reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.030 - Salmon enhancement plan—Enhancement projects.

RCW 77.95.030
Salmon enhancement plan—Enhancement projects.
(1) The commission shall develop a detailed salmon enhancement plan with proposed enhancement projects. The plan and the regional policy statements shall be submitted to the secretary of the senate and chief clerk of the house of representatives for legislative distribution by June 30, 1986. The enhancement plan and regional policy statements shall be provided by June 30, 1986, to the natural resources committees of the house of representatives and the senate. The commission shall provide a maximum opportunity for the public to participate in the development of the salmon enhancement plan. To insure full participation by all interested parties, the commission shall solicit and consider enhancement project proposals from Indian tribes, sports fishers, commercial fishers, private aquaculturists, and other interested groups or individuals for potential inclusion in the salmon enhancement plan. Joint or cooperative enhancement projects shall be considered for funding.
(2) The following criteria shall be used by the commission in formulating the project proposals:
(a) Compatibility with the long-term policy statement;
(b) Benefit/cost analysis;
(c) Needs of all fishing interests;
(d) Compatibility with regional plans, including harvest management plans;
(e) Likely increase in resource productivity;
(f) Direct applicability of any research;
(g) Salmon advisory council recommendations;
(h) Compatibility with federal court orders;
(i) Coordination with the salmon and steelhead advisory commission program;
(j) Economic impact to the state;
(k) Technical feasibility; and
(l) Preservation of native salmon runs.
(3) The commission shall not approve projects that serve as replacement funding for projects that exist prior to May 21, 1985, unless no other sources of funds are available.
(4) The commission shall prioritize various projects and establish a recommended implementation time schedule.
[ 2013 c 23 § 246; 1995 1st sp.s. c 2 § 35 (Referendum Bill No. 45, approved November 7, 1995); 1985 c 458 § 3. Formerly RCW 75.50.030.]
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 77.95 - Salmon Enhancement Program. › 77.95.040 - Commission to monitor enhancement projects and enhancement plan.

RCW 77.95.040
Commission to monitor enhancement projects and enhancement plan.
Upon approval by the legislature of funds for its implementation, the commission shall monitor the progress of projects detailed in the salmon enhancement plan.
The commission shall be responsible for establishing criteria which shall be used to measure the success of each project in the salmon enhancement plan.
[ 1995 1st sp.s. c 2 § 36 (Referendum Bill No. 45, approved November 7, 1995); 1985 c 458 § 4. Formerly RCW 75.50.040.]
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.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.050 - "Enhancement project" defined.

RCW 77.95.050
"Enhancement project" defined.
As used in this chapter, "enhancement project" means salmon propagation activities including, but not limited to, hatcheries, spawning channels, rearing ponds, egg boxes, fishways, fish screens, streambed clearing, erosion control, habitat restoration, net pens, applied research projects, and any equipment, real property, or other interest necessary to the proper operation thereof.
[ 1985 c 458 § 6. Formerly RCW 75.50.060.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.060 - Regional fisheries enhancement group authorized.

RCW 77.95.060
Regional fisheries enhancement group authorized.
The legislature finds that it is in the best interest of the salmon resource of the state to encourage the development of regional fisheries enhancement groups. The accomplishments of one existing group, the Grays Harbor fisheries enhancement task force, have been widely recognized as being exemplary. The legislature recognizes the potential benefits to the state that would occur if each region of the state had a similar group of dedicated citizens working to enhance the salmon resource.
The legislature authorizes the formation of regional fisheries enhancement groups. These groups shall be eligible for state financial support and shall be actively supported by the commission and the department. The regional groups shall be operated on a strictly nonprofit basis, and shall seek to maximize the efforts of volunteer and private donations to improve the salmon resource for all citizens of the state.
[ 1995 1st sp.s. c 2 § 38 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 46; 1989 c 426 § 1. Formerly RCW 75.50.070.]
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.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Severability—1989 c 426: "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 426 § 10.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.070 - Regional fisheries enhancement groups—Goals.

RCW 77.95.070
Regional fisheries enhancement groups—Goals.
Regional fisheries enhancement groups, consistent with the long-term regional policy statements developed under RCW 77.95.020, shall seek to:
(1) Enhance the salmon and steelhead resources of the state;
(2) Maximize volunteer efforts and private donations to improve the salmon and steelhead resources for all citizens;
(3) Assist the department in achieving the goal to double the statewide salmon and steelhead catch by the year 2000; and
(4) Develop projects designed to supplement the fishery enhancement capability of the department.
[ 2000 c 107 § 105; 1997 c 389 § 5; 1993 sp.s. c 2 § 47; 1989 c 426 § 4. Formerly RCW 75.50.080.]
NOTES:
Findings—1997 c 389: See note following RCW 77.95.100.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Severability—1989 c 426: See note following RCW 77.95.060.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.080 - Regional fisheries enhancement groups—Incorporation prerequisites.

