reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.020 - Composition of department—Powers and duties.

RCW 77.04.020
Composition of department—Powers and duties.
The department consists of the state fish and wildlife commission and the director. The commission may delegate to the director any of the powers and duties vested in the commission.
[ 2000 c 107 § 202; 1996 c 267 § 32; 1993 sp.s. c 2 § 59; 1987 c 506 § 4; 1980 c 78 § 3; 1955 c 36 § 77.04.020. Prior: 1947 c 275 § 2; Rem. Supp. 1947 § 5992-12.]
NOTES:
Intent—Effective date—1996 c 267: See notes following RCW 77.12.177.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: "Washington's fish and wildlife resources are the responsibility of all residents of the state. We all benefit economically, recreationally, and aesthetically from these resources. Recognizing the state's changing environment, the legislature intends to continue to provide opportunities for the people to appreciate wildlife in its native habitat. However, the wildlife management in the state of Washington shall not cause a reduction of recreational opportunity for hunting and fishing activities. The paramount responsibility of the department remains to preserve, protect, and perpetuate all wildlife species. Adequate funding for proper management, now and for future generations, is the responsibility of everyone.
The intent of the legislature is: (1) To allow the governor to select the director of wildlife; (2) to retain the authority of the wildlife commission to establish the goals and objectives of the department; (3) to insure a high level of public involvement in the decision-making process; (4) to provide effective communications among the commission, the governor, the legislature, and the public; (5) to expand the scope of appropriate funding for the management, conservation, and enhancement of wildlife; (6) to not increase the cost of license, tag, stamp, permit, and punch card fees prior to January 1, 1990; and (7) for the commission to carry out any other responsibilities prescribed by the legislature in this title." [ 1987 c 506 § 1.]
References—1987 c 506: "All references in the Revised Code of Washington to the department of game, the game commission, the director of game, and the game fund shall mean, respectively, the department of wildlife, the wildlife commission, the director of wildlife, and the wildlife fund." [ 1987 c 506 § 99.]
Continuation of rules, director, game commission—1987 c 506: "Rules of the department of game existing prior to July 26, 1987, shall remain in effect unless or until amended or repealed by the director of wildlife or the wildlife commission pursuant to Title 77 RCW. The director of game on July 26, 1987, shall continue as the director of wildlife until resignation or removal in accordance with the provisions of RCW 43.17.020. The game commission on July 26, 1987, shall continue as the wildlife commission." [ 1987 c 506 § 100.]
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.030 - Commission—Appointment.

RCW 77.04.030
Commission—Appointment.
The fish and wildlife commission consists of nine registered voters of the state. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate three registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a registered voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. Three additional members shall be appointed at large. No two members may be residents of the same county. The legal office of the commission is at the administrative office of the department in Olympia.
[ 2001 c 155 § 1; 2000 c 107 § 203; 1994 c 264 § 52; 1993 sp.s. c 2 § 60; 1987 c 506 § 5; 1981 c 338 § 11; 1980 c 78 § 4; 1955 c 36 § 77.04.030. Prior: 1947 c 275 § 3; Rem. Supp. 1947 § 5992-13.]
NOTES:
Effective date—1993 sp.s. c 2 §§ 7, 60, 80, and 82-100: "Sections 7, 60, 80, and 82 through 100 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 sp.s. c 2 § 105. Formerly RCW 75.54.900.]
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.040 - Commission—Qualifications of members.

RCW 77.04.040
Commission—Qualifications of members.
Persons eligible for appointment as members of the commission shall have general knowledge of the habits and distribution of fish and wildlife and shall not hold another state, county, or municipal elective or appointive office. In making these appointments, the governor shall seek to maintain a balance reflecting all aspects of fish and wildlife, including representation recommended by organized groups representing sportfishers, commercial fishers, hunters, private landowners, and environmentalists. Persons eligible for appointment as fish and wildlife commissioners shall comply with the provisions of chapters 42.52 and * 42.17 RCW.
[ 1995 1st sp.s. c 2 § 3 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 61; 1987 c 506 § 6; 1980 c 78 § 5; 1955 c 36 § 77.04.040. Prior: 1947 c 275 § 4; Rem. Supp. 1947 § 5992-14.]
NOTES:
*Reviser's note: Provisions in chapter 42.17 RCW relating to public disclosure were recodified in chapter 42.56 RCW by 2005 c 274.
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.055 - Commission—Duties.

