(1) The
department may enter and inspect any property, lands, or waters,
of this state in or on which any marine species are located or
from which such species are harvested, whether recreationally or
for sale or barter, and any land or water of this state which may
cause or contribute to the pollution of areas in or on which such
species are harvested or processed. The department may take any
reasonably necessary samples to determine whether such species or
any lot, batch, or quantity of such species is safe for human
consumption.
(2) If the department determines that any species or any
lot, batch, or other quantity of such species is unsafe for human
consumption because consumption is likely to cause actual harm or
because consumption presents a potential risk of substantial
harm, the department may, by order under chapter 34.05 RCW,
prohibit or restrict the commercial or recreational harvest or
landing of any marine species except the recreational harvest of
shellfish as defined in chapter 69.30 RCW if taken from privately
owned tidelands.
(3) It is unlawful to harvest any marine species in
violation of a departmental order prohibiting or restricting such
harvest under this section or to possess or sell any marine
species so harvested.
(4)(a) Any person who sells any marine species taken in
violation of this section is guilty of a gross misdemeanor and
subject to the penalties provided in RCW 69.30.140 and 69.30.150.
(b) Any person who harvests or possesses marine species
taken in violation of this section is guilty of a civil
infraction and is subject to the penalties provided in RCW 69.30.150.
(c) Notwithstanding this section, any person who harvests,
possesses, sells, offers to sell, culls, shucks, or packs
shellfish is subject to the penalty provisions of chapter 69.30 RCW.
(d) Charges shall not be brought against a person under both
chapter 69.30 RCW and this section in connection with this same
action, incident, or event.
(5) The criminal provisions of this section are subject to
enforcement by fish and wildlife officers or ex officio fish and
wildlife officers as defined in RCW 77.08.010.
(6) As used in this section, marine species include all
fish, invertebrate or plant species which are found during any
portion of the life cycle of those species in the marine
environment.
[2003 c 53 § 231; 2001 c 253 § 2; 1995 c 147 § 7.]
NOTES:
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.