RCW 77.95.080
Regional fisheries enhancement groups—Incorporation prerequisites.
Each regional fisheries enhancement group shall be incorporated pursuant to Title 24 RCW. Any interested person or group shall be permitted to join. It is desirable for the group to have representation from all categories of fishers and other parties that have interest in salmon within the region, as well as the general public.
[ 1990 c 58 § 2. Formerly RCW 75.50.090.]
NOTES:
Findings—1990 c 58: "The legislature finds that: (1) It is in the best interest of the state to encourage nonprofit regional fisheries enhancement groups authorized in RCW 75.50.070 to participate in enhancing the state's salmon population including, but not limited to, salmon research, increased natural and artificial production, and through habitat improvement; (2) such regional fisheries enhancement groups interested in improving salmon habitat and rearing salmon shall be eligible for financial assistance; (3) such regional fisheries enhancement groups should seek to maximize the efforts of volunteer personnel and private donations; (4) this program will assist the state in its goal to double the salmon catch by the year 2000; (5) this program will benefit both commercial and recreational fisheries and improve cooperative efforts to increase salmon production through a coordinated approach with similar programs in other states and Canada; and (6) the Grays Harbor fisheries enhancement task force's exemplary performance in salmon enhancement provides a model for establishing regional fisheries enhancement groups by rule adopted under RCW 75.50.070, 75.50.080, and 75.50.090 through 75.50.110." [ 1990 c 58 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.090 - Regional fisheries enhancement group account—Revenue sources, uses, and limitations.

RCW 77.95.090
Regional fisheries enhancement group account—Revenue sources, uses, and limitations.
The dedicated regional fisheries enhancement group account is created in the custody of the state treasurer. Only the commission or the commission's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
A portion of each recreational fishing license fee shall be used as provided in RCW 77.32.440. A surcharge of one hundred dollars shall be collected on each commercial salmon fishery license, each salmon delivery license, and each salmon charter license sold in the state. All receipts shall be placed in the regional fisheries enhancement group account and shall be used exclusively for regional fisheries enhancement group projects for the purposes of *RCW 77.95.110. Except as provided in RCW 77.95.320, funds from the regional fisheries enhancement group account shall not serve as replacement funding for department operated salmon projects that exist on January 1, 1991.
All revenue from the department's sale of salmon carcasses and eggs that return to group facilities shall be deposited in the regional fisheries enhancement group account for use by the regional fisheries enhancement group that produced the surplus. The commission shall adopt rules to implement this section pursuant to chapter 34.05 RCW.
[ 2009 c 340 § 4; 2000 c 107 § 106. Prior: 1998 c 245 § 155; 1998 c 191 § 27; 1995 1st sp.s. c 2 § 39 (Referendum Bill No. 45, approved November 7, 1995); prior: 1993 sp.s. c 17 § 11; 1993 c 340 § 53; 1990 c 58 § 3. Formerly RCW 75.50.100.]
NOTES:
*Reviser's note: RCW 77.95.110 was repealed by 2010 1st sp.s. c 7 § 81.
Findings—2009 c 340: See note following RCW 77.95.320.
Effective date—1998 c 191: See note following RCW 77.32.410.
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.
Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520.
Finding, intent—Captions not law—Effective date—Severability—1993 c 340: See notes following RCW 77.65.010.
Effective date—1990 c 58 § 3: "Section 3 of this act shall take effect January 1, 1991." [ 1990 c 58 § 6.]
Findings—1990 c 58: See note following RCW 77.95.080.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.100 - Regional fisheries enhancement groups—Start-up funds.

