reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.100 - Cedar river spawning channel.

RCW 77.100.100
Cedar river spawning channel.
A salmon spawning channel shall be constructed on the Cedar river with the assistance and cooperation of the department. The department shall use existing personnel and the volunteer fisheries enhancement program outlined under chapter 77.100 RCW to assist in the planning, construction, and operation of the spawning channel.
[ 2000 c 107 § 114; 1993 sp.s. c 2 § 52; 1989 c 85 § 3. Formerly RCW 75.52.100.]
NOTES:
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Project designation—1989 c 85: "The legislature hereby designates the Cedar river sockeye salmon enhancement project as a "Washington state centennial salmon venture."" [ 1989 c 85 § 1.]
Legislative finding—1989 c 85: "The legislature recognizes that King county has a unique urban setting for a recreational fishery and that Lake Washington and the rivers flowing into it should be developed for greater salmon production. A Lake Washington fishery is accessible to fifty percent of the state's citizens by automobile in less than one hour. There has been extensive sockeye fishing success in Lake Washington, primarily from fish originating in the Cedar river. The legislature intends to enhance the Cedar river fishery by active state and local management and intends to maximize the Lake Washington sockeye salmon runs for recreational fishing for all of the citizens of the state. A sockeye enhancement program could produce two to three times the current numbers of returning adults. A sockeye enhancement project would increase the public's appreciation of our state's fisheries, would demonstrate the role of a clean environment, and would show that positive cooperation can exist between local and state government in planning and executing programs that directly serve the public. A spawning channel in the Cedar river has been identified as an excellent way to enhance the Lake Washington sockeye run. A public utility currently diverting water from the Cedar river for beneficial public use has expressed willingness to fund the planning, design, evaluation, construction, and operation of a spawning channel on the Cedar river." [ 1989 c 85 § 2.]
Severability—1989 c 85: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 85 § 11.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.110 - Cedar river spawning channel—Technical committee—Policy committee.

RCW 77.100.110
Cedar river spawning channel—Technical committee—Policy committee.
The department shall chair a technical committee, which shall review the preparation of enhancement plans and construction designs for a Cedar river sockeye spawning channel. The technical committee shall consist of not more than eight members: One representative each from the department, national marine fisheries service, United States fish and wildlife service, and Muckleshoot Indian tribe; and four representatives from the public utility described in RCW 77.100.130. The technical committee will be guided by a policy committee, also to be chaired by the department, which shall consist of not more than six members: One representative from the department, one from the Muckleshoot Indian tribe, and one from either the national marine fisheries service or the United States fish and wildlife service; and three representatives from the public utility described in RCW 77.100.130. The policy committee shall oversee the operation and evaluation of the spawning channel. The policy committee will continue its oversight until the policy committee concludes that the channel is meeting the production goals specified in RCW 77.100.120.
[ 2000 c 107 § 115; 1998 c 245 § 156; 1993 sp.s. c 2 § 53; 1989 c 85 § 4. Formerly RCW 75.52.110.]
NOTES:
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Project designation—Legislative finding—Severability—1989 c 85: See notes following RCW 77.100.100.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.120 - Cedar river spawning channel—Specifications.

RCW 77.100.120
Cedar river spawning channel—Specifications.
The channel shall be designed to produce, at a minimum, fry comparable in quality to those produced in the Cedar river and equal in number to what could be produced naturally by the estimated two hundred sixty-two thousand adults that could have spawned upstream of the Landsburg diversion. Construction of the spawning channel shall commence no later than September 1, 1990. Initial construction size shall be adequate to produce fifty percent or more of the production goal specified in this section.
[ 1989 c 85 § 5. Formerly RCW 75.52.120.]
NOTES:
Project designation—Legislative finding—Severability—1989 c 85: See notes following RCW 77.100.100.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.130 - Cedar river spawning channel—Funding.

RCW 77.100.130
Cedar river spawning channel—Funding.
The legislature recognizes that, if funding for planning, design, evaluation, construction, and operating expenses is provided by a public utility that diverts water for beneficial public use, and if the performance of the spawning channel meets the production goals described in RCW 77.100.120, the spawning channel project will serve, at a minimum, as compensation for lost sockeye salmon spawning habitat upstream of the Landsburg diversion. The amount of funding to be supplied by the utility will fully fund the total cost of planning, design, evaluation, and construction of the spawning channel.
[ 2000 c 107 § 116; 1989 c 85 § 6. Formerly RCW 75.52.130.]
NOTES:
Project designation—Legislative finding—Severability—1989 c 85: See notes following RCW 77.100.100.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.150 - Cedar river spawning channel—Legislative declaration.

