reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.50 - Limitations on Certain Commercial Fisheries. › 77.50.060 - Unauthorized fishing vessels entering state waters.

RCW 77.50.060
Unauthorized fishing vessels entering state waters.
In order to protect the welfare of the citizens of the state of Washington by protecting the natural resources of the state from illegal fishing in state waters, commercial fishing vessels which are not authorized by law to fish for salmon in Washington state waters cannot enter Washington state waters unless all salmon fishing gear is stowed below deck or placed in a position so that it is not readily available for fishing.
[ 1987 c 262 § 1. Formerly RCW 75.12.155.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.50 - Limitations on Certain Commercial Fisheries. › 77.50.080 - Possession or transportation in Pacific Ocean of salmon taken by other than troll lines or angling gear.

RCW 77.50.080
Possession or transportation in Pacific Ocean of salmon taken by other than troll lines or angling gear.
Within the waters described in RCW 77.50.070, a person shall not transport or possess salmon on board a vessel carrying fishing gear of a type other than troll lines or angling gear, unless accompanied by a certificate issued by a state or country showing that the salmon have been lawfully taken within the territorial waters of the state or country.
[ 2000 c 107 § 13; 1998 c 190 § 81; 1983 1st ex.s. c 46 § 61; 1963 c 234 § 2; 1957 c 108 § 5. Formerly RCW 75.12.230.]
NOTES:
Preamble—1957 c 108: See note following RCW 77.50.070.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.50 - Limitations on Certain Commercial Fisheries. › 77.50.090 - Bottom trawling not authorized—Areas specified.

RCW 77.50.090
Bottom trawling not authorized—Areas specified.
The commission shall not authorize commercial bottom trawling for food fish and shellfish in all areas of Hood Canal south of a line projected from Tala Point to Foulweather Bluff and in Puget Sound south of a line projected from Foulweather Bluff to Double Bluff and including all marine waters east of Whidbey Island and Camano Island.
[ 1998 c 190 § 82; 1989 c 172 § 1. Formerly RCW 75.12.390.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.50 - Limitations on Certain Commercial Fisheries. › 77.50.100 - Hood Canal shrimp—Limitation on number of shrimp pots.

RCW 77.50.100
Hood Canal shrimp—Limitation on number of shrimp pots.
The commission shall not authorize any commercial fisher to use more than fifty shrimp pots while commercially fishing for shrimp in that portion of Hood Canal lying south of the Hood Canal floating bridge.
[ 1998 c 190 § 83; 1993 c 340 § 50; 1989 c 316 § 9; 1983 1st ex.s. c 31 § 2. Formerly RCW 75.12.440, 75.28.134.]
NOTES:
Finding, intent—Captions not law—Effective date—Severability—1993 c 340: See notes following RCW 77.65.010.
Effective date—1983 1st ex.s. c 31: "This act shall take effect January 1, 1984." [ 1983 1st ex.s. c 31 § 4.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.50 - Limitations on Certain Commercial Fisheries. › 77.50.110 - Commercial salmon fishing—Unauthorized gear.

RCW 77.50.110
Commercial salmon fishing—Unauthorized gear.
The commission shall not authorize angling gear or other personal use gear for commercial salmon fishing.
[ 1998 c 190 § 84; 1996 c 267 § 24; 1983 1st ex.s. c 46 § 69; 1969 ex.s. c 23 § 1. Formerly RCW 75.12.650.]
NOTES:
Intent—Effective date—1996 c 267: See notes following RCW 77.12.177.
Effective date—1969 ex.s. c 23: "The provisions of this act shall become effective January 1, 1970." [ 1969 ex.s. c 23 § 2.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.50 - Limitations on Certain Commercial Fisheries. › 77.50.120 - Maintaining consistent salmon harvest levels.

RCW 77.50.120
Maintaining consistent salmon harvest levels.
It is the intent of the legislature to ensure that a sustainable level of salmon is made available for harvest for commercial fishers in the state. Maintaining consistent harvest levels has become increasingly difficult with the listing of salmonid species under the federal endangered species act. Without a stable level of harvest, fishers cannot develop niche markets that maximize the economic value of the harvest. New tools and approaches are needed by fish managers to bring increased stability to the fishing industry.
In the short term, it is the legislature's intent to provide managers with tools to assure that commercial harvest of targeted stocks can continue and expand under the constraints of the federal endangered species act. There are experimental types of commercial fishing gear that could allow fishers to stabilize harvest levels by selectively targeting healthy salmon stocks.
For the longer term, the department of fish and wildlife shall proceed with changes to the operation of certain hatcheries in order to stabilize harvest levels by allowing naturally spawning and hatchery origin fish to be managed as a single run. Scientific information from such hatcheries would guide the department's approach to reducing the need to mass mark hatchery origin salmon where appropriate.
[ 2001 c 163 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.031 - Driving across established ford.

