SB 6071 — Concerning increased deterrence and meaningful enforcement of fish and wildlife violations.

S-5237.2SUBSTITUTEZ-0651.3SENATE SENATE BILL 6071State of Washington66th Legislature2020 Regular SessionBySenateSessionBySenators Agriculture, Water, Natural Resources & Parks (originally sponsored by Senators Van De Wege, Warnick, and Lovelett;

by request of Department of Fish and Wildlife)READWildlifePrefiled FIRST12/12/19.Read TIMEfirst 01/24/20.ANtime 01/13/20.Referred to Committee on Agriculture, Water, Natural Resources & Parks.AN ACT Relating to increased deterrence and meaningful enforcement of fish and wildlife violations;

amending RCW 77.15.075, 77.15.100, 77.15.700, and 7.84.070;

RCW 77.15.700 and 2012 c 176 s 35 are each amended to read as follows:(1) The department shall revoke a person's recreational license or licenses and suspend a person's recreational license privileges in the following circumstances:(a) Upon conviction, if directed by statute for an offense.(b) Upon conviction, failure to appear at a hearing to contest an infraction or criminal charge, or an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, if the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife.

Suspension of privileges under this subsection ((may be))is permanent.(c) If a person is convicted, fails to appear at a hearing to contest an infraction or criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, twice within ten years for a violation involving unlawful hunting, killing, or possessing big game.

Revocation and suspension under this subsection must be ordered for all hunting privileges for at least two years and up to ten years.(d) If a person violates, three times or more in a ten-year period, recreational hunting or fishing laws or rules for which the person:

(i) Is convicted of an offense;

(ii) has an unvacated payment of a fine or a finding of committed as a final disposition for any infraction;

or (iii) fails to appear at a hearing to contest an infraction or a criminal citation.

Revocation and suspension under this subsection must be ordered of all recreational hunting and fishing privileges for at least two years and up to ten years.(2)(a) A violation punishable as an infraction counts towards the revocation and suspension of recreational hunting and fishing privileges under this section if that violation is:(i) Punishable as a crime on July 24, 2005, and is subsequently decriminalized;

or(ii) One of the following violations, as they exist on July 24, 2005:

RCW 77.15.160;

WAC 220-56-116;

WAC 220-56-315(11);

or WAC 220-56-355 (1) through (4).(b) The commission may, by rule, designate infractions that do not count towards the revocation and suspension of recreational hunting and fishing privileges.(3) If either the deferred education licensee or the required nondeferred accompanying person, hunting under the authority of RCW 77.32.155(2), is convicted of a violation of this title, fails to appear at a hearing to contest a fish and wildlife infraction or a criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any fish and wildlife infraction, except for a violation of RCW 77.15.400 (1) through (4), the department may revoke all hunting licenses and tags and may order a suspension of either or both the deferred education licensee's and the nondeferred accompanying person's hunting privileges for one year.(4) A person who has a recreational license revoked and privileges suspended under this section may file an appeal with the department pursuant to chapter 34.05 RCW.

An appeal must be filed within twenty days of notice of license revocation and privilege suspension.

If an appeal is filed, the revocation and suspension issued by the department do not take effect until twenty-one days after the department has delivered an opinion.

If no appeal is filed within twenty days of notice of license revocation and suspension, the right to an appeal is waived, and the revocation and suspension take effect twenty-one days following the notice of revocation and suspension.(5) A recreational license revoked and privilege suspended under this section is in addition to the statutory penalties assigned to the underlying violation.Sec.

5.