RCW 77.15.770
Unlawful trade in shark fins—Penalty.
(1) Except as otherwise provided in this section, a person is guilty of unlawful trade in shark fins in the second degree if:
(a) The person sells, offers for sale, purchases, offers to purchase, or otherwise exchanges a shark fin or shark fin derivative product for commercial purposes; or
(b) The person prepares or processes a shark fin or shark fin derivative product for human or animal consumption for commercial purposes.
(2) Except as otherwise provided in this section, a person is guilty of unlawful trade in shark fins in the first degree if:
(a) The person commits the act described by subsection (1) of this section and the violation involves shark fins or a shark fin derivative product with a total market value of two hundred fifty dollars or more;
(b) The person commits the act described by subsection (1) of this section and acted with knowledge that the shark fin or shark fin derivative product originated from a shark that was harvested in an area or at a time where or when the harvest was not legally allowed or by a person not licensed to harvest the shark; or
(c) The person commits the act described by subsection (1) of this section and the violation occurs within five years of entry of a prior conviction under this section or a prior conviction for any other gross misdemeanor or felony under this title involving fish, other than a recreational fishing violation.
(3)(a) Unlawful trade in shark fins in the second degree is a gross misdemeanor. Upon conviction, the department shall suspend any commercial fishing privileges for the person that requires a license under this title for a period of one year.
(b) Unlawful trade in shark fins in the first degree is a class C felony. Upon conviction, the department shall suspend any commercial fishing privileges for the person that requires a license under this title for a period of one year.
(4) Any person who obtains a license or permit issued by the department to take or possess sharks or shark parts for bona fide research or educational purposes, and who sells, offers for sale, purchases, offers to purchase, or otherwise trades a shark fin or shark fin derivative product, exclusively for bona fide research or educational purposes, may not be held liable under or subject to the penalties of this section.
[ 2014 c 48 § 23; 2011 c 324 § 2.]
NOTES:
Findings—2011 c 324: "The legislature finds and declares the following:
(1) The practice of shark finning, where a shark is caught, its fins are sliced off while it is still alive, and the animal returned to the sea severely and almost always fatally wounded, constitutes a serious threat to Washington's coastal ecosystem and biodiversity. Sharks are particularly susceptible to overfishing because they only reach sexual maturity between seven to twelve years of age and hatch or birth small litters. The destruction of the population of sharks, which reside at the top of the marine food chain, is an urgent problem that upsets the balance of species in the ocean ecosystem.
(2) Shark finning condemns millions of sharks every year to slow, painful deaths. Returned to the water without their fins, the maimed sharks are attacked by other predators or drown, because most shark species must swim in order to push water through their gills. Shark finning is therefore a cruel practice contrary to the good morals of the citizens of the state of Washington.
(3) The market for shark fins drives the brutal practice of shark finning. Shark finning and trade in shark fins and shark fin derivative products are occurring all along the Pacific Coast, including the state of Washington.
(4) The consumption of shark fins and shark fin derivative products by humans may cause serious health risks, including risks from mercury." [ 2011 c 324 § 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.