Do you think that someone at WDFW may have been sleeping just a little on their jobs?



It's looks like they spent our funds very wisely again when they printed up the sport fishing regulations again!

Rule changes and corrections are:

Page 8 - Rule Change Highlights for 2003, June Salmon Fishing Re-opens in Tacoma
Error: Marine area 13 was incorrectly stated as being closed to salmon fishing during the month of May.

Correction: Marine Area 13 will be closed to salmon fishing for the month of June, but will then be open continuously for salmon retention from July 1 through April 30.

Page 28 - Cowlitz River (Cowlitz/Lewis Co.) from boundary markers at mouth to barrier dam
Error: Release CHUM and WILD COHO was omitted from the August 1 through December 31 SALMON season.

Correction: SALMON - August 1 through December 31 release CHUM and WILD COHO.

Page 29 - Deep River (Wahkiakum Co.) from mouth to town bridge
Error: Release requirements during SALMON season was incorrectly stated.
Correction: SALMON - Release CHUM and WILD COHO year-round. Release wild CHINOOK January 1 through July 31.

Page 29 - Deep River (Wahkiakum Co.) from town bridge upstream
Error: Release WILD CUTTHROAT was omitted from the TROUT season.
Correction: TROUT - Release WILD CUTTHROAT year-round.

Page 29 - Deschutes River (Thurston Co.) downstream of lowest Tumwater Falls fish ladder
Error: Reference to See Capitol Lake was omitted.
Correction: Add reference See Capitol Lake.

Page 44 - Skykomish River (Snohomish Co.) from Wallace River to forks
Error: ALL SPECIES - fishing from any floating device prohibited 8:00 a.m. August 1 through March 31 was incorrectly stated.
Correction: ALL SPECIES - Fishing from any floating device prohibited in the area 1500' upstream to 1000' downstream of Reiter Ponds outlet August 1 through February 29.

Page 46 - Stillaguamish, North Fork (Snohomish Co.) from mouth to Swede Heaven Bridge
Error: ALL GAME FISH - Fly fishing only from March 1 through November 30 was incorrectly stated.
Correction: ALL GAME FISH - March 1 through November 30 catch-and-release except up to 2 hatchery steelhead may be retained. Fly fishing only April 16 through November 30.

Page 46 - Stillaguamish, North Fork (Snohomish Co.)
Error: ALL SPECIES - Fishing from any floating device equipped with a motor prohibited upstream of the Hwy 530 Bridge at mile post 28.8 (Cicero Bridge) was incorrectly stated.
Correction: ALL SPECIES - Fishing from any floating device prohibited upstream of the Hwy 530 Bridge at mile post 28.8 (Cicero Bridge).

Page 51 - Baker Lake (Whatcom Co.)
Error: Chumming permitted for TROUT the last Saturday in April through October 31 was omitted.
Correction: ALL SPECIES - Last Saturday in April through October 31 chumming permitted.

Page 52 - Clear Lake (Pierce Co.)
Error: Chumming permitted for SALMON the last Saturday in April through October 31 was omitted.
Correction: ALL SPECIES - Last Saturday in April through October 31 chumming permitted.

Page 55 - Maggie Lake (Mason Co.)
Error: Wrong SALMON season stated.
Correction: SALMON - Last Saturday in April through November 30.

Page 58 - Shannon Lake (Skagit Co.)
Error: Chumming permitted for TROUT the last Saturday in April through October 31 was omitted.
Correction: ALL SPECIES - Last Saturday in April through October 31 chumming permitted.

Page 58 - Stevens Lake (Snohomish Co.)
Error: Chumming permitted for OTHER GAME FISH year-round was omitted.
Correction: ALL SPECIES - Year-round chumming permitted.

Page 59 - Swift Reservoir (Skamania Co.) from marker approximately 3/8 mile below Eagle Cliff Bridge
Error: Selective gear rules except motors allowed was omitted from SALMON season.
Correction: ALL SPECIES - selective gear rules except motors allowed last Saturday in April through October 31.

Page 59 - Vancouver Lake (Clark Co.) and all other waters west of Burlington-Northern Railroad from Columbia River drawbridge near Vancouver downstream to Lewis River
Error: Chumming permitted was omitted from OTHER GAME FISH season.
Correction: ALL SPECIES - Year-round chumming permitted.