RCW 77.04.055
Commission—Duties.
(1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:
(a) Review and prescribe basic goals and objectives related to those policies; and
(b) Review the performance of the department in implementing fish and wildlife policies.
The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.
(2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.
(3) The commission shall establish provisions regulating food fish and shellfish as provided in RCW 77.12.047.
(4) The commission shall have final approval authority for tribal, interstate, international, and any other department agreements relating to fish and wildlife.
(5) The commission shall adopt rules to implement the state's fish and wildlife laws.
(6) The commission shall have final approval authority for the department's budget proposals.
(7) The commission shall select its own staff and shall appoint the director of the department. The director and commission staff shall serve at the pleasure of the commission.
[ 2000 c 107 § 204; 1995 1st sp.s. c 2 § 4 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 62; 1990 c 84 § 2; 1987 c 506 § 7.]
NOTES:
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.060 - Commission—Meetings—Officers—Compensation, travel expenses.

RCW 77.04.060
Commission—Meetings—Officers—Compensation, travel expenses.
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.
[ 2013 c 23 § 238; 1993 sp.s. c 2 § 63. Prior: 1987 c 506 § 8; 1987 c 114 § 1; 1984 c 287 § 110; 1980 c 78 § 6; 1977 c 75 § 89; 1975-'76 2nd ex.s. c 34 § 175; 1961 c 307 § 9; 1955 c 352 § 1; 1955 c 36 § 77.04.060; prior: 1949 c 205 § 1; 1947 c 275 § 6; Rem. Supp. 1949 § 5992-16.]
NOTES:
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.080 - Director—Qualifications—Duties—Salary.

RCW 77.04.080
Director—Qualifications—Duties—Salary.
Persons eligible for appointment as director shall have practical knowledge of the habits and distribution of fish and wildlife. The director shall supervise the administration and operation of the department and perform the duties prescribed by law and delegated by the commission. The director shall carry out the basic goals and objectives prescribed under RCW 77.04.055. The director may appoint and employ necessary personnel. The director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department.
Only persons having general knowledge of the fisheries and wildlife resources and of the commercial and recreational fishing industry in this state are eligible for appointment as director. The director shall not have a financial interest in the fishing industry or a directly related industry. The director shall receive the salary fixed by the governor under RCW 43.03.040.
The director is the ex officio secretary of the commission and shall attend its meetings and keep a record of its business.
[ 2000 c 107 § 205; 1995 1st sp.s. c 2 § 5 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 64; 1987 c 506 § 9; 1980 c 78 § 8; 1955 c 36 § 77.04.080. Prior: 1947 c 275 § 8; Rem. Supp. 1947 § 5992-18.]
NOTES:
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.090 - Rule-making authority—Certified copy as evidence.

RCW 77.04.090
Rule-making authority—Certified copy as evidence.
The commission shall adopt permanent rules and amendments to or repeals of existing rules by approval of a majority of the members by resolution, entered and recorded in the minutes of the commission: PROVIDED, That the commission may not adopt rules after July 23, 1995, that are based solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule. The commission shall adopt emergency rules by approval of a majority of the members. The commission, when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.05 RCW. Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210.
A copy of an emergency rule, certified as a true copy by a member of the commission, the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.
[ 1996 c 267 § 35; 1995 c 403 § 111; 1984 c 240 § 1; 1980 c 78 § 16; 1955 c 36 § 77.12.050. Prior: 1947 c 275 § 15; Rem. Supp. 1947 § 5992-25. Formerly RCW 77.12.050.]
NOTES:
Intent—Effective date—1996 c 267: See notes following RCW 77.12.177.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.120 - Director—Research—Reports.

