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77.32.610 | Hunting fee table. | Hunting fee table LICENSE TYPES RESIDENT NONRESIDENT RESIDENT SENIOR YOUTH RCW Big game Deer+elk+bear+cougar license $117.30 $1,076.40 $39.88 $55.20 77.32.450 Deer+elk+bear+cougar license w/discounted small game license $144.90 $1,197.84 $49.27 $66.24 77.32.450/ 77.32.460 Deer+elk license $103.50 $924.60 $35.19 $48.30 ... |
77.32.620 | Combination licenses for hunting and fishing activities—Temporary discounted promotional pricing. | (1) The commission may adopt rules to create and sell combination licenses for all hunting and fishing activities at or below a fee equal to the total cost of the individual license contained within any combination. This includes, but is not limited to, discounts for seniors and those that meet the qualifications, such... |
77.36.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Claim" means an application to the department for compensation under this chapter. (2) "Commercial crop" means a horticultural or agricultural product, including the growing or harvested product. For the pu... |
77.36.030 | Trapping or killing wildlife threatening human safety or causing property damage—Limitations and conditions—Rules. | (1) Subject to limitations and conditions established by the commission, the owner, the owner's immediate family member, the owner's documented employee, or a tenant of real property may trap, consistent with RCW 77.15.194 , or kill wildlife that is threatening human safety or causing property damage on that property, ... |
77.36.070 | Limit on total claims from the fish, wildlife, and conservation account per fiscal year. | The department may pay no more than one hundred twenty thousand dollars per fiscal year from the fish, wildlife, and conservation account created in RCW 77.12.170 (3) for claims and assessment costs for damage to commercial crops caused by wild deer or elk submitted under RCW 77.36.100 .
[ 2020 c 148 s 23 ; 2009 c 333 ... |
77.36.080 | Limit on total claims from general fund per fiscal year—Emergency exceptions. | (1) Unless the legislature declares an emergency under this section, the department may pay no more than $300,000 per fiscal year from the general fund for claims and assessment costs for damage to commercial crops caused by wild deer or elk submitted under RCW 77.36.100 . (2)(a) The legislature may declare an emergenc... |
77.36.100 | Payment of claims for damage to commercial crops or livestock—Noncash compensation—Offer of materials or services to offset or prevent wildlife interactions—Appeal of decisions—Adoption of rules—Frontier one counties. | (1)(a) Except as limited by RCW 77.36.070 , 77.36.080 , 77.36.170 , and 77.36.180 , the department shall offer to distribute money appropriated to pay claims to the owner of commercial crops for damage caused by wild deer or elk or to the owners of livestock that has been killed by bears, wolves, or cougars, or injured... |
77.36.110 | Eligibility for compensation under this chapter—Adoption of rules. | (1) No owner may receive compensation for wildlife interactions under this chapter unless the owner has, as determined by the department, first: (a) Utilized applicable legal and practicable self-help preventive measures available to prevent the damage, including the use of nonlethal methods and department-provided mat... |
77.36.120 | Department's duties. | The department shall establish: (1) The form of affidavits or proof required to accompany all claims under this chapter; (2) The process, time, and methods used to identify and assess damage, including the anticipated timeline for the initiation and conclusion of department action; (3) How claims will be prioritized wh... |
77.36.130 | Limit on cash compensation—Burden of proof. | (1) Except as otherwise provided in this section and as limited by RCW 77.36.100 , 77.36.070 , 77.36.080 , 77.36.170 , and 77.36.180 , the cash compensation portion of each claim by the department under this chapter is limited to the lesser of: (a) The value of the damage to the property by wildlife, reduced by the amo... |
77.36.140 | Chapter represents exclusive remedy. | This chapter represents the exclusive remedy against the state for damage caused by wildlife interactions.
[ 2009 c 333 s 62 .]
