RCW 77.15.680 — Washington Code / Title 77 / Chapter 15 / Section 680
RCW 77.15.680: Department authority to suspend privileges—Form and procedure.
Status: in_force

(1) If any crime in this chapter is punishable by a suspension of privileges, then the department shall issue an order that specifies the privileges suspended and period when such suspension shall begin and end. The department has no authority to issue licenses, permits, tags, or stamps for the suspended activity until the suspension ends and any license, tag, stamp, or other permission obtained in violation of an order of suspension is void and ineffective. (2) A court sentence may include a suspension of privileges only if grounds are provided by statute. There is no right to seek reinstatement of privileges from the department during a period of court-ordered suspension. (3) If this chapter makes revocation or suspension of privileges mandatory, then the department shall impose the punishment in addition to any other punishments authorized by law.
RCW 77.95.080 — Washington Code / Title 77 / Chapter 95 / Section 080
RCW 77.95.080: Regional fisheries enhancement groups—Incorporation prerequisites.
Status: in_force

Each regional fisheries enhancement group shall be incorporated pursuant to Title 24 RCW. Any interested person or group shall be permitted to join. It is desirable for the group to have representation from all categories of fishers and other parties that have interest in salmon within the region, as well as the general public.
RCW 77.04.170 — Washington Code / Title 77 / Chapter 04 / Section 170
RCW 77.04.170: Funding for fish stock protection or recovery programs—Prioritization and selection process requirements—Development of outcome-focused performance measures.
Status: in_force

In administering programs funded with moneys from the capital budget related to protection or recovery of fish stocks, the department shall incorporate the environmental benefits of a project into its prioritization and selection process. The department shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270 . The department shall consult with affected interest groups in implementing this section.
RCW 77.15.425 — Washington Code / Title 77 / Chapter 15 / Section 425
RCW 77.15.425: Fish and wildlife enforcement reward account.
Status: in_force

The fish and wildlife enforcement reward account is created in the custody of the state treasurer. Deposits to the account include: Receipts from fish and shellfish overages as a result of a department enforcement action; fees for hunter education deferral applications; fees for master hunter applications and master hunter certification renewals; all receipts from criminal wildlife penalty assessments under this chapter; all receipts of court-ordered restitution or donations associated with any fish, shellfish, or wildlife enforcement action; and proceeds from forfeitures and evidence pursuant to RCW 77.15.070 and 77.15.100 . The department may accept money or personal property from persons under conditions requiring the property or money to be used consistent with the intent of expenditures from the fish and wildlife enforcement reward account. Expenditures from the account may be used only for investigation and prosecution of fish and wildlife offenses, to provide rewards to persons informing the department about violations of this title and rules adopted under this title, to offset department-approved costs incurred to administer the hunter education deferral program and the master hunter permit program, and for other valid enforcement uses as determined by the commission. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
RCW 77.12.620 — Washington Code / Title 77 / Chapter 12 / Section 620
RCW 77.12.620: Check stations—Stopping for inspection.
Status: in_force

The department is authorized to require hunters and fishers occupying a motor vehicle approaching or entering a check station to stop and produce for inspection: (1) Any wildlife, fish, shellfish, or seaweed in their possession; (2) licenses, permits, tags, stamps, or catch record cards, required under Title 77 RCW, or rules adopted thereunder. For these purposes, the department is authorized to operate check stations which shall be plainly marked by signs, operated by at least one uniformed fish and wildlife officer, and operated in a safe manner.
RCW 77.80.060 — Washington Code / Title 77 / Chapter 80 / Section 060
RCW 77.80.060: Vessel, gear, license, and permit reduction fund.
Status: in_force

(1) The director is responsible for the administration and disbursement of all funds, goods, commodities, and services received by the state under this chapter. (2) There is created within the state treasury a fund to be known as the "vessel, gear, license, and permit reduction fund". This fund shall be used for purchases under RCW 77.80.020 and for the administration of this chapter. This fund shall be credited with federal or other funds received to carry out the purposes of this chapter and the proceeds from the sale or other disposition of property purchased under RCW 77.80.020 .
RCW 77.60.060 — Washington Code / Title 77 / Chapter 60 / Section 060
RCW 77.60.060: Restricted shellfish areas—Infestations—Permit.
Status: in_force

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.
RCW 77.15.370 — Washington Code / Title 77 / Chapter 15 / Section 370
RCW 77.15.370: Unlawful recreational fishing in the first degree—Penalty—Criminal wildlife penalty assessment.
Status: in_force

(1) A person is guilty of unlawful recreational fishing in the first degree if: (a) The person takes or possesses two times or more than the bag limit or possession limit of fish or shellfish allowed by any rule of the director or commission setting the amount of food fish, game fish, or shellfish that can be taken or possessed for noncommercial use; (b) The person fishes in a fishway; (c) The person shoots, gaffs, snags, snares, spears, dipnets, or stones fish or shellfish in state waters, or possesses fish or shellfish taken by such means, unless such means are authorized by express department rule; (d) The person fishes for or possesses a fish listed as threatened or endangered in 50 C.F.R. Sec. 223.102 (2006) or Sec. 224.101 (2010), unless fishing for or possessing such fish is specifically allowed under federal or state law; (e) The person possesses a white sturgeon measuring in excess of the maximum size limit as established by rules adopted by the department; (f) The person possesses a green sturgeon of any size; or (g)(i) The person possesses a wild salmon or wild steelhead during a season closed for wild salmon or wild steelhead. (ii) For the purposes of this subsection: (A) "Wild salmon" means a salmon with an unclipped adipose fin, regardless of whether the salmon's ventral fin is clipped. A salmon is considered to have an unclipped adipose fin if it does not have a healed scar at the location of the clipped adipose fin. (B) "Wild steelhead" means a steelhead with no fins clipped. (2) Unlawful recreational fishing in the first degree is a gross misdemeanor. (3) In addition to the penalties set forth in subsection (2) of this section, if a person is convicted of violating this section and the violation results in the death of fish listed in this subsection, the court shall require payment of the following amounts for each fish taken or possessed. This is a criminal wildlife penalty assessment that must be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425 : (a) White sturgeon longer than fifty-five inches in fork length, two thousand dollars; (b) Green sturgeon, two thousand dollars; and (c) Wild salmon or wild steelhead, five hundred dollars. (4) If two or more persons are convicted under subsection (1) of this section, and subsection (3) of this section is applicable, the criminal wildlife penalty assessment must be imposed against the persons jointly and severally. (5)(a) The criminal wildlife penalty assessment under subsection (3) of this section must be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this section. The criminal wildlife penalty assessment must be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect. (b) This subsection may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil. (6) A defaulted criminal wildlife penalty assessment authorized under subsection (3) of this section may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence. (7) The department shall revoke the fishing license and suspend the fishing privileges of a person assessed a criminal wildlife penalty assessment under this section until the penalty assessment is paid through the registry of the court in which the penalty assessment was assessed. (8) The criminal wildlife penalty assessments provided in subsection (3) of this section must be doubled in the following instances: (a) When a person commits a violation that requires payment of a criminal wildlife penalty assessment within five years of a prior gross misdemeanor or felony conviction under this title; or (b) When the trier of fact determines that the person took or possessed the fish in question with the intent of bartering, selling, or otherwise deriving economic profit from the fish or fish parts.
RCW 77.15.660 — Washington Code / Title 77 / Chapter 15 / Section 660
RCW 77.15.660: Unlawful use of scientific permit—Penalty.
Status: in_force

(1) A person is guilty of unlawful use of a scientific permit if the permit issued by the director is for big game or big game parts, and the person: (a) Violates any terms or conditions of the scientific permit; (b) Buys or sells big game or big game parts that were taken or acquired with a scientific permit; or (c) Violates any department rule applicable to the issuance or use of scientific permits. (2) Unlawful use of a scientific permit is a gross misdemeanor.
RCW 77.130.020 — Washington Code / Title 77 / Chapter 130 / Section 020
RCW 77.130.020: Notice of sale.
Status: in_force

Before the personal property shall be sold, a notice of such a sale fixing the time and place thereof which shall be at a suitable place, which will be noted in the advertisement for sale, and containing a description of the property to be sold must be published at least once in a newspaper of general circulation in the county in which the property is to be sold at least ten days prior to the date fixed for the auction. The notice must be signed by the director. If the owner fails to reclaim the property prior to the time fixed for the sale in such a notice, the director shall conduct the sale and sell the property described in the notice at public auction to the highest and best bidder for cash, and upon payment of the amount of the bid shall deliver the property to the bidder.
RCW 77.65.410 — Washington Code / Title 77 / Chapter 65 / Section 410
RCW 77.65.410: Geoduck diver license—Fee—Expiration—Safety program.
Status: in_force

(1)(a) Every diver engaged in the commercial harvest of subtidal geoduck clams shall obtain a geoduck diver license. An individual may only own one license and all geoduck harvesting performed under the license must be done personally by the actual license holder. (b) The licensing requirement created in this section does not apply to divers engaged in activities related to the cultivation of geoduck clams as private sector cultured aquatic products as defined in RCW 15.85.020 . (c) The geoduck diver license is a nontransferable license. (2) Beginning January 1, 2015, the director may not issue more than seventy-seven geoduck diver licenses in any one year. (3) The annual geoduck diver license fee is as provided in RCW 77.65.440 . (4) A geoduck diver license expires on December 31st of each year. Prior to the license's expiration, a license holder may apply to renew the license holder's geoduck diver license only if the license holder is included on a department of natural resources' geoduck harvest agreement plan of operation during the applicable current calendar year. (5) Beginning January 1, 2015, each person applying for or renewing a geoduck diver license under this section must complete the geoduck diver safety program established in RCW 43.30.560 prior to being issued a license.
RCW 77.15.815 — Washington Code / Title 77 / Chapter 15 / Section 815
RCW 77.15.815: Unlawfully engaging in commercial whale watching—Penalty.
Status: in_force

(1) This section applies only to persons and activities defined in RCW 77.65.615 , including commercial whale watching and paddle tours. (2) A person is guilty of unlawfully engaging in commercial whale watching in the second degree if the person conducts commercial whale watching activities and: (a) Does not have and possess all licenses and permits required under this title; or (b) Violates any department rule regarding commercial whale watching. (3) A person is guilty of engaging in commercial whale watching in the first degree if the person commits the act described in subsection (2) of this section and the violation occurs within five years of any of the following: (a) The date of a prior conviction under this section; (b) The date of a finding of guilt or plea of guilty pursuant to an amended information, criminal complaint or citation, or infraction for any violation that was originally charged as a violation of this section, regardless of whether the imposition of the sentence is deferred or the penalty is suspended; or (c) The date of any disposition of a case arising from an act originally charged as a violation of this section, whereby the offender enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms or conditions. (4)(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. In addition to the appropriate criminal penalties, the director shall revoke any operator license, business license, or both, and order a suspension of the person's privilege to engage in commercial whale watching for two years. (5) A person is guilty of unlawfully engaging in a paddle tour in the second degree if the person conducts paddle tour activities and: (a) Does not have and possess all licenses and permits required under this title; or (b) Violates any department rule regarding the operation of paddle tours in marine waters. (6) A person is guilty of unlawfully engaging in a paddle tour in the first degree if the person commits an act described in subsection (5) of this section and the violation occurs within five years of the date of any of the following: (a) The date of a prior conviction under this section; (b) The date of a finding of guilt or plea of guilty pursuant to an amended information, criminal complaint or citation, or infraction for any violation that was originally charged as a violation of this section, regardless of whether the imposition of sentence is deferred or the penalty is suspended; or (c) The date of any disposition of a case arising from an act originally charged as a violation of this section, whereby the offender enters into a disposition that continues or defers the case for dismissal upon the successful completion of specific terms and conditions. (7)(a) Unlawful engagement in a paddle tour in the second degree is a misdemeanor. (b) Unlawful engagement in a paddle tour in the first degree is a gross misdemeanor. In addition to appropriate criminal penalties, the director shall revoke any paddle guide license, business license, or both, and order a suspension of the person's privilege to conduct paddle tours in marine waters for two years.
RCW 77.95.340 — Washington Code / Title 77 / Chapter 95 / Section 340
RCW 77.95.340: Identification and removal of impediments to fish passage.
Status: in_force

The department may contract with cities and counties to assist in the identification and removal of impediments to fish passage.
RCW 77.70.370 — Washington Code / Title 77 / Chapter 70 / Section 370
RCW 77.70.370: Limitation on taking crab in the exclusive economic zone of Oregon or California—Section effective contingent upon reciprocal legislation by both Oregon and California.
Status: in_force

(1) A Dungeness crab — coastal fishery licensee shall not take Dungeness crab in the waters of the exclusive economic zone westward of the states of Oregon or California and land crab taken in those waters into Washington state unless the licensee also holds the licenses, permits, or endorsements, required by Oregon or California to land crab into Oregon or California, respectively. (2) This section becomes effective only upon reciprocal legislation being enacted by both the states of Oregon and California. For purposes of this section, "exclusive economic zone" means that zone defined in the federal fishery conservation and management act (16 U.S.C. Sec. 1802) as of January 1, 1995, or as of a subsequent date adopted by rule of the director.
RCW 77.12.031 — Washington Code / Title 77 / Chapter 12 / Section 031
RCW 77.12.031: Llamas and alpacas.
Status: in_force

The authority of the department does not extend to preventing, controlling, or suppressing diseases in llamas or alpacas or to controlling the movement or sale of llamas or alpacas. This section shall not be construed as granting or denying authority to the department to prevent, control, or suppress diseases in any animals other than llamas and alpacas.
RCW 77.60.150 — Washington Code / Title 77 / Chapter 60 / Section 150
RCW 77.60.150: Oyster reserve land—Pilot project—Advisory committee—Lease administration.
Status: in_force

(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 provided in subsection (3) of this section, revenues from the lease of such lands shall be deposited in the oyster reserve land account created in RCW 77.60.160 . (2) The department shall form one advisory committee each for the Willapa Bay oyster reserve lands and the Puget Sound oyster reserve lands. The advisory committees shall make recommendations on management practices to conserve, protect, and develop oyster reserve lands. The advisory committees may make recommendations regarding the management practices on oyster reserve lands, in particular to ensure that they are managed in a manner that will: (a) Increase revenue through production of high-value shellfish; (b) not be detrimental to the market for shellfish grown on nonreserve lands; and (c) avoid negative impacts to existing shellfish populations. The advisory committees may also make recommendation on the distribution of funds in RCW 77.60.160 (2)(a). The department shall attempt to structure each advisory committee to include equal representation between shellfish growers that participate in reserve sales and shellfish growers that do not. (3) The department of natural resources, in consultation with the department of fish and wildlife, shall administer the leases for oyster reserves entered into under this chapter. In administering the leases, the department of natural resources shall exercise its authority under RCW 79.135.300 . Vacation of state oyster reserves by the department shall not be a requirement for the department of natural resources to lease any oyster reserves under this section. The department of natural resources may recover reasonable costs directly associated with the administration of the leases for oyster reserves entered into under this chapter. All administrative fees collected by the department of natural resources pursuant to this section shall be deposited into the resource management cost account established in RCW 79.64.020 . The department may not assess charges to recover the costs of consulting with the department of natural resources under this subsection. (4) The Puget Sound pilot program shall not include the culture of geoduck.
RCW 77.65.080 — Washington Code / Title 77 / Chapter 65 / Section 080
RCW 77.65.080: License suspension—Noncompliance with support order—Reissuance.
Status: in_force

(1) The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. (2) A listing on the department of licensing's database that an individual's license is currently suspended pursuant to RCW 46.20.291 (8) shall be prima facie evidence that the individual is in noncompliance with a support order. Presentation of a written release issued by the department of social and health services or a court stating that the person is in compliance with an order shall serve as proof of compliance.
RCW 77.44.060 — Washington Code / Title 77 / Chapter 44 / Section 060
RCW 77.44.060: Specifications—Purchases from aquatic farmers.
Status: in_force

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 are to be provided. The department shall offer the permittee or licensee the option of purchasing under contract from aquatic farmers in Washington, those game fish, unless the fish specified by the department are not available from Washington growers.
RCW 77.04.090 — Washington Code / Title 77 / Chapter 04 / Section 090
RCW 77.04.090: Rule-making authority—Certified copy as evidence.
Status: in_force

The commission shall adopt permanent rules and amendments to or repeals of existing rules by approval of a majority of the members by resolution, entered and recorded in the minutes of the commission: PROVIDED, That the commission may not adopt rules after July 23, 1995, that are based solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule. The commission shall adopt emergency rules by approval of a majority of the members. The commission, when adopting emergency rules under RCW 77.12.150 , shall adopt rules in conformance with chapter 34.05 RCW. Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210 . A copy of an emergency rule, certified as a true copy by a member of the commission, the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.
RCW 77.135.140 — Washington Code / Title 77 / Chapter 135 / Section 140
RCW 77.135.140: Person aggrieved or adversely affected by department's action—Hearing.
Status: in_force

(1) A person aggrieved or adversely affected by a quarantine declaration under RCW 77.135.050 , a rapid response management action under RCW 77.135.060 , an infested site management action under RCW 77.135.070 , or a decontamination order under RCW 77.135.130 may contest the validity of the department's actions by requesting a hearing in writing within twenty days of the department's actions. (2) Hearings must be conducted pursuant to chapter 34.05 RCW and the burden of demonstrating the invalidity of agency action is on the party asserting invalidity. The hearing may be conducted by the director or the director's designee and may occur telephonically. (3) A hearing on a decontamination order is limited to the issues of whether decontamination was necessary and the reasonableness of costs assessed for any seizure, transportation, and decontamination. If the person in possession of the aquatic conveyance that was decontaminated prevails at the hearing, the person is entitled to reimbursement by the department for any costs assessed by the department or decontamination station operator for the seizure, transportation, and decontamination. If the department prevails at the hearing, the department is not responsible for and may not reimburse any costs.
RCW 77.70.320 — Washington Code / Title 77 / Chapter 70 / Section 320
RCW 77.70.320: Coastal crab account—Created—Revenues—Expenditures.
Status: in_force

