property, in trust or otherwise, to be directed to the institute for carrying out the objectives of the institute as provided in this chapter.
(2) The institute of forest resources may solicit contracts for work, financial and in-kind contributions, and support from private industries, interest groups, federal and state sources, and other sources deemed appropriate by the director of the institute.
(3) The institute of forest resources may utilize separately appropriated funds of the University of Washington for the institute's operations and activities.
[ 2011 c 187 § 5; 1979 c 50 § 7; 1947 c 177 § 5; Rem. Supp. 1947 § 10831-5.]
NOTES:
Findings—Intent—2011 c 187: See note following RCW 76.44.020.
Severability—1979 c 50: See note following RCW 76.44.010.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.44 - Institute of Forest Resources. › 76.44.080 - Policy advisory committee—Membership—Compensation.

RCW 76.44.080
Policy advisory committee—Membership—Compensation.
(1) The director of the school of forest resources at the University of Washington may, at the discretion of the director, appoint and maintain an eleven-member policy advisory committee to advise the director on policies for the institute of forest resources that are consistent with the institute's objectives as provided in this chapter.
(2) If activated, the membership of the policy advisory committee must represent, to the extent possible, the various interests concerned with the institute of forest resources, including state and federal agencies, tribal governments, conservation and environmental organizations, urban forestry interests, rural communities, industry, and business.
(3) Members of the advisory committee may not receive any salary or other compensation for service on the advisory committee. However, each member may be compensated, at the discretion of the director of the institute, for each day in actual attendance at or traveling to and from meetings of the advisory committee in accordance with RCW 43.03.220 together with travel expenses in accordance with RCW 43.03.050 and 43.03.060.
[ 2011 c 187 § 6.]
NOTES:
Findings—Intent—2011 c 187: See note following RCW 76.44.020.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.44 - Institute of Forest Resources. › 76.44.090 - Director to coordinate cooperatives and centers.

RCW 76.44.090
Director to coordinate cooperatives and centers.
The director of the school of forest resources at the University of Washington shall coordinate the various cooperatives and centers within the school of forest resources to promote a holistic, efficient, and integrated approach that broadens the research and outreach programs and addresses issues facing the forest sector.
[ 2011 c 187 § 7.]
NOTES:
Findings—Intent—2011 c 187: See note following RCW 76.44.020.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.011 - Declaration of public interest.

RCW 76.48.011
Declaration of public interest.
(1) It is in the public interest of this state to protect an important natural resource and to provide protection to the landowners of the state of Washington from the theft of specialized forest products.
(2) To satisfy this public interest, this chapter is intended to:
(a) Provide law enforcement with reasonable tools;
(b) Reasonably protect landowners from theft;
(c) Ensure that requirements are not unduly burdensome to those harvesting, transporting, possessing, and purchasing specialized forest products;
(d) Craft requirements that are clear and readily understandable; and
(e) Establish requirements that are able to be administered and enforced consistently statewide.
[ 2009 c 245 § 2; 1967 ex.s. c 47 § 2. Formerly RCW 76.48.010.]
NOTES:
Finding—Intent—2009 c 245: "(1) The legislature finds that the specialized forest products work group created pursuant to section 2, chapter 392, Laws of 2007 produced a number of consensus recommendations to the legislature as to how the permitting requirements of chapter 76.48 RCW can be improved. In making recommendations, the work group focused on the goals enumerated in RCW 76.48.011.
(2) It is the intent of the legislature to enact those recommendations contained in the report submitted to the legislature from the specialized forest products work group in December 2008 that require statutory modifications.
(3) It is also the intent of the legislature for the department of natural resources, along with other state and local agencies, to take those administrative actions necessary to execute the recommendations contained in the report that do not require statutory changes. When taking administrative actions regarding specialized forest products, those actions should, when appropriate, be conducted consistent with recommendations contained in the report submitted to the legislature from the specialized forest products work group." [ 2009 c 245 § 1.]
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.031 - Specialized forest products permits—Required—Inspection.