RCW 77.95.100
Regional fisheries enhancement groups—Start-up funds.
The department may provide start-up funds to regional fisheries enhancement groups for costs associated with any enhancement project. The commission shall develop guidelines for providing funds to the regional fisheries enhancement groups.
[ 2010 1st sp.s. c 7 § 82; 2000 c 107 § 107; 1997 c 389 § 2. Formerly RCW 75.50.105.]
NOTES:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Findings—1997 c 389: "(1) The legislature finds that:
(a) Currently, many of the salmon stocks on the Washington coast and in Puget Sound are severely depressed and may soon be listed under the federal endangered species act.
(b) Immediate action is needed to reverse the severe decline of this resource and ensure its very survival.
(c) The cooperation and participation of private landowners is crucial in efforts to restore and enhance salmon populations.
(d) Regional fisheries enhancement groups have been exceptionally successful in their efforts to work with private landowners to restore and enhance salmon habitat on private lands.
(e) State funding for regional fisheries enhancement groups has been declining and is a significant limitation to current fisheries enhancement and habitat restoration efforts.
(f) Therefore, a stable funding source is essential to the success of the regional enhancement groups and their efforts to work cooperatively with private landowners to restore salmon resources.
(2) The legislature further finds that:
(a) The increasing population and continued development throughout the state, and the transportation system needed to serve this growth, have exacerbated problems associated with culverts, creating barriers to fish passage.
(b) These barriers obstruct habitat and have resulted in reduced production and survival of anadromous and resident fish at a time when salmonid stocks continue to decline.
(c) Current state laws do not appropriately direct resources for the correction of fish passage obstructions related to transportation facilities.
(d) Current fish passage management efforts related to transportation projects lack necessary coordination on a watershed, regional, and statewide basis, have inadequate funding, and fail to maximize use of available resources.
(e) Therefore, the legislature finds that the department of transportation and the department of fish and wildlife should work with state, tribal, local government, and volunteer entities to develop a coordinated, watershed-based fish passage barrier removal program." [ 1997 c 389 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.130 - Regional fisheries enhancement salmonid recovery account—Created.

RCW 77.95.130
Regional fisheries enhancement salmonid recovery account—Created.
The regional fisheries enhancement salmonid recovery account is created in the state treasury. All receipts from federal sources and moneys from state sources specified by law must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the sole purpose of fisheries enhancement and habitat restoration by regional fisheries enhancement groups.
[ 1997 c 389 § 3. Formerly RCW 75.50.125.]
NOTES:
Findings—1997 c 389: See note following RCW 77.95.100.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.140 - Skagit river salmon recovery plan.

RCW 77.95.140
Skagit river salmon recovery plan.
The commission shall prepare a salmon recovery plan for the Skagit river. The plan shall include strategies for employing displaced timber workers to conduct salmon restoration and other tasks identified in the plan. The plan shall incorporate the best available technology in order to achieve maximum restoration of depressed salmon stocks. The plan must encourage the restoration of natural spawning areas and natural rearing of salmon but must not preclude the development of an active hatchery program.
[ 1995 1st sp.s. c 2 § 41 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 48; 1992 c 88 § 1. Formerly RCW 75.50.130.]
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.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.150 - Coordination with regional enhancement groups—Findings.

RCW 77.95.150
Coordination with regional enhancement groups—Findings.
The legislature finds that:
(1) Regional enhancement groups are a valuable resource for anadromous fish recovery. They improve critical fish habitat and directly contribute to anadromous fish populations through fish restoration technology.
(2) Due to a decrease in recreational and commercial salmon license sales, regional enhancement groups are receiving fewer financial resources at a time when recovery efforts are needed most.
(3) To maintain regional enhancement groups as an effective enhancement resource, technical assets of state agencies must be coordinated and utilized to maximize the financial resources of regional enhancement groups and overall fish recovery efforts.
[ 1995 c 367 § 1. Formerly RCW 75.50.150.]
NOTES:
Severability—1995 c 367: "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." [ 1995 c 367 § 12.]
Effective date—1995 c 367: "This act is 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 immediately [May 16, 1995]." [ 1995 c 367 § 13.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.170 - Salmonid fish passage—Removing impediments—Grant program—Administration—Database directory.

