RCW 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, shellfish, or wildlife or any parts thereof. Commercial conduct may include taking, delivering, selling, buying, brokering, or trading fish, seaweed, shellfish, or wildlife where there is present or future exchange of money, goods, or any valuable consideration. Evidence that a person acts for commercial purposes includes, but is not limited to, the following conduct:
(a) Using gear typical of that used in commercial fisheries;
(b) Exceeding the bag or possession limits for personal use by taking or possessing more than three times the amount of fish, seaweed, shellfish, or wildlife allowed;
(c) Delivering or attempting to deliver fish, seaweed, shellfish, or wildlife to a person who sells or resells it;
(d) Taking fish or shellfish using a vessel designated on a commercial fishery license or using gear not authorized in a personal use fishery;
(e) Using a commercial fishery license;
(f) Selling or dealing in raw furs for a fee or in exchange for goods or services;
(g) Performing taxidermy service on fish, shellfish, or wildlife belonging to another person for a fee or receipt of goods or services; or
(h) Packs, cuts, processes, or stores the meat of wildlife for consumption, for a fee or in exchange for goods or services.
(2) For purposes of this chapter, the value of any fish, seaweed, shellfish, or wildlife may be proved based on evidence of legal or illegal sales involving the person charged or any other person, of offers to sell or solicitation of offers to sell by the person charged or by any other person, or of any market price for the fish, seaweed, shellfish, or wildlife including market price for farm-raised game animals. The value assigned to specific fish, seaweed, shellfish, or wildlife by RCW 77.15.420 may be presumed to be the value of such fish, seaweed, shellfish, or wildlife. It is not relevant to proof of value that the person charged misrepresented that the fish, seaweed, shellfish, or wildlife was taken in compliance with law if the fish, seaweed, shellfish, or wildlife was unlawfully taken and had no lawful market value.
[ 2017 3rd sp.s. c 8 § 8; 2012 c 176 § 13; 2002 c 127 § 2; 2001 c 253 § 27; 1998 c 190 § 8.]
NOTES:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Intent—2002 c 127: "The legislature intends to clarify that when a crime under chapter 77.15 RCW requires proof that a person acted for commercial purposes, that element refers to engaging in particular conduct that is commercial in nature and the element does not imply that a particular state of mind must exist. This act revises the existing definition of that element to confirm that the element is fulfilled by engaging in commercial conduct and to eliminate any implication that a particular mental state of mind must be shown. Examples are given of the type of conduct that may be considered as evidence that a person acts for a commercial purpose; however, these examples do not create a conclusive presumption that a person acts for a commercial purpose." [ 2002 c 127 § 1.]
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.