RCW 76.48.031
Specialized forest products permits—Required—Inspection.
(1) Except as provided in RCW 76.48.211, a completed specialized forest products permit issued under this chapter is required prior to engaging in the following activities:
(a) Harvesting any specialized forest products from any lands, including his or her own land.
(b) Possessing or transporting any specialized forest products, unless the person has in his or her possession either of the following in lieu of a permit:
(i) A true copy of the permit;
(ii) If the person is transporting the specialized forest product from a location other than the harvest site or is a first or secondary specialized forest products buyer, a sales invoice, bill of lading, or, for the possession and transportation of Christmas trees only, an authorization if a copy of the authorization has been filed prior to the harvest of the Christmas trees with the sheriff's office for the county in which the Christmas trees are to be harvested;
(iii) A bill of lading or documentation issued in or by another state, a Canadian province, or the federal government indicating the true origin of the specialized forest products as being outside of Washington; or
(iv) If the products were harvested within the operational area defined by a valid forest practices application or notification under chapter 76.09 RCW, a sequentially numbered load ticket generated by the landowner or the landowner's agent that includes, at a minimum, all information required on a bill of lading and the forest practices application number.
(c) Selling, or offering for sale, any amount of raw or unprocessed huckleberries, regardless if the huckleberries were harvested with the consent of the landowner, unless the possessor of the huckleberries being offered for sale is able to show that the huckleberries originated on land owned by the United States forest service and displays a valid permit from the United States forest service that lawfully entitles the possessor to harvest the huckleberries in question.
(2)(a) Unless otherwise designated by the permittor as provided in this subsection, a permit or true copy must be readily available for inspection at each harvest site.
(b) An individual permit or true copy must be carried and made readily available for inspection by each individual permittee at a harvest site if the permittor designated an individual permit or true copy as an additional condition or limitation specified on the permit under RCW 76.48.081.
[ 2009 c 245 § 4; 2008 c 191 § 3; 2005 c 401 § 3; 1995 c 366 § 5; 1992 c 184 § 2; 1979 ex.s. c 94 § 5; 1977 ex.s. c 147 § 5; 1967 ex.s. c 47 § 7. Formerly RCW 76.48.060.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.041 - Contents of authorization, sales invoice, or bill of lading.

RCW 76.48.041
Contents of authorization, sales invoice, or bill of lading.
An authorization, sales invoice, or bill of lading must specify the following in order to satisfy the requirements of this chapter:
(1) The date of the product's transportation.
(2) The amount and type of specialized forest products being transported.
(3) The name and address of the person receiving the specialized forest products.
(4) The name and address of the first or secondary specialized forest products buyer, specialty wood processor, or other person from where the specialized forest products are being transported.
(5) The name of the driver transporting the specialized forest products.
(6) The license plate number of the vehicle transporting the specialized forest product.
[ 2009 c 245 § 5; 1979 ex.s. c 94 § 7; 1967 ex.s. c 47 § 9. Formerly RCW 76.48.080.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.051 - Specialized forest products permit—True copy.

RCW 76.48.051
Specialized forest products permit—True copy.
(1) A true copy of a specialized forest products permit is valid if:
(a) The copy is reproduced by a copy machine capable of effectively reproducing the permit information required under RCW 76.48.081; and
(b)(i) The permittee has provided an original signature in the space provided on the face of the copy.
(ii) An actual signature of the permittor is also required for a true copy to be valid if the permittor indicates on the space provided for signatures on the original permit that the actual signature of the permittor is required for the validation of any copies.
(2) A true copy is effective until the expiration date of the underlying permit unless an earlier date is provided by the signatories to the copy.
(3) Either signatory to a permit may condition the use of the true copy for only harvesting, only possessing, only transporting, or a combination of harvesting, possessing, and transporting the associated specialized forest products by indicating the limitations of the true copy on the permit or the copy.
(4) Any permittee issuing a true copy must record and retain for one year the following information:
(a) The date the true copy is issued;
(b) The license plate number and make and model of the vehicle to be used with the true copy;
(c) The name and address of the person receiving the true copy;
(d) The unique number assigned to a valid state identification document issued to the person; and
(e) The expiration date of the true copy.
[ 2009 c 245 § 6.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.071 - Validation of forms for verifiable permits and validated permits.

RCW 76.48.071
Validation of forms for verifiable permits and validated permits.
(1) Forms for a verifiable permit become valid for the purposes of RCW 76.48.031 upon the completion of all information required by RCW 76.48.081.
(2) Forms for a validated permit become valid for the purposes of RCW 76.48.031 upon the validation of the form by the appropriate county sheriff.
[ 2009 c 245 § 8.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.091 - Acceptance and validation of permits—Authorized agents.