RCW 77.95.170
Salmonid fish passage—Removing impediments—Grant program—Administration—Database directory.
(1) The department may coordinate with the recreation and conservation office in the administration of all state grant programs specifically designed to assist state agencies, private landowners, tribes, organizations, and volunteer groups in identifying and removing impediments to salmonid fish passage. The transportation improvement board may administer all grant programs specifically designed to assist cities, counties, and other units of local governments with fish passage barrier corrections associated with transportation projects. All grant programs must be administered and be consistent with the following:
(a) Salmonid-related corrective projects, inventory, assessment, and prioritization efforts;
(b) Salmonid projects subject to a competitive application process; and
(c) A minimum dollar match rate that is consistent with the funding authority's criteria. If no funding match is specified, a match amount of at least twenty-five percent per project is required. For local, private, and volunteer projects, in-kind contributions may be counted toward the match requirement.
(2) Priority shall be given to projects that match the principles provided in RCW 77.95.180.
(3) All projects subject to this section shall be reviewed and approved by the fish passage barrier removal board created in RCW 77.95.160 or an alternative oversight committee designated by the state legislature.
(4) Other agencies that administer natural resource-based grant programs shall use fish passage selection criteria that are consistent with this section when those programs are addressing fish passage barrier removal projects.
(5)(a) The department shall establish a centralized database directory of all fish passage barrier information. The database directory must include, but is not limited to, existing fish passage inventories, fish passage projects, grant program applications, and other databases. These data must be used to coordinate and assist in habitat recovery and project mitigation projects.
(b) The department must develop a barrier inventory training program that qualifies participants to perform barrier inventories and develop data that enhance the centralized database. The department may decide the qualifications for participation. However, employees and volunteers of conservation districts and regional salmon recovery groups must be given priority consideration.
[ 2014 c 120 § 3; 1999 c 242 § 4; 1998 c 249 § 16. Formerly RCW 75.50.165.]
NOTES:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.190 - Field testing of remote site incubators.

RCW 77.95.190
Field testing of remote site incubators.
The department shall field test coho and chinook salmon remote site incubators. The purpose of field testing efforts shall be to gather conclusive scientific data on the effectiveness of coho and chinook remote site incubators.
[ 2010 1st sp.s. c 7 § 84; 1995 c 367 § 10. Formerly RCW 75.50.180.]
NOTES:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Severability—Effective date—1995 c 367: See notes following RCW 77.95.150.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.200 - Remote site incubator program—Reports to the fish and wildlife commission.

RCW 77.95.200
Remote site incubator program—Reports to the fish and wildlife commission.
(1) The department shall develop and implement a program utilizing remote site incubators in Washington state. The program shall identify sites in tributaries that are suitable for reestablishing self-sustaining, locally adapted populations of coho, chum, or chinook salmon. The initial selection of sites shall be updated annually.
(2) The department may only approve a remote site incubator project if the department deems it is consistent with the conservation of wild salmon and trout. The department shall only utilize appropriate salmonid eggs in remote site incubators, and may acquire eggs by gift or purchase.
(3) The department shall depend chiefly upon volunteer efforts to implement the remote site incubator program through volunteer cooperative projects and the regional fisheries enhancement groups. The department may prioritize remote site incubator projects within regional enhancement areas.
(4) The department may purchase remote site incubators and may use agency employees to construct remote site incubators.
(5) The department shall investigate the use of the remote site incubator technology for the production of warm water fish.
(6) Annual reports on the progress of the program shall be provided to the fish and wildlife commission.
[ 2009 c 333 § 29; 1998 c 251 § 2. Formerly RCW 75.50.190.]
NOTES:
Finding—1998 c 251: "The legislature finds that trout and salmon populations are depleted in many state waters. Restoration of these populations to a healthy status requires improved protection of these species and their habitats. However, in some instances restoration of self-sustaining populations also requires the reintroduction of the fish into their native habitat.
Remote site incubators have been shown to be a cost-effective means of bypassing the early period of high mortality experienced by salmonid eggs that are naturally spawned in streams. In addition, remote site incubators provide an efficient method for reintroduction of fish into areas that are not seeded by natural spawning. The technology for remote site incubators is well developed, and their application is easily accomplished in a wide variety of habitat by persons with a moderate level of training.
It is a goal of the remote site incubator program to assist the reestablishment of wild salmon and trout populations that are self-sustaining through natural spawning. In other cases, where the habitat has been permanently damaged and natural populations cannot sustain themselves, the remote site incubator program may become a cost-effective long-term solution for supplementation of fish populations." [ 1998 c 251 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.210 - Sale of surplus salmon eggs—Order of priority.