RCW 77.100.150
Cedar river spawning channel—Legislative declaration.
The legislature hereby declares that the construction of the Cedar river sockeye spawning channel is in the best interests of the state of Washington.
[ 1989 c 85 § 9. Formerly RCW 75.52.150.]
NOTES:
Project designation—Legislative finding—Severability—1989 c 85: See notes following RCW 77.100.100.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.160 - Cedar river spawning channel—Mitigation of water diversion projects.

RCW 77.100.160
Cedar river spawning channel—Mitigation of water diversion projects.
Should the requirements of RCW 77.100.100 through 77.100.160 not be met, the department shall seek immediate legal clarification of the steps which must be taken to fully mitigate water diversion projects on the Cedar river.
[ 2000 c 107 § 118; 1993 sp.s. c 2 § 54; 1989 c 85 § 10. Formerly RCW 75.52.160.]
NOTES:
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Project designation—Legislative finding—Severability—1989 c 85: See notes following RCW 77.100.100.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.170 - Fish hatcheries—Volunteer group projects.

RCW 77.100.170
Fish hatcheries—Volunteer group projects.
The manager of a state fish hatchery operated by the department of fish and wildlife may allow nonprofit volunteer groups affiliated with the hatchery to undertake projects to raise donations, gifts, and grants that enhance support for the hatchery or activities in the surrounding watershed that benefit the hatchery. The manager may provide agency personnel and services, if available, to assist in the projects and may allow the volunteer groups to conduct activities on the grounds of the hatchery.
The director of the department of fish and wildlife shall encourage and facilitate arrangements between hatchery managers and nonprofit volunteer groups and may establish guidelines for such arrangements.
[ 1995 c 224 § 1. Formerly RCW 75.08.047.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.105 - Recreational Salmon and Marine Fish Enhancement Program. › 77.105.005 - Findings—Intent.

RCW 77.105.005
Findings—Intent.
(1) The legislature finds the sheltered waters of Puget Sound (waters east of the Sekiu river) have historically provided the citizens of the state with the safest and most convenient access to productive marine recreational fishing.
(2) The legislature further recognizes the economic value in restoring and rebuilding the recreational fishing opportunities in Puget Sound for salmon and marine bottomfish, and that these opportunities have declined in the past two decades. Investments made in recreational fishing programs will repay the people of the state many times over in increased economic activity and in an improved quality of life.
(3) It is the intent of the legislature to improve recreational fishing opportunities in Puget Sound and Lake Washington from current levels and increase the economic benefits from the fishery, particularly recognizing the unique recreational experience provided by the winter salmon fishery. In addition, the legislature has determined that the number of angler trips expended in these waters is the measure of fishing opportunity.
[ 2011 c 266 § 1; 1993 sp.s. c 2 § 82. Formerly RCW 75.54.005.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.105 - Recreational Salmon and Marine Fish Enhancement Program. › 77.105.010 - Program created—Coordinator.

RCW 77.105.010
Program created—Coordinator.
There is created within the department of fish and wildlife the Puget Sound recreational salmon and marine fish enhancement program. The department of fish and wildlife shall identify a coordinator for the program who shall act as spokesperson for the program and shall:
(1) Coordinate the activities of the Puget Sound recreational salmon and marine fish enhancement program, including the Lake Washington salmon fishery; and
(2) Work within and outside of the department to achieve the goals stated in this chapter, including coordinating with the Puget Sound recreational fisheries enhancement oversight committee established in RCW 77.105.160.
[ 2003 c 173 § 1; 1998 c 245 § 157; 1993 sp.s. c 2 § 83. Formerly RCW 75.54.010.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.105 - Recreational Salmon and Marine Fish Enhancement Program. › 77.105.020 - Department responsibilities—Report to the legislature.