Page 65 - Columbia River from Hwy. 395 Bridge at Pasco to Old Hanford townsite wooden powerline towers.
Error: No reference to a TROUT season.
Correction: TROUT - October 1 through March 31 minimum size 20", daily limit 2 STEELHEAD only. Only STEELHEAD with both an adipose fin clip and a ventral fin clip may be retained.

Page 67 - Kettle River (Ferry/Stevens Co.)
Error: TROUT, OTHER GAME FISH, and WHITEFISH season and gear errors.
Correction: TROUT - June 1 through October 31 season, minimum size 12", daily limit 2, selective gear rules. OTHER GAME FISH - June 1 through October 31 season, statewide minimum size and daily limit. WHITEFISH - November 1 through May 31, no minimum size, daily limit 15 WHITEFISH ONLY, only one single hook 3/16" measured point to shank (size 14) may be used.

Page 70 and 71 - Missing pages
Error: An error in the numbering sequence occurred which skipped page numbers 70 and 71.
Correction: No changes or corrections required. Due to a numbering error, page numbers 70 and 71 were omitted. Important alphabetic list of waters remain intact.

Page 73 - Spokane River (Spokane Co.) from Seven Mile Bridge to Monroe Street Dam
Error: Selective gear rules was omitted from SALMON season.
Correction: SALMON - Year-round selective gear rules required.

Page 75 - White Salmon River (Kllickitat/Skamania Co.) from the powerhouse to Northwestern (Condit) Dam
Error: The minimum size was incorrectly stated for the SALMON & STEELHEAD season April 1 through June 15.
Correction: SALMON & STEELHEAD - April 1 - June 1 SALMON minimum size 12", and STEELHEAD minimum size 20".

Page 80 - Easton Lake (Kittitas Co.)
Error: Season for TROUT and OTHER GAME FISH was incorrectly stated.
Correction: TROUT and OTHER GAME FISH open May 24 through October 31.

Page 81 - Homestead Lake (Grant Co.)
Error: Selective gear rules was omitted from OTHER GAME FISH additional rules.
Correction: OTHER GAME FISH - Selective gear rules required year-round

Page 81 - Horseshoe Lake (Pend Oreille Co.)
Error: Selective Gear Rules are required on this lake.
Correction: Selective Gear Rules are not required.

Page 87 - Wapato Lake (Chelan Co.)
Error: Selective gear rules was omitted from OTHER GAME FISH.
Correction: OTHER GAME FISH - Selective gear rules except internal combustion engines allowed. August 1 through October 31.

Page 94 - Marine Area 2, Special HALIBUT Fishery
Error: Coordinates for the special HALIBUT Fishery in Marine Area 2 are not correct.
Correction: The special HALIBUT fishery should state: Those waters from the Queets River south to 47º00'00"N and east of 124º40'00"W longitude are open to HALIBUT fishing 7 days a week during open season.

Page 100 - Marine Area 7, San Juan Island Marine Preserve
Error: San Juan Marine Preserve closure statement was omitted.
Correction: San Juan Islands Marine Preserve (False Bay, Friday Harbor, Argyle Lagoon, Yellow and Low Islands and Shaw Island): Closed to all SHELLFISH and BOTTOMFISH activity (except crabbing in Parks Bay on Shaw Island)
-------------------------------------------------------

I am sure glad that someone had proof read the regulations before they were sent out!!


Cowlitzfisherman

That's what happens when you RIF 10% of your employees.

rember it also becomes our problem if we where to follow the printed RULES, our ticket/fine to pay!

You'll seldom get a ticket for following the printed rules no matter what changes are made unless those changes are conspicuously posted at the public access where you're fishing. You might say the printed rules rule when it comes to legal rulings.

Such sloppiness in proofreading tells me that some of the more lazy apathetic employees in leadership need to be axed. The Department is probably top heavy with seniority enhanced assumedly secure positions.

Plunker,

I have to disagree with you on the printed rules, since the inception of WDFW's web site I have had friends get tickets for ommisions in the pamphlet, it is the fishermans resonsebility to check the web or hotline before going fishing to make sure that you are current on reg changes. Bummer huh!