RCW 76.48.091
Acceptance and validation of permits—Authorized agents.
(1) County sheriffs may contract with other entities to serve as authorized agents to accept and validate permits under RCW 76.48.061. Entities that a county sheriff may contract with include the department, the United States forest service, the bureau of land management, local police departments, and other entities as decided upon by the county sheriffs' departments.
(2) An entity that contracts with a county sheriff to serve as an authorized agent under this section may make reasonable efforts to verify the information provided on the permit form such as the legal description or parcel number of the area where harvesting is to occur.
(3) All processes and requirements applicable to county sheriffs under RCW 76.48.061 also apply to entities contracted under this section.
[ 2009 c 245 § 10; 1995 c 366 § 15. Formerly RCW 76.48.062.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.101 - Possession of specialized forest products by first or secondary buyer—Display of documentation—Specialty wood processors.

RCW 76.48.101
Possession of specialized forest products by first or secondary buyer—Display of documentation—Specialty wood processors.
(1) It is unlawful for any first or secondary specialized forest products buyer, or for any other person, to purchase, take possession of, or retain specialized forest products subsequent to the harvesting and prior to the retail sale of the products unless the supplier of the product displays:
(a) An apparently valid permit required by RCW 76.48.031;
(b) A true copy of an apparently valid permit; or
(c) When applicable:
(i) A bill of lading, authorization, sales invoice, or a government-issued documentation, prepared consistent with RCW 76.48.031 indicating the true origin of the specialized forest products as being outside of Washington;
(ii) If the products were harvested within the operational area defined by a valid forest practices application or notification under chapter 76.09 RCW, a sequentially numbered load ticket generated by the landowner or the landowner's agent that includes, at a minimum, all information required on a bill of lading and the forest practices application number; or
(iii) A statement claiming the products offered for sale are otherwise exempt from the permit requirements of this chapter under RCW 76.48.211.
(2) In addition to the requirements of RCW 76.48.111, specialty wood processors are required to ensure that a bill of lading, authorization, or sales invoice accompanies all specialty wood upon the receipt of the specialty wood into or the shipping of the specialty wood out of the property of the specialty wood processor.
[ 2009 c 245 § 11; 2005 c 401 § 7; 1979 ex.s. c 94 § 9; 1977 ex.s. c 147 § 11. Formerly RCW 76.48.094.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.111 - Specialized forest products buyers and huckleberry buyers—Required records.

RCW 76.48.111
Specialized forest products buyers and huckleberry buyers—Required records.
(1)(a) First and secondary specialized forest products buyers and huckleberry buyers are required to record:
(i) If the person is a first specialized forest product buyer, the permit number or, if applicable, a sequentially numbered load ticket generated by the landowner or the landowner's agent that includes, at a minimum, all information required on a bill of lading and the forest practices application or notification number if the seller claims the specialized forest product in question is exempt from the permit requirements of this chapter, as provided in RCW 76.48.211, due to its harvest within the operational area defined by a valid forest practices application or notification under chapter 76.09 RCW;
(ii) Whether or not the products were accompanied by a bill of lading, authorization, or sales invoice;
(iii) The type of specialized forest product purchased, and, if applicable, an indication that huckleberries were purchased;
(iv) The name of the seller;
(v) The amount of specialized forest product or huckleberries purchased;
(vi) The date of delivery;
(vii) The name of the person driving the vehicle in which the specialized forest products were transported to the buyer, as confirmed by a visual inspection of the applicable driver's license, unless the buyer has previously recorded the driver's information in an accessible record; and
(viii) Except for transactions involving Christmas trees, the license plate number of the vehicle in which the specialized forest products were transported to the buyer.
(b) First and secondary specialized forest products buyers shall keep a record of this information, along with any accompanying bill of lading, sales invoice, or authorization, for a period of one year from the date of purchase and must make the records available for inspection upon demand by enforcement officials authorized under RCW 76.48.181 to enforce this chapter.
(c) In lieu of a permit number or forest practices identification and load ticket number, the buyer may, when applicable, note that the seller claims that the products offered for sale are exempt from the permit requirements of this chapter under RCW 76.48.211, or were lawfully transported into Washington from out of state. All other information required by this section must be recorded.
(2) This section does not apply to buyers of specialized forest products at the retail sales level.
(3) Records of buyers of specialized forest products and huckleberries collected under this section may be made available to colleges and universities for the purpose of research.
[ 2009 c 245 § 12; 2008 c 191 § 4; 2005 c 401 § 6; 2000 c 11 § 19; 1995 c 366 § 14. Formerly RCW 76.48.085.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.121 - Display of business license.

