RCW 77.120.030 — Washington Code / Title 77 / Chapter 120 / Section 030
RCW 77.120.030: Authorized ballast water discharge—Adoption of standards by rule.
Status: in_force

(1) The owner or operator in charge of any vessel covered by this chapter is required to ensure that the vessel under their ownership or control does not discharge ballast water into the waters of the state except as authorized by this section. (2) Discharge of ballast water into waters of the state is authorized only if there has been an open sea exchange, or if the vessel has treated its ballast water, to meet standards set by the department consistent with applicable state and federal laws. (3) The department, in consultation with a collaborative forum, shall adopt by rule standards for the discharge of ballast water into the waters of the state and their implementation timelines. The standards are intended to ensure that the discharge of ballast water poses minimal risk of introducing nonindigenous species. In developing these standards, the department shall consider the extent to which the requirement is technologically and practically feasible. Where practical and appropriate, the standards must be compatible with standards set by the United States coast guard, the federal clean water act (33 U.S.C. Sec. 1251-1387), or the international maritime organization. (4) The master, operator, or person in charge of a vessel is not required to conduct an open sea exchange or treatment of ballast water if the master, operator, or person in charge of a vessel determines that the operation would threaten the safety of the vessel, its crew, or its passengers, because of adverse weather, vessel design limitations, equipment failure, or any other extraordinary conditions. A master, operator, or person in charge of a vessel who relies on this exemption must file documentation defined by the department, subject to: (a) Payment of a fee not to exceed five thousand dollars; (b) discharging only the minimal amount of ballast water operationally necessary; (c) ensuring that ballast water records accurately reflect any reasons for not complying with the mandatory requirements; and (d) any other requirements identified by the department by rule as provided in subsections (3) and (6) of this section. (5) For treatment technologies requiring shipyard modification, the department may enter into a compliance plan with the vessel owner. The compliance plan must include a timeline consistent with drydock and shipyard schedules for completion of the modification. The department shall adopt rules for compliance plans under this subsection. (6) For an exemption claimed in subsection (4) of this section, the department shall adopt rules for defining exemption conditions, requirements, compliance plans, or alternative ballast water management strategies to meet the intent of this section. (7) The department shall make every effort to align ballast water standards with adopted international and federal standards while ensuring that the goals of this chapter are met. (8) The requirements of this section do not apply to a vessel discharging ballast water or sediments that originated solely within the waters of Washington, the Columbia river system, or the internal waters of British Columbia south of latitude fifty degrees north, including the waters of the Straits of Georgia and Juan de Fuca. (9) Open sea exchange is 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.
RCW 77.36.200 — Washington Code / Title 77 / Chapter 36 / Section 200
RCW 77.36.200: Wolf-livestock conflict—Staff resources in Ferry and Stevens counties.
Status: in_force

The department shall maintain sufficient staff resources in Ferry and Stevens counties for response to wolf-livestock conflict on an ongoing basis and for coordination with livestock producers on the continued implementation of proactive nonlethal deterrents.
RCW 77.95.290 — Washington Code / Title 77 / Chapter 95 / Section 290
RCW 77.95.290: Chinook and coho salmon—External marking of hatchery-produced fish—Program.
Status: in_force

The department shall mark appropriate coho salmon that are released from department operated hatcheries and rearing ponds in such a manner that the fish are externally recognizable as hatchery origin salmon by fishers for the purpose of maximized catch while sustaining wild and hatchery reproduction. The department shall mark all appropriate chinook salmon targeted for contribution to the Washington catch that are released from department operated hatcheries and rearing ponds in such a manner that the fish are externally recognizable as hatchery origin salmon by fishers. The goal of the marking program is: (1) The annual marking by June 30, 1997, of all appropriate hatchery origin coho salmon produced by the department with marking to begin with the 1994 Puget Sound coho brood; and (2) the annual marking by June 30, 1999, of all appropriate hatchery origin chinook salmon produced by the department with marking to begin with the 1998 chinook brood. The department may experiment with different methods for marking hatchery salmon with the primary objective of maximum survival of hatchery marked fish, maximum contribution to fisheries, and minimum cost consistent with the other goals. The department shall coordinate with other entities that are producing hatchery chinook and coho salmon for release into public waters to enable the broadest application of the marking program to all hatchery produced chinook and coho salmon. The department shall work with the treaty Indian tribes in order to reach mutual agreement on the implementation of the mass marking program. The ultimate goal of the program is the coast-wide marking of appropriate hatchery origin chinook and coho salmon, and the protection of all wild chinook and coho salmon, where appropriate.
RCW 77.32.575 — Washington Code / Title 77 / Chapter 32 / Section 575
RCW 77.32.575: Western Washington pheasant license.
Status: in_force

(1) A western Washington pheasant license is required to hunt for pheasant in western Washington. (2) The license is available as a season option, a youth full season option, or a three-day option.
RCW 77.120.130 — Washington Code / Title 77 / Chapter 120 / Section 130
RCW 77.120.130: Department's authority to enter into partnerships, contracts, or other agreements.
Status: in_force

The department may enter into partnerships, contracts, or any other form of agreements with other entities to carry out the intent of this chapter. The department shall ensure that any such entity is registered and licensed to do business in Washington. All agreements must be consistent with existing state laws, agency rules, state water quality standards, and collective bargaining agreements.
RCW 77.120.070 — Washington Code / Title 77 / Chapter 120 / Section 070
RCW 77.120.070: Violation of chapter—Penalties—Rules.
Status: in_force

(1) The department may establish by rule schedules for any penalty allowed in this chapter. The schedules may provide for the incremental assessment of a penalty based on criteria established by rule. (2) The director or the director's designee may impose a civil penalty or warning for a violation of the requirements of this chapter on the owner or operator in charge of a vessel who fails to comply with the requirements imposed under this chapter. The penalty shall not exceed twenty-seven thousand five hundred dollars for each day of a continuing violation. In determining the amount of a civil penalty, the department shall set standards by rule that consider if the violation was intentional, negligent, or without any fault, and shall consider the quality and nature of risks created by the violation. The owner or operator subject to such a penalty may contest the determination by requesting an adjudicative proceeding within twenty days. Any determination not timely contested is final and may be reduced to a judgment enforceable in any court with jurisdiction. If the department prevails using any judicial process to collect a penalty under this section, the department shall also be awarded its costs and reasonable attorneys' fees. (3) The department, in cooperation with the United States coast guard, may enforce the requirements of this chapter.
RCW 77.15.260 — Washington Code / Title 77 / Chapter 15 / Section 260
RCW 77.15.260: Unlawful trafficking in fish, shellfish, or wildlife—Penalty.
Status: in_force

(1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree if the person traffics in fish, shellfish, seaweed, or wildlife with a wholesale value of less than $250 and: (a) The fish, shellfish, or wildlife is classified as game, food fish, shellfish, game fish, or protected wildlife and the trafficking is not authorized by statute or department rule; (b) The fish, shellfish, or wildlife is unclassified and the trafficking violates any department rule; or (c) The seaweed is trafficked in violation of any department rule. (2)(a) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the first degree if the person commits the act described by subsection (1) of this section and: (i) The fish, shellfish, or wildlife has a value of two hundred fifty dollars or more; or (ii) The fish, shellfish, or wildlife is designated as an endangered species or deleterious exotic wildlife and such trafficking is not authorized by any statute or department rule. (b) For purposes of this subsection (2), whenever any series of transactions that constitute unlawful trafficking would, when considered separately, constitute unlawful trafficking in the second degree due to the value of the fish, shellfish, or wildlife, and the series of transactions are part of a common scheme or plan, then the transactions may be aggregated in one count and the sum of the value of all the transactions considered when determining the degree of unlawful trafficking involved. (3)(a) Unlawful trafficking in fish, shellfish, or wildlife in the second degree is a class C felony. (b) Unlawful trafficking in fish, shellfish, or wildlife in the first degree is a class B felony.
RCW 77.65.120 — Washington Code / Title 77 / Chapter 65 / Section 120
RCW 77.65.120: Sale or delivery of fish or shellfish by fishery license holder and alternate operators—Conditions—License with a limited fish seller endorsement.
Status: in_force

(1) Only the fishery license holder and any alternate operators designated on the license may sell or deliver fish or shellfish under a commercial fishery license or delivery license. A commercial fishery license or delivery license authorizes no taking or delivery of fish or shellfish unless the license holder or an alternate operator designated on the license is present or aboard the vessel. (2) Only the fishery license holder and any alternate operator designated on a license with a limited fish seller endorsement under RCW 77.65.510 may sell the licensee's commercially harvested catch directly to consumers at retail.
RCW 77.15.390 — Washington Code / Title 77 / Chapter 15 / Section 390
RCW 77.15.390: Seaweed—Unlawful taking—Penalty.
Status: in_force

(1) A person is guilty of unlawful taking of seaweed if the person takes or possesses seaweed and: (a) The person has not purchased a personal use shellfish and seaweed license issued to Washington residents or nonresidents under chapter 77.32 RCW; or (b) The person takes or possesses seaweed in an amount that is two times or more of the daily possession limit of seaweed. (2) Unlawful taking of seaweed is a misdemeanor. This does not affect rights of the state to recover civilly for trespass, conversion, or theft of state-owned valuable materials.
RCW 77.65.570 — Washington Code / Title 77 / Chapter 65 / Section 570
RCW 77.65.570: Suspension of charter boat, food fish guide, or game fish guide license—Appeal.
Status: in_force

(1) In addition to other license suspension provisions provided in this title, the department may suspend a charter boat license, food fish guide license, or game fish guide license if, within a twelve-month period, a person is convicted of two or more violations of any rule of the commission or director regarding seasons, bag limits, species, size, sex, or other possession restrictions while engaged in charter boat, food fish guide, or game fish guide activities. The department may suspend only the specific type of license or licenses related to the activity or activities for which the person is convicted. (2) A person who has a food fish guide or game fish guide license suspended under this section may file an appeal with the department pursuant to chapter 34.05 RCW. An appeal must be filed within twenty days of notice of license suspension. If a timely appeal is filed, the suspension issued by the department does not take effect until twenty-one days after the department has delivered an opinion affirming the suspension. If no appeal is filed within twenty days of notice of license suspension, the right to an appeal is waived, and the suspension takes effect twenty-one days following the notice of suspension. (3) License suspension under this section is in addition to any statutory penalties assigned to the underlying violation.
RCW 77.15.670 — Washington Code / Title 77 / Chapter 15 / Section 670
RCW 77.15.670: Suspension of department privileges—Violation—Penalty—Violations of child support-based suspensions.
Status: in_force

(1) A person is guilty of violating a suspension of department privileges in the second degree if the person engages in any activity that is licensed by the department and the person's privileges to engage in that activity were revoked or suspended by any court or the department. (2) A person is guilty of violating a suspension of department privileges in the first degree if the person commits the act described by subsection (1) of this section and: (a) The suspension of privileges that was violated was a permanent suspension; (b) The person takes or possesses more than two hundred fifty dollars' worth of unlawfully taken food fish, wildlife, game fish, seaweed, or shellfish; or (c) The violation involves the hunting, taking, or possession of fish or wildlife classified as endangered or threatened or big game. (3)(a) Violating a suspension of department privileges in the second degree is a gross misdemeanor. Except for violations of child support-based suspensions, which are covered in (c) of this subsection, a conviction under this subsection requires the department to order a permanent suspension of the person's privileges to engage in the hunting or fishing activities that he or she was engaged in when he or she violated a suspension of department privileges in the second degree. (b) Violating a suspension of department privileges in the first degree is a class C felony. Except for violations of child support-based suspensions, which are covered in (c) of this subsection, a conviction under this subsection requires the department to order a permanent suspension of all of the person's privileges to hunt, fish, trap, or take wildlife, food fish, game fish, or shellfish. (c) Suspension periods for violations of child support-based suspensions are as follows: (i) If the suspension that the person violated in the second degree was based on noncompliance with child support and was ordered under RCW 74.20A.322 or 77.32.014 , then the department must order a suspension of all of the person's privileges to hunt, fish, trap, or take wildlife, food fish, game fish, or shellfish for a period of two years. This suspension is in addition to any suspension required by the statute for the underlying fish or wildlife violation. (ii) If the suspension that the person violated in the first degree was based on noncompliance with child support and was ordered under RCW 74.20A.322 or 77.32.014 , then the department must order a suspension of all of the person's privileges to hunt, fish, trap, or take wildlife, food fish, game fish, or shellfish for a period of four years. This suspension is in addition to any suspension required by the statute for the underlying fish or wildlife violation. (iii) Suspensions pursuant to (c)(i) and (ii) of this subsection do not affect any underlying hunting and fishing privilege suspensions based on noncompliance with child support and ordered under RCW 74.20A.322 or 77.32.014 . If a person who is suspended pursuant to (c)(i) and (ii) of this subsection completes the period of suspension ordered under this section but is still suspended for child support noncompliance, the person is prohibited from hunting, fishing, or engaging in any activity regulated by the department until he or she obtains a release from the department of social and health services and provides a copy of the release to the department. (4) As used in this section, hunting includes trapping with a trapping license.
RCW 77.120.005 — Washington Code / Title 77 / Chapter 120 / Section 005
RCW 77.120.005: Findings.
Status: in_force

The legislature finds that some nonindigenous species have the potential to cause economic and environmental damage to the state and that current efforts to stop the introduction of nonindigenous species from shipping vessels do not adequately reduce the risk of new introductions into Washington waters. The legislature recognizes the international ramifications and the rapidly changing dimensions of this issue, the lack of currently available treatment technologies, and the difficulty that any one state has in either legally or practically managing this issue. Recognizing the possible limits of state jurisdiction over international issues, the state declares its support for the international maritime organization and United States coast guard efforts, and the state intends to complement, to the extent its powers allow it, the United States coast guard's ballast water management program.
RCW 77.12.745 — Washington Code / Title 77 / Chapter 12 / Section 745
RCW 77.12.745: Columbia river salmon and steelhead endorsement.
Status: in_force