RCW 77.55.031
Driving across established ford.
The act of driving across an established ford is exempt from a permit. Driving across streams or on wetted streambeds at areas other than established fords requires a permit. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires a permit.
[ 2005 c 146 § 301.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.041 - Derelict fishing, crab, and other shellfish gear—Removal.

RCW 77.55.041
Derelict fishing, crab, and other shellfish gear—Removal.
(1) The removal of derelict fishing gear does not require a permit under this chapter if the gear is removed according to the guidelines described in RCW 77.12.865.
(2) The removal of crab and other shellfish gear does not require a permit under this chapter if the gear is removed under a permit issued pursuant to RCW 77.70.500.
[ 2010 c 193 § 10; 2005 c 146 § 302; 2002 c 20 § 4. Formerly RCW 77.55.330.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Finding—Purpose—2002 c 20: See note following RCW 77.12.865.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.051 - Spartina/purple loosestrife—Removal or control.

RCW 77.55.051
Spartina/purple loosestrife—Removal or control.
(1) An activity conducted solely for the removal or control of spartina does not require a permit.
(2) An activity conducted solely for the removal or control of purple loosestrife and which is performed with handheld tools, handheld equipment, or equipment carried by a person does not require a permit.
[ 2005 c 146 § 303.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.061 - Hazardous substance remedial actions—Procedural requirements not applicable.

RCW 77.55.061
Hazardous substance remedial actions—Procedural requirements not applicable.
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action under chapter 70A.305 RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70A.305.090.
[ 2020 c 20 § 1465; 1994 c 257 § 18. Formerly RCW 77.55.030, 75.20.025.]
NOTES:
Severability—1994 c 257: See note following RCW 36.70A.270.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.081 - Removal or control of aquatic noxious weeds—Rules—Pamphlet.

RCW 77.55.081
Removal or control of aquatic noxious weeds—Rules—Pamphlet.
(1) By June 30, 1997, the department shall develop rules for projects conducted solely for the removal or control of various aquatic noxious weeds other than spartina and purple loosestrife and for activities or hydraulic projects for controlling purple loosestrife not covered by RCW 77.55.051(2). Following the adoption of the rules, the department shall produce and distribute a pamphlet describing the methods of removing or controlling the aquatic noxious weeds that are approved under the rules. The pamphlet serves as the permit for any project that is conducted solely for the removal or control of such aquatic noxious weeds and that is conducted as described in the pamphlet. No further permit is required for such a project.
(2) From time to time as information becomes available, the department shall adopt similar rules for additional aquatic noxious weeds or additional activities for removing or controlling aquatic noxious weeds not governed by RCW 77.55.051 (1) and (2) and shall produce and distribute one or more pamphlets describing these methods of removal or control. Such a pamphlet serves as the permit for any project that is conducted solely for the removal or control of such aquatic noxious weeds and that is conducted as described in the pamphlet. No further permit is required for such a project.
(3) Nothing in this section shall prohibit the department from requiring a permit for those parts of hydraulic projects that are not specifically for the control or removal of spartina, purple loosestrife, or other aquatic noxious weeds.
[ 2005 c 146 § 401; 1995 c 255 § 4. Formerly RCW 77.55.150, 75.20.108.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—1995 c 255: See RCW 17.26.901.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.091 - Small scale prospecting and mining—Rules.

RCW 77.55.091
Small scale prospecting and mining—Rules.
(1) Small scale prospecting and mining shall not require a permit under this chapter if the prospecting is conducted in accordance with rules established by the department.
(2) By December 31, 1998, the department shall adopt rules applicable to small scale prospecting and mining activities subject to this section. The department shall develop the rules in cooperation with the recreational mining community and other interested parties.
(3) Within two months of adoption of the rules, the department shall distribute an updated gold and fish pamphlet that describes methods of mineral prospecting that are consistent with the department's rule. The pamphlet shall be written to clearly indicate the prospecting methods that require a permit under this chapter and the prospecting methods that require compliance with the pamphlet. To the extent possible, the department shall use the provisions of the gold and fish pamphlet to minimize the number of specific provisions of a written permit issued under this chapter.
[ 2005 c 146 § 402; 1997 c 415 § 2. Formerly RCW 77.55.270, 75.20.330.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Findings—1997 c 415: "The legislature finds that small scale prospecting and mining: (1) Is an important part of the heritage of the state; (2) provides economic benefits to the state; and (3) can be conducted in a manner that is beneficial to fish habitat and fish propagation. Now, therefore, the legislature declares that small scale prospecting and mining shall be regulated in the least burdensome manner that is consistent with the state's fish management objectives and the federal endangered species act." [ 1997 c 415 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.101 - Environmental excellence program agreements—Effect on chapter.

