Revised Code of Washington - RCW Title 77 Fish And Wildlife (Formerly: Game And Game Fish) - Chapter 77.15 Fish And Wildlife Enforcement Code

77.15.005 Finding -- Intent
The legislature finds that merger of the departments of fisheries and wildlife resulted in two criminal codes applicable to fish and wildlife, and that it ...

77.15.010 Exemption for department actions
A person is not guilty of a crime under this chapter if the person is an officer, employee, or agent of the department lawfully acting ...

77.15.020 Authority to define violation of rule as infraction
If the commission or director has authority to adopt a rule that is punishable as a crime under this chapter, then the commission or director ...

77.15.030 Individual animal unlawfully taken -- Separate offense
Where it is unlawful to hunt, take, fish, possess, or traffic in big game or protected or endangered fish or wildlife, then each individual animal ...

77.15.040 Jurisdiction
District courts have jurisdiction concurrent with superior courts for misdemeanors and gross misdemeanors committed in violation of this chapter and may impose the punishment provided ...

77.15.050 "Conviction" defined
Unless the context clearly requires otherwise, as used in this chapter, "conviction" means a final conviction in a state or municipal court or an unvacated ...

77.15.060 Reference to chapters 7.84 and 9A.20 RCW
Crimes defined by this chapter shall be punished as infractions, misdemeanors, gross misdemeanors, or felonies, based on the classification of crimes set out in chapters ...

77.15.065 Authority of attorney general if prosecuting attorney defaults
If the prosecuting attorney of the county in which a violation of this title or rule of the department occurs fails to file an information ...

77.15.070 Civil forfeiture of property used for violation of chapter
(1) Fish and wildlife officers and ex officio fish and wildlife officers may seize without warrant boats, airplanes, vehicles, motorized implements, conveyances, gear, appliances, or ...

77.15.075 Enforcement authority of fish and wildlife officers
(1) Fish and wildlife officers and ex officio fish and wildlife officers shall enforce this title, rules of the department, and other statutes as prescribed ...

77.15.080 Fish and wildlife officers -- Inspection authority
(1) Based upon articulable facts that a person is engaged in fishing, harvesting, or hunting activities, fish and wildlife officers have the authority to temporarily ...

77.15.085 Seizure without warrant
Fish and wildlife officers and ex officio fish and wildlife officers may seize without a warrant wildlife, fish, and shellfish they have probable cause to ...

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, ...

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 ...

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, ...

77.15.096 Inspection without warrant -- Commercial fish and wildlife entities -- Limitations
Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner the premises, containers, fishing equipment, fish, seaweed, shellfish, and ...

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 ...

77.15.100 Forfeited wildlife and articles -- Disposition -- Department authority -- Sale
(1) Unless otherwise provided in this title, fish, shellfish, or wildlife unlawfully taken or possessed, or involved in a violation shall be forfeited to the ...

77.15.110 Acting for commercial purposes -- When -- Proof
(1) For purposes of this chapter, a person acts for commercial purposes if the person engages in conduct that relates to commerce in fish, seaweed, ...

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 the person hunts, fishes, possesses, maliciously harasses ...

77.15.130 Protected fish or wildlife -- Unlawful taking -- Penalty
(1) A person is guilty of unlawful taking of protected fish or wildlife if: (a) The person hunts, fishes, possesses, or maliciously kills protected fish ...

77.15.140 Unclassified fish or wildlife -- Unlawful taking -- Penalty
(1) A person is guilty of unlawful taking of unclassified fish or wildlife if: (a) The person kills, hunts, fishes, takes, holds, possesses, transports, or ...

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, ...

77.15.160 Infractions -- Record catch -- Barbed hooks -- Other rule violations
A person is guilty of an infraction, which shall be cited and punished as provided under chapter 7.84 RCW, if the person: (1) Fails to ...

77.15.170 Waste of fish and wildlife -- Penalty
(1) A person is guilty of waste of fish and wildlife in the second degree if: (a) The person kills, takes, or possesses fish, shellfish, ...

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) Takes or releases a ...

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, game animals, or ...

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; ...

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 ...

77.15.194 Unlawful traps -- Penalty
(1) It is unlawful to use or authorize the use of any steel-jawed leghold trap, neck snare, or other body-gripping trap to capture any mammal ...

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 ...

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. ...

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 ...

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, ...

77.15.220 Unlawful posting -- Penalty
(1) A person is guilty of unlawful posting if the individual posts signs preventing hunting or fishing on any land not owned or leased by ...

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 ...

77.15.240 Unlawful use of dogs -- Public nuisance -- Penalty
(1) A person is guilty of unlawful use of dogs if the person: (a) Negligently fails to prevent a dog under the person's control from ...

77.15.245 Unlawful practices -- Black bear baiting -- Exceptions -- Illegal hunting -- Use of dogs -- Exceptions -- Penalties
(1) Notwithstanding the provisions of RCW 77.12.240, 77.36.020, 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear ...

