RCW 77.15.070 — Washington Code / Title 77 / Chapter 15 / Section 070
RCW 77.15.070: Civil forfeiture of property used for violation of chapter.
Status: in_force

(1) Fish and wildlife officers and ex officio fish and wildlife officers may seize without warrant boats, airplanes, vehicles, motorized implements, conveyances, gear, appliances, or other articles they have probable cause to believe have been held with intent to violate or used in violation of this title or rule of the commission or director. However, fish and wildlife officers or ex officio fish and wildlife officers may not seize any item or article, other than for evidence, if under the circumstances, it is reasonable to conclude that the violation was inadvertent. The property seized is subject to forfeiture to the state under this section regardless of ownership. Property seized may be recovered by its owner by depositing with the department or into court a cash bond or equivalent security equal to the value of the seized property but not more than one hundred thousand dollars. Such cash bond or security is subject to forfeiture in lieu of the property. Forfeiture of property seized under this section is a civil forfeiture against property and is intended to be a remedial civil sanction. (2) In the event of a seizure of property under this section, jurisdiction to begin the forfeiture proceedings shall commence upon seizure. Within fifteen days following the seizure, the seizing authority shall serve a written notice of intent to forfeit property on the owner of the property seized and on any person having any known right or interest in the property seized. Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure. (3) Persons claiming a right of ownership or right to possession of property are entitled to a hearing to contest forfeiture. Such a claim shall specify the claim of ownership or possession and shall be made in writing and served on the director within forty-five days of the seizure. If the seizing authority has complied with notice requirements and there is no claim made within forty-five days, then the property shall be forfeited to the state. (4) If any person timely serves the director with a claim to property, the person shall be afforded an opportunity to be heard as to the person's claim or right. The hearing shall be before the director or director's designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that a person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the property seized is more than five thousand dollars. The department may settle a person's claim of ownership prior to the administrative hearing. (5) The hearing to contest forfeiture and any subsequent appeal shall be as provided for in chapter 34.05 RCW, the administrative procedure act. The seizing authority has the burden to demonstrate that it had reason to believe the property was held with intent to violate or was used in violation of this title or rule of the commission or director. The person contesting forfeiture has the burden of production and proof by a preponderance of evidence that the person owns or has a right to possess the property and: (a) That the property was not held with intent to violate or used in violation of this title; or (b) If the property is a boat, airplane, or vehicle, that the illegal use or planned illegal use of the boat, airplane, or vehicle occurred without the owner's knowledge or consent, and that the owner acted reasonably to prevent illegal uses of such boat, airplane, or vehicle. (6) A forfeiture of a conveyance encumbered by a perfected security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission. No security interest in seized property may be perfected after seizure. (7) If seized property is forfeited under this section the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release such property to the agency for the use of enforcing this title, or sell such property, and deposit the proceeds to the fish and wildlife enforcement reward account created in RCW 77.15.425 .
RCW 77.12.184 — Washington Code / Title 77 / Chapter 12 / Section 184
RCW 77.12.184: Deposit of moneys from various activities—Production of regulation booklets.
Status: in_force

(1) The department shall deposit all moneys received from the following activities into the fish, wildlife, and conservation account created in RCW 77.12.170 (3): (a) The sale of interpretive, recreational, historical, educational, and informational literature and materials; (b) The sale of advertisements in regulation pamphlets and other appropriate mediums; and (c) Enrollment fees in department-sponsored educational training events. (2) Moneys collected under subsection (1) of this section shall be spent primarily for producing regulation booklets for users and for the development, production, reprinting, and distribution of informational and educational materials. The department may also spend these moneys for necessary expenses associated with training activities, and other activities as determined by the director. (3) Regulation pamphlets may be subsidized through appropriate advertising, but must be made available free of charge to the users. (4) The director may enter into joint ventures with other agencies and organizations to generate revenue for providing public information and education on wildlife and hunting and fishing rules.
RCW 77.15.110 — Washington Code / Title 77 / Chapter 15 / Section 110
RCW 77.15.110: Acting for commercial purposes—When—Proof.
Status: in_force

(1) For purposes of this chapter, a person acts for commercial purposes if the person engages in conduct that relates to commerce in fish, seaweed, shellfish, or wildlife or any parts thereof. Commercial conduct may include taking, delivering, selling, buying, brokering, or trading fish, seaweed, shellfish, or wildlife where there is present or future exchange of money, goods, or any valuable consideration. Evidence that a person acts for commercial purposes includes, but is not limited to, the following conduct: (a) Using gear typical of that used in commercial fisheries; (b) Exceeding the bag or possession limits for personal use by taking or possessing more than three times the amount of fish, seaweed, shellfish, or wildlife allowed; (c) Delivering or attempting to deliver fish, seaweed, shellfish, or wildlife to a person who sells or resells it; (d) Taking fish or shellfish using a vessel designated on a commercial fishery license or using gear not authorized in a personal use fishery; (e) Using a commercial fishery license; (f) Selling or dealing in raw furs for a fee or in exchange for goods or services; (g) Performing taxidermy service on fish, shellfish, or wildlife belonging to another person for a fee or receipt of goods or services; or (h) Packs, cuts, processes, or stores the meat of wildlife for consumption, for a fee or in exchange for goods or services. (2) For purposes of this chapter, the value of any fish, seaweed, shellfish, or wildlife may be proved based on evidence of legal or illegal sales involving the person charged or any other person, of offers to sell or solicitation of offers to sell by the person charged or by any other person, or of any market price for the fish, seaweed, shellfish, or wildlife including market price for farm-raised game animals. The value assigned to specific fish, seaweed, shellfish, or wildlife by RCW 77.15.420 may be presumed to be the value of such fish, seaweed, shellfish, or wildlife. It is not relevant to proof of value that the person charged misrepresented that the fish, seaweed, shellfish, or wildlife was taken in compliance with law if the fish, seaweed, shellfish, or wildlife was unlawfully taken and had no lawful market value.
RCW 77.12.047 — Washington Code / Title 77 / Chapter 12 / Section 047
RCW 77.12.047: Scope of commission's authority to adopt rules—Application to private tideland owners or lessees of the state.
Status: in_force

(1) The commission may adopt, amend, or repeal rules as follows: (a) Specifying the times when the taking of wildlife, fish, or shellfish is lawful or unlawful. (b) Specifying the areas and waters in which the taking and possession of wildlife, fish, or shellfish is lawful or unlawful. (c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take wildlife, fish, or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed. (d) Regulating the importation, transportation, possession, disposal, landing, and sale of wildlife, fish, shellfish, or seaweed within the state, whether acquired within or without the state. However, this authority must be exercised consistent with RCW 77.125.050 and 77.125.060 . Additionally, the rules of the department must prohibit any person, including department staff, from translocating a live elk from an area with elk affected by hoof disease to any other location except: (i) Consistent with a process developed by the department with input from the affected federally recognized tribes for translocation for monitoring or hoof disease management purposes; or (ii) Within an elk herd management plan area affected by hoof disease. (e) Regulating the prevention and suppression of diseases and pests affecting wildlife, fish, or shellfish. (f) Regulating the size, sex, species, and quantities of wildlife, fish, or shellfish that may be taken, possessed, sold, or disposed of. (g) Specifying the statistical and biological reports required from fishers, dealers, boathouses, or processors of wildlife, fish, or shellfish. (h) Classifying species of marine and freshwater life as food fish or shellfish. (i) Classifying the species of wildlife, fish, and shellfish that may be used for purposes other than human consumption. (j) Regulating the taking, sale, possession, and distribution of wildlife, fish, shellfish, or deleterious exotic wildlife. (k) Establishing game reserves and closed areas where hunting for wild animals or wild birds may be prohibited. (l) Regulating the harvesting of fish, shellfish, and wildlife in the federal exclusive economic zone by vessels or individuals registered or licensed under the laws of this state. (m) Authorizing issuance of permits to release, plant, or place fish or shellfish in state waters. (n) Governing the possession of fish, shellfish, or wildlife so that the size, species, or sex can be determined visually in the field or while being transported. (o) Other rules necessary to carry out this title and the purposes and duties of the department. (2)(a) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to private tideland owners and lessees and the immediate family members of the owners or lessees of state tidelands, when they take or possess oysters, clams, cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use. (b) "Immediate family member" for the purposes of this section means a spouse, brother, sister, grandparent, parent, child, or grandchild. (3) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020 . Subsection (1)(g) of this section does apply to such products.
RCW 77.12.650 — Washington Code / Title 77 / Chapter 12 / Section 650
RCW 77.12.650: Protection of bald eagles and their habitats—Cooperation required.
Status: in_force

The department shall cooperate with other local, state, and federal agencies and governments to protect bald eagles and their essential habitats through existing governmental programs, including but not limited to: (1) The natural heritage program managed by the department of natural resources under chapter 79.70 RCW; (2) The natural area preserve program managed by the department of natural resources under chapter 79.70 RCW; (3) The shoreline management master programs adopted by local governments and approved by the department of ecology under chapter 90.58 RCW.
RCW 77.55.091 — Washington Code / Title 77 / Chapter 55 / Section 091
RCW 77.55.091: Small scale prospecting and mining—Rules.
Status: in_force

(1) Small scale prospecting and mining shall not require a permit under this chapter if the prospecting is conducted in accordance with rules established by the department. (2) By December 31, 1998, the department shall adopt rules applicable to small scale prospecting and mining activities subject to this section. The department shall develop the rules in cooperation with the recreational mining community and other interested parties. (3) Within two months of adoption of the rules, the department shall distribute an updated gold and fish pamphlet that describes methods of mineral prospecting that are consistent with the department's rule. The pamphlet shall be written to clearly indicate the prospecting methods that require a permit under this chapter and the prospecting methods that require compliance with the pamphlet. To the extent possible, the department shall use the provisions of the gold and fish pamphlet to minimize the number of specific provisions of a written permit issued under this chapter.
RCW 77.55.121 — Washington Code / Title 77 / Chapter 55 / Section 121
RCW 77.55.121: Habitat incentives program—Goal—Requirements of agreement—Application evaluation factors.
Status: in_force

(1) Beginning in January 1998, the department and the department of natural resources shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties. The program shall allow a private landowner to enter into an agreement with the departments to enhance habitat on the landowner's property for food fish, game fish, or other wildlife species. In exchange, the landowner shall receive state regulatory certainty with regard to future applications for a permit or a forest practices permit on the property covered by the agreement. The overall goal of the program is to provide a mechanism that facilitates habitat development on private property while avoiding an adverse state regulatory impact to the landowner at some future date. A single agreement between the departments and a landowner may encompass up to one thousand acres. A landowner may enter into multiple agreements with the departments, provided that the total acreage covered by such agreements with a single landowner does not exceed ten thousand acres. The departments are not obligated to enter into an agreement unless the departments find that the agreement is in the best interest of protecting fish or wildlife species or their habitat. (2) A habitat incentives agreement shall be in writing and shall contain at least the following: (a) A description of the property covered by the agreement; (b) an expiration date; (c) a description of the condition of the property prior to the implementation of the agreement; and (d) other information needed by the landowner and the departments for future reference and decisions. (3) As part of the agreement, the department may stipulate the factors that will be considered when the department evaluates a landowner's application for a permit on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of natural resources and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of a permit must be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise. (4) As part of the agreement, the department of natural resources may stipulate the factors that will be considered when the department of natural resources evaluates a landowner's application for a forest practices permit under chapter 76.09 RCW on property covered by the agreement. The department of natural resources' identification of these evaluation factors shall be in concurrence with the department and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of forest practices permits shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise. (5) The agreement is binding on and may be used by only the landowner who entered into the agreement with the department. The agreement shall not be appurtenant with the land. However, if a new landowner chooses to maintain the habitat enhancement efforts on the property, the new landowner and the department and the department of natural resources may jointly choose to retain the agreement on the property. (6) If the department and the department of natural resources receive multiple requests for agreements with private landowners under the habitat incentives program, the departments shall prioritize these requests and shall enter into as many agreements as possible within available budgetary resources.
RCW 77.32.550 — Washington Code / Title 77 / Chapter 32 / Section 550
RCW 77.32.550: Group fishing permit.
Status: in_force

(1) A group fishing permit allows a group of individuals to fish, and harvest shellfish, without individual licenses or the payment of individual license fees. The department must also provide, without charge, any applicable catch record cards. (2) The director must issue a group fishing permit on a seasonal basis to: A state-operated facility or state-licensed nonprofit facility or program for persons with physical or mental disabilities, hospital patients, seriously or terminally ill persons, persons who are dependent on the state because of emotional or physical developmental disabilities, or senior citizens who are in the care of the facility; or a state or local agency or nonprofit organization operating a program for at-risk youth. The permit is valid only for use during open season. (3) The director may set conditions and issue a group fishing permit to groups working in partnership with and participating in department outdoor education programs. At the discretion of the director, a processing fee may be applied. (4) The commission may adopt rules that provide the conditions under which a group fishing permit is issued.
RCW 77.55.181 — Washington Code / Title 77 / Chapter 55 / Section 181
RCW 77.55.181: Fish habitat enhancement project—Permit review and approval process—Fees—Limitation of liability.
Status: in_force

(1)(a) In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under this section and must be a project to accomplish one or more of the following tasks: (i) Elimination of human-made or caused fish passage barriers, including: (A) Culvert repair and replacement; and (B) Fish passage barrier removal projects that comply with the forest practices rules, as the term "forest practices rules" is defined in RCW 76.09.020 ; (ii) Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; (iii) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks; or (iv) Restoration of native kelp and eelgrass beds and restoring native oysters. (b) The department shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this section if the department determines that the scale of the project raises concerns regarding public health and safety. (c) A fish habitat enhancement project must be approved in one of the following ways in order to receive the permit review and approval process created in this section: (i) By the department pursuant to chapter 77.95 or 77.100 RCW; (ii) By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW; (iii) By the department as a department-sponsored fish habitat enhancement or restoration project; (iv) Through the review and approval process for the jobs for the environment program; (v) By conservation districts as conservation district-sponsored fish habitat enhancement or restoration projects; (vi) Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration; (vii) By federally recognized tribes as tribally sponsored fish habitat enhancement projects or restoration projects; (viii) Through the department of transportation's environmental retrofit program as a stand-alone fish passage barrier correction project, or the fish passage barrier correction portion of a larger transportation project; (ix) Through a local, state, or federally approved fish barrier removal grant program designed to assist local governments in implementing stand-alone fish passage barrier corrections; (x) By a city or county for a stand-alone fish passage barrier correction project funded by the city or county; (xi) Through the approval process established for forest practices hydraulic projects in chapter 76.09 RCW; or (xii) Through other formal review and approval processes established by the legislature. (2) Fish habitat enhancement projects meeting the criteria of subsection (1) of this section are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of subsection (1) of this section and being reviewed and approved according to the provisions of this section are not subject to the requirements of RCW 43.21C.030 (2)(c). (3)(a) A permit is required for projects that meet the criteria of subsection (1) of this section and are being reviewed and approved under this section. An applicant shall use a joint aquatic resource permit application form developed by the office of regulatory assistance to apply for approval under this chapter. The department of transportation shall use the department's online permit application system or a joint aquatic resource permit application form developed by the office of regulatory assistance to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the department and to each appropriate local government. Applicants for a forest practices hydraulic project that are not otherwise required to submit a joint aquatic resource permit application must submit a copy of their forest practices application to the appropriate local government on the same day that they submit the forest practices application to the department of natural resources. (b) Local governments shall accept the application identified in this section as notice of the proposed project. A local government shall be provided with a 15-day comment period during which it may transmit comments regarding environmental impacts to the department or, for forest practices hydraulic projects, to the department of natural resources. (c)(i) Except for forest practices hydraulic projects, the department shall, within 45 days, either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. The department shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by the conditioning of a permit. Permitting decisions over forest practices hydraulic approvals must be made consistent with chapter 76.09 RCW. (ii) For department of transportation fish passage barrier correction projects, the department of fish and wildlife shall, within 30 days, either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. (d) If the department determines that the review and approval process created by this section is not appropriate for the proposed project, the department shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes. (e) Any person aggrieved by the approval, denial, conditioning, or modification of a permit other than a forest practices hydraulic project under this section may appeal the decision as provided in RCW 77.55.021 (8). Appeals of a forest practices hydraulic project may be made as provided in chapter 76.09 RCW. (4) No local government may require permits or charge fees for fish habitat enhancement projects that meet the criteria of subsection (1) of this section and that are reviewed and approved according to the provisions of this section, except that, pursuant to chapter 86.16 RCW, a local government may impose such requirements, or charge such fees, or both, only as may be necessary in order for the local government to administer the national flood insurance program regulation requirements. (5) No civil liability may be imposed by any court on the state or its officers and employees for any adverse impacts resulting from a fish enhancement project permitted by the department or the department of natural resources under the criteria of this section except upon proof of gross negligence or willful or wanton misconduct.
RCW 77.50.070 — Washington Code / Title 77 / Chapter 50 / Section 070
RCW 77.50.070: Limitation on salmon fishing gear in Pacific Ocean.
Status: in_force