(1) In addition to a recreational license required under this chapter, a Columbia river salmon and steelhead endorsement is required in order for any person 15 years of age or older to fish recreationally for salmon or steelhead in the Columbia river and its tributaries where these fisheries have been authorized by the department. The cost for each endorsement is $7.50 for residents and nonresidents and $6 for youth and seniors. The department shall deposit all receipts from endorsement purchases into the Columbia river recreational salmon and steelhead endorsement program account created in RCW 77.12.742 . (2) For the purposes of this section and RCW 77.12.742 , the term "Columbia river" means the Columbia river from a line across the Columbia river between Rocky Point in Washington and Tongue Point in Oregon to the Chief Joseph dam. (3) This section expires January 1, 2028.
RCW 77.85.010 — Washington Code / Title 77 / Chapter 85 / Section 010
RCW 77.85.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately. (2) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects. (3) "Habitat project list" is the list of projects resulting from the critical pathways methodology under RCW 77.85.060 (2). Each project on the list must have a written agreement from the landowner on whose land the project will be implemented. Projects include habitat restoration projects, habitat protection projects, habitat projects that improve water quality, habitat projects that protect water quality, habitat-related mitigation projects, and habitat project maintenance and monitoring activities. (4) "Habitat work schedule" means those projects from the habitat project list that will be implemented during the current funding cycle. The schedule shall also include a list of the entities and individuals implementing projects, the start date, duration, estimated date of completion, estimated cost, and funding sources for the projects. (5) "Limiting factors" means conditions that limit the ability of habitat to fully sustain populations of salmon. These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and wetlands. (6) "Project sponsor" is a county, city, special district, tribal government, state agency, a combination of such governments through interlocal or interagency agreements, a nonprofit organization, regional fisheries enhancement group, or one or more private citizens. A project sponsored by a state agency may be funded by the board only if it is included on the habitat project list submitted by the lead entity for that area and the state agency has a local partner that would otherwise qualify as a project sponsor. (7) "Regional recovery organization" or "regional salmon recovery organization" means an entity formed under RCW 77.85.090 for the purpose of recovering salmon, which is recognized in statute or by the governor's salmon recovery office created in RCW 77.85.030 . (8) "Salmon" includes all species of the family Salmonidae which are capable of self-sustaining, natural production. (9) "Salmon recovery plan" means a state or regional plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline. (10) "Salmon recovery region" means geographic areas of the state identified or formed under RCW 77.85.090 that encompass groups of watersheds in the state with common stocks of salmon identified for recovery activities, and that generally are consistent with the geographic areas within the state identified by the national oceanic and atmospheric administration or the United States fish and wildlife service for activities under the federal endangered species act. (11) "Salmon recovery strategy" means the strategy adopted under RCW 77.85.150 and includes the compilation of all subbasin and regional salmon recovery plans developed in response to a proposed or actual listing under the federal endangered species act with state hatchery, harvest, and hydropower plans compiled in accordance with RCW 77.85.150 . (12) "Tribe" or "tribes" means federally recognized Indian tribes. (13) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it existed on January 1, 1997. (14) "Owner" means the person holding title to the land or the person under contract with the owner to lease or manage the legal owner's property.
RCW 77.12.264 — Washington Code / Title 77 / Chapter 12 / Section 264
RCW 77.12.264: Fish and wildlife officers—Relieved from active duty when injured—Compensation.
Status: in_force

The director shall relieve from active duty fish and wildlife officers who are injured in the performance of their official duties to such an extent as to be incapable of active service. While relieved from active duty, the employees shall receive one-half of their salary less any compensation received through the provisions of RCW 41.26.470 , 41.40.200 , 41.40.220 , and 77.12.262 .
RCW 77.135.230 — Washington Code / Title 77 / Chapter 135 / Section 230
RCW 77.135.230: Aquatic invasive species prevention permit—Fee—Exempt vessels.
Status: in_force

(1) Washington state aquatic invasive species prevention permits are valid for one year beginning from the date that the permit is marked for activation unless otherwise directed by the department. The permits must be made available for purchase throughout the year through the department's automated licensing system consistent with RCW 77.32.050 . (2) The aquatic invasive species prevention permit fee for a nonresident registered vessel or seaplane as required under RCW 77.135.210 is twenty dollars. (3) The aquatic invasive species prevention permit fee for a person commercially transporting a small vessel, registered vessel, seaplane, or commercial vessel as required under RCW 77.135.220 is twenty dollars. (4) The department may adopt rules addressing conditions and costs of obtaining duplicate aquatic invasive species prevention permits. (5) Permit fees collected under this section must be deposited into the aquatic invasive species management account created in RCW 77.135.200 . (6) Exemptions for aquatic invasive species prevention permits include: (a) A military vessel or seaplane owned by the United States government; and (b) A vessel clearly identified as being owned by any federal, tribal, state, or local government agency or other public corporations, and used primarily for governmental purposes. (7)(a) The following nonresident aquatic conveyances are exempt from aquatic invasive species prevention permit requirements under this section while placed or operated on shared boundary waters of the state: (i) Vessels having valid state of Idaho or Oregon registration or numbering; and (ii) Seaplanes or commercial vessels having a valid Idaho or Oregon aquatic invasive species prevention or similar permit. (b) The department may adopt by rule a regional reciprocity process to further exempt aquatic conveyances from permit requirements under this section in part or whole. A reciprocity system may be implemented only where the participating state or country does not require a Washington resident to purchase an equivalent permit.
RCW 77.36.010 — Washington Code / Title 77 / Chapter 36 / Section 010
RCW 77.36.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Claim" means an application to the department for compensation under this chapter. (2) "Commercial crop" means a horticultural or agricultural product, including the growing or harvested product. For the purposes of this chapter all parts of horticultural trees shall be considered a commercial crop and shall be eligible for claims. (3) "Compensation" means a cash payment, materials, or service. (4) "Damage" means economic losses caused by wildlife interactions. (5) "Immediate family member" means spouse, state registered domestic partner, brother, sister, grandparent, parent, child, or grandchild. (6) "Livestock" means cattle, sheep, and horses. (7) "Owner" means a person who has a legal right to commercial crops, livestock, or other property that was damaged during a wildlife interaction. (8) "Wildlife interaction" means the negative interaction and the resultant damage between wildlife and commercial crops, livestock, or other property.
RCW 77.65.190 — Washington Code / Title 77 / Chapter 65 / Section 190
RCW 77.65.190: Emergency salmon delivery license—Fees—Nontransferable, nonrenewable.
Status: in_force

A person who does not qualify for a license under RCW 77.70.090 shall obtain a nontransferable emergency salmon delivery license to make one delivery from a commercial fishing vessel of salmon taken for commercial purposes in offshore waters. As used in this section, "delivery" means arrival at a place or port, and include arrivals from offshore waters to waters within the state and arrivals ashore from offshore waters. The director shall not issue an emergency salmon delivery license unless, as determined by the director, a bona fide emergency exists. The license fee is two hundred seventy-five dollars for residents and six hundred sixty dollars for nonresidents. The application fee is one hundred five dollars. An applicant for an emergency salmon delivery license shall designate no more than one vessel that will be used with the license. Alternate operator licenses are not required of persons delivering salmon under an emergency salmon delivery license. Emergency salmon delivery licenses are not renewable.
RCW 77.04.030 — Washington Code / Title 77 / Chapter 04 / Section 030
RCW 77.04.030: Commission—Appointment.
Status: in_force

The fish and wildlife commission consists of nine registered voters of the state. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate three registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a registered voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. Three additional members shall be appointed at large. No two members may be residents of the same county. The legal office of the commission is at the administrative office of the department in Olympia.
RCW 77.135.130 — Washington Code / Title 77 / Chapter 135 / Section 130
RCW 77.135.130: Decontamination order.
Status: in_force

(1) Upon discovery of an aquatic conveyance that carries or contains an aquatic invasive species without department authorization, a permit, or as otherwise provided by rule, a fish and wildlife officer or ex officio fish and wildlife officer may issue a decontamination order: (a) Requiring decontamination at the discovery site, if the situation presents a low risk of aquatic invasive species introduction, and sufficient department resources are available at the discovery site; (b) Prohibiting the launch of the aquatic conveyance in a water body until decontamination is completed and certified, if the situation presents a low risk of aquatic invasive species introduction, and sufficient department resources are not available at the discovery site; (c) Requiring immediate transport of the conveyance to an approved decontamination station, and prohibiting the launch of the conveyance in a water body until decontamination is completed and certified, if the situation presents a moderate risk of aquatic invasive species introduction, and sufficient department resources are not available at the discovery site; or (d) Seizing and transporting the aquatic conveyance to an approved decontamination station until decontamination is completed and certified, if the situation presents a high risk of aquatic invasive species introduction, and sufficient department resources are not available at the discovery site. (2) The person possessing the aquatic conveyance that is subject to orders issued under subsection (1)(b) through (d) of this section must bear any costs for seizure, transportation, or decontamination. (3) Orders issued under subsection (1)(b) through (d) of this section must be in writing and must include notice of the opportunity for a hearing pursuant to RCW 77.135.140 to determine the validity of the orders. (4) If a decontamination order is issued under subsection (1)(d) of this section, the department may seize the aquatic conveyance for two working days or a reasonable additional period of time thereafter as needed to meet decontamination requirements. The decontamination period must be based on factors including conveyance size and complexity, type and number of aquatic invasive species present, and decontamination station resource capacity. (5) If an aquatic conveyance is subject to forfeiture under RCW 77.15.070 , the timelines and other provisions under that section apply to the seizure. (6) Upon decontamination and issuing a certificate of inspection, an aquatic conveyance must be released to the person in possession of the aquatic conveyance at the time the decontamination order was issued, or to the owner of the aquatic conveyance.
RCW 77.125.020 — Washington Code / Title 77 / Chapter 125 / Section 020
RCW 77.125.020: Marine aquatic farming location—Defined.
Status: in_force

For the purposes of this chapter, "marine aquatic farming location" means a complete complex that may be composed of various marine enclosures, net pens, or other rearing vessels, food handling facilities, or other facilities related to the rearing of Atlantic salmon or other finfish in marine waters. A marine aquatic farming location is distinguished from the individual facilities that collectively compose the location.
RCW 77.95.250 — Washington Code / Title 77 / Chapter 95 / Section 250
RCW 77.95.250: State purchase of private salmon smolts—Bids.
Status: in_force

If the director elects to contract with cooperatives or private aquaculturists for the purpose of purchasing quality salmon smolts, contracting shall be done by a competitive bid process. In awarding contracts to private contractors, the director shall give preference to nonprofit corporations. The director shall establish the criteria for the contract, which shall include but not be limited to species, size of smolt, stock composition, quantity, quality, rearing location, release location, and other pertinent factors.
RCW 77.95.010 — Washington Code / Title 77 / Chapter 95 / Section 010
RCW 77.95.010: Legislative findings.
Status: in_force

Currently, many of the salmon stocks of Washington state are critically reduced from their sustainable level. The best interests of all fishing groups and the citizens as a whole are served by a stable and productive salmon resource. Immediate action is needed to reverse the severe decline of the resource and to insure its very survival. The legislature finds a state of emergency exists and that immediate action is required to restore its fishery. Disagreement and strife have dominated the salmon fisheries for many years. Conflicts among the various fishing interests have only served to erode the resource. It is time for the state of Washington to make a major commitment to increasing productivity of the resource and to move forward with an effective rehabilitation and enhancement program. The commission is directed to dedicate its efforts and the efforts of the department to seek resolution to the many conflicts that involve the resource. Success of the enhancement program can only occur if projects efficiently produce salmon or restore habitat. The expectation of the program is to optimize the efficient use of funding on projects that will increase artificially and naturally produced salmon, restore and improve habitat, or identify ways to increase the survival of salmon. The full utilization of state resources and cooperative efforts with interested groups are essential to the success of the program.
RCW 77.15.290 — Washington Code / Title 77 / Chapter 15 / Section 290
RCW 77.15.290: Unlawful transportation of fish or wildlife—Penalty.
Status: in_force

(1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person: (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any department rule governing the transportation or movement of fish, shellfish, or wildlife and the transportation does not involve big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife having a value greater than $250; or (b) Possesses but fails to affix and notch a big game transport tag as required by department rule. (2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person: (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any department rule governing the transportation or movement of fish, shellfish, or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife with a value of $250 or more; or (b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title. (3)(a) Unlawful transportation of fish or wildlife in the second degree is a misdemeanor. (b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor. (4) This section does not apply to invasive species.
RCW 77.135.020 — Washington Code / Title 77 / Chapter 135 / Section 020
RCW 77.135.020: Department is lead agency for managing invasive species—Responsibilities—Limitation of chapter.
Status: in_force

