Game Warden Tickets

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Rizzla
Petty Officer
Posts: 46
Joined: Mon May 07, 2007 10:00 am

Game Warden Tickets

Post by Rizzla » Fri Jun 08, 2007 1:26 pm

I haven't gotten a ticket yet. well i dont break the law i'm too scared too. but i have forgottin my lincense. i either canceled fishing after gettin to the lake with no license or went back and got it. but im been fairly lucky or safe. i want to know if you forgot your license and got a ticket if you can appeal it. theres a purchase date so you can prove that it was purchased before you got the ticket and also you were being honest. i understand if you are to stupid to remember your license you shouldn't be fishing but sometimes forgetting things happen. and thats all it takes for bad luck to happen. i know if you forget your drivers license and drive and get caught for it. all changes are drop when you appeal. most courts are ok if its first time offense. so do any of you know if its the same with fishing licenses.

Mossy
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Location: Spokane,WA

RE:Game Warden Tickets

Post by Mossy » Fri Jun 08, 2007 3:13 pm

My buddy got stopped 2 years ago and forgot his license, the warden has an electronic gizmo on his boat that allows him to see if you have one or not by your social or DL number.

Rizzla
Petty Officer
Posts: 46
Joined: Mon May 07, 2007 10:00 am

RE:Game Warden Tickets

Post by Rizzla » Fri Jun 08, 2007 4:09 pm

and if i run into a warden without one of those?

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muskyhunter
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RE:Game Warden Tickets

Post by muskyhunter » Fri Jun 08, 2007 6:00 pm

Cool,
Thanks for the info Mossy...just went last sunday and realized I left my license in one of my boxes....at home..da da da...I figured if I got stopped I'd give them my drivers' license #..didnt get stopped so all was well. Todd
Todd Reis
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ruthven78
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RE:Game Warden Tickets

Post by ruthven78 » Fri Jun 08, 2007 10:05 pm

I think you can send a copy of your license in to wherever the address on the ticket it....I dunno though, best thing I recommend is calling the game department or if you see a warden ask him.....I bet he will ask to see you license too hehe ;)
Snakes dont have any arms that's why they dont wear vests - Stephen Wright

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Palmer
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RE:Game Warden Tickets

Post by Palmer » Sun Jun 10, 2007 11:48 am

Thanks for the info Mossy.

In the mid 80's I was stopped on Lake Washington and I had left my license at home. He said he would wait 1/2 hour for me to run home to get my license and not to try and fool him with the date it was purchased. Meanwhile my boat and gear were to stay with him. I returned in time and everything was fine.

A friend of mine was caught without his license and was fined. He saw that a first time offense was $250 and a second offense you lost your privlege for a year. It gets steeper with game. I believe a grizzly is $10,000, 4 point buck is $4,000 or $6000. Hearsay has it that grizzlies include a federal $50,000 fine.

Look up the RCW Title 77. You'll find there aren't any specific fees. Instead you'll be directed to chapters 7.84 and 9A.20 RCW. The maximum for a misdemeanor is $500 and the maximum for a class C felony is 5 years in jail and a $10,000 fine.

Asside from the fine, a game warden officer may seize, without a warrant, any property used to violate Title 77 Fish and Game: http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.070
RCW 77.15.070
Civil forfeiture of property used for violation of chapter.

(1) Fish and wildlife officers and ex officio fish and wildlife officers may seize without warrant boats, airplanes, vehicles, motorized implements, conveyances, gear, appliances, or other articles they have probable cause to believe have been held with intent to violate or used in violation of this title or rule of the commission or director. However, fish and wildlife officers or ex officio fish and wildlife officers may not seize any item or article, other than for evidence, if under the circumstances, it is reasonable to conclude that the violation was inadvertent. The property seized is subject to forfeiture to the state under this section regardless of ownership. Property seized may be recovered by its owner by depositing with the department or into court a cash bond or equivalent security equal to the value of the seized property but not more than one hundred thousand dollars. Such cash bond or security is subject to forfeiture in lieu of the property. Forfeiture of property seized under this section is a civil forfeiture against property and is intended to be a remedial civil sanction.

(2) In the event of a seizure of property under this section, jurisdiction to begin the forfeiture proceedings shall commence upon seizure. Within fifteen days following the seizure, the seizing authority shall serve a written notice of intent to forfeit property on the owner of the property seized and on any person having any known right or interest in the property seized. Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure.

(3) Persons claiming a right of ownership or right to possession of property are entitled to a hearing to contest forfeiture. Such a claim shall specify the claim of ownership or possession and shall be made in writing and served on the director within forty-five days of the seizure. If the seizing authority has complied with notice requirements and there is no claim made within forty-five days, then the property shall be forfeited to the state.

(4) If any person timely serves the director with a claim to property, the person shall be afforded an opportunity to be heard as to the person's claim or right. The hearing shall be before the director or director's designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that a person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the property seized is more than five thousand dollars. The department may settle a person's claim of ownership prior to the administrative hearing.

(5) The hearing to contest forfeiture and any subsequent appeal shall be as provided for in chapter 34.05 RCW, the administrative procedure act. The seizing authority has the burden to demonstrate that it had reason to believe the property was held with intent to violate or was used in violation of this title or rule of the commission or director. The person contesting forfeiture has the burden of production and proof by a preponderance of evidence that the person owns or has a right to possess the property and:

(a) That the property was not held with intent to violate or used in violation of this title; or

(b) If the property is a boat, airplane, or vehicle, that the illegal use or planned illegal use of the boat, airplane, or vehicle occurred without the owner's knowledge or consent, and that the owner acted reasonably to prevent illegal uses of such boat, airplane, or vehicle.

(6) A forfeiture of a conveyance encumbered by a perfected security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission. No security interest in seized property may be perfected after seizure.

(7) If seized property is forfeited under this section the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release such property to the agency for the use of enforcing this title, or sell such property, and deposit the proceeds to the fish and wildlife enforcement reward account created in RCW 77.15.425.
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