RCW 77.105.020
Department responsibilities—Report to the legislature.
(1) Consistent with available revenue, commission policies, tribal comanager agreements, and limitations of the endangered species act, the department, in consultation with the oversight committee created in RCW 77.105.160, shall adaptively manage the Puget Sound recreational salmon and marine fish enhancement program to maximize the benefits to the Puget Sound recreational fishery.
(2) The department has the following duties:
(a) The department shall utilize a program of hatchery-based salmon enhancement and solicit support from cooperative projects, regional enhancement groups, and other supporting organizations to improve recreational salmon fishing in Puget Sound.
(b) The department may conduct comprehensive research on resident and migratory salmon production opportunities on marine bottomfish production limitations, and on methods for artificial propagation of depleted marine bottomfish.
(c) The program must facilitate continued and improved recreational fishing opportunities in Puget Sound and Lake Washington as measured by increased angler trips of participation. The coordinator, as identified in RCW 77.105.010, shall assist the oversight committee with development of recommendations for outcome-based goals and objectives to assess the effectiveness of the program.
(d) The director shall meet with the oversight committee each year to review and approve these goals and objectives.
(e) The director and oversight committee shall report annually to the commission on the goals of the program and the effectiveness of the program in meeting those goals. Objectives include, but are not limited to, an increase in salmon and bottomfish angler trips.
(f) The department and the oversight committee shall seek to reach consensus regarding program activities and expenditures. The department shall provide the oversight committee with a written explanation when the department expends funds from the recreational fisheries enhancement account that differs substantially from oversight committee recommendations.
(g) Consistent with RCW 43.01.036, the department and oversight committee shall make a joint report to the legislature on the effectiveness of this program in biennial reports. Reports must include the goals and objectives of the previous biennium and a determination of whether the goals and objectives were met and an explanation if the department did not meet these specific objectives.
[ 2011 c 266 § 2; 1993 sp.s. c 2 § 84. Formerly RCW 75.54.020.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.105 - Recreational Salmon and Marine Fish Enhancement Program. › 77.105.030 - Planning and operation of programs—Assistance from nondepartmental sources.

RCW 77.105.030
Planning and operation of programs—Assistance from nondepartmental sources.
The department may seek recommendations from persons who are expert on the planning and operation of programs for enhancement of recreational fisheries. The department may use the expertise of the University of Washington school of aquatic and fishery sciences and the sea grant program to develop research and enhancement programs.
[ 2011 c 266 § 3; 1993 sp.s. c 2 § 85. Formerly RCW 75.54.030.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.105 - Recreational Salmon and Marine Fish Enhancement Program. › 77.105.050 - Marine bottomfish species—Research, methods, and programs for artificial rearing.

RCW 77.105.050
Marine bottomfish species—Research, methods, and programs for artificial rearing.
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.
[ 2011 c 266 § 5; 1993 sp.s. c 2 § 87. Formerly RCW 75.54.050.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.105 - Recreational Salmon and Marine Fish Enhancement Program. › 77.105.140 - Saltwater, combination fishing license—Disposition of fee.

RCW 77.105.140
Saltwater, combination fishing license—Disposition of fee.
As provided in RCW 77.32.440, a portion of each saltwater and combination fishing license fee shall be deposited in the recreational fisheries enhancement account created in RCW 77.105.150.
[ 2000 c 107 § 119; 1998 c 191 § 28; 1997 c 197 § 1; 1993 sp.s. c 2 § 97. Formerly RCW 75.54.140.]
NOTES:
Effective date—1998 c 191: See note following RCW 77.32.410.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.105 - Recreational Salmon and Marine Fish Enhancement Program. › 77.105.150 - Recreational fisheries enhancement account.

RCW 77.105.150
Recreational fisheries enhancement account.
The recreational fisheries enhancement account is created in the state treasury. All receipts from RCW 77.105.140 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for recreational fisheries enhancement programs identified in this chapter. Under no circumstances may moneys from the account be used to backfill shortfalls in other state funding sources.
[ 2003 c 173 § 3; 2000 c 107 § 120; 1993 sp.s. c 2 § 98. Formerly RCW 75.54.150.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.105 - Recreational Salmon and Marine Fish Enhancement Program. › 77.105.160 - Puget Sound recreational fisheries enhancement oversight committee—Created—Duties—Report to the legislature.