Effective date — Application — 2009 c 333 ss 53-66: See notes following RCW 77.36.010 . |
77.36.160 | Request for relocating beaver. | (1) Whenever the department receives a request for relocating beaver, the department must inform the requesting party of locations, if available, of surplus beaver available for capture and relocation. The department may identify nuisance beaver or areas with thriving beaver populations as a source population for captu... |
77.36.170 | Limit on amount paid for injury or loss of livestock caused by wolves—Exceptions. | (1) The department may pay no more than fifty thousand dollars per fiscal year from the limited fish and wildlife account created in RCW 77.12.170 (1) for claims and assessment costs for injury or loss of livestock caused by wolves submitted under RCW 77.36.100 . (2) Notwithstanding other provisions of this chapter, th... |
77.36.180 | Wolf-livestock conflict account. | (1) The wolf-livestock conflict account is created in the custody of the state treasurer. Any transfers under RCW 77.36.170 must be deposited in the account. The department may also deposit into the account any grants, gifts, or donations to the state for the purposes of providing compensation for injury or loss of liv... |
77.36.200 | Wolf-livestock conflict—Staff resources in Ferry and Stevens counties. | The department shall maintain sufficient staff resources in Ferry and Stevens counties for response to wolf-livestock conflict on an ongoing basis and for coordination with livestock producers on the continued implementation of proactive nonlethal deterrents.
[ 2019 c 450 s 3 .]
Intent — Finding — 2019 c 450: See note ... |
77.44.005 | Public interest declaration. | The legislature declares that the public and private propagation, production, protection, and enhancement of fish is in the public interest.
[ 1991 c 253 s 1 . Formerly RCW 77.18.005 .] |
77.44.007 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Contract" means an agreement setting at a minimum, price, quantity of fish to be delivered, time of delivery, and fish health requirements. (2) "Fish health requirements" means those site specific fish hea... |
77.44.010 | Warm water game fish enhancement program—Created. | A warm water game fish enhancement program is created in the department. The enhancement program shall be designed to increase the opportunities to fish for and catch warm water game fish including: Largemouth black bass, smallmouth black bass, channel catfish, black crappie, white crappie, walleye, and tiger musky. Th... |
77.44.030 | Freshwater, combination fishing license—Disposition of fee. | (1) As provided in RCW 77.32.440 , a portion of each freshwater and combination fishing license fee shall be deposited into the warm water game fish account. (2) The department shall use the most cost-effective format in designing and administering the warm water game fish surcharge [account]. (3) A warm water game fis... |
77.44.040 | Program goals. | The goals of the warm water game fish enhancement program are to improve the fishing for warm water game fish using cost-effective management. Development of new ponds and lakes shall be an important and integral part of the program. The department shall work with the department of natural resources to coordinate the r... |
77.44.050 | Warm water game fish account—Created—Use of moneys. | The warm water game fish account is created in the state treasury. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the warm water game fish enhancement program, including the development of warm water pond and lake habitat, culture of warm water game fish, imp... |
77.44.060 | Specifications—Purchases from aquatic farmers. | If the department requires, pursuant to its authority relative to environmental permits or licenses, that resident hatchery game fish be stocked by the permittee or licensee for mitigation of environmental damage, the department shall specify the pounds or numbers, species, stock, and/or race of resident game fish that... |
77.44.070 | Purchases from aquatic farmers for stocking purposes. | Any agency of state or federal government, political subdivision of the state, private or public utility company, corporation, or sports group, or any purchaser of fish under RCW 77.44.060 may purchase resident game fish from an aquatic farmer for stocking purposes if permit requirements of this title and the departmen... |