(1) The department is the lead agency for managing invasive species of the animal kingdom statewide. This lead responsibility excludes pests, domesticated animals, or livestock managed by the department of agriculture under Titles 15 , 16 , and 17 RCW, forest invasive insect and disease species managed by the department of natural resources under Title 76 RCW, and mosquito and algae control and shellfish sanitation managed by the department of health under Titles 69 , 70 , and 90 RCW. (2) Subject to the availability of funding for these specific purposes, the department may: (a) Develop and implement integrated invasive species management actions and programs authorized by this chapter, including rapid response, early detection and monitoring, prevention, containment, control, eradication, and enforcement; (b) Establish and maintain an invasive species outreach and education program, in coordination with the Washington invasive species council, that covers public, commercial, and professional pathways and interests; (c) Align management classifications, standards, and enforcement provisions by rule with regional, national, and international standards and enforcement provisions; (d) Manage invasive species to support the preservation of native species, salmon recovery, and the overall protection of threatened or endangered species; (e) Participate in local, state, regional, national, and international efforts regarding invasive species to support the intent of this chapter; (f) Provide technical assistance or other support to tribes, federal agencies, local governments, and private groups to promote an informed public and assist the department in meeting the intent of this chapter; (g) Enter into partnerships, cooperative agreements, and state or interstate compacts as necessary to accomplish the intent of this chapter; (h) Research and develop invasive species management tools, including standard methods for decontaminating aquatic conveyances and controlling or eradicating invasive species from water bodies and properties; (i) Post invasive species signs and information at port districts, privately or publicly owned marinas, state parks, and all boat launches owned or leased by state agencies or political subdivisions; and (j) Adopt rules as needed to implement the provisions of this chapter. (3) The department may delegate selected and clearly identified elements of its authorities and duties to another agency of the state with appropriate expertise or administrative capacity upon cooperative agreement with that agency. This delegation may include provisions of funding for implementation of the delegations. The department retains primary authority and responsibility for all requirements of this chapter unless otherwise directed in this chapter. (4) This chapter does not apply to the possession or introduction of nonnative aquatic animal species by: (a) Ballast water held or discharged by vessels regulated under chapter 77.120 RCW; or (b) Private sector aquaculture operations, transfers, or conveyances regulated under chapter 77.115 RCW. (5) This chapter does not preempt or replace other department species classification systems or other management requirements under this title. However, the department must streamline invasive species requirements under this chapter into existing permits and cooperative agreements as possible.
RCW 77.15.710 — Washington Code / Title 77 / Chapter 15 / Section 710
RCW 77.15.710: Conviction for assault—Revocation of licenses and suspension of privileges.
Status: in_force

(1) The commission shall revoke all hunting, fishing, or other licenses issued under this title and order a ten-year suspension of all privileges extended under the authority of the department of a person convicted of assault on a fish and wildlife officer, ex officio officer, employee, agent, or personnel acting for the department, if the employee assaulted was on duty at the time of the assault and carrying out the provisions of this title. The suspension shall be continued beyond this period if any damages to the victim have not been paid by the suspended person. (2) For the purposes of this section, the definition of assault includes: (a) RCW 9A.32.030 ; murder in the first degree; (b) RCW 9A.32.050 ; murder in the second degree; (c) RCW 9A.32.060 ; manslaughter in the first degree; (d) RCW 9A.32.070 ; manslaughter in the second degree; (e) RCW 9A.36.011 ; assault in the first degree; (f) RCW 9A.36.021 ; assault in the second degree; and (g) RCW 9A.36.031 ; assault in the third degree.
RCW 77.12.820 — Washington Code / Title 77 / Chapter 12 / Section 820
RCW 77.12.820: Eastern Washington pheasant enhancement account—Created—Use of moneys—Report to the legislature.
Status: in_force

The eastern Washington pheasant enhancement account is created in the custody of the state treasurer. All receipts under RCW 77.12.810 must be deposited in the account. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the eastern Washington pheasant enhancement program. The department may use moneys from the account to improve pheasant habitat or to purchase or produce pheasants. The department must continue to release rooster pheasants in eastern Washington. The eastern Washington pheasant enhancement account funds must not be used for the purchase of land. The account may be used to offer grants to improve pheasant habitat on public or private lands that are open to public hunting. The department may enter partnerships with private landowners, nonprofit corporations, cooperative groups, and federal or state agencies for the purposes of pheasant habitat enhancement in areas that will be available for public hunting. The department shall submit an annual report to the appropriate committees of the legislature by December 1st regarding the department's eastern Washington pheasant activities.
RCW 77.70.180 — Washington Code / Title 77 / Chapter 70 / Section 180
RCW 77.70.180: Emerging commercial fishery—License status—Recommendations to legislature—Information included in report.
Status: in_force

(1) Within five years after adopting rules to govern the number and qualifications of participants in an emerging commercial fishery, the director shall provide to the appropriate senate and house of representatives committees a report which outlines the status of the fishery and a recommendation as to whether a separate commercial fishery license, license fee, or limited harvest program should be established for that fishery. (2) For any emerging commercial fishery designated under RCW 77.50.030 , the report must also include: (a) Information on the extent of the program, including to what degree mass marking and supplementation programs have been utilized in areas where emerging commercial fisheries using selective fishing gear have been authorized; (b) Information on the benefit provided to commercial fishers including information on the effectiveness of emerging commercial fisheries using selective fishing gear in providing expanded fishing opportunity within mixed stocks of salmon; (c) Information on the effectiveness of selective fishing gear in minimizing postrelease mortality for nontarget stocks, harvesting fish so that they are not damaged by the gear, and aiding the creation of niche markets; and (d) Information on the department's efforts at operating hatcheries in an experimental fashion by managing wild and hatchery origin fish as a single run as an alternative to mass marking and the utilization of selective fishing gear. The department shall consult with commercial fishers, recreational fishers, federally recognized treaty tribes with a fishing right, regional fisheries enhancement groups, and other affected parties to obtain their input in preparing the report under this subsection (2).
RCW 77.15.530 — Washington Code / Title 77 / Chapter 15 / Section 530
RCW 77.15.530: Unlawful use of a nondesignated vessel—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 nondesignated vessel if the person takes, fishes for, or delivers from that fishery using a vessel not designated on the person's license, when vessel designation is required by chapter 77.65 RCW. (2) Unlawful use of a nondesignated vessel is a gross misdemeanor. (3) A nondesignated vessel may be used, subject to appropriate notification to the department and in accordance with rules established by the commission, when a designated vessel is inoperative because of accidental damage or mechanical breakdown. (4) If the person commits the act described by subsection (1) of this section and the vessel designated on the person's fishery license was used by any person in the fishery on the same day, then the violation for using a nondesignated vessel is a class C felony. Upon conviction the department shall order revocation and suspension of all commercial fishing privileges under chapter 77.65 RCW for a period of one year.
RCW 77.95.100 — Washington Code / Title 77 / Chapter 95 / Section 100
RCW 77.95.100: Regional fisheries enhancement groups—Start-up funds.
Status: in_force

The department may provide start-up funds to regional fisheries enhancement groups for costs associated with any enhancement project. The commission shall develop guidelines for providing funds to the regional fisheries enhancement groups.
RCW 77.55.271 — Washington Code / Title 77 / Chapter 55 / Section 271
RCW 77.55.271: Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required.
Status: in_force

The department shall not require mitigation for sediment dredging or capping actions that result in a cleaner aquatic environment and equal or better habitat functions and values, if the actions are taken under a state or federal cleanup action. This chapter shall not be construed to require habitat mitigation for navigation and maintenance dredging of existing channels and berthing areas.
RCW 77.120.050 — Washington Code / Title 77 / Chapter 120 / Section 050
RCW 77.120.050: Pilot project—Private sector ballast water treatment operation.
Status: in_force

The shipping vessel industry, the public ports, and the department shall promote the creation of a pilot project to establish a private sector ballast water treatment operation that is capable of servicing vessels at all Washington ports. Federal and state agencies and private industries shall be invited to participate. The project will develop equipment or methods to treat ballast water and establish operational methods that do not increase the cost of ballast water treatment at smaller ports. The legislature intends that the cost of treatment required by this chapter is substantially equivalent among large and small ports in Washington.
RCW 77.65.130 — Washington Code / Title 77 / Chapter 65 / Section 130
RCW 77.65.130: Vessel operation—License designation—Alternate operator license required.
Status: in_force

(1) A person who holds a commercial fishery license or a delivery license may operate the vessel designated on the license. A person who is not the license holder may operate the vessel designated on the license only if: (a) The person holds an alternate operator license issued by the director; and (b) The person is designated as an alternate operator on the underlying commercial fishery license or delivery license under RCW 77.65.110 . (2) Only an individual at least sixteen years of age may hold an alternate operator license. (3) No individual may hold more than one alternate operator license. An individual who holds an alternate operator license may be designated as an alternate operator on an unlimited number of commercial fishery licenses or delivery licenses under RCW 77.65.110 . (4) An individual who holds multiple Dungeness crab — Puget Sound fishery licenses issued pursuant to RCW 77.70.110 may operate the licenses on one vessel if the license holder or alternate operator is on the vessel. The department shall allow a license holder to operate up to one hundred crab pots for each license. (5) Two persons owning separate Dungeness crab — Puget Sound fishery licenses may operate their licenses on one vessel if the license holders or their alternate operators are on the vessel. (6) As used in this section, to "operate" means to control the deployment or removal of fishing gear from state waters while aboard a vessel or to operate a vessel delivering food fish or shellfish taken in offshore waters to a port within the state.
RCW 77.15.550 — Washington Code / Title 77 / Chapter 15 / Section 550
RCW 77.15.550: Violation of commercial fishing area or time—Penalty.
Status: in_force

(1) A person is guilty of violating commercial fishing area or time in the second degree if the person acts for commercial purposes and takes, fishes for, possesses, delivers, or receives fish or shellfish: (a) At a time not authorized by statute or rule; (b) From an area that was closed to the taking of such fish or shellfish for commercial purposes by statute or rule; or (c) If such fish or shellfish do not conform to the special restrictions or physical descriptions established by rule of the department. (2) A person is guilty of violating commercial fishing area or time in the first degree if the person commits the act described by subsection (1) of this section and: (a) The person acted with knowledge that the area or time was not open to the taking or fishing of fish or shellfish for commercial purposes; and (b) The violation involved two hundred fifty dollars or more worth of fish or shellfish. (3)(a) Violating commercial fishing area or time in the second degree is a gross misdemeanor. (b) Violating commercial fishing area or time in the first degree is a class C felony.
RCW 77.12.722 — Washington Code / Title 77 / Chapter 12 / Section 722
RCW 77.12.722: Canada goose hunting—Season or bag limit restriction.
Status: in_force

For the purposes of establishing a season or bag limit restriction on Canada goose hunting, the commission shall not consider leg length or bill length of dusky Canada geese (Branta canadensis occidentalis).
RCW 77.70.500 — Washington Code / Title 77 / Chapter 70 / Section 500
RCW 77.70.500: Crab pot removal permit—Shellfish pot removal permit—Rules—Penalty.
Status: in_force

(1)(a) As part of a coastal commercial Dungeness crab pot removal program, the department shall issue a crab pot removal permit that allows the participants in the Dungeness crab-coastal fishery created in RCW 77.70.280 to remove crab pots belonging to state commercial licensed crab fisheries from coastal marine waters after the close of the primary commercial Dungeness crab-coastal harvest season, regardless of whether the crab pot was originally set by the participant or not. (b) Beginning fifteen days after the close of the primary commercial Dungeness crab-coastal harvest season, any individual with a current commercial Dungeness crab-coastal license and a valid crab pot removal permit issued by the department may remove a crab pot or crab pots used to harvest Dungeness crabs remaining in coastal marine waters after the close of the primary commercial Dungeness crab-coastal harvest season. (c) In cooperation with individuals with a current commercial Dungeness crab-coastal license, the department may expand the coastal commercial Dungeness crab pot removal program to those areas closed to commercial Dungeness crab harvest prior to the end of the primary season and during that portion of the coastal Dungeness crab fishery that occurs from May 1st through September 15th. (d) Nothing in this section prohibits the department from exempting certain crab pots from the coastal commercial Dungeness crab pot removal program or from restricting crab pot removal activities to specific geographic areas. (2)(a) The department may expand the crab pot removal program to allow for the removal of shellfish pots belonging to state commercial or recreational licensed shellfish fisheries from Puget Sound waters during shellfish harvest closures, regardless of whether the shellfish pot was originally set by the permittee or not. (b) If the department expands the program to Puget Sound waters, the department shall limit the program as necessary to streamline implementation, minimize the oversight burden on fish and wildlife enforcement officers, minimize interference with lawful fisheries and other user groups, minimize administrative overhead cost, and avoid the collection of shellfish pots that are not abandoned. The program may be limited as deemed appropriate by the department, including limitations on: (i) The number of participants; (ii) The eligible geographic areas in Puget Sound where shellfish pots may be recovered; (iii) The types of shellfish pots that may be recovered; (iv) The maximum or minimum depth where a shellfish pot must be located to be eligible for recovery; and (v) The ports through which the vessels collecting the abandoned shellfish pots may operate. (3) The department may adopt rules to implement subsections (1) and (2) of this section. (4)(a) The following are exempt from complying with the lost and found property provisions in chapter 63.21 RCW: (i) An individual participating in permitted crab pot removal activities in coastal marine waters who has a valid crab pot removal permit, and who adheres to the provisions of the permit as they relate to crab pot removal; and (ii) An individual participating in permitted shellfish pot removal activities in Puget Sound waters who has a valid shellfish pot removal permit and who adheres to the provisions of the permit as they relate to shellfish pot removal. (b) The individual who removes a shellfish pot under a valid crab pot removal permit or a valid shellfish pot removal permit takes the property free and clear of all claims of the owner or previous holder and free and clear of all individuals claiming ownership under the previous owner. (5) A violation of this section, or any rules or permit conditions provided under this section, is punishable as provided in RCW 77.15.750 . (6) Individuals who remove shellfish pots under a valid crab pot removal permit or a valid shellfish pot removal permit in accordance with this section are not subject to permitting under RCW 77.55.021 .
RCW 77.85.140 — Washington Code / Title 77 / Chapter 85 / Section 140
RCW 77.85.140: Habitat project lists—Tracking of funds.
Status: in_force