Bummer? Yup! Bummer that you are flat out wrong! Bummer that you fell for the propaganda about anglers needing to check the web or dial a hotline before each fishing trip. The WDFW might want us to or wish we might but in truth a huge portion of licensed anglers are not connected to the internet and cannot be required to spend $1.00 or more per fishing trip in long distance charges to listen to recordings on a telephone.

Many anglers do not catch every radio outdoors report nor do they all read the newspaper daily and, believe it or not, they don't check in with the local sporting goods outlet on the way to the fishing hole.

Putting the changes on the radio, on the web, in the newspapers and in the hands of retailers' helps to inform many of us but will never provide that information to each and every angler beyond reasonable doubt.

Fishing law violations are criminal and must be proven beyond reasonable doubt. When you buy a license you are issued a regulation pamphlet and if you take due care to read that pamphlet and follow the rules printed in it you have fulfilled your requirement to act within the law.

Most enforcement officers are instructed to issue warnings and informational handouts to offending anglers apparently not informed of rule changes. That is because convictions for such violations would be nearly impossible to get.

Now you see why they must post any changes at the access where they intend to issue anything more than informational warnings.

None of my friends have been issued tickets for violations of changes because they choose to be informed and obey the law but if some of your friends suffered such a fate they should have had the guts to take up the matter with the courts. Then again they may have had hearts of liver. Bummer huh!

Let me make it clear that I DO NOT advocate breaking the rules and playing dumb as an excuse. I simply wish to point out that in this area the system needs repair. It is simply unrealistic for the managers to make as many as 200-300 rule changes in a year and expect to orchestrate compliance.

The "Fishing in Washington" pamphlet consists of 134 pages of rules without the errata or the hundreds of changes included. It would seem obvious to the layman that the WDFW has developed into a monstrosity of bureaucratic administration with the pomposity to think that they can micromanage not only their fishermen clients but mother nature herself.

Plunker,
Offenses wont be criminal much longer. They will be infractions

SENATE BILL 5029
_____________________________________________

State of Washington 58th Legislature 2003 Regular Session

By Senator Morton

Read first time 01/13/2003. Referred to Committee on Parks, Fish &
Wildlife.


AN ACT Relating to fish and wildlife infractions; amending RCW 77.15.130,
77.15.140, 77.15.170, 77.15.180, 77.15.190, 77.15.220, 77.15.230, 77.15.240,
77.15.280, 77.15.290, 77.15.330, 77.15.380, 77.15.400, 77.15.430, 77.15.440, and
77.15.460; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 77.15.130 and 1998 c 190 s 14 are each amended to read as
follows:
(1) A person is guilty of unlawful taking of protected fish or wildlife if:
(a) The person hunts, fishes, possesses, or maliciously kills protected
fish or wildlife, or the person possesses or maliciously destroys the eggs or
nests of protected fish or wildlife, and the taking has not been authorized by
rule of the commission; or
(b) The person violates any rule of the commission regarding the taking,
harming, harassment, possession, or transport of protected fish or wildlife.
(2) Unlawful taking of protected fish or wildlife is (({- a misdemeanor -
})) {+ an infraction, to be cited and punished as provided under chapter 7.84
RCW +}.

Sec. 2. RCW 77.15.140 and 1998 c 190 s 15 are each amended to read as
follows:
(1) A person is guilty of unlawful taking of unclassified fish or wildlife
if:
(a) The person kills, hunts, fishes, takes, holds, possesses, transports,
or maliciously injures or harms fish or wildlife that is not classified as big
game, game fish, game animals, game birds, food fish, shellfish, protected
wildlife, or endangered wildlife; and
(b) The act violates any rule of the commission or the director.
(2) Unlawful taking of unclassified fish or wildlife is (({- a misdemeanor
-})) {+ an infraction, to be cited and punished as provided under chapter 7.84
RCW +}.