The coastal crab account is created in the custody of the state treasurer. The account shall consist of revenues from fees from the transfer of each Dungeness crab-coastal fishery license assessed under RCW 77.65.020 , delivery fees assessed under RCW 77.70.300 , and the license surcharge under RCW 77.65.240 . Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW but no appropriation is required for expenditures. Funds may be used for coastal crab management activities as provided in RCW 77.70.330 .
RCW 77.110.040 — Washington Code / Title 77 / Chapter 110 / Section 040
RCW 77.110.040: Declaration—Denial of rights based on race, sex, origin, or cultural heritage.
Status: in_force

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The people of the state of Washington declare that under the Indians Citizens Act of 1924, all Indians became citizens of the United States and subject to the Constitution and laws of the United States and state in which they reside. The people further declare that any special off-reservation legal rights or privileges of Indians established through treaties that are denied to other citizens were terminated by that 1924 enactment, and any denial of rights to any citizen based upon race, sex, origin, cultural heritage, or by and through any treaty based upon the same is unconstitutional. No rights, privileges, or immunities shall be denied to any citizen upon the basis of race, sex, origin, cultural heritage, or by and through any treaty based upon the same.
RCW 77.15.813 — Washington Code / Title 77 / Chapter 15 / Section 813
RCW 77.15.813: Unlawfully engaging in fishing guide activity—Penalty.
Status: in_force

(1) A person is guilty of unlawfully engaging in fishing guide activity if the person holds a game fish guide license issued under RCW 77.65.480 or has a license issued under RCW 77.65.010 to operate a charter boat or act as a food fish guide, and the person: (a) Fails to perform any duty of a charter boat or guide operator established in RCW 77.32.430 ; or (b) Violates any rule of the commission or director regarding the sale, possession, issuance, or reporting of temporary fishing licenses, temporary short-term charter stamps, or catch record cards. (2) Unlawfully engaging in fishing guide activity is a gross misdemeanor.
RCW 77.15.760 — Washington Code / Title 77 / Chapter 15 / Section 760
RCW 77.15.760: Suspension of a master hunter permit—Appeal hearing.
Status: in_force

(1) The department may suspend a person's master hunter permit for the following reasons and corresponding lengths of time: (a) If the person pays the required fine or is found to have committed an infraction under this chapter or the department's rules, the department shall suspend the person's master hunter permit for two years; (b) If the person pays the required fine or is convicted of a misdemeanor, gross misdemeanor, or felony under this chapter, the department shall suspend the person's master hunter permit for life; (c) If the person pays the required fine or is convicted of trespass, reckless endangerment, criminal conspiracy, or making a false statement to law enforcement while hunting, fishing, or engaging in any activity regulated by the department, the department shall suspend the person's master hunter permit for life; (d) If the person pays the required fine or is convicted of a felony prohibiting the possession of firearms, unless firearm possession is reinstated, the department shall suspend the person's master hunter permit for life; (e) If the person has a hunting or fishing license revoked or has hunting or fishing license privileges suspended in another state, the department shall suspend the person's master hunter permit for life; (f) If the person is cited, or charged by complaint, for an offense under this chapter; or for trespass, reckless endangerment, criminal conspiracy, or making a false statement to law enforcement while hunting, fishing, or engaging in any activity regulated by the department, the department may immediately suspend the person's master hunter permit until the offense has been adjudicated; or (g) If the person submits fraudulent information to the department, the department shall suspend the person's master hunter permit for life. (2) Any master hunter who is notified of an intended suspension may request an appeal hearing under chapter 34.05 RCW.
RCW 77.15.075 — Washington Code / Title 77 / Chapter 15 / Section 075
RCW 77.15.075: Enforcement authority of fish and wildlife officers—Volunteer chaplain.
Status: in_force

(1) Fish and wildlife officers shall have and exercise, throughout the state, such police powers and duties as are vested in sheriffs and peace officers generally. Fish and wildlife officers are general authority Washington peace officers. (2) An applicant for a fish and wildlife officer position must be a citizen of the United States of America, a lawful permanent resident, or a deferred action for childhood arrivals recipient. An applicant for a fish and wildlife officer position must be able to speak, read, and write the English language. Before a person may be appointed to act as a fish and wildlife officer, the person shall meet the minimum standards for employment with the department, including successful completion of a psychological examination and polygraph examination or similar assessment procedure administered in accordance with the requirements of RCW 43.101.095 (2). (3) Any liability or claim of liability under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under an agreement between the department and another agency. (4) The department may utilize the services of a volunteer chaplain as provided under chapter 41.22 RCW.
RCW 77.70.460 — Washington Code / Title 77 / Chapter 70 / Section 460
RCW 77.70.460: Collection of fee—Fee schedule—Deposit of moneys.
Status: in_force

(1) The commission shall collect a fee upon all deliveries of fish or shellfish from persons holding: (a) A federal pacific groundfish limited entry permit with a trawl endorsement; (b) an ocean pink shrimp delivery license issued under RCW 77.65.390 ; (c) a Dungeness crab — coastal fishery license issued under RCW 77.70.280 ; (d) a food fish delivery license issued under RCW 77.65.200 ; or (e) a shrimp trawl license under RCW 77.65.220 , to repay the federal government for moneys advanced by the federal government under a groundfish fleet reduction program established by the federal government. (2) The commission shall adopt a fee schedule by rule for the collection of the fee required by subsection (1) of this section. The fee schedule adopted shall limit the total amount of moneys collected through the fee to the minimum amount necessary to repay the moneys advanced by the federal government, but be sufficient to repay the debt obligation of each fishery. The fee charged to the holders of a Dungeness crab — coastal fishery license may not exceed two percent of the total ex-vessel value of annual landings, and the fee charged to all other eligible license holders may not exceed five percent of the total ex-vessel value of annual landings. The commission may adjust the fee schedule as necessary to ensure that the funds collected are adequate to repay the debt obligation of each fishery. (3) The commission shall deposit moneys collected under this section in the commercial fisheries buyback account created in RCW 77.70.450 .
RCW 77.32.500 — Washington Code / Title 77 / Chapter 32 / Section 500
RCW 77.32.500: Saltwater, freshwater transition areas—Rule-making authority.
Status: in_force

In order to simplify fishing license requirements in transition areas between salt water and fresh water, the commission may adopt rules designating specific waters where either a fresh water or a salt water license is valid.
RCW 77.110.020 — Washington Code / Title 77 / Chapter 110 / Section 020
RCW 77.110.020: Petition to congress.
Status: in_force

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The people of the state of Washington petition the United States Congress to immediately make the steelhead trout a national game fish protected under the Black Bass Act.
RCW 77.15.552 — Washington Code / Title 77 / Chapter 15 / Section 552
RCW 77.15.552: Qualifying commercial fishing violations.
Status: in_force

(1) If a person is convicted of two or more qualifying commercial fishing violations within a three-year period, the person's privileges to participate in the commercial fishery to which the violations applied may be suspended by the director for up to one year. A commercial fishery license that is suspended under this section may not be transferred after the director issues a notice of suspension, or used by an alternative operator or transferred during the period of suspension, if the person who is the subject of the suspension notice is the person who owns the commercial fishery license. (2) For the purposes of this section only, "qualifying commercial fishing violation" means either: (a) A conviction under RCW 77.15.500 , 77.15.510 , 77.15.520 , 77.15.530 , 77.15.550 (1)(a), 77.15.570 , 77.15.580 , or 77.15.590 ; (b) A gross misdemeanor or felony involving commercial fish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold fish, other than shellfish, groundfish, or coastal pelagic species of baitfish totals greater than six percent, by weight, of the harvest available for inspection at the time of citation and the cumulative value of the unlawfully harvested fish is more than two hundred fifty dollars at the time of citation; (c) A gross misdemeanor or felony involving commercial groundfish or coastal pelagic baitfish harvest, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued under this title, if: (i) The quantity of unlawfully harvested, possessed, bought, or sold groundfish or coastal pelagic baitfish totals greater than ten percent, by weight, of the harvest available for inspection at the time of citation and has a cumulative value greater than five hundred dollars; or (ii) the quantity, by weight, of the unlawfully commercially harvested groundfish or coastal pelagic baitfish is ten percent greater than the landing allowances provided under rules adopted by the department for species categorized as overfished by the national marine fisheries service; or (d) A gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals greater than six percent of the harvest available for inspection at the time of citation; and (ii) totals fifty or more individual shellfish. (3)(a) The director may refer a person convicted of one qualifying commercial fishing violation to the license suspension review committee if the director feels that the qualifying commercial fishing violation was of a severe enough magnitude to justify suspension of the individual's license renewal privileges. (b) The director may refer any person convicted of one egregious shellfish violation to the license suspension review committee. (c) For the purposes of this section only, "egregious shellfish violation" means a gross misdemeanor or felony involving commercial shellfish harvesting, buying, or selling that is unlawful under the terms of the license, this title, or the rules issued pursuant to this title, if the quantity of unlawfully harvested, possessed, bought, or sold shellfish: (i) Totals more than twenty percent of the harvest available for inspection at the time of citation; (ii) totals five hundred or more individual shellfish; and (iii) is valued at two thousand five hundred dollars or more. (4) A person who has a commercial fishing license suspended or revoked under this section may file an appeal with the license suspension review committee pursuant to RCW 77.15.554 . An appeal must be filed within thirty-one days of notice of license suspension or revocation. If an appeal is filed, the suspension or revocation issued by the department does not take effect until after the license suspension review committee has delivered an opinion. If no appeal is filed within thirty-one days of notice of license suspension or revocation, the right to an appeal is considered waived. All suspensions ordered under this section take effect either thirty-one days following the conviction for the second qualifying commercial fishing violation, or upon a decision pursuant to RCW 77.15.554 , whichever is later. (5) A fishing privilege suspended under this section is in addition to the statutory penalties assigned to the underlying crime. (6) For the purposes of this section only, the burden is on the state to show the dollar amount or the percent of a harvest that is comprised of unlawfully harvested, bought, or sold individual fish or shellfish.
RCW 77.04.013 — Washington Code / Title 77 / Chapter 04 / Section 013
RCW 77.04.013: Findings and intent.
Status: in_force

The legislature supports the recommendations of the state fish and wildlife commission with regard to the commission's responsibilities in the merged department of fish and wildlife. It is the intent of the legislature that, beginning July 1, 1996, the commission assume regulatory authority for food fish and shellfish in addition to its existing authority for game fish and wildlife. It is also the intent of the legislature to provide to the commission the authority to review and approve department agreements, to review and approve the department's budget proposals, to adopt rules for the department, and to select commission staff and the director of the department. The legislature finds that all fish, shellfish, and wildlife species should be managed under a single comprehensive set of goals, policies, and objectives, and that the decision-making authority should rest with the fish and wildlife commission. The commission acts in an open and deliberative process that encourages public involvement and increases public confidence in department decision making.
RCW 77.55.400 — Washington Code / Title 77 / Chapter 55 / Section 400
RCW 77.55.400: Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination.
Status: in_force

(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 preapplication determination from the department. The department must evaluate the proposed work and determine if the work is a hydraulic project and, if so, whether a permit from the department is required to ensure adequate protection of fish life. (2) The preapplication determination request must be submitted through the department's online permitting system and must contain: (a) A description of the proposed project; (b) A map showing the location of the project site; and (c) Preliminary plans and specifications of the proposed construction or work, if available. (3) The department shall provide tribes and local governments a seven calendar day review and comment period. The department shall consider all applicable written comments received before issuing a determination. (4) The department shall issue a written determination, including the rationale for the decision, within twenty-one calendar days of receiving the request. (5) Determinations made according to the provisions of this section are not subject to the requirements of chapter 43.21C RCW.
RCW 77.15.540 — Washington Code / Title 77 / Chapter 15 / Section 540
RCW 77.15.540: Unlawful use of a commercial fishery license—Penalty.
Status: in_force

(1) A person who holds a fishery license required by chapter 77.65 RCW, or who holds an operator's license and is designated as an alternate operator on a fishery license required by chapter 77.65 RCW, is guilty of unlawful use of a commercial fishery license if the person: (a) Does not have the commercial fishery license or operator's license in possession during fishing or delivery; or (b) Violates any rule of the department regarding the use, possession, display, or presentation of the person's license, decals, or vessel numbers. (2) Unlawful use of a commercial fishery license is a misdemeanor.
RCW 77.95.220 — Washington Code / Title 77 / Chapter 95 / Section 220
RCW 77.95.220: Legislative finding.
Status: in_force

The legislature finds that: (1) The fishery resources of Washington are critical to the social and economic needs of the citizens of the state; (2) Salmon production is dependent on both wild and artificial production; (3) The department is directed to enhance Washington's salmon runs; and (4) Full utilization of the state's salmon rearing facilities is necessary to enhance commercial and recreational fisheries.
RCW 77.95.185 — Washington Code / Title 77 / Chapter 95 / Section 185
RCW 77.95.185: Local fish passage barrier removal—Compensatory mitigation preference—Mitigation framework for off-site and out-of-kind barriers—In lieu fee program.
Status: in_force

(1) The department of transportation, the department of ecology, and the department of fish and wildlife must use their existing authorities and guidance to provide a preference for the removal of existing fish passage barriers owned by cities and counties as compensatory mitigation for environmental impacts of transportation projects where appropriate. (2)(a) The department of transportation, the department of ecology, and the department of fish and wildlife must consult with other relevant entities to develop a framework for encouraging off-site and out-of-kind local fish passage barrier mitigation that provides results that are consistent with habitat protection priorities and are ecologically preferable to on-site mitigation. (b) The implementation of this framework must: (i) Not delay transportation project delivery; (ii) Not be additive to the amount or cost of mitigation required under existing regulations; (iii) Not preclude on-site or off-site and in-kind mitigation when that is the most ecologically appropriate means to address project impacts; (iv) Not alter the mitigation sequencing principles of first avoidance and then minimization of impacts before compensatory mitigation; (v) Provide for a mechanism that identifies whether environmental impacts from projects are appropriate for local fish passage barrier mitigation; (vi) Provide a mechanism for affected parties, including tribes, to determine when and how to use off-site and out-of-kind mitigation to address fish passage barriers in particular watersheds; (vii) Consult the statewide fish passage barrier removal strategy developed by the fish passage barrier removal board created in RCW 77.95.160 and information provided by affected tribes, salmon recovery regional organizations, and local entities to identify specific priority locations where removal of local barriers would provide a net resource gain; and (viii) Consistent with existing mitigation regulations and guidelines, provide a preference, where appropriate, for investment in local fish passage barrier removal where greater environmental benefit can be achieved with off-site and out-of-kind mitigation. (c) In addition to the framework developed in (b) of this subsection, the department of transportation, the department of ecology, and the department of fish and wildlife must develop and implement an umbrella statewide in lieu fee program or other formal means to provide a streamlined mechanism to undertake priority local fish passage barrier corrections throughout the watersheds of the state as a preferred means of compensatory mitigation where appropriate for state transportation that is consistent with the principles in (a) and (b) of this subsection. (3) Nothing in this section is intended to create or expand the state's obligation for fish passage barrier correction according to existing law or court ruling. Nothing in this section is intended to decrease funding or otherwise impede the state's efforts to meet its obligation for fish passage barrier correction according to existing law or court ruling.
RCW 77.100.130 — Washington Code / Title 77 / Chapter 100 / Section 130
RCW 77.100.130: Cedar river spawning channel—Funding.
Status: in_force

The legislature recognizes that, if funding for planning, design, evaluation, construction, and operating expenses is provided by a public utility that diverts water for beneficial public use, and if the performance of the spawning channel meets the production goals described in RCW 77.100.120 , the spawning channel project will serve, at a minimum, as compensation for lost sockeye salmon spawning habitat upstream of the Landsburg diversion. The amount of funding to be supplied by the utility will fully fund the total cost of planning, design, evaluation, and construction of the spawning channel.
RCW 77.32.010 — Washington Code / Title 77 / Chapter 32 / Section 010
RCW 77.32.010: Recreational license required—Activities—Pass or permit for parking.
Status: in_force

(1) Except as otherwise provided in this chapter or department rule, a recreational license issued by the director is required to hunt, fish, or take wildlife or seaweed. A hunting license is not required for bullfrogs. (2) A pass or permit issued under RCW 79A.80.020 , 79A.80.030 , or 79A.80.040 is required to park or operate a motor vehicle on a recreation site or lands, as defined in RCW 79A.80.010 . (3) The commission may, by rule, indicate that a fishing permit issued to a nontribal member by the Colville Tribes shall satisfy the license requirements in subsection (1) of this section on the waters of Lake Rufus Woods and on the north shore of Lake Rufus Woods, and that a Colville Tribes tribal member identification card shall satisfy the license requirements in subsection (1) of this section on all waters of Lake Rufus Woods. (4) A recreational fishing license is not required to fish for carp in Moses Lake or Vancouver Lake.
RCW 77.15.630 — Washington Code / Title 77 / Chapter 15 / Section 630
RCW 77.15.630: Unlawful fish and shellfish catch accounting—Penalty.
Status: in_force

(1) A person licensed as a commercial fisher, wholesale fish buyer, or limited fish seller, or a person not so licensed but acting in such a capacity, is guilty of unlawful fish and shellfish catch accounting in the second degree if he or she receives or delivers for commercial purposes fish or shellfish worth less than two hundred fifty dollars; and (a) Fails to document such fish or shellfish with a fish-receiving ticket or other documentation required by statute or department rule; (b) Fails to sign the fish-receiving ticket or other required documentation, fails to provide all of the information required by statute or department rule on the fish-receiving ticket or other documentation, or both; or (c) Fails to submit the fish-receiving ticket to the department as required by statute or department rule. (2) A person is guilty of unlawful fish and shellfish catch accounting in the first degree if the person commits an act described by subsection (1) of this section and: (a) The violation involves fish or shellfish worth two hundred fifty dollars or more; (b) The person acted with knowledge that the fish or shellfish were taken from a closed area, at a closed time, or by a person not licensed to take such fish or shellfish for commercial purposes; or (c) The person acted with knowledge that the fish or shellfish were taken in violation of any tribal law. (3)(a) Unlawful fish and shellfish catch accounting in the second degree is a gross misdemeanor. (b) Unlawful fish and shellfish catch accounting in the first degree is a class C felony. Upon conviction, the department shall suspend all privileges to engage in wholesale fish buying or dealing for two years. (4) For the purposes of this section: (a) A person "receives" fish or shellfish when title or control of the fish or shellfish is transferred or conveyed to the person. (b) A person "delivers" fish or shellfish when title or control of the fish or shellfish is transferred or conveyed from the person.
RCW 77.70.420 — Washington Code / Title 77 / Chapter 70 / Section 420
RCW 77.70.420: Shrimp trawl-Puget Sound fishery—Limited entry fishery—License analogous to personal property—Transferability—Alternate operator.
Status: in_force