(1) Habitat project lists shall be submitted to the salmon recovery funding board for funding at least once a year on a schedule established by the board. The board shall provide the legislature with a list of the proposed projects and a list of the projects funded as part of the biennial report required in RCW 77.85.020 . Project sponsors who complete salmon habitat projects approved for funding from habitat project lists and have met grant application deadlines will be paid by the salmon recovery funding board within thirty days of project completion. (2) The recreation and conservation office shall track all funds allocated for salmon habitat projects and salmon recovery activities on behalf of the board, including both funds allocated by the board and funds allocated by other state or federal agencies for salmon recovery or water quality improvement.
RCW 77.55.171 — Washington Code / Title 77 / Chapter 55 / Section 171
RCW 77.55.171: Watershed restoration projects—Permit processing.
Status: in_force

A permit required by the department for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510 .
RCW 77.15.450 — Washington Code / Title 77 / Chapter 15 / Section 450
RCW 77.15.450: Spotlighting big game—Penalty.
Status: in_force

(1) A person is guilty of spotlighting big game in the second degree if the person hunts big game with the aid of a spotlight, other artificial light, or night vision equipment while in possession or control of a firearm, bow and arrow, or cross bow. For purposes of this section, "night vision equipment" includes electronic light amplification devices, thermal imaging devices, and other comparable equipment used to enhance night vision. (2) A person is guilty of spotlighting big game in the first degree if: (a) The person has any prior conviction for gross misdemeanor or felony for a crime under this title involving big game including but not limited to subsection (1) of this section or RCW 77.15.410 ; and (b) Within ten years of the date that such prior conviction was entered the person commits the act described by subsection (1) of this section. (3)(a) Spotlighting big game in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke all hunting licenses and tags and order a suspension of the person's hunting privileges for two years. (b) Spotlighting big game in the first degree is a class C felony. Upon conviction, the department shall order suspension of all privileges to hunt wildlife for a period of ten years. (4) A person convicted under this section shall be assessed a criminal wildlife penalty assessment as provided in RCW 77.15.420 .
RCW 77.65.610 — Washington Code / Title 77 / Chapter 65 / Section 610
RCW 77.65.610: Crewmember license—Requirements—Rule making—Fee—Exemptions.
Status: in_force

(1)(a) An individual age sixteen and older who works on board any vessel while operating in a commercial fishery regulated by the state must obtain a crewmember license from the department. However, an individual on the vessel designated as the primary or alternate operator on the commercial fishing license and an individual on the vessel licensed and working as a geoduck diver or geoduck tender do not also need a crewmember license. Crewmembers working for licensed charters or guides are not required to have a crewmember license. (b) A crewmember license is required for each individual who participates in the operation of the vessel or the harvest. For the purposes of this section, the term "harvest" includes participation in tending, deploying, retrieving, or baiting fishing gear, harvesting, or placing fish or shellfish in holds. (c) Each individual required to have a crewmember license as set forth in this section must have in their possession at least one piece of identifying documentation as specified in RCW 46.20.035 (1) (a) through (f) that contains the signature and a photograph of the individual and produce the documentation at the request of a fish and wildlife officer or ex officio fish and wildlife officer. (d) An albacore tuna crewmember license satisfies the requirements specified in (a) and (b) of this subsection on vessels fishing for albacore tuna or baitfish lampara. (2) A crewmember license must be purchased in the name of the individual working as the crewmember. The license holder may use the license aboard any commercial fishing vessel, except an albacore tuna crewmember license is only valid for participating in the albacore tuna fishery or baitfish lampara fishery. A crewmember license purchased by a crewmember may not be transferred to another individual. (3) Up to two crewmember licenses may be purchased and held by a commercial fishing license holder for use by any individual working on the vessel named in the commercial fishing license, as long as the individual is not prohibited from obtaining a crewmember license. Each crewmember license held by a commercial fishing license holder covers one crewmember per trip, but the same crewmember license may be used to authorize a different individual to act as a crewmember on a subsequent trip. The commission may adopt fishery specific rules that: (a) Increase the number of crewmember licenses that may be held by a commercial fishing license holder; (b) Pertain to the issuance, period of validity, use, possession, and display of the licenses. (4) The fee for an annual crewmember license is thirty-five dollars for residents and one hundred ten dollars for nonresidents. The fee for an annual albacore tuna crewmember license is thirty-five dollars for residents and nonresidents. Additional application fees and surcharges do not apply except that if the license is purchased through the automated licensing system the fees authorized in RCW 77.32.050 apply. (5) The licenses must be available through the automated licensing system and transaction fees and dealer fees apply, except as provided in subsection (4) of this section. The annual crewmember license is valid for a calendar year. (6) Family members of the commercial license holder or alternate operators are exempt from the requirements of this section. For purposes of this section, family members include children, grandchildren, spouse, parents, or siblings of the commercial license holder.
RCW 77.55.241 — Washington Code / Title 77 / Chapter 55 / Section 241
RCW 77.55.241: Off-site mitigation.
Status: in_force

(1) The legislature finds that the construction of hydraulic projects may require mitigation for the protection of fish life, and that the mitigation may be most cost-effective and provide the most benefit to the fish resource if the mitigation is allowed to be applied in locations that are off-site of the hydraulic project location. The department may approve off-site mitigation plans that are submitted by permit applicants. (2) If a permit applicant proposes off-site mitigation and the department does not approve the permit or conditions the permit in such a manner as to render off-site mitigation unpracticable, the project proponent may appeal the decision as provided in *RCW 77.55.021 (4).
RCW 77.12.266 — Washington Code / Title 77 / Chapter 12 / Section 266
RCW 77.12.266: Relocation or introduction of wolves, coyotes, lynx, bobcats, and other big game—Notice and public hearing.
Status: in_force

(1) The department must provide notice and hold a public hearing prior to department personnel relocating or introducing any wolves, coyotes, lynx, bobcats, and animals defined as big game in RCW 77.08.030 , where the action is intended for population enhancement. (2)(a) The notice of the public hearing must be made at least thirty days prior to the date of the hearing. The notice must state the public hearing date, time, and location, and provide a brief explanation of the department's proposed action. The brief explanation must include the species of wildlife, the estimated number of animals, the general location where the wildlife will be released, and the potential range the wildlife is likely to roam. (b) A press release of the notice of the public hearing must be sent to media outlets providing news services to the communities that are likely to be impacted by the wildlife's presence. The notice of the public hearing must be posted on the department's website, and if possible, posted on a local government or community website near where the wildlife will be relocated or introduced; and be provided in writing to the town, city, or county legislative members and the mayor or county executive of any location that is likely to be impacted by the presence of the wildlife. (3) The public hearing must be open to the public and held within the community most likely to be impacted by the presence of the relocated or introduced wildlife. The presiding official or department personnel must present information explaining the department's proposed actions and related management of the wildlife in sufficient detail to provide an understanding of the reasons for the proposed movement and potential impacts of the action in or near the community. The hearing must be conducted by the presiding official to afford interested persons the opportunity to present comments. Written or electronic submissions will also be accepted and included in the department's hearing record.
RCW 77.65.260 — Washington Code / Title 77 / Chapter 65 / Section 260
RCW 77.65.260: State oyster reserves—Oyster reserve fishery license.
Status: in_force

A person who commercially takes shellfish from state oyster reserves under RCW 77.60.050 must have an oyster reserve fishery license.
RCW 77.32.480 — Washington Code / Title 77 / Chapter 32 / Section 480
RCW 77.32.480: Reduced rate licenses.
Status: in_force

(1) Upon written application, a combination fishing license shall be issued at the reduced rate of $6.90 and all hunting licenses shall be issued at the reduced rate of a youth hunting license fee for the following individuals: (a) A resident 65 years old or older who has a qualifying discharge, as defined in RCW 73.04.005 , from the United States armed forces and has a service-connected disability; (b) A resident who has a qualifying discharge, as defined in RCW 73.04.005 , from the United States armed forces and has a 30 percent or more service-connected disability; (c) A resident with a disability who permanently uses a wheelchair; (d) A resident who is blind or visually impaired; and (e) A resident with a developmental disability as defined in RCW 71A.10.020 with documentation of the disability certified by a physician licensed to practice in this state. (2) Upon department verification of eligibility, a nonstate resident veteran with a disability who otherwise satisfies the criteria of subsection (1)(a) and (b) of this section must be issued a combination fishing license or any hunting license at the same cost charged to a nondisabled Washington resident for the same license. (3) Upon written application and department verification, the following recreational hunting licenses must be issued at no cost to a resident member of the state guard or national guard, as defined in RCW 38.04.010 , as long as the state guard or national guard member is: An active full-time state guard or national guard employee; or a state guard or national guard member whose status requires the state guard or national guard member to participate in drill training on a part-time basis: (a) A small game hunting license under RCW 77.32.460 (1); (b) A supplemental migratory bird permit under RCW 77.32.350 ; and (c) A big game hunting license under RCW 77.32.450 (1).
RCW 77.75.110 — Washington Code / Title 77 / Chapter 75 / Section 110
RCW 77.75.110: Snake river boundary—Concurrent jurisdiction of Idaho and Washington courts and law enforcement officers.
Status: in_force

To enforce RCW 77.75.120 and 77.75.130 , courts in the counties contiguous to the boundary waters, fish and wildlife officers, and ex officio fish and wildlife officers have jurisdiction over the boundary waters to the furthermost shoreline. This jurisdiction is concurrent with the courts and law enforcement officers of Idaho.
RCW 77.12.152 — Washington Code / Title 77 / Chapter 12 / Section 152
RCW 77.12.152: Commission may designate fishing areas.
Status: in_force

The commission may designate the boundaries of fishing areas by driving piling or by establishing monuments or by description of landmarks or section lines and directional headings.
RCW 77.140.060 — Washington Code / Title 77 / Chapter 140 / Section 060
RCW 77.140.060: Misbranding of fish or shellfish—Penalties.
Status: in_force

(1) A person is guilty of unlawful misbranding of fish or shellfish in the third degree if the person commits an act that violates RCW 77.140.030 or 77.140.040 , and the misbranding involves fish or shellfish with a fair market value up to five hundred dollars. Unlawful misbranding of fish or shellfish in the third degree is a misdemeanor. (2) A person is guilty of unlawful misbranding of fish or shellfish in the second degree if the person commits an act that violates RCW 77.140.030 or 77.140.040 , and the misbranding involves fish or shellfish with a fair market value of five hundred dollars or more, up to five thousand dollars. Unlawful misbranding of fish or shellfish in the second degree is a gross misdemeanor. (3) A person is guilty of unlawful misbranding of fish or shellfish in the first degree if the person commits an act that violates RCW 77.140.030 or 77.140.040 , and the misbranding involves fish or shellfish with a fair market value of five thousand dollars or more. Unlawful misbranding of fish or shellfish in the first degree is a class C felony.
RCW 77.57.050 — Washington Code / Title 77 / Chapter 57 / Section 050
RCW 77.57.050: If fishway is impractical, fish hatchery or cultural facility may be provided in lieu.
Status: in_force

Before a person commences construction on a dam or other hydraulic project for which the director determines that a fishway is impractical, the person shall at the option of the director: (1) Convey to the state a fish cultural facility on a site satisfactory to the director and constructed according to plans and specifications approved by the director, and enter into an agreement with the director secured by sufficient bond, to furnish water and electricity, without expense, and funds necessary to operate and maintain the facilities; or (2) Enter into an agreement with the director secured by sufficient bond to make payments to the state as the director determines are necessary to expand, maintain, and operate additional facilities at existing hatcheries within a reasonable distance of the dam or other hydraulic work to compensate for the damages caused by the dam or other hydraulic work. (3) A decision of the director under this section is subject to review in the superior court of the state for Thurston county. Each day that a person carries on construction work or operates a dam or hydraulic project without complying with this section is a separate offense.
RCW 77.12.380 — Washington Code / Title 77 / Chapter 12 / Section 380
RCW 77.12.380: Withdrawal of state land from lease—Actions by commissioner of public lands.
Status: in_force

Upon receipt of a request under RCW 77.12.360 , the commissioner of public lands shall determine if the withdrawal would benefit the people of the state. If the withdrawal would be beneficial, the commissioner shall have the lands appraised for their lease value. Before withdrawal, the department shall transmit to the commissioner a voucher authorizing payment from the fish, wildlife, and conservation account created in RCW 77.12.170 (3) in favor of the fund for which the lands are held. The payment shall equal the amount of the lease value for the duration of the withdrawal.
RCW 77.100.060 — Washington Code / Title 77 / Chapter 100 / Section 060
RCW 77.100.060: Commission to establish rules—Subjects.
Status: in_force

The commission shall establish by rule: (1) The procedure for entering a cooperative agreement and the application forms for a permit to release fish or wildlife required by *RCW 77.12.457 . The procedure shall indicate the information required from the volunteer group as well as the process of review by the department. The process of review shall include the means to coordinate with other agencies and Indian tribes when appropriate and to coordinate the review of any necessary hydraulic permit approval applications. (2) The procedure for providing within forty-five days of receipt of a proposal a written response to the volunteer group indicating the date by which an acceptance or rejection of the proposal can be expected, the reason why the date was selected, and a written summary of the process of review. The response should also include any suggested modifications to the proposal which would increase its likelihood of approval and the date by which such modified proposal could be expected to be accepted. If the proposal is rejected, the department must provide in writing the reasons for rejection. The volunteer group may request the director or the director's designee to review information provided in the response. (3) The priority of the uses to which eggs, seed, juveniles, or brood stock are put. Use by cooperative projects shall be second in priority only to the needs of programs of the department or of other public agencies within the territorial boundaries of the state. Sales of eggs, seed, juveniles, or brood stock have a lower priority than use for cooperative projects. The rules must identify and implement appropriate protocols for brood stock handling, including the outplanting of adult fish, spawning, incubation, rearing, and release and establish a prioritized schedule for implementation of chapter 337, Laws of 2001, and shall include directives for allowing more hatchery salmon to spawn naturally in areas where progeny of hatchery fish have spawned, including the outplanting of adult fish, in order to increase the number of viable salmon eggs and restore healthy numbers of fish within the state. (4) The procedure for the director to notify a volunteer group that the agreement for the project is being revoked for cause and the procedure for revocation. Revocation shall be documented in writing to the volunteer group. Cause for revocation may include: (a) The unavailability of adequate biological or financial resources; (b) the development of unacceptable biological or resource management conflicts; or (c) a violation of agreement provisions. Notice of cause to revoke for a violation of agreement provisions may specify a reasonable period of time within which the volunteer group must comply with any violated provisions of the agreement. (5) An appropriate method of distributing among volunteer groups fish, bird, or animal food or other supplies available for the program.
RCW 77.15.640 — Washington Code / Title 77 / Chapter 15 / Section 640
RCW 77.15.640: Unlawful wholesale fish buying and dealing—Penalty.
Status: in_force