RCW 77.105.160
Puget Sound recreational fisheries enhancement oversight committee—Created—Duties—Report to the legislature.
(1) The Puget Sound recreational fisheries enhancement oversight committee is created. The director shall appoint at least seven members representing sport fishing interests to the committee from a list of applicants, ensuring broad representation from the sport fishing community. Each member shall serve for a term of two years, and may be reappointed for subsequent two-year terms at the discretion of the director. Members of the committee serve without compensation.
(2) The Puget Sound recreational fisheries enhancement oversight committee has the following duties:
(a) Advise the department on all aspects of the Puget Sound recreational fisheries enhancement program;
(b) Develop recommendations, with assistance from the coordinator, for outcome-based goals and objectives to assess the effectiveness of the program;
(c) Meet with the director each year to review these goals and objectives;
(d) Report annually with the director to the commission on the goals of the program and the effectiveness of the program in meeting those goals;
(e) Review and provide guidance on the annual budget for the recreational fisheries enhancement account;
(f) Select a chair of the committee. It is the chair's duty to coordinate with the department on all issues related to the Puget Sound recreational fisheries enhancement program;
(g) Meet at least quarterly with the department's coordinator as identified in RCW 77.105.010 of the Puget Sound recreational fisheries enhancement program;
(h) Review and comment on program documents and proposed production of salmon and other species;
(i) Address other issues related to the purposes of the Puget Sound recreational fisheries enhancement program that are of interest to recreational fishers in Puget Sound; and
(j) Consistent with RCW 43.01.036, make a joint report with the department to the legislature each biennium on the status of the program.
[ 2011 c 266 § 6; 2003 c 173 § 2.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.105 - Recreational Salmon and Marine Fish Enhancement Program. › 77.105.170 - Managing salmon to increase recreational angling opportunities in Puget Sound.

RCW 77.105.170
Managing salmon to increase recreational angling opportunities in Puget Sound.
The department shall utilize artificial rearing of salmon to improve recreational salmon fishing in Puget Sound. In managing salmon, the department shall seek to develop and implement methods that will increase recreational angling opportunities. These methods may include, but are not limited to, the following tools:
(1) Utilization of salmon artificial rearing techniques that contribute to the recreational fisheries in Puget Sound, especially winter salmon fishing.
(2) Optimum use of hatchery salmon through expanded recreational mark-selective fisheries.
(3) Utilization of recreational salmon and marine fish enhancement program funds for catch monitoring when required to increase recreational mark-selective fisheries.
(4) Consideration of new catch and release recreational fisheries utilizing gear and methods known to minimize hooking mortality.
(5) Providing public information regarding angling opportunities and fishing methods.
[ 2011 c 266 § 4.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.110 - Salmon and Steelhead Trout—Management of Resources. › 77.110.010 - Declaration.

RCW 77.110.010
Declaration.
The people of the state of Washington declare that an emergency exists in the management of salmon and steelhead trout resources such that both are in great peril. An immediate resolution of this crisis is essential to perpetuating and enhancing these resources.
[ 1985 c 1 § 1 (Initiative Measure No. 456, approved November 6, 1984). Formerly RCW 75.56.010.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.110 - Salmon and Steelhead Trout—Management of Resources. › 77.110.020 - Petition to congress.

RCW 77.110.020
Petition to congress.
The people of the state of Washington petition the United States Congress to immediately make the steelhead trout a national game fish protected under the Black Bass Act.
[ 1985 c 1 § 2 (Initiative Measure No. 456, approved November 6, 1984). Formerly RCW 75.56.020.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.110 - Salmon and Steelhead Trout—Management of Resources. › 77.110.030 - Management of natural resources—State policy.

RCW 77.110.030
Management of natural resources—State policy.
The people of the state of Washington declare that conservation, enhancement, and proper utilization of the state's natural resources, including but not limited to lands, waters, timber, fish, and game are responsibilities of the state of Washington and shall remain within the express domain of the state of Washington.
While fully respecting private property rights, all resources in the state's domain shall be managed by the state alone such that conservation, enhancement, and proper utilization are the primary considerations. No citizen shall be denied equal access to and use of any resource on the basis of race, sex, origin, cultural heritage, or by and through any treaty based upon the same.
[ 1985 c 1 § 3 (Initiative Measure No. 456, approved November 6, 1984). Formerly RCW 75.56.030.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.110 - Salmon and Steelhead Trout—Management of Resources. › 77.110.040 - Declaration—Denial of rights based on race, sex, origin, or cultural heritage.

RCW 77.110.040
Declaration—Denial of rights based on race, sex, origin, or cultural heritage.
The people of the state of Washington declare that under the Indians Citizens Act of 1924, all Indians became citizens of the United States and subject to the Constitution and laws of the United States and state in which they reside. The people further declare that any special off-reservation legal rights or privileges of Indians established through treaties that are denied to other citizens were terminated by that 1924 enactment, and any denial of rights to any citizen based upon race, sex, origin, cultural heritage, or by and through any treaty based upon the same is unconstitutional.
No rights, privileges, or immunities shall be denied to any citizen upon the basis of race, sex, origin, cultural heritage, or by and through any treaty based upon the same.
[ 1985 c 1 § 4 (Initiative Measure No. 456, approved November 6, 1984). Formerly RCW 75.56.040.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.110 - Salmon and Steelhead Trout—Management of Resources. › 77.110.900 - Transmittal of act to president and congress—1985 c 1.