(1) The shrimp trawl-Puget Sound fishery is a limited entry fishery and a person shall not fish for nonspot shrimp taken from Puget Sound for commercial purposes with shrimp trawl gear except under the provisions of a shrimp trawl-Puget Sound fishery license issued under RCW 77.65.220 . (2) A shrimp trawl-Puget Sound fishery license shall only be issued to a natural person who held a shrimp trawl-Puget Sound fishery license during the previous licensing year, except upon the death of the licensee the license shall be treated as analogous to personal property for purposes of inheritance and intestacy. Upon the death of the licensee, the shrimp trawl-Puget Sound fishery license is converted to a nonspot shrimp pot-Puget Sound fishery license for purposes of inheritance and intestacy. (3) No more than one shrimp trawl-Puget Sound fishery license may be owned by a licensee. (4) Through December 31, 2001, shrimp trawl-Puget Sound fishery licenses are nontransferable, except upon death of the licensee. Beginning January 1, 2002, through July 31, 2025, shrimp trawl-Puget Sound licenses are transferable. Beginning August 1, 2025, shrimp trawl-Puget Sound fishery licenses are only transferable if the license is converted to a nonspot shrimp pot-Puget Sound fishery license. (5) Through December 31, 2001, a shrimp trawl-Puget Sound licensee may designate any natural person as the alternate operator for the license. Beginning January 1, 2002, a shrimp trawl-Puget Sound licensee may designate only an immediate family member, as defined in RCW 77.12.047 , or an immediate family member of a shrimp trawl-Puget Sound licensee's spouse as the alternate operator with the following exceptions: A licensee with a bona fide medical emergency may designate a person other than an immediate family member as the alternate operator for a period not to exceed two years, provided the licensee documents the medical emergency with letters from two medical doctors describing the illness or condition that prevents the immediate family member from participating in the fishery. The two-year period may be extended by the director upon recommendation of a department-appointed Puget Sound shrimp trawl advisory board. A licensee may designate any natural person as the alternate operator by requesting the Puget Sound shrimp trawl advisory board to designate an alternate operator who is not an immediate family member, and upon recommendation of the Puget Sound shrimp trawl advisory board, the director may allow designation of an alternate operator who is not an immediate family member. (6) A holder of a shrimp trawl-Puget Sound fishery license issued under RCW 77.65.220 may harvest members of the nonspot shrimp species within the waters of Puget Sound. (7) No more than one shrimp trawl-Puget Sound fishery license or nonspot shrimp pot-Puget Sound fishery license may be owned by a licensee. (8) The combined number of shrimp trawl-Puget Sound fishery licenses and nonspot shrimp pot-Puget Sound fishery licenses issued under RCW 77.65.220 is limited to five licenses in total.
RCW 77.65.010 — Washington Code / Title 77 / Chapter 65 / Section 010
RCW 77.65.010: Required licenses—Exemption.
Status: in_force

(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 offshore waters. As used in this subsection, "deliver" means arrival at a place or port, and includes arrivals from offshore waters to waters within the state and arrivals from state or offshore waters; (c) Operate a charter boat or commercial fishing vessel engaged in a fishery; (d) Engage in wholesale buying, selling, dealing, processing, or brokering of raw or frozen fish or shellfish; (e) Sell his or her commercially harvested catch of fish or shellfish to anyone other than a licensed wholesale fish buyer within or outside the state; or (f) Act as a food fish guide or game fish guide for personal use, except that a charter boat license is required to operate a vessel from which a person may for a fee fish for food fish in state waters listed in RCW 77.65.150 (4)(b). (2) No person may engage in the activities described in subsection (1) of this section unless the licenses required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license and the person's license is not suspended. (3) A valid Oregon license that is equivalent to a license under this title is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. The director may identify by rule what Oregon licenses are equivalent. (4) No license is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060 , the exemption from licensing requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.
RCW 77.95.060 — Washington Code / Title 77 / Chapter 95 / Section 060
RCW 77.95.060: Regional fisheries enhancement group authorized.
Status: in_force

The legislature finds that it is in the best interest of the salmon resource of the state to encourage the development of regional fisheries enhancement groups. The accomplishments of one existing group, the Grays Harbor fisheries enhancement task force, have been widely recognized as being exemplary. The legislature recognizes the potential benefits to the state that would occur if each region of the state had a similar group of dedicated citizens working to enhance the salmon resource. The legislature authorizes the formation of regional fisheries enhancement groups. These groups shall be eligible for state financial support and shall be actively supported by the commission and the department. The regional groups shall be operated on a strictly nonprofit basis, and shall seek to maximize the efforts of volunteer and private donations to improve the salmon resource for all citizens of the state.
RCW 77.70.425 — Washington Code / Title 77 / Chapter 70 / Section 425
RCW 77.70.425: Nonspot shrimp pot-Puget Sound fishery—Limited entry fishery—License analogous to personal property—Transferability—Alternate operator.
Status: in_force

(1) The nonspot shrimp pot-Puget Sound fishery is a limited entry fishery and a person may not fish for nonspot shrimp for commercial purposes with nonspot shrimp pot gear except under the provisions of a nonspot shrimp pot-Puget Sound fishery license or a shrimp pot-Puget Sound fishery license issued under RCW 77.65.220 . (2) A nonspot shrimp pot-Puget Sound fishery license may designate only an immediate family member, as defined in RCW 77.12.047 , or an immediate family member of a nonspot shrimp pot-Puget Sound licensee's spouse as the alternate operator with the following exceptions: A licensee with a bona fide medical emergency may designate a person other than an immediate family member as the alternate operator for a period not to exceed two years, provided the licensee documents the medical emergency with letters from two medical doctors describing the illness or condition that prevents the immediate family member from participating in the fishery. The two-year period may be extended by the director upon recommendation of a department-appointed Puget Sound shrimp trawl advisory board. A licensee may designate any natural person as the alternate operator by requesting the Puget Sound shrimp trawl advisory board to designate an alternate operator who is not an immediate family member, and upon recommendation of the Puget Sound shrimp trawl advisory board, the director may allow designation of an alternate operator who is not an immediate family member. (3) A holder of a nonspot shrimp pot-Puget Sound fishery license issued under RCW 77.65.220 may harvest members of the nonspot shrimp species within the waters of Puget Sound. (4) The combined number of shrimp trawl-Puget Sound fishery licenses and nonpot shrimp pot-Puget Sound fishery licenses issued under RCW 77.65.220 is limited to five licenses in total. (5) A nonspot shrimp pot-Puget Sound fishery license may only be issued to a natural person who held a nonspot shrimp pot-Puget Sound fishery license or a shrimp trawl-Puget Sound fishery license issued during the previous licensing year, except upon the death of the licensee the license must be treated as analogous to personal property for purposes of inheritance and intestacy. (6) No more than one shrimp trawl-Puget Sound fishery license or nonspot shrimp pot-Puget Sound fishery license may be owned by a licensee. (7) A shrimp trawl-Puget Sound fishery license may be converted to a limited entry nonspot shrimp pot-Puget Sound fishery license by any holder of a shrimp trawl-Puget Sound fishery license. A shrimp trawl-Puget Sound fishery license that is converted to a limited entry nonspot shrimp pot-Puget Sound fishery license is permanently retired as a shrimp trawl license. (8) A converted limited entry nonspot shrimp pot-Puget Sound fishery license may only fish on nonspot shrimp resources previously allocated to shrimp trawl-Puget Sound fishery license holders. If all shrimp trawl-Puget Sound fishery licenses convert to nonspot shrimp pot-Puget Sound fishery licenses, the department shall work with stakeholders to review the allocation of the commercial nonspot shrimp resources and develop recommendations for future allocations. (9) Nonspot shrimp pot-Puget Sound fishery license holders reserve the right to cooperatively modify and design gear with the department via a director's issued permit to efficiently and economically harvest Pandalus eous , Pandalus jordani , and Pandalus dispar . The process to modify and design gear is intended to develop the fishery to ensure a means to harvest all nonspot shrimp species for these license holders.
RCW 77.65.110 — Washington Code / Title 77 / Chapter 65 / Section 110
RCW 77.65.110: Alternate operator designation—Fees.
Status: in_force

This section applies to all commercial fishery licenses and delivery licenses. (1) A person designated as an alternate operator must possess an alternate operator license issued under RCW 77.65.130 , and be designated on the fishery license prior to engaging in the activities authorized by the license. The holder of the commercial fishery license or delivery license may designate up to two alternate operators for the license, except: (a) Whiting — Puget Sound fishery licensees may not designate alternate operators; (b) Emergency salmon delivery licensees may not designate alternate operators; (c) Shrimp pot-Puget Sound fishery licensees may designate no more than one alternate operator at a time; and (d) Shrimp trawl-Puget Sound fishery licensees may designate no more than one alternate operator at a time. (2) The fee to change the alternate operator designation is twenty-two dollars in addition to the application fee of one hundred five dollars. (3) An alternate operator license is not required for an individual to operate a vessel designated as a charter boat under a charter boat license.
RCW 77.70.160 — Washington Code / Title 77 / Chapter 70 / Section 160
RCW 77.70.160: Emerging commercial fishery designation—Experimental fishery permits.
Status: in_force

(1) The director may issue experimental fishery permits for commercial harvest in an emerging commercial fishery for which the director has determined there is a need to limit the number of participants. The director shall determine by rule the number and qualifications of participants for such experimental fishery permits. Only a person who holds an emerging commercial fishery license issued under RCW 77.65.400 and who meets the qualifications established in those rules may hold an experimental fishery permit. The director shall limit the number of these permits to prevent habitat damage, ensure conservation of the resource, and prevent overharvesting. In developing rules for limiting participation in an emerging or expanding commercial fishery, the director shall appoint a five-person advisory board representative of the affected fishery industry. The advisory board shall review and make recommendations to the director on rules relating to the number and qualifications of the participants for such experimental fishery permits. (2) RCW 34.05.422 (3) does not apply to applications for new experimental fishery permits. (3) Experimental fishery permits are not transferable from the permit holder to any other person.
RCW 77.57.030 — Washington Code / Title 77 / Chapter 57 / Section 030
RCW 77.57.030: Fishways required in dams, obstructions—Penalties, remedies for failure.
Status: in_force

(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 condition and continuously supplied with sufficient water to freely pass fish. (2)(a) If a person fails to construct and maintain a fishway or to remove the dam or obstruction in a manner satisfactory to the director, then within thirty days after written notice to comply has been served upon the owner, his or her agent, or the person in charge, the director may construct a fishway or remove the dam or obstruction. Expenses incurred by the department constitute the value of a lien upon the dam and upon the personal property of the person owning the dam. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the dam or obstruction is situated. The lien may be foreclosed in an action brought in the name of the state. (b) If, within thirty days after notice to construct a fishway or remove a dam or obstruction, the owner, his or her agent, or the person in charge fails to do so, the dam or obstruction is a public nuisance and the director may take possession of the dam or obstruction and destroy it. No liability shall attach for the destruction. (3) For the purposes of this section, "other obstruction" does not include tide gates, flood gates, and associated man-made agricultural drainage facilities that were originally installed as part of an agricultural drainage system on or before May 20, 2003, or the repair, replacement, or improvement of such tide gates or flood gates.
RCW 77.12.262 — Washington Code / Title 77 / Chapter 12 / Section 262
RCW 77.12.262: Fish and wildlife officers compensation insurance—Medical aid.
Status: in_force

The director shall provide compensation insurance for fish and wildlife officers, insuring these employees against injury or death in the performance of enforcement duties not covered under the workers' compensation act of the state. The beneficiaries and the compensation and benefits under the compensation insurance shall be the same as provided in chapter 51.32 RCW, and the compensation insurance also shall provide for medical aid and hospitalization to the extent and amount as provided in RCW 51.36.010 and 51.36.020 .
RCW 77.12.420 — Washington Code / Title 77 / Chapter 12 / Section 420
RCW 77.12.420: Improvement of conditions for growth of game fish.
Status: in_force

The director may spend moneys to improve natural growing conditions for fish by constructing fishways, installing screens, and removing obstructions to migratory fish. The eradication of undesirable fish shall be authorized by the commission. The director may enter into cooperative agreements with state, county, municipal, and federal agencies, and with private individuals for these purposes.
RCW 77.130.050 — Washington Code / Title 77 / Chapter 130 / Section 050
RCW 77.130.050: Application of chapters 63.24 and 63.29 RCW.
Status: in_force

(1) Chapter 63.24 RCW, unclaimed property in hands of bailee, does not apply to personal property in the possession of the department. (2) The uniform unclaimed property act, *chapter 63.29 RCW, does not apply to personal property in the possession of the department.
RCW 77.50.080 — Washington Code / Title 77 / Chapter 50 / Section 080
RCW 77.50.080: Possession or transportation in Pacific Ocean of salmon taken by other than troll lines or angling gear.
Status: in_force

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 waters of the state or country.
RCW 77.36.140 — Washington Code / Title 77 / Chapter 36 / Section 140
RCW 77.36.140: Chapter represents exclusive remedy.
Status: in_force

This chapter represents the exclusive remedy against the state for damage caused by wildlife interactions.
RCW 77.32.590 — Washington Code / Title 77 / Chapter 32 / Section 590
RCW 77.32.590: Hunting and fishing license donations—Resident disabled veterans—Rule-making authority.
Status: in_force

(1) In order to facilitate hunting and fishing opportunities for Washington state resident veterans who are eligible for reduced fishing and hunting license fees, based on a service-related disability, under RCW 77.32.480 , the department may accept donations from the public so that resident disabled veterans, on a first-come, first-served basis, may elect to utilize a donation towards their purchase of hunting and fishing licenses. (2) The director may take other actions consistent with facilitating hunting and fishing opportunities for disabled veterans. These actions may include, but are not limited to, entering into agreements with willing landowners pursuant to RCW 77.12.320 . (3) The department shall adopt rules to implement this section and to define the license products, to include the transaction and dealer fees, available for purchase using donated funds.
RCW 77.65.210 — Washington Code / Title 77 / Chapter 65 / Section 210
RCW 77.65.210: Nonlimited entry delivery license—Exceptions—Fees.
Status: in_force

(1) Except as provided in subsection (2) of this section, a person may not use a commercial fishing vessel to deliver food fish or shellfish taken for commercial purposes in offshore waters to a port in the state without a nonlimited entry delivery license. As used in this section, "deliver" and "delivery" mean arrival at a place or port, and include arrivals from offshore waters to waters within the state and arrivals ashore from offshore waters. As used in this section, "food fish" does not include salmon. As used in this section, "shellfish" does not include ocean pink shrimp, coastal crab, coastal spot shrimp, or fish or shellfish taken under an emerging commercial fisheries license if taken from offshore waters. The annual license fee for a nonlimited entry delivery license is two hundred sixty dollars for residents and six hundred forty-five dollars for nonresidents, and an additional thirty-five dollar surcharge for both residents and nonresidents to be deposited in the rockfish research account created in RCW 77.12.702 . The application fee for a nonlimited entry delivery license is one hundred five dollars. (2) Holders of the following licenses may deliver food fish or shellfish taken in offshore waters without a nonlimited entry delivery license: Salmon troll fishery licenses issued under RCW 77.65.160 ; salmon delivery licenses issued under RCW 77.65.170 ; crab pot fishery licenses issued under RCW 77.65.220 ; food fish trawl — Non-Puget Sound fishery licenses, and emerging commercial fishery licenses issued under RCW 77.65.200 ; Dungeness crab — coastal fishery licenses; ocean pink shrimp delivery licenses; Washington coastal spot shrimp pot fishery licenses issued under chapter 77.70 RCW; and emerging commercial fishery licenses issued under RCW 77.65.220 . (3) A nonlimited entry delivery license authorizes no taking of fish or shellfish from state waters.
RCW 77.15.098 — Washington Code / Title 77 / Chapter 15 / Section 098
RCW 77.15.098: Willful misconduct/gross negligence—Civil liability.
Status: in_force

(1) An authorized state, county, or municipal officer may be subject to civil liability under RCW 77.15.070 for willful misconduct or gross negligence in the performance of his or her duties. (2) The director, the fish and wildlife commission, or the department may be subject to civil liability for their willful or reckless misconduct in matters involving the seizure and forfeiture of personal property involved with fish or wildlife offenses.
RCW 77.105.160 — Washington Code / Title 77 / Chapter 105 / Section 160
RCW 77.105.160: Puget Sound recreational fisheries enhancement oversight committee—Created—Duties—Report to the legislature.
Status: in_force

(1) The Puget Sound recreational fisheries enhancement oversight committee is created. The director shall appoint at least seven members representing sport fishing interests to the committee from a list of applicants, ensuring broad representation from the sport fishing community. Each member shall serve for a term of two years, and may be reappointed for subsequent two-year terms at the discretion of the director. Members of the committee serve without compensation. (2) The Puget Sound recreational fisheries enhancement oversight committee has the following duties: (a) Advise the department on all aspects of the Puget Sound recreational fisheries enhancement program; (b) Develop recommendations, with assistance from the coordinator, for outcome-based goals and objectives to assess the effectiveness of the program; (c) Meet with the director each year to review these goals and objectives; (d) Report annually with the director to the commission on the goals of the program and the effectiveness of the program in meeting those goals; (e) Review and provide guidance on the annual budget for the recreational fisheries enhancement account; (f) Select a chair of the committee. It is the chair's duty to coordinate with the department on all issues related to the Puget Sound recreational fisheries enhancement program; (g) Meet at least quarterly with the department's coordinator as identified in RCW 77.105.010 of the Puget Sound recreational fisheries enhancement program; (h) Review and comment on program documents and proposed production of salmon and other species; (i) Address other issues related to the purposes of the Puget Sound recreational fisheries enhancement program that are of interest to recreational fishers in Puget Sound; and (j) Consistent with RCW 43.01.036 , make a joint report with the department to the legislature each biennium on the status of the program.
RCW 77.115.010 — Washington Code / Title 77 / Chapter 115 / Section 010
RCW 77.115.010: Disease inspection and control for aquatic farmers—Development of program—Elements—Rules—Violations.
Status: in_force