RCW 77.04.120
Director—Research—Reports.
(1) The director shall investigate the habits, supply, and economic use of food fish and shellfish in state and offshore waters.
(2) The director shall make an annual report to the governor on the operation of the department and the statistics of the fishing industry.
(3) Subject to RCW 40.07.040, the director shall provide a comprehensive biennial report of all departmental operations to the chairs of the committees on natural resources of the senate and house of representatives, the senate ways and means committee, and the house of representatives appropriations committee, including one copy to the staff of each of the committees, to reflect the previous fiscal period. The format of the report shall be similar to reports issued by the department from 1964-1970 and the report shall include, but not be limited to, descriptions of all department activities including: Revenues generated, program costs, capital expenditures, personnel, special projects, new and ongoing research, environmental controls, cooperative projects, intergovernmental agreements, and outlines of ongoing litigation, recent court decisions and orders on major issues with the potential for state liability. The report shall describe the status of the resource and its recreational, commercial, and tribal utilization. The report shall be made available to the public.
[ 2000 c 107 § 3; 1988 c 36 § 31; 1987 c 505 § 71; 1985 c 208 § 1; 1985 c 93 § 1; 1983 1st ex.s. c 46 § 7; 1977 c 75 § 87; 1955 c 12 § 75.08.020. Prior: 1949 c 112 § 7(3), (6), (7); Rem. Supp. 1949 § 5780-206 (3), (6), (7). Formerly RCW 75.08.020.]
NOTES:
Director of fish and wildlife to develop proposals to reinstate salmon and steelhead in Tilton and Cowlitz rivers: RCW 77.12.765.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.130 - Adoption and certification of rules.

RCW 77.04.130
Adoption and certification of rules.
(1) Rules of the commission shall be adopted by the commission or a designee in accordance with chapter 34.05 RCW.
(2) Rules of the commission shall be admitted as evidence in the courts of the state when accompanied by an affidavit from the commission or a designee certifying that the rule has been lawfully adopted and the affidavit is prima facie evidence of the adoption of the rule.
(3) The commission may designate department employees to act on the commission's behalf in the adoption and certification of rules.
[ 1995 1st sp.s. c 2 § 12 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 16; 1973 c 93 § 1; 1955 c 12 § 75.08.090. Prior: 1949 c 112 § 6, part; Rem. Supp. 1949 § 5780-205, part. Formerly RCW 75.08.090.]
NOTES:
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.140 - Unofficial printings of laws or rules—Approval required.

RCW 77.04.140
Unofficial printings of laws or rules—Approval required.
Provisions of this title or rules of the commission shall not be printed in a pamphlet unless the pamphlet is clearly marked as an unofficial version. This section does not apply to printings approved by the commission.
[ 1995 1st sp.s. c 2 § 13 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 17; 1955 c 12 § 75.08.110. Prior: 1949 c 112 § 16; Rem. Supp. 1949 § 5780-215. Formerly RCW 75.08.110.]
NOTES:
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.145 - Notification requirements.

RCW 77.04.145
Notification requirements.
Actions under this chapter are subject to the notification requirements of RCW 43.17.400.
[ 2007 c 62 § 7.]
NOTES:
Finding—Intent—Severability—2007 c 62: See notes following RCW 43.17.400.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.150 - Hunters and fishers with disabilities—Advisory committee—Composition—Terms—Pilot project—Report to the legislature.

