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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, 77.15.253. Unlawful use of prohibited aquatic animal species--Penalty

Statute Details
Printable Version
Citation: West's RCWA 77.15.253

Citation: WA ST 77.15.253


Last Checked by Web Center Staff: 10/2013

Summary:   This Washington statute pertains to unlawful use and release of prohibited, regulated, and unlisted aquatic animal species. A person is guilty of unlawful use if s/he possesses, imports, purchases, sells, propagates, transports, or releases a prohibited aquatic animal species within the state, with exceptions. A violation is a gross misdemeanor.


Statute in Full:

 

(1) A person is guilty of unlawful use of a prohibited aquatic animal species if he or she possesses, imports, purchases, sells, propagates, transports, or releases a prohibited aquatic animal species within the state, except as provided in this section.

(2) Unless otherwise prohibited by law, a person may:

(a) Transport prohibited aquatic animal species to the department, or to another destination designated by the director, in a manner designated by the director, for purposes of identifying a species or reporting the presence of a species;

(b) Possess a prohibited aquatic animal species if he or she is in the process of removing it from watercraft or equipment in a manner specified by the department;

(c) Release a prohibited aquatic animal species if the species was caught while fishing and it is being immediately returned to the water from which it came; or

(d) Possess, transport, or release a prohibited aquatic animal species as the commission may otherwise prescribe.

(3) Unlawful use of a prohibited aquatic animal species is a gross misdemeanor. A subsequent violation of subsection (1) of this section within five years is a class C felony.

(4) A person is guilty of unlawful release of a regulated aquatic animal species if he or she releases a regulated aquatic animal species into state waters, unless allowed by the commission.

(5) Unlawful release of a regulated aquatic animal species is a gross misdemeanor.

(6) A person is guilty of unlawful release of an unlisted aquatic animal species if he or she releases an unlisted aquatic animal species into state waters without requesting a commission designation under RCW 77.12.020.

(7) Unlawful release of an unlisted aquatic animal species is a gross misdemeanor.

(8) This section does not apply to:

(a) The transportation or release of organisms in ballast water;

(b) A person stopped at an aquatic invasive species check station who possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive species, if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or

(c) A person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department and has received a receipt verifying that the watercraft has not been contaminated since its last use.

Credits
[2007 c 350 § 5, eff. July 22, 2007; 2002 c 281 § 4.]

 

<(Formerly: Game and Game Fish)>



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