RCW 77.110.900
Transmittal of act to president and congress—1985 c 1.
The secretary of state shall transmit copies of this act to the president of the United States senate, the speaker of the United States house of representatives, and each member of congress.
[ 1985 c 1 § 5 (Initiative Measure No. 456, approved November 6, 1984). Formerly RCW 75.56.900.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.115 - Aquaculture Disease Control. › 77.115.030 - Consultation required—Agreements for diagnostic field services authorized—Roster of biologists.

RCW 77.115.030
Consultation required—Agreements for diagnostic field services authorized—Roster of biologists.
(1) The director shall consult regarding the disease inspection and control program established under RCW 77.115.010 with federal agencies and Indian tribes to assure protection of state, federal, and tribal aquatic resources and to protect private sector cultured aquatic products from disease that could originate from waters or facilities managed by those agencies.
(2) With regard to the program, the director may enter into contracts or interagency agreements for diagnostic field services with government agencies and institutions of higher education and private industry.
(3) The director shall provide for the creation and distribution of a roster of biologists having a specialty in the diagnosis or treatment of diseases of fish or shellfish. The director shall adopt rules specifying the qualifications which a person must have in order to be placed on the roster.
(4) The department must implement this section consistent with RCW 77.125.050.
[ 2018 c 179 § 7; 2000 c 107 § 124; 1993 sp.s. c 2 § 57; 1988 c 36 § 44; 1985 c 457 § 10. Formerly RCW 75.58.030.]
NOTES:
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.115 - Aquaculture Disease Control. › 77.115.040 - Registration of aquatic farmers—Fee.

RCW 77.115.040
Registration of aquatic farmers—Fee.
(1) All aquatic farmers, as defined in RCW 15.85.020, shall register with the department. The application fee is one hundred five dollars. The director shall assign each aquatic farm a unique registration number and develop and maintain in an electronic database a registration list of all aquaculture farms. The department shall establish procedures to annually update the aquatic farmer information contained in the registration list. The department shall coordinate with the department of health using shellfish growing area certification data when updating the registration list.
(2) Registered aquaculture farms shall provide the department with the following information:
(a) The name of the aquatic farmer;
(b) The address of the aquatic farmer;
(c) Contact information such as telephone, fax, website, and email address, if available;
(d) The number and location of acres under cultivation, including a map displaying the location of the cultivated acres;
(e) The name of the landowner of the property being cultivated or otherwise used in the aquatic farming operation;
(f) The private sector cultured aquatic product being propagated, farmed, or cultivated; and
(g) Statistical production data.
(3) The state veterinarian shall be provided with registration and statistical data by the department.
(4) The department must implement this section consistent with RCW 77.125.050.
[ 2018 c 179 § 8; 2011 c 339 § 37; 2007 c 216 § 6; 1993 sp.s. c 2 § 58; 1988 c 36 § 45; 1985 c 457 § 11. Formerly RCW 75.58.040.]
NOTES:
Effective date—2011 c 339: See note following RCW 43.84.092.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.120 - Ballast Water Management. › 77.120.005 - Findings.

RCW 77.120.005
Findings.
The legislature finds that some nonindigenous species have the potential to cause economic and environmental damage to the state and that current efforts to stop the introduction of nonindigenous species from shipping vessels do not adequately reduce the risk of new introductions into Washington waters.
The legislature recognizes the international ramifications and the rapidly changing dimensions of this issue, the lack of currently available treatment technologies, and the difficulty that any one state has in either legally or practically managing this issue. Recognizing the possible limits of state jurisdiction over international issues, the state declares its support for the international maritime organization and United States coast guard efforts, and the state intends to complement, to the extent its powers allow it, the United States coast guard's ballast water management program.
[ 2004 c 227 § 1; 2000 c 108 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.120 - Ballast Water Management. › 77.120.020 - Application of chapter.

RCW 77.120.020
Application of chapter.
(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.
[ 2007 c 350 § 9; 2000 c 108 § 3.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.120 - Ballast Water Management. › 77.120.050 - Pilot project—Private sector ballast water treatment operation.