77.50.010 | Limitations on commercial fishing for salmon in Puget Sound waters. | (1) The commission may authorize commercial fishing for sockeye salmon within the waters described in subsection (2) of this section only during the period June 10th to July 25th and for other salmon only from the second Monday of September through November 30th, except during the hours between 4:00 p.m. of Friday and ... |
77.50.020 | Limitations on commercial fishing for chinook or coho salmon in Pacific Ocean and Straits of Juan de Fuca. | (1) The commission may authorize commercial fishing for coho salmon in the Pacific Ocean and the Straits of Juan de Fuca only from June 16th through October 31st. (2) The commission may authorize commercial fishing for chinook salmon in the Pacific Ocean and the Straits of Juan de Fuca only from March 15th through Octo... |
77.50.030 | Salmon fishing gear. | (1) A person shall not use, operate, or maintain a gill net which exceeds one thousand five hundred feet in length or a drag seine in the waters of the Columbia river for catching salmon. (2) A person shall not construct, install, use, operate, or maintain within state waters a pound net, round haul net, lampara net, f... |
77.50.040 | Commercial net fishing for salmon in tributaries of Columbia river—Boundaries defined. | (1) The commission shall adopt rules defining geographical boundaries of the following Columbia river tributaries and sloughs: (a) Washougal river; (b) Camas slough; (c) Lewis river; (d) Kalama river; (e) Cowlitz river; (f) Elokomin river; (g) Elokomin sloughs; (h) Skamokawa sloughs; (i) Grays river; (j) Deep river; (k... |
77.50.050 | Reef net salmon fishing gear—Reef net areas specified. | The commission shall not authorize use of reef net fishing gear except in the reef net areas described in this section. (1) Point Roberts reef net fishing area includes those waters within 250 feet on each side of a line projected 129° true from a point at longitude 123° 01' 15" W. latitude 48° 58' 38" N. to a point on... |
77.50.060 | Unauthorized fishing vessels entering state waters. | In order to protect the welfare of the citizens of the state of Washington by protecting the natural resources of the state from illegal fishing in state waters, commercial fishing vessels which are not authorized by law to fish for salmon in Washington state waters cannot enter Washington state waters unless all salmo... |
77.50.070 | Limitation on salmon fishing gear in Pacific Ocean. | (1) Except as provided in subsection (2) of this section, the commission shall not authorize gear other than troll gear or angling gear for taking salmon within the offshore waters or the waters of the Pacific Ocean over which the state has jurisdiction lying west of the following line: Commencing at the point of inter... |
77.50.080 | Possession or transportation in Pacific Ocean of salmon taken by other than troll lines or angling gear. | Within the waters described in RCW 77.50.070 , a person shall not transport or possess salmon on board a vessel carrying fishing gear of a type other than troll lines or angling gear, unless accompanied by a certificate issued by a state or country showing that the salmon have been lawfully taken within the territorial... |
77.50.090 | Bottom trawling not authorized—Areas specified. | The commission shall not authorize commercial bottom trawling for food fish and shellfish in all areas of Hood Canal south of a line projected from Tala Point to Foulweather Bluff and in Puget Sound south of a line projected from Foulweather Bluff to Double Bluff and including all marine waters east of Whidbey Island a... |
77.50.100 | Hood Canal shrimp—Limitation on number of shrimp pots. | The commission shall not authorize any commercial fisher to use more than fifty shrimp pots while commercially fishing for shrimp in that portion of Hood Canal lying south of the Hood Canal floating bridge.
[ 1998 c 190 s 83 ; 1993 c 340 s 50 ; 1989 c 316 s 9 ; 1983 1st ex.s. c 31 s 2 . Formerly RCW 75.12.440 , 75.28.1... |
77.50.110 | Commercial salmon fishing—Unauthorized gear. | The commission shall not authorize angling gear or other personal use gear for commercial salmon fishing.
[ 1998 c 190 s 84 ; 1996 c 267 s 24 ; 1983 1st ex.s. c 46 s 69 ; 1969 ex.s. c 23 s 1 . Formerly RCW 75.12.650 .]
Intent — Effective date — 1996 c 267: See notes following RCW 77.12.177 .