(1) Except as provided in subsection (2) of this section, the commission shall not authorize gear other than troll gear or angling gear for taking salmon within the offshore waters or the waters of the Pacific Ocean over which the state has jurisdiction lying west of the following line: Commencing at the point of intersection of the international boundary line in the Strait of Juan de Fuca and a line drawn between the lighthouse on Tatoosh Island in Clallam County and Bonilla Point on Vancouver Island; thence southerly to the lighthouse on Tatoosh Island; thence southerly to the most westerly point of Cape Flattery; thence southerly along the state shoreline of the Pacific Ocean, crossing any river mouths at their most westerly points of land, to Point Brown at the entrance to Grays Harbor; thence southerly to Point Chehalis Light on Point Chehalis; thence southerly from Point Chehalis along the state shoreline of the Pacific Ocean to the Cape Shoalwater tower at the entrance to Willapa Bay; thence southerly to Leadbetter Point; thence southerly along the state shoreline of the Pacific Ocean to the inshore end of the North jetty at the entrance to the Columbia River; thence southerly to the knuckle of the South jetty at the entrance to said river. (2) The commission may authorize the use of nets for taking salmon in the waters described in subsection (1) of this section for scientific investigations.
RCW 77.100.150 — Washington Code / Title 77 / Chapter 100 / Section 150
RCW 77.100.150: Cedar river spawning channel—Legislative declaration.
Status: in_force

The legislature hereby declares that the construction of the Cedar river sockeye spawning channel is in the best interests of the state of Washington.
RCW 77.95.030 — Washington Code / Title 77 / Chapter 95 / Section 030
RCW 77.95.030: Salmon enhancement plan—Enhancement projects.
Status: in_force

(1) The commission shall develop a detailed salmon enhancement plan with proposed enhancement projects. The plan and the regional policy statements shall be submitted to the secretary of the senate and chief clerk of the house of representatives for legislative distribution by June 30, 1986. The enhancement plan and regional policy statements shall be provided by June 30, 1986, to the natural resources committees of the house of representatives and the senate. The commission shall provide a maximum opportunity for the public to participate in the development of the salmon enhancement plan. To insure full participation by all interested parties, the commission shall solicit and consider enhancement project proposals from Indian tribes, sports fishers, commercial fishers, private aquaculturists, and other interested groups or individuals for potential inclusion in the salmon enhancement plan. Joint or cooperative enhancement projects shall be considered for funding. (2) The following criteria shall be used by the commission in formulating the project proposals: (a) Compatibility with the long-term policy statement; (b) Benefit/cost analysis; (c) Needs of all fishing interests; (d) Compatibility with regional plans, including harvest management plans; (e) Likely increase in resource productivity; (f) Direct applicability of any research; (g) Salmon advisory council recommendations; (h) Compatibility with federal court orders; (i) Coordination with the salmon and steelhead advisory commission program; (j) Economic impact to the state; (k) Technical feasibility; and (l) Preservation of native salmon runs. (3) The commission shall not approve projects that serve as replacement funding for projects that exist prior to May 21, 1985, unless no other sources of funds are available. (4) The commission shall prioritize various projects and establish a recommended implementation time schedule.
RCW 77.85.020 — Washington Code / Title 77 / Chapter 85 / Section 020
RCW 77.85.020: Consolidated report on salmon recovery and watershed health.
Status: in_force

(1) Beginning December 2010, the recreation and conservation office shall produce a biennial report on the statewide status of salmon recovery and watershed health, summarize projects and programs funded by the salmon recovery funding board, and summarize progress as measured by high-level indicators and state agency compliance with applicable protocols established by the forum for monitoring salmon recovery and watershed health. The report must be a consolidation of the current reporting activities, including the salmon recovery funding board and the forum on monitoring salmon recovery and watershed health, on the status of salmon recovery and watershed health in Washington state, in accordance with *RCW 77.85.250 (8). The report shall also include a high-level status report on watershed planning efforts under chapter 90.82 RCW as summarized by the department of ecology and on salmon recovery and watershed planning as summarized by the Puget Sound partnership. The report's introduction must include a list of high-level questions related to the status of watershed health and salmon recovery to help decision makers and the public respond to salmon recovery and watershed health management needs. (2) The department, the department of ecology, the department of natural resources, and the state conservation commission shall provide to the recreation and conservation office information requested by the office necessary to prepare the consolidated report on salmon recovery and watershed health.
RCW 77.04.060 — Washington Code / Title 77 / Chapter 04 / Section 060
RCW 77.04.060: Commission—Meetings—Officers—Compensation, travel expenses.
Status: in_force

The commission shall hold at least one regular meeting during the first two months of each calendar quarter, and special meetings when called by the chair and by five members. Five members constitute a quorum for the transaction of business. The commission at a meeting in each odd-numbered year shall elect one of its members as chair and another member as vice chair, each of whom shall serve for a term of two years or until a successor is elected and qualified. Members of the commission shall be compensated in accordance with RCW 43.03.250 . In addition, members are allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060 .
RCW 77.15.050 — Washington Code / Title 77 / Chapter 15 / Section 050
RCW 77.15.050: "Conviction" defined.
Status: in_force

(1) Unless the context clearly requires otherwise, as used in this chapter, "conviction" means a final conviction in a state or municipal court. (2) A plea of guilty or a finding of guilt for a violation of this title or department rule constitutes a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended.
RCW 77.12.765 — Washington Code / Title 77 / Chapter 12 / Section 765
RCW 77.12.765: Tilton and Cowlitz rivers—Proposals to reinstate salmon and steelhead.
Status: in_force

The director shall develop proposals to reinstate the natural salmon and steelhead trout fish runs in the Tilton and upper Cowlitz rivers in accordance with RCW 77.04.120 (3).
RCW 77.12.240 — Washington Code / Title 77 / Chapter 12 / Section 240
RCW 77.12.240: Authority to take wildlife—Disposition.
Status: in_force

(1) The department may authorize the removal or killing of wildlife that is destroying or injuring property, or when it is necessary for wildlife management or research. (2) The department shall dispose of wildlife taken or possessed by them under this title in the manner determined by the director to be in the best interest of the state. Proceeds from sales shall be deposited in the state treasury to be credited to the fish, wildlife, and conservation account created in RCW 77.12.170 (3).
RCW 77.100.070 — Washington Code / Title 77 / Chapter 100 / Section 070
RCW 77.100.070: Agreements for cooperative projects—Duration.
Status: in_force

Agreements under this chapter may be for up to five years, with the department attempting to maximize the duration of each cooperative agreement. The duration of the agreement should reflect the financial and volunteer commitment and the stability of the volunteer group as well as the department's expectation of resource availability and project contributions to the resource.
RCW 77.15.135 — Washington Code / Title 77 / Chapter 15 / Section 135
RCW 77.15.135: Unlawful sale, purchase, trade, barter, or distribution of covered animal species part or product—Penalty—Report to the legislature—Adoption of rules.
Status: in_force

(1) Except as authorized in subsections (2) and (3) of this section, it is unlawful for a person to sell, offer to sell, purchase, trade, barter for, or distribute any covered animal species part or product. (2) The prohibitions set forth in subsection (1) of this section do not apply if any of the following conditions is [are] satisfied: (a) The covered animal species part or product is part of a bona fide antique, provided the antique status of such an antique is established by the owner or seller thereof with historical documentation evidencing provenance and showing the antique to be not less than one hundred years old, and the covered animal species part or product is less than fifteen percent by volume of such an antique; (b) The distribution of the covered animal species part or product is for a bona fide educational or scientific purpose, or to or from a museum; (c) The distribution of the covered animal species part or product is to a legal beneficiary of an estate, trust, or other inheritance, upon the death of the owner of the covered animal species part or product; (d) The covered animal species part or product is less than fifteen percent by volume of a musical instrument, including, without limitation, string instruments and bows, wind and percussion instruments, and pianos; or (e) The intrastate sale, offer for sale, purchase, trade, barter for, or distribution of the covered animal species part or product is expressly authorized by federal law or permit. (3) The prohibitions set forth in subsection (1) of this section do not apply to an employee or agent of a federal, state, or local government undertaking any law enforcement activity pursuant to federal, state, or local law or any mandatory duty required by federal, state, or local law. (4)(a) Except as otherwise provided in this section, a person is guilty of unlawful trafficking in species threatened with extinction in the second degree if the person commits the act described in subsection (1) of this section and the violation involves covered animal species parts or products with a total market value of less than two hundred fifty dollars. (b) Except as otherwise provided in this section, a person is guilty of unlawful trafficking in species threatened with extinction in the first degree if the person commits the act described by subsection (1) of this section and the violation: (i) Involves covered animal species parts or products with a total market value of two hundred fifty dollars or more; (ii) Occurs after entry of a prior conviction under this section; or (iii) Occurs within five years of entry of a prior conviction for any other gross misdemeanor or felony under this chapter. (c) Unlawful trafficking in species threatened with extinction in the second degree is a gross misdemeanor. (d) Unlawful trafficking in species threatened with extinction in the first degree is a class C felony. (e) If a person commits the act described by subsection (1) of this section and such an act also would be a violation of any other criminal provision of this title, the prosecuting authority has discretion as to which crime or crimes the person is charged as long as the charges are consistent with any limitations in the state and federal Constitutions. (5) In addition to the penalties set forth in subsection (4) of this section, if a person is convicted of violating this section, the court shall require payment of a criminal wildlife penalty assessment in the amount of two thousand dollars that must be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the fish and wildlife enforcement reward account created in RCW 77.15.425 . (6) If two or more people are convicted under subsection (1) of this section, the criminal wildlife penalty assessment under this section must be imposed against each person jointly and severally. (7) The criminal wildlife penalty assessment provided in this section must be doubled if the person is convicted of unlawful trafficking in species threatened with extinction in the first degree. (8) By January 1, 2017, and thereafter annually, the director shall provide a comprehensive report outlining current and future enforcement activities and strategies related to chapter 2, Laws of 2016, including recommendations regarding any necessary changes, to the relevant policy and fiscal committees of the senate and house of representatives. (9) The commission may adopt rules necessary for the implementation and enforcement of chapter 2, Laws of 2016.
RCW 77.15.245 — Washington Code / Title 77 / Chapter 15 / Section 245
RCW 77.15.245: Unlawful practices—Black bear baiting—Exceptions—Illegal hunting—Use of dogs—Exceptions—Penalties.
Status: in_force

(1) Notwithstanding the provisions of RCW 77.12.240 , 77.36.030 , or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait. (a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. (b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland. (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes. (d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them. (2) Notwithstanding RCW 77.12.240 , 77.36.030 , or any other provisions of law, it is unlawful to hunt or pursue black bear, cougar, or bobcat with the aid of a dog or dogs. (a) Nothing in this subsection shall be construed to prohibit the hunting of black bear, cougar, or bobcat with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. A dog or dogs may be used by the owner or tenant of real property consistent with a permit issued and conditioned by the director. (b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit, capture and relocation, of black bear, cougar, or bobcat for scientific purposes. (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the killing of black bear, cougar, or bobcat, for the protection of a state and/or federally listed threatened or endangered species. (d) Nothing in this subsection may be construed to prohibit nonlethal pursuit training of dogs by persons selected through the process established in RCW 77.12.077 for future use for the purpose of protecting livestock, domestic animals, private property, or the public safety. (3) Notwithstanding subsection (2) of this section, the commission may authorize the use of dogs only in selected areas within a game management unit to address a public safety need presented by one or more cougar. This authority may only be exercised after the commission has determined that no other practical alternative to the use of dogs exists, and after the commission has adopted rules describing the conditions in which dogs may be used. Conditions that may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock and cougar/pet depredations, and the number of cougar capture attempts and relocations. (4) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the department shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and order the suspension of wildlife hunting privileges for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time.
RCW 77.130.040 — Washington Code / Title 77 / Chapter 130 / Section 040
RCW 77.130.040: Property owner entitled to receive money.
Status: in_force

If the owner of the personal property so sold, or the owner's legal representative, shall, at any time within three years after the money has been deposited in the fish and wildlife enforcement reward account, furnish satisfactory evidence to the state treasurer of the ownership of the personal property, the owner or the owner's legal representative is entitled to receive from the fish and wildlife enforcement reward account the amount so deposited, with interest.
RCW 77.32.620 — Washington Code / Title 77 / Chapter 32 / Section 620
RCW 77.32.620: Combination licenses for hunting and fishing activities—Temporary discounted promotional pricing.
Status: in_force

(1) The commission may adopt rules to create and sell combination licenses for all hunting and fishing activities at or below a fee equal to the total cost of the individual license contained within any combination. This includes, but is not limited to, discounts for seniors and those that meet the qualifications, such as veterans who are disabled as specified in RCW 77.32.480 . Combination licenses may span one or more license years. (2) The director may offer temporary discounted promotional pricing to increase angler, hunting, or wildlife viewing participation.
RCW 77.75.070 — Washington Code / Title 77 / Chapter 75 / Section 070
RCW 77.75.070: Wildlife violator compact—Established.
Status: in_force

The wildlife violator compact is hereby established in the form substantially as follows, and the Washington state department of fish and wildlife is authorized to enter into such compact on behalf of the state with all other jurisdictions legally joining therein: ARTICLE I FINDINGS, DECLARATION OF POLICY, AND PURPOSE (a) The party states find that: (1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors. (2) The protection of their respective wildlife resources can be materially affected by the degree of compliance with state statute, law, regulation, ordinance, or administrative rule relating to the management of those resources. (3) The preservation, protection, management, and restoration of wildlife contributes immeasurably to the aesthetic, recreational, and economic aspects of these natural resources. (4) Wildlife resources are valuable without regard to political boundaries, therefore, all persons should be required to comply with wildlife preservation, protection, management, and restoration laws, ordinances, and administrative rules and regulations of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or possess wildlife. (5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property. (6) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states. (7) In most instances, a person who is cited for a wildlife violation in a state other than the person's home state: (i) Must post collateral or bond to secure appearance for a trial at a later date; or (ii) If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or (iii) Is taken directly to court for an immediate appearance. (8) The purpose of the enforcement practices described in paragraph (7) of this subdivision is to ensure compliance with the terms of a wildlife citation by the person who, if permitted to continue on the person's way after receiving the citation, could return to the person's home state and disregard the person's duty under the terms of the citation. (9) In most instances, a person receiving a wildlife citation in the person's home state is permitted to accept the citation from the officer at the scene of the violation and to immediately continue on the person's way after agreeing or being instructed to comply with the terms of the citation. (10) The practice described in paragraph (7) of this subdivision causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some alternative arrangement can be made. (11) The enforcement practices described in paragraph (7) of this subdivision consume an undue amount of law enforcement time. (b) It is the policy of the party states to: (1) Promote compliance with the statutes, laws, ordinances, regulations, and administrative rules relating to management of wildlife resources in their respective states. (2) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a party state and treat this suspension as if it had occurred in their state. (3) Allow violators to accept a wildlife citation, except as provided in subdivision (b) of Article III, and proceed on the violator's way without delay whether or not the person is a resident in the state in which the citation was issued, provided that the violator's home state is party to this compact. (4) Report to the appropriate party state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state. (5) Allow the home state to recognize and treat convictions recorded for their residents which occurred in another party state as if they had occurred in the home state. (6) Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state. (7) Maximize effective use of law enforcement personnel and information. (8) Assist court systems in the efficient disposition of wildlife violations. (c) The purpose of this compact is to: (1) Provide a means through which the party states may participate in a reciprocal program to effectuate policies enumerated in subdivision (b) of this article in a uniform and orderly manner. (2) Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the person's right of due process and the sovereign status of a party state. ARTICLE II DEFINITIONS Unless the context requires otherwise, the definitions in this article apply through this compact and are intended only for the implementation of this compact: (a) "Citation" means any summons, complaint, ticket, penalty assessment, or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order which requires the person to respond. (b) "Collateral" means any cash or other security deposited to secure an appearance for trial, in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation. (c) "Compliance" with respect to a citation means the act of answering the citation through appearance at a court, a tribunal, or payment of fines, costs, and surcharges, if any, or both such appearance and payment. (d) "Conviction" means a conviction, including any court conviction, of any offense related to the preservation, protection, management, or restoration of wildlife which is prohibited by state statute, law, regulation, ordinance, or administrative rule, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, or payment of a penalty assessment, or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court. (e) "Court" means a court of law, including Magistrate's Court and the Justice of the Peace Court. (f) "Home state" means the state of primary residence of a person. (g) "Issuing state" means the party state which issues a wildlife citation to the violator. (h) "License" means any license, permit, or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, regulation, ordinance, or administrative rule of a party state. (i) "Licensing authority" means the department or division within each party state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife. (j) "Party state" means any state which enacts legislation to become a member of this wildlife compact. (k) "Personal recognizance" means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of that citation. (l) "State" means any state, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada, or other countries. (m) "Suspension" means any revocation, denial, or withdrawal of any or all license privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by any license. (n) "Terms of the citation" means those conditions and options expressly stated upon the citation. (o) "Wildlife" means all species of animals, including but not necessarily limited to mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as "wildlife" and are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative rule in a party state. "Wildlife" also means food fish and shellfish as defined by statute, law, regulation, ordinance, or administrative rule in a party state. Species included in the definition of "wildlife" vary from state to state and determination of whether a species is "wildlife" for the purposes of this compact shall be based on local law. (p) "Wildlife law" means any statute, law, regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof. (q) "Wildlife officer" means any individual authorized by a party state to issue a citation for a wildlife violation. (r) "Wildlife violation" means any cited violation of a statute, law, regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof. ARTICLE III PROCEDURES FOR ISSUING STATE (a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state and shall not require the person to post collateral to secure appearance, subject to the exceptions contained in subdivision (b) of this article, if the officer receives the person's personal recognizance that the person will comply with the terms of the citation. (b) Personal recognizance is acceptable: (1) If not prohibited by local law or the compact manual; and (2) If the violator provides adequate proof of the violator's identification to the wildlife officer. (c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the party state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain the information specified in the compact manual as minimum requirements for effective processing by the home state. (d) Upon receipt of the report of conviction or noncompliance required by subdivision (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in a form and content as contained in the compact manual. ARTICLE IV PROCEDURES FOR HOME STATE (a) Upon receipt of a report of failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator, shall initiate a suspension action in accordance with the home state's suspension procedures and shall suspend the violator's license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded. (b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records and shall treat such conviction as if it occurred in the home state for the purposes of the suspension of license privileges. (c) The licensing authority of the home state shall maintain a record of actions taken and make reports to issuing states as provided in the compact manual. ARTICLE V RECIPROCAL RECOGNITION OF SUSPENSION All party states shall recognize the suspension of license privileges of any person by any state as if the violation on which the suspension is based had in fact occurred in their state and could have been the basis for suspension of license privileges in their state. ARTICLE VI APPLICABILITY OF OTHER LAWS Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement. ARTICLE VII COMPACT ADMINISTRATOR PROCEDURES (a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one representative from each of the party states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each party state and will serve and be subject to removal in accordance with the laws of the state the administrator represents. A compact administrator may provide for the discharge of the administrator's duties and the performance of the administrator's functions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of the alternate's identity has been given to the board. (b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor thereof. Action by the board shall be only at a meeting at which a majority of the party states are represented. (c) The board shall elect annually, from its membership, a chairperson and vice chairperson. (d) The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party state, for the conduct of its business and shall have the power to amend and rescind its bylaws. (e) The board may accept for any of its purposes and functions under this compact all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize, and dispose of the same. (f) The board may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, corporation, or any private nonprofit organization or institution. (g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in the compact manual. ARTICLE VIII ENTRY INTO COMPACT AND WITHDRAWAL (a) This compact shall become effective when it has been adopted by at least two states. (b)(1) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairperson of the board. (2) The resolution shall be in a form and content as provided in the compact manual and shall include statements that in substance are as follows: (i) A citation of the authority by which the state is empowered to become a party to this compact; (ii) Agreement to comply with the terms and provisions of the compact; and (iii) That compact entry is with all states then party to the compact and with any state that legally becomes a party to the compact. (3) The effective date of entry shall be specified by the applying state, but shall not be less than sixty days after notice has been given by the chairperson of the board of compact administrators or by the secretariat of the board to each party state that the resolution from the applying state has been received. (c) A party state may withdraw from this compact by official written notice to the other party states, but a withdrawal shall not take effect until ninety days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal shall affect the validity of this compact as to the remaining party states. ARTICLE IX AMENDMENTS TO THE COMPACT (a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of compact administrators and may be initiated by one or more party states. (b) Adoption of an amendment shall require endorsement by all party states and shall become effective thirty days after the date of the last endorsement. (c) Failure of a party state to respond to the compact chairperson within one hundred twenty days after receipt of the proposed amendment shall constitute endorsement. ARTICLE X CONSTRUCTION AND SEVERABILITY This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. ARTICLE XI TITLE This compact shall be known as the wildlife violator compact.
RCW 77.32.240 — Washington Code / Title 77 / Chapter 32 / Section 240
RCW 77.32.240: Scientific permit—Procedures—Penalties—Fees.
Status: in_force