77.15.250 Unlawful release of fish, shellfish, or wildlife -- Penalty -- Unlawful release of deleterious exotic wildlife -- Penalty
(1)(a) A person is guilty of unlawfully releasing, planting, or placing fish, shellfish, or wildlife if the person knowingly releases, plants, or places live fish, ...

77.15.253 Unlawful use of prohibited aquatic animal species -- Penalty
(1) A person is guilty of unlawful use of a prohibited aquatic animal species if he or she possesses, imports, purchases, sells, propagates, transports, or ...

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 ...

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 ...

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 ...

77.15.290 Unlawful transportation of fish or wildlife -- Unlawful transport of aquatic plants -- 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 ...

77.15.293 Unlawfully avoiding aquatic invasive species check stations -- Penalty
(1) A person is guilty of unlawfully avoiding aquatic invasive species check stations if the person fails to: (a) Obey check station signs; or (b) ...

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 ...

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, ...

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, ...

77.15.330 Unlawful hunting or fishing contests -- Penalty
(1) A person is guilty of unlawfully holding a hunting or fishing contest if the person: (a) Conducts, holds, or sponsors a hunting contest, a ...

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 ...

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 ...

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, ...

77.15.370 Unlawful recreational fishing in the first degree -- Penalty
(1) A person is guilty of unlawful recreational fishing in the first degree if: (a) The person takes, possesses, or retains two times or more ...

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, takes, possesses, or harvests fish or shellfish ...

77.15.390 Seaweed -- Unlawful taking -- Penalty
(1) A person is guilty of unlawful taking of seaweed if the person takes, possesses, or harvests seaweed and: (a) The person does not have ...

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: (a) Hunts for, takes, or possesses a ...

77.15.410 Unlawful hunting of big game -- Penalty
(1) A person is guilty of unlawful hunting of big game in the second degree if the person: (a) Hunts for, takes, or possesses big ...

77.15.420 Illegally taken or possessed wildlife -- Criminal wildlife penalty assessed
(1) If a person is convicted of violating RCW 77.15.410 and that violation results in the death of wildlife listed in this section, the court ...

77.15.425 Fish and wildlife enforcement reward account
The fish and wildlife enforcement reward account is created in the custody of the state treasurer. All receipts from criminal wildlife penalty assessments under RCW ...

77.15.430 Unlawful hunting of wild animals -- Penalty
(1) A person is guilty of unlawful hunting of wild animals in the second degree if the person: (a) Hunts for, takes, or possesses a ...

77.15.440 Weapons, traps, or dogs on game reserves -- Unlawful use -- Penalty
(1) A person is guilty of unlawful use of weapons, traps, or dogs on game reserves if: (a) The person uses firearms, other hunting weapons, ...

77.15.450 Spotlighting big game -- Penalty
(1) A person is guilty of spotlighting big game in the second degree if the person hunts big game with the aid of a spotlight, ...

77.15.460 Loaded firearm in vehicle -- Unlawful use or possession -- Penalty
(1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if: (a) The person carries, transports, conveys, possesses, or ...

77.15.470 Wildlife check stations or field inspections -- Unlawful avoidance -- Penalty
(1) A person is guilty of unlawfully avoiding wildlife check stations or field inspections if the person fails to: (a) Obey check station signs; (b) ...

77.15.480 Certain devices declared public nuisances
Articles or devices unlawfully used, possessed, or maintained for catching, taking, killing, attracting, or decoying wildlife, fish, and shellfish are public nuisances. If necessary, fish ...

77.15.500 Commercial fishing without a license -- Penalty
(1) A person is guilty of commercial fishing without a license in the second degree if the person fishes for, takes, or delivers food fish, ...

77.15.510 Commercial fish guiding or chartering without a license -- Penalty
(1) A person is guilty of commercial fish guiding or chartering without a license if: (a) The person operates a charter boat and does not ...

77.15.520 Commercial fishing -- Unlawful gear or methods -- Penalty
(1) A person is guilty of commercial fishing using unlawful gear or methods if the person acts for commercial purposes and takes or fishes for ...

77.15.530 Unlawful use of a nondesignated vessel -- Penalty
(1) A person who holds a fishery license required by chapter 77.65 RCW, or who holds an operator's license and is designated as an alternate ...

77.15.540 Unlawful use of a commercial fishery license -- Penalty
(1) A person who holds a fishery license required by chapter 77.65 RCW, or who holds an operator's license and is designated as an alternate ...

77.15.550 Violation of commercial fishing area or time -- Penalty
(1) A person is guilty of violating commercial fishing area or time in the second degree if the person acts for commercial purposes and takes, ...

77.15.552 Qualifying commercial fishing violations
(1) If a person is convicted of two or more qualifying commercial fishing violations within a three-year period, the person's privileges to participate in the ...

77.15.554 License suspension review committee
(1) The license suspension review committee is created. The license suspension review committee may only hear appeals from commercial fishers who have had a license ...

