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Washington

West's Revised Code of Washington Annotated. Title 77. Fish and Wildlife. Chapter 77.15. Fish and Wildlife Enforcement Code. 77.15.210. Obstructing the taking of fish, shellfish, or wildlife--Penalty

Statute Details
Printable Version
Citation: West's RCWA 77.15.210 - 220

Citation: WA ST 77.15.210 - 220


Last Checked by Web Center Staff: 10/2013

Summary:   This set of laws represents Washington's hunter harassment provisions. Under the section, a person is guilty of obstructing the taking of fish, shellfish, or wildlife if the person harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking, or if the person harasses, intimidates, or interferes with an individual engaged in the lawful taking. Violation is a gross misdemeanor. Affirmative defenses include proof that the interference occurred with a person hunting outside the relevant legal hunting season and preventing unauthorized trespass on private property. A person damaged by interference or obstruction may bring a civil action to enjoin further violations and to recover damages, including reasonable attorney's fees and treble damages.


Statute in Full:

 

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

77.15.220. Unlawful posting--Penalty - 77.15.220. Repealed by Laws 2012, ch. 176, § 40, eff. June 7, 2012

 

77.15.210. Obstructing the taking of fish, shellfish, or wildlife--Penalty

(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 individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof.

(2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor.

(3) It is an affirmative defense to a prosecution for obstructing the taking of fish, shellfish, or wildlife that the person charged was:

(a) Interfering with a person engaged in hunting outside the legally established hunting season; or

(b) Preventing or attempting to prevent unauthorized trespass on private property.

(4) The person raising a defense under subsection (3) of this section has the burden of proof by a preponderance of the evidence.

CREDIT(S)

[2001 c 253 § 30; 1998 c 190 § 24.]

<(Formerly: Game and Game Fish)>

HISTORICAL AND STATUTORY NOTES

Laws 2001, ch. 253, § 30 inserted references to shellfish.


 

77.15.212. Damages due to violation of RCW 77.15.210--Civil action

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 the damages sustained. A party seeking civil damages under this section may recover upon proof of a violation by a preponderance of the evidence. The state of Washington may bring a civil action to enjoin violations of this section.

CREDIT(S)

[2000 c 107 § 238.]

 

77.15.220. Unlawful posting--Penalty- 77.15.220. Repealed by Laws 2012, ch. 176, § 40, eff. June 7, 2012

<(Formerly: Game and Game Fish)>

HISTORICAL AND STATUTORY NOTES
The repealed § 77.15.220, which related to unlawful posting, was derived from Laws 1998, ch. 190, § 25.

Former Text:

(1) A person is guilty of unlawful posting if the individual posts signs preventing hunting or fishing on any land not owned or leased by the individual, or without the permission of the person who owns, leases, or controls the land posted.

(2) Unlawful posting is a misdemeanor.

CREDIT(S)

[1998 c 190 § 25.]

 



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