Revised Code of Washington
Wash. Rev. Code § 77.15.260 (2025)
Unlawful trafficking in fish, shellfish, or wildlife—Penalty
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(1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree if the person traffics in fish, shellfish, seaweed, or wildlife with a wholesale value of less than $250 and:
(a) The fish, shellfish, or wildlife is classified as game, food fish, shellfish, game fish, or protected wildlife and the trafficking is not authorized by statute or department rule;
(b) The fish, shellfish, or wildlife is unclassified and the trafficking violates any department rule; or
(c) The seaweed is trafficked in violation of any department rule.
(2)(a) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the first degree if the person commits the act described by subsection (1) of this section and:
(i) The fish, shellfish, or wildlife has a value of two hundred fifty dollars or more; or
(ii) The fish, shellfish, or wildlife is designated as an endangered species or deleterious exotic wildlife and such trafficking is not authorized by any statute or department rule.
(b) For purposes of this subsection (2), whenever any series of transactions that constitute unlawful trafficking would, when considered separately, constitute unlawful trafficking in the second degree due to the value of the fish, shellfish, or wildlife, and the series of transactions are part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all the transactions considered when determining the degree of unlawful trafficking involved.
(3)(a) Unlawful trafficking in fish, shellfish, or wildlife in the second degree is a class C felony.
(b) Unlawful trafficking in fish, shellfish, or wildlife in the first degree is a class B felony.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 2008–2021 · leading case: In re the Pers. Restraint of Tobin, 196 P.3d 670 (Wash. 2008).
In re the Pers. Restraint of Tobin, 196 P.3d 670 (Wash. 2008). “ANALYSIS Unranked Crimes and Offender Scores ¶5 Tobin alleges that it was improper to include his 35 fish and wildlife felonies in the offender score for his firearm charge. However, the offender score statute explicitly provides for the inclusion of class A, B, and C felonies.”
State v. Yon, 159 Wash. App. 195 (Wash. Ct. App. 2010). “¶ 1 — Jason Yon appeals his two convictions of wildlife trafficking in the first degree under RCW 77.15.260, imposed for his purchase of four bear gallbladders for $200 apiece.”
State v. Yon, 246 P.3d 818 (Wash. Ct. App. 2010). “He argues that this statute does not permit a value aggregation of pieces of contraband to reach the $250 threshold required to commit the crime. He also claims that RCW 77.15.030 requires each piece of contraband he purchased to be treated as a separate offense.”
State Of Washington v. Phuong Van Nguyen, No. 73756-2 (Wash. Ct. App. Oct. 3, 2016). “Nguyen was prosecuted pursuant to former RCW 77.15.260 (2012), which provides in part: (1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree if the person traffics in fish, shellfish, or wildlife with a wholesale value of less than…”
State Of Washington v. Hazen Graham Shopbell, No. 80215-1 (Wash. Ct. App. Apr. 19, 2021). “630(2), and three counts of violating RCW 77.15.260(1). RCW 77.15.630, pertaining to the accounting counts, provides in relevant part: (1) A person licensed as a commercial fisher, wholesale fish buyer, or limited fish seller, or a person not so licensed but acting in such a…”
In re Tobin, 196 P.3d 670 (Wash. 2008). “However, the offender score statute explicitly provides for the inclusion of class A, B, and C felonies.”
Shopbell v. Washington State Dep't of Fish & Wildlife, No. 2:18-cv-01758 (W.D. Wash. July 14, 2020). “5 In addition, Willette alleged that PSSD had underpaid fishermen approximately $244,000 6 in 2015, which she claimed “may indicate possible illegal harvests being paid less than what the 7 fish ticket states as financial incentive for assuming risk” associated with…”
State v. Guidry, 153 Wash. App. 774 (Wash. Ct. App. 2009). “RCW 77.15.260(2). ¶[14 At trial, the State established that Klein had observed Guidry and a companion on the side of a road with a sign advertising fish for sale and that Guidry had asked Klein if he would like to buy any salmon.”
State v. Guidry, 223 P.3d 533 (Wash. Ct. App. 2009). “RCW 77.15.260(2). *536 ¶ 14 At trial, the State established that Klein had observed Guidry and a companion on the side of a road with a sign advertising fish for sale and that Guidry had asked Klein if he would like to buy any salmon.”
Wash. Rev. Code § 77.15.260(1): 1 case
State Of Washington v. Hazen Graham Shopbell, No. 80215-1 (Wash. Ct. App. Apr. 19, 2021). “630(2), and three counts of violating RCW 77.15.260(1). RCW 77.15.630, pertaining to the accounting counts, provides in relevant part: (1) A person licensed as a commercial fisher, wholesale fish buyer, or limited fish seller, or a person not so licensed but acting in such a…”
Wash. Rev. Code § 77.15.260(2): 5 cases
State v. Yon, 159 Wash. App. 195 (Wash. Ct. App. 2010). “¶ 1 — Jason Yon appeals his two convictions of wildlife trafficking in the first degree under RCW 77.15.260, imposed for his purchase of four bear gallbladders for $200 apiece.”
State v. Yon, 246 P.3d 818 (Wash. Ct. App. 2010). “He argues that this statute does not permit a value aggregation of pieces of contraband to reach the $250 threshold required to commit the crime. He also claims that RCW 77.15.030 requires each piece of contraband he purchased to be treated as a separate offense.”
State Of Washington v. Phuong Van Nguyen, No. 73756-2 (Wash. Ct. App. Oct. 3, 2016). “Nguyen was prosecuted pursuant to former RCW 77.15.260 (2012), which provides in part: (1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree if the person traffics in fish, shellfish, or wildlife with a wholesale value of less than…”
State v. Guidry, 153 Wash. App. 774 (Wash. Ct. App. 2009). “RCW 77.15.260(2). ¶[14 At trial, the State established that Klein had observed Guidry and a companion on the side of a road with a sign advertising fish for sale and that Guidry had asked Klein if he would like to buy any salmon.”
State v. Guidry, 223 P.3d 533 (Wash. Ct. App. 2009). “RCW 77.15.260(2). *536 ¶ 14 At trial, the State established that Klein had observed Guidry and a companion on the side of a road with a sign advertising fish for sale and that Guidry had asked Klein if he would like to buy any salmon.”
Wash. Rev. Code § 77.15.260(3)(b): 2 cases
In re the Pers. Restraint of Tobin, 196 P.3d 670 (Wash. 2008). “ANALYSIS Unranked Crimes and Offender Scores ¶5 Tobin alleges that it was improper to include his 35 fish and wildlife felonies in the offender score for his firearm charge. However, the offender score statute explicitly provides for the inclusion of class A, B, and C felonies.”
In re Tobin, 196 P.3d 670 (Wash. 2008). “However, the offender score statute explicitly provides for the inclusion of class A, B, and C felonies.”
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