RCW 77.04.150
Hunters and fishers with disabilities—Advisory committee—Composition—Terms—Pilot project—Report to the legislature.
(1) The commission must appoint an advisory committee to generally represent the interests of hunters and fishers with disabilities on matters including, but not limited to, special hunts, modified sporting equipment, access to public land, and hunting and fishing opportunities. The advisory committee is composed of seven members, each being an individual with a disability. Two additional members, who have demonstrable experience working with disabled persons in a natural resource environment, may be appointed to the advisory committee. The advisory committee members must represent the entire state. The members must be appointed so that each of the six department administrative regions, as they existed on January 1, 2007, are represented with one resident on the advisory committee. One additional member must be appointed at large. The chair of the advisory committee must be a member of the advisory committee and shall be selected by the members of the advisory committee.
(2) The members of the advisory committee are appointed for a four-year term. If a vacancy occurs on the advisory committee prior to the expiration of a term, the commission must appoint a replacement within sixty days to complete the term.
(3) The advisory committee must meet at least semiannually, and may meet at other times as requested by a majority of the advisory committee members for any express purpose that directly relates to the duties set forth in subsection (1) of this section. A majority of members currently serving on the advisory committee constitutes a quorum. The department must provide staff support for all official advisory committee meetings.
(4) Each member of the advisory committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.
(5) The members of the advisory committee, or individuals acting on their behalf, are immune from civil liability for official acts performed in the course of their duties.
(6) At least once every two years, by December 1st, the commission shall present a concise report to the appropriate legislative committees detailing the levels of participation in hunting and fishing by persons with disabilities, and any recommendations to maintain accessibility for persons with disabilities.
[ 2022 c 21 § 1; 2008 c 294 § 1; 2005 c 149 § 1; 2001 c 312 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.160 - Surplus salmon report.

RCW 77.04.160
Surplus salmon report.
(1) The department shall prepare an annual surplus salmon report. This report shall include the disposition of adult salmonids that have returned to salmonid hatchery facilities operated under the jurisdiction of the state that:
(a) Have not been harvested; and
(b) Were not allowed to escape for natural spawning.
(2) The report shall include, by species, the number and estimated weight of surplus salmon and steelhead and a description of the disposition of the adult carcasses including, but not limited to, the following categories:
(a) Disposed in landfills;
(b) Transferred to another government agency for reproductive purposes;
(c) Sold to contract buyers in the round;
(d) Sold to contract buyers after spawning;
(e) Transferred to Native American tribes;
(f) Donated to food banks; and
(g) Used in stream nutrient enrichment programs.
(3) The report shall also include, by species, information on the number of requests for viable salmon eggs, the number of these requests that were granted and the number that were denied, the geographic areas for which these requests were granted or denied, and a brief explanation given for each denial of a request for viable salmon eggs.
(4) The report shall be included in the biennial state of the salmon report required by *RCW 77.85.020 and other similar state reports on salmon.
(5) The report shall include an assessment of the infrastructure needs and facility modifications necessary to implement chapter 337, Laws of 2001.
[ 2001 c 337 § 5.]
NOTES:
*Reviser's note: RCW 77.85.020 was amended by 2009 c 345 § 4, deleting the biennial state of the salmon report. RCW 77.85.020 now directs the recreation and conservation office to produce a biennial report.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.04 - Department of Fish and Wildlife. › 77.04.170 - Funding for fish stock protection or recovery programs—Prioritization and selection process requirements—Development of outcome-focused performance measures.

RCW 77.04.170
Funding for fish stock protection or recovery programs—Prioritization and selection process requirements—Development of outcome-focused performance measures.
In administering programs funded with moneys from the capital budget related to protection or recovery of fish stocks, the department shall incorporate the environmental benefits of a project into its prioritization and selection process. The department shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The department shall consult with affected interest groups in implementing this section.
[ 2001 c 227 § 11.]
NOTES:
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.08 - General Terms Defined. › 77.08.020 - "Game fish" defined.