Effective date — 1969 ex.s.... |
77.50.120 | Maintaining consistent salmon harvest levels. | It is the intent of the legislature to ensure that a sustainable level of salmon is made available for harvest for commercial fishers in the state. Maintaining consistent harvest levels has become increasingly difficult with the listing of salmonid species under the federal endangered species act. Without a stable leve... |
77.55.011 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, stormwater runoff devices, or other artificial watercourses except where... |
77.55.021 | Permit. | (1) Except as provided in RCW 77.55.031 , 77.55.051 , 77.55.041 , and 77.55.361 , in the event that any person or government agency desires to undertake a hydraulic project, the person or government agency shall, before commencing work thereon, secure the approval of the department in the form of a permit as to the ade... |
77.55.031 | Driving across established ford. | The act of driving across an established ford is exempt from a permit. Driving across streams or on wetted streambeds at areas other than established fords requires a permit. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires a permit.
[ 2005 c 146 s 301 .]
Part ... |
77.55.041 | Derelict fishing, crab, and other shellfish gear—Removal. | (1) The removal of derelict fishing gear does not require a permit under this chapter if the gear is removed according to the guidelines described in RCW 77.12.865 . (2) The removal of crab and other shellfish gear does not require a permit under this chapter if the gear is removed under a permit issued pursuant to RCW... |
77.55.051 | Spartina/purple loosestrife—Removal or control. | (1) An activity conducted solely for the removal or control of spartina does not require a permit. (2) An activity conducted solely for the removal or control of purple loosestrife and which is performed with handheld tools, handheld equipment, or equipment carried by a person does not require a permit.
[ 2005 c 146 s ... |
77.55.061 | Hazardous substance remedial actions—Procedural requirements not applicable. | The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action under chapter 70A.305 RCW. The department o... |
77.55.081 | Removal or control of aquatic noxious weeds—Rules—Pamphlet. | (1) By June 30, 1997, the department shall develop rules for projects conducted solely for the removal or control of various aquatic noxious weeds other than spartina and purple loosestrife and for activities or hydraulic projects for controlling purple loosestrife not covered by RCW 77.55.051 (2). Following the adopti... |
77.55.091 | Small scale prospecting and mining—Rules. | (1) Small scale prospecting and mining shall not require a permit under this chapter if the prospecting is conducted in accordance with rules established by the department. (2) By December 31, 1998, the department shall adopt rules applicable to small scale prospecting and mining activities subject to this section. The... |
77.55.101 | Environmental excellence program agreements—Effect on chapter. | Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 s 25 . For... |
77.55.111 | Habitat incentives agreement. | When a private landowner is applying for a permit under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of natural resources as provided in RCW 77.55.121 , the department shall comply with the terms of that agreement when evaluating the request for ... |
77.55.121 | Habitat incentives program—Goal—Requirements of agreement—Application evaluation factors. | (1) Beginning in January 1998, the department and the department of natural resources shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested p... |
77.55.131 | Dike vegetation management guidelines—Memorandum of agreement. | The department and the department of ecology will work cooperatively with the United States army corps of engineers to develop a memorandum of agreement outlining dike vegetation management guidelines so that dike owners are eligible for coverage under P.L. 84-99, and state requirements established pursuant to RCW 77.5... |
77.55.151 | Permit issued to a marina or marine terminal for regular maintenance activities. | (1) Upon application under RCW 77.55.021 , the department shall issue a renewable, five-year permit to a marina or marine terminal for its regular maintenance activities identified in the application. (2) For the purposes of this section, regular maintenance activities may include, but are not limited to: (a) Maintenan... |
77.55.161 | Stormwater discharges. | (1) Notwithstanding any other provision of this chapter, all permits related to stormwater discharges must follow the provisions established in this section. (2) Permits issued in locations covered by a national pollution discharge elimination system municipal stormwater general permit may not be conditioned or denied ... |
77.55.171 | Watershed restoration projects—Permit processing. | A permit required by the department for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510 .