RCW 77.95.210
Sale of surplus salmon eggs—Order of priority.
(1) Except as provided in subsection (2) of this section, the department may supply, at a reasonable charge, surplus salmon eggs to a person for use in the cultivation of salmon. The department shall not intentionally create a surplus of salmon to provide eggs for sale. The department shall only sell salmon eggs from stocks that are not suitable for salmon population rehabilitation or enhancement in state waters in Washington after the salmon harvest on surplus salmon has been first maximized by both commercial and recreational fishers.
(2) The department shall not destroy hatchery origin salmon for the purposes of destroying viable eggs that would otherwise be useful for propagation or salmon recovery purposes, as determined by the department and Indian tribes with treaty fishing rights in a collaborative manner, for replenishing fish runs. Eggs deemed surplus by the state must be provided, in the following order of priority, to:
(a) Voluntary cooperative salmon culture programs under the supervision of the department under chapter 77.100 RCW;
(b) Regional fisheries enhancement group salmon culture programs under the supervision of the department under this chapter;
(c) Salmon culture programs requested by lead entities and approved by the salmon funding recovery board under chapter 77.85 RCW;
(d) Hatcheries of federally approved tribes in Washington to whom eggs are moved, not sold, under the interlocal cooperation act, chapter 39.34 RCW; and
(e) Governmental hatcheries in Washington, Oregon, and Idaho.
The order of priority established in this subsection for distributing surplus eggs does not apply when there is a shortfall in the supply of eggs.
(3) All sales, provisions, distributions, or transfers shall be consistent with the department's egg transfer and aquaculture disease control regulations as now existing or hereafter amended. Prior to department determination that eggs of a salmon stock are surplus and available for sale, the department shall assess the productivity of each watershed that is suitable for receiving eggs.
[ 2001 c 337 § 1; 2000 c 107 § 11; 1988 c 115 § 1; 1983 1st ex.s. c 46 § 25; 1974 ex.s. c 23 § 1; 1971 c 35 § 4. Formerly RCW 75.08.245, 75.16.120.]
NOTES:
Sale of surplus salmon eggs and carcasses by volunteer cooperative fish projects: RCW 77.100.040.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.220 - Legislative finding.

RCW 77.95.220
Legislative finding.
The legislature finds that:
(1) The fishery resources of Washington are critical to the social and economic needs of the citizens of the state;
(2) Salmon production is dependent on both wild and artificial production;
(3) The department is directed to enhance Washington's salmon runs; and
(4) Full utilization of the state's salmon rearing facilities is necessary to enhance commercial and recreational fisheries.
[ 1993 sp.s. c 2 § 24; 1989 c 336 § 1. Formerly RCW 75.08.400.]
NOTES:
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Severability—1989 c 336: "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 336 § 7.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.230 - Director's determination of salmon production costs.

RCW 77.95.230
Director's determination of salmon production costs.
The director shall determine the cost of operating all state-funded salmon production facilities at full capacity and shall provide this information with the department's biennial budget request.
[ 1989 c 336 § 2. Formerly RCW 75.08.410.]
NOTES:
Severability—1989 c 336: See note following RCW 77.95.220.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.240 - State purchase of private salmon smolts.

RCW 77.95.240
State purchase of private salmon smolts.
The director may contract with cooperatives or private aquaculturists for the purchase of quality salmon smolts for release into public waters if all department fish rearing facilities are operating at full capacity. The intent of cooperative and private sector contracting is to explore the opportunities of cooperatively producing more salmon for the public fisheries without incurring additional capital expense for the department.
[ 1989 c 336 § 3. Formerly RCW 75.08.420.]
NOTES:
Severability—1989 c 336: See note following RCW 77.95.220.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.250 - State purchase of private salmon smolts—Bids.

RCW 77.95.250
State purchase of private salmon smolts—Bids.
If the director elects to contract with cooperatives or private aquaculturists for the purpose of purchasing quality salmon smolts, contracting shall be done by a competitive bid process. In awarding contracts to private contractors, the director shall give preference to nonprofit corporations. The director shall establish the criteria for the contract, which shall include but not be limited to species, size of smolt, stock composition, quantity, quality, rearing location, release location, and other pertinent factors.
[ 1989 c 336 § 4. Formerly RCW 75.08.430.]
NOTES:
Severability—1989 c 336: See note following RCW 77.95.220.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.260 - State purchase of private salmon smolts—Private ocean ranching not authorized.

RCW 77.95.260
State purchase of private salmon smolts—Private ocean ranching not authorized.
Nothing in chapter 336, Laws of 1989 shall authorize the practice of private ocean ranching. Privately contracted smolts become the property of the state at the time of release.
[ 1989 c 336 § 5. Formerly RCW 75.08.440.]
NOTES:
Severability—1989 c 336: See note following RCW 77.95.220.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.270 - State purchase of private salmon smolts—Availability of excess salmon eggs.