RCW 77.55.101
Environmental excellence program agreements—Effect on chapter.
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 § 25. Formerly RCW 77.55.020, 75.20.015.]
NOTES:
Purpose—1997 c 381: See RCW 43.21K.005.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.111 - Habitat incentives agreement.

RCW 77.55.111
Habitat incentives agreement.
When a private landowner is applying for a permit under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of natural resources as provided in RCW 77.55.121, the department shall comply with the terms of that agreement when evaluating the request for a permit.
[ 2005 c 146 § 403; 2001 c 253 § 54; 1997 c 425 § 4. Formerly RCW 77.55.280, 75.20.340.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Finding—Intent—1997 c 425: See note following RCW 77.55.121.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.131 - Dike vegetation management guidelines—Memorandum of agreement.

RCW 77.55.131
Dike vegetation management guidelines—Memorandum of agreement.
The department and the department of ecology will work cooperatively with the United States army corps of engineers to develop a memorandum of agreement outlining dike vegetation management guidelines so that dike owners are eligible for coverage under P.L. 84-99, and state requirements established pursuant to RCW 77.55.021 are met.
[ 2005 c 146 § 405; 2000 c 107 § 18; 1993 sp.s. c 2 § 34; 1991 c 322 § 19. Formerly RCW 77.55.130, 75.20.1041.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.151 - Permit issued to a marina or marine terminal for regular maintenance activities.

RCW 77.55.151
Permit issued to a marina or marine terminal for regular maintenance activities.
(1) Upon application under RCW 77.55.021, the department shall issue a renewable, five-year permit to a marina or marine terminal for its regular maintenance activities identified in the application.
(2) For the purposes of this section, regular maintenance activities may include, but are not limited to:
(a) Maintenance or repair of a boat ramp, launch, or float within the existing footprint;
(b) Maintenance or repair of an existing overwater structure within the existing footprint;
(c) Maintenance or repair of boat lifts or railway launches;
(d) Maintenance or repair of pilings, including the replacement of bumper pilings;
(e) Dredging of less than fifty cubic yards;
(f) Maintenance or repair of shoreline armoring or bank protection;
(g) Maintenance or repair of wetland, riparian, or estuarine habitat; and
(h) Maintenance or repair of an existing outfall.
(3) The five-year permit must include a requirement that a fourteen-day notice be given to the department before regular maintenance activities begin.
(4) A permit under this section is subject to the application fee provided in *RCW 77.55.321.
[ 2012 1st sp.s. c 1 § 105; 2005 c 146 § 502; 2002 c 368 § 7; 1996 c 192 § 2. Formerly RCW 77.55.220, 75.20.180.]
NOTES:
*Reviser's note: RCW 77.55.321 expired June 30, 2017.
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Finding—Intent—2002 c 368: See note following RCW 77.55.161.
Finding—Intent—1996 c 192: "The legislature finds that initial construction of a marina and some maintenance activities change the natural flow or bed of the salt or freshwater body in which the marina is constructed. Because of this disturbance, it is appropriate that plans for initial marina construction as well as some maintenance activities undergo the hydraulic project review and approval process established in chapter 75.20 RCW.
It is the intent of the legislature that after a marina has received a hydraulic project approval and been constructed, a renewable, five-year hydraulic project approval be issued, upon request, for regular maintenance activities within the marina." [ 1996 c 192 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.171 - Watershed restoration projects—Permit processing.

RCW 77.55.171
Watershed restoration projects—Permit processing.
A permit required by the department for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.
[ 2005 c 146 § 504; 1995 c 378 § 14. Formerly RCW 77.55.210, 75.20.170.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.191 - Columbia river anadromous fish sanctuary—Restrictions.