[ 2005 c 146 s 504 ; 1995 c 378 s 14 . Formerly RCW 77.55.210 , 75.20.170 .]
Part headings not law — 2005 c 146: See note following RCW 77.55.011 . |
77.55.181 | Fish habitat enhancement project—Permit review and approval process—Fees—Limitation of liability. | (1)(a) In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under this section and must be a project to accomplish one or more of the following tasks: (i) Elimination of human-made or caused fish passage barriers, including: (A) Cu... |
77.55.191 | Columbia river anadromous fish sanctuary—Restrictions. | (1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and riv... |
77.55.201 | Landscape management plan. | A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350 (2) shall serve as a permit for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.
[ 2005 c 146 s 507 .]
Part headings not law — 2005 c 146: See note f... |
77.55.211 | Informational brochure. | The department, the department of ecology, and the department of natural resources shall jointly develop an informational brochure that describes when permits and any other authorizations are required for flood damage prevention and reduction projects, and recommends ways to best proceed through the various regulatory ... |
77.55.221 | Flood damage repair and reduction activities—Five-year maintenance permit agreements. | The department shall, at the request of a county, develop five-year maintenance permit agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200 , or other watershed plan approved by a county legislative authority, to allow for work on public and private prope... |
77.55.231 | Conditions imposed upon a permit—Reasonably related to project—Least impactful modifications—Minor modifications to plans/work timing. | (1)(a) Conditions imposed upon a permit must be reasonably related to the project. The permit conditions must ensure that the project provides proper protection for fish life, but the department may not impose conditions that attempt to optimize conditions for fish life that are out of proportion to the impact of the p... |
77.55.241 | Off-site mitigation. | (1) The legislature finds that the construction of hydraulic projects may require mitigation for the protection of fish life, and that the mitigation may be most cost-effective and provide the most benefit to the fish resource if the mitigation is allowed to be applied in locations that are off-site of the hydraulic pr... |
77.55.251 | Mitigation plan review. | When reviewing a mitigation plan under RCW 77.55.021 , the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030 .
[ 2005 c 146 s 603 ; 2000 c 107 s 15 ; 1997 c 424 s 6 . Formerly RCW 77.55.090 , 75.20.098 .]
Part headings not law — 2005 c 146: See n... |
77.55.261 | Placement of woody debris as condition of permit. | Whenever the placement of woody debris is required as a condition of a permit issued under RCW 77.55.021 , the department, upon request, shall invite comment regarding that placement from the local governmental authority, affected tribes, affected federal and state agencies, and the project applicant.
[ 2005 c 146 s 60... |
77.55.271 | Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required. | The department shall not require mitigation for sediment dredging or capping actions that result in a cleaner aquatic environment and equal or better habitat functions and values, if the actions are taken under a state or federal cleanup action. This chapter shall not be construed to require habitat mitigation for navi... |
77.55.281 | Fishways on certain agricultural drainage facilities. | (1) The department may not require a fishway on a tide gate, flood gate, or other associated man-made agricultural drainage facilities as a condition of a permit if such a fishway was not originally installed as part of an agricultural drainage system existing on or before May 20, 2003. (2) Any condition requiring a se... |
77.55.331 | Hydraulic project approval account. | (1) The hydraulic project approval account is created in the state treasury. All receipts from application fees for hydraulic project approval applications collected under *RCW 77.55.321 must be deposited into the account. (2) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282 , moneys in the hydra... |
77.55.341 | Department to prepare and distribute information to the public. | The department shall prepare and distribute technical and educational information to the general public to assist the public in complying with the requirements of this chapter, including the changes resulting from chapter 1, Laws of 2012 1st sp. sess.
[ 2012 1st sp.s. c 1 s 107 .]
Finding — Intent — Limitation — Jurisd... |
77.55.351 | Department to develop system to provide access to hydraulic project approval applications. | The department shall develop a system to provide local governments, affected tribes, and other interested parties with access to hydraulic project approval applications.
