Full Statute Name:  West's Revised Code of Washington Annotated, Title 77. Fish and Wildlife, Chapter 77.15. Fish and Wildlife Enforcement Code, 77.15.260. Unlawful trafficking in fish, shellfish, or wildlife--Penalty

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Primary Citation:  West's RCWA 77.15.260 Country of Origin:  United States Last Checked:  October, 2014 Alternate Citation:  WA ST 77.15.260 Date Adopted:  2001
Summary:

This Washington statute pertains to unlawful trafficking in fish, shellfish, and wildlife. A person is guilty of unlawful trafficking in the second degree if s/he traffics in such animals with a wholesale value of less than $250 and the animals are unclassified or classified as game, food fish, shellfish, game fish, or protected wildlife. Unlawful trafficking in the first degree occurs when the animals have a value of $250 or more or the animals are classified as endangered or deleterious exotic wildlife.

Statute Text: 

(1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree if the person traffics in fish, shellfish, or wildlife with a wholesale value of less than two hundred fifty dollars and:

(a) The fish or wildlife is classified as game, food fish, shellfish, game fish, or protected wildlife and the trafficking is not authorized by statute or department rule; or

(b) The fish, shellfish, or wildlife is unclassified and the trafficking violates any department rule.

(2)(a) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the first degree if the person commits the act described by subsection (1) of this section and:

(i) The fish, shellfish, or wildlife has a value of two hundred fifty dollars or more; or

(ii) The fish, shellfish, or wildlife is designated as an endangered species or deleterious exotic wildlife and such trafficking is not authorized by any statute or department rule.

(b) For purposes of this subsection (2), whenever any series of transactions that constitute unlawful trafficking would, when considered separately, constitute unlawful trafficking in the second degree due to the value of the fish, shellfish, or wildlife, and the series of transactions are part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all the transactions considered when determining the degree of unlawful trafficking involved.

(3)(a) Unlawful trafficking in fish, shellfish, or wildlife in the second degree is a class C felony.

(b) Unlawful trafficking in fish, shellfish, or wildlife in the first degree is a class B felony.

CREDIT(S)

[2012 c 176 § 19, eff. June 7, 2012; 2001 c 253 § 33; 1998 c 190 § 42.]

<(Formerly: Game and Game Fish)>

HISTORICAL AND STATUTORY NOTES

Laws 2001, ch. 253, § 33 inserted references to shellfish.

2012 Legislation

Laws 2012, ch. 176, § 19, made nonsubstantive changes; inserted subsec. (2)(b); in subsec. (3)(a), substituted “class C felony” for “gross misdemeanor”; and, in subsec. (3)(b), substituted “class B” for “class C”.

 

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