(1) A person who holds a fish dealer license required by RCW 77.65.280 , a wholesale fish buyer endorsement required by RCW 77.65.340 , or a limited fish seller endorsement under RCW 77.65.510 is guilty of unlawful wholesale fish buying and dealing if the person: (a) Fails to possess or display his or her license when engaged in any act requiring the license; or (b) Fails to display or uses the license in violation of any department rule. (2) Unlawful wholesale fish buying and dealing is a gross misdemeanor.
RCW 77.120.140 — Washington Code / Title 77 / Chapter 120 / Section 140
RCW 77.120.140: Biofouling—Agency rule-making authority.
Status: in_force

(1) The owner or operator of a vessel covered by this chapter is required to ensure that the vessel under their ownership or control does not release biofouling into waters of the state except as authorized by this section. (2) The department may adopt by rule standards and requirements governing the release of biofouling on vessels arriving or moored at a Washington port. (3) The department shall adopt rules under subsection (2) of this section for adoption in consultation with a collaborative forum with advisors from regulated industries and the potentially affected parties including shipping interests, ports, shellfish growers, fisheries, environmental interests, interested citizens who have knowledge of the issues, and appropriate governmental representatives including the United States coast guard and the United States environmental protection agency. The rules must: (a) Ensure that biofouling management poses minimal risk of release of nonindigenous species; (b) Be based on the best available technology that is economically achievable; and (c) Where practical and appropriate, be compatible with standards and requirements set by the United States coast guard, the United States environmental protection agency, or the international maritime organization.
RCW 77.95.320 — Washington Code / Title 77 / Chapter 95 / Section 320
RCW 77.95.320: Program utilizing department-partnership agreements to operate and manage certain hatcheries—Selection of partners—Partnership agreements.
Status: in_force

(1) The department shall establish a program that utilizes department-partner agreements for the resumption or continued operation and management of state-owned salmonid hatcheries that are located in the Hood Canal basin. To implement the program, the department shall accept and review applications to determine the appropriateness of the partner to manage and operate selected salmonid hatcheries. The department shall accelerate the application process relating to any hatchery currently in operation to avoid cessation of ongoing salmon production. (2)(a) To select a partner, the department shall develop and apply criteria identifying the appropriateness of a potential partner. The criteria must seek to ensure that the partner has a long-range business plan, which may include the sale of hatchery surplus salmon, including eggs and carcasses, to ensure the long-range future solvency of the partnership. The business plan may also allow the partner to harvest hatchery chum salmon in a designated area through persons under contract with the partner as provided under a permit from the department or by rule of the commission. All chum salmon harvested must be sold at prices commensurate with the current market and all funds must be utilized by the partner to operate the hatchery. (b) Partners under this section must be: (i) Qualified under section 501(c)(3) of the internal revenue code; (ii) A for-profit private entity; or (iii) A federally recognized tribe. (3) The department shall place a higher priority on applications from partners that provide for the maximum resumption or continuation of existing hatchery production in a manner consistent with the mandate contained in RCW 77.04.012 to maintain the economic well-being and stability of the fishing industry. (4)(a) Agreements entered into with partners under this section must be consistent with existing federally recognized tribal rights, state laws, agency rules, collective bargaining agreements, hatchery management policy involving species listed under the federal endangered species act, or, in the case of a tribal partner, any applicable tribal hatchery management policy or recreational and commercial harvest policy. (b) Agreements under this section must also require that partners give preference to retaining classified employees whenever possible. In circumstances where it is not possible, partners conducting hatchery operations must maintain staff with comparable qualifications to those identified in the class specifications for the department's fish hatchery personnel. (5) All partnership agreements entered into under this section must contain a provision that requires the partner to hold harmless the department and the state for any civil liability arising from the partner's participation in the agreement or activities at the subject hatchery or hatcheries. (6) All partnership agreements entered into under this section must identify any maintenance or improvements to be made to the hatchery facility, and the source of funding for such maintenance or improvements. If funding for the maintenance or improvements is to come from state funds or revenue sources previously received by the department, the work must be performed either by employees in the classified service or in compliance with the contracting procedures set forth in RCW 41.06.142 .
RCW 77.32.525 — Washington Code / Title 77 / Chapter 32 / Section 525
RCW 77.32.525: Hunting and fishing contests—Field trials for dogs—Rules—Limitation.
Status: in_force

The director shall administer rules adopted by the commission governing the time, place, and manner of holding hunting and fishing contests and competitive field trials involving live wildlife for hunting dogs. The department shall prohibit contests and field trials that are not in the best interests of wildlife.
RCW 77.12.154 — Washington Code / Title 77 / Chapter 12 / Section 154
RCW 77.12.154: Right of entry—Aircraft operated by department.
Status: in_force

The director, fish and wildlife officers, ex officio fish and wildlife officers, and department employees may enter upon any land or waters and remain there while performing their duties without liability for trespass. It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state.
RCW 77.15.460 — Washington Code / Title 77 / Chapter 15 / Section 460
RCW 77.15.460: Loaded rifle or shotgun in vehicle—Unlawful use or possession—Unlawful use of a loaded firearm—Penalty.
Status: in_force

(1) A person is guilty of unlawful possession of a loaded rifle or shotgun in a motor vehicle, as defined in RCW 46.04.320 , or upon an off-road vehicle, as defined in RCW 46.04.365 , if: (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in a motor vehicle, or upon an off-road vehicle, except as allowed by department rule; and (b) The rifle or shotgun contains a shell or cartridge in the chamber, or is a muzzle-loading firearm that is loaded and capped or primed. (2) A person is guilty of unlawful use of a loaded firearm if: (a) The person negligently discharges a firearm from, across, or along the maintained portion of a public highway; or (b) The person discharges a firearm from within a moving motor vehicle or from upon a moving off-road vehicle. (3) Unlawful possession of a loaded rifle or shotgun in a motor vehicle or upon an off-road vehicle, and unlawful use of a loaded firearm are misdemeanors. (4) This section does not apply if the person: (a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction; (b) Has been granted a disability designation as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities; or (c) Discharges the rifle or shotgun from upon a nonmoving motor vehicle, as long as the engine is turned off and the motor vehicle is not parked on or beside the maintained portion of a public road, except as authorized by the commission by rule. This subsection (4)(c) does not apply to off-road vehicles, which are unlawful to use for hunting under RCW 46.09.480 , unless the person has a department permit issued under RCW 77.32.237 . (5) For purposes of subsection (1) of this section, a rifle or shotgun shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the rifle or shotgun.
RCW 77.32.450 — Washington Code / Title 77 / Chapter 32 / Section 450
RCW 77.32.450: Big game hunting license—Special hunt permit—Subject to fee—Multiple season big game tag—Authorization.
Status: in_force

(1) A big game hunting license is required to hunt for big game. A big game license allows the holder to hunt for forest grouse, unclassified wildlife, and the individual species identified within a specific big game combination license package. Each big game license includes one transport tag for each species purchased in that package. A hunter may not purchase more than one license for each big game species except as authorized by rule of the commission. (2) In the event that the commission authorizes a special hunt permit for goat, sheep, moose, or other big game species not specified, a license is required and is subject to a fee. (3) Multiple season big game tag: The commission may, by rule, offer permits for hunters to hunt deer or elk during more than one general season. Only one deer or elk may be harvested annually under a multiple season big game tag. (4) Authorization to hunt the species set out under subsection (2) of this section is by special permit issued under RCW 77.32.370 .
RCW 77.15.265 — Washington Code / Title 77 / Chapter 15 / Section 265
RCW 77.15.265: Unlawful possession of fish, shellfish, or wildlife knowingly taken in violation of another state's or country's laws—Penalty.
Status: in_force

(1) It is unlawful for any person to possess in Washington any fish, shellfish, or wildlife that the person knows was taken in another state or country in violation of that state's or country's laws or regulations relating to licenses or tags, seasons, areas, methods, or bag or possession limits. (2) As used in this section, the terms "fish," "shellfish," and "wildlife" have the meaning ascribed to those terms in the applicable law or regulation of the state or country of the fish's, shellfish's, or wildlife's origin. (3) Unlawful possession of fish, shellfish, or wildlife taken or possessed in violation of another state's or country's laws or regulations is a gross misdemeanor.
RCW 77.32.070 — Washington Code / Title 77 / Chapter 32 / Section 070
RCW 77.32.070: Information required from license applicants—Reports on taking/effort to harvest fish, shellfish, and wildlife—Administrative penalty.
Status: in_force

(1) Applicants for a license, permit, tag, or stamp shall furnish the information required by the director. However, the director may not require the purchaser of a razor clam license under RCW 77.32.520 to provide any personal information except for proof of residency. The commission may adopt rules requiring licensees or permittees to keep records and make reports concerning the taking of or effort to harvest fish, shellfish, and wildlife. The reporting requirement may be waived where, for any reason, the department is not able to receive the report. The department must provide reasonable options for a licensee to submit information to a live operator prior to the reporting deadline. (2) The commission may, by rule, set an administrative penalty for failure to comply with rules requiring the reporting of taking or effort to harvest wildlife. The commission may also adopt rules requiring hunters who have not reported to complete a report and pay the assessed administrative penalty before a new hunting license is issued. (3) The commission may, by rule, set an administrative penalty for failure to comply with rules requiring the reporting of data from catch record cards officially endorsed for Puget Sound Dungeness crab. The commission may also adopt rules requiring fishers who possessed a catch record card officially endorsed for Puget Sound Dungeness crab and who have not reported to complete a report and pay the assessed administrative penalty before a new catch record card officially endorsed for Puget Sound Dungeness crab is issued. (4) Fees for recreational fishing are specified in RCW 77.32.600 and fees for hunting are specified in RCW 77.32.610 .
RCW 77.08.022 — Washington Code / Title 77 / Chapter 08 / Section 022
RCW 77.08.022: "Food fish" defined.
Status: in_force

"Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that have been classified and that shall not be fished for except as authorized by rule of the commission. The term "food fish" includes all stages of development and the bodily parts of food fish species.
RCW 77.125.050 — Washington Code / Title 77 / Chapter 125 / Section 050
RCW 77.125.050: Activities associated with the use of marine net pens for nonnative marine finfish aquaculture.
Status: in_force

(1) The department may authorize or permit activities associated with the use of marine net pens for nonnative marine finfish aquaculture only if these activities are performed under a lease of state-owned aquatic lands in effect on June 7, 2018. The department may not authorize or permit any of these activities or operations after the expiration date of the relevant lease of state-owned aquatic lands in effect on June 7, 2018. (2) For purposes of this section, "state-owned aquatic lands" has the same meaning as defined in RCW 79.105.060 .
RCW 77.135.240 — Washington Code / Title 77 / Chapter 135 / Section 240
RCW 77.135.240: Aquatic invasive species local management grant program.
Status: in_force

(1) Money in the aquatic invasive species management account created in RCW 77.135.200 may be appropriated to the department to establish an aquatic invasive species local management grant program. The department shall enter into agreement with the recreation and conservation office to administer the grant funds or other financial assistance, assist the department in developing grant program policies and funding criteria, and consult with the department prior to awarding grants. State agencies, cities, counties, tribes, special purpose districts, academic institutions, and nonprofit groups are eligible for competitive grants to: (a) Manage prohibited level 1 or level 2 aquatic [invasive] species at a local level; (b) Develop rapid response management cooperative agreements for local water bodies; (c) Develop or implement prohibited species management cooperative agreements for local water bodies; and (d) Conduct innovative applied research that directly supports on-the-ground prevention, control, and eradication efforts. (2) The department may give preference to projects that have matching funds, provide in-kind services, or maintain or enhance outdoor recreational opportunities.
RCW 77.32.050 — Washington Code / Title 77 / Chapter 32 / Section 050
RCW 77.32.050: Recreational and commercial licenses, permits, tags, stamps, and raffle tickets issued by authorized officials—Rules—Fees.
Status: in_force

(1) All recreational and commercial licenses, permits, tags, stamps, and raffle tickets shall be issued under the authority of the commission. The commission shall adopt rules for the issuance of licenses, permits, tags, stamps, and raffle tickets, and for the collection, payment, and handling of license fees, including terms and conditions to govern dealers, and dealer fees. A transaction fee on commercial and recreational documents issued through an automated licensing system may be set by the commission and collected from licensees. The department may authorize all or part of such fee to be paid directly to a contractor providing automated licensing system services. The department and dealers shall collect and retain dealer fees of at least two dollars for purchase of a standard hunting or fishing recreational license document or commercial license document, except that the commission may set a lower dealer fee for issuance of tags or when a licensee buys a license that involves a stamp or display card format rather than a standard department licensing document form. Dealer fees must be uniform throughout the state. (2) The application fee is waived for all commercial license documents that are issued through the automated licensing system.
RCW 77.135.170 — Washington Code / Title 77 / Chapter 135 / Section 170
RCW 77.135.170: Department's authority to enter upon property/water body—Notification—Application, issuance of warrant.
Status: in_force

