(1) A person is guilty of commercial fishing without a license in the second degree if the person fishes for, takes, or delivers fish or shellfish while acting for commercial purposes and:

(a) The person does not hold a fishery license or delivery license under chapter 77.65 RCW for the fish or shellfish;

(b) The person is not a licensed operator designated as an alternate operator on a fishery or delivery license under chapter 77.65 RCW for the fish or shellfish; or

(c) The person does not hold a crewmember license when required under RCW 77.65.610.

(2) A person is guilty of commercial fishing without a license in the first degree if the person commits the act described by subsection (1) of this section and:

(a) The violation involves taking, delivery, or possession of fish or shellfish with a value of two hundred fifty dollars or more; or

(b) The violation involves taking, delivery, or possession of fish or shellfish from an area that was closed to the taking of the fish or shellfish by any statute or rule.

(3)(a) Commercial fishing without a license in the second degree is a gross misdemeanor.

(b) Commercial fishing without a license in the first degree is a class C felony.

Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.