RCW 77.55.191
Columbia river anadromous fish sanctuary—Restrictions.
(1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and rivers and to protect them against undue industrial encroachment.
(2) Within the sanctuary area:
(a) The department shall not issue a permit to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as determined by the department.
(b) A person shall not divert water from rivers and streams in quantities that will reduce the respective streamflow below the annual average low flow, based upon data published in United States geological survey reports.
(3) The commission may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.
(4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.
[ 2005 c 146 § 506; 1998 c 190 § 89; 1995 1st sp.s. c 2 § 27 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 36; 1988 c 36 § 36; 1985 c 307 § 5; 1983 1st ex.s. c 46 § 76; 1961 c 4 § 1 (Initiative Measure No. 25, approved November 8, 1960). Formerly RCW 77.55.160, 75.20.110.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
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—1961 c 4: "If any section or provision or part thereof of this act shall be held unconstitutional or for any other reason invalid, the invalidity of such section, provision or part thereof shall not affect the validity of the remaining sections, provisions or parts thereof which are not judged to be invalid or unconstitutional." [ 1961 c 4 § 3 (Initiative Measure No. 25, approved November 8, 1960).]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.201 - Landscape management plan.

RCW 77.55.201
Landscape management plan.
A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2) shall serve as a permit for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.
[ 2005 c 146 § 507.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.211 - Informational brochure.

RCW 77.55.211
Informational brochure.
The department, the department of ecology, and the department of natural resources shall jointly develop an informational brochure that describes when permits and any other authorizations are required for flood damage prevention and reduction projects, and recommends ways to best proceed through the various regulatory permitting processes.
[ 2005 c 146 § 406; 1993 sp.s. c 2 § 28; 1991 c 322 § 21. Formerly RCW 77.55.010, 75.20.005.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.221 - Flood damage repair and reduction activities—Five-year maintenance permit agreements.

RCW 77.55.221
Flood damage repair and reduction activities—Five-year maintenance permit agreements.
The department shall, at the request of a county, develop five-year maintenance permit agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200, or other watershed plan approved by a county legislative authority, to allow for work on public and private property for bank stabilization, bridge repair, removal of sandbars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects.
[ 2005 c 146 § 508.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.241 - Off-site mitigation.

RCW 77.55.241
Off-site mitigation.
(1) The legislature finds that the construction of hydraulic projects may require mitigation for the protection of fish life, and that the mitigation may be most cost-effective and provide the most benefit to the fish resource if the mitigation is allowed to be applied in locations that are off-site of the hydraulic project location. The department may approve off-site mitigation plans that are submitted by permit applicants.
(2) If a permit applicant proposes off-site mitigation and the department does not approve the permit or conditions the permit in such a manner as to render off-site mitigation unpracticable, the project proponent may appeal the decision as provided in *RCW 77.55.021(4).
[ 2010 c 210 § 30; 2005 c 146 § 602; 1996 c 276 § 1. Formerly RCW 77.55.230, 75.20.190.]
NOTES:
*Reviser's note: RCW 77.55.021 was amended by 2012 1st sp.s. c 1 § 102, changing subsection (4) to subsection (8).
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Part headings not law—2005 c 146: See note following RCW 77.55.011.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.251 - Mitigation plan review.

RCW 77.55.251
Mitigation plan review.
When reviewing a mitigation plan under RCW 77.55.021, the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030.
[ 2005 c 146 § 603; 2000 c 107 § 15; 1997 c 424 § 6. Formerly RCW 77.55.090, 75.20.098.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.261 - Placement of woody debris as condition of permit.

RCW 77.55.261
Placement of woody debris as condition of permit.
Whenever the placement of woody debris is required as a condition of a permit issued under RCW 77.55.021, the department, upon request, shall invite comment regarding that placement from the local governmental authority, affected tribes, affected federal and state agencies, and the project applicant.
[ 2005 c 146 § 604; 2000 c 107 § 17; 1993 sp.s. c 2 § 33; 1991 c 322 § 18. Formerly RCW 77.55.120, 75.20.104.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.271 - Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required.

RCW 77.55.271
Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required.
The department shall not require mitigation for sediment dredging or capping actions that result in a cleaner aquatic environment and equal or better habitat functions and values, if the actions are taken under a state or federal cleanup action.
This chapter shall not be construed to require habitat mitigation for navigation and maintenance dredging of existing channels and berthing areas.
[ 1997 c 424 § 5. Formerly RCW 77.55.260, 75.20.325.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.281 - Fishways on certain agricultural drainage facilities.

RCW 77.55.281
Fishways on certain agricultural drainage facilities.
(1) The department may not require a fishway on a tide gate, flood gate, or other associated man-made agricultural drainage facilities as a condition of a permit if such a fishway was not originally installed as part of an agricultural drainage system existing on or before May 20, 2003.
(2) Any condition requiring a self-regulating tide gate to achieve fish passage in an existing permit under this chapter may not be enforced.
[ 2005 c 146 § 605.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.331 - Hydraulic project approval account.