A scientific permit allows the holder to collect for research or display food fish, game fish, shellfish, and wildlife, including avian nests and eggs as required in RCW 77.32.010 , under conditions prescribed by the director. Before a permit is issued, the applicant shall demonstrate to the director their qualifications and establish the need for the permit. The director may require a bond of up to one thousand dollars to ensure compliance with the permit. Permits are valid for the time specified, unless sooner revoked. Holders of permits may exchange specimens with the approval of the director. A permit holder who violates this section shall forfeit the permit and bond and shall not receive a similar permit for one year. The fee for a scientific permit is twelve dollars. The application fee is one hundred five dollars.
RCW 77.65.460 — Washington Code / Title 77 / Chapter 65 / Section 460
RCW 77.65.460: Trapper's license—Training program or examination requisite for issuance to initial licensee.
Status: in_force

Persons purchasing a state trapping license for the first time shall present certification of completion of a course of instruction in safe, humane, and proper trapping techniques or pass an examination to establish that the applicant has the requisite knowledge. The director shall establish a program for training persons in trapping techniques and responsibilities, including the use of trapping devices designed to painlessly capture or instantly kill. The director shall cooperate with national and state animal, humane, hunter education, and trapping organizations in the development of a curriculum. Upon successful completion of the course, trainees shall receive a trapper's training certificate signed by an authorized instructor. This certificate is evidence of compliance with this section.
RCW 77.12.037 — Washington Code / Title 77 / Chapter 12 / Section 037
RCW 77.12.037: Acquisition, use, and management of property—Condemnation—When authorized.
Status: in_force

*** CHANGE IN 2026 *** (SEE 6003-S.SL ) ***

The commission may acquire by gift, easement, purchase, lease, or condemnation lands, buildings, water rights, rights-of-way, or other necessary property, and construct and maintain necessary facilities for purposes consistent with this title. The commission may authorize the director to acquire property under this section, but the power of condemnation may only be exercised by the director when an appropriation has been made by the legislature for the acquisition of a specific property, except to clear title and acquire access rights-of-way. The commission may sell, lease, convey, or grant concessions upon real or personal property under the control of the department. During the 2025-2027 fiscal biennium, this section does not apply to the sale of land pursuant to section 3102, chapter 414, Laws of 2025.
RCW 77.55.051 — Washington Code / Title 77 / Chapter 55 / Section 051
RCW 77.55.051: Spartina/purple loosestrife—Removal or control.
Status: in_force

(1) An activity conducted solely for the removal or control of spartina does not require a permit. (2) An activity conducted solely for the removal or control of purple loosestrife and which is performed with handheld tools, handheld equipment, or equipment carried by a person does not require a permit.
RCW 77.65.370 — Washington Code / Title 77 / Chapter 65 / Section 370
RCW 77.65.370: Food fish guide license—Game fish guide license.
Status: in_force

(1) A person shall not offer or perform the services of a food fish guide without a food fish guide license in the taking of food fish for personal use, except that a charter boat license is required to operate a vessel from which a person may for a fee fish for food fish in state waters listed in RCW 77.65.150 (4)(b). (2) A person shall not offer or perform the services of a game fish guide without a game fish guide license in the taking of game fish for personal use. (3) Only an individual at least sixteen years of age may hold a food fish guide or game fish guide license. No individual may hold more than one food fish guide or game fish guide license. (4) An application for a food fish guide or game fish guide license must include the information required in RCW 77.65.560 . (5) A food fish guide license purchased by a person, firm, or business on behalf of an employee is subject to RCW 77.65.600 . (6) A food fish guide, a game fish guide, or a combination guide may sell recreational one-day temporary combination fishing licenses as described in RCW 77.32.470 .
RCW 77.70.200 — Washington Code / Title 77 / Chapter 70 / Section 200
RCW 77.70.200: Herring spawn on kelp fishery licenses—Number limited.
Status: in_force

The legislature finds that the wise management of Washington state's herring resource is of paramount importance to the people of the state. The legislature finds that herring are an important part of the food chain for a number of the state's living marine resources. The legislature finds that both open and closed pond "spawn on kelp" harvesting techniques allow for an economic return to the state while at the same time providing for the proper management of the herring resource. The legislature finds that limitations on the number of herring harvesters tends to improve the management and economic health of the herring industry. The maximum number of herring spawn on kelp fishery licenses shall not exceed five annually. The state therefore must use its authority to regulate the number of herring spawn on kelp fishery licenses so that the management and economic health of the herring fishery may be improved.
RCW 77.15.040 — Washington Code / Title 77 / Chapter 15 / Section 040
RCW 77.15.040: Jurisdiction.
Status: in_force

District courts have jurisdiction concurrent with superior courts for misdemeanors and gross misdemeanors committed in violation of this chapter and may impose the punishment provided for these offenses. Superior courts have jurisdiction over felonies committed in violation of this chapter. Venue for offenses occurring in offshore waters shall be in a county bordering on the Pacific Ocean, or the county where fish or wildlife from the offense are landed.
RCW 77.12.320 — Washington Code / Title 77 / Chapter 12 / Section 320
RCW 77.12.320: Agreements for purposes related to fish, shellfish, and wildlife—Acceptance of compensation, gifts, grants—Indemnification.
Status: in_force

(1) The commission may make agreements with persons, political subdivisions of this state, or the United States or its agencies or instrumentalities, regarding fish, shellfish, and wildlife-oriented recreation and the propagation, protection, conservation, and control of fish, shellfish, and wildlife. (2) The director may make written agreements with the owners or lessees of real or personal property to provide for the use of the property for fish, shellfish, and wildlife-oriented recreation. The director may adopt rules governing the conduct of persons in or on the real property. (3) The director may accept compensation for fish, shellfish, and wildlife losses or gifts or grants of personal property for use by the department. (4) The commission may indemnify the United States and its agencies as a condition of securing federal funds for purposes of fish, shellfish, and wildlife projects.
RCW 77.12.043 — Washington Code / Title 77 / Chapter 12 / Section 043
RCW 77.12.043: Contracts and agreements for propagation of fish or shellfish.
Status: in_force

(1) The director may enter into contracts and agreements with a person to secure fish or shellfish or for the construction, operation, and maintenance of facilities for the propagation of fish or shellfish. (2) The director may enter into contracts and agreements to procure from private aquaculturists fish or shellfish with which to stock state waters.
RCW 77.32.155 — Washington Code / Title 77 / Chapter 32 / Section 155
RCW 77.32.155: Hunter education training program—Certificate—Deferral—Adoption of rules—Fee—One-time discount.
Status: in_force

(1)(a) When purchasing any hunting license, persons under the age of 18 shall present certification of completion of a course of instruction in the safe handling of firearms, safety, conservation, and sporting/hunting behavior. All persons purchasing any hunting license for the first time, if born after January 1, 1972, shall present such certification. (b)(i) The director may establish a program for training persons in the safe handling of firearms, conservation, and sporting/hunting behavior and shall prescribe the type of instruction and the qualifications of the instructors. The director shall, as part of establishing the training program, exempt the following individuals from the firearms skills portion of any instruction course completed over the internet: (A) Current or retired members of the United States military; (B) Current or retired general authority Washington peace officers as defined in RCW 10.93.020 ; (C) Current or retired limited authority Washington peace officers as defined in RCW 10.93.020 , if the officer is or was duly authorized by his or her employer to carry a concealed pistol; (D) Current or retired specially commissioned Washington peace officers as defined in RCW 10.93.020 , if the officer is or was duly authorized by his or her commissioning agency to carry a concealed pistol; (E) Current or retired Washington peace officers as defined in RCW 43.101.010 who have met the requirements of RCW 43.101.095 or 43.101.157 and whose certification is in good standing or has not been revoked; and (F) Current or retired federal peace officers as defined in RCW 10.93.020 . (ii) The director may cooperate with the national rifle association, organized sports/outdoor enthusiasts' groups, or other public or private organizations when establishing the training program. (c) Upon the successful completion of a course established under this section, the trainee shall receive a hunter education certificate signed by an authorized instructor. The certificate is evidence of compliance with this section. (d) The director may accept certificates from other states that persons have successfully completed firearm safety, hunter education, or similar courses as evidence of compliance with this section. (2)(a) The director may authorize a once in a lifetime, one license year deferral of hunter education training for individuals who are accompanied, while hunting, by a nondeferred Washington-licensed hunter who is at least 18 years of age. The commission shall adopt rules for the administration of this subsection to avoid potential fraud and abuse. (b) The director is authorized to collect an application fee for obtaining the once in a lifetime, one license year deferral of hunter education training from the department. This fee must be deposited into the fish and wildlife enforcement reward account and must be used exclusively to administer the deferral program created in this subsection. (c) For the purposes of this subsection, "accompanied" means to go along with another person while staying within a range of the other person that permits continual unaided visual and auditory communication. (3) To encourage the participation of an adequate number of instructors for the training program, the commission shall develop nonmonetary incentives available to individuals who commit to serving as an instructor. The incentives may include additional hunting opportunities for instructors. (4) The commission is authorized to adopt rules to offer a one-time discount of up to $20 on a hunting license purchase to first-time resident hunters who have completed the Washington hunter education training program.
RCW 77.55.251 — Washington Code / Title 77 / Chapter 55 / Section 251
RCW 77.55.251: Mitigation plan review.
Status: in_force

When reviewing a mitigation plan under RCW 77.55.021 , the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030 .
RCW 77.145.010 — Washington Code / Title 77 / Chapter 145 / Section 010
RCW 77.145.010: Department's authority.
Status: in_force

There are infectious diseases and infestations that can damage, threaten, and endanger fish, wildlife, shellfish, and seaweed resources. The department is authorized to take reasonable, preventative measures to protect Washington's fish, wildlife, shellfish, and seaweed species from infectious diseases and infestations.
RCW 77.120.020 — Washington Code / Title 77 / Chapter 120 / Section 020
RCW 77.120.020: Application of chapter.
Status: in_force

(1) This chapter applies to all vessels transiting into the waters of the state from a voyage, except: (a) A vessel of the United States department of defense or United States coast guard subject to the requirements of section 1103 of the national invasive species act of 1996, or any vessel of the armed forces, as defined in 33 U.S.C. Sec. 1322(a)(14), that is subject to the uniform national discharge standards for vessels of the armed forces under 33 U.S.C. Sec. 1322(n); (b) A vessel that discharges ballast water or sediments only at the location where the ballast water or sediments originated, if the ballast water or sediments do not mix with ballast water or sediments from areas other than open sea waters; and (c) A vessel in innocent passage, merely traversing the territorial sea of the United States and not entering or departing a United States port, or not navigating the internal waters of the United States, and that does not discharge ballast water into the waters of the state. (2) This chapter does not authorize the discharge of oil or noxious liquid substances in a manner prohibited by state, federal, or international laws or regulations. Ballast water containing oil, noxious liquid substances, or any other pollutant shall be discharged in accordance with the applicable requirements. (3) The master or operator in charge of a vessel is responsible for the safety of the vessel, its crew, and its passengers. Nothing in this chapter relieves the master or operator in charge of a vessel of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers.
RCW 77.32.350 — Washington Code / Title 77 / Chapter 32 / Section 350
RCW 77.32.350: Migratory birds—Supplemental permit.
Status: in_force

In addition to a small game hunting license, a supplemental migratory bird permit is required to hunt for migratory birds. The migratory bird permit is required for all persons 16 years of age or older. Furthermore, a migratory bird authorization is required for all persons to hunt band-tailed pigeon, brant, sea duck, snow goose, and southwest Canada goose.
RCW 77.12.590 — Washington Code / Title 77 / Chapter 12 / Section 590
RCW 77.12.590: Game farms—Tagging of products—Exemption.
Status: in_force

Wildlife given away, sold, or transferred by a licensed game farmer shall have attached to each wildlife member, package, or container, a tag, seal, or invoice as required by rule of the director. Private sector cultured aquatic products as defined in RCW 15.85.020 are exempt from regulation under this section.
RCW 77.55.221 — Washington Code / Title 77 / Chapter 55 / Section 221
RCW 77.55.221: Flood damage repair and reduction activities—Five-year maintenance permit agreements.
Status: in_force

The department shall, at the request of a county, develop five-year maintenance permit agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200 , or other watershed plan approved by a county legislative authority, to allow for work on public and private property for bank stabilization, bridge repair, removal of sandbars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects.
RCW 77.32.555 — Washington Code / Title 77 / Chapter 32 / Section 555
RCW 77.32.555: Surcharge to fund biotoxin testing and monitoring—Algal bloom program—Biotoxin account.
Status: in_force

(1) In addition to the fees authorized in this chapter, the department shall include a surcharge to fund biotoxin testing and monitoring by the department of health of beaches used for recreational shellfishing, and to fund monitoring by the Olympic region harmful algal bloom program of the Olympic natural resources center at the University of Washington. The surcharge on recreational shellfish licenses cannot be increased more than one dollar and can only be increased when the surcharge for commercial shellfish licenses is increased. A surcharge of four dollars applies to resident and nonresident shellfish and seaweed licenses as authorized by *RCW 77.32.520 (3) (a) and (b); a surcharge of three dollars applies to resident and nonresident adult combination licenses as authorized by **RCW 77.32.470 (2)(a); a surcharge of three dollars applies to annual resident and nonresident razor clam licenses as authorized by *RCW 77.32.520 (4); and a surcharge of two dollars applies to the three-day razor clam license authorized by *RCW 77.32.520 (5). Amounts collected from these surcharges must be deposited in the biotoxin account created in subsection (3) of this section. The department may not use any amounts collected from these surcharges to pay for its administrative costs. (2) Any moneys from surcharges remaining in the general fund — local account after the 2007-2009 biennium must be transferred to the biotoxin account created in subsection (3) of this section and be credited to the appropriate institution. The department of health and the University of Washington shall, by December 1st of each year, provide a letter to the relevant legislative policy and fiscal committees on the status of expenditures. This letter shall include, but is not limited to, the annual appropriation amount, the amount not expended, account fund balance, and reasons for not spending the full annual appropriation. (3) The biotoxin account is created in the state treasury to be administered by the department of health. All moneys received under subsection (1) of this section must be deposited in the account and used by the department of health and the University of Washington as required by subsection (1) of this section. Of the moneys deposited into the account, one hundred fifty thousand dollars per year must be made available to the University of Washington to implement subsection (1) of this section. Moneys in the account may be spent only after appropriation.
RCW 77.85.220 — Washington Code / Title 77 / Chapter 85 / Section 220
RCW 77.85.220: Salmon intertidal habitat restoration planning process—Task force—Reports.
Status: in_force