RCW 77.08.020
"Game fish" defined.
(1) As used in this title or rules of the commission, "game fish" means those species of the class Osteichthyes that shall not be fished for except as authorized by rule of the commission and includes:
Scientific Name
Common Name
Ambloplites rupestris
rock bass
Coregonus clupeaformis
lake white fish
Ictalurus furcatus
blue catfish
Ictalurus melas
black bullhead
Ictalurus natalis
yellow bullhead
Ictalurus nebulosus
brown bullhead
Ictalurus punctatus
channel catfish
Lepomis cyanellus
green sunfish
Lepomis gibbosus
pumpkinseed
Lepomis gulosus
warmouth
Lepomis macrochirus
bluegill
Lota lota
burbot or freshwater ling
Micropterus dolomieui
smallmouth bass
Micropterus salmoides
largemouth bass
Oncorhynchus nerka (in its landlocked form)
kokanee or silver trout
Perca flavescens
yellow perch
Pomixis annularis
white crappie
Pomixis nigromaculatus
black crappie
Prosopium williamsoni
mountain white fish
Oncorhynchus aquabonita
golden trout
Oncorhynchus clarkii
cutthroat trout
Oncorhynchus mykiss
rainbow or steelhead trout
Salmo salar (in its landlocked form)
Atlantic salmon
Salmo trutta
brown trout
Salvelinus fontinalis
eastern brook trout
Salvelinus malma
Dolly Varden trout
Salvelinus namaycush
lake trout
Stizostedion vitreum
Walleye
Thymallus articus
arctic grayling
(2) Private sector cultured aquatic products as defined in RCW 15.85.020 are not game fish.
[ 1989 c 218 § 2; 1985 c 457 § 21; 1980 c 78 § 10; 1969 ex.s. c 19 § 1; 1955 c 36 § 77.08.020. Prior: 1947 c 275 § 10; Rem. Supp. 1947 § 5992-20.]
NOTES:
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.08 - General Terms Defined. › 77.08.022 - "Food fish" defined.

RCW 77.08.022
"Food fish" defined.
"Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that have been classified and that shall not be fished for except as authorized by rule of the commission. The term "food fish" includes all stages of development and the bodily parts of food fish species.
[ 2000 c 107 § 208.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.08 - General Terms Defined. › 77.08.024 - "Salmon" defined.

RCW 77.08.024
"Salmon" defined.
"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
[ 2000 c 107 § 209.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.08 - General Terms Defined. › 77.08.030 - "Big game" defined.

RCW 77.08.030
"Big game" defined.
As used in this title or rules of the commission, "big game" means the following species:
Scientific Name
Common Name
Cervus canadensis
elk or wapiti
Odocoileus hemionus
blacktail deer or mule deer
Odocoileus virginianus
whitetail deer
Alces americana
moose
Oreamnos americanus
mountain goat
Rangifer caribou
caribou
Ovis canadensis
mountain sheep
Antilocapra americana
pronghorn antelope
Felis concolor
cougar or mountain lion
Euarctos americana
black bear
Ursus horribilis
grizzly bear
[ 1980 c 78 § 11; 1971 ex.s. c 166 § 1.]
NOTES:
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.08 - General Terms Defined. › 77.08.045 - Migratory waterfowl terms defined.

RCW 77.08.045
Migratory waterfowl terms defined.
As used in this title or rules adopted pursuant to this title:
(1) "Migratory waterfowl" means members of the family Anatidae, including brants, ducks, geese, and swans;
(2) "Migratory bird" means migratory waterfowl and coots, snipe, doves, and band-tailed pigeon;
(3) "Migratory bird permit" means the permit that is required by RCW 77.32.350 to be in the possession of all persons to hunt migratory birds; and
(4) "Prints and artwork" means replicas of the original stamp design that are sold to the general public. Prints and artwork are not to be construed to be the migratory bird permit that is required by RCW 77.32.350. Artwork may be any facsimile of the original stamp design, including color renditions, metal duplications, or any other kind of design.
[ 2011 1st sp.s. c 21 § 17; 2011 c 339 § 2; 1998 c 191 § 31; 1987 c 506 § 12; 1985 c 243 § 2.]
NOTES:
Reviser's note: This section was amended by 2011 c 339 § 2 and by 2011 1st sp.s. c 21 § 17, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Effective date—2011 c 339: See note following RCW 43.84.092.
Effective date—1998 c 191: See note following RCW 77.32.050.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.08 - General Terms Defined. › 77.08.075 - "Resident" defined.