RCW 77.95.270
State purchase of private salmon smolts—Availability of excess salmon eggs.
Except as provided in RCW 77.95.210, the department may make available to private contractors salmon eggs in excess of department hatchery needs for the purpose of contract rearing to release the smolts into public waters. However, providing salmon eggs as specified in RCW 77.95.210(2) has the highest priority. The priority of providing eggs surplus after meeting the requirements of RCW 77.95.210(2) to contract rearing is a higher priority than providing eggs to aquaculture purposes that are not destined for release into Washington public waters.
[ 2001 c 337 § 2; 1989 c 336 § 6. Formerly RCW 75.08.450.]
NOTES:
Severability—1989 c 336: See note following RCW 77.95.220.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.280 - Chinook and coho salmon—External marking of hatchery-produced fish—Findings.

RCW 77.95.280
Chinook and coho salmon—External marking of hatchery-produced fish—Findings.
The legislature declares that the state has a vital interest in the continuation of recreational fisheries for chinook salmon and coho salmon in mixed stock areas, and that the harvest of hatchery origin salmon should be encouraged while wild salmon should be afforded additional protection when required. A program of selective harvest shall be developed utilizing hatchery salmon that are externally marked in a conspicuous manner, regulations that promote the unharmed release of unmarked fish, when and where appropriate, and a public information program that educates the public about the need to protect depressed stocks of wild salmon.
The legislature further declares that the establishment of other incentives for commercial fishing and fish processing in Washington will complement the program of selective harvest in mixed stock fisheries anticipated by this legislation.
[ 1995 c 372 § 1. Formerly RCW 75.08.500.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.290 - Chinook and coho salmon—External marking of hatchery-produced fish—Program.

RCW 77.95.290
Chinook and coho salmon—External marking of hatchery-produced fish—Program.
The department shall mark appropriate coho salmon that are released from department operated hatcheries and rearing ponds in such a manner that the fish are externally recognizable as hatchery origin salmon by fishers for the purpose of maximized catch while sustaining wild and hatchery reproduction.
The department shall mark all appropriate chinook salmon targeted for contribution to the Washington catch that are released from department operated hatcheries and rearing ponds in such a manner that the fish are externally recognizable as hatchery origin salmon by fishers.
The goal of the marking program is: (1) The annual marking by June 30, 1997, of all appropriate hatchery origin coho salmon produced by the department with marking to begin with the 1994 Puget Sound coho brood; and (2) the annual marking by June 30, 1999, of all appropriate hatchery origin chinook salmon produced by the department with marking to begin with the 1998 chinook brood. The department may experiment with different methods for marking hatchery salmon with the primary objective of maximum survival of hatchery marked fish, maximum contribution to fisheries, and minimum cost consistent with the other goals.
The department shall coordinate with other entities that are producing hatchery chinook and coho salmon for release into public waters to enable the broadest application of the marking program to all hatchery produced chinook and coho salmon. The department shall work with the treaty Indian tribes in order to reach mutual agreement on the implementation of the mass marking program. The ultimate goal of the program is the coast-wide marking of appropriate hatchery origin chinook and coho salmon, and the protection of all wild chinook and coho salmon, where appropriate.
[ 1999 c 372 § 15; 1998 c 250 § 2; 1995 c 372 § 2. Formerly RCW 75.08.510.]
NOTES:
Findings—Intent—1998 c 250: "The legislature finds that mass marking of hatchery-raised salmon is an effective tool for implementing selective salmon fisheries in this state. Mass marking of coho salmon is currently underway and holds great promise for maintaining both recreational and commercial fishing opportunities while protecting wild stocks. In view of the anticipated listing of Puget Sound chinook salmon as endangered under the federal endangered species act, the legislature finds that it is essential to expeditiously proceed with implementing a mass marking program for chinook salmon in Puget Sound and elsewhere in the state.
Through a cooperative effort by state and federal agencies and private enterprise, appropriate technologies have been developed for marking chinook salmon. It is the intent of the legislature to use these newly developed tools to implement chinook salmon mass marking beginning in April 1999." [ 1998 c 250 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.300 - Chinook and coho salmon—External marking of hatchery-produced fish—Rules.

RCW 77.95.300
Chinook and coho salmon—External marking of hatchery-produced fish—Rules.
The department shall adopt rules to control the mixed stock chinook and coho fisheries of the state so as to sustain healthy stocks of wild salmon, allow the maximum survival of wild salmon, allow for spatially separated fisheries that target on hatchery stocks, foster the best techniques for releasing wild chinook and coho salmon, and contribute to the economic viability of the fishing businesses of the state.
[ 1995 c 372 § 3. Formerly RCW 75.08.520.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.310 - Report identifying total salmon and steelhead harvest.