[ 2012 1st sp.s. c 1 s 108 .]
Finding — Intent — Limitation — Jurisdiction/authority of Indian tribe under act — 2012 1st sp.s. c 1: See notes followi... |
77.55.361 | Limitations of chapter to a forest practices hydraulic project—Adoption of rules for concurrent review process—Department's duties regarding chapter76.09RCW. | (1) The requirements of this chapter do not apply to any forest practices hydraulic project, or to any activities that are associated with such a project, upon incorporation of fish protection standards adopted under this chapter into the forest practices rules and approval of technical guidance as required under RCW 7... |
77.55.371 | Memorandum of agreement to implement integration of hydraulic project approvals into forest practices applications—Interagency contract. | (1) The department and the department of natural resources shall enter into and maintain a memorandum of agreement between the two agencies that describes how to implement integration of hydraulic project approvals into forest practices applications consistent with chapter 1, Laws of 2012 1st sp. sess. (2) The initial ... |
77.55.400 | Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination. | (1) A person proposing construction or other work landward of the ordinary high water line that will use, divert, obstruct, or change the natural flow or bed of state waters shall submit a permit application to the department. However, if a person is unsure about whether the work requires a permit, they may request a p... |
77.55.410 | Violation of chapter. | (1) When the department determines that a violation of this chapter, or of any of the rules that implement this chapter, has occurred or is about to occur, it shall first attempt to achieve voluntary compliance. The department shall offer information and technical assistance to the project proponent, identifying one or... |
77.55.420 | Stop work order—Notice—Appeal. | (1) The department may serve upon a project proponent a stop work order, which is a final order of the department, if: (a) There is any severe violation of this chapter or of the rules implementing this chapter or there is a deviation from the hydraulic project approval that may cause significant harm to fish life; and... |
77.55.430 | Notice to comply—Notice—Appeal. | (1)(a) If a violation of this chapter or of the rules implementing this chapter, a deviation from the hydraulic project approval, damage to fish life or fish habitat, or potential damage to fish life or fish habitat, has occurred and the department determines that a stop work order is unnecessary, the department may is... |
77.55.440 | Penalties—Notice—Appeal—Authority of attorney general to recover penalty—Penalty schedule. | (b) *[(1)] Penalties must be authorized by senior or executive department personnel. The department shall initiate rule making to identify the appropriate level of senior and executive level staff approval for these actions based on the level of financial effect on the violator and the scope and scale of the impact to ... |
77.55.450 | Administrative inspection warrant. | (1) The department may apply for an administrative inspection warrant in either Thurston county superior court or the superior court in the county in which the hydraulic project is located. The court may issue an administrative inspection warrant where: (a) Department personnel need to inspect the hydraulic project sit... |
77.55.460 | Disapproval of an application—Notice—Review. | (1) The department may disapprove an application for hydraulic project approval submitted by a person who has failed to comply with a final order issued pursuant to RCW 77.55.420 or 77.55.430 or who has failed to pay civil penalties issued pursuant to RCW 77.55.440 . Applications may be disapproved for up to one year f... |
77.55.470 | Remedies under chapter not exclusive. | The remedies under this chapter are not exclusive and do not limit or abrogate any other civil or criminal penalty, remedy, or right available in law, equity, or statute.
[ 2019 c 290 s 11 .]