RCW 77.120.050
Pilot project—Private sector ballast water treatment operation.
The shipping vessel industry, the public ports, and the department shall promote the creation of a pilot project to establish a private sector ballast water treatment operation that is capable of servicing vessels at all Washington ports. Federal and state agencies and private industries shall be invited to participate. The project will develop equipment or methods to treat ballast water and establish operational methods that do not increase the cost of ballast water treatment at smaller ports. The legislature intends that the cost of treatment required by this chapter is substantially equivalent among large and small ports in Washington.
[ 2000 c 108 § 6.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.120 - Ballast Water Management. › 77.120.070 - Violation of chapter—Penalties—Rules.

RCW 77.120.070
Violation of chapter—Penalties—Rules.
(1) The department may establish by rule schedules for any penalty allowed in this chapter. The schedules may provide for the incremental assessment of a penalty based on criteria established by rule.
(2) The director or the director's designee may impose a civil penalty or warning for a violation of the requirements of this chapter on the owner or operator in charge of a vessel who fails to comply with the requirements imposed under this chapter. The penalty shall not exceed twenty-seven thousand five hundred dollars for each day of a continuing violation. In determining the amount of a civil penalty, the department shall set standards by rule that consider if the violation was intentional, negligent, or without any fault, and shall consider the quality and nature of risks created by the violation. The owner or operator subject to such a penalty may contest the determination by requesting an adjudicative proceeding within twenty days. Any determination not timely contested is final and may be reduced to a judgment enforceable in any court with jurisdiction. If the department prevails using any judicial process to collect a penalty under this section, the department shall also be awarded its costs and reasonable attorneys' fees.
(3) The department, in cooperation with the United States coast guard, may enforce the requirements of this chapter.
[ 2017 3rd sp.s. c 17 § 304; 2007 c 350 § 12; 2000 c 108 § 8.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.120 - Ballast Water Management. › 77.120.100 - Department may assess fee for exemptions—Rules.

RCW 77.120.100
Department may assess fee for exemptions—Rules.
The department may assess a fee for any exemptions allowed under this chapter. Such a fee may not exceed five thousand dollars. The department may establish by rule schedules for any fee allowed in this chapter. The schedules may provide for the incremental assessment of a penalty based on criteria established by rule.
[ 2007 c 350 § 13.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.120 - Ballast Water Management. › 77.120.110 - Ballast water and biofouling management account.

RCW 77.120.110
Ballast water and biofouling management account.
(1) The ballast water and biofouling management account is created in the state treasury. All receipts from legislative appropriations, gifts, grants, donations, penalties, and fees received under this chapter must be deposited into the account.
(2) Expenditures from the account may be used only to carry out the purposes of this chapter. However, penalties may not be used for the salaries of permanent department employees.
(3) Moneys in the account may be spent only after appropriation.
[ 2017 3rd sp.s. c 17 § 106; 2009 c 333 § 27; 2007 c 350 § 14.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.120 - Ballast Water Management. › 77.120.120 - Special operating authorization—Rules.

RCW 77.120.120
Special operating authorization—Rules.
The department may issue a special operating authorization for passenger vessels conducting or assisting in research and testing activities to determine the presence of invasive species in ballast water collected in the waters of southeast Alaska north of latitude fifty-four degrees thirty minutes north to sixty-one degrees ten minutes north, extending to longitude one hundred forty-nine degrees thirty minutes west. The department may adopt rules for defining special operating authorization conditions, requirements, limitations, and fees as necessary to implement this section, consistent with the intent of this chapter.
[ 2009 c 333 § 28; 2007 c 350 § 15.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.120 - Ballast Water Management. › 77.120.130 - Department's authority to enter into partnerships, contracts, or other agreements.

RCW 77.120.130
Department's authority to enter into partnerships, contracts, or other agreements.
The department may enter into partnerships, contracts, or any other form of agreements with other entities to carry out the intent of this chapter. The department shall ensure that any such entity is registered and licensed to do business in Washington. All agreements must be consistent with existing state laws, agency rules, state water quality standards, and collective bargaining agreements.
[ 2017 3rd sp.s. c 17 § 204.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.120 - Ballast Water Management. › 77.120.140 - Biofouling—Agency rule-making authority.

