Title 77 — Title 77 FISH AND WILDLIFE
28 chapters · 644 sections in this title.
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…
RCW 77.15.370 Unlawful recreational fishing in the first degree—Penalty—Criminal wildlife penalty assessment.
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(1) A person is guilty of unlawful recreational fishing in the first degree if:(a) The person takes or possesses two times or more than the bag limit or possession limit of fish or shellfish allowed by any rule of the director or commission setting the amount of food fish, game f…
RCW 77.15.380 Unlawful recreational fishing in the second degree—Penalty.
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(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 i…
RCW 77.15.382 Unlawful use of shellfish gear for personal use purposes—Penalty.
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(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 th…
RCW 77.15.390 Seaweed—Unlawful taking—Penalty.
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(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 posses…
RCW 77.15.395 Hunter safety—Visible clothing requirement—Penalty.
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(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 fluore…
RCW 77.15.400 Unlawful hunting of wild birds—Violation of a rule requiring nontoxic shot—Penalty.
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(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 resid…
RCW 77.15.410 Unlawful hunting of big game—Penalty.
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(1) A person is guilty of unlawful hunting of big game in the second degree if the person:(a) Hunts for big game and, whether or not the person takes or possesses big game, the person has not purchased the appropriate license, permit, or tags required under this title;(b) Takes o…
RCW 77.15.420 Illegally taken or possessed wildlife—Criminal wildlife penalty assessed.
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(1) If an adult offender is convicted of violating RCW 77.15.410 and that violation results in the death of wildlife listed in this section, the court shall require payment of the following amounts for each animal taken or possessed. This shall be a criminal wildlife penalty asse…
RCW 77.15.425 Fish and wildlife enforcement reward account.
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The fish and wildlife enforcement reward account is created in the custody of the state treasurer. Deposits to the account include: Receipts from fish and shellfish overages as a result of a department enforcement action; fees for hunter education deferral applications; fees for …
RCW 77.15.430 Unlawful hunting of wild animals—Penalty.
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(1) A person is guilty of unlawful hunting of wild animals in the second degree if the person hunts for wild animals not classified as big game and, whether or not the person possesses the wild animals, the person has not purchased the appropriate hunting license issued to Washin…
RCW 77.15.435 Unlawful hunting on, retrieving hunted wildlife from, or collecting wildlife parts from the property of another—Defense—Penalty—Forfeiture and disposition of wildlife.
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(1) A person is guilty of unlawfully hunting on, retrieving hunted wildlife from, or collecting wildlife parts from the property of another if the person knowingly enters or remains unlawfully in or on the premises of another for the purpose of:(a) Hunting for wildlife;(b) Retrie…
RCW 77.15.440 Weapons, traps, or dogs on game reserves—Unlawful use—Penalty.
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(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, or traps on a game reserve; or(b) The person negligently allows a dog upon a game reserve.(2) This section does not apply to persons on a pub…
RCW 77.15.450 Spotlighting big game—Penalty.
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(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, other artificial light, or night vision equipment while in possession or control of a firearm, bow and arrow, or cross bow. For purposes of this section,…
RCW 77.15.460 Loaded rifle or shotgun in vehicle—Unlawful use or possession—Unlawful use of a loaded firearm—Penalty.
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(1) A person is guilty of unlawful possession of a loaded rifle or shotgun in a motor vehicle, as defined in RCW 46.04.320, or upon an off-road vehicle, as defined in RCW 46.04.365, if:(a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in a mot…
RCW 77.15.470 Wildlife check stations or field inspections—Unlawful avoidance—Penalty.
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(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) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer or if directed by an ex officio fish…
RCW 77.15.480 Certain devices declared public nuisances.
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Articles or devices unlawfully used, possessed, or maintained for taking, harassing, attracting, or decoying wildlife, fish, and shellfish are public nuisances. If necessary, fish and wildlife officers and ex officio fish and wildlife officers may seize, abate, or destroy these p…
RCW 77.15.500 Commercial fishing without a license—Penalty.
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(1) A person is guilty of commercial fishing without a license in the second degree if the person fishes for, takes, or delivers fish or shellfish while acting for commercial purposes and:(a) The person does not hold a fishery license or delivery license under chapter 77.65 RCW f…
RCW 77.15.510 Acting as a game fish guide, food fish guide, or chartering without a license—Penalty.
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(1) A person is guilty of acting as a game fish guide, food fish guide, or chartering without a license if:(a) The person operates a charter boat and does not hold the charter boat license required for the food fish taken;(b) The person acts as a food fish guide and does not hold…
RCW 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty.
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(1) Except for actions involving shellfish gear punishable under RCW 77.15.522, a person is guilty of commercial fishing using unlawful gear or methods if the person acts for commercial purposes and takes or fishes for any fish or shellfish using any gear or method in violation o…
RCW 77.15.522 Unlawful use of shellfish gear for commercial purposes—Penalty.
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(1) A person is guilty of the unlawful use of shellfish gear for commercial purposes if the person:(a) Takes, fishes for, or possesses crab, shrimp, or crawfish for commercial purposes with shellfish gear that is constructed or altered in a manner that violates any rule of the co…
RCW 77.15.530 Unlawful use of a nondesignated vessel—Penalty.
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(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 operator on a fishery license required by chapter 77.65 RCW, is guilty of unlawful use of a nondesignated vessel if the person takes, fishe…
RCW 77.15.540 Unlawful use of a commercial fishery license—Penalty.
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(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 operator on a fishery license required by chapter 77.65 RCW, is guilty of unlawful use of a commercial fishery license if the person:(a) Do…
RCW 77.15.550 Violation of commercial fishing area or time—Penalty.
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(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, fishes for, possesses, delivers, or receives fish or shellfish:(a) At a time not authorized by statute or rule;(b) From an area that was …
RCW 77.15.552 Qualifying commercial fishing violations.
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(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 commercial fishery to which the violations applied may be suspended by the director for up to one year. A commercial fish…
RCW 77.15.554 License suspension review committee.
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(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 revoked or suspended pursuant to RCW 77.15.552.(2)(a) The license suspension review committee is composed of five v…
RCW 77.15.565 Wholesale fish buyer a limited fish seller—Accounting of commercial harvest—Penalties.
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Since violation of the rules of the department relating to the accounting of the commercial harvest of fish and shellfish results in damage to the resources of the state, liability for damage to fish and shellfish resources is imposed on a wholesale fish buyer or a limited fish s…
RCW 77.15.568 Secondary commercial fish receiver's failure to account for commercial harvest—Penalty.
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(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 at retail, stores, holds, or processes fish or shellfish in exchange for valuable consideration, or brokers or ships fish or shellf…