Finding — Intent — 2019 c 290: See note following RCW 77.12.085 . |
77.57.010 | Fish guards required on diversion devices—Penalties, remedies for failure. | (1) A diversion device used for conducting water from a lake, river, or stream for any purpose shall be equipped with a fish guard approved by the director to prevent the passage of fish into the diversion device. The fish guard shall be maintained at all times when water is taken into the diversion device. The fish gu... |
77.57.020 | Review of permit applications to divert or store water—Water flow policy. | It is the policy of this state that a flow of water sufficient to support game fish and food fish populations be maintained at all times in the streams of this state. The director of ecology shall give the director notice of each application for a permit to divert or store water. The director has thirty days after rece... |
77.57.030 | Fishways required in dams, obstructions—Penalties, remedies for failure. | (1) Subject to subsection (3) of this section, a dam or other obstruction across or in a stream shall be provided with a durable and efficient fishway approved by the director. Plans and specifications shall be provided to the department prior to the director's approval. The fishway shall be maintained in an effective ... |
77.57.040 | Director may modify inadequate fishways and fish guards. | If the director determines that a fishway or fish guard described in *RCW 77.55.040 and 77.55.060 and in existence on September 1, 1963, is inadequate, in addition to other authority granted in this chapter, the director may remove, relocate, reconstruct, or modify the device, without cost to the owner. The director sh... |
77.57.050 | If fishway is impractical, fish hatchery or cultural facility may be provided in lieu. | Before a person commences construction on a dam or other hydraulic project for which the director determines that a fishway is impractical, the person shall at the option of the director: (1) Convey to the state a fish cultural facility on a site satisfactory to the director and constructed according to plans and speci... |
77.57.060 | Director may modify inadequate fishways and protective devices. | The director may authorize removal, relocation, reconstruction, or other modification of an inadequate fishway or fish protective device required by *RCW 77.55.320 which device was in existence on September 1, 1963, without cost to the owner for materials and labor. The modification may not materially alter the amount ... |
77.57.070 | Diversion of water—Screen, bypass required. | (1) A person shall not divert water from a lake, river, or stream containing game fish unless the water diversion device is equipped at or near its intake with a fish guard or screen to prevent the passage of game fish into the device and, if necessary, with a means of returning game fish from immediately in front of t... |
77.57.080 | Operation and maintenance of fish collection facility on Toutle river. | The legislature recognizes the need to mitigate the effects of sedimentary build-up and resultant damage to fish population in the Toutle river resulting from the Mt. St. Helens eruption. The state has entered into a contractual agreement with the United States army corps of engineers designed to minimize fish habitat ... |
77.60.010 | State oyster reserves established. | The following areas are the state oyster reserves and are more completely described in maps and plats on file in the office of the commissioner of public lands and in the office of the auditor of the county in which the reserve is located: 1. P uget S ound O yster R eserves : (a) Totten Inlet reserves (sometimes known ... |
77.60.020 | Sale or lease of state oyster reserves. | Only upon recommendation of the commission may the state oyster reserves be sold, leased, or otherwise disposed of by the department of natural resources.
[ 1995 1st sp.s. c 2 s 28 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 s 79 ; 1955 c 12 s 75.24.030 . Prior: 1949 c 112 s 55 ; Rem. Supp.... |
77.60.030 | State oyster reserves management policy—Personal use harvesting—Inventory—Management categories—Cultch permits. | It is the policy of the state to improve state oyster reserves so that they are productive and yield a revenue sufficient for their maintenance. In fixing the price of oysters and other shellfish sold from the reserves, the director shall take into consideration this policy. It is also the policy of the state to mainta... |
77.60.040 | Olympia oysters—Cultivation on reserves in Puget Sound. | The legislature finds that current environmental and economic conditions warrant a renewal of the state's historical practice of actively cultivating and managing its oyster reserves in Puget Sound to produce the state's native oyster, the Olympia oyster. The director shall reestablish dike cultivated production of Oly... |
77.60.050 | Sale of shellfish from state oyster reserves. | The director shall determine the time, place, and method of sale of oysters and other shellfish from state oyster reserves. Any person who commercially takes shellfish from state oyster reserves must possess an oyster reserve fishery license issued by the director pursuant to RCW 77.65.260 . Any person engaged in the c... |
77.60.060 | Restricted shellfish areas—Infestations—Permit. | The director may designate as "restricted shellfish areas" those areas in which infection or infestation of shellfish is present. A permit issued by the director is required to transplant or transport into or out of a restricted area shellfish or equipment used in culturing, taking, handling, or processing shellfish.
