(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.

     (b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor.

     (4) In addition to the penalties set forth in this section, if a person, other than a youth as defined in RCW 77.08.010 for hunting purposes, violates a rule adopted by the commission under the authority of this title that requires the use of nontoxic shot, upon conviction:

     (a) The court shall require a payment of one thousand dollars as a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425. The criminal wildlife penalty assessment must be imposed regardless of and in addition to any sentence, fine, or costs imposed for violating this section. The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect; and

     (b) The department shall revoke the hunting license of the person and order a suspension of small game hunting privileges for two years.

[2006 c 148 § 1; 2001 c 253 § 41; 1999 c 258 § 2; 1998 c 190 § 9.]