RCW 77.15.100
Seized fish, shellfish, wildlife, and covered animal species part or product—Forfeiture—Sale—Disposition of sale.
(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 under RCW 77.15.425. Seized, recreationally taken or possessed fish, shellfish, and wildlife may be donated to nonprofit charitable organizations. The charitable organization must qualify for tax-exempt status under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code. Seized fish, shellfish, and wildlife may be returned to the environment or otherwise safely disposed of if storage is not practical under the circumstances, after the evidentiary value of the seized fish, shellfish, or wildlife has been preserved through photographs, measurements, biological samples, or other reasonable means. If an exculpatory value is clearly apparent in the seized fish, shellfish, or wildlife, and the exculpatory value is not otherwise reasonably obtainable, the fish, shellfish, or wildlife should be retained.
(2) Fish and wildlife officers may dispose of any covered animal species part or product seized through the enforcement of RCW 77.15.135 through a donation to a bona fide educational or scientific institution, solely for the purposes of raising awareness of the trafficking and threatened nature of endangered animals, as allowed under state, federal, and international law.
(3) Unless otherwise provided in this title, fish, shellfish, wildlife, or any covered animal species part or product taken or possessed in violation of this title or department rule shall be forfeited to the state upon:
(a) Conviction as defined in RCW 77.15.050;
(b) A finding of guilt or plea of guilty pursuant to an amended information for any violation that was originally charged as a violation of this title or department rule regardless of whether the imposition of sentence is deferred or the penalty is suspended;
(c) Any infraction adjudicated under this title, department rule, or chapter 7.84 RCW with a final disposition of committed, paid, or uncontested, regardless of whether the violation was originally charged as a criminal offense and regardless of whether the penalty is suspended or deferred; or
(d) Any disposition of a case arising from an act originally charged as a violation of this title or department rule, or an infraction cited or referred as a violation of this title, department rule, or chapter 7.84 RCW, whereby the offender enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions. For cases resulting in other types of dispositions that are not defined in RCW 77.15.050, including findings of not guilty, not committed, or dismissal with prejudice due to a failure of proof or violation of law, the fish, shellfish, wildlife, or covered animal species part or product may be returned, or its equivalent value paid, if the fish, shellfish, wildlife, or covered animal species part or product have already been donated or sold. If a case is dismissed without prejudice and is subject to being refiled, the seized fish, shellfish, wildlife, or covered animal species part or product need not be returned until the statute of limitations for the violation has expired. Nothing in this section prevents the seizing authority from pursuing forfeiture under RCW 77.15.070 or any other statute or rule.
[ 2020 c 38 § 2; 2016 c 2 § 5 (Initiative Measure No. 1401, approved November 3, 2015); 2014 c 48 § 4; 2012 c 176 § 10; 2009 c 333 § 39; 2000 c 107 § 235; 1998 c 190 § 63.]
NOTES:
Finding—2016 c 2 (Initiative Measure No. 1401): See note following RCW 77.15.135.
Structure Revised Code of Washington
Chapter 77.15 - Fish and Wildlife Enforcement Code.
77.15.010 - Exemption for department actions.
77.15.030 - Individual animal unlawfully taken—Separate offense.
77.15.050 - "Conviction" defined.
77.15.060 - Reference to chapters 7.84 and 9A.20 RCW.
77.15.065 - Authority of attorney general if prosecuting attorney defaults.
77.15.070 - Civil forfeiture of property used for violation of chapter.
77.15.075 - Enforcement authority of fish and wildlife officers—Volunteer chaplain.
77.15.085 - Seizure without warrant.
77.15.090 - Search, arrest warrant—Issuance—Execution.
77.15.092 - Arrest without warrant.
77.15.094 - Search without warrant—Seizure of evidence, property—Limitation.
77.15.096 - Inspection without warrant—Commercial fish and wildlife entities—Limitations.
77.15.098 - Willful misconduct/gross negligence—Civil liability.
77.15.110 - Acting for commercial purposes—When—Proof.
77.15.120 - Endangered fish or wildlife—Unlawful taking—Penalty.
77.15.150 - Poison or explosives—Unlawful use—Penalty.
77.15.160 - Infractions—Penalties.
77.15.170 - Waste of fish and wildlife—Penalty.
77.15.180 - Unlawful interference with fishing or hunting gear—Penalty.
77.15.190 - Unlawful trapping—Penalty.
77.15.191 - Revocation of trapper's license—Placement of unauthorized traps.
77.15.194 - Unlawful traps—Penalty.
77.15.196 - Unlawful poison—Penalty.
77.15.198 - Violation of RCW 77.15.194 or 77.15.196—Penalty.
77.15.210 - Obstructing the taking of fish, shellfish, or wildlife—Penalty.