(1) If a limiting factors analysis has been conducted under this chapter for a specific geographic area and that analysis shows insufficient intertidal salmon habitat, the department of fish and wildlife and the county legislative authorities of the affected counties may jointly initiate a salmon intertidal habitat restoration planning process to develop a plan that addresses the intertidal habitat goals contained in the limiting factors analysis. The fish and wildlife commission and the county legislative authorities of the geographic area shall jointly appoint a task force composed of the following members: (a) One representative of the fish and wildlife commission, appointed by the chair of the commission; (b) Two representatives of the agricultural industry familiar with agricultural issues in the geographic area, one appointed by an organization active in the geographic area and one appointed by a statewide organization representing the industry; (c) Two representatives of environmental interest organizations with familiarity and expertise of salmon habitat, one appointed by an organization in the geographic area and one appointed by a statewide organization representing environmental interests; (d) One representative of a diking and drainage district, appointed by the individual districts in the geographic area or by an association of diking and drainage districts; (e) One representative of the lead entity for salmon recovery in the geographic area, appointed by the lead entity; (f) One representative of each county in the geographic area, appointed by the respective county legislative authorities; and (g) One representative from the office of the governor. (2) Representatives of the United States environmental protection agency, the United States natural resources conservation service, federal fishery agencies, as appointed by their regional director, and tribes with interests in the geographic area shall be invited and encouraged to participate as members of the task force. (3) The task force shall elect a chair and adopt rules for conducting the business of the task force. Staff support for the task force shall be provided by the Washington state conservation commission. (4) The task force shall: (a) Review and analyze the limiting factors analysis for the geographic area; (b) Initiate and oversee intertidal salmon habitat studies for enhancement of the intertidal area as provided in RCW 77.85.230 ; (c) Review and analyze the completed assessments listed in RCW 77.85.230 ; (d) Develop and draft an overall plan that addresses identified intertidal salmon habitat goals that has public support; and (e) Identify appropriate demonstration projects and early implementation projects that are of high priority and should commence immediately within the geographic area. (5) The task force may request briefings as needed on legal issues that may need to be considered when developing or implementing various plan options. (6) Members of the task force shall be reimbursed by the conservation commission for travel expenses as provided in RCW 43.03.050 and 43.03.060 . (7) The task force shall provide annual reports that provide an update on its activities to the fish and wildlife commission, to the involved county legislative authorities, and to the lead entity formed under this chapter.
RCW 77.75.100 — Washington Code / Title 77 / Chapter 75 / Section 100
RCW 77.75.100: Snake river boundary—Cooperation with Idaho for adoption and enforcement of rules regarding wildlife.
Status: in_force

The commission may cooperate with the Idaho fish and game commission in the adoption and enforcement of rules regarding wildlife on that portion of the Snake river forming the boundary between Washington and Idaho.
RCW 77.65.270 — Washington Code / Title 77 / Chapter 65 / Section 270
RCW 77.65.270: Oyster cultch permit.
Status: in_force

An oyster cultch permit is required for commercial cultching of oysters on state oyster reserves. The director shall require that ten percent of the cultch bags or other collecting materials be provided to the state after the oysters have set, for the purposes of increasing the supply of oysters on state oyster reserves and enhancing oyster supplies on public beaches.
RCW 77.80.050 — Washington Code / Title 77 / Chapter 80 / Section 050
RCW 77.80.050: Rules—Administration of chapter.
Status: in_force

The director shall adopt rules for the administration of this chapter. To assist the department in the administration of this chapter, the director may contract with persons not employed by the state and may enlist the aid of other state agencies.
RCW 77.65.050 — Washington Code / Title 77 / Chapter 65 / Section 050
RCW 77.65.050: Application for commercial licenses and permits—Replacement.
Status: in_force

(1) Except as otherwise provided in this title, the director shall issue commercial licenses and permits to a qualified person upon receiving a completed application accompanied by the required fee. (2) An application submitted to the department under this chapter shall contain the name and address of the applicant and any other information required by the department or this title. An applicant for a commercial fishery license or delivery license may designate a vessel to be used with the license. An applicant for a commercial fishery license or delivery license may also designate up to two alternate operators. (3) An application submitted to the department under this chapter shall contain the applicant's declaration under penalty of perjury that the information on the application is true and correct. (4) Upon issuing a commercial license under this chapter, the director shall assign the license a unique number that the license shall retain upon renewal. The department shall use the number to record any commercial catch under the license. This does not preclude the department from using other, additional, catch record methods. (5) The fee to replace a license that has been lost or destroyed is twenty dollars.
RCW 77.04.145 — Washington Code / Title 77 / Chapter 04 / Section 145
RCW 77.04.145: Notification requirements.
Status: in_force

Actions under this chapter are subject to the notification requirements of RCW 43.17.400 .
RCW 77.100.010 — Washington Code / Title 77 / Chapter 100 / Section 010
RCW 77.100.010: Legislative findings—Department to administer cooperative enhancement program.
Status: in_force

The fish and wildlife resources of the state benefit by the contribution of volunteer recreational and commercial fishing organizations, schools, and other volunteer groups in cooperative projects under agreement with the department. These projects provide educational opportunities, improve the communication between the natural resources agencies and the public, and increase the fish and game resources of the state. In an effort to increase these benefits and realize the full potential of cooperative projects, the department shall administer a cooperative fish and wildlife enhancement program and enter agreements with volunteer groups relating to the operation of cooperative projects.
RCW 77.15.030 — Washington Code / Title 77 / Chapter 15 / Section 030
RCW 77.15.030: Individual animal unlawfully taken—Separate offense.
Status: in_force

Except as provided in RCW 77.15.260 (2)(b), where it is unlawful to hunt, take, fish, possess, or traffic in big game or protected or endangered fish or wildlife, then each individual animal unlawfully taken or possessed is a separate offense.
RCW 77.15.700 — Washington Code / Title 77 / Chapter 15 / Section 700
RCW 77.15.700: Grounds for department revocation and suspension of recreational license—Appeal.
Status: in_force

(1) The department shall revoke a person's recreational license or licenses and suspend a person's recreational license privileges in the following circumstances: (a) Upon conviction, if directed by statute for an offense. (b) Upon conviction, failure to appear at a hearing to contest an infraction or criminal charge, or an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, if the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. Suspension of privileges under this subsection is permanent. (c) If a person is convicted, fails to appear at a hearing to contest an infraction or criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any infraction, twice within ten years for a violation involving unlawful hunting, killing, or possessing big game. Revocation and suspension under this subsection must be ordered for all hunting privileges for at least two years and up to ten years. (d) If a person violates, three times or more in a ten-year period, recreational hunting or fishing laws or rules for which the person: (i) Is convicted of an offense; (ii) has an unvacated payment of a fine or a finding of committed as a final disposition for any infraction; or (iii) fails to appear at a hearing to contest an infraction or a criminal citation. Revocation and suspension under this subsection must be ordered of all recreational hunting and fishing privileges for at least two years and up to ten years. (2)(a) A violation punishable as an infraction counts towards the revocation and suspension of recreational hunting and fishing privileges under this section if that violation is: (i) Punishable as a crime on July 24, 2005, and is subsequently decriminalized; or (ii) One of the following violations, as they exist on July 24, 2005: RCW 77.15.160 ; WAC 220-56-116; WAC 220-56-315(11); or WAC 220-56-355 (1) through (4). (b) The commission may, by rule, designate infractions that do not count towards the revocation and suspension of recreational hunting and fishing privileges. (3) If either the deferred education licensee or the required nondeferred accompanying person, hunting under the authority of RCW 77.32.155 (2), is convicted of a violation of this title, fails to appear at a hearing to contest a fish and wildlife infraction or a criminal citation, or has an unvacated payment of a fine or a finding of committed as a final disposition for any fish and wildlife infraction, except for a violation of RCW 77.15.400 (1) through (4), the department may revoke all hunting licenses and tags and may order a suspension of either or both the deferred education licensee's and the nondeferred accompanying person's hunting privileges for one year. (4) A person who has a recreational license revoked and privileges 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 revocation and privilege suspension. If an appeal is filed, the revocation and suspension issued by the department do not take effect until twenty-one days after the department has delivered an opinion. If no appeal is filed within twenty days of notice of license revocation and suspension, the right to an appeal is waived, and the revocation and suspension take effect twenty-one days following the notice of revocation and suspension. (5) A recreational license revoked and privilege suspended under this section is in addition to the statutory penalties assigned to the underlying violation.
RCW 77.36.100 — Washington Code / Title 77 / Chapter 36 / Section 100
RCW 77.36.100: Payment of claims for damage to commercial crops or livestock—Noncash compensation—Offer of materials or services to offset or prevent wildlife interactions—Appeal of decisions—Adoption of rules—Frontier one counties.
Status: in_force

(1)(a) Except as limited by RCW 77.36.070 , 77.36.080 , 77.36.170 , and 77.36.180 , the department shall offer to distribute money appropriated to pay claims to the owner of commercial crops for damage caused by wild deer or elk or to the owners of livestock that has been killed by bears, wolves, or cougars, or injured by bears, wolves, or cougars to such a degree that the market value of the livestock has been diminished. Payments for claims for damage to livestock are not subject to the limitations of RCW 77.36.070 and 77.36.080 , but may not, except as provided in RCW 77.36.170 and 77.36.180 , exceed the total amount specifically appropriated therefor. (b) Owners of commercial crops or livestock are only eligible for a claim under this subsection if: (i) The commercial crop owner satisfies the definition of "eligible farmer" in RCW 82.08.855 ; (ii) The conditions of RCW 77.36.110 have been satisfied; and (iii) The damage caused to the commercial crop or livestock satisfies the criteria for damage established by the commission under (c) of this subsection. (c) The commission shall adopt and maintain by rule criteria that clarifies the damage to commercial crops and livestock qualifying for compensation under this subsection. An owner of a commercial crop or livestock must satisfy the criteria prior to receiving compensation under this subsection. The criteria for damage adopted under this subsection must include, but not be limited to, a required minimum economic loss to the owner of the commercial crop or livestock, which may not be set at a value of less than $500. (2)(a) Subject to the availability of nonstate funds, nonstate resources other than cash, or amounts appropriated for this specific purpose, the department may offer to provide compensation to offset wildlife interactions to a person who applies to the department for compensation for damage to property other than commercial crops or livestock that is the result of a mammalian or avian species of wildlife on a case-specific basis if the conditions of RCW 77.36.110 have been satisfied and if the damage satisfies the criteria for damage established by the commission under (b) of this subsection. (b) The commission shall adopt and maintain by rule criteria for damage to property other than a commercial crop or livestock that is damaged by wildlife and may be eligible for compensation under this subsection, including criteria for filing a claim for compensation under this subsection. (3)(a) To prevent or offset wildlife interactions, the department may offer materials or services to a person who applies to the department for assistance in providing mitigating actions designed to reduce wildlife interactions if the actions are designed to address damage that satisfies the criteria for damage established by the commission under this section. (b) The commission shall adopt and maintain by rule criteria for mitigating actions designed to address wildlife interactions that may be eligible for materials and services under this section, including criteria for submitting an application under this section. (4)(a) An owner who files a claim under this section may appeal the decision of the department pursuant to rules adopted by the commission if the claim: (i) Is denied; or (ii) Is disputed by the owner and the owner disagrees with the amount of compensation determined by the department. (b) An appeal of a decision of the department addressing deer or elk damage to commercial crops is limited to $30,000. (5)(a) Consistent with this section, the commission shall adopt rules setting limits and conditions for the department's expenditures on claims and assessments for commercial crops, livestock, other property, and mitigating actions. (b) Claims awarded or agreed upon that are unpaid due to being in excess of available funds in the current fiscal year are eligible for payment in the next state fiscal year. (c) If additional funds are not appropriated by the legislature in the subsequent fiscal year specifically for unpaid claims, then no further payment may be made on the claim. (d) Claims awarded or agreed upon during a fiscal year must be prioritized for payment based upon the highest percentage of loss, calculated by comparing agreed-upon or awarded commercial crop damages to the gross sales or harvested value of commercial crops for the previous tax year. (e) The payment of a claim under this section is conditional on the availability of specific funding for this purpose and is not a guarantee of reimbursement. (6) At least 20 percent of the available funds for damage caused to commercial crops by wild deer and elk must be awarded to claims arising from frontier one counties, as that term is defined in RCW 43.160.020 . (a) If the value of claims submitted from frontier one counties is insufficient to meet the requirements of this section, the remaining available funds may be awarded to any eligible claimant. (b) For the purposes of this subsection, a claimant is considered to be located in a frontier one county if any portion of the farm property where the damage occurred is located in a frontier one county.
RCW 77.55.021 — Washington Code / Title 77 / Chapter 55 / Section 021
RCW 77.55.021: Permit.
Status: in_force

(1) Except as provided in RCW 77.55.031 , 77.55.051 , 77.55.041 , and 77.55.361 , in the event that any person or government agency desires to undertake a hydraulic project, the person or government agency shall, before commencing work thereon, secure the approval of the department in the form of a permit as to the adequacy of the means proposed for the protection of fish life. (2) A complete written application for a permit may be submitted in person or by registered mail and must contain the following: (a) General plans for the overall project; (b) Complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water; (c) Complete plans and specifications for the proper protection of fish life; (d) Notice of compliance with any applicable requirements of the state environmental policy act, unless otherwise provided for in this chapter; and (e) In the event that any person or government agency desires to undertake mineral prospecting or mining using motorized or gravity siphon equipment or desires to discharge effluent from such an activity to waters of the state, the person or government agency must also provide proof of compliance with the requirements of the federal clean water act issued by the department of ecology. (3) The department may establish direct billing accounts or other funds transfer methods with permit applicants to satisfy the fee payment requirements of *RCW 77.55.321 . (4) The department may accept complete, written applications as provided in this section for multiple site permits and may issue these permits. For multiple site permits, each specific location must be identified. (5) With the exception of emergency permits as provided in subsection (12) of this section, applications for permits must be submitted to the department's headquarters office in Olympia. Requests for emergency permits as provided in subsection (12) of this section may be made to the permitting biologist assigned to the location in which the emergency occurs, to the department's regional office in which the emergency occurs, or to the department's headquarters office. (6) Except as provided for emergency permits in subsection (12) of this section, the department may not proceed with permit review until all fees are paid in full as required in *RCW 77.55.321 . (7)(a) Protection of fish life is the only ground upon which approval of a permit may be denied or conditioned. Approval of a permit may not be unreasonably withheld or unreasonably conditioned. (b) Except as provided in this subsection and subsections (12) through (14) and (16) of this section, the department has forty-five calendar days upon receipt of a complete application to grant or deny approval of a permit. The forty-five day requirement is suspended if: (i) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (ii) The site is physically inaccessible for inspection; (iii) The applicant requests a delay; or (iv) The department is issuing a permit for a stormwater discharge and is complying with the requirements of RCW 77.55.161 (3)(b). (c) Immediately upon determination that the forty-five day period is suspended under (b) of this subsection, the department shall notify the applicant in writing of the reasons for the delay. (d) The period of forty-five calendar days may be extended if the permit is part of a multiagency permit streamlining effort and all participating permitting agencies and the permit applicant agree to an extended timeline longer than forty-five calendar days. (8) If the department denies approval of a permit, the department shall provide the applicant a written statement of the specific reasons why and how the proposed project would adversely affect fish life. (a) Except as provided in (b) of this subsection, issuance, denial, conditioning, or modification of a permit shall be appealable to the board within thirty days from the date of receipt of the decision as provided in RCW 43.21B.230 . (b) Issuance, denial, conditioning, or modification of a permit may be informally appealed to the department within thirty days from the date of receipt of the decision. Requests for informal appeals must be filed in the form and manner prescribed by the department by rule. A permit decision that has been informally appealed to the department is appealable to the board within thirty days from the date of receipt of the department's decision on the informal appeal. (9)(a) The permittee must demonstrate substantial progress on construction of that portion of the project relating to the permit within two years of the date of issuance. (b) Approval of a permit is valid for up to five years from the date of issuance, except as provided in (c) of this subsection and in RCW 77.55.151 . (c) A permit remains in effect without need for periodic renewal for hydraulic projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. A permit for stream bank stabilization projects to protect farm and agricultural land as defined in RCW 84.34.020 remains in effect without need for periodic renewal if the problem causing the need for the stream bank stabilization occurs on an annual or more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the permit. (10) The department may, after consultation with the permittee, modify a permit due to changed conditions. A modification under this subsection is not subject to the fees provided under *RCW 77.55.321 . The modification is appealable as provided in subsection (8) of this section. For a hydraulic project that diverts water for agricultural irrigation or stock watering purposes, when the hydraulic project or other work is associated with stream bank stabilization to protect farm and agricultural land as defined in RCW 84.34.020 , the burden is on the department to show that changed conditions warrant the modification in order to protect fish life. (11) A permittee may request modification of a permit due to changed conditions. The request must be processed within forty-five calendar days of receipt of the written request and payment of applicable fees under *RCW 77.55.321 . A decision by the department is appealable as provided in subsection (8) of this section. For a hydraulic project that diverts water for agricultural irrigation or stock watering purposes, when the hydraulic project or other work is associated with stream bank stabilization to protect farm and agricultural land as defined in RCW 84.34.020 , the burden is on the permittee to show that changed conditions warrant the requested modification and that such a modification will not impair fish life. (12)(a) The department, the county legislative authority, or the governor may declare and continue an emergency. If the county legislative authority declares an emergency under this subsection, it shall immediately notify the department. A declared state of emergency by the governor under RCW 43.06.010 shall constitute a declaration under this subsection. (b) The department, through its authorized representatives, shall issue immediately, upon request, verbal approval for a stream crossing, or work to remove any obstructions, repair existing structures, restore stream banks, protect fish life, or protect property threatened by the stream or a change in the streamflow without the necessity of obtaining a written permit prior to commencing work. Conditions of the emergency verbal permit must be reduced to writing within thirty days and complied with as provided for in this chapter. (c) The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection. (d) The department may not charge a person requesting an emergency permit any of the fees authorized by *RCW 77.55.321 until after the emergency permit is issued and reduced to writing. (13) All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the emergency nature of such requests and shall provide a decision to the applicant within fifteen calendar days of the date of application. (14) The department or the county legislative authority may determine an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to remove any obstructions, repair existing structures, restore banks, protect fish resources, or protect property. Expedited permit requests require a complete written application as provided in subsection (2) of this section and must be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance. The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection. (15)(a) For any property, except for property located on a marine shoreline, that has experienced at least two consecutive years of flooding or erosion that has damaged or has threatened to damage a major structure, water supply system, septic system, or access to any road or highway, the county legislative authority may determine that a chronic danger exists. The county legislative authority shall notify the department, in writing, when it determines that a chronic danger exists. In cases of chronic danger, the department shall issue a permit, upon request, for work necessary to abate the chronic danger by removing any obstructions, repairing existing structures, restoring banks, restoring road or highway access, protecting fish resources, or protecting property. Permit requests must be made and processed in accordance with subsections (2) and (7) of this section. (b) Any projects proposed to address a chronic danger identified under (a) of this subsection that satisfies the project description identified in RCW 77.55.181 (1)(a)(ii) are not subject to the provisions of the state environmental policy act, chapter 43.21C RCW. However, the project is subject to the review process established in RCW 77.55.181 (3) as if it were a fish habitat improvement project. (16) The department may issue an expedited written permit in those instances where normal permit processing would result in significant hardship for the applicant or unacceptable damage to the environment. Expedited permit requests require a complete written application as provided in subsection (2) of this section and must be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance. The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.
RCW 77.50.060 — Washington Code / Title 77 / Chapter 50 / Section 060
RCW 77.50.060: Unauthorized fishing vessels entering state waters.
Status: in_force