RCW 77.08.075
"Resident" defined.
For the purposes of this title or rules adopted under this title, "resident" means:
(1) A natural person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, is not licensed to hunt or fish as a resident in another state or country, and is not receiving resident benefits of another state or country.
(a) For purposes of this section, "permanent place of abode" means a residence in this state that a person maintains for personal use.
(b) A natural person can demonstrate that the person has maintained a permanent place of abode in Washington by showing that the person:
(i) Uses a Washington state address for federal income tax or state tax purposes;
(ii) Designates this state as the person's residence for obtaining eligibility to hold a public office or for judicial actions;
(iii) Is a registered voter in the state of Washington; or
(iv) Is a custodial parent with a child attending prekindergarten, kindergarten, elementary school, middle school, or high school in this state.
(c) A natural person can demonstrate the intent to continue residing within the state by showing that he or she:
(i) Has a valid Washington state driver's license; or
(ii) Has a valid Washington state identification card, if the person is not eligible for a Washington state driver's license; and
(iii) Has registered the person's vehicle or vehicles in Washington state;
(2) The spouse of a member of the United States armed forces if the member qualifies as a resident under subsection (1), (3), or (4) of this section, or a natural person age eighteen or younger who does not qualify as a resident under subsection (1) of this section, but who has a parent or legal guardian who qualifies as a resident under subsection (1), (3), or (4) of this section;
(3) A member of the United States armed forces temporarily stationed in Washington state on predeployment orders. A copy of the person's military orders is required to meet this condition;
(4) An active duty, nonretired member of the United States armed forces who is permanently stationed in Washington or who designates Washington on his or her military "state of legal residence certificate" or enlistment or reenlistment documents. A copy of the person's "state of legal residence certificate" or enlistment or reenlistment documents is required to meet the conditions of this subsection.
[ 2014 c 48 § 2; 2012 c 176 § 5.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.08 - General Terms Defined. › 77.08.900 - Construction—Title applicable to state registered domestic partnerships—2009 c 521.

RCW 77.08.900
Construction—Title applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this title, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 183.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.12 - Powers and Duties. › 77.12.010 - Limitation on prohibiting fishing with bait or artificial lures.

RCW 77.12.010
Limitation on prohibiting fishing with bait or artificial lures.
The commission shall not adopt rules that categorically prohibit fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the commission may adopt rules and regulations restricting fishing methods upon a determination by the director that an individual body of water or part thereof clearly requires a fishing method prohibition to conserve or enhance the fisheries resource or to provide selected fishing alternatives.
[ 2000 c 107 § 210; 1985 c 438 § 1; 1980 c 78 § 12; 1977 c 74 § 1; 1955 c 36 § 77.12.010. Prior: 1947 c 275 § 11; Rem. Supp. 1947 § 5992-21.]
NOTES:
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.12 - Powers and Duties. › 77.12.020 - Wildlife to be classified.

RCW 77.12.020
Wildlife to be classified.
(1) The director shall investigate the habits and distribution of the various species of wildlife native to or adaptable to the habitats of the state. The commission shall determine whether a species should be managed by the department and, if so, classify it under this section.
(2) The commission may classify by rule wild animals as game animals and game animals as fur-bearing animals.
(3) The commission may classify by rule wild birds as game birds or predatory birds. All wild birds not otherwise classified are protected wildlife.
(4) In addition to those species listed in RCW 77.08.020, the commission may classify by rule as game fish other species of the class Osteichthyes that are commonly found in fresh water except those classified as food fish by the director.
(5) The director may recommend to the commission that a species of wildlife should not be hunted or fished. The commission may designate species of wildlife as protected.
(6) If the director determines that a species of wildlife is seriously threatened with extinction in the state of Washington, the director may request its designation as an endangered species. The commission may designate an endangered species.
(7) If the director determines that a species of the animal kingdom, not native to Washington, is dangerous to the environment or wildlife of the state, the director may request its designation as deleterious exotic wildlife. The commission may designate deleterious exotic wildlife.
(8) Upon recommendation by the director, the commission may develop a work plan to eradicate native aquatic species that threaten human health. Priority shall be given to water bodies that the department of health has classified as representing a threat to human health based on the presence of a native aquatic species.
[ 2014 c 202 § 302; 2002 c 281 § 3; 1994 c 264 § 53; 1987 c 506 § 13; 1980 c 78 § 13; 1969 ex.s. c 18 § 1; 1955 c 36 § 77.12.020. Prior: 1947 c 275 § 12; Rem. Supp. 1947 § 5992-22.]
NOTES:
Findings—2014 c 202: See note following RCW 77.135.010.
Purpose—2002 c 281: See note following RCW 77.08.010.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.12 - Powers and Duties. › 77.12.031 - Llamas and alpacas.

