Title 77 — Title 77 FISH AND WILDLIFE
28 chapters · 644 sections in this title.
RCW 77.15.005 Finding—Intent.
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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 has become increasingly difficult to administer and enforce the two criminal codes. Furthermore, laws defining crimes involvi…
RCW 77.15.010 Exemption for department actions.
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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 in the course of his or her authorized duties.[ 1998 c 190 s 2.]
RCW 77.15.020 Authority to define violation of rule as infraction—Agreement to enforce certain civil infractions.
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(1) 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 may provide that violation of the rule shall be punished with notice of infraction under RCW 7.84.030. Neither the commission nor the …
RCW 77.15.030 Individual animal unlawfully taken—Separate offense.
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Except as provided in RCW 77.15.260(2)(b), 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 unlawfully taken or possessed is a separate offense.[ 2012 c 176 s 6; 1999 c 258 s 1; 1998…
RCW 77.15.040 Jurisdiction.
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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 for these offenses. Superior courts have jurisdiction over felonies committed in violation of th…
RCW 77.15.050 "Conviction" defined.
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(1) Unless the context clearly requires otherwise, as used in this chapter, "conviction" means a final conviction in a state or municipal court.(2) A plea of guilty or a finding of guilt for a violation of this title or department rule constitutes a conviction regardless of wheth…
RCW 77.15.060 Reference to chapters 7.84 and 9A.20 RCW.
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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 7.84 and 9A.20 RCW.[ 1998 c 190 s 7.]
RCW 77.15.065 Authority of attorney general if prosecuting attorney defaults.
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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 against the alleged violator, the attorney general upon request of the commission may file an information in the superior court of the county…
RCW 77.15.070 Civil forfeiture of property used for violation of chapter.
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(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 other articles they have probable cause to believe have been held with intent to violate or used …
RCW 77.15.075 Enforcement authority of fish and wildlife officers—Volunteer chaplain.
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(1) Fish and wildlife officers shall have and exercise, throughout the state, such police powers and duties as are vested in sheriffs and peace officers generally. Fish and wildlife officers are general authority Washington peace officers.(2) An applicant for a fish and wildlife …
RCW 77.15.077 Fish and wildlife officers—Private law enforcement off-duty employment—Guidelines.
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Washington fish and wildlife officers may engage in private law enforcement off-duty employment, in uniform or in plainclothes for private benefit, subject to guidelines adopted by the chief of fish and wildlife enforcement. These guidelines must ensure that the integrity and pro…
RCW 77.15.080 Fish and wildlife officers and ex officio fish and wildlife officers—Inspection authority.
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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 catc…
RCW 77.15.085 Seizure without warrant.
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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 r…
RCW 77.15.090 Search, arrest warrant—Issuance—Execution.
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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…
RCW 77.15.092 Arrest without warrant.
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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 s 213; 1998 c 190 s 114; 1987 c 506 s 19; 1980 c 78 s 20; 1971 ex.s. c 173 s 2; 1961 c 68 s 3; 1955…
RCW 77.15.094 Search without warrant—Seizure of evidence, property—Limitation.
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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 ev…
RCW 77.15.096 Inspection without warrant—Commercial fish and wildlife entities—Limitations.
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(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 b…
RCW 77.15.098 Willful misconduct/gross negligence—Civil liability.
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(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 c…
RCW 77.15.100 Seized fish, shellfish, wildlife, and covered animal species part or product—Forfeiture—Sale—Disposition of sale.
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(1) Fish, shellfish, and wildlife are property of the state under RCW 77.04.012. Fish and wildlife officers may sell seized, commercially taken or possessed fish and shellfish to a wholesale buyer and deposit the proceeds into the fish and wildlife enforcement reward account unde…
RCW 77.15.110 Acting for commercial purposes—When—Proof.
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(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, shellfish, or wildlife or any parts thereof. Commercial conduct may include taking, delivering, selling, buying, brokering, or tradi…
RCW 77.15.120 Endangered fish or wildlife—Unlawful taking—Penalty.
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(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 …
RCW 77.15.130 Protected fish or wildlife—Unauthorized taking—Penalty—Criminal wildlife penalty assessment.