RCW 77.120.140
Biofouling—Agency rule-making authority.
(1) The owner or operator of a vessel covered by this chapter is required to ensure that the vessel under their ownership or control does not release biofouling into waters of the state except as authorized by this section.
(2) The department may adopt by rule standards and requirements governing the release of biofouling on vessels arriving or moored at a Washington port.
(3) The department shall adopt rules under subsection (2) of this section for adoption in consultation with a collaborative forum with advisors from regulated industries and the potentially affected parties including shipping interests, ports, shellfish growers, fisheries, environmental interests, interested citizens who have knowledge of the issues, and appropriate governmental representatives including the United States coast guard and the United States environmental protection agency. The rules must:
(a) Ensure that biofouling management poses minimal risk of release of nonindigenous species;
(b) Be based on the best available technology that is economically achievable; and
(c) Where practical and appropriate, be compatible with standards and requirements set by the United States coast guard, the United States environmental protection agency, or the international maritime organization.
[ 2017 3rd sp.s. c 17 § 301.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.125 - Marine Finfish Aquaculture Programs. › 77.125.010 - Accidental Atlantic salmon release—Prevention measures.

RCW 77.125.010
Accidental Atlantic salmon release—Prevention measures.
Marine aquaculture net pen facilities in Washington state have accidentally released Atlantic salmon into Puget Sound. It is necessary to minimize escapes through the implementation of statewide prevention measures.
[ 2001 c 86 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.125 - Marine Finfish Aquaculture Programs. › 77.125.020 - Marine aquatic farming location—Defined.

RCW 77.125.020
Marine aquatic farming location—Defined.
For the purposes of this chapter, "marine aquatic farming location" means a complete complex that may be composed of various marine enclosures, net pens, or other rearing vessels, food handling facilities, or other facilities related to the rearing of Atlantic salmon or other finfish in marine waters. A marine aquatic farming location is distinguished from the individual facilities that collectively compose the location.
[ 2001 c 86 § 2.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.125 - Marine Finfish Aquaculture Programs. › 77.125.030 - Development of proposed rules—Elements.

RCW 77.125.030
Development of proposed rules—Elements.
(1) The director, in cooperation with the marine finfish aquatic farmers, shall develop proposed rules for the implementation, administration, and enforcement of marine finfish aquaculture programs. In developing such proposed rules, the director must use a negotiated rule-making process pursuant to RCW 34.05.310. The proposed rules shall include the following elements:
(a) Provisions for the prevention of escapes of cultured marine finfish aquaculture products from enclosures, net pens, or other rearing vessels;
(b) Provisions for the development and implementation of management plans to facilitate the most rapid recapture of live marine finfish aquaculture products that have escaped from enclosures, net pens, or other rearing vessels, and to prevent the spread or permanent escape of these products;
(c) Provisions for the development of management practices based on the latest available science, to include:
(i) Procedures for inspections of marine aquatic farming locations on a regular basis to determine conformity with law and the rules of the department relating to the operation of marine aquatic farming locations. The rules must provide for the recovery of actual costs incurred for required inspections, monitoring, and compliance testing by the department; and
(ii) Operating procedures at marine aquatic farming locations to prevent the escape of marine finfish, to include the use of net antifoulants;
(d) Provisions for the eradication of those cultured marine finfish aquaculture products that have escaped from enclosures, net pens, or other rearing vessels found spawning in state waters;
(e) Provisions for the determination of appropriate species, stocks, and races of marine finfish aquaculture products allowed to be cultured at specific locations and sites;
(f) Provisions for the development of an Atlantic salmon watch program similar to the one in operation in British Columbia, Canada. The program must provide for the monitoring of escapes of Atlantic salmon from marine aquatic farming locations, monitor the occurrence of naturally produced Atlantic salmon, determine the impact of Atlantic salmon on naturally produced and cultured finfish stocks, provide a focal point for consolidation of scientific information, and provide a forum for interaction and education of the public; and
(g) Provisions for the development of an education program to assist marine aquatic farmers so that they operate in an environmentally sound manner.
(2) The department must implement this section consistent with RCW 77.125.050.
[ 2020 c 216 § 1; 2018 c 179 § 9; 2001 c 86 § 3.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.125 - Marine Finfish Aquaculture Programs. › 77.125.040 - Rules adoption.

RCW 77.125.040
Rules adoption.
Rules to implement this chapter shall be adopted no sooner than thirty days following the end of the 2002 regular legislative session.
[ 2017 3rd sp.s. c 25 § 36; 2001 c 86 § 4.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.125 - Marine Finfish Aquaculture Programs. › 77.125.050 - Activities associated with the use of marine net pens for nonnative marine finfish aquaculture.