(1) The director of agriculture and the director shall jointly develop a program of disease inspection and control for aquatic farmers as defined in RCW 15.85.020 . The program shall be administered by the department under rules established under this section. The purpose of the program is to protect the aquaculture industry and wildstock fisheries from a loss of productivity due to aquatic diseases or maladies. As used in this section "diseases" means, in addition to its ordinary meaning, infestations of parasites or pests. The disease program may include, but is not limited to, the following elements: (a) Disease diagnosis; (b) Import and transfer requirements; (c) Provision for certification of stocks; (d) Classification of diseases by severity; (e) Provision for treatment of selected high-risk diseases; (f) Provision for containment and eradication of high-risk diseases; (g) Provision for destruction of diseased cultured aquatic products; (h) Provision for quarantine of diseased cultured aquatic products; (i) Provision for coordination with state and federal agencies; (j) Provision for development of preventative or control measures; (k) Provision for cooperative consultation service to aquatic farmers; and (l) Provision for disease history records. (2) The commission shall adopt rules implementing this section. However, such rules shall have the prior approval of the director of agriculture and shall provide therein that the director of agriculture has provided such approval. The director of agriculture or the director's designee shall attend the rule-making hearings conducted under chapter 34.05 RCW and shall assist in conducting those hearings. The authorities granted the department by these rules and by RCW 77.12.047 (1)(g), 77.60.060 , 77.60.080 , 77.65.210 , 77.115.030 , and 77.115.040 constitute the only authorities of the department to regulate private sector cultured aquatic products and aquatic farmers as defined in RCW 15.85.020 . Except as provided in subsection (3) of this section, no action may be taken against any person to enforce these rules unless the department has first provided the person an opportunity for a hearing. In such a case, if the hearing is requested, no enforcement action may be taken before the conclusion of that hearing. (3) The rules adopted under this section shall specify the emergency enforcement actions that may be taken by the department, and the circumstances under which they may be taken, without first providing the affected party with an opportunity for a hearing. Neither the provisions of this subsection nor the provisions of subsection (2) of this section shall preclude the department from requesting the initiation of criminal proceedings for violations of the disease inspection and control rules. (4) A person shall not violate the rules adopted under subsection (2) or (3) of this section or violate RCW 77.115.040 . (5) In administering the program established under this section, the department shall use the services of a pathologist licensed to practice veterinary medicine. (6) The director in administering the program shall not place constraints on or take enforcement actions in respect to the aquaculture industry that are more rigorous than those placed on the department or other fish-rearing entities. (7) The department must implement this section consistent with RCW 77.125.050 .
RCW 77.55.440 — Washington Code / Title 77 / Chapter 55 / Section 440
RCW 77.55.440: Penalties—Notice—Appeal—Authority of attorney general to recover penalty—Penalty schedule.
Status: in_force

(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 fish life and habitat. (2) The penalty provided must be imposed by notice in writing by the department, provided either by certified mail or by personal service, to the person incurring the penalty and to the local jurisdiction in which the hydraulic project is located, describing the violation. The department must take all measures reasonably calculated to ensure that the project proponent actually receives notice of the notice of penalty. The civil penalty notice must set forth: (a) The basis for the penalty; (b) The amount of the penalty; and (c) The right of the person incurring the penalty to appeal the civil penalty. (3)(a) Except as provided in (b) of this subsection, any person incurring any penalty under this chapter may appeal the penalty to the board pursuant to chapter 34.05 RCW. Appeals must be filed within thirty days from the date of receipt of the notice of civil penalty in accordance with RCW 43.21B.230 . (b) Issuance of a civil penalty may be informally appealed by the person incurring the penalty to the department within thirty days from the date of receipt of the notice of civil penalty. Requests for informal appeal must be filed in the form and manner prescribed by the department by rule. A civil penalty that has been informally appealed to the department is appealable to the board within thirty days from the date of receipt of the department's decision on the informal appeal. (4) The penalty imposed becomes due and payable thirty days after receipt of a notice imposing the penalty unless an appeal is filed. Whenever an appeal of any penalty incurred under this chapter is filed, the penalty becomes due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. When the penalty becomes past due, it is also subject to interest at the rate allowed by RCW 43.17.240 for debts owed to the state. (5) If the amount of any penalty is not paid within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of the county in which such a violation occurred, to recover the penalty. In all such actions, the rules of civil procedure and the rules of evidence are the same as in an ordinary civil action. The department is also entitled to recover reasonable attorneys' fees and costs incurred in connection with the penalty recovered under this section. All civil penalties received or recovered by state agency action for violations as prescribed in subsection (1) of this section must be deposited into the state's general fund. The department is authorized to retain any attorneys' fees and costs it may be awarded in connection with an action brought to recover a civil penalty issued pursuant to this section. (6) The department shall adopt by rule a penalty schedule to be effective by January 1, 2020. The penalty schedule must be developed in consideration of the following: (a) Previous violation history; (b) Severity of the impact on fish life and fish habitat; (c) Whether the violation of this chapter or of its rules was intentional; (d) Cooperation with the department; (e) Reparability of any adverse effects resulting from the violation; and (f) The extent to which a penalty to be imposed on a person for a violation committed by another should be reduced if the person was unaware of the violation and has not received a substantial economic benefit from the violation. (7) This section does not apply to a project, or to that portion of a project, that has received a forest practices hydraulic project permit from the department of natural resources pursuant to chapter 76.09 RCW.
RCW 77.32.530 — Washington Code / Title 77 / Chapter 32 / Section 530
RCW 77.32.530: Hunting big game—Auction or raffle—Procedure.
Status: in_force

(1) The commission in consultation with the director may authorize hunting of big game animals and wild turkeys through auction. The department may conduct the auction for the hunt or contract with a nonprofit wildlife conservation organization to conduct the auction for the hunt. (2) The commission in consultation with the director may authorize hunting of up to a total of thirty big game animals and wild turkeys per year through raffle. The department may conduct raffles or contract with a nonprofit wildlife conservation organization to conduct raffles for hunting these animals. In consultation with the gambling commission, the director may adopt rules for the implementation of raffles involving hunting. (3) The director shall establish the procedures for the hunts, which shall require any participants to obtain any required license, permit, or tag. Representatives of the department may participate in the hunt upon the request of the commission to ensure that the animals to be killed are properly identified. (4) After deducting the expenses of conducting an auction or raffle, any revenues retained by a nonprofit organization, as specified under contract with the department, shall be devoted solely for wildlife conservation, consistent with its qualification as a bona fide nonprofit organization for wildlife conservation. (5) The department's share of revenues from auctions and raffles shall be deposited in the limited fish and wildlife account created in RCW 77.12.170 (1). The revenues shall be used to improve game management and shall supplement, rather than replace, other funds budgeted for management of game species. The commission may solicit input from groups or individuals with special interest in and expertise on a species in determining how to use these revenues. (6) A nonprofit wildlife conservation organization may petition the commission to authorize an auction or raffle for a special hunt for big game animals and wild turkeys.
RCW 77.55.460 — Washington Code / Title 77 / Chapter 55 / Section 460
RCW 77.55.460: Disapproval of an application—Notice—Review.
Status: in_force

(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 from the issuance of a notice of intent to disapprove applications under this section, or until all outstanding civil penalties are paid and all outstanding notices to comply and stop work orders are complied with, whichever is longer. (2) The department shall provide written notice of its intent to disapprove an application under this section to the applicant and to any authorized agent or landowner identified in the application. (3) The disapproval period runs from thirty days following the date of actual notice of intent or when all administrative and judicial appeals, if any, have been exhausted. (4) Any person provided the notice may seek review from the board by filing a request for review within thirty days of the date of the notice of intent to disapprove applications.
RCW 77.50.120 — Washington Code / Title 77 / Chapter 50 / Section 120
RCW 77.50.120: Maintaining consistent salmon harvest levels.
Status: in_force

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 level of harvest, fishers cannot develop niche markets that maximize the economic value of the harvest. New tools and approaches are needed by fish managers to bring increased stability to the fishing industry. In the short term, it is the legislature's intent to provide managers with tools to assure that commercial harvest of targeted stocks can continue and expand under the constraints of the federal endangered species act. There are experimental types of commercial fishing gear that could allow fishers to stabilize harvest levels by selectively targeting healthy salmon stocks. For the longer term, the department of fish and wildlife shall proceed with changes to the operation of certain hatcheries in order to stabilize harvest levels by allowing naturally spawning and hatchery origin fish to be managed as a single run. Scientific information from such hatcheries would guide the department's approach to reducing the need to mass mark hatchery origin salmon where appropriate.
RCW 77.120.010 — Washington Code / Title 77 / Chapter 120 / Section 010
RCW 77.120.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Ballast tank" means any tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose. (2) "Ballast water" means any water and matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried. (3) "Biofouling" means the accumulation of aquatic organisms on a vessel such as attached or associated mobile microorganisms, plants, and animals on surfaces and structures immersed in or exposed to the aquatic environment. (4) "Empty/refill exchange" means to pump out, until the tank is empty or as close to empty as the master or operator determines is safe, the ballast water taken on in ports, estuarine, or territorial waters, and then refilling the tank with open sea waters. (5) "Exchange" means to replace the water in a ballast tank using either flow through exchange, empty/refill exchange, or other exchange methodology recommended or required by the United States coast guard. (6) "Flow through exchange" means to flush out ballast water by pumping in midocean water at the bottom of the tank and continuously overflowing the tank from the top until three full volumes of water have been changed to minimize the number of original organisms remaining in the tank. (7) "Nonindigenous species" means any species or other viable biological material that enters an ecosystem beyond its natural range. (8) "Open sea exchange" means an exchange that occurs fifty or more nautical miles offshore. If the United States coast guard requires a vessel to conduct an exchange further offshore, then that distance is the required distance for purposes of compliance with this chapter. (9) "Recognized marine trade association" means those trade associations in Washington state that promote improved ballast water management practices by educating their members on the provisions of this chapter, participating in regional ballast water coordination through the Pacific ballast water group, assisting the department in the collection of ballast water exchange forms, and the monitoring of ballast water. This includes members of the Puget Sound marine committee for Puget Sound and the Columbia river steamship operators association for the Columbia river. (10) "Sediments" means any matter settled out of ballast water within a vessel. (11) "Untreated ballast water" includes exchanged or unexchanged ballast water that has not undergone treatment. (12) "Vessel" means a ship, boat, barge, or other floating craft of three hundred gross tons or more, United States and foreign, carrying, or capable of carrying, ballast water into the coastal waters of the state after operating outside of the coastal waters of the state, except those vessels described in RCW 77.120.020 . (13) "Voyage" means any transit by a vessel destined for any Washington port. (14) "Waters of the state" means any surface waters, including internal waters contiguous to state shorelines within the boundaries of the state.
RCW 77.12.580 — Washington Code / Title 77 / Chapter 12 / Section 580
RCW 77.12.580: Game farms—Authority to dispose of eggs.
Status: in_force

A licensed game farmer may purchase, sell, give away, or dispose of the eggs of game birds or game fish lawfully possessed as provided by rule of the director.
RCW 77.15.310 — Washington Code / Title 77 / Chapter 15 / Section 310
RCW 77.15.310: Unlawful failure to use or maintain approved fish guard on water diversion device—Penalty.
Status: in_force

(1) A person is guilty of unlawful failure to use or maintain an approved fish guard on a diversion device if the person owns, controls, or operates a device used for diverting or conducting water from a lake, river, or stream and: (a) The device is not equipped with a fish guard, screen, or bypass approved by the director as required by RCW 77.57.010 or 77.57.070 ; or (b) The person knowingly fails to maintain or operate an approved fish guard, screen, or bypass so as to effectively screen or prevent fish from entering the intake. (2) Unlawful failure to use or maintain an approved fish guard, screen, or bypass on a diversion device is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day that a diversion device is operated without an approved or maintained fish guard, screen, or bypass is a separate offense.
RCW 77.80.040 — Washington Code / Title 77 / Chapter 80 / Section 040
RCW 77.80.040: Disposition of vessels and gear—Prohibition against using purchased vessels for fishing purposes.
Status: in_force

The department may arrange for the insurance, storage, and resale or other disposition of vessels and gear purchased under RCW 77.80.020 . Vessels shall not be resold by the department to the seller or the seller's immediate family. The vessels shall not be used by any owner or operator: (1) As a commercial fishing or charter vessel in state waters; or (2) to deliver fish to a place or port in the state. The department shall require that the purchasers and other users of vessels sold by the department execute suitable instruments to insure compliance with the requirements of this section. The director may commence suit or be sued on such an instrument in a state court of record or United States district court having jurisdiction.
RCW 77.95.210 — Washington Code / Title 77 / Chapter 95 / Section 210
RCW 77.95.210: Sale of surplus salmon eggs—Order of priority.
Status: in_force

(1) Except as provided in subsection (2) of this section, the department may supply, at a reasonable charge, surplus salmon eggs to a person for use in the cultivation of salmon. The department shall not intentionally create a surplus of salmon to provide eggs for sale. The department shall only sell salmon eggs from stocks that are not suitable for salmon population rehabilitation or enhancement in state waters in Washington after the salmon harvest on surplus salmon has been first maximized by both commercial and recreational fishers. (2) The department shall not destroy hatchery origin salmon for the purposes of destroying viable eggs that would otherwise be useful for propagation or salmon recovery purposes, as determined by the department and Indian tribes with treaty fishing rights in a collaborative manner, for replenishing fish runs. Eggs deemed surplus by the state must be provided, in the following order of priority, to: (a) Voluntary cooperative salmon culture programs under the supervision of the department under chapter 77.100 RCW; (b) Regional fisheries enhancement group salmon culture programs under the supervision of the department under this chapter; (c) Salmon culture programs requested by lead entities and approved by the salmon funding recovery board under chapter 77.85 RCW; (d) Hatcheries of federally approved tribes in Washington to whom eggs are moved, not sold, under the interlocal cooperation act, chapter 39.34 RCW; and (e) Governmental hatcheries in Washington, Oregon, and Idaho. The order of priority established in this subsection for distributing surplus eggs does not apply when there is a shortfall in the supply of eggs. (3) All sales, provisions, distributions, or transfers shall be consistent with the department's egg transfer and aquaculture disease control regulations as now existing or hereafter amended. Prior to department determination that eggs of a salmon stock are surplus and available for sale, the department shall assess the productivity of each watershed that is suitable for receiving eggs.
RCW 77.15.170 — Washington Code / Title 77 / Chapter 15 / Section 170
RCW 77.15.170: Waste of fish and wildlife—Penalty.
Status: in_force

(1) A person is guilty of waste of fish and wildlife if the person: (a) Takes or possesses wildlife classified as food fish, game fish, shellfish, or game birds having a value of two hundred fifty dollars or more, or wildlife classified as big game; and (b) Recklessly allows such fish, shellfish, or wildlife to be wasted. (2) Waste of fish and wildlife is a gross misdemeanor. Upon conviction, the department shall revoke any license or tag used in the crime and shall order suspension of the person's privileges to engage in the activity in which the person committed waste of fish and wildlife for a period of one year. (3) It is prima facie evidence of waste if: (a) A fish dealer purchases or engages a quantity of food fish, shellfish, or game fish that cannot be processed within sixty hours after the food fish, game fish, or shellfish are taken from the water, unless the food fish, game fish, or shellfish are preserved in good marketable condition; or (b) A person brings a big game animal to a wildlife meat cutter and then abandons the animal. For purposes of this subsection (3)(b), a big game animal is deemed to be abandoned when its carcass is placed in the custody of a wildlife meat cutter for butchering and processing and: (i) Having been placed in such custody for an unspecified period of time, the meat is not removed within thirty days after the wildlife meat cutter gives notice to the person who brought in the carcass or, having been so notified, the person who brought in the carcass refuses or fails to pay the agreed upon or reasonable charges for the butchering or processing of the carcass; or (ii) Having been placed in such custody for a specified period of time, the meat is not removed at the end of the specified period or the person who brought in the carcass refuses to pay the agreed upon or reasonable charges for the butchering or processing of the carcass.
RCW 77.70.480 — Washington Code / Title 77 / Chapter 70 / Section 480
RCW 77.70.480: Pacific sardines—Purse seine fishery license or temporary annual fishery permit required.
Status: in_force

(1) A Washington sardine purse seine fishery license or temporary annual fishery permit is required to use purse seine gear to fish for or possess Pacific sardines in offshore waters. This requirement does not affect persons authorized to fish for or possess sardines in offshore waters under a valid Oregon or California license or permit. (2) A Washington sardine purse seine fishery license or temporary annual fishery permit is required to deliver Pacific sardines into the state. (3) Washington sardine purse seine fishery licenses and temporary annual fishery permits require vessel designation under RCW 77.65.100 . (4) Pacific sardines may not be taken or retained in state waters except for incidental harvest authorized by rule of the department.
RCW 77.65.450 — Washington Code / Title 77 / Chapter 65 / Section 450
RCW 77.65.450: Trapper's license—Fees.
Status: in_force

A state trapping license allows the holder to trap fur-bearing animals throughout the state. However, a trapper may not place traps on private property without permission of the owner, lessee, or tenant where the land is improved and apparently used, or where the land is fenced or enclosed in a manner designed to exclude intruders or to indicate a property boundary line, or where notice is given by posting in a conspicuous manner. A state trapping license is void on April 1st following the date of issuance. The fee for this license is thirty-six dollars for residents sixteen years of age or older, fifteen dollars for residents under sixteen years of age, and one hundred eighty dollars for nonresidents. The application fee is one hundred five dollars.
RCW 77.65.030 — Washington Code / Title 77 / Chapter 65 / Section 030
RCW 77.65.030: Commercial licenses and permits—Application deadline—Exception.
Status: in_force