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(1) A person is guilty of unlawful taking of protected fish or wildlife if:(a) The person hunts for, fishes for, maliciously takes, harasses, or possesses fish or wildlife, or the person possesses or maliciously destroys the eggs or nests of fish or wildlife designated by the com…
RCW 77.15.135 Unlawful sale, purchase, trade, barter, or distribution of covered animal species part or product—Penalty—Report to the legislature—Adoption of rules.
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(1) Except as authorized in subsections (2) and (3) of this section, it is unlawful for a person to sell, offer to sell, purchase, trade, barter for, or distribute any covered animal species part or product.(2) The prohibitions set forth in subsection (1) of this section do not a…
RCW 77.15.150 Poison or explosives—Unlawful use—Penalty.
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(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 compli…
RCW 77.15.160 Infractions—Penalties.
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The following acts are infractions and may be cited and civil penalties imposed as provided under chapter 7.84 RCW, to include detentions for a reasonable period and investigations as provided in RCW 7.84.030. The civil provisions of this section are cumulative and nonexclusive a…
RCW 77.15.170 Waste of fish and wildlife—Penalty.
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(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 f…
RCW 77.15.180 Unlawful interference with fishing or hunting gear—Penalty.
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(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…
RCW 77.15.190 Unlawful trapping—Penalty.
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(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 reg…
RCW 77.15.191 Revocation of trapper's license—Placement of unauthorized traps.
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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 s 268; 1987 c 372 s 4. Formerly RCW 77.65.470, 77.32.199.]
RCW 77.15.192 Definitions.
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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 trap…
RCW 77.15.194 Unlawful traps—Penalty.
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(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 for recreation or commerce in fur.(2) It is unlawful to knowingly buy, sell, barter, or otherwise exchange, or offer to buy, sell, barter,…
RCW 77.15.196 Unlawful poison—Penalty.
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(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 s 375; 2001 c 1 s 4 (Initiative Measure No. 713, approved Novem…
RCW 77.15.198 Violation of RCW 77.15.194 or 77.15.196—Penalty.
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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. Fo…
RCW 77.15.210 Obstructing the taking of fish, shellfish, or wildlife—Penalty.
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(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 indiv…
RCW 77.15.212 Damages due to violation of RCW 77.15.210—Civil action.
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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 t…
RCW 77.15.230 Department lands or facilities—Unlawful use—Penalty.
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(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…
RCW 77.15.240 Unlawful use of dogs—Penalty—Authority to take or destroy a dog—Certain hazing activities permitted.
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(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…
RCW 77.15.245 Unlawful practices—Black bear baiting—Exceptions—Illegal hunting—Use of dogs—Exceptions—Penalties.
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(1) Notwithstanding the provisions of RCW 77.12.240, 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait.(a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by…
RCW 77.15.250 Unlawful release or possession of fish, shellfish, or wildlife—Penalty—Unlawful release of deleterious exotic wildlife—Penalty.
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(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…
RCW 77.15.260 Unlawful trafficking in fish, shellfish, or wildlife—Penalty.
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(1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree if the person traffics in fish, shellfish, seaweed, or wildlife with a wholesale value of less than $250 and:(a) The fish, shellfish, or wildlife is classified as game, food fish, …
RCW 77.15.265 Unlawful possession of fish, shellfish, or wildlife knowingly taken in violation of another state's or country's laws—Penalty.
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(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 p…
RCW 77.15.270 Providing false information—Penalty.
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(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, transportatio…
RCW 77.15.280 Reporting of fish or wildlife harvest—Rules violation—Penalty.
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(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 a…
RCW 77.15.290 Unlawful transportation of fish or wildlife—Penalty.
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(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, sh…
RCW 77.15.300 Unlawful hydraulic project activities—Penalty.
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(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 construc…
RCW 77.15.310 Unlawful failure to use or maintain approved fish guard on water diversion device—Penalty.
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(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,…
RCW 77.15.320 Unlawful failure to provide, maintain, or operate fishway for dam or other obstruction—Penalty.
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(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 durab…
RCW 77.15.340 Unlawful operation of a game farm—Penalty.
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(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) …
RCW 77.15.350 Inspection and disease control of aquatic farms—Rules violation—Penalty.
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(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 pr…
RCW 77.15.360 Unlawful interfering in department operations—Penalty.
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(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) W…