(1) A person is guilty of unlawful misbranding of fish or shellfish in the third degree if the person commits an act that violates RCW 77.140.030 or 77.140.040, and the misbranding involves fish or shellfish with a fair market value up to five hundred dollars. Unlawful misbranding of fish or shellfish in the third degree is a misdemeanor.

(2) A person is guilty of unlawful misbranding of fish or shellfish in the second degree if the person commits an act that violates RCW 77.140.030 or 77.140.040, and the misbranding involves fish or shellfish with a fair market value of five hundred dollars or more, up to five thousand dollars. Unlawful misbranding of fish or shellfish in the second degree is a gross misdemeanor.

(3) A person is guilty of unlawful misbranding of fish or shellfish in the first degree if the person commits an act that violates RCW 77.140.030 or 77.140.040, and the misbranding involves fish or shellfish with a fair market value of five thousand dollars or more. Unlawful misbranding of fish or shellfish in the first degree is a class C felony.