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 application deadline in this section does not apply to a license or permit that has not been renewed because of the death or incapacity of the license or permit holder. The license or permit holder's surviving spouse, estate, estate beneficiary, attorney-in-fact, or guardian must be given an additional one hundred eighty days to renew the license or permit.
RCW 77.32.585 — Washington Code / Title 77 / Chapter 32 / Section 585
RCW 77.32.585: Release of wild beavers.
Status: in_force

(1) The department shall permit the release of wild beavers on public and private lands with agreement from the property owner. (2) The department may limit the release of wild beavers to areas of the state where: (a) There is a low probability of released beavers becoming a nuisance or causing damage; (b) Conditions exist for released beavers to improve, maintain, or manage stream or riparian ecosystem functions; and (c) There is evidence of historic endemic beaver populations. (3) The department may condition the release of beaver to maximize the relocation's success and minimize risk. Factors that the department may condition include: (a) Stream gradient; (b) Sufficiency of the water supply; (c) Stream geomorphology; (d) Adequacy of a food source; (e) Proper site elevation and valley width; (f) Age of the beavers relocated; (g) Times of year for capture and relocation; (h) Requirements for the capture, handling, and transport of the live beavers; (i) Minimum and maximum numbers of beavers that can be relocated in one area; and (j) Requirements for the permit holder to initially provide supplemental food and lodge building materials. (4) The department may require: (a) Specific training for those involved with capture, handling, and release of beavers; and (b) The notification of any potentially affected adjacent landowners before permitting the release of wild beavers. (5) Nothing in this section creates any liability against the state or those releasing beavers nor authorizes any private right of action for any damages subsequently caused by beavers released pursuant to this section. (6) For the purposes of this section, "beaver" means the American beaver ( Castor canadensis ). (7) For the purposes of this section, beavers may only be released to carry out relocation: (a) Between two areas east of the crest of the Cascade mountains; or (b) between two areas west of the crest of the Cascade mountains.
RCW 77.12.852 — Washington Code / Title 77 / Chapter 12 / Section 852
RCW 77.12.852: Washington salmon stamp program—Creation.
Status: in_force

(1) The Washington salmon stamp program is created in the department. The purpose of the program is the creation of a stamp that will portray a salmonid species native to Washington and will be used for stamps, prints, and posters that can be sold in a wide range of prices and editions to appeal to citizens and collectors interested in supporting salmon restoration. The proceeds from the sale of the Washington salmon stamp shall be used for protection, preservation, and restoration of salmonid habitat in Washington. (2) Every year the department will announce competition, open to all Washington artists, for the creation of the year's Washington salmon stamp. The department will market the stamp and prints through a wide distribution method including websites, license sites, and at public events. (3) The winning artist will receive a monetary award and a certain number of artist proof prints.
RCW 77.130.060 — Washington Code / Title 77 / Chapter 130 / Section 060
RCW 77.130.060: Donation of unclaimed personal property.
Status: in_force

In addition to any other method of disposition of unclaimed property provided under this chapter, the department may donate unclaimed personal property to nonprofit charitable organizations. A nonprofit charitable organization receiving personal property donated under this section must use the property, or its proceeds, to benefit needy persons. The charitable organization must qualify for tax-exempt status under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.
RCW 77.55.161 — Washington Code / Title 77 / Chapter 55 / Section 161
RCW 77.55.161: Stormwater discharges.
Status: in_force

(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 for water quality or quantity impacts arising from stormwater discharges. A permit is required only for the actual construction of any stormwater outfall or associated structures pursuant to this chapter. (3)(a) In locations not covered by a national pollution discharge elimination system municipal stormwater general permit, the department may issue permits that contain provisions that protect fish life from adverse effects, such as scouring or erosion of the bed of the water body, resulting from the direct hydraulic impacts of the discharge. (b) Prior to the issuance of a permit issued under this subsection (3), the department must: (i) Make a finding that the discharge from the outfall will cause harmful effects to fish life; (ii) Transmit the findings to the applicant and to the city or county where the project is being proposed; and (iii) Allow the applicant an opportunity to use local ordinances or other mechanisms to avoid the adverse effects resulting from the direct hydraulic discharge. The forty-five day requirement for permit issuance under RCW 77.55.021 is suspended during the time period the department is meeting the requirements of this subsection (3)(b). (c) After following the procedures set forth in (b) of this subsection, the department may issue a permit that prescribes the discharge rates from an outfall structure that will prevent adverse effects to the bed or flow of the waterway. The department may recommend, but not specify, the measures required to meet these discharge rates. The department may not require changes to the project design above the mean higher high water mark of marine waters, or the ordinary high water mark of fresh waters of the state. Nothing in this section alters any authority the department may have to regulate other types of projects under this chapter.
RCW 77.70.430 — Washington Code / Title 77 / Chapter 70 / Section 430
RCW 77.70.430: Puget Sound crab pot buoy tag program—Fee—Coastal crab pot buoy tag program—Fee—Review.
Status: in_force

(1) In order to administer a Puget Sound crab pot buoy tag program, the department may charge a fee to holders of a Dungeness crab — Puget Sound fishery license to reimburse the department for the production of Puget Sound crab pot buoy tags and the administration of a Puget Sound crab pot buoy tag program. (2) In order to administer a Washington coastal Dungeness crab pot buoy tag program, the department may charge a fee to holders of a Dungeness crab — coastal fishery license and to holders of out-of-state licenses who are issued a pot certificate by the department to reimburse the department for the production of Washington coastal crab pot buoy tags and the administration of a Washington coastal crab pot buoy tag program. (3) The department shall annually review the costs of crab pot buoy tag production under this section with the goal of minimizing the per tag production costs. Any savings in production costs shall be passed on to the fishers required to purchase crab pot buoy tags under this section in the form of a lower tag fee.
RCW 77.70.442 — Washington Code / Title 77 / Chapter 70 / Section 442
RCW 77.70.442: Washington coastal crab pot buoy tag account.
Status: in_force

The Washington coastal crab pot buoy tag account is created in the custody of the state treasurer. All revenues from fees from RCW 77.70.430 (2) must be deposited into the account. Expenditures from this account may be used for the production of crab pot buoy tags and the administration of a Washington coastal crab pot buoy tag program. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW but no appropriation is required for expenditures.
RCW 77.60.050 — Washington Code / Title 77 / Chapter 60 / Section 050
RCW 77.60.050: Sale of shellfish from state oyster reserves.
Status: in_force

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 commercial cultching of oysters on state oyster reserves must possess an oyster cultch permit issued by the director pursuant to RCW 77.65.270 . To maintain local communities and industries and to restrain the formation of monopolies in the industry, the director shall determine the number of bushels which shall be sold to a person. When the shellfish are sold at public auction, the director may reject any and all bids.
RCW 77.32.025 — Washington Code / Title 77 / Chapter 32 / Section 025
RCW 77.32.025: Establishment of times and places for family fishing with no license or catch record card—Authorized.
Status: in_force

Notwithstanding RCW 77.32.010 , the commission may adopt rules designating times and places for the purposes of family fishing days when licenses and catch record cards are not required to fish or to harvest shellfish.
RCW 77.12.560 — Washington Code / Title 77 / Chapter 12 / Section 560
RCW 77.12.560: Tidelands used as public shooting grounds—Rules.
Status: in_force

The commission may adopt rules regarding the use of the tidelands as shooting grounds.
RCW 77.15.350 — Washington Code / Title 77 / Chapter 15 / Section 350
RCW 77.15.350: Inspection and disease control of aquatic farms—Rules violation—Penalty.
Status: in_force

(1) A person is guilty of violating a rule regarding inspection and disease control of aquatic farms if the person: (a) Violates any rule adopted under chapter 77.115 RCW regarding the inspection and disease control program for an aquatic farm; or (b) Fails to register or report production from an aquatic farm as required by chapter 77.115 RCW. (2) A violation of a rule regarding inspection and disease control of aquatic farms is a misdemeanor.
RCW 77.12.670 — Washington Code / Title 77 / Chapter 12 / Section 670
RCW 77.12.670: Migratory bird permit/migratory bird license validations—Deposit and use of revenues.
Status: in_force

(1) Beginning July 1, 2011, the department, after soliciting recommendations from the public, shall select the design for the *migratory bird stamp. (2) All revenue derived from the sale of migratory bird license validations or stamps by the department to any person hunting waterfowl or to any stamp collector shall be deposited in the limited fish and wildlife account and shall be used only for that portion of the cost of printing and production of the stamps for migratory waterfowl hunters as determined by subsection (4) of this section, and for those migratory waterfowl projects specified by the director of the department for the acquisition and development of migratory waterfowl habitat in the state and for the enhancement, protection, and propagation of migratory waterfowl in the state. Migratory bird license validation and stamp funds may not be used on lands controlled by private hunting clubs or on private lands that charge a fee for public access. Migratory bird license validation and stamp funds may be used for migratory waterfowl projects on private land where public hunting is provided by written permission or on areas established by the department as waterfowl hunting closures. (3) All revenue derived from the sale of the license validation and stamp by the department to persons hunting solely nonwaterfowl migratory birds shall be deposited in the limited fish and wildlife account and shall be used only for that portion of the cost of printing and production of the stamps for nonwaterfowl migratory bird hunters as determined by subsection (4) of this section, and for those nonwaterfowl migratory bird projects specified by the director for the acquisition and development of nonwaterfowl migratory bird habitat in the state and for the enhancement, protection, and propagation of nonwaterfowl migratory birds in the state. (4) With regard to the revenue from license validation and stamp sales that is not the result of sales to stamp collectors, the department shall determine the proportion of migratory waterfowl hunters and solely nonwaterfowl migratory bird hunters by using the yearly migratory bird hunter harvest information program survey results or, in the event that these results are not available, other similar survey results. A two-year average of the most recent survey results shall be used to determine the proportion of the revenue attributed to migratory waterfowl hunters and the proportion attributed to solely nonwaterfowl migratory bird hunters for each fiscal year. For fiscal year 1998-99 and for fiscal year 1999-2000, ninety-six percent of the stamp revenue shall be attributed to migratory waterfowl hunters and four percent of the stamp revenue shall be attributed to solely nonwaterfowl migratory game hunters. (5) Acquisition shall include but not be limited to the acceptance of gifts of real estate or any interest therein or the rental, lease, or purchase of real estate or any interest therein. If the department acquires any fee interest, leasehold, or rental interest in real property under this section, it shall allow the general public reasonable access to that property and shall, if appropriate, ensure that the deed or other instrument creating the interest allows such access to the general public. If the department obtains a covenant in real property in its favor or an easement or any other interest in real property under this section, it shall exercise its best efforts to ensure that the deed or other instrument creating the interest grants to the general public in the form of a covenant running with the land reasonable access to the property. The private landowner from whom the department obtains such a covenant or easement shall retain the right of granting access to the lands by written permission, but may not charge a fee for access. (6) The department may produce *migratory bird stamps in any given year in excess of those necessary for sale in that year. The excess stamps may be sold to the public.
RCW 77.65.160 — Washington Code / Title 77 / Chapter 65 / Section 160
RCW 77.65.160: Commercial salmon fishery licenses—Gear and geographic designations—Fees.
Status: in_force

(1) The following commercial salmon fishery licenses are required for the license holder to use the specified gear to fish for salmon in state waters. Only a person who meets the qualifications of RCW 77.70.090 may hold a license listed in this subsection. The licenses and their annual license fees, application fees, and surcharges under RCW 77.95.090 are: Fishery License Resident Fee Nonresident Fee Surcharge Application Fee (a) Salmon Gill Net — Grays Harbor-Columbia river $380 $765 plus $100 $105 (b) Salmon Gill Net — Puget Sound $380 $765 plus $100 $105 (c) Salmon Gill Net — Willapa Bay-Columbia river $380 $765 plus $100 $105 (d) Salmon purse seine $545 $930 plus $100 $105 (e) Salmon reef net $380 $765 plus $100 $105 (f) Salmon troll $380 $765 plus $100 $105 (2) A license issued under this section authorizes no taking or delivery of salmon or other food fish unless a vessel is designated under RCW 77.65.100 . (3) Holders of commercial salmon fishery licenses may retain incidentally caught food fish other than salmon, subject to rules of the department. (4) A salmon troll license includes a salmon delivery license. (5) A salmon gill net license authorizes the taking of salmon only in the geographical area for which the license is issued. The geographical designations in subsection (1) of this section have the following meanings: (a) "Puget Sound" includes waters of the Strait of Juan de Fuca, Georgia Strait, Puget Sound and all bays, inlets, canals, coves, sounds, and estuaries lying easterly and southerly of the international boundary line and a line at the entrance to the Strait of Juan de Fuca projected northerly from Cape Flattery to the lighthouse on Tatoosh Island and then to Bonilla Point on Vancouver Island. (b) "Grays Harbor-Columbia river" includes waters of Grays Harbor and tributary estuaries lying easterly of a line projected northerly from Point Chehalis Light to Point Brown and those waters of the Columbia river and tributary sloughs and estuaries easterly of a line at the entrance to the Columbia river projected southerly from the most westerly point of the North jetty to the most westerly point of the South jetty. (c) "Willapa Bay-Columbia river" includes waters of Willapa Bay and tributary estuaries and easterly of a line projected northerly from Leadbetter Point to the Cape Shoalwater tower and those waters of the Columbia river and tributary sloughs described in (b) of this subsection. (6) A commercial salmon troll fishery license may be renewed under this section if the license holder notifies the department by May 1st of that year that he or she will not participate in the fishery during that calendar year. A commercial salmon gill net, reef net, or seine fishery license may be renewed under this section if the license holder notifies the department before the third Monday in September of that year that he or she will not participate in the fishery during that calendar year. The license holder must pay the one hundred dollar enhancement surcharge, plus a one hundred five dollar application fee before the third Monday in September, in order to be considered a valid renewal and eligible to renew the license the following year. (7) Notwithstanding the annual license fees and surcharges established in subsection (1) of this section, a person who holds a resident commercial salmon fishery license shall pay an annual license fee of one hundred dollars plus the surcharge and application fee if all of the following conditions are met: (a) The license holder is at least seventy-five years of age; (b) The license holder owns a fishing vessel and has fished with a resident commercial salmon fishery license for at least thirty years; and (c) The commercial salmon fishery license is for a geographical area other than the Puget Sound. An alternate operator may not be designated for a license renewed at the one hundred dollar annual fee under this subsection (7).
RCW 77.15.750 — Washington Code / Title 77 / Chapter 15 / Section 750
RCW 77.15.750: Unlawful use of a department permit—Penalty.
Status: in_force

(1) A person is guilty of unlawful use of a department permit if the person: (a) Violates any terms or conditions of the permit issued by the department or the director; or (b) Violates any rule of the commission or the director applicable to the requirement for, issuance of, or use of the permit. (2)(a) Permits covered under subsection (1) of this section include, but are not limited to, master hunter permits, crab pot removal permits and shellfish pot removal permits under RCW 77.70.500 , depredation permits, landowner hunting permits, commercial carp license permits, permits to possess or dispense beer or malt liquor pursuant to RCW 66.28.210 , and permits to hold, sponsor, or attend an event requiring a banquet permit from the *liquor control board. (b) Permits excluded from subsection (1) of this section include the discover pass created in RCW 79A.80.020 , the vehicle access pass created in RCW 79A.80.040 , the day-use permit created in RCW 79A.80.030 , commercial use or activity permits, noncommercial use or activity permits, parking permits, experimental fishery permits, trial commercial fishery permits, and scientific collection permits. (3) Unlawful use of a department permit is a misdemeanor. (4) A person is guilty of unlawful use of an experimental fishery permit or a trial commercial fishery permit if the person: (a) Violates any terms or conditions of the permit issued by the department or the director; or (b) Violates any rule of the commission or the director applicable to the issuance or use of the permit. (5) Unlawful use of an experimental fishery permit or a trial commercial fishery permit is a gross misdemeanor. (6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Experimental fishery permit" means a permit issued by the director for either: (i) An "emerging commercial fishery," defined as a fishery for a newly classified species for which the department has determined that there is a need to limit participation; or (ii) An "expanding commercial fishery," defined as a fishery for a previously classified species in a new area, by a new method, or at a new effort level, for which the department has determined that there is a need to limit participation. (b) "Trial commercial fishery permit" means a permit issued by the department for trial harvest of a newly classified species or harvest of a previously classified species in a new area or by a new means.
RCW 77.70.360 — Washington Code / Title 77 / Chapter 70 / Section 360
RCW 77.70.360: Dungeness crab-coastal fishery licenses—Limitation on new licenses—Requirements for renewal.
Status: in_force

Except as provided under *RCW 77.70.380 , the director shall issue no new Dungeness crab-coastal fishery licenses after December 31, 1995. A person may renew an existing license only if the person held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person. Where the person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended.
RCW 77.15.792 — Washington Code / Title 77 / Chapter 15 / Section 792
RCW 77.15.792: Intentionally feeding or attempting to feed large wild carnivores or intentionally attracting large wild carnivores to land or a building—Penalty.
Status: in_force

(1) A person may not intentionally feed or attempt to feed large wild carnivores or intentionally attract large wild carnivores to land or a building. (2) A person who intentionally feeds, attempts to feed, or attracts large wild carnivores to land or a building is guilty of a misdemeanor. (3) A person who is issued an infraction under RCW 77.15.790 for negligently feeding, attempting to feed, or attracting large wild carnivores to land or a building, and who fails to contain, move, or remove the food, food waste, or other substance within twenty-four hours of being issued the infraction, is guilty of a misdemeanor.
RCW 77.12.323 — Washington Code / Title 77 / Chapter 12 / Section 323
RCW 77.12.323: Special wildlife account—Investments.
Status: in_force

(1) There is established in the state treasury a special wildlife account. Moneys received under RCW 77.12.320 as now or hereafter amended as compensation for wildlife losses shall be deposited in the state treasury to be credited to the special wildlife account. (2) The state treasurer may invest and reinvest the surplus as provided by RCW 43.84.080 .
RCW 77.75.080 — Washington Code / Title 77 / Chapter 75 / Section 080
RCW 77.75.080: Licensing authority defined.
Status: in_force

