(1) A person is guilty of unlawfully engaging in commercial whale watching in the second degree if the person:
(a) Does not have and possess all licenses and permits required under this title; or
(b) Violates any department rule regarding the operation of a commercial whale watching vessel near a southern resident orca whale.
(2) A person is guilty of engaging in commercial whale watching in the first degree if the person commits the act described in subsection (1) of this section and the violation occurs within one year of the date of a prior conviction under this section.
(3)(a) Unlawful commercial whale watching in the second degree is a misdemeanor.
(b) Unlawful commercial whale watching in the first degree is a gross misdemeanor. Upon conviction, the director shall deny applications submitted by the person for a commercial whale watching license or alternate operator license for two years from the date of conviction.
[ 2019 c 291 § 4.]