RCW 77.125.050
Activities associated with the use of marine net pens for nonnative marine finfish aquaculture.
(1) The department may authorize or permit activities associated with the use of marine net pens for nonnative marine finfish aquaculture only if these activities are performed under a lease of state-owned aquatic lands in effect on June 7, 2018. The department may not authorize or permit any of these activities or operations after the expiration date of the relevant lease of state-owned aquatic lands in effect on June 7, 2018.
(2) For purposes of this section, "state-owned aquatic lands" has the same meaning as defined in RCW 79.105.060.
[ 2018 c 179 § 3.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.125 - Marine Finfish Aquaculture Programs. › 77.125.060 - Facility operator must hire marine engineering firm to conduct inspections.

RCW 77.125.060
Facility operator must hire marine engineering firm to conduct inspections.
(1) For marine finfish aquaculture, the facility operator must hire, at their own expense, a marine engineering firm approved by the department to conduct inspections. Inspections must occur approximately every two years, when net pens are fallow, and must include topside and mooring assessments related to escapement potential, structural integrity, permit compliance, and operations.
(2) Any net pen facility must be found to be in good working order to receive fish.
(3) If the facility is found to be in imminent danger of collapse or release of finfish, the director may require the operator to remove fish or deny a fish transfer permit.
[ 2018 c 179 § 12.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.130 - Disposition of Unclaimed Property. › 77.130.010 - Unclaimed personal property—Disposition—Firearms.

RCW 77.130.010
Unclaimed personal property—Disposition—Firearms.
Whenever any personal property comes into the possession of the officers of the department in connection with the official performance of their duties and the personal property remains unclaimed or not taken away for a period of sixty days from the date of written notice to the owner thereof, if known, which notice shall inform the owner of the disposition that may be made of the property under this section and the time that the owner has to claim the property and in all other cases for a period of sixty days from the time the property came into the possession of the department, unless the property has been held as evidence in any court, then, in that event, after sixty days from date when the case has been finally disposed of and the property released as evidence by order of the court, the department may:
(1) At any time thereafter sell the personal property at public auction to the highest and best bidder for cash in the manner hereinafter provided;
(2) Retain the property for the use of the department subject to giving notice in the manner prescribed in RCW 63.35.030 and the right of the owner, or the owner's legal representative, to reclaim the property within one year after receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the director, the property consists of firearms or other items specifically usable in law enforcement work. At the end of each calendar year during which there has been such a retention, the department shall provide the office of financial management and retain for public inspection a list of such retained items and an estimation of each item's replacement value;
(3) Destroy an item of personal property at the discretion of the director if the director determines that the following circumstances have occurred:
(a) The property has no substantial commercial value or the probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after notice procedures have been met, as prescribed in this section; and
(c) The director has determined that the item is illegal to possess or sell or unsafe and unable to be made safe for use by any member of the general public;
(4) If the item is not unsafe or illegal to possess or sell, such item, after satisfying the notice requirements as prescribed in this section may be offered by the director to bona fide dealers, in trade for law enforcement equipment, which equipment must be treated as retained property for the purpose of annual listing requirements of subsection (2) of this section; or
(5) At the end of one year, any unclaimed firearm must be disposed of pursuant to RCW 9.41.098(2). Any other item that is not unsafe or illegal to possess or sell, but has been, or may be used, in the judgment of the director, in a manner that is illegal, may be destroyed.
[ 2009 c 333 § 44.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.130 - Disposition of Unclaimed Property. › 77.130.020 - Notice of sale.

RCW 77.130.020
Notice of sale.
Before the personal property shall be sold, a notice of such a sale fixing the time and place thereof which shall be at a suitable place, which will be noted in the advertisement for sale, and containing a description of the property to be sold must be published at least once in a newspaper of general circulation in the county in which the property is to be sold at least ten days prior to the date fixed for the auction. The notice must be signed by the director. If the owner fails to reclaim the property prior to the time fixed for the sale in such a notice, the director shall conduct the sale and sell the property described in the notice at public auction to the highest and best bidder for cash, and upon payment of the amount of the bid shall deliver the property to the bidder.
[ 2009 c 333 § 45.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.130 - Disposition of Unclaimed Property. › 77.130.030 - Use of money from sales under this chapter.

RCW 77.130.030
Use of money from sales under this chapter.
The moneys arising from sales under the provisions of this chapter must be first applied to the payment of the costs and expenses of the sale and then to the payment of lawful charges and expenses for the keep of the personal property and the balance, if any, must be forwarded to the state treasurer to be deposited into the fish and wildlife enforcement reward account under RCW 77.15.425.
[ 2009 c 333 § 46.]