RCW 76.48.121
Display of business license.
Every first or secondary specialized forest products buyer purchasing specialty wood and every specialty wood processor must prominently display the business license issued under RCW 19.02.070 and endorsed with the respective licenses or registrations or a copy of the business license at each location where the buyer or processor receives specialty wood if the first or secondary specialized forest products buyer or specialty wood processor is required to possess a license incorporated into the business licensing system created in chapter 19.02 RCW.
[ 2013 c 144 § 49; 2011 c 298 § 34; 2009 c 245 § 13; 2005 c 401 § 9; 1995 c 366 § 9; 1979 ex.s. c 94 § 11; 1977 ex.s. c 147 § 13. Formerly RCW 76.48.098.]
NOTES:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.131 - Unlawful acts.

RCW 76.48.131
Unlawful acts.
It is unlawful for any person to:
(1) Sell or attempt to sell huckleberries, or harvest, possess, or transport specialized forest products in violation of RCW 76.48.031;
(2) Engage in activities or phases of harvesting specialized forest products not authorized by a permit under this chapter;
(3) Harvest specialized forest products in any lesser quantities than those specified in RCW 76.48.031 without first obtaining permission from the landowner or the landowner's authorized agent or representative; or
(4) Harvest huckleberries in any amount using a rake, mechanical device, or any other method that damages the huckleberry bush.
[ 2009 c 245 § 14; 2007 c 392 § 4; 1995 c 366 § 2; 1979 ex.s. c 94 § 2; 1977 ex.s. c 147 § 2; 1967 ex.s. c 47 § 4. Formerly RCW 76.48.030.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.141 - False, fraudulent, forged, or stolen specialized forest products permit, sales invoice, bill of lading, etc.—Penalty.

RCW 76.48.141
False, fraudulent, forged, or stolen specialized forest products permit, sales invoice, bill of lading, etc.—Penalty.
(1) It is unlawful for any person, upon official inquiry, investigation, or other authorized proceedings, to:
(a) Offer as genuine any paper, document, or other instrument in writing purporting to be a specialized forest products permit, true copy of a permit, authorization, sales invoice, bill of lading, or other document required under this chapter; or
(b) To make any representation of authority to possess or conduct harvesting or transporting of specialized forest products, or to conduct the sale of huckleberries, with knowledge that the representation of authority is in any manner false, fraudulent, forged, or stolen.
(2) It is unlawful for any person to produce a document for a first or secondary specialized forest products buyer purporting to be a true and genuine permit when delivering or attempting to deliver a specialized forest product with knowledge that the document is in any manner false, fraudulent, forged, or stolen.
(3) Any person who knowingly or intentionally violates this section is guilty of a class C felony punishable by imprisonment in a state correctional institution for a maximum term fixed by the court of not more than five years or by a fine of not more than five thousand dollars, or by both imprisonment and fine.
[ 2009 c 245 § 15; 2008 c 191 § 7; 2003 c 53 § 373; 1995 c 366 § 12; 1979 ex.s. c 94 § 14; 1977 ex.s. c 147 § 9; 1967 ex.s. c 47 § 13. Formerly RCW 76.48.120.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1995 c 366: See note following RCW 76.48.021.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.151 - Penalties—Affirmative defense.

RCW 76.48.151
Penalties—Affirmative defense.
(1) Except as provided in RCW 76.48.141, a person who violates a provision of this chapter is guilty of a gross misdemeanor punishable by a fine of not more than one thousand dollars, imprisonment in the county jail for up to three hundred sixty-four days, or by both a fine and imprisonment.
(2) In any prosecution for a violation of this chapter's requirements to obtain or possess a specialized forest products permit, true copy, bill of lading, authorization, or sales invoice, it is an affirmative defense, if established by the defendant by a preponderance of the evidence, that:
(a) The specialized forest products were harvested from the defendant's own land; or
(b) The specialized forest products were harvested with the permission of the landowner.
[ 2011 c 96 § 56; 2009 c 245 § 16; 2007 c 392 § 1; 1995 c 366 § 13; 1977 ex.s. c 147 § 10; 1967 ex.s. c 47 § 14. Formerly RCW 76.48.130.]
NOTES:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.161 - Multiple convictions for violating RCW 76.48.141 or 76.48.151—Suspension of privileges to obtain a specialized forest products permit.