Sec. 3. RCW 77.15.170 and 1999 c 258 s 5 are each amended to read as
follows:
(1) A person is guilty of waste of fish and wildlife in the second degree
if:
(a) The person kills, takes, or possesses fish, shellfish, or wildlife and
the value of the fish, shellfish, or wildlife is greater than twenty dollars but
less than two hundred fifty dollars; and
(b) The person recklessly allows such fish, shellfish, or wildlife to be
wasted.
(2) A person is guilty of waste of fish and wildlife in the first degree
if:
(a) The person kills, takes, or possesses fish, shellfish, or wildlife
having a value of two hundred fifty dollars or more or wildlife classified as
big game; and
(b) The person recklessly allows such fish, shellfish, or wildlife to be
wasted.
(3)(a) Waste of fish and wildlife in the second degree is (({- a
misdemeanor -})) {+ an infraction, to be cited and punished as provided under
chapter 7.84 RCW +}.
(b) Waste of fish and wildlife in the first degree is a gross misdemeanor.
Upon conviction, the department shall revoke any license or tag used in the
crime and shall order suspension of the person's privileges to engage in the
activity in which the person committed waste of fish and wildlife in the first
degree for a period of one year.
(4) It is prima facie evidence of waste if a processor purchases or engages
a quantity of food fish, shellfish, or game fish that cannot be processed within
sixty hours after the food fish, game fish, or shellfish are taken from the
water, unless the food fish, game fish, or shellfish are preserved in good
marketable condition.

Sec. 4. RCW 77.15.180 and 2001 c 253 s 29 are each amended to read as
follows:
(1) A person is guilty of unlawful interference with fishing or hunting
gear in the second degree if the person:
(a) Takes or releases a wild animal from another person's trap without
permission;
(b) Springs, pulls up, damages, possesses, or destroys another person's
trap without the owner's permission; or
(c) Interferes with recreational gear used to take fish or shellfish.
(2) Unlawful interference with fishing or hunting gear in the second degree
is (({- a misdemeanor -})) {+ an infraction, to be cited and punished as
provided under chapter 7.84 RCW +}.
(3) A person is guilty of unlawful interference with fishing or hunting
gear in the first degree if the person:
(a) Takes or releases fish or shellfish from commercial fishing gear
without the owner's permission; or
(b) Intentionally destroys or interferes with commercial fishing gear.
(4) Unlawful interference with fishing or hunting gear in the first degree
is a gross misdemeanor.
(5) A person is not in violation of unlawful interference with fishing or
hunting gear if the person removes a trap placed on property owned, leased, or
rented by the person.

Sec. 5. RCW 77.15.190 and 1999 c 258 s 9 are each amended to read as
follows:
(1) A person is guilty of unlawful trapping if the person:
(a) Sets out traps that are capable of taking wild animals, game animals,
or furbearing mammals and does not possess all licenses, tags, or permits
required under this title;
(b) Violates any rule of the commission or director regarding seasons, bag
or possession limits, closed areas including game reserves, closed times, or any
other rule governing the trapping of wild animals; or
(c) Fails to identify the owner of the traps or devices by neither (i)
attaching a metal tag with the owner's department-assigned identification number
or the name and address of the trapper legibly written in numbers or letters not
less than one-eighth inch in height nor (ii) inscribing into the metal of the
trap such number or name and address.
(2) Unlawful trapping is (({- a misdemeanor -})) {+ an infraction, to be
cited and punished as provided under chapter 7.84 RCW +}.

Sec. 6. RCW 77.15.220 and 1998 c 190 s 25 are each amended to read as
follows:
(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 -})) {+ an infraction, to be
cited and punished as provided under chapter 7.84 RCW +}.

Sec. 7. RCW 77.15.230 and 1999 c 258 s 6 are each amended to read as
follows:
(1) A person is guilty of unlawful use of department lands or facilities
if the person enters upon, uses, or remains upon department- owned or
department-controlled lands or facilities in violation of any rule of the
department.
(2) Unlawful use of department lands or facilities is (({- a misdemeanor -
})) {+ an infraction, to be cited and punished as provided under chapter 7.84
RCW +}.

Sec. 8. RCW 77.15.240 and 1998 c 190 s 30 are each amended to read as
follows:
(1) A person is guilty of unlawful use of dogs if the person:
(a) Negligently fails to prevent a dog under the person's control from
pursuing or injuring deer, elk, or an animal classified as endangered under this
title;
(b) Uses the dog to hunt deer or elk; or
(c) During the closed season for a species of game animal or game bird,
negligently fails to prevent the dog from pursuing such animal or destroying the
nest of a game bird.
(2) Unlawful use of dogs is (({- a misdemeanor -})) {+ an infraction, to
be cited and punished as provided under chapter 7.84 RCW +}. A dog that is the
basis for a violation of this section may be declared a public nuisance.