RCW 77.12.031
Llamas and alpacas.
The authority of the department does not extend to preventing, controlling, or suppressing diseases in llamas or alpacas or to controlling the movement or sale of llamas or alpacas.
This section shall not be construed as granting or denying authority to the department to prevent, control, or suppress diseases in any animals other than llamas and alpacas.
[ 1994 c 264 § 54; 1993 c 80 § 4.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.12 - Powers and Duties. › 77.12.035 - Protection of grizzly bears—Limitation on transplantation or introduction—Negotiations with federal and state agencies.

RCW 77.12.035
Protection of grizzly bears—Limitation on transplantation or introduction—Negotiations with federal and state agencies.
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.
[ 2000 c 107 § 211; 1995 c 370 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.12 - Powers and Duties. › 77.12.037 - Acquisition, use, and management of property—Condemnation—When authorized.

RCW 77.12.037
Acquisition, use, and management of property—Condemnation—When authorized.
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.
[ 2000 c 107 § 4; 1995 1st sp.s. c 2 § 23 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 9; 1955 c 212 § 1; 1955 c 12 § 75.08.040. Prior: 1949 c 112 § 7(2); Rem. Supp. 1949 § 5780-206(2). Formerly RCW 75.08.040.]
NOTES:
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
Tidelands reserved for recreational use and taking of fish and shellfish: RCW 79.125.740, 79.125.750.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.12 - Powers and Duties. › 77.12.038 - Notification requirements.

RCW 77.12.038
Notification requirements.
Actions under this chapter are subject to the notification requirements of RCW 43.17.400.
[ 2007 c 62 § 8.]
NOTES:
Finding—Intent—Severability—2007 c 62: See notes following RCW 43.17.400.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.12 - Powers and Duties. › 77.12.039 - Acceptance of funds or property for damage claims or conservation of fish, shellfish, and wildlife resources.

RCW 77.12.039
Acceptance of funds or property for damage claims or conservation of fish, shellfish, and wildlife resources.
The director may accept money or real property from persons under conditions requiring the use of the property or money for the protection, rehabilitation, preservation, or conservation of the state wildlife, fish, and shellfish resources, or in settlement of claims for damages to wildlife, fish, and shellfish resources. The director shall only accept real property useful for the protection, rehabilitation, preservation, or conservation of fish, shellfish, and wildlife resources.
[ 2001 c 253 § 11; 2000 c 107 § 5; 1995 1st sp.s. c 2 § 24 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 11; 1955 c 12 § 75.16.050. Prior: 1949 c 112 § 51; Rem. Supp. 1949 § 5780-325. Formerly RCW 75.08.045, 75.16.050.]
NOTES:
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.12 - Powers and Duties. › 77.12.043 - Contracts and agreements for propagation of fish or shellfish.

RCW 77.12.043
Contracts and agreements for propagation of fish or shellfish.
(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.
[ 2001 c 253 § 12; 1985 c 458 § 7; 1983 1st ex.s. c 46 § 13; 1955 c 12 § 75.16.070. Prior: 1949 c 112 § 53; Rem. Supp. 1949 § 5780-327. Formerly RCW 75.08.065, 75.16.070.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.12 - Powers and Duties. › 77.12.045 - Territorial authority of commission—Adoption of federal regulations and rules of fisheries commissions and compacts.