In order to protect the welfare of the citizens of the state of Washington by protecting the natural resources of the state from illegal fishing in state waters, commercial fishing vessels which are not authorized by law to fish for salmon in Washington state waters cannot enter Washington state waters unless all salmon fishing gear is stowed below deck or placed in a position so that it is not readily available for fishing.
RCW 77.08.024 — Washington Code / Title 77 / Chapter 08 / Section 024
RCW 77.08.024: "Salmon" defined.
Status: in_force

"Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in RCW 77.08.020 , and includes: Scientific Name Common Name Oncorhynchus tshawytscha Chinook salmon Oncorhynchus kisutch Coho salmon Oncorhynchus keta Chum salmon Oncorhynchus gorbuscha Pink salmon Oncorhynchus nerka Sockeye salmon
RCW 77.70.080 — Washington Code / Title 77 / Chapter 70 / Section 080
RCW 77.70.080: Salmon charter boats—Angler permit—Total number of anglers limited—Permit transfer—Fees.
Status: in_force

(1) The total number of anglers authorized by the director shall not exceed the total number authorized for 1980. (2) Angler permits issued under RCW 77.70.060 are transferable. All or a portion of the permit may be transferred to another salmon charter license holder. (3) The angler permit holder and proposed transferee shall notify the department when transferring an angler permit, and the director shall issue a new angler permit certificate. If the original permit holder retains a portion of the permit, the director shall issue a new angler permit certificate reflecting the decrease in angler capacity. (4) The department shall collect a fee of ten dollars for each certificate issued under subsection (3) of this section, plus an application fee of one hundred five dollars.
RCW 77.32.440 — Washington Code / Title 77 / Chapter 32 / Section 440
RCW 77.32.440: Enhancement programs—Revenue—Deposits to dedicated accounts.
Status: in_force

Enhancement programs receive revenue using a percentage rate applied to the fee of each eligible license and deposited within each dedicated account as follows: (1) Six and eight-tenths percent of all freshwater and combination fishing licenses, including temporary combination fishing licenses, must be deposited in the warm water game fish account created in RCW 77.44.050 ; (2) Twelve percent of all saltwater and combination fishing licenses, including temporary combination fishing licenses, must be deposited in the recreational fisheries enhancement account created in RCW 77.105.150 ; (3) Two and three-tenths percent of all saltwater, freshwater, and combination fishing licenses, including temporary combination fishing licenses, must be deposited in the regional fisheries enhancement group account created in RCW 77.95.090 ; and (4) One and eight-tenths percent of all saltwater and combination fishing licenses, including temporary combination fishing licenses, must be deposited in the rockfish research account created in RCW 77.12.702 .
RCW 77.135.010 — Washington Code / Title 77 / Chapter 135 / Section 010
RCW 77.135.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Aquatic conveyance" means transportable personal property having the potential to move an aquatic invasive species from one aquatic environment to another. Aquatic conveyances include but are not limited to vessels and associated equipment, float planes, construction equipment, fish tanker trucks, hydroelectric and irrigation equipment, personal fishing and hunting gear, and materials used for aquatic habitat mitigation or restoration. (2) "Aquatic invasive species" means an invasive species of the animal kingdom with a life cycle that is at least partly dependent upon fresh, brackish, or marine waters. Examples include nutria, waterfowl, amphibians, fish, and shellfish. (3) "Aquatic plant" means a native or nonnative emergent, submersed, partially submersed, free-floating, or floating-leaved plant species that is dependent upon fresh, brackish, or marine water ecosystems and includes all stages of development and parts. (4) "Certificate of inspection" means a department-approved document that declares, to the extent technically or measurably possible, that an aquatic conveyance does not carry or contain an invasive species. Certification may be in the form of a decal, label, rubber stamp imprint, tag, permit, locking seal, or written statement. (5) "Clean and drain" means to remove the following from areas on or within an aquatic conveyance to the extent technically and measurably possible: (a) Visible native and nonnative aquatic animals, plants, or other organisms; and (b) Raw water. (6) "Commercial vessel" means a management category of aquatic conveyances: (a) Required to have valid marine documentation as a vessel of the United States or similar required documentation for a country other than the United States; and (b) Not subject to vessel registration requirements under chapter 88.02 RCW or ballast water requirements under chapter 77.120 RCW. (7) "Cryptogenic species" means a species that scientists cannot commonly agree are native or nonnative or are part of the animal kingdom. (8) "Decontaminate" means, to the extent technically and measurably possible, the application of a treatment to kill, destroy, remove, or otherwise eliminate all known or suspected invasive species carried on or contained within an aquatic conveyance or structural property by use of physical, chemical, or other methods. Decontamination treatments may include drying an aquatic conveyance for a time sufficient to kill aquatic invasive species through desiccation. (9) "Detect" means the verification of invasive species' presence as defined by the department. (10) "Eradicate" means, to the extent technically and measurably possible, to kill, destroy, remove, or otherwise eliminate an invasive species from a water body or property using physical, chemical, or other methods. (11) "Infested site management" means management actions as provided under RCW 77.135.070 that may include long-term actions to contain, control, or eradicate a prohibited species. (12) "Introduce" means to intentionally or unintentionally release, place, or allow the escape, dissemination, or establishment of an invasive species on or into a water body or property as a result of human activity or a failure to act. (13) "Invasive species" means nonnative species of the animal kingdom that are not naturally occurring in Washington for purposes of breeding, resting, or foraging, and that pose an invasive risk of harming or threatening the state's environmental, economic, or human resources. Invasive species include all stages of species development and body parts. They may also include genetically modified or cryptogenic species. (14) "Invasive species council" means the Washington invasive species council established in RCW 79A.25.310 or a similar collaborative state agency forum. The term includes the council and all of its officers, employees, agents, and contractors. (15) "Mandatory check station" means a location where a person transporting an aquatic conveyance must stop and allow the conveyance to be inspected for aquatic invasive species. (16) "Possess" means to have authority over the use of an invasive species or use of an aquatic conveyance that may carry or contain an invasive species. For the purposes of this subsection, "authority over" includes the ability to intentionally or unintentionally hold, import, export, transport, purchase, sell, barter, distribute, or propagate an invasive species. (17) "Prohibited species" means a classification category of nonnative species as provided in RCW 77.135.030 . (18) "Property" means both real and personal property. (19) "Quarantine declaration" means a management action as provided under RCW 77.135.050 involving the prohibition or conditioning of the movement of aquatic conveyances and waters from a place or an area that is likely to contain a prohibited species. (20) "Rapid response" means expedited management actions as provided under RCW 77.135.060 triggered when invasive species are detected, for the time-sensitive purpose of containing or eradicating the species before it spreads or becomes further established. (21) "Raw water" means water from a water body and held on or within property. "Raw water" does not include water from precipitation that is captured in a conveyance, structure, or depression that is not otherwise intended to function as a water body, or water from a potable water supply system, unless the water contains visible aquatic organisms. (22) "Registered vessel" means a management category of aquatic conveyances required to register as vessels under RCW 88.02.550 or similar requirements for a state other than Washington or a country other than the United States. (23) "Regulated species" means a classification category of nonnative species as provided in RCW 77.135.030 . (24) "Seaplane" means a management category of aquatic conveyances capable of landing on or taking off from water and required to register as an aircraft under RCW 47.68.250 or similar registration in a state other than Washington or a country other than the United States. (25) "Small vessel" means a management category of aquatic conveyances including every description of vessel on the water used or capable of being used as a means of transportation on the water, except: (a) Inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers; (b) Vessels meeting registration requirements under chapter 88.02 RCW; and (c) Seaplanes. (26) "Water body" means an area that carries or contains a collection of water, regardless of whether the feature carrying or containing the water is natural or nonnatural. Examples include basins, bays, coves, streams, rivers, springs, lakes, wetlands, reservoirs, ponds, tanks, irrigation canals, and ditches.
RCW 77.95.350 — Washington Code / Title 77 / Chapter 95 / Section 350
RCW 77.95.350: Fish barrier removal.
Status: in_force

(1) The Washington state department of transportation and every county, city, and town may accept any money or property donated, devised, or bequeathed to it that is donated for the purpose of fish barrier removal. The Washington state department of transportation and local governments may determine the value of any property donated, devised, or bequeathed for the purpose of recognizing fish barrier removal donations in this section. (2) Subject to subsection (3) of this section, and upon completion of the related project, the Washington state department of transportation, counties, cities, and towns receiving donations for removing a fish barrier must install a clearly marked sign that acknowledges the individual donors and that is consistent with the requirements of RCW 47.40.105 . (3) Signs installed under subsection (2) of this section must be of a uniform design approved by the recreation and conservation office and may only include the words "adopt-a-fish passage," the names of project donors, and the species of fish affected by the project. Signage is also subject to the following limitations: (a) The donor's name may not be displayed more predominantly than the remainder of the sign message. (b) Trademarks or business logos may be displayed. (c) To the extent that the Washington state department of transportation and local governments determine that the number of donors for individual projects would interfere with the signage requirements of subsection (2) of this section or the requirements of RCW 47.40.105 , the Washington state department of transportation and local governments may determine the number of donors listed on signs but must endeavor to recognize the donors that provide the largest donations. (d) The Washington state department of transportation and local governments receiving private donations under this section must only install signage pursuant to this section for individual donations that are equal in value to at least $10,000. (e) Notwithstanding other provisions of this subsection, a donor is not eligible to have their name displayed on the sign if the applicant's name: (i) Endorses or opposes a particular candidate for public office; (ii) advocates a position on a specific political issue, initiative, referendum, or piece of legislation; (iii) includes a reference to a political party; or (iv) includes a reference to anything that may be considered or construed to be obscene or offensive to the general public. (4) To the extent feasible and with the goal of expediting fish barrier removals, the Washington state department of transportation, counties, cities, and towns receiving donations under this section must coordinate donations with any grant applications made for state grant funding for fish barrier removal pursuant to RCW 77.95.170 . The recreation and conservation office must publish and maintain a list of fish barrier removal projects that are suited to receiving private donations pursuant to this section. Donations received under this section are eligible for use as match for other funding sources, including state and federal grants. (5) Upon completion of a project funded with private donations pursuant to this section, the Washington state department of transportation or local government that owns the completed project must notify the recreation and conservation office. Upon receiving such a notification, the recreation and conservation office must gather information regarding the project sponsors, location, fish species affected, and the amounts of individual donations that supported the project. The recreation and conservation office must publish and maintain this information with the project list under subsection (4) of this section. (6) For each individual donation equal to at least $100,000 in value pursuant to this section, the recreation and conservation office must provide to the donor a recognition plaque that meets the following criteria: (a) The plaque must be signed by the governor; and (b) the plaque must include the name of the donor, the words "adopt-a-fish passage program," the location and name of the project funded, the amount and year of the donation, and the fish species affected.
RCW 77.70.390 — Washington Code / Title 77 / Chapter 70 / Section 390
RCW 77.70.390: Reduction of landing requirements under RCW 77.70.280—Procedure.
Status: in_force

The director may reduce the landing requirements established under RCW 77.70.280 upon the recommendation of an advisory review board established under *RCW 77.70.030 , but the director may not entirely waive the landing requirement. The advisory review board may recommend a reduction of the landing requirement in individual cases if in the advisory review board's judgment, extenuating circumstances prevented achievement of the landing requirement. The director shall adopt rules governing the operation of the advisory review board and defining "extenuating circumstances." Extenuating circumstances may include situations in which a person had a vessel under construction such that qualifying landings could not be made. In defining extenuating circumstances, special consideration shall be given to individuals who can provide evidence of lack of access to capital based on past discrimination due to race, creed, color, sex, national origin, or disability.
RCW 77.135.030 — Washington Code / Title 77 / Chapter 135 / Section 030
RCW 77.135.030: Classification of species—Rules.
Status: in_force

(1) The department, in consultation with the invasive species council, may classify or reclassify and list by rule nonnative aquatic animal species as prohibited level 1, level 2, or level 3, based on the degree of invasive risk, the type of management action required, and resources available to conduct the management action. (a) Species classified as prohibited level 1 pose a high invasive risk and are a priority for prevention and expedited rapid response management actions. (b) Species classified as prohibited level 2 pose a high invasive risk and are a priority for long-term infested site management actions. (c) Species classified as prohibited level 3 pose a moderate to high invasive risk and may be appropriate for prevention, rapid response, or other prohibited species management plan actions by the department, another agency, a local government, tribes, or the public. (2) The department, in consultation with the invasive species council, may classify and list by rule regulated type A species. This classification is used for nonnative aquatic animal species that pose a low to moderate invasive risk that can be managed based on intended use or geographic scope of introduction, have a beneficial use, and are a priority for department-led or department-approved management of the species' beneficial use and invasive risks. (3) Nonnative aquatic animal species not classified as prohibited level 1, level 2, or level 3 under subsection (1) of this section, or as regulated type A species under subsection (2) of this section, are automatically managed statewide as regulated type B species or regulated type C species and do not require listing by rule. (a) Species managed as regulated type B pose a low or unknown invasive risk and are possessed for personal or commercial purposes, such as for aquariums, live food markets, or as nondomesticated pets. (b) Species managed as regulated type C pose a low or unknown invasive risk and include all other species that do not meet the criteria for management as a regulated type B invasive species. (4) Classification of prohibited and regulated species: (a) May be by individual species or larger taxonomic groups up to the family name; (b) Must align, as practical and appropriate, with regional and national classification levels; (c) Must be statewide unless otherwise designated by a water body, property, or other geographic region or area; and (d) May define general possession and introduction conditions acceptable under department authorization, a permit, or as otherwise provided by rule. (5) Prior to or at the time of classifying species by rule as prohibited or regulated under subsections (1) and (2) of this section, the department, in consultation with the invasive species council, must adopt rules establishing standards for determining invasive risk levels and criteria for determining beneficial use that take into consideration environmental impacts, and especially effects on the preservation of native species, salmon recovery, and threatened or endangered species.
RCW 77.55.011 — Washington Code / Title 77 / Chapter 55 / Section 011
RCW 77.55.011: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, stormwater runoff devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered artificially. (2) "Board" means the pollution control hearings board created in chapter 43.21B RCW. (3) "Commission" means the state fish and wildlife commission. (4) "Date of receipt" has the same meaning as defined in RCW 43.21B.001 . (5) "Department" means the department of fish and wildlife. (6) "Director" means the director of the department of fish and wildlife. (7) "Emergency" means an immediate threat to life, the public, property, or of environmental degradation. (8) "Emergency permit" means a verbal hydraulic project approval or the written follow-up to the verbal approval issued to a person under RCW 77.55.021 (12). (9) "Expedited permit" means a hydraulic project approval issued to a person under RCW 77.55.021 (14) and (16). (10) "Forest practices hydraulic project" means a hydraulic project that requires a forest practices application or notification under chapter 76.09 RCW. (11) "Hydraulic project" means the construction or performance of work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. (12) "Imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application. (13) "Marina" means a public or private facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations. (14) "Marine terminal" means a public or private commercial wharf located in the navigable water of the state and used, or intended to be used, as a port or facility for the storing, handling, transferring, or transporting of goods to and from vessels. (15) "Motorized or gravity siphon aquatic mining" means mining using any form of motorized equipment including, but not limited to, a motorized suction dredge or a gravity siphon suction dredge, for the purpose of extracting gold, silver, or other precious metals, that involves a discharge to waters of the state, but does not include metals mining and milling operations as defined in RCW 78.56.020 . (16) "Multiple site permit" means a hydraulic project approval issued to a person under RCW 77.55.021 for hydraulic projects occurring at more than one specific location and which includes site-specific requirements. (17) "Ordinary high water line" means the mark on the shores of all water that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years as to mark upon the soil or vegetation a character distinct from the abutting upland. Provided, that in any area where the ordinary high water line cannot be found, the ordinary high water line adjoining saltwater is the line of mean higher high water and the ordinary high water line adjoining fresh water is the elevation of the mean annual flood. (18) "Pamphlet hydraulic project" means a hydraulic project for the removal or control of aquatic noxious weeds conducted under the aquatic plants and fish pamphlet authorized by RCW 77.55.081 , or for mineral prospecting and mining conducted under the gold and fish pamphlet authorized by RCW 77.55.091 . (19) "Permit" means a hydraulic project approval permit issued under this chapter. (20) "Permit modification" means a hydraulic project approval issued to a person under RCW 77.55.021 that extends, renews, or changes the conditions of a previously issued hydraulic project approval. (21) "Sandbars" includes, but is not limited to, sand, gravel, rock, silt, and sediments. (22) "Small scale prospecting and mining" means the use of only the following methods: Pans; nonmotorized sluice boxes; nonmotorized concentrators; and minirocker boxes for the discovery and recovery of minerals, but does not include metals mining and milling operations as defined in RCW 78.56.020 . (23) "Spartina," "purple loosestrife," and "aquatic noxious weeds" have the same meanings as defined in RCW 17.26.020 . (24) "Stream bank stabilization" means those projects that prevent or limit erosion, slippage, and mass wasting. These projects include, but are not limited to, bank resloping, log and debris relocation or removal, planting of woody vegetation, bank protection using rock or woody material or placement of jetties or groins, gravel removal, or erosion control. (25) "Tide gate" means a one-way check valve that prevents the backflow of tidal water. (26) "Waters of the state" and "state waters" means all salt and fresh waters waterward of the ordinary high water line and within the territorial boundary of the state.
RCW 77.12.732 — Washington Code / Title 77 / Chapter 12 / Section 732
RCW 77.12.732: Transfer of ownership of department-owned vessel—Review of vessel's physical condition.
Status: in_force

