RCW 77.15.160
Infractions—Penalties.
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 and do not affect any criminal prosecution or investigatory authority over criminal offenses:
(1) Fishing and shellfishing infractions:
(a) Barbed hooks: Fishing for personal use with barbed hooks in violation of any department rule.
(b) Catch recording: Failing to immediately record a catch of fish or shellfish on a catch record card as required by RCW 77.32.430 or department rule.
(c) Catch reporting: Failing to return a catch record card to the department as required by department rule.
(d) Recreational fishing: Fishing for fish or shellfish and the person:
(i) Fails to have in the person's possession the license or the catch record card required by chapter 77.32 RCW for such an activity; or
(ii) Violates any department rule regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of fishing for fish or shellfish and the violation involves:
(A) Salmon or steelhead;
(B) Sturgeon;
(C) Game fish;
(D) Food fish;
(E) Shellfish;
(F) Unclassified fish or shellfish;
(G) Waste of food fish, game fish or shellfish. This subsection (1)(d)(ii) does not apply to use of a net to take fish under RCW 77.15.580 or unlawful recreational fishing in the first degree under RCW 77.15.370.
(e) Seaweed: Taking, possessing, or harvesting less than two times the daily possession limit of seaweed:
(i) While the person is not in possession of the license required by chapter 77.32 RCW; or
(ii) In violation of any rule of the department or the department of natural resources regarding seasons, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed.
(2) Hunting infractions:
(a) A person engages in an activity defined by chapter 77.32 RCW while not having in the person's possession or having failed to purchase the hunting license or tag required by that chapter, not including big game.
(b) Eggs or nests: Maliciously, and without permit authorization, destroying, taking, or harming the eggs or active nests of a wild bird not classified as endangered or protected. For purposes of this subsection, "active nests" means nests that contain eggs or fledglings.
(c) Hunting for wildlife not classified as big game and the person violates any department rule regarding seasons, closed areas, closed times, or any other rule defining the method or manner of hunting or taking wildlife and the violation involves:
(i) Unclassified wildlife;
(ii) Small game;
(iii) Furbearers;
(iv) Game birds;
(v) Wild birds;
(vi) Wild animals;
(vii) Waste of small game.
(3) Trapping, taxidermy, fur dealing, and wildlife meat cutting infractions:
(a) Recordkeeping and reporting: If a person is a taxidermist, fur dealer, or wildlife meat cutter who is processing, holding, or storing wildlife for commercial purposes, failing to:
(i) Maintain records as required by department rule; or
(ii) Report information from these records as required by department rule.
(b) Trapper's report: Failing to report trapping activity as required by department rule.
(4) Limited fish seller infraction: Failure of a holder of a limited fish seller endorsement to satisfy the food safety requirements to consumers under RCW 77.65.510(2).
(5)(a) Invasive species management infractions:
(i) Out-of-state certification: Entering Washington in possession of an aquatic conveyance that does not meet certificate of inspection requirements as provided under RCW 77.135.100;
(ii) Clean and drain requirements: Possessing an aquatic conveyance that does not meet clean and drain requirements under RCW 77.135.110;
(iii) Clean and drain orders: Possessing an aquatic conveyance and failing to obey a clean and drain order under RCW 77.135.110 or 77.135.120; and
(iv) Aquatic invasive species prevention permit requirements: Failing to possess a valid aquatic invasive species prevention permit as required under RCW 77.135.210, 77.135.220, or 77.135.230.
(b) Unless the context clearly requires otherwise, the definitions in both RCW 77.08.010 and 77.135.010 apply throughout this subsection (5).
(6) Other infractions:
(a) Contests: Unlawfully conducting, holding, or sponsoring a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife.
(b) Other rules: Violating any other department rule that is designated by rule as an infraction.
(c) Posting signs: Posting signs preventing hunting or fishing on any land not owned or leased by the person doing the posting, or without the permission of the person who owns, leases, or controls the land posted.
(d) Department permits: Except as provided in RCW 77.15.750, using a department permit issued by the department, and the person:
(i) Violates any terms or conditions of the permit;
(ii) Violates any department rule applicable to the issuance or use of permits; or
(iii) Violates any commercial use or activity permits, noncommercial use or activity permits, or parking permits.
(e) This subsection does not apply to discover pass, vehicle access pass, or day-use permit requirements or penalties pursuant to RCW 79A.80.080.
[ 2020 c 38 § 3. Prior: 2017 3rd sp.s. c 17 § 303; 2017 3rd sp.s. c 8 § 42; prior: 2014 c 202 § 204; 2014 c 48 § 7; 2013 c 307 § 2; 2012 c 176 § 15; 2000 c 107 § 237; 1998 c 190 § 17.]
NOTES:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Findings—2014 c 202: See note following RCW 77.135.010.
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.