(1) The department may enter upon a property or water body at any reasonable time for the purpose of administering this chapter, including inspecting and decontaminating aquatic conveyances, collecting invasive species samples, implementing rapid response management actions or infested site management actions, and containing, controlling, or eradicating invasive species. (2) Prior to entering the property or water body, the department shall make a reasonable attempt to notify the owner of the property or water body as to the purpose and need for the entry. Should the department be denied access to any property or water body where access is sought for the purposes set forth in this chapter, the department may apply to any court of competent jurisdiction for a warrant authorizing access to the property. (3) Upon such an application, the court may issue the warrant for the purposes requested where the court finds reasonable cause to believe it is necessary to achieve the purposes of this chapter.
RCW 77.65.310 — Washington Code / Title 77 / Chapter 65 / Section 310
RCW 77.65.310: Wholesale fish buyers and limited fish sellers—Documentation of commercial harvest.
Status: in_force

Wholesale fish buyers and limited fish sellers are required to document the commercial harvest of fish and shellfish according to the rules of the department.
RCW 77.65.070 — Washington Code / Title 77 / Chapter 65 / Section 070
RCW 77.65.070: Licensees subject to statute and rules—Expiration and renewal of licenses.
Status: in_force

(1) A commercial license issued under this chapter permits the license holder to engage in the activity for which the license is issued in accordance with this title and the rules of the department. (2) Unless otherwise provided in this title or rules of the department, commercial licenses and permits issued under this chapter expire at midnight on December 31st of the calendar year for which they are issued. In accordance with this title, licenses may be renewed annually upon application and payment of the prescribed license fees. In accordance with RCW 77.65.030 , the department must provide a license or permit holder's surviving spouse, estate, or estate beneficiary a reasonable opportunity to renew the license or permit.
RCW 77.95.090 — Washington Code / Title 77 / Chapter 95 / Section 090
RCW 77.95.090: Regional fisheries enhancement group account—Revenue sources, uses, and limitations.
Status: in_force

The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the commission or the commission'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. A portion of each recreational fishing license fee shall be used as provided in RCW 77.32.440 . A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. All receipts shall be placed in the regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of *RCW 77.95.110 . Except as provided in RCW 77.95.320 , funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991. All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus. The commission shall adopt rules to implement this section pursuant to chapter 34.05 RCW.
RCW 77.100.170 — Washington Code / Title 77 / Chapter 100 / Section 170
RCW 77.100.170: Fish hatcheries—Volunteer group projects.
Status: in_force

The manager of a state fish hatchery operated by the department of fish and wildlife may allow nonprofit volunteer groups affiliated with the hatchery to undertake projects to raise donations, gifts, and grants that enhance support for the hatchery or activities in the surrounding watershed that benefit the hatchery. The manager may provide agency personnel and services, if available, to assist in the projects and may allow the volunteer groups to conduct activities on the grounds of the hatchery. The director of the department of fish and wildlife shall encourage and facilitate arrangements between hatchery managers and nonprofit volunteer groups and may establish guidelines for such arrangements.
RCW 77.32.250 — Washington Code / Title 77 / Chapter 32 / Section 250
RCW 77.32.250: Licenses nontransferable.
Status: in_force

Except as authorized in RCW 77.32.565 , licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under this chapter shall not be transferred.
RCW 77.12.075 — Washington Code / Title 77 / Chapter 12 / Section 075
RCW 77.12.075: Fish and wildlife federal lands revolving account.
Status: in_force

The fish and wildlife federal lands revolving account is created in the custody of the state treasurer. All receipts from the proceeds of good neighbor agreements as defined in RCW 79.02.010 and implemented by the department of fish and wildlife and all legislative transfers, gifts, grants, and federal funds designated for use in conjunction with a good neighbor agreement implemented by the department of fish and wildlife must be deposited into the account. Expenditures from the account are subject to the limitations of the agreements under which proceeds were generated and may be used only for the planning and implementation of good neighbor agreements, including management or administrative costs and relevant goods and services. 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. The fish and wildlife federal lands revolving account is an interest-bearing account and the interest must be credited to the account.
RCW 77.85.230 — Washington Code / Title 77 / Chapter 85 / Section 230
RCW 77.85.230: Intertidal salmon enhancement plan—Elements—Initial and final plan.
Status: in_force

(1) In consultation with the appropriate task force formed under RCW 77.85.220 , the conservation commission may contract with universities, private consultants, nonprofit groups, or other entities to assist it in developing a plan incorporating the following elements: (a) An inventory of existing tide gates located on streams in the county. The inventory shall include location, age, type, and maintenance history of the tide gates and other factors as determined by the appropriate task force in consultation with the county and diking and drainage districts; (b) An assessment of the role of tide gates located on streams in the county; the role of intertidal fish habitat for various life stages of salmon; the quantity and characterization of intertidal fish habitat currently accessible to fish; the quantity and characterization of the present intertidal fish habitat created at the time the dikes and outlets were constructed; the quantity of potential intertidal fish habitat on public lands and alternatives to enhance this habitat; the effects of saltwater intrusion on agricultural land, including the effects of backfeeding of salt water through the underground drainage system; the role of tide gates in drainage systems, including relieving excess water from saturated soil and providing reservoir functions between tides; the effect of saturated soils on production of crops; the characteristics of properly functioning intertidal fish habitat; a map of agricultural lands designated by the county as having long-term commercial significance and the effect of that designation; and the economic impacts to existing land uses for various alternatives for tide gate alteration; and (c) A long-term plan for intertidal salmon habitat enhancement to meet the goals of salmon recovery and protection of agricultural lands. The proposal shall consider all other means to achieve salmon recovery without converting farmland. The proposal shall include methods to increase fish passage and otherwise enhance intertidal habitat on public lands pursuant to subsection (2) of this section, voluntary methods to increase fish passage on private lands, a priority list of intertidal salmon enhancement projects, and recommendations for funding of high priority projects. The task force also may propose pilot projects that will be designed to test and measure the success of various proposed strategies. (2) In conjunction with other public landowners and the appropriate task force formed under RCW 77.85.220 , the department shall develop an initial salmon intertidal habitat enhancement plan for public lands in the county. The initial plan shall include a list of public properties in the intertidal zone that could be enhanced for salmon, a description of how those properties could be altered to support salmon, a description of costs and sources of funds to enhance the property, and a strategy and schedule for prioritizing the enhancement of public lands for intertidal salmon habitat. This initial plan shall be submitted to the appropriate task force at least six months before the deadline established in subsection (3) of this section. (3) The final intertidal salmon enhancement plan shall be completed within two years from the date the task force is formed under RCW 77.85.220 and funding has been secured. A final plan shall be submitted by the appropriate task force to the lead entity for the geographic area established under this chapter.
RCW 77.105.150 — Washington Code / Title 77 / Chapter 105 / Section 150
RCW 77.105.150: Recreational fisheries enhancement account.
Status: in_force

The recreational fisheries enhancement account is created in the state treasury. All receipts from RCW 77.105.140 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for recreational fisheries enhancement programs identified in this chapter. Except during the 2025-2027 fiscal biennium, in which moneys may be transferred to the fish, wildlife, and conservation account, under no circumstances may moneys from the account be used to backfill shortfalls in other state funding sources.
RCW 77.100.120 — Washington Code / Title 77 / Chapter 100 / Section 120
RCW 77.100.120: Cedar river spawning channel—Specifications.
Status: in_force

The channel shall be designed to produce, at a minimum, fry comparable in quality to those produced in the Cedar river and equal in number to what could be produced naturally by the estimated two hundred sixty-two thousand adults that could have spawned upstream of the Landsburg diversion. Construction of the spawning channel shall commence no later than September 1, 1990. Initial construction size shall be adequate to produce fifty percent or more of the production goal specified in this section.
RCW 77.15.077 — Washington Code / Title 77 / Chapter 15 / Section 077
RCW 77.15.077: Fish and wildlife officers—Private law enforcement off-duty employment—Guidelines.
Status: in_force

Washington fish and wildlife officers may engage in private law enforcement off-duty employment, in uniform or in plainclothes for private benefit, subject to guidelines adopted by the chief of fish and wildlife enforcement. These guidelines must ensure that the integrity and professionalism of the Washington fish and wildlife enforcement is preserved. Use of Washington fish and wildlife officer's uniforms shall be considered de minimis use of state property. For any employment authorized under this section that occurs on reservation, trust, or allotted lands of a federally recognized Indian tribe, a Washington fish and wildlife officer must have taken the violence de-escalation and mental health training provided by the criminal justice training commission, including the curriculum of the history of police interactions with Native American communities; and the private employer must have obtained permission from the affected federally recognized Indian tribe.
RCW 77.55.211 — Washington Code / Title 77 / Chapter 55 / Section 211
RCW 77.55.211: Informational brochure.
Status: in_force

The department, the department of ecology, and the department of natural resources shall jointly develop an informational brochure that describes when permits and any other authorizations are required for flood damage prevention and reduction projects, and recommends ways to best proceed through the various regulatory permitting processes.
RCW 77.12.039 — Washington Code / Title 77 / Chapter 12 / Section 039
RCW 77.12.039: Acceptance of funds or property for damage claims or conservation of fish, shellfish, and wildlife resources.
Status: in_force

The director may accept money or real property from persons under conditions requiring the use of the property or money for the protection, rehabilitation, preservation, or conservation of the state wildlife, fish, and shellfish resources, or in settlement of claims for damages to wildlife, fish, and shellfish resources. The director shall only accept real property useful for the protection, rehabilitation, preservation, or conservation of fish, shellfish, and wildlife resources.
RCW 77.15.565 — Washington Code / Title 77 / Chapter 15 / Section 565
RCW 77.15.565: Wholesale fish buyer a limited fish seller—Accounting of commercial harvest—Penalties.
Status: in_force

Since violation of the rules of the department relating to the accounting of the commercial harvest of fish and shellfish results in damage to the resources of the state, liability for damage to fish and shellfish resources is imposed on a wholesale fish buyer or a limited fish seller for violation of a provision in chapters 77.65 and 77.70 RCW or a rule of the department related to the accounting of the commercial harvest of fish and shellfish and shall be for the actual damages or for damages imposed as follows: (1) For violation of rules requiring the timely presentation to the department of documents relating to the accounting of commercial harvest, fifty dollars for each of the first fifteen documents in a series and ten dollars for each subsequent document in the same series. If documents relating to the accounting of commercial harvest of fish and shellfish are lost or destroyed and the wholesale fish buyer or limited fish seller notifies the department in writing within seven days of the loss or destruction, the director shall waive the requirement for timely presentation of the documents. (2) For violation of rules requiring accurate and legible information relating to species, value, harvest area, or amount of harvest, twenty-five dollars for each of the first five violations of this subsection per calendar year, and fifty dollars for each violation after the first five violations. (3) For violations of rules requiring certain signatures, fifty dollars for each of the first two violations and one hundred dollars for each subsequent violation. For the purposes of this subsection, each signature is a separate requirement. (4) For other violations of rules relating to the accounting of the commercial harvest, fifty dollars for each separate violation.
RCW 77.04.160 — Washington Code / Title 77 / Chapter 04 / Section 160
RCW 77.04.160: Surplus salmon report.
Status: in_force

(1) The department shall prepare an annual surplus salmon report. This report shall include the disposition of adult salmonids that have returned to salmonid hatchery facilities operated under the jurisdiction of the state that: (a) Have not been harvested; and (b) Were not allowed to escape for natural spawning. (2) The report shall include, by species, the number and estimated weight of surplus salmon and steelhead and a description of the disposition of the adult carcasses including, but not limited to, the following categories: (a) Disposed in landfills; (b) Transferred to another government agency for reproductive purposes; (c) Sold to contract buyers in the round; (d) Sold to contract buyers after spawning; (e) Transferred to Native American tribes; (f) Donated to food banks; and (g) Used in stream nutrient enrichment programs. (3) The report shall also include, by species, information on the number of requests for viable salmon eggs, the number of these requests that were granted and the number that were denied, the geographic areas for which these requests were granted or denied, and a brief explanation given for each denial of a request for viable salmon eggs. (4) The report shall be included in the biennial state of the salmon report required by *RCW 77.85.020 and other similar state reports on salmon. (5) The report shall include an assessment of the infrastructure needs and facility modifications necessary to implement chapter 337, Laws of 2001.
RCW 77.85.135 — Washington Code / Title 77 / Chapter 85 / Section 135
RCW 77.85.135: Habitat project funding—Statement of environmental benefits—Development of outcome-focused performance measures.
Status: in_force

In providing funding for habitat projects, the salmon recovery funding board shall require recipients to incorporate the environmental benefits of the project into their grant applications, and the board shall utilize the statement of environmental benefits in its prioritization and selection process. The board shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the grant program. To the extent possible, the board should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270 . The board shall consult with affected interest groups in implementing this section.
RCW 77.32.570 — Washington Code / Title 77 / Chapter 32 / Section 570
RCW 77.32.570: Master hunter permit program—Funds generated to be deposited into the fish and wildlife enforcement reward account.
Status: in_force