[... |
77.60.070 | Geoduck clams, commercial harvesting—Unauthorized acts—Gear requirements. | (1) The director may not authorize a person to take geoduck clams for commercial purposes outside the harvest area designated in a current department of natural resources geoduck harvesting agreement issued under RCW 79.135.210 . The director may not authorize commercial harvest of geoduck clams from bottoms that are s... |
77.60.080 | Imported oyster seed—Permit and inspection required. | The department may not authorize a person to import oysters or oyster seed into this state for the purpose of planting them in state waters without a permit from the director. The director shall issue a permit only after an adequate inspection has been made and the oysters or oyster seed are found to be free of disease... |
77.60.090 | Imported oyster seed—Inspection—Costs. | The director may require imported oyster seed to be inspected for diseases and pests. The director may specify the place of inspection. Persons importing oyster seed shall pay for the inspection costs excluding the inspector's salary. The cost shall be determined by the director and prorated among the importers accordi... |
77.60.100 | Establishment of reserves on state shellfish lands. | The commission may examine the clam, mussel, and oyster beds located on aquatic lands belonging to the state and request the commissioner of public lands to withdraw these lands from sale and lease for the purpose of establishing reserves or public beaches. The director shall conserve, protect, and develop these reserv... |
77.60.150 | Oyster reserve land—Pilot project—Advisory committee—Lease administration. | (1) The department shall initiate a pilot project to evaluate the feasibility and potential of intensively culturing shellfish on currently nonproductive oyster reserve land in Puget Sound. The pilot program shall include no fewer than three long-term lease agreements with commercial shellfish growers. Except as provid... |
77.60.160 | Oyster reserve land account. | (1) The oyster reserve land account is created in the state treasury. All receipts from revenues from the lease of land or sale of shellfish from oyster reserve lands must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only as provid... |
77.60.170 | Shellfish—On-site sewage grant program—Priority areas—Memorandum of understanding. | (1)(a) The department shall transfer the funds required by RCW 77.60.160 to the appropriate local governments. Pacific and Grays Harbor counties and Puget Sound shall manage their established shellfish — on-site sewage grant program. The local governments, in consultation with the department of health, shall use the pr... |
77.65.010 | Required licenses—Exemption. | (1) Except as otherwise provided by this title, a person must have a license issued by the director in order to engage in any of the following activities: (a) Commercially fish for or take food fish or shellfish; (b) Deliver from a commercial fishing vessel food fish or shellfish taken for commercial purposes in offsho... |
77.65.020 | Transfer of licenses—Restrictions—Fees—Inheritability. | (1) Unless otherwise provided in this title, a license issued under this chapter is not transferable from the license holder to any other person. This may not be deemed to prohibit the granting or enforcement of a security interest in any such license. (2) The following restrictions apply to transfers of commercial fis... |
77.65.030 | Commercial licenses and permits—Application deadline—Exception. | The application deadline for a commercial license or permit established in this chapter is December 31st of the calendar year for which the license or permit is sought. The department shall accept no license or permit applications after December 31st of the calendar year for which the license or permit is sought. The a... |
77.65.040 | Commercial licenses—Qualifications—Limited-entry license—Nonsalmon delivery license. | (1) Except as otherwise provided in this title, a person may hold a commercial license established by this chapter. (2) Except as otherwise provided in this title, an individual may hold a commercial license only if the individual is sixteen years of age or older and a bona fide resident of the United States. (3) A cor... |
77.65.050 | Application for commercial licenses and permits—Replacement. | (1) Except as otherwise provided in this title, the director shall issue commercial licenses and permits to a qualified person upon receiving a completed application accompanied by the required fee. (2) An application submitted to the department under this chapter shall contain the name and address of the applicant and... |
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