(1) Prior to transferring ownership of a department-owned vessel, the department shall conduct a thorough review of the physical condition of the vessel, the vessel's operating capability, and any containers and other materials that are not fixed to the vessel. (2) If the department determines that the vessel is in a state of advanced deterioration or poses a reasonably imminent threat to human health or safety, including a threat of environmental contamination, the department may: (a) Not transfer the vessel until the conditions identified under this subsection have been corrected; or (b) permanently dispose of the vessel by landfill, deconstruction, or other related method. (3) Vessels taken into custody under chapter 79.100 RCW are not subject to this section or RCW 77.12.734 .
RCW 77.85.090 — Washington Code / Title 77 / Chapter 85 / Section 090
RCW 77.85.090: Southwest Washington salmon recovery region—Created—Recognition as a regional recovery organization—Puget Sound salmon recovery organizations.
Status: in_force

(1) The southwest Washington salmon recovery region, whose boundaries are provided in chapter 60, Laws of 1998, is created. (2) Lead entities within a salmon recovery region that agree to form a regional salmon recovery organization may be recognized by the governor's salmon recovery office created in RCW 77.85.030 as a regional recovery organization. The regional recovery organization may plan, coordinate, and monitor the implementation of a regional recovery plan in accordance with RCW 77.85.150 . Regional recovery organizations existing as of July 24, 2005, that have developed draft recovery plans approved by the governor's salmon recovery office by July 1, 2005, may continue to plan, coordinate, and monitor the implementation of regional recovery plans. (3) Beginning January 1, 2008, the leadership council, created under chapter 90.71 RCW, shall serve as the regional salmon recovery organization for Puget Sound salmon species, except for the program known as the Hood Canal summer chum evolutionarily significant unit area, which the Hood Canal coordinating council shall continue to administer under chapter 90.88 RCW.
RCW 77.75.050 — Washington Code / Title 77 / Chapter 75 / Section 050
RCW 77.75.050: Coastal ecosystems compact authorized.
Status: in_force

The state of Washington is authorized to enter into an interstate compact or compacts with all or any of the states of California, Idaho, and Oregon to protect and restore coastal ecosystems of these states to levels that will prevent the need for listing any native salmonid fish species under the federal endangered species act of 1973, as amended, or under any comparable state legislation.
RCW 77.80.030 — Washington Code / Title 77 / Chapter 80 / Section 030
RCW 77.80.030: Determination of purchase price—Maximum price.
Status: in_force

The purchase price of a vessel and appurtenant gear shall be based on a survey conducted by a qualified marine surveyor. A license or delivery permit shall be valued separately. The director may specify a maximum price to be paid for a vessel, gear, license, or delivery permit purchased under RCW 77.80.020 . A license or delivery permit purchased under RCW 77.80.020 shall be permanently retired by the department.
RCW 77.15.500 — Washington Code / Title 77 / Chapter 15 / Section 500
RCW 77.15.500: Commercial fishing without a license—Penalty.
Status: in_force

(1) A person is guilty of commercial fishing without a license in the second degree if the person fishes for, takes, or delivers fish or shellfish while acting for commercial purposes and: (a) The person does not hold a fishery license or delivery license under chapter 77.65 RCW for the fish or shellfish; (b) The person is not a licensed operator designated as an alternate operator on a fishery or delivery license under chapter 77.65 RCW for the fish or shellfish; or (c) The person does not hold a crewmember license when required under RCW 77.65.610 . (2) A person is guilty of commercial fishing without a license in the first degree if the person commits the act described by subsection (1) of this section and: (a) The violation involves taking, delivery, or possession of fish or shellfish with a value of two hundred fifty dollars or more; or (b) The violation involves taking, delivery, or possession of fish or shellfish from an area that was closed to the taking of the fish or shellfish by any statute or rule. (3)(a) Commercial fishing without a license in the second degree is a gross misdemeanor. (b) Commercial fishing without a license in the first degree is a class C felony.
RCW 77.15.120 — Washington Code / Title 77 / Chapter 15 / Section 120
RCW 77.15.120: Endangered fish or wildlife—Unlawful taking—Penalty.
Status: in_force

(1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if: (a) The person hunts for, fishes for, possesses, maliciously harasses, or kills fish or wildlife, or possesses or intentionally destroys the nests or eggs of fish or wildlife; (b) The fish or wildlife is designated by the commission as endangered; and (c) The taking of the fish or wildlife or the destruction of the nests or eggs has not been authorized by rule of the commission, a permit issued by the department, or a permit issued pursuant to the federal endangered species act. (2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been: (a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the taking, possessing, or malicious harassment of endangered fish or wildlife; and (b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section. (3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor. (b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person's privileges to hunt, fish, trap, or obtain licenses under this title to be suspended for two years.
RCW 77.50.020 — Washington Code / Title 77 / Chapter 50 / Section 020
RCW 77.50.020: Limitations on commercial fishing for chinook or coho salmon in Pacific Ocean and Straits of Juan de Fuca.
Status: in_force

(1) The commission may authorize commercial fishing for coho salmon in the Pacific Ocean and the Straits of Juan de Fuca only from June 16th through October 31st. (2) The commission may authorize commercial fishing for chinook salmon in the Pacific Ocean and the Straits of Juan de Fuca only from March 15th through October 31st.
RCW 77.15.650 — Washington Code / Title 77 / Chapter 15 / Section 650
RCW 77.15.650: Unlawful purchase or use of a license—Penalty.
Status: in_force

(1) A person is guilty of unlawful purchase or use of a license in the second degree if the person buys, holds, uses, displays, transfers, or obtains any license, tag, permit, or approval required by this title and the person: (a) Uses false information to buy, hold, use, display, or obtain a license, permit, tag, or approval; (b) Acquires, holds, or buys in excess of one license, permit, or tag for a license year if only one license, permit, or tag is allowed per license year; (c) Except as authorized under RCW 77.32.565 , uses or displays a license, permit, tag, or approval that was issued to another person; (d) Except as authorized under RCW 77.32.565 , permits or allows a license, permit, tag, or approval to be used or displayed by another person not named on the license, permit, tag, or approval; (e) Acquires or holds a license while privileges for the license are revoked or suspended; (f) Holds a resident license from another state or country. This subsection (1)(f) only applies if the Washington license, tag, permit, or approval that the person buys, holds, uses, displays, transfers, or obtains is a resident license. It is prima facie evidence of a violation of this section if any person who has a resident license from another state or country purchases a resident license, tag, permit, or approval in Washington. This subsection does not apply to individuals who meet the definition of "resident" in RCW 77.08.075 (2), (3), and (4). (2) A person is guilty of unlawful purchase or use of a license in the first degree if the person commits the act described by subsection (1) of this section and the person was acting with intent that the license, permit, tag, or approval be used for any commercial purpose. A person is presumed to be acting with such intent if the violation involved obtaining, holding, displaying, or using a license or permit for participation in any commercial fishery issued under this title or a license authorizing fish or wildlife buying, trafficking, or wholesaling. (3)(a) Unlawful purchase or use of a license in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a two-year suspension of participation in the activities for which the person unlawfully obtained, held, or used a license, permit, tag, or approval. (b) Unlawful purchase or use of a license in the first degree is a class C felony. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a five-year suspension of participation in any activities for which the person unlawfully obtained, held, or used a license, permit, tag, or approval. (4) For purposes of this section, a person "uses" a license, permit, tag, or approval if the person engages in any activity authorized by the license, permit, tag, or approval held or possessed by the person. Such uses include but are not limited to fishing, hunting, taking, trapping, delivery or landing fish or wildlife, and selling, buying, or wholesaling of fish or wildlife. (5) Any license obtained in violation of this section is void upon issuance and is of no legal effect.
RCW 77.140.010 — Washington Code / Title 77 / Chapter 140 / Section 010
RCW 77.140.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Commercially caught" means wild or hatchery-raised salmon harvested in the wild by commercial fishers. The term does not apply to farmed fish raised exclusively by private sector aquaculture. (2) "Fish" means fresh or saltwater finfish and other forms of aquatic animal life other than crustaceans, mollusks, birds, and mammals where the animal life is intended for human consumption. (3) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in RCW 77.08.020 , and includes: SCIENTIFIC NAME COMMON NAME Oncorhynchus tshawytscha Chinook salmon or king salmon Oncorhynchus kisutch Coho salmon or silver salmon Oncorhynchus keta Chum or "keta" salmon Oncorhynchus gorbuscha Pink salmon Oncorhynchus nerka Sockeye or "red" salmon Salmo salar (in other than Atlantic salmon its landlocked form) (4) "Shellfish" means crustaceans and all mollusks where the animal life is intended for human consumption.
RCW 77.12.540 — Washington Code / Title 77 / Chapter 12 / Section 540
RCW 77.12.540: Public shooting grounds—Effect of filing—Use for booming.
Status: in_force

Upon filing a certificate with the commissioner of public lands that shows that lands will be used for public shooting grounds by the department, the lands shall be withdrawn from sale or lease and then may be used as public shooting grounds under control of the department. The commissioner of public lands may also use the lands for booming purposes.
RCW 77.95.260 — Washington Code / Title 77 / Chapter 95 / Section 260
RCW 77.95.260: State purchase of private salmon smolts—Private ocean ranching not authorized.
Status: in_force

Nothing in chapter 336, Laws of 1989 shall authorize the practice of private ocean ranching. Privately contracted smolts become the property of the state at the time of release.
RCW 77.12.085 — Washington Code / Title 77 / Chapter 12 / Section 085
RCW 77.12.085: Liberalized bag limits for bass, walleye, and channel catfish.
Status: in_force

The commission shall adopt rules to liberalize bag limits for bass, walleye, and channel catfish in all anadromous waters of the state in order to reduce the predation risk to salmon smolts.
RCW 77.50.050 — Washington Code / Title 77 / Chapter 50 / Section 050
RCW 77.50.050: Reef net salmon fishing gear—Reef net areas specified.
Status: in_force

The commission shall not authorize use of reef net fishing gear except in the reef net areas described in this section. (1) Point Roberts reef net fishing area includes those waters within 250 feet on each side of a line projected 129° true from a point at longitude 123° 01' 15" W. latitude 48° 58' 38" N. to a point one mile distant, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6300, published September, 1941, in Washington, D.C., eleventh edition. (2) Cherry Point reef net fishing area includes those waters inland and inside the 10-fathom line between lines projected 205° true from points on the mainland at longitude 122° 44' 54" latitude 48° 51' 48" and longitude 122° 44' 18" latitude 48° 51' 33", a [as] such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (3) Lummi Island reef net fishing area includes those waters inland and inside a line projected from Village Point 208° true to a point 900 yards distant, thence 129° true to the point of intersection with a line projected 259° true from the shore of Lummi Island 122° 40' 42" latitude 48° 41' 32", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition, revised 11-25-57, save and except that there shall be excluded therefrom all waters lying inside of a line projected 259° true from a point at 122° 40' 42" latitude 48° 41' 32" to a point 300 yards distant from high tide, thence in a northerly direction to the United States Coast and Geodetic Survey reference mark number 2, 1941-1950, located on that point on Lummi Island known as Lovers Point, as such descriptions are shown upon the United States Coast and Geodetic Survey map number 6380 as aforesaid. The term "Village Point" as used herein shall be construed to mean a point of location on Village Point, Lummi Island, at the mean high tide line on a true bearing of 43° 53' a distance of 457 feet to the center of the chimney of a wood frame house on the east side of the county road. Said chimney and house being described as Village Point Chimney on page 612 of the United States Coast and Geodetic Survey list of geographic positions No. G-5455, Rosario Strait. (4) Sinclair Island reef net fishing area includes those waters inland and inside a line projected from the northern point of Sinclair Island to Boulder reef, thence 200° true to the northwesterly point of Sinclair Island, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (5) Flat Point reef net fishing area includes those waters within a radius of 175 feet of a point off Lopez Island located at longitude 122° 55' 24" latitude 48° 32' 33", as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (6) Lopez Island reef net fishing area includes those waters within 400 yards of shore between lines projected true west from points on the shore of Lopez Island at longitude 122° 55' 04" latitude 48° 31' 59" and longitude 122° 55' 54" latitude 48° 30' 55", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (7) Iceberg Point reef net fishing area includes those waters inland and inside a line projected from Davis Point on Lopez Island to the west point of Long Island, thence to the southern point of Hall Island, thence to the eastern point at the entrance to Jones Bay, and thence to the southern point at the entrance to Mackaye Harbor on Lopez Island; and those waters inland and inside a line projected 320° from Iceberg Point light on Lopez Island, a distance of 400 feet, thence easterly to the point on Lopez Island at longitude 122° 53' 00" latitude 48° 25' 39", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (8) Aleck Bay reef net fishing area includes those waters inland and inside a line projected from the southwestern point at the entrance to Aleck Bay on Lopez Island at longitude 122° 51' 11" latitude 48° 25' 14" southeasterly 800 yards to the submerged rock shown on U.S.G.S. map number 6380, thence northerly to the cove on Lopez Island at longitude 122° 50' 49" latitude 48° 25' 42", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (9) Shaw Island reef net fishing area number 1 includes those waters within 300 yards of shore between lines projected true south from points on Shaw Island at longitude 122° 56' 14" latitude 48° 33' 28" and longitude 122° 57' 29" latitude 48° 32' 58", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (10) Shaw Island reef net fishing area number 2 includes those waters inland and inside a line projected from Point George on Shaw Island to the westerly point of Neck Point on Shaw Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (11) Stuart Island reef net fishing area number 1 includes those waters within 600 feet of the shore of Stuart Island between lines projected true east from points at longitude 123° 10' 47" latitude 48° 39' 47" and longitude 123° 10' 47" latitude 48° 39' 33", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (12) Stuart Island reef net fishing area number 2 includes those waters within 250 feet of Gossip Island, also known as Happy Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (13) Johns Island reef net fishing area includes those waters inland and inside a line projected from the eastern point of Johns Island to the northwestern point of Little Cactus Island, thence northwesterly to a point on Johns Island at longitude 123° 09' 24" latitude 48° 39' 59", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (14) Battleship Island reef net fishing area includes those waters lying within 350 feet of Battleship Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (15) Open Bay reef net fishing area includes those waters lying within 150 feet of shore between lines projected true east from a point on Henry Island at longitude 123° 11' 34 1/2" latitude 48° 35' 27 1/2" at a point 250 feet south, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (16) Mitchell Reef net fishing area includes those waters within a line beginning at the rock shown on U.S.G.S. map number 6380 at longitude 123° 10' 56" latitude 48° 34' 49 1/2", and projected 50 feet northwesterly, thence southwesterly 250 feet, thence southeasterly 300 feet, thence northeasterly 250 feet, thence to the point of beginning, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (17) Smugglers Cove reef fishing area includes those waters within 200 feet of shore between lines projected true west from points on the shore of San Juan Island at longitude 123° 10' 29" latitude 48° 33' 50" and longitude 123° 10' 31" latitude 48° 33' 45", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (18) Andrews Bay reef net fishing area includes those waters lying within 300 feet of the shore of San Juan Island between a line projected true south from a point at the northern entrance of Andrews Bay at longitude 123° 09' 53 1/2" latitude 48° 33' 00" and the cable crossing sign in Andrews Bay, at longitude 123° 09' 45" latitude 48° 33' 04", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (19) Orcas Island reef net fishing area includes those waters inland and inside a line projected true west a distance of 1,000 yards from the shore of Orcas Island at longitude 122° 57' 40" latitude 48° 41' 06" thence northeasterly to a point 500 feet true west of Point Doughty, then true east to Point Doughty, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
RCW 77.12.600 — Washington Code / Title 77 / Chapter 12 / Section 600
RCW 77.12.600: Game farms—Shipping of wildlife—Exemption.
Status: in_force