RCW 77.95.310
Report identifying total salmon and steelhead harvest.
(1) The department shall maintain a report identifying total salmon and steelhead harvest. This report shall include the final commercial harvests and recreational harvests. At a minimum, the report shall clearly identify:
(a) The total treaty tribal and nontribal harvests by species and by management unit;
(b) Where and why the nontribal harvest does not meet the full allocation allowed under United States v. Washington, 384 F. Supp. 312 (1974) (Boldt I) including a summary of the key policies within the management plan that result in a less than full nontribal allocation; and
(c) The location and quantity of salmon and steelhead harvested under the wastage provisions of United States v. Washington, 384 F. Supp. 312 (1974).
(2) Upon request, the department shall present the report required to be maintained under this section to the appropriate committees of the legislature.
[ 2009 c 333 § 30; 1997 c 414 § 1. Formerly RCW 75.08.530.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.330 - Powers and authorities conferred by chapter to be construed as in addition and supplemental.

RCW 77.95.330
Powers and authorities conferred by chapter to be construed as in addition and supplemental.
The powers and authority conferred by this chapter must be construed as in addition and supplemental to powers or authority conferred by any other law and nothing contained in this chapter may be construed as limiting any other powers or authority of the department.
[ 2009 c 340 § 3.]
NOTES:
Findings—2009 c 340: See note following RCW 77.95.320.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.95 - Salmon Enhancement Program. › 77.95.340 - Identification and removal of impediments to fish passage.

RCW 77.95.340
Identification and removal of impediments to fish passage.
The department may contract with cities and counties to assist in the identification and removal of impediments to fish passage.
[ 2014 c 120 § 6.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.010 - Legislative findings—Department to administer cooperative enhancement program.

RCW 77.100.010
Legislative findings—Department to administer cooperative enhancement program.
The fish and wildlife resources of the state benefit by the contribution of volunteer recreational and commercial fishing organizations, schools, and other volunteer groups in cooperative projects under agreement with the department. These projects provide educational opportunities, improve the communication between the natural resources agencies and the public, and increase the fish and game resources of the state. In an effort to increase these benefits and realize the full potential of cooperative projects, the department shall administer a cooperative fish and wildlife enhancement program and enter agreements with volunteer groups relating to the operation of cooperative projects.
[ 1993 sp.s. c 2 § 49; 1988 c 36 § 41; 1984 c 72 § 1. Formerly RCW 75.52.010.]
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 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.020 - Definitions.

RCW 77.100.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Volunteer group" means any person or group of persons interested in or party to an agreement with the department relating to a cooperative fish or wildlife project.
(2) "Cooperative project" means a project conducted by a volunteer group that will benefit the fish, shellfish, game bird, nongame wildlife, or game animal resources of the state and for which the benefits of the project, including fish and wildlife reared and released, are available to all citizens of the state. Indian tribes may elect to participate in cooperative fish and wildlife projects with the department.
[ 2000 c 107 § 111; 1993 sp.s. c 2 § 50; 1988 c 36 § 42; 1984 c 72 § 2. Formerly RCW 75.52.020.]
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 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.030 - Cooperative projects—Types.

RCW 77.100.030
Cooperative projects—Types.
The department shall encourage and support the development and operation of cooperative projects of the following types:
(1) Cooperative food fish and game fish rearing projects, including but not limited to egg planting, egg boxes, juvenile planting, pen rearing, pond rearing, raceway rearing, and egg taking;
(2) Cooperative fish habitat improvement projects, including but not limited to fish migration improvement, spawning bed rehabilitation, habitat restoration, reef construction, lake fertilization, pond construction, pollution abatement, and endangered stock protection;
(3) Cooperative fish or game research projects if the project is clearly of a research nature and if the results are readily available to the public;
(4) Cooperative game bird and game animal projects, including but not limited to habitat improvement and restoration, replanting and transplanting, nest box installation, pen rearing, game protection, and supplemental feeding;
(5) Cooperative nongame wildlife projects, including but not limited to habitat improvement and restoration, nest box installation, establishment of wildlife interpretive areas or facilities, pollution abatement, supplemental feeding, and endangered species preservation and enhancement; and
(6) Cooperative information and education projects, including but not limited to landowner relations, outdoor ethics, natural history of Washington's fish, shellfish, and wildlife, and outdoor survival.
[ 1984 c 72 § 3. Formerly RCW 75.52.030.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.040 - Cooperative projects—Sale of surplus salmon eggs and carcasses.