For purposes of Article VII of RCW 77.75.070 , the term "licensing authority," with reference to this state, means the department. The director is authorized to appoint a compact administrator.
RCW 77.12.858 — Washington Code / Title 77 / Chapter 12 / Section 858
RCW 77.12.858: Deposit of receipts—Expenditures.
Status: in_force

All receipts from the salmon stamp program created under RCW 77.12.850 through 77.12.860 must be deposited into the regional fisheries enhancement salmonid recovery account created under RCW 77.95.130 . Expenditures from the account may be used only for the purposes specified in RCW 77.95.130 and chapter 342, Laws of 1999. The department shall report biennially to the legislature on the amount of money the salmon stamp program has generated.
RCW 77.15.020 — Washington Code / Title 77 / Chapter 15 / Section 020
RCW 77.15.020: Authority to define violation of rule as infraction—Agreement to enforce certain civil infractions.
Status: in_force

(1) If the commission or director has authority to adopt a rule that is punishable as a crime under this chapter, then the commission or director may provide that violation of the rule shall be punished with notice of infraction under RCW 7.84.030 . Neither the commission nor the director have the authority to adopt a rule providing that a violation punishable as an infraction shall be a crime. (2) The director may, under the provisions of RCW 7.84.140 , enter into an agreement allowing employees of the state parks and recreation commission and the department of natural resources to enforce certain civil infractions created under this title.
RCW 77.15.010 — Washington Code / Title 77 / Chapter 15 / Section 010
RCW 77.15.010: Exemption for department actions.
Status: in_force

A person is not guilty of a crime under this chapter if the person is an officer, employee, or agent of the department lawfully acting in the course of his or her authorized duties.
RCW 77.15.675 — Washington Code / Title 77 / Chapter 15 / Section 675
RCW 77.15.675: Hunting while intoxicated—Penalty.
Status: in_force

(1) A person is guilty of hunting while under the influence of intoxicating liquor or drugs if the person hunts wild animals or wild birds while under the influence of intoxicating liquor or drugs. (2) Hunting while under the influence of intoxicating liquor or drugs is a gross misdemeanor.
RCW 77.55.191 — Washington Code / Title 77 / Chapter 55 / Section 191
RCW 77.55.191: Columbia river anadromous fish sanctuary—Restrictions.
Status: in_force

(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 rivers and to protect them against undue industrial encroachment. (2) Within the sanctuary area: (a) The department shall not issue a permit to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as determined by the department. (b) A person shall not divert water from rivers and streams in quantities that will reduce the respective streamflow below the annual average low flow, based upon data published in United States geological survey reports. (3) The commission may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section. (4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.
RCW 77.04.040 — Washington Code / Title 77 / Chapter 04 / Section 040
RCW 77.04.040: Commission—Qualifications of members.
Status: in_force

Persons eligible for appointment as members of the commission shall have general knowledge of the habits and distribution of fish and wildlife and shall not hold another state, county, or municipal elective or appointive office. In making these appointments, the governor shall seek to maintain a balance reflecting all aspects of fish and wildlife, including representation recommended by organized groups representing sportfishers, commercial fishers, hunters, private landowners, and environmentalists. Persons eligible for appointment as fish and wildlife commissioners shall comply with the provisions of chapters 42.52 and * 42.17 RCW.
RCW 77.145.030 — Washington Code / Title 77 / Chapter 145 / Section 030
RCW 77.145.030: Application of chapter.
Status: in_force

This chapter does not apply to aquaculture, aquatic farmers, or private sector cultured aquatic products as those terms are defined in RCW 15.85.020 .
RCW 77.105.020 — Washington Code / Title 77 / Chapter 105 / Section 020
RCW 77.105.020: Department responsibilities—Report to the legislature.
Status: in_force

(1) Consistent with available revenue, commission policies, tribal comanager agreements, and limitations of the endangered species act, the department, in consultation with the oversight committee created in RCW 77.105.160 , shall adaptively manage the Puget Sound recreational salmon and marine fish enhancement program to maximize the benefits to the Puget Sound recreational fishery. (2) The department has the following duties: (a) The department shall utilize a program of hatchery-based salmon enhancement and solicit support from cooperative projects, regional enhancement groups, and other supporting organizations to improve recreational salmon fishing in Puget Sound. (b) The department may conduct comprehensive research on resident and migratory salmon production opportunities on marine bottomfish production limitations, and on methods for artificial propagation of depleted marine bottomfish. (c) The program must facilitate continued and improved recreational fishing opportunities in Puget Sound and Lake Washington as measured by increased angler trips of participation. The coordinator, as identified in RCW 77.105.010 , shall assist the oversight committee with development of recommendations for outcome-based goals and objectives to assess the effectiveness of the program. (d) The director shall meet with the oversight committee each year to review and approve these goals and objectives. (e) The director and oversight committee shall report annually to the commission on the goals of the program and the effectiveness of the program in meeting those goals. Objectives include, but are not limited to, an increase in salmon and bottomfish angler trips. (f) The department and the oversight committee shall seek to reach consensus regarding program activities and expenditures. The department shall provide the oversight committee with a written explanation when the department expends funds from the recreational fisheries enhancement account that differs substantially from oversight committee recommendations. (g) Consistent with RCW 43.01.036 , the department and oversight committee shall make a joint report to the legislature on the effectiveness of this program in biennial reports. Reports must include the goals and objectives of the previous biennium and a determination of whether the goals and objectives were met and an explanation if the department did not meet these specific objectives.
RCW 77.15.470 — Washington Code / Title 77 / Chapter 15 / Section 470
RCW 77.15.470: Wildlife check stations or field inspections—Unlawful avoidance—Penalty.
Status: in_force

(1) A person is guilty of unlawfully avoiding wildlife check stations or field inspections if the person fails to: (a) Obey check station signs; (b) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer or if directed by an ex officio fish and wildlife officer participating in a department-authorized check station; or (c) Produce for inspection upon request by a fish and wildlife officer or ex officio fish and wildlife officer: (i) Hunting or fishing equipment; (ii) seaweed, fish, shellfish, or wildlife; or (iii) licenses, permits, tags, stamps, or catch record cards required by this title. (2) Unlawfully avoiding wildlife check stations or field inspections is a gross misdemeanor. (3) Wildlife check stations may not be established upon interstate highways or state routes.
RCW 77.70.450 — Washington Code / Title 77 / Chapter 70 / Section 450
RCW 77.70.450: Commercial fisheries buyback account.
Status: in_force

The commercial fisheries buyback account is created in the custody of the state treasurer. All receipts from money collected by the commission under RCW 77.70.460 , moneys appropriated for the purposes of this section, and other gifts, grants, or donations specifically made to the fund must be deposited into the account. Expenditures from the account may be used only for the purpose of repaying moneys advanced by the federal government under a groundfish fleet reduction program established by the federal government, or for other fleet reduction efforts, commercial fishing license buyback programs, or similar programs designed to reduce the harvest capacity in a commercial fishery. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
RCW 77.65.330 — Washington Code / Title 77 / Chapter 65 / Section 330
RCW 77.65.330: Wholesale fish buyer/limited fish seller—Notification by director of a violation of rules relating to the accounting of commercial harvest—Payment of liability.
Status: in_force

The director shall promptly notify by order a wholesale fish buyer or limited fish seller and the appropriate surety when a violation of rules relating to the accounting of commercial harvest has occurred. The notification shall specify the type of violation, the liability to be imposed for damages caused by the violation, and a notice that the amount of liability is due and payable to the department by the wholesale fish buyer or limited fish seller and the surety. If the amount specified in the order is not paid within thirty days after receipt of the notice, the prosecuting attorney for any county in which the persons to whom the order is directed do business, or the attorney general upon request of the department, may bring an action on behalf of the state in the superior court for Thurston county or any county in which the persons to whom the order is directed do business to recover the amount specified in the final order of the department. The surety shall be liable to the state to the extent of the bond.
RCW 77.70.040 — Washington Code / Title 77 / Chapter 70 / Section 040
RCW 77.70.040: Administrative review of department's decision—Hearing—Procedures.
Status: in_force

A person aggrieved by a decision of the department under this chapter may request administrative review under the informal procedure established by this section. In an informal hearing before a review board, the rules of evidence do not apply. A record of the proceeding shall be kept as provided by chapter 34.05 RCW. After hearing the case the review board shall notify in writing the director and the initiating party whether the review board agrees or disagrees with the department's decision and the reasons for the review board's findings. Upon receipt of the review board's findings the director may order such relief as the director deems appropriate under the circumstances. Nothing in this section: (1) Impairs an aggrieved person's right to proceed under chapter 34.05 RCW; or (2) imposes a liability on members of a review board for their actions under this section.
RCW 77.12.170 — Washington Code / Title 77 / Chapter 12 / Section 170
RCW 77.12.170: Limited fish and wildlife account—Deposits—Fish, wildlife, and conservation account—Established—Deposits.
Status: in_force

(1) There is established in the state treasury the limited fish and wildlife account which consists of moneys received from: (a) Fees for personalized vehicle, Wild on Washington, and Endangered Wildlife license plates, Washington's Wildlife license plate collection, and Washington's fish license plate collection as provided in chapter 46.17 RCW; (b) The department's share of revenues from auctions and raffles authorized by the commission; (c) The sale of watchable wildlife decals under RCW 77.32.560 ; (d) Moneys received from the recreation access pass account created in RCW 79A.80.090 must be dedicated to stewardship, operations, and maintenance of department lands used for public recreation purposes; (e) Fees for informational materials published by the department; (f) Those portions of the sale of licenses, permits, tags, stamps, endorsements, and application fees that are specified for a limited purpose within chapters 77.32 , 77.65, and 77.70 RCW; and (g) Income directed to the limited fish and wildlife account by any other statute not listed in this subsection. (2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the limited fish and wildlife account. (3) There is established in the state treasury the fish, wildlife, and conservation account that consists of moneys received from: (a) Rentals or concessions of the department; (b) The sale of real or personal property held for department purposes, unless the property is seized or recovered through a fish, shellfish, or wildlife enforcement action; (c) The assessment of administrative penalties; (d) Those portions of the sale of licenses, permits, tags, stamps, endorsements, and application fees that are not specified for a limited purpose within chapters 77.32 , 77.65, and 77.70 RCW; (e) Articles or wildlife sold by the director under RCW 77.12.140 ; (f) Excise tax on anadromous game fish collected under chapter 82.27 RCW; (g) Donations received by the director under RCW 77.12.039 ; (h) Income directed to the fish, wildlife, and conservation account by any other statute not listed in this subsection. (4) State and county officers receiving any moneys listed in subsection (3) of this section shall deposit them in the state treasury to be credited to the fish, wildlife, and conservation account. (5) Compensation for damage to department property or wildlife losses or contributions, gifts, or grants received under RCW 77.12.320 must be deposited into the special wildlife account created in RCW 77.12.323 . However, this excludes fish and shellfish overages and court-ordered restitution or donations associated with any fish, shellfish, or wildlife enforcement action, as such moneys must be deposited in the enforcement reward account pursuant to RCW 77.15.425 . (6) During the 2025-2027 fiscal biennium, moneys from the limited fish and wildlife account may be transferred to the fish, wildlife, and conservation account.
RCW 77.44.050 — Washington Code / Title 77 / Chapter 44 / Section 050
RCW 77.44.050: Warm water game fish account—Created—Use of moneys.
Status: in_force

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, improvement of warm water fish habitat, management of warm water fish populations, and other practical activities that will improve the fishing for warm water fish. Funds for warm water game fish as provided in RCW 77.32.440 shall not serve as replacement funding for department-operated warm water fish projects existing on December 31, 1994. During the 2025-2027 fiscal biennium, moneys from the warm water game fish account may be transferred to the fish, wildlife, and conservation account.
RCW 77.15.240 — Washington Code / Title 77 / Chapter 15 / Section 240
RCW 77.15.240: Unlawful use of dogs—Penalty—Authority to take or destroy a dog—Certain hazing activities permitted.
Status: in_force

(1)(a) A person is guilty of unlawful use of dogs if the person: (i) Negligently fails to prevent a dog under the person's control from pursuing, harassing, attacking, or killing deer, elk, moose, caribou, mountain sheep, or animals classified as endangered under this title; or (ii) Uses the dog to hunt deer or elk. (b) For the purposes of this subsection, a dog is "under a person's control" if the dog is owned or possessed by, or in the custody of, a person. (2) Unlawful use of dogs is a misdemeanor. (3)(a) Based on a reasonable belief that a dog is pursuing, harassing, attacking, or killing a deer, elk, moose, caribou, mountain sheep, or animals classified as protected or endangered under this title, fish and wildlife officers and ex officio fish and wildlife officers may: (i) Lawfully take a dog into custody; or (ii) If necessary to avoid repeated harassment, injury, or death of wildlife under this section, destroy the dog. (b) Fish and wildlife officers and ex officio fish and wildlife officers who destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions. (4)(a) This section does not apply to a person using a dog to conduct a department-approved and controlled hazing activity, as long as the person prevents or minimizes physical contact between the dog and the wildlife, and the hazing is being done only for the purposes of wildlife control and the prevention of damage to commercial crops. (b) For the purposes of this subsection, "hazing" means the act of chasing or herding wildlife in an effort to move them from one location to another.
RCW 77.135.220 — Washington Code / Title 77 / Chapter 135 / Section 220
RCW 77.135.220: Aquatic invasive species prevention permits—Commercial transporters and aquatic conveyances.
Status: in_force

(1) The department may issue aquatic invasive species prevention permits to commercial transporters of vessels and aquatic conveyances. (2) A person must obtain a Washington state aquatic invasive species prevention permit before commercially transporting into or through the state one or more of the following conveyances that have previously been placed or operated in the waters of any state or country: (a) A small vessel; (b) a registered vessel; (c) a seaplane; or (d) a commercial vessel. (3) The valid aquatic invasive species prevention permit must be present and readily available for inspection upon request by a fish and wildlife officer or ex officio fish and wildlife officer at any location where the listed conveyance is associated with the transport vehicle. (4) The aquatic invasive species prevention permit is transferable between vehicles and vehicle operators of the same business used to commercially transport aquatic conveyances but a separate permit is required for each vehicle operator commercially transporting aquatic conveyances at any given time. (5) An aquatic invasive species prevention permit is not required to commercially transport new conveyances if the vehicle operator has documentation present and readily available proving all conveyances originated from the manufacturer or vendor and the conveyances have never been placed or operated in waters of any state or country.
RCW 77.110.900 — Washington Code / Title 77 / Chapter 110 / Section 900
RCW 77.110.900: Transmittal of act to president and congress—1985 c 1.
Status: in_force

*** CHANGE IN 2026 *** (SEE 2554.SL ) ***

The secretary of state shall transmit copies of this act to the president of the United States senate, the speaker of the United States house of representatives, and each member of congress.
RCW 77.125.010 — Washington Code / Title 77 / Chapter 125 / Section 010
RCW 77.125.010: Accidental Atlantic salmon release—Prevention measures.
Status: in_force

Marine aquaculture net pen facilities in Washington state have accidentally released Atlantic salmon into Puget Sound. It is necessary to minimize escapes through the implementation of statewide prevention measures.
RCW 77.12.275 — Washington Code / Title 77 / Chapter 12 / Section 275
RCW 77.12.275: Agreements with department of defense.
Status: in_force

The commission may negotiate agreements with the United States department of defense to coordinate fishing in state waters over which the department of defense has assumed control.
RCW 77.12.471 — Washington Code / Title 77 / Chapter 12 / Section 471
RCW 77.12.471: Wildlife rehabilitation account.
Status: in_force

The wildlife rehabilitation account is created in the state treasury. All receipts from moneys directed to the account from RCW 46.68.435 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the support of the wildlife rehabilitation program created under RCW 77.12.467 .
RCW 77.36.080 — Washington Code / Title 77 / Chapter 36 / Section 080
RCW 77.36.080: Limit on total claims from general fund per fiscal year—Emergency exceptions.
Status: in_force

(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 emergency if weather, fire, or other natural events result in deer or elk causing excessive damage to commercial crops. (b) After an emergency declaration, the department may pay as much as may be subsequently appropriated, in addition to the funds authorized under subsection (1) of this section, for claims and assessment costs under RCW 77.36.100 . Such money shall be used to pay wildlife interaction claims only if the claim meets the conditions of RCW 77.36.100 and the department has expended all funds authorized under RCW 77.36.070 or subsection (1) of this section.
RCW 77.60.010 — Washington Code / Title 77 / Chapter 60 / Section 010
RCW 77.60.010: State oyster reserves established.
Status: in_force

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 as Oyster Bay reserves), located in Totten Inlet, Thurston county; (b) Eld Inlet reserves (sometimes known as Mud Bay reserves), located in Mud Bay, Thurston county; (c) Oakland Bay reserves, located in Oakland Bay, Mason county; (d) North Bay reserves (sometimes known as Case Inlet reserves), located in Case Inlet, Mason county. 2. W illapa H arbor O yster R eserves : (a) Nemah reserve, south and west sides of reserve located along Nemah River channel, Pacific county; (b) Long Island reserve, located at south end and along west side of Long Island, Willapa Harbor, Pacific county; (c) Long Island Slough reserve, located at south end and along east side of Long Island, Willapa Harbor, Pacific county; (d) Bay Center reserve, located in the Palix River channel, extending from Palix River bridge to beyond Bay Center to north of Goose Point, Willapa Harbor, Pacific county; (e) Willapa River reserve, located in the Willapa River channel extending west and up-river from a point approximately one-quarter mile from the blinker light marking the division of Willapa River channel and the North River channel, Willapa Harbor, Pacific county.
RCW 77.85.005 — Washington Code / Title 77 / Chapter 85 / Section 005
RCW 77.85.005: Findings—Intent.
Status: in_force