RCW 77.12.045
Territorial authority of commission—Adoption of federal regulations and rules of fisheries commissions and compacts.
Consistent with federal law, the commission's authority extends to all areas and waters within the territorial boundaries of the state, to the offshore waters, and to the concurrent waters of the Columbia river.
Consistent with federal law, the commission's authority extends to fishing in offshore waters by residents of this state.
The commission may adopt rules consistent with the regulations adopted by the United States department of commerce for the offshore waters. The commission may adopt rules consistent with the recommendations or regulations of the Pacific marine fisheries commission, Columbia river compact, the Pacific salmon commission as provided in chapter 77.75 RCW, or the international Pacific halibut commission.
[ 2001 c 253 § 13; 1995 1st sp.s. c 2 § 10 (Referendum Bill No. 45, approved November 7, 1995); 1989 c 130 § 1; 1983 1st ex.s. c 46 § 14; 1955 c 12 § 75.08.070. Prior: 1949 c 112 § 6, part; Rem. Supp. 1949 § 5780-205, part. Formerly RCW 75.08.070.]
NOTES:
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.12 - Powers and Duties. › 77.12.058 - Pollinator habitat.

RCW 77.12.058
Pollinator habitat.
(1) The department must implement practices necessary to maintain pollinator habitat on department-owned and managed agricultural and grazing lands where practicable.
(2) The department must evaluate various restoration techniques with the goal of improving habitat for native pollinators. The department must update its riparian habitat recommendations to encourage development of pollinator habitat where practicable when making habitat improvements or for riparian restoration.
(3) For the purposes of this section, "pollinator habitat" means an area of land that is or may be developed as habitat beneficial for the feeding, nesting, and reproduction of all pollinators, including honey bees, as determined by the department.
[ 2021 c 278 § 8; 2019 c 353 § 8.]
NOTES:
Purpose—Intent—2021 c 278: See note following RCW 43.23.320.
Findings—Intent—2019 c 353: See note following RCW 43.23.300.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.12 - Powers and Duties. › 77.12.068 - Dissemination of information about RCW 77.15.740 and responsible wildlife viewing.

RCW 77.12.068
Dissemination of information about RCW 77.15.740 and responsible wildlife viewing.
The department and the state parks and recreation commission shall disseminate information about RCW 77.15.740, whale and wildlife viewing guidelines, and other responsible wildlife viewing messages to educate Washington's citizens on how to reduce the risk of disturbing southern resident orca whales. The department and the state parks and recreation commission must, at minimum, disseminate this information on their internet sites and through appropriate agency publications, brochures, and other information sources. The department and the state parks and recreation commission shall also attempt to reach the state's boating community by coordinating with appropriate state and nongovernmental entities to provide this information at marinas, boat shows, boat dealers, during boating safety training courses, and in conjunction with vessel registration or licensing.
[ 2008 c 225 § 4.]
NOTES:
Findings—Intent—2008 c 225: See notes following RCW 77.15.740.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.12 - Powers and Duties. › 77.12.071 - Sampling of fish, wildlife, or shellfish by department employees.

RCW 77.12.071
Sampling of fish, wildlife, or shellfish by department employees.
(1) Department employees, in carrying out their duties under this title on public lands or state waters, may:
(a) Collect samples of tissue, fluids, or other bodily parts of fish, wildlife, or shellfish; or
(b) Board vessels in state waters engaged in commercial and recreational harvest activities to collect samples of fish, wildlife, or shellfish.
(i) Department employees shall ask permission from the owner or his or her agent before boarding vessels in state waters.
(ii) If an employee of the department is denied access to any vessel where access was sought for the purposes of (b) of this subsection, the department employee may contact an enforcement officer for assistance in applying for a search warrant authorizing access to the vessel in order to carry out the department employee's duties under this section.
(2) Department employees must have official identification, announce their presence and intent, and perform their duties in a safe and professional manner while carrying out the activities in this section.
(3) This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.
(4) This section does not apply to fish and wildlife officers and ex officio fish and wildlife officers carrying out their duties under this title.
[ 2007 c 337 § 2.]
NOTES:
Intent—Finding—2007 c 337: "The legislature intends that sampling of fish, wildlife, and shellfish by department of fish and wildlife employees will ensure the conservation and management of fish, shellfish, and wildlife. Because the harvest of fish and wildlife is regulated by the department, the legislature finds that sampling by departmental employees will benefit the resource, and will further the department's research related to fish, wildlife, and shellfish. This section and RCW 77.12.071 do not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020." [ 2007 c 337 § 1.]