77.15.560 Commercial fish, shellfish harvest or delivery -- Failure to report -- Penalty
(1) Except as provided in RCW 77.15.640, a person is guilty of failing to report a commercial fish or shellfish harvest or delivery if the ...

77.15.565 Wholesale fish dealers -- Accounting of commercial harvest -- Penalties
Since violation of the rules of the department relating to the accounting of the commercial harvest of food fish and shellfish result in damage to ...

77.15.568 Secondary commercial fish receiver's failure to account for commercial harvest -- Penalty
(1) A person is guilty of a secondary commercial fish receiver's failure to account for commercial harvest if: (a) The person sells fish or shellfish ...

77.15.570 Participation of non-Indians in Indian fishery forbidden -- Exceptions, definitions, penalty
(1) Except as provided in subsection (3) of this section, it is unlawful for a person who is not a treaty Indian fisherman to participate ...

77.15.580 Unlawful use of net to take fish -- Penalty
(1) A person is guilty of unlawful use of a net to take fish in the second degree if the person: (a) Lays, sets, uses, ...

77.15.590 Commercial fishing vessel -- Unlawful use for recreational or charter fishing -- Penalty
(1) A person is guilty of unlawful use of a commercial fishing vessel, except as may be authorized by rule of the commission, for recreational ...

77.15.600 Engaging in commercial wildlife activity without a license -- Penalty
(1) A person is guilty of engaging in commercial wildlife activity without a license if the person: (a) Deals in raw furs for commercial purposes ...

77.15.610 Unlawful use of a commercial wildlife license -- Penalty
(1) A person who holds a fur buyer's license or taxidermy license is guilty of unlawful use of a commercial wildlife license if the person: ...

77.15.620 Engaging in fish dealing activity -- Unlicensed -- Penalty
(1) A person is guilty of engaging in fish dealing activity without a license in the second degree if the person: (a) Engages in the ...

77.15.630 Fish buying and dealing licenses -- Unlawful use -- Penalty
(1) A person who holds a fish dealer's license required by RCW 77.65.280, an anadromous game fish buyer's license required by RCW 77.65.480, or a ...

77.15.640 Wholesale fish buying and dealing -- Rules violations -- Penalty
(1) A person who holds a wholesale fish dealer's license required by RCW 77.65.280, an anadromous game fish buyer's license required by RCW 77.65.480, a ...

77.15.650 Unlawful purchase or use of a license -- Penalty
(1) A person is guilty of unlawful purchase or use of a license in the second degree if the person buys, holds, uses, displays, transfers, ...

77.15.660 Unlawful use of scientific permit -- Penalty
(1) A person is guilty of unlawful use of a scientific permit if the person: (a) Violates any terms or conditions of a scientific permit ...

77.15.670 Suspension of department privileges -- Violation -- Penalty
(1) A person is guilty of violating a suspension of department privileges in the second degree if the person engages in any activity that is ...

77.15.675 Hunting while intoxicated -- Penalty
(1) A person is guilty of hunting while under the influence of intoxicating liquor or drugs if the person hunts wild animals or wild birds ...

77.15.680 Department authority to suspend privileges -- Form and procedure
(1) If any crime in this chapter is punishable by a suspension of privileges, then the department shall issue an order that specifies the privileges ...

77.15.690 Department authority to revoke licenses
(1) Upon any conviction of any violation of this chapter, the department may revoke any license, tag, or stamp, or other permit involved in the ...

77.15.700 Grounds for department revocation and suspension of privileges
The department shall impose revocation and suspension of privileges in the following circumstances: (1) Upon conviction, if directed by statute for an offense; (2) Upon ...

77.15.710 Conviction for assault -- Revocation of licenses and suspension of privileges
(1) The commission shall revoke all hunting, fishing, or other licenses issued under this title and order a ten-year suspension of all privileges extended under ...

77.15.720 Shooting another person, livestock -- Director's authority to suspend privileges
(1) If a person shoots another person or domestic livestock while hunting, the director shall revoke all hunting licenses and suspend all hunting privileges for ...

77.15.730 Wildlife violator compact citations and convictions
(1) Upon receipt of a report of failure to comply with the terms of a citation issued for a recreational violation from the licensing authority ...

77.15.732 Citations from wildlife violator compact party state -- Failure to comply
(1) Upon receipt of a report of failure to comply with the terms of a citation from the licensing authority of a state that is ...

77.15.740 Protection of southern resident orca whales -- Penalty
(1) Except as provided in subsection (2) of this section, it is unlawful to: (a) Approach, by any means, within three hundred feet of a ...

77.15.900 Short title
This chapter may be known and cited as the fish and wildlife enforcement code.[1998 c 190 § 126.] ...

77.15.901 Captions not law
Captions used in this chapter are not any part of the law.[1998 c 190 § 127.] ...

77.15.902 Savings -- 1998 c 190
The enactment of chapter 190, Laws of 1998 does not terminate, or in any way modify, any liability, civil or criminal, that was in existence ...