The legislature finds that repeated attempts to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport, commercial, and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to begin activities required for the recovery of salmon stocks as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmon and the complex array of natural and human-caused problems they face. The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government, and that the state may best accomplish this objective by integrating local and regional recovery activities into a statewide strategy that can make the most effective use of provisions of federal laws allowing for a state lead in salmon recovery, delivered through implementation activities consistent with regional and watershed recovery plans. The legislature also finds that a statewide salmon recovery strategy must be developed and implemented through an active public involvement process in order to ensure public participation in, and support for, salmon recovery. The legislature also finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat restoration is a vital component of salmon recovery efforts. Therefore, it is the intent of the legislature to specifically address salmon habitat restoration in a coordinated manner and to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to communities for habitat projects that will assist in the recovery and enhancement of salmon stocks. A strong watershed-based locally implemented plan is essential for local, regional, and statewide salmon recovery. The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful. The legislature further finds that it is important to monitor the overall health of the salmon resource to determine if recovery efforts are providing expected returns. It is important to monitor salmon habitat projects and salmon recovery activities to determine their effectiveness in order to secure federal acceptance of the state's approach to salmon recovery. Adaptive management cannot exist without monitoring. For these reasons, the legislature believes that a coordinated and integrated monitoring system should be developed and implemented. The legislature therefore finds that a coordinated framework for responding to the salmon crisis is needed immediately. To that end, the governor's salmon recovery office should be created to provide overall coordination of the state's response; an independent science panel is needed to provide scientific review and oversight; a coordinated state funding process should be established through a salmon recovery funding board; the appropriate local or tribal government should provide local leadership in identifying and sequencing habitat projects to be funded by state agencies; habitat projects should be implemented without delay; and a strong locally based effort to restore salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively.
RCW 77.32.460 — Washington Code / Title 77 / Chapter 32 / Section 460
RCW 77.32.460: Small game hunting license—Turkey tags—Appropriation of moneys received.
Status: in_force

(1) A small game hunting license is required to hunt for all classified wild animals and wild birds, except big game. A small game license also allows the holder to hunt for unclassified wildlife. (2)(a) In addition to a small game license, a turkey tag is required to hunt for turkey. (b) Two-thirds of the moneys received from turkey tags must be appropriated solely for turkey or upland game bird management within the limited fish and wildlife account created in RCW 77.12.170 (1). The remainder of the moneys received from turkey tags must be appropriated to the fish, wildlife, and conservation account created in RCW 77.12.170 (3). Moneys received from turkey tags may not supplant existing funds provided for these purposes.
RCW 77.50.030 — Washington Code / Title 77 / Chapter 50 / Section 030
RCW 77.50.030: Salmon fishing gear.
Status: in_force

(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, fish trap, fish wheel, scow fish wheel, set net, weir, or fixed appliance for catching salmon or steelhead except under the authority of a trial or experimental fishery permit, when an emerging commercial fishery has been designated allowing use of one or more of these gear types. The director must consult with the commercial fishing interests that would be affected by the trial or experimental fishery permit. The director may authorize the use of this gear for scientific investigations. (3) The department, in coordination with the Oregon department of fish and wildlife, shall adopt rules to regulate the use of monofilament in gill net webbing on the Columbia river.
RCW 77.32.256 — Washington Code / Title 77 / Chapter 32 / Section 256
RCW 77.32.256: Duplicate licenses, rebates, permits, tags, and stamps—Fees.
Status: in_force

The director shall by rule establish the conditions and fees for issuance of duplicate licenses, rebates, permits, tags, and stamps required by this chapter. The fee for duplicate licenses, rebates, permits, tags, and stamps, except catch record cards, may not exceed the actual cost to the department for issuing the duplicate.
RCW 77.12.204 — Washington Code / Title 77 / Chapter 12 / Section 204
RCW 77.12.204: Grazing lands—Fish and wildlife goals—Implementation.
Status: in_force

The department of fish and wildlife shall implement practices necessary to meet the standards developed under *RCW 79.01.295 on agency-owned and managed agricultural and grazing lands. The standards may be modified on a site-specific basis as necessary and as determined by the department of fish and wildlife to achieve the goals established under *RCW 79.01.295 (1). Existing lessees shall be provided an opportunity to participate in any site-specific field review. Department agricultural and grazing leases issued after December 31, 1994, shall be subject to practices to achieve the standards that meet those developed pursuant to *RCW 79.01.295 . This section shall in no way prevent the department of fish and wildlife from managing its lands according to the provisions of RCW 77.04.012 , 77.12.210 , or rules adopted pursuant to this chapter.
RCW 77.18.050 — Washington Code / Title 77 / Chapter 18 / Section 050
RCW 77.18.050: Planting privately produced trout.
Status: in_force

The legislature finds that it is beneficial to improve opportunities for trout fishing in order to satisfy the public's demand for recreational fishing during a time of declining opportunities to catch anadromous salmon and steelhead trout. Fish farmers can produce trout in a triploid genetic configuration for the purpose of certifying that the fish are sterile and that they cannot interbreed with wild trout. These fish are ideally suited to planting into public lakes and ponds to provide immediate recreational fishing at a reasonable cost. The fish continue to grow throughout their life cycle and have the potential to grow to trophy size. Planting of these catchable trout can provide increased angler participation, increased fishing license sales, increased tourism activities, and a boost to local economies. The department of fish and wildlife is authorized to purchase these privately produced fish to supplement existing department trout hatchery production. The planting of these catchable trout in water bodies with water quality sufficient to support fish life must not have an adverse impact on the wild trout population.
RCW 77.85.130 — Washington Code / Title 77 / Chapter 85 / Section 130
RCW 77.85.130: Allocation of funds—Procedures and criteria.
Status: in_force

(1) The salmon recovery funding board shall develop procedures and criteria for allocation of funds for salmon habitat projects and salmon recovery activities on a statewide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation should address both protection and restoration of habitat, and should recognize the varying needs in each area of the state on an equitable basis. The board has the discretion to partially fund, or to fund in phases, salmon habitat projects. The board may annually establish a maximum amount of funding available for any individual project, subject to available funding. No projects required solely as a mitigation or a condition of permitting are eligible for funding. (2)(a) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that: (i) Are based upon the limiting factors analysis identified under RCW 77.85.060 ; (ii) Provide a greater benefit to salmon recovery based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available; (iii) Will benefit listed species and other fish species; (iv) Will preserve high quality salmonid habitat; (v) Are included in a regional or watershed-based salmon recovery plan that accords the project, action, or area a high priority for funding; (vi) Are, except as provided in RCW 77.85.240 , sponsored by an entity that is a Puget Sound partner, as defined in RCW 90.71.010 ; and (vii) Are projects referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310 . (b) In evaluating, ranking, and awarding funds for projects and activities the board shall also give consideration to projects that: (i) Are the most cost-effective; (ii) Have the greatest matched or in-kind funding; (iii) Will be implemented by a sponsor with a successful record of project implementation; (iv) Involve members of the Washington conservation corps established in chapter 43.220 RCW or the veterans conservation corps established in RCW 43.60A.150 ; and (v) Are part of a regionwide list developed by lead entities. (3) The board may reject, but not add, projects from a habitat project list submitted by a lead entity for funding. (4) The board shall establish criteria for determining when block grants may be made to a lead entity. The board may provide block grants to the lead entity to implement habitat project lists developed under RCW 77.85.050 , subject to available funding. The board shall determine an equitable minimum amount of project funds for each recovery region, and shall distribute the remainder of funds on a competitive basis. The board may also provide block grants to the lead entity or regional recovery organization to assist in carrying out functions described under this chapter. Block grants must be expended consistent with the priorities established for the board in subsection (2) of this section. Lead entities or regional recovery organizations receiving block grants under this subsection shall provide an annual report to the board summarizing how funds were expended for activities consistent with this chapter, including the types of projects funded, project outcomes, monitoring results, and administrative costs. (5) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing. (6) The board may award a grant or loan for a salmon recovery project on private or public land when the landowner has a legal obligation under local, state, or federal law to perform the project, when expedited action provides a clear benefit to salmon recovery, and there will be harm to salmon recovery if the project is delayed. For purposes of this subsection, a legal obligation does not include a project required solely as a mitigation or a condition of permitting. (7) Property acquired or improved by a project sponsor may be conveyed to a federal agency if: (a) The agency agrees to comply with all terms of the grant or loan to which the project sponsor was obligated; or (b) the board approves: (i) Changes in the terms of the grant or loan, and the revision or removal of binding deed of right instruments; and (ii) a memorandum of understanding or similar document ensuring that the facility or property will retain, to the extent feasible, adequate habitat protections; and (c) the appropriate legislative authority of the county or city with jurisdiction over the project area approves the transfer and provides notification to the board. (8) Any project sponsor receiving funding from the salmon recovery funding board that is not subject to disclosure under chapter 42.56 RCW must, as a mandatory contractual prerequisite to receiving the funding, agree to disclose any information in regards to the expenditure of that funding as if the project sponsor was subject to the requirements of chapter 42.56 RCW. (9) After January 1, 2010, any project designed to address the restoration of Puget Sound may be funded under this chapter only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310 .
RCW 77.105.005 — Washington Code / Title 77 / Chapter 105 / Section 005
RCW 77.105.005: Findings—Intent.
Status: in_force

(1) The legislature finds the sheltered waters of Puget Sound (waters east of the Sekiu river) have historically provided the citizens of the state with the safest and most convenient access to productive marine recreational fishing. (2) The legislature further recognizes the economic value in restoring and rebuilding the recreational fishing opportunities in Puget Sound for salmon and marine bottomfish, and that these opportunities have declined in the past two decades. Investments made in recreational fishing programs will repay the people of the state many times over in increased economic activity and in an improved quality of life. (3) It is the intent of the legislature to improve recreational fishing opportunities in Puget Sound and Lake Washington from current levels and increase the economic benefits from the fishery, particularly recognizing the unique recreational experience provided by the winter salmon fishery. In addition, the legislature has determined that the number of angler trips expended in these waters is the measure of fishing opportunity.
RCW 77.65.280 — Washington Code / Title 77 / Chapter 65 / Section 280
RCW 77.65.280: Fish dealer license—Exemption—Fees.
Status: in_force

(1) A fish dealer license is required for a person in the state who: (a) Takes possession of raw or frozen fish or shellfish, in whole or in parts, to prepare, repackage, process, or preserve. This includes, but is not limited to: (i) Canning or processing of fish or shellfish for payment, whether the fish or shellfish is commercially harvested or taken for personal use; and (ii) The commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or any other by-products from fish or shellfish; (b) Engages in the wholesale selling, buying, or brokering of raw or frozen fish or shellfish. Certain buyers may be additionally required to obtain a wholesale fish buyer endorsement as specified in RCW 77.65.340 . (2) A fish dealer license is not required for: (a) Licensed commercial fish or shellfish harvesters who either sell only to licensed wholesale fish buyers or who possess a limited fish seller endorsement; (b) Retail businesses that purchase exclusively from Washington licensed wholesale fish buyers or from limited fish sellers for sale to end consumers. (3) A business engaged in any activity requiring a fish dealer license only needs to purchase one fish dealer license to cover the actions of all employees. (4) The annual license fee for a resident fish dealer is four hundred dollars. The fee for a nonresident fish dealer license is seven hundred eighty-five dollars. The application fee for both resident and nonresident licenses is one hundred five dollars.
RCW 77.75.120 — Washington Code / Title 77 / Chapter 75 / Section 120
RCW 77.75.120: Snake river boundary—Honoring licenses to take wildlife of either state.
Status: in_force

The taking of wildlife from the boundary waters or islands of the Snake river shall be in accordance with the wildlife laws of the respective states. Fish and wildlife officers and ex officio fish and wildlife officers shall honor the license of either state and the right of the holder to take wildlife from the boundary waters and islands in accordance with the laws of the state issuing the license.
RCW 77.36.070 — Washington Code / Title 77 / Chapter 36 / Section 070
RCW 77.36.070: Limit on total claims from the fish, wildlife, and conservation account per fiscal year.
Status: in_force

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 .
RCW 77.32.535 — Washington Code / Title 77 / Chapter 32 / Section 535
RCW 77.32.535: Private lands—Raffle authorization to hunt big game.
Status: in_force

If a private entity has a private lands wildlife management area agreement in effect with the department, the commission may authorize the private entity to conduct raffles for access to hunt for big game animals and wild turkeys to meet the conditions of the agreement. The private entity shall comply with all applicable rules adopted under RCW 77.32.530 for the implementation of raffles; however, raffle hunts conducted pursuant to this section shall not be counted toward the number of raffle hunts the commission may authorize under RCW 77.32.530 . The director shall establish the procedures for the hunts, which shall require any participants to obtain any required license, permit, or tag. Representatives of the department may participate in the hunt upon the request of the commission to ensure that the animals to be killed are properly identified.
RCW 77.12.020 — Washington Code / Title 77 / Chapter 12 / Section 020
RCW 77.12.020: Wildlife to be classified.
Status: in_force

(1) The director shall investigate the habits and distribution of the various species of wildlife native to or adaptable to the habitats of the state. The commission shall determine whether a species should be managed by the department and, if so, classify it under this section. (2) The commission may classify by rule wild animals as game animals and game animals as fur-bearing animals. (3) The commission may classify by rule wild birds as game birds or predatory birds. All wild birds not otherwise classified are protected wildlife. (4) In addition to those species listed in RCW 77.08.020 , the commission may classify by rule as game fish other species of the class Osteichthyes that are commonly found in fresh water except those classified as food fish by the director. (5) The director may recommend to the commission that a species of wildlife should not be hunted or fished. The commission may designate species of wildlife as protected. (6) If the director determines that a species of wildlife is seriously threatened with extinction in the state of Washington, the director may request its designation as an endangered species. The commission may designate an endangered species. (7) If the director determines that a species of the animal kingdom, not native to Washington, is dangerous to the environment or wildlife of the state, the director may request its designation as deleterious exotic wildlife. The commission may designate deleterious exotic wildlife. (8) Upon recommendation by the director, the commission may develop a work plan to eradicate native aquatic species that threaten human health. Priority shall be given to water bodies that the department of health has classified as representing a threat to human health based on the presence of a native aquatic species.
RCW 77.70.240 — Washington Code / Title 77 / Chapter 70 / Section 240
RCW 77.70.240: Ocean pink shrimp—Delivery license—Requirements and criteria—Historical participation.
Status: in_force

An applicant who can show historical participation under RCW 77.70.230 (1) but does not satisfy the continuous participation requirement of RCW 77.70.230 (2) shall be issued an ocean pink shrimp delivery license if: (1) The owner can prove that the owner was in the process on December 31, 1992, of constructing a vessel for the purpose of ocean pink shrimp harvest. For purposes of this section, "construction" means having the keel laid, and "for the purpose of ocean pink shrimp harvest" means the vessel is designed as a trawl vessel. An ocean pink shrimp delivery license issued to a vessel under construction is not renewable after December 31, 1994, unless the vessel lands a total of at least five thousand pounds of ocean pink shrimp into a Washington state port before December 31, 1994; or (2) The applicant's vessel is a replacement for a vessel that is otherwise eligible for an ocean pink shrimp delivery license.
RCW 77.55.101 — Washington Code / Title 77 / Chapter 55 / Section 101
RCW 77.55.101: Environmental excellence program agreements—Effect on chapter.
Status: in_force

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.
RCW 77.12.860 — Washington Code / Title 77 / Chapter 12 / Section 860
RCW 77.12.860: Stamp design—Department's rule-making authority.
Status: in_force

The department is granted the authority to establish by rule the method for selecting appropriate designs for the Washington salmon stamp program and Washington junior salmon stamp program. The stamp shall be designed and produced in accordance with department rules.
RCW 77.32.520 — Washington Code / Title 77 / Chapter 32 / Section 520
RCW 77.32.520: Personal use shellfish and seaweed license—Razor clam license—License available for inspection.
Status: in_force

(1) A personal use shellfish and seaweed license is required for all persons other than residents or nonresidents under 16 years of age to fish for, take, dig for, or possess seaweed or shellfish, including razor clams, for personal use from state waters or offshore waters including national park beaches. (2) A razor clam license allows a person to harvest only razor clams for personal use from state waters, including national park beaches. (3) A personal use shellfish and seaweed license or razor clam license must be in immediate possession of the licensee and available for inspection while a licensee is harvesting shellfish or seaweed. However, the license does not need to be visible at all times.
RCW 77.57.070 — Washington Code / Title 77 / Chapter 57 / Section 070
RCW 77.57.070: Diversion of water—Screen, bypass required.
Status: in_force

(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 the fish guard or screen to the waters of origin. A person who was, on June 11, 1947, otherwise lawfully diverting water from a lake, river, or stream shall not be deemed guilty of a violation of this section. (2) Plans for the fish guard, screen, and bypass shall be approved by the director prior to construction. The installation shall be approved by the director prior to the diversion of water. (3) The director or the director's designee may close a water diversion device operated in violation of this section and keep it closed until it is properly equipped with a fish guard, screen, or bypass.
RCW 77.65.490 — Washington Code / Title 77 / Chapter 65 / Section 490
RCW 77.65.490: Activities requiring license/permit.
Status: in_force

(1) A license issued by the director is required to: (a) Practice taxidermy for commercial purposes; (b) Deal in raw furs for commercial purposes; (c) Act as a fishing guide; or (d) Operate a game farm. (2) A permit issued by the director is required to: (a) Conduct, hold, or sponsor hunting or fishing contests or competitive field trials using live wildlife; (b) Collect wild animals, wild birds, game fish, food fish, shellfish, or protected wildlife for research or display; (c) Stock game fish; or (d) Conduct commercial activities on department-owned or controlled lands. (3) Aquaculture as defined in RCW 15.85.020 is exempt from the requirements of this section, except when being stocked in public waters under contract with the department.
RCW 77.04.150 — Washington Code / Title 77 / Chapter 04 / Section 150
RCW 77.04.150: Hunters and fishers with disabilities—Advisory committee—Composition—Terms—Pilot project—Report to the legislature.
Status: in_force