A common carrier may transport wildlife shipped by a licensed game farmer if the wildlife is tagged, sealed, or invoiced as provided in RCW 77.12.590 . Packages containing wildlife shall have affixed to them tags or labels showing the name of the licensee and the consignee. For purposes of this section, wildlife does not include private sector cultured aquatic products as defined in RCW 15.85.020 . However, if a means of identifying such products is required by rules adopted under RCW 15.85.060 , this exemption from the definition of wildlife applies only if the aquatic products are identified in conformance with those rules.
RCW 77.125.040 — Washington Code / Title 77 / Chapter 125 / Section 040
RCW 77.125.040: Rules adoption.
Status: in_force

Rules to implement this chapter shall be adopted no sooner than thirty days following the end of the 2002 regular legislative session.
RCW 77.55.151 — Washington Code / Title 77 / Chapter 55 / Section 151
RCW 77.55.151: Permit issued to a marina or marine terminal for regular maintenance activities.
Status: in_force

(1) Upon application under RCW 77.55.021 , the department shall issue a renewable, five-year permit to a marina or marine terminal for its regular maintenance activities identified in the application. (2) For the purposes of this section, regular maintenance activities may include, but are not limited to: (a) Maintenance or repair of a boat ramp, launch, or float within the existing footprint; (b) Maintenance or repair of an existing overwater structure within the existing footprint; (c) Maintenance or repair of boat lifts or railway launches; (d) Maintenance or repair of pilings, including the replacement of bumper pilings; (e) Dredging of less than fifty cubic yards; (f) Maintenance or repair of shoreline armoring or bank protection; (g) Maintenance or repair of wetland, riparian, or estuarine habitat; and (h) Maintenance or repair of an existing outfall. (3) The five-year permit must include a requirement that a fourteen-day notice be given to the department before regular maintenance activities begin. (4) A permit under this section is subject to the application fee provided in *RCW 77.55.321 .
RCW 77.55.371 — Washington Code / Title 77 / Chapter 55 / Section 371
RCW 77.55.371: Memorandum of agreement to implement integration of hydraulic project approvals into forest practices applications—Interagency contract.
Status: in_force

(1) The department and the department of natural resources shall enter into and maintain a memorandum of agreement between the two agencies that describes how to implement integration of hydraulic project approvals into forest practices applications consistent with chapter 1, Laws of 2012 1st sp. sess. (2) The initial memorandum of agreement required under subsection (1) of this section between the two departments must be executed by December 31, 2012. The memorandum of agreement may be amended as agreed to by the two departments. (3) The department and the department of natural resources shall enter into and maintain an interagency contract to ensure implementation of chapter 1, Laws of 2012 1st sp. sess. and the memorandum of agreement between the two agencies required under subsection (1) of this section. The contract must include funding provisions for the department's review of forest practices hydraulic projects.
RCW 77.15.210 — Washington Code / Title 77 / Chapter 15 / Section 210
RCW 77.15.210: Obstructing the taking of fish, shellfish, or wildlife—Penalty.
Status: in_force

(1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person: (a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or (b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof. (2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor. (3) It is an affirmative defense to a prosecution for obstructing the taking of fish, shellfish, or wildlife that the person charged was: (a) Interfering with a person engaged in hunting outside the legally established hunting season; or (b) Preventing or attempting to prevent unauthorized trespass on private property. (4) The person raising a defense under subsection (3) of this section has the burden of proof by a preponderance of the evidence.
RCW 77.100.040 — Washington Code / Title 77 / Chapter 100 / Section 040
RCW 77.100.040: Cooperative projects—Sale of surplus salmon eggs and carcasses.
Status: in_force

The department may authorize the sale of surplus salmon eggs and carcasses by permitted cooperative projects for the purposes of defraying the expenses of the cooperative project. In no instance shall the department allow a profit to be realized through such sales. The department shall adopt rules to implement this section pursuant to chapter 34.05 RCW.
RCW 77.50.040 — Washington Code / Title 77 / Chapter 50 / Section 040
RCW 77.50.040: Commercial net fishing for salmon in tributaries of Columbia river—Boundaries defined.
Status: in_force

(1) The commission shall adopt rules defining geographical boundaries of the following Columbia river tributaries and sloughs: (a) Washougal river; (b) Camas slough; (c) Lewis river; (d) Kalama river; (e) Cowlitz river; (f) Elokomin river; (g) Elokomin sloughs; (h) Skamokawa sloughs; (i) Grays river; (j) Deep river; (k) Grays bay. (2) The commission may authorize commercial net fishing for salmon in the tributaries and sloughs from September 1st to November 30th only, if the time, areas, and level of effort are regulated in order to maximize the recreational fishing opportunity while minimizing excess returns of fish to hatcheries. The commission shall not authorize commercial net fishing if a significant catch of steelhead would occur.
RCW 77.12.467 — Washington Code / Title 77 / Chapter 12 / Section 467
RCW 77.12.467: Wildlife rehabilitation program—Requirements to receive funding—Reports accounting for all expenditures of state funds—Permitted expenditures—Adoption of rules.
Status: in_force

(1) The director shall establish a wildlife rehabilitation program to help support the critical role licensed wildlife rehabilitators play in protecting the public by capturing, testing for disease, and caring for sick, injured, and orphaned wildlife in Washington state. The director shall contract for wildlife rehabilitation services with up to four people in each of the department's six administrative regions. Applicants may submit only one request every two years and must reside in the administrative region for which they have applied. The contracts must be for a term of two years. (2) In order to receive funding, the wildlife rehabilitator must: (a) Be properly licensed in wildlife rehabilitation under state and federal law; and (b) furnish information concerning his or her identity, including fingerprints for submission to the Washington state patrol to include a national criminal background check. The applicant must pay for the cost of the criminal background check. If the background check reveals that the applicant has been convicted of a felony or gross misdemeanor, the applicant is ineligible to receive funding. (3) The department must require that contractors submit detailed reports accounting for all expenditures of state funds. The reports must be submitted to the department on a quarterly basis. The department may require the contractor to submit to an inspection of the rehabilitation facility to ensure compliance with department rules governing wildlife rehabilitation. Expenditures that are permitted under this program as they specifically relate to wildlife rehabilitation include: (a) Reimbursement for diagnostic and lab support services; (b) purchase and maintenance of proper restraints and equipment used in the capture, transportation, temporary housing, and release of wildlife; (c) reimbursement of contracted veterinary services; (d) reimbursement of the cost of food, medication, and other consumables; and (e) reimbursement of the cost of continuing education. The department shall give priority to applications submitted that provide for the rehabilitation of endangered or threatened species. Funds may not be used to rehabilitate either nonnative species or nuisance animals, or both, including, but not limited to the following: Eastern gray squirrels (Sciurus carolinensis) ; opossum (Didelphis virginiana) ; raccoons (Procyon lotor) ; striped skunk (Mephitis mephitis) ; spotted skunk (Spilogale putorius) ; Eastern cottontail rabbit (Sylvilagus floridanus) ; domestic rabbit (Oryctolagus cuniculus) ; European starling (Sturnus vulgaris) ; and house sparrow (Passer domesticus) . (4) The department may adopt any rules as are necessary to carry out this section.
RCW 77.140.050 — Washington Code / Title 77 / Chapter 140 / Section 050
RCW 77.140.050: Fish and shellfish—Rules for identification and labeling.
Status: in_force

To promote honesty and fair dealing for consumers and to protect public health and safety, the director, may adopt rules as necessary to: (1) Establish and implement a reasonable definition and identification standard for species of fish and shellfish that are sold for human consumption; (2) Provide procedures for enforcing this chapter's fish and shellfish labeling requirements and misbranding prohibitions.
RCW 77.80.020 — Washington Code / Title 77 / Chapter 80 / Section 020
RCW 77.80.020: Program authorized—Conditions.
Status: in_force

(1)(a) The department may purchase commercial fishing vessels and appurtenant gear, and the current state commercial fishing licenses, delivery permits, and charter boat licenses if the license or permit holder was substantially restricted in fishing as a result of compliance with United States of America et al. v. State of Washington et al., Civil No. 9213, United States District Court for Western District of Washington, February 12, 1974, and Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon, 1969), as amended, affirmed, and remanded 529 F. 2d 570 (9th Cir., 1976). (b) The department may also make such purchases if the license or permit holder was substantially restricted in fishing as a result of compliance with United States of America et al. v. State of Washington et al ., 873 F. Supp. 1422 (W.D. Wash. 1994) as affirmed in part, reversed in part, and remanded 157 F.3d 630 (9th Cir., 1998), if the federal government provides funding to the state for the purpose of initiating these purchases. (2) The department shall not purchase a vessel under this section without also purchasing all current Washington commercial fishing licenses and delivery permits and charter boat licenses issued to the vessel or its owner. The department may purchase current licenses and delivery permits without purchasing the vessel.
RCW 77.65.250 — Washington Code / Title 77 / Chapter 65 / Section 250
RCW 77.65.250: Hardshell clam mechanical harvester fishery license.
Status: in_force

A hardshell clam mechanical harvester fishery license is required to operate a mechanical or hydraulic device for commercially harvesting clams, other than geoduck clams, unless the requirements of RCW 77.55.021 are fulfilled for the proposed activity.
RCW 77.70.260 — Washington Code / Title 77 / Chapter 70 / Section 260
RCW 77.70.260: Ocean pink shrimp—Single delivery license—Fees.
Status: in_force

The owner of an ocean pink shrimp fishing vessel that does not qualify for an ocean pink shrimp delivery license issued under RCW 77.65.390 shall obtain an ocean pink shrimp single delivery license in order to make a landing into a state port of ocean pink shrimp taken in offshore waters. The director shall not issue an ocean pink shrimp single delivery license unless, as determined by the director, a bona fide emergency exists. A maximum of six ocean pink shrimp single delivery licenses may be issued annually to any vessel. The fee for an ocean pink shrimp single delivery license is one hundred dollars. The application fee is one hundred five dollars.
RCW 77.85.170 — Washington Code / Title 77 / Chapter 85 / Section 170
RCW 77.85.170: Salmon recovery account.
Status: in_force

The salmon recovery account is created in the state treasury. To the account shall be deposited such funds as the legislature directs or appropriates to the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for salmon recovery.
RCW 77.140.030 — Washington Code / Title 77 / Chapter 140 / Section 030
RCW 77.140.030: Fish and shellfish labeling—Identification of species—Exceptions—Penalty.
Status: in_force

(1) It is unlawful to knowingly sell or offer for sale at wholesale or retail any fresh, frozen, or processed fish or shellfish without identifying for the buyer at the point of sale the species of fish or shellfish by its common name, such that the buyer can make an informed purchasing decision for his or her protection, health, and safety. (2) It is unlawful to knowingly label or offer for sale any fish designated as halibut, with or without additional descriptive words, unless the fish product is Hippoglossus hippoglossus or Hippoglossus stenolepsis . (3) This section does not apply to salmon that is minced, pulverized, coated with batter, or breaded. (4) This section does not apply to a commercial fisher properly licensed under chapter 77.65 or 77.70 RCW and engaged in sales of fish to a wholesale fish buyer. (5) A violation of this section constitutes misbranding under RCW 77.140.060 and is punishable as a misdemeanor, gross misdemeanor, or felony depending on the fair market value of the fish or shellfish involved in the violation. (6)(a) The common names for salmon species are as listed in RCW 77.140.010 . (b) The common names for all other fish and shellfish are the common names for fish and shellfish species as defined by rule of the department. If the common name for a species is not defined by rule of the department, then the common name is the acceptable market name or common name as provided in the United States food and drug administration's publication "Seafood list - FDA's guide to acceptable market names for seafood sold in interstate commerce," as the publication existed on July 28, 2013. (7) For the purposes of this section, "processed" means fish or shellfish processed by heat for human consumption, such as fish or shellfish that is kippered, smoked, boiled, canned, cleaned, portioned, or prepared for sale or attempted sale for human consumption. (8) Nothing in this section precludes using additional descriptive language or trade names to describe fish or shellfish as long as the labeling requirements in this section are met.
RCW 77.65.560 — Washington Code / Title 77 / Chapter 65 / Section 560
RCW 77.65.560: Application for food fish guide license/game fish guide license—Required information.
Status: in_force

(1) Any application for a food fish guide license or game fish guide license under RCW 77.65.480 must include: (a) The applicant's driver's license or other government-issued identification card number and the jurisdiction of issuance; (b) The applicant's unified business identifier number under a business license issued under RCW 19.02.070 ; (c) Proof of current certification in first aid and cardiopulmonary resuscitation; (d) A certificate of insurance demonstrating that the applicant has commercial liability coverage of at least three hundred thousand dollars; (e) If applicable, an original or notarized copy of a valid license issued by the United States coast guard to the applicant that authorizes the holder to carry passengers for hire; and (f) A sworn declaration requiring the applicant to certify whether the area of operations will include federally recognized navigable waters with a motorized vessel. (2) The requirements of this section related to licensure by the United States coast guard apply only to applicants intending to carry passengers for hire with a motorized vessel on federally recognized navigable waters. The license issued by the United States coast guard must be valid in the waters where the game fish guide or food fish guide license applicant will be carrying passengers for hire in a motorized vessel. (3) The requirements in this section are in addition to the requirements of RCW 77.65.050 .
RCW 77.95.230 — Washington Code / Title 77 / Chapter 95 / Section 230
RCW 77.95.230: Director's determination of salmon production costs.
Status: in_force

The director shall determine the cost of operating all state-funded salmon production facilities at full capacity and shall provide this information with the department's biennial budget request.
RCW 77.105.050 — Washington Code / Title 77 / Chapter 105 / Section 050
RCW 77.105.050: Marine bottomfish species—Research, methods, and programs for artificial rearing.
Status: in_force

The department may conduct research, develop methods, and implement programs for the artificial rearing and release of marine bottomfish species. Marine bottomfish species of importance in the recreational fishery are the primary emphasis. The department may use artificial habitats to restore and mitigate for degraded rockfish habitats and enhance recreational opportunities.
RCW 77.36.160 — Washington Code / Title 77 / Chapter 36 / Section 160
RCW 77.36.160: Request for relocating beaver.
Status: in_force

(1) Whenever the department receives a request for relocating beaver, the department must inform the requesting party of locations, if available, of surplus beaver available for capture and relocation. The department may identify nuisance beaver or areas with thriving beaver populations as a source population for capturing and relocating beaver. (2) The department shall post on the agency's website quarterly reports of nuisance beaver activity, beaver trapping, and beaver relocations reported to the department.
RCW 77.95.280 — Washington Code / Title 77 / Chapter 95 / Section 280
RCW 77.95.280: Chinook and coho salmon—External marking of hatchery-produced fish—Findings.
Status: in_force

The legislature declares that the state has a vital interest in the continuation of recreational fisheries for chinook salmon and coho salmon in mixed stock areas, and that the harvest of hatchery origin salmon should be encouraged while wild salmon should be afforded additional protection when required. A program of selective harvest shall be developed utilizing hatchery salmon that are externally marked in a conspicuous manner, regulations that promote the unharmed release of unmarked fish, when and where appropriate, and a public information program that educates the public about the need to protect depressed stocks of wild salmon. The legislature further declares that the establishment of other incentives for commercial fishing and fish processing in Washington will complement the program of selective harvest in mixed stock fisheries anticipated by this legislation [act].
RCW 77.12.459 — Washington Code / Title 77 / Chapter 12 / Section 459
RCW 77.12.459: Release and recapture of salmon or steelhead prohibited.
Status: in_force

A person other than the United States, an Indian tribe recognized as such by the federal government, the state, a subdivision of the state, or a municipal corporation or an agency of such a unit of government shall not release salmon or steelhead trout into the public waters of the state and subsequently to recapture and commercially harvest such salmon or trout. This section shall not prevent any person from rearing salmon or steelhead trout in pens or in a confined area under circumstances where the salmon or steelhead trout are confined and never permitted to swim freely in open water.
RCW 77.60.080 — Washington Code / Title 77 / Chapter 60 / Section 080
RCW 77.60.080: Imported oyster seed—Permit and inspection required.
Status: in_force

The department may not authorize a person to import oysters or oyster seed into this state for the purpose of planting them in state waters without a permit from the director. The director shall issue a permit only after an adequate inspection has been made and the oysters or oyster seed are found to be free of disease, pests, and other substances which might endanger oysters in state waters.
RCW 77.65.590 — Washington Code / Title 77 / Chapter 65 / Section 590
RCW 77.65.590: Fish guide combination license—Rule making—Fee.
Status: in_force