Sec. 9. RCW 77.15.280 and 1998 c 190 s 47 are each amended to read as
follows:
(1){+ (a) +} A person is guilty of violating rules requiring reporting of
fish or wildlife harvest {+ in the first degree +} if the person:
(({- (a) -})) {+ (i) +} Fails to make a harvest log report of a commercial
fish or shellfish catch in violation of any rule of the commission or the
director; {+ or +}
(({- (b) -})) {+ (ii) +} Fails to maintain a trapper's report or
taxidermist ledger in violation of any rule of the commission or the
director(({- ;
(c) Fails to submit any portion of a big game animal for a required
inspection required by rule of the commission or the director; or
(d) Fails to return a catch record card or wildlife harvest report to the
department as required by rule of the commission or director -})).
(({- (2) -})) {+ (b) +} Violating rules requiring reporting of fish or
wildlife harvest {+ in the first degree +} is a misdemeanor.
{+ (2)(a) A person is guilty of violating rules requiring reporting of fish
or wildlife harvest in the second degree if the person:
(i) Fails to submit any portion of a big game animal for a required
inspection required by rule of the commission or the director; or
(ii) Fails to return a catch record card or wildlife harvest report to the
department as required by rule of the commission or director.
(b) Violating rules requiring reporting of fish or wildlife harvest in the
second degree is an infraction, to be cited and punished as provided under
chapter 7.84 RCW. +}

Sec. 10. RCW 77.15.290 and 2002 c 281 s 7 are each amended to read as
follows:
(1) A person is guilty of unlawful transportation of fish or wildlife in
the second degree if the person:
(a) Knowingly imports, moves within the state, or exports fish, shellfish,
or wildlife in violation of any rule of the commission or the director governing
the transportation or movement of fish, shellfish, or wildlife and the
transportation does not involve big game, endangered fish or wildlife,
deleterious exotic wildlife, or fish, shellfish, or wildlife having a value
greater than two hundred fifty dollars; or
(b) Possesses but fails to affix or notch a big game transport tag as
required by rule of the commission or director.
(2) A person is guilty of unlawful transportation of fish or wildlife in
the first degree if the person:
(a) Knowingly imports, moves within the state, or exports fish, shellfish,
or wildlife in violation of any rule of the commission or the director governing
the transportation or movement of fish, shellfish, or wildlife and the
transportation involves big game, endangered fish or wildlife, deleterious
exotic wildlife, or fish, shellfish, or wildlife with a value of two hundred
fifty dollars or more; or
(b) Knowingly transports shellfish, shellstock, or equipment used in
commercial culturing, taking, handling, or processing shellfish without a permit
required by authority of this title.
(3)(a) Unlawful transportation of fish or wildlife in the second degree is
(({- a misdemeanor -})) {+ an infraction, to be cited and punished as provided
under chapter 7.84 RCW +}.
(b) Unlawful transportation of fish or wildlife in the first degree is a
gross misdemeanor.
(4) A person is guilty of unlawful transport of aquatic plants if the
person transports aquatic plants on any state or public road, including forest
roads, except as provided in this section.
(5) Unless otherwise prohibited by law, a person may transport aquatic
plants:
(a) To the department, or to another destination designated by the
director, in a manner designated by the department, for purposes of identifying
a species or reporting the presence of a species;
(b) When legally obtained for aquarium use, wetland or lakeshore
restoration, or ornamental purposes;
(c) When transporting a commercial aquatic plant harvester to a suitable
location for purposes of removing aquatic plants;
(d) In a manner that prevents their unintentional dispersal, to a suitable
location for disposal, research, or educational purposes; or
(e) As the commission may otherwise prescribe.
(6) Unlawful transport of aquatic plants is (({- a misdemeanor -})) {+ an
infraction, to be cited and punished as provided under chapter 7.84 RCW +}.