(1) The commission must appoint an advisory committee to generally represent the interests of hunters and fishers with disabilities on matters including, but not limited to, special hunts, modified sporting equipment, access to public land, and hunting and fishing opportunities. The advisory committee is composed of seven members, each being an individual with a disability. Two additional members, who have demonstrable experience working with disabled persons in a natural resource environment, may be appointed to the advisory committee. The advisory committee members must represent the entire state. The members must be appointed so that each of the six department administrative regions, as they existed on January 1, 2007, are represented with one resident on the advisory committee. One additional member must be appointed at large. The chair of the advisory committee must be a member of the advisory committee and shall be selected by the members of the advisory committee. (2) The members of the advisory committee are appointed for a four-year term. If a vacancy occurs on the advisory committee prior to the expiration of a term, the commission must appoint a replacement within sixty days to complete the term. (3) The advisory committee must meet at least semiannually, and may meet at other times as requested by a majority of the advisory committee members for any express purpose that directly relates to the duties set forth in subsection (1) of this section. A majority of members currently serving on the advisory committee constitutes a quorum. The department must provide staff support for all official advisory committee meetings. (4) Each member of the advisory committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060 . (5) The members of the advisory committee, or individuals acting on their behalf, are immune from civil liability for official acts performed in the course of their duties. (6) At least once every two years, by December 1st, the commission shall present a concise report to the appropriate legislative committees detailing the levels of participation in hunting and fishing by persons with disabilities, and any recommendations to maintain accessibility for persons with disabilities.
RCW 77.70.510 — Washington Code / Title 77 / Chapter 70 / Section 510
RCW 77.70.510: Washington-coastal spot shrimp pot fishery license.
Status: in_force

(1) A Washington-coastal spot shrimp pot fishery license: (a) May only be issued to a natural person who held a coastal spot shrimp experimental emerging commercial fishery license and coastal spot shrimp fishery permit in 2010 or had the license transferred to him or her, under RCW 77.65.020 and 77.65.040 , by a person who held a coastal spot shrimp experimental emerging commercial fishery license and coastal spot shrimp fishery permit in 2010; (b) Must be renewed annually by December 31st of the calendar year to remain active; and (c) Subject to the restrictions of subsection (7) of this section and to RCW 77.65.020 and 77.65.040 , is transferable to a natural person beginning January 1, 2012. (2) When a person fails to obtain a Washington-coastal spot shrimp pot fishery license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended. (3) The annual fee for a Washington-coastal spot shrimp pot fishery license is as specified in RCW 77.65.220 . (4) Beginning in 2013, after taking into consideration the status of the coastal spot shrimp population, the market for spot shrimp, and the number of active fishers, both nontreaty and treaty, the director may issue a Washington-coastal spot shrimp pot fishery license to a natural person if the issuance would not raise the number of active spot shrimp pot fishery licenses to more than eight. (5) Beginning 2012, a Washington-coastal spot shrimp pot fishery license holder is prohibited from designating, on the Washington-coastal spot shrimp pot fishery license: (a) A vessel whose surveyed length overall is more than ten feet longer than the surveyed length overall of the vessel designated on the licensee's coastal spot shrimp experimental emerging commercial fishery license as of March 31, 2003; and (b) A vessel whose surveyed length overall exceeds ninety feet. (6) In the event the Washington-coastal spot shrimp pot fishery license is transferred by sale, lease, inheritance, or lottery, and pursuant to subsection (4) of this section, the vessel length restriction associated with that license must remain attached to the license. (7) A natural person may not own or hold an ownership interest in more than one Washington-coastal spot shrimp pot fishery license at a time. (8) Only a person who owns or is designated as an operator of the vessel designated on the license may hold a Washington-coastal spot shrimp pot fishery license. (9) Nothing in this section: (a) Requires the commission to open a commercial coastal spot shrimp fishery in any given year; (b) Prohibits the commission from closing or limiting an opened commercial coastal spot shrimp fishery for any reason; or (c) Confers any right of compensation to the holder of a Washington-coastal spot shrimp pot fishery license if the license is revoked, limited, or modified by the legislature. (10) Issuance of a Washington-coastal spot shrimp pot fishery license does not create, and may not be construed to create, any right, title, or interest in the coastal spot shrimp resource. (11) The legislature recognizes that Washington-coastal spot shrimp pot fishery licenses may be revoked by future legislatures if the fishery is found to have jeopardized the sustainability of the coastal spot shrimp resource or the marine ecosystem.
RCW 77.15.780 — Washington Code / Title 77 / Chapter 15 / Section 780
RCW 77.15.780: Disposition of judicially forfeited seized property.
Status: in_force

When seized property, other than fish, shellfish, and wildlife, is judicially forfeited to the department, the department may: (1) Retain it for official use unless the property is required to be destroyed; (2) upon application by any law enforcement agency of the state, release the property to the agency for use in enforcing this title; (3) donate the property as provided under RCW 77.130.060 ; or (4) sell the property and deposit the proceeds into the fish and wildlife enforcement reward account created in RCW 77.15.425 . Any sale of the property must be done in accordance with RCW 77.130.010 (1) and 77.130.020 . However, the requirement in those sections for notice to owners does not apply.
RCW 77.65.060 — Washington Code / Title 77 / Chapter 65 / Section 060
RCW 77.65.060: No commercial fishery during year—License requirement waived or license fees refunded.
Status: in_force

If, for any reason, the department does not allow any opportunity for a commercial fishery during a calendar year, the director shall either: (1) Waive the requirement to obtain a license for that commercial fishery for that year; or (2) refund applicable license fees upon return of the license.
RCW 77.04.140 — Washington Code / Title 77 / Chapter 04 / Section 140
RCW 77.04.140: Unofficial printings of laws or rules—Approval required.
Status: in_force

Provisions of this title or rules of the commission shall not be printed in a pamphlet unless the pamphlet is clearly marked as an unofficial version. This section does not apply to printings approved by the commission.
RCW 77.32.320 — Washington Code / Title 77 / Chapter 32 / Section 320
RCW 77.32.320: Required licenses, tags—Transport tags for game.
Status: in_force

(1) The correct licenses and tags are required to hunt deer, elk, black bear, cougar, sheep, mountain goat, moose, or wild turkey except as provided in RCW 77.32.450 . (2) Persons who kill deer, elk, bear, cougar, mountain goat, sheep, moose, or wild turkey shall immediately validate and attach their own transport tag to the carcass as provided by rule of the director.
RCW 77.70.150 — Washington Code / Title 77 / Chapter 70 / Section 150
RCW 77.70.150: Sea urchin dive fishery license—Limitation on issuance—Transfer of license—Issuance of new licenses.
Status: in_force

(1) A sea urchin dive fishery license is required to take sea urchins for commercial purposes. A sea urchin dive fishery license authorizes the use of only one diver in the water at any time during sea urchin harvest operations. If the same vessel has been designated on two sea urchin dive fishery licenses, two divers may be in the water. A natural person may not hold more than two sea urchin dive fishery licenses. (2) Except as provided in subsection (5) of this section, the director shall issue no new sea urchin dive fishery licenses. For licenses issued for the year 2000 and thereafter, the director shall renew existing licenses only to a natural person who held the license at the end of the previous year. If a sea urchin dive fishery license is not held by a natural person as of December 31, 1999, it is not renewable. However, if the license is not held because of revocation or suspension of licensing privileges, the director shall renew the license in the name of a natural person at the end of the revocation or suspension if the license holder applies for renewal of the license before the end of the year in which the revocation or suspension ends. (3) Where a licensee failed to obtain the license during the previous year because of a license suspension or revocation by the director or the court, the licensee may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible. (4) Sea urchin dive fishery licenses are transferable subject to the fees and restrictions in RCW 77.65.020 (2). (5) If fewer than twenty natural persons are eligible for sea urchin dive fishery licenses, the director may accept applications for new licenses. The additional licenses may not cause more than twenty natural persons to be eligible for a sea urchin dive fishery license. New licenses issued under this section shall be distributed according to rules of the department that recover the value of such licensed privilege.
RCW 77.115.030 — Washington Code / Title 77 / Chapter 115 / Section 030
RCW 77.115.030: Consultation required—Agreements for diagnostic field services authorized—Roster of biologists.
Status: in_force

(1) The director shall consult regarding the disease inspection and control program established under RCW 77.115.010 with federal agencies and Indian tribes to assure protection of state, federal, and tribal aquatic resources and to protect private sector cultured aquatic products from disease that could originate from waters or facilities managed by those agencies. (2) With regard to the program, the director may enter into contracts or interagency agreements for diagnostic field services with government agencies and institutions of higher education and private industry. (3) The director shall provide for the creation and distribution of a roster of biologists having a specialty in the diagnosis or treatment of diseases of fish or shellfish. The director shall adopt rules specifying the qualifications which a person must have in order to be placed on the roster. (4) The department must implement this section consistent with RCW 77.125.050 .
RCW 77.65.150 — Washington Code / Title 77 / Chapter 65 / Section 150
RCW 77.65.150: Licenses and permits—Fees—"Charter boat" defined—Oregon charter boats—Salmon charter license renewal.
Status: in_force

(1) The licenses and permits and their annual license fees, application fees, and surcharges are: License or Permit Annual Fee (RCW 77.95.090 Surcharge) (RCW 77.12.702 Surcharge) Appli-cation Fee Governing Section Resident Nonresident (a) Non-salmon charter $375 (plus $35 for RCW 77.12.702 Surcharge) $760 (plus $35 for RCW 77.12.702 Surcharge) $ 70 (b) Salmon charter $460 (plus $100) (plus $35 for RCW 77.12.702 Surcharge) $845 (plus $100) (plus $35 for RCW 77.12.702 Surcharge) $105 RCW 77.70.050 (c) Salmon angler $ 0 $ 0 $ 0 RCW 77.70.060 (2) A salmon charter license designating a vessel is required to operate a charter boat from which persons may, for a fee, fish for salmon, other fish, and shellfish. The director may issue a salmon charter license only to a person who meets the qualifications of RCW 77.70.050 . (3) A nonsalmon charter license designating a vessel is required to operate a charter boat from which persons may, for a fee, fish for shellfish and fish other than salmon or albacore tuna. (4)(a) "Charter boat" means a vessel from which persons may, for a fee, fish for food fish or shellfish for personal use in those state waters set forth in (b) of this subsection. "Charter boat" also means a vessel from which persons may, for a fee, fish for fish or shellfish for personal use in offshore waters or in the waters of other states. The director may specify by rule when a vessel is a "charter boat" within this definition. (b) A person may not operate a vessel from which persons may, for a fee, fish for food fish or shellfish in Puget Sound, Grays Harbor, Willapa Bay, Pacific Ocean waters, Lake Washington, or the Columbia river below the bridge at Longview unless the vessel is designated on a charter boat license. (5) A charter boat licensed in Oregon may fish without a Washington charter license under the same rules as Washington charter boat operators in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point, as long as the Oregon vessel does not take on or discharge passengers for any purpose from any Washington port, the Washington shore, or a dock, landing, or other point in Washington. The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations. (6) A salmon charter license under subsection (1)(b) of this section may be renewed if the license holder notifies the department by May 1st of that year that he or she will not participate in the fishery during that calendar year. The license holder must pay the one hundred dollar enhancement surcharge, a thirty-five dollar surcharge to be deposited in the rockfish research account created in RCW 77.12.702 , plus a one hundred five dollar application fee, in order to be considered a valid renewal and eligible to renew the license the following year.
RCW 77.55.031 — Washington Code / Title 77 / Chapter 55 / Section 031
RCW 77.55.031: Driving across established ford.
Status: in_force

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.
RCW 77.44.030 — Washington Code / Title 77 / Chapter 44 / Section 030
RCW 77.44.030: Freshwater, combination fishing license—Disposition of fee.
Status: in_force

(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 fish account shall be used for enhancement of largemouth bass, smallmouth bass, walleye, black crappie, white crappie, channel catfish, and tiger musky.
RCW 77.70.120 — Washington Code / Title 77 / Chapter 70 / Section 120
RCW 77.70.120: Herring fishery license—Limitations on issuance.
Status: in_force

(1) A person shall not fish commercially for herring in state waters without a herring fishery license. As used in this section, "herring fishery license" means any of the following commercial fishery licenses issued under RCW 77.65.200 : Herring dip bag net; herring drag seine; herring gill net; herring lampara; herring purse seine. (2) Except as provided in this section, a herring fishery license may be issued only to a person who held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person. (3) Herring fishery licenses may be renewed each year. A herring fishery license that is not renewed each year shall not be renewed further. (4) The director may issue additional herring fishery licenses if the stocks of herring will not be jeopardized by granting additional licenses. (5) Subject to the restrictions of RCW 77.65.020 , herring fishery licenses are transferable from one license holder to another.
RCW 77.04.020 — Washington Code / Title 77 / Chapter 04 / Section 020
RCW 77.04.020: Composition of department—Powers and duties.
Status: in_force

The department consists of the state fish and wildlife commission and the director. The commission may delegate to the director any of the powers and duties vested in the commission.
RCW 77.55.081 — Washington Code / Title 77 / Chapter 55 / Section 081
RCW 77.55.081: Removal or control of aquatic noxious weeds—Rules—Pamphlet.
Status: in_force

(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 adoption of the rules, the department shall produce and distribute a pamphlet describing the methods of removing or controlling the aquatic noxious weeds that are approved under the rules. The pamphlet serves as the permit for any project that is conducted solely for the removal or control of such aquatic noxious weeds and that is conducted as described in the pamphlet. No further permit is required for such a project. (2) From time to time as information becomes available, the department shall adopt similar rules for additional aquatic noxious weeds or additional activities for removing or controlling aquatic noxious weeds not governed by RCW 77.55.051 (1) and (2) and shall produce and distribute one or more pamphlets describing these methods of removal or control. Such a pamphlet serves as the permit for any project that is conducted solely for the removal or control of such aquatic noxious weeds and that is conducted as described in the pamphlet. No further permit is required for such a project. (3) Nothing in this section shall prohibit the department from requiring a permit for those parts of hydraulic projects that are not specifically for the control or removal of spartina, purple loosestrife, or other aquatic noxious weeds.
RCW 77.70.005 — Washington Code / Title 77 / Chapter 70 / Section 005
RCW 77.70.005: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter and related rules adopted by the department unless the context clearly requires otherwise. (1) "Deliver" or "delivery" means arrival at a place or port, and includes arrivals from offshore waters to waters within the state and arrivals ashore from offshore waters. (2) "Nonspot shrimp" means a species complex composed of the following species of pandalid shrimp including Dock shrimp ( Pandalus danae ), coonstripe shrimp ( Pandalus hypsinotus ), humpy shrimp ( Pandalus goniurus ), ocean pink shrimp ( Pandalus jordani ), pink shrimp ( Pandalus eous ), and side stripe shrimp ( Pandalus ( Pandalopsis ) dispar ). (3) "Pacific sardine" and "pilchard" means the species Sardinops sagax . (4) "Spot shrimp" means the species Pandalus platyceros .
RCW 77.135.090 — Washington Code / Title 77 / Chapter 135 / Section 090
RCW 77.135.090: Emergency measures.
Status: in_force

(1) If the director finds that there exists an imminent danger of a prohibited level 1 or level 2 species detection that seriously endangers or threatens the environment, economy, human health, or well-being of the state of Washington, the director must ask the governor to order, under RCW 43.06.010 (14), emergency measures to prevent or abate the prohibited species. The director's findings must contain an evaluation of the effect of the emergency measures on environmental factors such as fish listed under the endangered species act, economic factors such as public and private access, human health factors such as water quality, or well-being factors such as cultural resources. (2) If an emergency is declared pursuant to RCW 43.06.010 (14), the director may consult with the invasive species council to advise the governor on emergency measures necessary under RCW 43.06.010 (14) and this section, and make subsequent recommendations to the governor. The invasive species council must involve owners of the affected water body or property, state and local governments, federal agencies, tribes, public health interests, technical service providers, and environmental organizations, as appropriate. (3) Upon the governor's approval of emergency measures, the director may implement these measures to prevent, contain, control, or eradicate invasive species that are the subject of the emergency order, notwithstanding the provisions of chapter 15.58 or 17.21 RCW or any other statute. These measures, after evaluation of all other alternatives, may include the surface and aerial application of pesticides. (4) The director must continually evaluate the effects of the emergency measures and report these to the governor at intervals of not less than ten days. The director must immediately advise the governor if the director finds that the emergency no longer exists or if certain emergency measures should be discontinued.
RCW 77.15.420 — Washington Code / Title 77 / Chapter 15 / Section 420
RCW 77.15.420: Illegally taken or possessed wildlife—Criminal wildlife penalty assessed.
Status: in_force

(1) If an adult offender is convicted of violating RCW 77.15.410 and that violation results in the death of wildlife listed in this section, the court shall require payment of the following amounts for each animal taken or possessed. This shall be a criminal wildlife penalty assessment that shall be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425 . (a) Moose, mountain sheep, mountain goat, and all wildlife species classified as endangered by rule of the commission, except for mountain caribou and grizzly bear as listed under (d) of this subsection. . . . $4,000 (b) Elk, deer, black bear, and cougar. . . . $2,000 (c) Trophy animal elk and deer. . . . $6,000 (d) Mountain caribou, grizzly bear, and trophy animal mountain sheep. . . . $12,000 (2)(a) For the purpose of this section a "trophy animal" is: (i) A buck deer with four or more antler points on both sides, not including eyeguards; (ii) A bull elk with five or more antler points on both sides, not including eyeguards; or (iii) A mountain sheep with a horn curl of three-quarter curl or greater. (b) For purposes of this subsection, "eyeguard" means an antler protrusion on the main beam of the antler closest to the eye of the animal. (3) If two or more persons are convicted of illegally possessing wildlife in subsection (1) of this section, the criminal wildlife penalty assessment shall be imposed on them jointly and severally. (4) The criminal wildlife penalty assessment shall be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this title. The criminal wildlife penalty assessment shall be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect. This section may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil. (5) A defaulted criminal wildlife penalty assessment may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence. (6) A person assessed a criminal wildlife penalty assessment under this section shall have his or her hunting license revoked and all hunting privileges suspended until the penalty assessment is paid through the registry of the court in which the penalty assessment was assessed. This revocation and suspension is in addition to and runs concurrently with any revocation and suspension required by law. (7) The criminal wildlife penalty assessments provided in subsection (1) of this section shall be doubled in the following instances: (a) When a person is convicted of spotlighting big game under RCW 77.15.450 ; (b) When a person commits a violation that requires payment of a wildlife penalty assessment within five years of a prior gross misdemeanor or felony conviction under this title; (c) When the trier of fact determines that the person took or possessed the animal in question with the intent of bartering, selling, or otherwise deriving economic profit from the animal or the animal's parts; or (d) When the trier of fact determines that the person took the animal under the supervision of a licensed guide.