AN ACT Relating to penalties for sale of covered animal species;
Bill Description
Concerning penalties for sale of covered animal species.
What this bill does Powered by Legitron
This bill amends RCW 77.15.135 to prohibit selling, offering to sell, buying, trading, bartering for, or distributing any "covered animal species part or product," subject to a set of specific exceptions (including bona fide antiques at least 100 years old with the covered part under 15% by volume, bona fide educational/scientific or museum transfers, transfers to legal beneficiaries upon inheritance, specified musical instruments with covered parts under 15% by volume, intrastate transactions expressly authorized by federal law or permit, and government employees/agents acting in law enforcement or mandatory duties). The text does not define "covered animal species" or "covered animal species part or product," nor does it identify the terms "department," "director," or "commission" within the extracted facts.
The amendment creates criminal liability and penalties for unlawful trafficking: a gross misdemeanor for offenses involving covered parts/products with total market value under $250, and a class C felony for offenses involving total market value of $250 or more, or for repeat offenses as specified (after a prior conviction under this section or within five years of certain prior convictions). Upon conviction the court must impose a $4,000 criminal wildlife penalty assessment payable to the clerk; funds are deposited monthly with the state treasurer into the fish and wildlife enforcement reward account (RCW 77.15.425), and at least once per fiscal year the department must transfer 50% of amounts deposited under this subsection to the University of Washington's center for environmental forensic science. The assessment is doubled for first-degree unlawful trafficking and may be imposed jointly and severally if multiple people are convicted. Prosecuting authorities have discretion in charging when the same act violates other criminal provisions, the commission may adopt necessary rules to implement the law, and the director must provide an annual enforcement report to legislative committees (the extract cites a January 1, 2017 initial deadline and annual thereafter, but it is unclear from these facts whether that schedule has been updated).
Why it matters Powered by Legitron
If enacted, the proposal would effectively stop most commercial sales and transfers of parts or products from the covered animal species, except in narrow situations like documented antiques over 100 years old with the animal part under 15% by volume, bona fide educational or museum uses, inheritances, small portions in musical instruments, or transactions expressly allowed by federal law. People convicted under the ban would face criminal penalties ranging from a gross misdemeanor for low-value cases to a felony for higher-value or repeat offenses, plus a mandatory $4,000 criminal wildlife penalty assessment imposed at conviction (doubled for first-degree offenses). Courts would collect that assessment and send it monthly to the state treasurer for a fish and wildlife enforcement reward account, and the state department must transfer half of those deposits at least once a year to the University of Washington’s center for environmental forensic science.
Those most affected would be sellers, dealers, collectors, and anyone transferring items that might qualify as covered species parts—who could face criminal charges, significant assessment costs, and new documentation burdens to prove antiques or exemptions. Prosecutors would have charging discretion where other criminal laws overlap, courts would have increased collection and remittance duties, the state treasurer and the designated enforcement reward account would see new revenue flows, and the UW center would receive regular funding. Key practical details remain unclear from the provided text—most importantly the statutory definitions of “covered animal species” and “covered animal species part or product,” and which specific agency is responsible for the annual reporting and transfers—so the scope of affected items and exact administrative roles could change once those definitions and identities are specified.