(1) A fish guide combination license allows the holder to offer or perform the services of a food fish guide and game fish guide. (2) The commission must adopt rules to create and sell a fish guide combination license. The cost of the fish guide combination license or licenses must be below a fee equal to the total cost of the individual licenses contained within the combination.
RCW 77.95.050 — Washington Code / Title 77 / Chapter 95 / Section 050
RCW 77.95.050: "Enhancement project" defined.
Status: in_force

As used in this chapter, "enhancement project" means salmon propagation activities including, but not limited to, hatcheries, spawning channels, rearing ponds, egg boxes, fishways, fish screens, streambed clearing, erosion control, habitat restoration, net pens, applied research projects, and any equipment, real property, or other interest necessary to the proper operation thereof.
RCW 77.135.100 — Washington Code / Title 77 / Chapter 135 / Section 100
RCW 77.135.100: Aquatic conveyance—Certificate of inspection—Adoption of rules.
Status: in_force

(1) A person in possession of an aquatic conveyance who enters Washington by road, air, or water is required to have a certificate of inspection. A person must provide this certificate of inspection upon request by a fish and wildlife officer or ex officio fish and wildlife officer. (2) The department must adopt rules to implement this section including: (a) Types of aquatic conveyances required to have a certificate of inspection; (b) Allowable certificate of inspection forms including passport type systems and integration with existing similar permits; (c) Situations when authorization can be obtained for transporting an aquatic conveyance not meeting inspection requirements to a specified location within the state where certificate of inspection requirements can be provided; and (d) Situations where aquatic conveyances are using shared boundary waters of the state, such as portions of the Columbia river, lake Osoyoos, and the Puget Sound.
RCW 77.95.300 — Washington Code / Title 77 / Chapter 95 / Section 300
RCW 77.95.300: Chinook and coho salmon—External marking of hatchery-produced fish—Rules.
Status: in_force

The department shall adopt rules to control the mixed stock chinook and coho fisheries of the state so as to sustain healthy stocks of wild salmon, allow the maximum survival of wild salmon, allow for spatially separated fisheries that target on hatchery stocks, foster the best techniques for releasing wild chinook and coho salmon, and contribute to the economic viability of the fishing businesses of the state.
RCW 77.75.060 — Washington Code / Title 77 / Chapter 75 / Section 060
RCW 77.75.060: Coastal ecosystems cooperative agreements authorized.
Status: in_force

Until such time as the agencies in California, Idaho, Oregon, and Washington present a final proposed interstate compact for enactment by their respective legislative bodies, the governor may establish cooperative agreements with the states of California, Idaho, and Oregon that allow the states to coordinate their individual efforts in developing state programs that further the regionwide goals set forth under RCW 77.75.050 .
RCW 77.70.490 — Washington Code / Title 77 / Chapter 70 / Section 490
RCW 77.70.490: Pacific sardine purse seine fishery license—Fees—Temporary annual fishery permit—Fees—Adoption of rules regarding bycatch.
Status: in_force

(1) A Washington Pacific sardine purse seine fishery license: (a) May only be issued to a person that held a coastal pilchard experimental fishery permit in 2008, except as otherwise provided in this section; (b) Must be renewed annually to remain active; and (c) Subject to the restrictions of subsections (6) and (7) of this section and RCW 77.65.040 , is transferable. (2) A Washington Pacific sardine purse seine fishery license may be issued to any person that held a coastal pilchard experimental fishery permit in 2005, 2006, or 2007 and is precluded from qualifying under subsection (1) of this section because the vessel designated on the permit sank prior to 2008. (3) Beginning in 2010, after taking into consideration the status of the Pacific sardine population, the impact of removal of sardines and other forage fish to the marine ecosystem, including the effect on endangered marine species, and the market for Pacific sardines in the state, the director may issue: (a) A Washington Pacific sardine purse seine fishery license to any person provided that the issuance would not raise the number of licenses beyond the number initially issued in 2009; (b) A Washington Pacific sardine purse seine temporary annual fishery permit to any person if the combined number of active Washington Pacific sardine purse seine fishery licenses and annual temporary permits already issued during the year is less than twenty-five. (4) The annual fee for a Washington Pacific sardine purse seine fishery license and the application fee are specified in RCW 77.65.200 . (5) The fee for a Washington Pacific sardine purse seine temporary annual fishery permit and the application fee are specified in RCW 77.65.200 . A temporary annual fishery permit expires at the end of the calendar year in which the permit is issued. (6) Only a person who owns or operates the vessel designated on the license or permit may hold a Washington Pacific sardine purse seine fishery license or temporary annual fishery permit. (7) A person may not own or hold an ownership interest in more than two Washington Pacific sardine purse seine fishery licenses. (8) The director shall adopt rules that require a person fishing under a Washington Pacific sardine purse seine fishery license or a temporary annual permit to minimize bycatch, and to the extent bycatch cannot be avoided, to minimize the mortality of such bycatch.
RCW 77.15.600 — Washington Code / Title 77 / Chapter 15 / Section 600
RCW 77.15.600: Engaging in commercial wildlife activity without a license—Penalty.
Status: in_force

(1) A person is guilty of engaging in commercial wildlife activity without a license if the person: (a) Deals in raw furs for commercial purposes and does not hold a fur dealer license required by chapter 77.65 RCW; or (b) Practices taxidermy for commercial purposes and does not hold a taxidermy license required by chapter 77.65 RCW. (2) Engaging in commercial wildlife activities without a license is a gross misdemeanor.
RCW 77.15.150 — Washington Code / Title 77 / Chapter 15 / Section 150
RCW 77.15.150: Poison or explosives—Unlawful use—Penalty.
Status: in_force

(1) A person is guilty of unlawful use of poison or explosives if: (a) The person lays out, sets out, or uses a drug, poison, or other deleterious substance that kills, injures, harms, or endangers fish, shellfish, or wildlife, except if the person is using the substance in compliance with federal and state laws and label instructions; or (b) The person lays out, sets out, or uses an explosive that kills, injures, harms, or endangers fish, shellfish, or wildlife, except if authorized by law or permit of the director. (2) Unlawful use of poison or explosives is a gross misdemeanor.
RCW 77.65.350 — Washington Code / Title 77 / Chapter 65 / Section 350
RCW 77.65.350: Salmon roe—Sale by crewmember on a boat designated on a salmon charter license—Requirements.
Status: in_force

(1) Crewmembers on a boat designated on a salmon charter license may sell salmon roe subject to rules of the department as long as: (a) The salmon is taken by an angler fishing on the charter boat and recorded on the angler's catch record card; (b) The roe is the property of the angler until the roe is given to the crewmember. The crewmember shall notify the charter boat's passengers of this fact; (c) The crewmember sells the roe to a licensed wholesale fish buyer; and (d) The crewmember is employed on a salmon charter boat designated on a valid license at the time of the sale.
RCW 77.15.230 — Washington Code / Title 77 / Chapter 15 / Section 230
RCW 77.15.230: Department lands or facilities—Unlawful use—Penalty.
Status: in_force

(1) A person is guilty of unlawful use of department lands or facilities if the person enters upon, uses, or remains upon department-owned or department-controlled lands or facilities in violation of any rule of the department. (2) Unlawful use of department lands or facilities is a misdemeanor.
RCW 77.60.160 — Washington Code / Title 77 / Chapter 60 / Section 160
RCW 77.60.160: Oyster reserve land account.
Status: in_force

(1) The oyster reserve land account is created in the state treasury. All receipts from revenues from the lease of land or sale of shellfish from oyster reserve lands must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only as provided in this section. (2) Funds in the account shall be used for the purposes provided for in this subsection: (a) Up to forty percent for: (i) The management expenses incurred by the department that are directly attributable to the management of the oyster reserve lands; and (ii) The expenses associated with new bivalve shellfish research and development activities at the Pt. Whitney and Nahcotta shellfish laboratories managed by the department. As used in this subsection, "new research and development activities" includes an emphasis on the control of aquatic nuisance species and burrowing shrimp. New research and development activities must be identified by the department and the appropriate oyster reserve advisory committee; (b) Up to ten percent may be deposited into the state general fund; and (c) Except as provided in subsection (3) of this section, all remaining funds in the account shall be used for the shellfish — on-site sewage grant program established in RCW 77.60.170 . (3)(a) No later than January 1st of each year, the department shall transfer up to fifty percent of the annual revenues generated in the preceding year from the Willapa harbor oyster reserve to the on-site sewage grant program established under RCW 77.60.170 as necessary to achieve a fund balance of one hundred thousand dollars. (b) All remaining revenues received from the Willapa harbor oyster reserve shall be used to fund research activities as specified in subsection (2)(a) of this section.
RCW 77.36.170 — Washington Code / Title 77 / Chapter 36 / Section 170
RCW 77.36.170: Limit on amount paid for injury or loss of livestock caused by wolves—Exceptions.
Status: in_force

(1) The department may pay no more than fifty thousand dollars per fiscal year from the limited fish and wildlife account created in RCW 77.12.170 (1) for claims and assessment costs for injury or loss of livestock caused by wolves submitted under RCW 77.36.100 . (2) Notwithstanding other provisions of this chapter, the department may also accept and expend money from other sources to address injury or loss of livestock or other property caused by wolves consistent with the requirements on that source of funding. (3) If any wildlife account expenditures authorized under subsection (1) of this section are unspent as of June 30th of a fiscal year, the state treasurer shall transfer the unspent amount to the wolf-livestock conflict account created in RCW 77.36.180 .
RCW 77.12.734 — Washington Code / Title 77 / Chapter 12 / Section 734
RCW 77.12.734: Transfer of ownership of department-owned vessel—Further requirements.
Status: in_force

(1) Following the inspection required under RCW 77.12.732 and prior to transferring ownership of a department-owned vessel, the department shall obtain the following from the transferee: (a) The purposes for which the transferee intends to use the vessel; and (b) Information demonstrating the prospective owner's intent to obtain legal moorage following the transfer, in the manner determined by the department. (2)(a) The department shall remove any containers or other materials that are not fixed to the vessel and contain hazardous substances, as defined under RCW 70A.305.020 . (b) However, the department may transfer a vessel with: (i) Those containers or materials described under (a) of this subsection where the transferee demonstrates to the department's satisfaction that the container's or material's presence is consistent with the anticipated use of the vessel; and (ii) A reasonable amount of fuel as determined by the department, based on factors including the vessel's size, condition, and anticipated use of the vessel, including initial destination following transfer. (c) The department may consult with the department of ecology in carrying out the requirements of this subsection. (3) Prior to sale, and unless the vessel has a title or valid marine document, the department is required to apply for a certificate of title for the vessel under RCW 88.02.510 and register the vessel under RCW 88.02.550 .
RCW 77.12.887 — Washington Code / Title 77 / Chapter 12 / Section 887
RCW 77.12.887: Washington conservation corps.
Status: in_force

The department shall cooperate, when appropriate, as a partner in the Washington conservation corps established in chapter 43.220 RCW.
RCW 77.12.035 — Washington Code / Title 77 / Chapter 12 / Section 035
RCW 77.12.035: Protection of grizzly bears—Limitation on transplantation or introduction—Negotiations with federal and state agencies.
Status: in_force

The commission shall protect grizzly bears and develop management programs on publicly owned lands that will encourage the natural regeneration of grizzly bears in areas with suitable habitat. Grizzly bears shall not be transplanted or introduced into the state. Only grizzly bears that are native to Washington state may be utilized by the department for management programs. The department is directed to fully participate in all discussions and negotiations with federal and state agencies relating to grizzly bear management and shall fully communicate, support, and implement the policies of this section.
RCW 77.95.170 — Washington Code / Title 77 / Chapter 95 / Section 170
RCW 77.95.170: Salmonid fish passage—Removing impediments—Grant program—Administration—Database directory.
Status: in_force

(1) The department may coordinate with the recreation and conservation office in the administration of all state grant programs specifically designed to assist state agencies, private landowners, tribes, organizations, and volunteer groups in identifying and removing impediments to salmonid fish passage. The transportation improvement board may administer all grant programs specifically designed to assist cities, counties, and other units of local governments with fish passage barrier corrections associated with transportation projects. All grant programs must be administered and be consistent with the following: (a) Salmonid-related corrective projects, inventory, assessment, and prioritization efforts; (b) Salmonid projects subject to a competitive application process; and (c) A minimum dollar match rate that is consistent with the funding authority's criteria. If no funding match is specified, a match amount of at least twenty-five percent per project is required. For local, private, and volunteer projects, in-kind contributions may be counted toward the match requirement. (2) Priority shall be given to projects that match the principles provided in RCW 77.95.180 . (3) All projects subject to this section shall be reviewed and approved by the fish passage barrier removal board created in RCW 77.95.160 or an alternative oversight committee designated by the state legislature. (4) Other agencies that administer natural resource-based grant programs shall use fish passage selection criteria that are consistent with this section when those programs are addressing fish passage barrier removal projects. (5)(a) The department shall establish a centralized database directory of all fish passage barrier information. The database directory must include, but is not limited to, existing fish passage inventories, fish passage projects, grant program applications, and other databases. These data must be used to coordinate and assist in habitat recovery and project mitigation projects. (b) The department must develop a barrier inventory training program that qualifies participants to perform barrier inventories and develop data that enhance the centralized database. The department may decide the qualifications for participation. However, employees and volunteers of conservation districts and regional salmon recovery groups must be given priority consideration.
RCW 77.70.140 — Washington Code / Title 77 / Chapter 70 / Section 140
RCW 77.70.140: Whiting-Puget Sound fishery license—Transferable to family members.
Status: in_force

A whiting-Puget Sound fishery license may be transferred through gift, devise, bequest, or descent to members of the license holder's immediate family which shall be limited to spouse, children, or stepchildren. The holder of a whiting-Puget Sound fishery license shall be present on any vessel taking whiting under the license. In no instance may temporary permits be issued. The director may adopt rules necessary to implement RCW 77.70.130 and 77.70.140 .
RCW 77.100.080 — Washington Code / Title 77 / Chapter 100 / Section 080
RCW 77.100.080: Duties of volunteer group.
Status: in_force

(1) The volunteer group shall: (a) Provide care and diligence in conducting the cooperative project; and (b) Maintain accurately the required records of the project on forms provided by the department. (2) The volunteer group shall acknowledge that fish and game reared in cooperative projects are public property and must be handled and released for the benefit of all citizens of the state. The fish and game are to remain public property until reduced to private ownership under rules of the commission.
RCW 77.65.440 — Washington Code / Title 77 / Chapter 65 / Section 440
RCW 77.65.440: Alternate operator—Geoduck diver—Food fish guide—Fees.
Status: in_force

The director shall issue the personal licenses listed in this section according to the requirements of this title. The licenses and their annual fees are: Personal License Annual Fee (RCW 77.95.090 Surcharge) Applica-tion Fee Governing Section Resident Nonresident (1) Alternate Operator $185 $570 $ 70 RCW 77.65.130 (2) Geoduck Diver $355 $740 $ 70 RCW 77.65.410 (3) Food Fish Guide $210 $595 $ 70 RCW 77.65.370 (plus $20) (plus $100)
RCW 77.15.094 — Washington Code / Title 77 / Chapter 15 / Section 094
RCW 77.15.094: Search without warrant—Seizure of evidence, property—Limitation.
Status: in_force

Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title and seize evidence as needed for law enforcement. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution. Seizure of property as evidence of a crime does not preclude seizure of the property for forfeiture as authorized by law.
RCW 77.65.620 — Washington Code / Title 77 / Chapter 65 / Section 620
RCW 77.65.620: Commercial whale watching license—Adoption of rules—Analysis and report to the governor and the legislature—Definitions.
Status: in_force

(1) The department must adopt rules for holders of a commercial whale watching license established in RCW 77.65.615 for the viewing of southern resident orca whales for the inland waters of Washington by January 1, 2021. The rules must be designed to reduce the daily and cumulative impacts on southern resident orca whales and consider the economic viability of license holders. The department shall at a minimum consider protections for southern resident orca whales by establishing limitations on: (a) The number of commercial whale watching operators that may view southern resident orca whales at one time; (b) The number of days and hours that commercial whale watching operators can operate; (c) The duration spent in the vicinity of southern resident orca whales; and (d) The areas in which commercial whale watching operators may operate. (2) The department may phase in requirements, but must adopt rules to implement this section. The department may consider the use of an automatic identification system to enable effective monitoring and compliance. (3) The department may phase in requirements, but must adopt rules pursuant to chapter 34.05 RCW to implement this section including public, industry, and interested party involvement. (4) Before January 1, 2021, the department shall convene an independent panel of scientists to review the current body of best available science regarding impacts to southern resident orcas by small vessels and commercial whale watching due to disturbance and noise. The department must use the best available science in the establishment of the southern resident orca whale watching rules and continue to adaptively manage the program using the most current and best available science. (5) The department shall complete an analysis and report to the governor and the legislature on the effectiveness of and any recommendations for changes to the whale watching rules, license fee structure, and approach distance rules by November 30, 2022, and every two years thereafter until 2026. This report must be in compliance with RCW 43.01.036 . (6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Commercial whale watching" has the same meaning as defined in RCW 77.65.615 . (b) "Commercial whale watching operators" has the same meaning as defined in RCW 77.65.615 . (c) "Inland waters of Washington" means Puget Sound and related inland marine waters, including all salt waters of the state of Washington inside the international boundary line between Washington and British Columbia, and lying east of the junction of the Pacific Ocean and the Strait of Juan de Fuca, and the rivers and streams draining to Puget Sound as mapped by water resource inventory areas 1 through 19 in WAC 173-500-040 as it exists on July 1, 2007.