(1) In order to effectively manage wildlife in areas or at times when a higher proficiency and demonstrated skill level are needed for resource protection or public safety, the department establishes the master hunter permit program. The master hunter permit program emphasizes safe, ethical, responsible, and lawful hunting practices. Program goals include improving the public's perception of hunting and perpetuating the highest hunting standards. (2) A master hunter permit is required to participate in controlled hunts to eliminate problem animals that damage property or threaten public safety. The commission may establish by rule the requirements an applicant must comply with when applying for or renewing a master hunter permit including, but not limited to, a criminal background check. The director may establish an advisory group to assist the department with administering the master hunter permit program. (3) Funds generated under this section must be deposited into the fish and wildlife enforcement reward account established in RCW 77.15.425 , and the funds must be used exclusively to administer the master hunter permit program.
RCW 77.95.330 — Washington Code / Title 77 / Chapter 95 / Section 330
RCW 77.95.330: Powers and authorities conferred by chapter to be construed as in addition and supplemental.
Status: in_force

The powers and authority conferred by this chapter must be construed as in addition and supplemental to powers or authority conferred by any other law and nothing contained in this chapter may be construed as limiting any other powers or authority of the department.
RCW 77.12.865 — Washington Code / Title 77 / Chapter 12 / Section 865
RCW 77.12.865: Derelict fishing gear—Guidelines for removal and disposal.
Status: in_force

(1) As used in this section and RCW 77.12.870 , "derelict fishing gear" includes lost or abandoned fishing nets, fishing lines, and other commercial and recreational fishing equipment. The term does not include lost or abandoned vessels or shellfish pots. (2) The department, in partnership with the Northwest straits commission, the department of natural resources, and other interested parties, must publish guidelines for the safe removal and disposal of derelict fishing gear. The guidelines may be updated as deemed necessary by the department. The guidelines must be made available to any person interested in derelict fishing gear removal. (3) Derelict fishing gear removal conducted in accordance with the guidelines prepared in subsection (2) of this section is not subject to permitting under RCW 77.55.021 .
RCW 77.12.330 — Washington Code / Title 77 / Chapter 12 / Section 330
RCW 77.12.330: Exclusive fishing waters for youths.
Status: in_force

The commission may establish by rule exclusive fishing waters for minors within specified ages.
RCW 77.15.690 — Washington Code / Title 77 / Chapter 15 / Section 690
RCW 77.15.690: Department authority to revoke licenses.
Status: in_force

(1) Upon any conviction of any violation of this chapter, the department may revoke any license, tag, or stamp, or other permit involved in the violation or held by the person convicted, in addition to other penalties provided by law. (2) If the department orders that a license, tag, stamp, or other permit be revoked, that order is effective upon entry of the order and any such revoked license, tag, stamp, or other permit is void as a result of such order of revocation. The department shall order such license, tag, stamp, or other permit turned over to the department, and shall order the person not to acquire a replacement or duplicate for the remainder of the period for which the revoked license, tag, stamp, or other permit would have been valid. During this period when a license is revoked, the person is subject to punishment under this chapter. If the person appeals the sentence by the court, the revocation shall be effective during the appeal. (3) If an existing license, tag, stamp, or other permit is voided and revoked under this chapter, the department and its agents shall not be required to refund or restore any fees, costs, or money paid for the license, nor shall any person have any right to bring a collateral appeal under chapter 34.05 RCW to attack the department order.
RCW 77.15.520 — Washington Code / Title 77 / Chapter 15 / Section 520
RCW 77.15.520: Commercial fishing—Unlawful gear or methods—Penalty.
Status: in_force

(1) Except for actions involving shellfish gear punishable under RCW 77.15.522 , a person is guilty of commercial fishing using unlawful gear or methods if the person acts for commercial purposes and takes or fishes for any fish or shellfish using any gear or method in violation of a rule of the commission specifying, regulating, or limiting the gear or method for taking, fishing, or harvesting of such fish or shellfish. (2) Commercial fishing using unlawful gear or methods is a gross misdemeanor.
RCW 77.70.090 — Washington Code / Title 77 / Chapter 70 / Section 090
RCW 77.70.090: Commercial salmon fishing licenses and delivery licenses—Limitations—Transfer.
Status: in_force

(1) Except as provided in subsection (2) of this section, after May 6, 1974, the director shall issue no new commercial salmon fishery licenses or salmon delivery licenses. 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. (2) 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. (3) Subject to the restrictions in RCW 77.65.020 , commercial salmon fishery licenses and salmon delivery licenses are transferable from one license holder to another.
RCW 77.70.100 — Washington Code / Title 77 / Chapter 70 / Section 100
RCW 77.70.100: Commercial salmon fishery license or salmon delivery license—Reversion to department following government confiscation of vessel.
Status: in_force

Any commercial salmon fishery license issued under RCW 77.65.160 or salmon delivery license issued under RCW 77.65.170 shall revert to the department when any government confiscates and sells the vessel designated on the license. Upon application of the person named on the license as license holder and the approval of the director, the department shall transfer the license to the applicant. Application for transfer of the license must be made within the calendar year for which the license was issued.
RCW 77.12.854 — Washington Code / Title 77 / Chapter 12 / Section 854
RCW 77.12.854: Washington junior salmon stamp program—Creation.
Status: in_force

(1) The Washington junior 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. (2) Every year the department will announce a competition for the Washington junior salmon stamp program among Washington K-12 students. The top winner will receive a scholarship award.
RCW 77.57.060 — Washington Code / Title 77 / Chapter 57 / Section 060
RCW 77.57.060: Director may modify inadequate fishways and protective devices.
Status: in_force

The director may authorize removal, relocation, reconstruction, or other modification of an inadequate fishway or fish protective device required by *RCW 77.55.320 which device was in existence on September 1, 1963, without cost to the owner for materials and labor. The modification may not materially alter the amount of water flowing through the fishway or fish protective device. Following modification, the fishway or fish protective device shall be maintained at the expense of the person or governmental agency owning the obstruction or water diversion device.
RCW 77.110.010 — Washington Code / Title 77 / Chapter 110 / Section 010
RCW 77.110.010: Declaration.
Status: in_force

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

The people of the state of Washington declare that an emergency exists in the management of salmon and steelhead trout resources such that both are in great peril. An immediate resolution of this crisis is essential to perpetuating and enhancing these resources.
RCW 77.18.060 — Washington Code / Title 77 / Chapter 18 / Section 060
RCW 77.18.060: Determination of appropriate waters.
Status: in_force

The fish and wildlife commission in consultation with the department is authorized to determine which waters of the state are appropriate for this use. In making this determination, the commission shall seek geographic distribution to assure opportunity to fishers statewide. The commission in consultation with the department will determine the maximum number of fish that may be planted into state waters so as not to compete with the wild populations of fish species in the water body.
RCW 77.57.080 — Washington Code / Title 77 / Chapter 57 / Section 080
RCW 77.57.080: Operation and maintenance of fish collection facility on Toutle river.
Status: in_force

The legislature recognizes the need to mitigate the effects of sedimentary build-up and resultant damage to fish population in the Toutle river resulting from the Mt. St. Helens eruption. The state has entered into a contractual agreement with the United States army corps of engineers designed to minimize fish habitat disruption created by the sediment retention structure on the Toutle river, under which the corps has agreed to construct a fish collection facility at the sediment retention structure site conditional upon the state assuming the maintenance and operation costs of the facility. The department shall operate and maintain a fish collection facility on the Toutle river.
RCW 77.12.038 — Washington Code / Title 77 / Chapter 12 / Section 038
RCW 77.12.038: Notification requirements.
Status: in_force

Actions under this chapter are subject to the notification requirements of RCW 43.17.400 .
RCW 77.12.630 — Washington Code / Title 77 / Chapter 12 / Section 630
RCW 77.12.630: Check stations—Other inspections, powers.
Status: in_force

The powers conferred by RCW 77.12.610 through 77.12.630 are in addition to all other powers conferred by law upon the department. Nothing in RCW 77.12.610 through 77.12.630 shall be construed to prohibit the department from operating wildlife information stations at which persons shall not be required to stop and report, or from executing arrests, searches, or seizures otherwise authorized by law.
RCW 77.85.110 — Washington Code / Title 77 / Chapter 85 / Section 110
RCW 77.85.110: Salmon recovery funding board—Creation—Membership.
Status: in_force

(1) The salmon recovery funding board is created consisting of ten members. (2) Five members of the board shall be voting members who are appointed by the governor, subject to confirmation by the senate. One of these voting members shall be a cabinet-level appointment as the governor's representative to the board. Board members who represent the general public shall not have a financial or regulatory interest in salmon recovery. The governor shall appoint one of the general public members of the board as the chair. The voting members of the board shall be appointed for terms of four years, except that two members initially shall be appointed for terms of two years and three members shall initially be appointed for terms of three years. In making the appointments, the governor shall seek a board membership that collectively provide the expertise necessary to provide strong fiscal oversight of salmon recovery expenditures, and that provide extensive knowledge of local government processes and functions and an understanding of issues relevant to salmon recovery in Washington state. The governor shall appoint at least three of the voting members of the board no later than ninety days after July 1, 1999. Vacant positions on the board shall be filled in the same manner as the original appointments. The governor may remove members of the board for good cause. In addition to the five voting members of the board, the following five state officials shall serve as ex officio nonvoting members of the board: The director of the department of fish and wildlife, the executive director of the conservation commission, the secretary of transportation, the director of the department of ecology, and the commissioner of public lands. The state officials serving in an ex officio capacity may designate a representative of their respective agencies to serve on the board in their behalf. Such designations shall be made in writing and in such manner as is specified by the board. (3) Staff support to the board shall be provided by the recreation and conservation office. For administrative purposes, the board shall be located with the recreation and conservation office. (4) Members of the board who do not represent state agencies shall be compensated as provided by RCW 43.03.250 . Members of the board shall be reimbursed for travel expenses as provided by RCW 43.03.050 and 43.03.060 .
RCW 77.15.270 — Washington Code / Title 77 / Chapter 15 / Section 270
RCW 77.15.270: Providing false information—Penalty.
Status: in_force

(1) A person is guilty of providing false information regarding fish, shellfish, or wildlife if the person knowingly provides false or misleading information required by any statute or rule to be provided to the department regarding the taking, delivery, possession, transportation, sale, transfer, or any other use of fish, shellfish, or wildlife. (2) Providing false information regarding fish, shellfish, or wildlife is a gross misdemeanor.
RCW 77.135.120 — Washington Code / Title 77 / Chapter 135 / Section 120
RCW 77.135.120: Mandatory check stations.
Status: in_force

(1) The department may establish mandatory check stations to inspect aquatic conveyances for clean and drain requirements and aquatic invasive species. The check stations must be operated by at least one fish and wildlife officer, an ex officio fish and wildlife officer in coordination with the department, or department-authorized representative, and must be plainly marked by signs and operated in a safe manner. (2) Aquatic conveyances required to stop at mandatory check stations include registered vessels, commercial vessels, and small vessels. The department may establish rules governing other types of aquatic conveyances that must stop at mandatory check stations. The rules must provide sufficient guidance so that a person transporting the aquatic conveyance readily understands that he or she is required to stop. (3) A person who encounters a mandatory check station while transporting an aquatic conveyance must: (a) Stop at the mandatory check station; (b) Allow the aquatic conveyance to be inspected for clean and drain requirements and aquatic invasive species; (c) Follow clean and drain orders if clean and drain requirements are not met pursuant to RCW 77.135.110 ; and (d) Follow decontamination orders pursuant to RCW 77.135.130 if an aquatic invasive species is found. (4) A person who complies with the department directives under this section is exempt from criminal penalties under RCW 77.15.809 and 77.15.811 , civil penalties under *RCW 77.15.160 (4), and civil forfeiture under RCW 77.15.070 , unless the person has a prior conviction for an invasive species violation within the past five years.
RCW 77.95.180 — Washington Code / Title 77 / Chapter 95 / Section 180
RCW 77.95.180: Fish passage barrier removal program.
Status: in_force

(1)(a) To maximize available state resources, the department and the department of transportation must work in partnership to identify and complete projects to eliminate fish passage barriers caused by state roads and highways. (b) The partnership between the department and the department of transportation must be based on the principle of maximizing habitat recovery through a coordinated investment strategy that, to the maximum extent practical and allowable, prioritizes opportunities: To correct multiple fish barriers in whole streams rather than through individual, isolated projects; to coordinate with other entities sponsoring barrier removals, such as regional fisheries enhancement groups incorporated under this chapter, in a manner that achieves the greatest cost savings to all parties; and to correct barriers located furthest downstream in a stream system. Examples of this principle include: (i) Coordinating with all relevant state agencies and local governments to maximize the habitat recovery value of the investments made by the state to correct fish passage barriers; (ii) Maximizing the habitat recovery value of investments made by public and private forestland owners through the road maintenance and abandonment planning process outlined in the forest practices rules, as that term is defined in RCW 76.09.020 ; (iii) Recognizing that many of the barriers owned by the state are located in the same stream systems as barriers that are owned by cities and counties with limited financial resources for correction and that state-local partnership opportunities should be sought to address these barriers; and (iv) Recognizing the need to continue investments in the family forest fish passage program created pursuant to RCW 76.13.150 and other efforts to address fish passage barriers owned by private parties that are in the same stream systems as barriers owned by public entities. (2) The department shall also provide engineering and other technical services to assist nonstate barrier owners with fish passage barrier removal projects, provided that the barrier removal projects have been identified as a priority by the department and the department has received an appropriation to continue that component of a fish barrier removal program. (3) Nothing in this section is intended to: (a) Alter the process and prioritization methods used in the implementation of the forest practices rules, as that term is defined in RCW 76.09.020 , or the family forest fish passage program, created pursuant to RCW 76.13.150 , that provides public cost assistance to small forestland owners associated with the road maintenance and abandonment processes; or (b) Prohibit or delay fish barrier projects undertaken by the department of transportation or another state agency that are a component of an overall transportation improvement project or that are being undertaken as a direct result of state law, federal law, or a court order. However, the department of transportation or another state agency is required to work in partnership with the fish passage barrier removal board created in RCW 77.95.160 to ensure that the scheduling, staging, and implementation of these projects are, to [the] maximum extent practicable, consistent with the coordinated and prioritized approach adopted by the fish passage barrier removal board.
RCW 77.65.220 — Washington Code / Title 77 / Chapter 65 / Section 220
RCW 77.65.220: Commercial fishery licenses for shellfish fisheries—Fees—Rules for species, gear, and areas.
Status: in_force