RCW 77.100.040
Cooperative projects—Sale of surplus salmon eggs and carcasses.
The department may authorize the sale of surplus salmon eggs and carcasses by permitted cooperative projects for the purposes of defraying the expenses of the cooperative project. In no instance shall the department allow a profit to be realized through such sales. The department shall adopt rules to implement this section pursuant to chapter 34.05 RCW.
[ 1993 sp.s. c 2 § 51; 1987 c 48 § 1. Formerly RCW 75.52.035.]
NOTES:
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Sale of surplus salmon eggs by department: RCW 77.95.210.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.050 - Duties of department.

RCW 77.100.050
Duties of department.
(1) The department shall:
(a) Encourage and support the establishment of cooperative agreements for the development and operation of cooperative food fish, shellfish, game fish, game bird, game animal, and nongame wildlife projects, and projects which provide an opportunity for volunteer groups to become involved in resource and habitat-oriented activities. All cooperative projects shall be fairly considered in the approval of cooperative agreements;
(b) Identify regions and species or activities that would be particularly suitable for cooperative projects providing benefits compatible with department goals;
(c) Determine the availability of rearing space at operating facilities or of net pens, egg boxes, portable rearing containers, incubators, and any other rearing facilities for use in cooperative projects, and allocate them to volunteer groups as fairly as possible;
(d) Make viable eggs available for replenishing fish runs, and salmon carcasses for nutrient enhancement of streams. If a regional fisheries enhancement group, lead entity, volunteer cooperative group, federally approved tribe in Washington, or a governmental hatchery in Washington, Oregon, or Idaho requests the department for viable eggs, the department must include the request within the brood stock document prepared for review by the regional offices. The eggs shall be distributed in accordance with the priority established in RCW 77.95.210 if they are available. A request for viable eggs may only be denied if the eggs would not be useful for propagation or salmon recovery purposes, as determined under RCW 77.95.210;
(e) Exempt volunteer groups from payment of fees to the department for activities related to the project;
(f) Publicize the cooperative program;
(g) Not substitute a new cooperative project for any part of the department's program unless mutually agreeable to the department and volunteer group;
(h) Not approve agreements that are incompatible with legally existing land, water, or property rights.
(2) The department may, when requested, provide to volunteer groups its available professional expertise and assist the volunteer group to evaluate its project. The department must conduct annual workshops in each administrative region of the department that has fish stocks listed as threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., in order to assist volunteer groups with egg rearing, share information on successful salmon recovery projects accomplished by volunteers within the state, and provide basic training on monitoring efforts that can be accomplished by volunteers in order to help determine if their efforts are successful.
[ 2001 c 337 § 3; 1987 c 505 § 73; 1984 c 72 § 4. Formerly RCW 75.52.040.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.070 - Agreements for cooperative projects—Duration.

RCW 77.100.070
Agreements for cooperative projects—Duration.
Agreements under this chapter may be for up to five years, with the department attempting to maximize the duration of each cooperative agreement. The duration of the agreement should reflect the financial and volunteer commitment and the stability of the volunteer group as well as the department's expectation of resource availability and project contributions to the resource.
[ 1984 c 72 § 6. Formerly RCW 75.52.060.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.080 - Duties of volunteer group.

RCW 77.100.080
Duties of volunteer group.
(1) The volunteer group shall:
(a) Provide care and diligence in conducting the cooperative project; and
(b) Maintain accurately the required records of the project on forms provided by the department.
(2) The volunteer group shall acknowledge that fish and game reared in cooperative projects are public property and must be handled and released for the benefit of all citizens of the state. The fish and game are to remain public property until reduced to private ownership under rules of the commission.
[ 2000 c 107 § 113; 1984 c 72 § 7. Formerly RCW 75.52.070.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.100 - Volunteer Fish and Wildlife Enhancement Program. › 77.100.090 - Application of chapter.

RCW 77.100.090
Application of chapter.
This chapter applies to cooperative projects which were in existence on June 7, 1984, or which require no further funding. Implementation of this chapter for new projects requiring funding shall be to the extent that funds are available from the aquatic land enhancement account.
[ 1984 c 72 § 8. Formerly RCW 75.52.080.]