RCW 76.48.161
Multiple convictions for violating RCW 76.48.141 or 76.48.151—Suspension of privileges to obtain a specialized forest products permit.
(1) The court presiding over the conviction of any person for a violation of RCW 76.48.141 or 76.48.151 who has been convicted of violating either RCW 76.48.141 or 76.48.151 at least two other times shall order up to a three-year suspension of that person's privilege to obtain a specialized forest products permit under this chapter.
(2) If a court issues a suspension under this section after a conviction involving the misuse of a permit with a specified permittor, the legislature requests that the court notify the permittor listed on the permit of the suspension.
(3) Nothing in this section limits the ability of a court to order the suspension of any privileges related to specialized forest products as a condition of probation regardless of whether the person has any past convictions.
[ 2009 c 245 § 17.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.171 - Disposition of fines.

RCW 76.48.171
Disposition of fines.
All fines collected for violations of this chapter shall be paid into the general fund of the county treasury of the county in which the violation occurred and distributed equally among the district courts in the county, the county sheriff's office, and the state treasurer. The portion of the revenue provided to the state treasurer must be distributed to the specialized forest products outreach and education account created in RCW 76.48.251.
[ 2009 c 245 § 18; 2005 c 401 § 12; 1977 ex.s. c 147 § 15. Formerly RCW 76.48.140.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.181 - Agencies responsible for enforcement of chapter.

RCW 76.48.181
Agencies responsible for enforcement of chapter.
(1) Primary enforcement responsibility of this chapter belongs with county sheriffs. However, other entities that may enforce this chapter include:
(a) The department;
(b) The Washington state patrol;
(c) County or municipal police forces;
(d) Authorized personnel of the United States forest service; and
(e) Authorized personnel of the department of fish and wildlife.
(2) The legislature encourages county sheriffs' offices to enter into interlocal agreements with these other agencies in order to receive additional assistance with their enforcement responsibilities.
[ 2009 c 245 § 19; 1995 c 366 § 3; 1994 c 264 § 51; 1988 c 36 § 49; 1979 ex.s. c 94 § 3; 1977 ex.s. c 147 § 3; 1967 ex.s. c 47 § 5. Formerly RCW 76.48.040.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.
2023 Revised Code of Washington › Title 76 - Forests and Forest Products › Chapter 76.48 - Specialized Forest Products. › 76.48.191 - Detention of specialized forest products and documentation.

RCW 76.48.191
Detention of specialized forest products and documentation.
(1) A law enforcement officer may take into custody and detain for a reasonable time any specialized forest products, authorizations, sales invoices, bills of lading, other documents, and vehicles in which the specialized forest products were transported if, under official inquiry, investigation, or other authorized proceeding regarding specialized forest products not covered by a valid permit or other acceptable document as provided in this chapter, the inspecting law enforcement officer has probable cause to believe that the specialized forest products were obtained in violation of this chapter until the true origin of the specialized forest products can be determined.
(2) A law enforcement officer may retain a specialized forest products permit, true copy of a permit, authorization, sales invoice, bill of lading, or other document required under this chapter if the officer reasonably suspects that the document is forged in violation of RCW 76.48.141, fraudulent, or stolen, until the authenticity of the document can be verified.
(3)(a) If no arrest is made at the conclusion of the official inquiry, investigation, or other authorized proceeding for a violation of this chapter or another state law, all materials detained under this section must be returned to the person or persons from whom the materials were taken.
(b)(i) If an arrest does follow the inquiry, investigation, or authorized proceeding, and the law enforcement officer has probable cause to believe that a person is selling or attempting to sell huckleberries, or is harvesting, in possession of, or transporting specialized forest products in violation of this chapter, any specialized forest products or huckleberries found at the time of arrest may be seized.
(ii) If the specialized forest product triggering the arrest is specialty wood, the law enforcement officer may also seize any equipment, vehicles, tools, or paperwork associated with the arrest.
(c) Materials seized under this chapter are subject to the provisions of RCW 76.48.201.
[ 2009 c 245 § 20.]
NOTES:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.