77.15.212 - Damages due to violation of RCW 77.15.210—Civil action.
77.15.230 - Department lands or facilities—Unlawful use—Penalty.
77.15.260 - Unlawful trafficking in fish, shellfish, or wildlife—Penalty.
77.15.270 - Providing false information—Penalty.
77.15.280 - Reporting of fish or wildlife harvest—Rules violation—Penalty.
77.15.290 - Unlawful transportation of fish or wildlife—Penalty.
77.15.300 - Unlawful hydraulic project activities—Penalty.
77.15.340 - Unlawful operation of a game farm—Penalty.
77.15.350 - Inspection and disease control of aquatic farms—Rules violation—Penalty.
77.15.360 - Unlawful interfering in department operations—Penalty.
77.15.380 - Unlawful recreational fishing in the second degree—Penalty.
77.15.382 - Unlawful use of shellfish gear for personal use purposes—Penalty.
77.15.390 - Seaweed—Unlawful taking—Penalty.
77.15.395 - Hunter safety—Visible clothing requirement—Penalty.
77.15.400 - Unlawful hunting of wild birds—Violation of a rule requiring nontoxic shot—Penalty.
77.15.410 - Unlawful hunting of big game—Penalty.
77.15.420 - Illegally taken or possessed wildlife—Criminal wildlife penalty assessed.
77.15.425 - Fish and wildlife enforcement reward account.
77.15.430 - Unlawful hunting of wild animals—Penalty.
77.15.440 - Weapons, traps, or dogs on game reserves—Unlawful use—Penalty.
77.15.450 - Spotlighting big game—Penalty.
77.15.470 - Wildlife check stations or field inspections—Unlawful avoidance—Penalty.
77.15.480 - Certain devices declared public nuisances.
77.15.500 - Commercial fishing without a license—Penalty.
77.15.510 - Acting as a game fish guide, food fish guide, or chartering without a license—Penalty.
77.15.520 - Commercial fishing—Unlawful gear or methods—Penalty.
77.15.522 - Unlawful use of shellfish gear for commercial purposes—Penalty.
77.15.530 - Unlawful use of a nondesignated vessel—Penalty.
77.15.540 - Unlawful use of a commercial fishery license—Penalty.
77.15.550 - Violation of commercial fishing area or time—Penalty.
77.15.552 - Qualifying commercial fishing violations.
77.15.554 - License suspension review committee.
77.15.565 - Wholesale fish buyer a limited fish seller—Accounting of commercial harvest—Penalties.
77.15.568 - Secondary commercial fish receiver's failure to account for commercial harvest—Penalty.
77.15.580 - Unlawful use of net to take fish—Penalty.
77.15.590 - Commercial fishing vessel—Unlawful use for recreational or charter fishing—Penalty.
77.15.600 - Engaging in commercial wildlife activity without a license—Penalty.
77.15.610 - Unlawful use of a commercial wildlife license—Penalty.
77.15.620 - Engaging in fish dealing activity without a license—Penalty.
77.15.630 - Unlawful fish and shellfish catch accounting—Penalty.
77.15.640 - Unlawful wholesale fish buying and dealing—Penalty.
77.15.650 - Unlawful purchase or use of a license—Penalty.
77.15.660 - Unlawful use of scientific permit—Penalty.
77.15.675 - Hunting while intoxicated—Penalty.
77.15.680 - Department authority to suspend privileges—Form and procedure.
77.15.690 - Department authority to revoke licenses.
77.15.700 - Grounds for department revocation and suspension of recreational license—Appeal.
77.15.710 - Conviction for assault—Revocation of licenses and suspension of privileges.
77.15.730 - Wildlife violator compact citations and convictions.
77.15.732 - Citations from wildlife violator compact party state—Failure to comply.
77.15.740 - Protection of southern resident orca whales—Unlawful activities—Penalty.
77.15.750 - Unlawful use of a department permit—Penalty.
77.15.760 - Suspension of a master hunter permit—Appeal hearing.
77.15.770 - Unlawful trade in shark fins—Penalty.
77.15.780 - Disposition of judicially forfeited seized property.
77.15.800 - Engaging in wildlife rehabilitation without a permit—Penalty.
77.15.803 - Inspection of aquatic conveyance.
77.15.805 - Violation of an invasive species law—Warrant.
77.15.807 - Invasive species in or on water body or property—Warrant.
77.15.809 - Unlawful use of invasive species in the second degree—Penalty.
77.15.811 - Unlawful use of invasive species in the first degree—Penalty.
77.15.813 - Unlawfully engaging in fishing guide activity—Penalty.
77.15.815 - Unlawfully engaging in commercial whale watching—Penalty.