Sec. 11. RCW 77.15.330 and 2001 c 253 s 36 are each amended to read as
follows:
(1) A person is guilty of unlawfully holding a hunting or fishing contest
if the person:
(a) Conducts, holds, or sponsors a hunting contest, a fishing contest
involving game fish, or a competitive field trial using live wildlife without
the permit required by RCW 77.65.480; or
(b) Violates any rule of the commission or the director applicable to a
hunting contest, fishing contest involving game fish, or a competitive field
trial using live wildlife.
(2) Unlawfully holding a hunting or fishing contest is (({- a misdemeanor -
})) {+ an infraction, to be cited and punished as provided under chapter 7.84
RCW +}.

Sec. 12. RCW 77.15.380 and 2001 c 253 s 39 are each amended to read as
follows:
(1) A person is guilty of unlawful recreational fishing in the second
degree if the person fishes for, takes, possesses, or harvests fish or shellfish
and:
(a) The person does not have and possess the license or the catch record
card required by chapter 77.32 RCW for such activity; or
(b) The action violates any rule of the commission or the director
regarding seasons, bag or possession limits but less than two times the bag or
possession limit, closed areas, closed times, or any other rule addressing the
manner or method of fishing or possession of fish, except for use of a net to
take fish as provided for in RCW 77.15.580.
(2) Unlawful recreational fishing in the second degree is (({- a
misdemeanor -})) {+ an infraction, to be cited and punished as provided under
chapter 7.84 RCW +}.

Sec. 13. RCW 77.15.400 and 2001 c 253 s 41 are each amended to read as
follows:
(1) A person is guilty of unlawful hunting of wild birds in the second
degree if the person:
(a) Hunts for, takes, or possesses a wild bird and the person does not have
and possess all licenses, tags, stamps, and permits required under this title;
(b) Maliciously destroys, takes, or harms the eggs or nests of a wild bird
except when authorized by permit;
(c) Violates any rule of the commission or director regarding seasons, bag
or possession limits but less than two times the bag or possession limit, closed
areas, closed times, or other rule addressing the manner or method of hunting
or possession of wild birds; or
(d) Possesses a wild bird taken during a closed season for that wild bird
or taken from a closed area for that wild bird.
(2) A person is guilty of unlawful hunting of wild birds in the first
degree if the person takes or possesses two times or more than the possession
or bag limit for wild birds allowed by rule of the commission or director.
(3)(a) Unlawful hunting of wild birds in the second degree is (({- a
misdemeanor -})) {+ an infraction, to be cited and punished as provided under
chapter 7.84 RCW +}.
(b) Unlawful hunting of wild birds in the first degree is a gross
misdemeanor.

Sec. 14. RCW 77.15.430 and 1999 c 258 s 4 are each amended to read as
follows:
(1) A person is guilty of unlawful hunting of wild animals in the second
degree if the person:
(a) Hunts for, takes, or possesses a wild animal that is not classified as
big game, and does not have and possess all licenses, tags, or permits required
by this title;
(b) Violates any rule of the commission or director regarding seasons, bag
or possession limits but less than two times the bag or possession limit, closed
areas including game reserves, closed times, or other rule addressing the manner
or method of hunting or possession of wild animals not classified as big game;
or
(c) Possesses a wild animal that is not classified as big game taken during
a closed season for that wild animal or from a closed area for that wild animal.
(2) A person is guilty of unlawful hunting of wild animals in the first
degree if the person takes or possesses two times or more than the possession
or bag limit for wild animals that are not classified as big game animals as
allowed by rule of the commission or director.
(3)(a) Unlawful hunting of wild animals in the second degree is (({- a
misdemeanor -})) {+ an infraction, to be cited and punished as provided under
chapter 7.84 RCW +}.
(b) Unlawful hunting of wild animals in the first degree is a gross
misdemeanor.

Sec. 15. RCW 77.15.440 and 1998 c 190 s 12 are each amended to read as
follows:
(1) A person is guilty of unlawful use of weapons, traps, or dogs on game
reserves if:
(a) The person uses firearms, other hunting weapons, or traps on a game
reserve; or
(b) The person negligently allows a dog upon a game reserve.
(2) This section does not apply to persons on a public highway or if the
conduct is authorized by rule of the department.
(3) This section does not apply to a person in possession of a handgun if
the person in control of the handgun possesses a valid concealed pistol license
and the handgun is concealed on the person.
(4) Unlawful use of weapons, traps, or dogs on game reserves is (({- a
misdemeanor -})) {+ an infraction, to be cited and punished as provided under
chapter 7.84 RCW +}.

