Section 77.15.100. Seized fish, shellfish, wildlife, and covered animal species part or product—Forfeiture—Sale—Disposition of sale.

(1) Fish, shellfish, and wildlife are property of the state under RCW 77.04.012. Fish and wildlife officers may sell seized, commercially taken or possessed fish and shellfish to a wholesale buyer and deposit the proceeds into the fish and wildlife enforcement reward account under RCW 77.15.425. Seized, recreationally taken or possessed fish, shellfish, and wildlife may be donated to nonprofit charitable organizations. The charitable organization must qualify for tax-exempt status under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.

(2) Fish and wildlife officers may dispose of any covered animal species part or product seized through the enforcement of RCW 77.15.135 through a donation to a bona fide educational or scientific institution, solely for the purposes of raising awareness of the trafficking and threatened nature of endangered animals, as allowed under state, federal, and international law.

(3) Unless otherwise provided in this title, fish, shellfish, wildlife, or any covered animal species part or product taken or possessed in violation of this title or department rule shall be forfeited to the state upon conviction or any outcome in criminal court whereby a person voluntarily enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions. For criminal cases resulting in other types of dispositions, the fish, shellfish, wildlife, or covered animal species part or product may be returned, or its equivalent value paid, if the fish, shellfish, wildlife, or covered animal species part or product have already been donated or sold.

[2016 c 2 § 5 (Initiative Measure No. 1401, approved November 3, 2015); 2014 c 48 § 4; 2012 c 176 § 10; 2009 c 333 § 39; 2000 c 107 § 235; 1998 c 190 § 63.]

NOTES:

Finding—2016 c 2 (Initiative Measure No. 1401): See note following RCW 77.15.135.

2016 c 2 § 5 (Initiative Measure No. 1401, approved November 3, 2015); 2014 c 48 § 4; 2012 c 176 § 10; 2009 c 333 § 39; 2000 c 107 § 235; 1998 c 190 § 63.