(1) This section establishes commercial fishery licenses required for shellfish fisheries and the annual fees for those licenses. The director may issue a limited entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title. Fishery (Governing section(s)) Annual Fee Application Fee Vessel Required? Limited Entry? Resident Nonresident (a) Burrowing shrimp $235 $620 $105 Yes No (b) Crab ring net- $180 $565 $ 70 Yes No Puget Sound (c) Dungeness crab-coastal (RCW 77.70.280 ) $345 $730 $105 Yes Yes (d) Dungeness crab- $180 $565 $105 Yes Yes Puget Sound (RCW 77.70.110 ) (e) Emerging commercial fishery (RCW 77.70.160 and 77.65.400 ) $335 $720 $105 Determined by rule Determined by rule (f) Geoduck (RCW $ 0 $ 0 $ 70 Yes Yes 77.70.220) (g) Hardshell clam $580 $965 $ 70 Yes No mechanical harvester (RCW 77.65.250 ) (h) Nonspot shrimp $335 $720 $105 Yes Yes pot-Puget Sound (RCW 77.70.425 ) (i) Oyster reserve $180 $565 $ 70 No No (RCW 77.65.260 ) (j) Razor clam $180 $565 $105 No No (k) Sea cucumber dive $280 $665 $105 Yes Yes (RCW 77.70.190 ) (l) Sea urchin dive $280 $665 $105 Yes Yes (RCW 77.70.150 ) (m) Shellfish dive $180 $565 $ 70 Yes No (n) Shellfish pot $180 $565 $ 70 Yes No (o) Shrimp pot- $335 $720 $105 Yes Yes Puget Sound (RCW 77.70.410 ) (p) Shrimp trawl- $335 $720 $105 Yes Yes Puget Sound (RCW 77.70.420 ) (q) Spot shrimp-coastal $335 $720 $ 70 Yes Yes (r) Squid $335 $720 $ 70 Yes No (2) The director may by rule determine the species of shellfish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take shellfish in that fishery.
RCW 77.12.570 — Washington Code / Title 77 / Chapter 12 / Section 570
RCW 77.12.570: Game farm licenses—Rules—Exemption.
Status: in_force

The commission shall establish the qualifications and conditions for issuing a game farm license. The director shall adopt rules governing the operation of game farms. Private sector cultured aquatic products as defined in RCW 15.85.020 are exempt from regulation under this section.
RCW 77.44.005 — Washington Code / Title 77 / Chapter 44 / Section 005
RCW 77.44.005: Public interest declaration.
Status: in_force

The legislature declares that the public and private propagation, production, protection, and enhancement of fish is in the public interest.
RCW 77.55.061 — Washington Code / Title 77 / Chapter 55 / Section 061
RCW 77.55.061: Hazardous substance remedial actions—Procedural requirements not applicable.
Status: in_force

The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action under chapter 70A.305 RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70A.305.090 .
RCW 77.70.410 — Washington Code / Title 77 / Chapter 70 / Section 410
RCW 77.70.410: Shrimp pot-Puget Sound fishery—Limited entry fishery—License analogous to personal property—Transferability—Alternate operator designation.
Status: in_force

(1) The shrimp pot-Puget Sound fishery is a limited entry fishery and a person shall not fish for spot shrimp or nonspot shrimp taken from Puget Sound for commercial purposes with shrimp pot gear except under the provisions of a shrimp pot-Puget Sound fishery license issued under RCW 77.65.220 . (2) A shrimp pot-Puget Sound fishery license shall only be issued to a natural person who held a shrimp pot-Puget Sound fishery license during the previous year, except upon the death of the licensee the license shall be treated as analogous to personal property for purposes of inheritance and intestacy. (3) No more than two shrimp pot-Puget Sound fishery licenses may be owned by a licensee. The licensee must transfer the second license into the licensee's name, and designate on the second license the same vessel as is designated on the first license at the time of the transfer. Licensees who hold two shrimp pot-Puget Sound fishery licenses may not transfer one of the two licenses for a 12-month period beginning on the date the second license is transferred to the licensee, but the licensee may transfer both licenses to another natural person. The nontransferability provisions of this subsection start anew for the receiver of the two licenses. Licensees who hold two shrimp pot-Puget sound fishery licenses may fish one and one-half times the maximum number of pots allowed for Puget Sound shrimp, and may retain and land one and one-half times the maximum catch limits established for Puget Sound shrimp taken with shellfish pot gear. (4) Through December 31, 2001, shrimp pot-Puget Sound fishery licenses are transferable only to a current shrimp pot-Puget Sound fishery licensee, or upon death of the licensee. Beginning January 1, 2002, shrimp pot-Puget Sound commercial fishery licenses are transferable, except holders of two shrimp pot-Puget Sound licenses are subject to nontransferability provisions as provided for in this section. (5) Through December 31, 2001, a shrimp pot-Puget Sound licensee may designate any natural person as the alternate operator for the license. Beginning January 1, 2002, a shrimp pot-Puget Sound licensee may designate only an immediate family member, as defined in RCW 77.12.047 , or the immediate family member of a 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 licensee from participating in the fishery. The two-year period may be extended by the director upon recommendation of a department-appointed Puget Sound shrimp pot advisory board. A licensee may designate any natural person as the alternate operator by requesting the Puget Sound shrimp pot advisory board to designate an alternate operator who is not an immediate family member, and upon recommendation of the Puget Sound shrimp pot advisory board, the director may allow designation of an alternate operator who is not an immediate family member.
RCW 77.105.140 — Washington Code / Title 77 / Chapter 105 / Section 140
RCW 77.105.140: Saltwater, combination fishing license—Disposition of fee.
Status: in_force

As provided in RCW 77.32.440 , a portion of each saltwater and combination fishing license fee shall be deposited in the recreational fisheries enhancement account created in RCW 77.105.150 .
RCW 77.125.030 — Washington Code / Title 77 / Chapter 125 / Section 030
RCW 77.125.030: Development of proposed rules—Elements.
Status: in_force

(1) The director, in cooperation with the marine finfish aquatic farmers, shall develop proposed rules for the implementation, administration, and enforcement of marine finfish aquaculture programs. In developing such proposed rules, the director must use a negotiated rule-making process pursuant to RCW 34.05.310 . The proposed rules shall include the following elements: (a) Provisions for the prevention of escapes of cultured marine finfish aquaculture products from enclosures, net pens, or other rearing vessels; (b) Provisions for the development and implementation of management plans to facilitate the most rapid recapture of live marine finfish aquaculture products that have escaped from enclosures, net pens, or other rearing vessels, and to prevent the spread or permanent escape of these products; (c) Provisions for the development of management practices based on the latest available science, to include: (i) Procedures for inspections of marine aquatic farming locations on a regular basis to determine conformity with law and the rules of the department relating to the operation of marine aquatic farming locations. The rules must provide for the recovery of actual costs incurred for required inspections, monitoring, and compliance testing by the department; and (ii) Operating procedures at marine aquatic farming locations to prevent the escape of marine finfish, to include the use of net antifoulants; (d) Provisions for the eradication of those cultured marine finfish aquaculture products that have escaped from enclosures, net pens, or other rearing vessels found spawning in state waters; (e) Provisions for the determination of appropriate species, stocks, and races of marine finfish aquaculture products allowed to be cultured at specific locations and sites; (f) Provisions for the development of an Atlantic salmon watch program similar to the one in operation in British Columbia, Canada. The program must provide for the monitoring of escapes of Atlantic salmon from marine aquatic farming locations, monitor the occurrence of naturally produced Atlantic salmon, determine the impact of Atlantic salmon on naturally produced and cultured finfish stocks, provide a focal point for consolidation of scientific information, and provide a forum for interaction and education of the public; and (g) Provisions for the development of an education program to assist marine aquatic farmers so that they operate in an environmentally sound manner. (2) The department must implement this section consistent with RCW 77.125.050 .
RCW 77.15.250 — Washington Code / Title 77 / Chapter 15 / Section 250
RCW 77.15.250: Unlawful release or possession of fish, shellfish, or wildlife—Penalty—Unlawful release of deleterious exotic wildlife—Penalty.
Status: in_force

(1)(a) A person is guilty of unlawfully releasing, planting, possessing, or placing fish, shellfish, or wildlife if the person knowingly releases, plants, possesses, or places live fish, shellfish, wildlife, or aquatic plants within the state in violation of this title or rule of the department, and the fish, shellfish, or wildlife have not been classified as deleterious wildlife. This subsection does not apply to a release of game fish into private waters for which a game fish stocking permit has been obtained, or the planting of fish or shellfish by permit of the commission. (b) A violation of this subsection is a gross misdemeanor. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, aquatic plants, wildlife, or progeny unlawfully released, planted, possessed, or placed. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, or controlling the fish, shellfish, aquatic plants, wildlife, or progeny unlawfully released, planted, possessed, or placed, or the costs of habitat restoration necessitated by the unlawful release, planting, possession, or placing. (2)(a) A person is guilty of unlawfully releasing, planting, possessing, or placing deleterious exotic wildlife if the person knowingly releases, plants, possesses, or places live fish, shellfish, or wildlife within the state in violation of this title or rule of the department, and the fish, shellfish, or wildlife have been classified as deleterious exotic wildlife by rule of the commission. (b) A violation of this subsection is a class C felony. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, wildlife, or progeny unlawfully released, planted, possessed, or placed. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, or controlling the fish, shellfish, wildlife, or progeny unlawfully released, planted, possessed, or placed, or the costs of habitat restoration necessitated by the unlawful release, planting, possession, or placing.
RCW 77.12.203 — Washington Code / Title 77 / Chapter 12 / Section 203
RCW 77.12.203: In lieu payments authorized—Procedure—Game lands defined.
Status: in_force

(1) Notwithstanding RCW 84.36.010 or other statutes to the contrary, the state treasurer, on behalf of the department, must distribute to counties by April 30th of each year on game lands, regardless of acreage, in each county, if requested by an election under RCW 77.12.201 , an amount in lieu of real property taxes equal to that amount paid on similar parcels of open space land taxable under chapter 84.34 RCW or the greater of seventy cents per acre per year or the amount paid in 1984 plus an additional amount for control of noxious weeds equal to that which would be paid if such lands were privately owned. This amount may not be assessed or paid on department buildings, structures, facilities, game farms, fish hatcheries, water access sites, tidelands, or public fishing areas. (2) "Game lands," as used in this section and RCW 77.12.201 , means those tracts, regardless of acreage, owned in fee by the department and used for wildlife habitat and public recreational purposes. All lands purchased for wildlife habitat, public access, or recreation purposes with federal funds in the Snake River drainage basin are considered game lands regardless of acreage. (3) This section does not apply to lands transferred after April 23, 1990, to the department from other state agencies. (4) The county must distribute the amount received under this section in lieu of real property taxes to all property taxing districts except the state in appropriate tax code areas the same way it would distribute local property taxes from private property. The county must distribute the amount received under this section for weed control to the appropriate weed district.
RCW 77.85.040 — Washington Code / Title 77 / Chapter 85 / Section 040
RCW 77.85.040: Independent science panel on salmon recovery—Purpose.
Status: in_force

(1) The governor may request the Washington academy of sciences, when organized pursuant to chapter 305, Laws of 2005, to impanel an independent science panel on salmon recovery to respond to requests for review pursuant to subsection (2) of this section. The panel shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology. Based upon available funding, the governor's salmon recovery office may contract for services of the independent science panel for compensation under *chapter 39.29 RCW. (2) The independent science panel shall be governed by guidelines and practices governing the activities of the Washington academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office may, during the time it is constituted, request that the panel review, investigate, and provide its findings on scientific questions relating to the state's salmon recovery efforts. The science panel does not have the authority to review individual projects or habitat project lists developed under RCW 77.85.050 or 77.85.060 or to make policy decisions. The panel shall submit its findings and recommendations under this subsection to the legislature and the governor.
RCW 77.75.160 — Washington Code / Title 77 / Chapter 75 / Section 160
RCW 77.75.160: Fish restoration and management projects—Federal act.
Status: in_force

The state assents to the act of congress entitled: "An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes," (64 Stat. 430; 16 U.S.C. Sec. 777). The department shall establish, conduct, and maintain fish restoration and management projects, as defined in the act, and shall comply with the act and related rules adopted by the secretary of the interior.
RCW 77.65.140 — Washington Code / Title 77 / Chapter 65 / Section 140
RCW 77.65.140: Alternate operators—Increase for certain licenses.
Status: in_force

The director may, by rule, increase the number of alternate operators beyond the level authorized by RCW 77.65.050 and 77.65.110 for a commercial fishery license, delivery license, or charter license.
RCW 77.70.020 — Washington Code / Title 77 / Chapter 70 / Section 020
RCW 77.70.020: No harvest opportunity during year—License requirements waived—Effect on license limitation programs.
Status: in_force

(1) The director shall waive license requirements, including landing or poundage requirements, if, during the calendar year that a license issued pursuant to chapter 77.65 RCW is valid, no harvest opportunity occurs in the fishery corresponding to the license. (2) For each license limitation program, where the person failed to hold the license and failed to make landing or poundage requirements because of a license waiver by the director during the previous year, the person shall qualify for a license by establishing that the person held the license during the last year in which the license was not waived.