Sec. 16. RCW 77.15.460 and 1999 c 258 s 7 are each amended to read as
follows:
(1){+ (a) +} A person is guilty of unlawful possession of a loaded firearm
in a motor vehicle if:
(({- (a) -})) {+ (i) +} The person carries, transports, conveys, possesses,
or controls a rifle or shotgun in or on a motor vehicle; and
(({- (b) -})) {+ (ii) +} The rifle or shotgun contains shells or cartridges
in the magazine or chamber, or is a muzzle-loading firearm that is loaded and
capped or primed.
{+ (b) Unlawful possession of a loaded firearm in a motor vehicle is an
infraction, to be cited and punished as provided under chapter 7.84 RCW. +}
(2){+ (a) +} A person is guilty of unlawful use of a loaded firearm if the
person negligently shoots a firearm from, across, or along the maintained
portion of a public highway.
(({- (3) -})) {+ (b) +} Unlawful (({- possession of a loaded firearm in a
motor vehicle or unlawful -})) use of a loaded firearm is a misdemeanor.
(({- (4) -})) {+ (3) +} This section does not apply if the person:
(a) Is a law enforcement officer who is authorized to carry a firearm and
is on duty within the officer's respective jurisdiction;
(b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and
complies with all rules of the department concerning hunting by persons with
disabilities.
(({- (5) -})) {+ (4) +} For purposes of this section, a firearm shall not
be considered loaded if the detachable clip or magazine is not inserted in or
attached to the firearm.

Plunker,

I have disagreed with you on following the pamphlet. 2001 some of the vehicle use permits were printed without instructions on how to display them(on rear window or bumper of vehicle). My son received a ticket for having his on his dashboard clearly visible and received a ticket! We took a day off of work and went to Court in Chehalis to fight what seemed to be a no brainier victory in Court, we did this as a matter of principal not to save the $, trust me between the 2 of us it cost at least $450. in wages for the day. When we arrived at the Court and looked at the docket there was 8 other permit violations being contested during the hour slot that he was scheduled to appear. Final results: 4 reduced fines to $45. for not displaying decal "PROPERLY", 4 full price fines for not displaying at all. The answer from the JUDGE the check the RCW, even though the pamphlet or the decal was not clear what to do with the decal the RCW was and it ruled according to the JUDGE. OH by the way all these tickets were written by the same WDFW officer his name: The infamous John Jeske the terror of Lewis County and SW Washington, rumor has it he once wrote his mom a ticket!

RiverLiver

Don't forget, one reason why the judge probably put the screws to everyone was for the money. We now know that all the parking permits "fine money" stays with the county court house where the ticket was issued in! If the fine money went back into the WDFW funds, I would bet you that you would see a lot more cases being dismissed. Like every thing in life . . . it's all about money!


Cowlitzfisherman

CF,
I agree 110% with you. It would be great if you could fight violations in the county where you (the violator) resides, I think some county coffers would start running dry!

RiverLiver,

The first year those access stickers came out was confusing to say the least. Not just in lack of clear instruction but with stickers that faded to illegibility and the question of the legality of forcing one to put stickers on the rear window of their vehicle where visibility might be obstructed. Thankfully the access sticker problems have been fairly well resolved this season.

That is a sad story and not the first horror story to come out of Grays Harbor court system. You might have won in a higher court on appeal or with a jury trial but I'll admit that $450.00 is enough expense to prove a point.

I have not researched the full breadth of application of Senate Bill 5029, should it pass, but should point out that decriminalization of these RCW's has both positive and negative effects.

Violations as infractions carry a maximum penalty of $500 as opposed to a maximum penalty of $1000 and 90 days jail time for a misdemeanor. Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt. Not so with an infraction where a preponderance of evidence is enough. A trial by jury is not an option for an infraction and the appeals procedure is also streamlined.

And yes, I agree that much of this is about money and counties like Grays Harbor should love the simplicity of collecting on infractions.

Plunker,
It was Lewis County Court and it was the 2nd year the stickers were out.
peace!

Oops! My bad. Thanks for pointing that out RL.