(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.

     (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.

     (7) This section does not apply to: (a) Any person stopped at an aquatic invasive species check station who possesses a recreational or commercial watercraft that is contaminated with an aquatic invasive species if that person complies with all department directives for the proper decontamination of the watercraft and equipment; or (b) any person who has voluntarily submitted a recreational or commercial watercraft for inspection by the department or its designee and has received a receipt verifying that the watercraft has not been contaminated since its last use.

[2007 c 350 § 6; 2002 c 281 § 7; 2001 c 253 § 35; 1998 c 190 § 48.]

NOTES:

     Purpose -- 2002 c 281: See note following RCW 77.08.010.