RCW 77.55.331
Hydraulic project approval account.
(1) The hydraulic project approval account is created in the state treasury. All receipts from application fees for hydraulic project approval applications collected under *RCW 77.55.321 must be deposited into the account.
(2) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the hydraulic project approval account may be spent only after appropriation.
(3) Expenditures from the hydraulic project approval account may be used only to fund department activities relating to implementing and operating the hydraulic project approval program.
[ 2012 1st sp.s. c 1 § 104.]
NOTES:
*Reviser's note: RCW 77.55.321 expired June 30, 2017.
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.341 - Department to prepare and distribute information to the public.

RCW 77.55.341
Department to prepare and distribute information to the public.
The department shall prepare and distribute technical and educational information to the general public to assist the public in complying with the requirements of this chapter, including the changes resulting from chapter 1, Laws of 2012 1st sp. sess.
[ 2012 1st sp.s. c 1 § 107.]
NOTES:
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.351 - Department to develop system to provide access to hydraulic project approval applications.

RCW 77.55.351
Department to develop system to provide access to hydraulic project approval applications.
The department shall develop a system to provide local governments, affected tribes, and other interested parties with access to hydraulic project approval applications.
[ 2012 1st sp.s. c 1 § 108.]
NOTES:
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.361 - Limitations of chapter to a forest practices hydraulic project—Adoption of rules for concurrent review process—Department's duties regarding chapter 76.09 RCW.

RCW 77.55.361
Limitations of chapter to a forest practices hydraulic project—Adoption of rules for concurrent review process—Department's duties regarding chapter 76.09 RCW.
(1) The requirements of this chapter do not apply to any forest practices hydraulic project, or to any activities that are associated with such a project, upon incorporation of fish protection standards adopted under this chapter into the forest practices rules and approval of technical guidance as required under RCW 76.09.040, at which time these projects are regulated under chapter 76.09 RCW.
(2) The department must continue to conduct regulatory and enforcement activities under this chapter for forest practices hydraulic projects until the forest practices board incorporates fish protection standards adopted under this chapter into the forest practices rules and approves technical guidance as required under RCW 76.09.040.
(3) By December 31, 2013, the department shall adopt rules establishing the procedures for the concurrence review process consistent with RCW 76.09.490. The concurrence review process must allow the department up to thirty days to review forest practices hydraulic projects meeting the criteria under RCW 76.09.490(2) (a) and (b) for consistency with fish protection standards.
(4) The department shall notify the department of natural resources prior to beginning a rule-making process that may affect activities regulated under chapter 76.09 RCW.
(5) The department shall act consistent with appendix M of the forest and fish report, as the term "forests and fish report" is defined in RCW 76.09.020, when modifying fish protection rules that may affect activities regulated under chapter 76.09 RCW.
(6) The department may review and provide comments on any forest practices application. The department shall review, and either verify that the review has occurred or comment on, forest practices applications that include a forest practices hydraulic project involving fish bearing waters or shorelines of the state, as that term is defined in RCW 90.58.030. Prior to commenting and whenever reasonably practicable, the department shall communicate with the applicant regarding the substance of the project.
(7) The department shall participate in effectiveness monitoring for forest practices hydraulic projects through its role in the review processes provided under WAC 222-08-160 as it existed on July 10, 2012.
[ 2012 1st sp.s. c 1 § 201.]
NOTES:
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.371 - Memorandum of agreement to implement integration of hydraulic project approvals into forest practices applications—Interagency contract.

RCW 77.55.371
Memorandum of agreement to implement integration of hydraulic project approvals into forest practices applications—Interagency contract.
(1) The department and the department of natural resources shall enter into and maintain a memorandum of agreement between the two agencies that describes how to implement integration of hydraulic project approvals into forest practices applications consistent with chapter 1, Laws of 2012 1st sp. sess.
(2) The initial memorandum of agreement required under subsection (1) of this section between the two departments must be executed by December 31, 2012. The memorandum of agreement may be amended as agreed to by the two departments.
(3) The department and the department of natural resources shall enter into and maintain an interagency contract to ensure implementation of chapter 1, Laws of 2012 1st sp. sess. and the memorandum of agreement between the two agencies required under subsection (1) of this section. The contract must include funding provisions for the department's review of forest practices hydraulic projects.
[ 2012 1st sp.s. c 1 § 204.]
NOTES:
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.400 - Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination.

RCW 77.55.400
Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination.
(1) A person proposing construction or other work landward of the ordinary high water line that will use, divert, obstruct, or change the natural flow or bed of state waters shall submit a permit application to the department. However, if a person is unsure about whether the work requires a permit, they may request a preapplication determination from the department. The department must evaluate the proposed work and determine if the work is a hydraulic project and, if so, whether a permit from the department is required to ensure adequate protection of fish life.
(2) The preapplication determination request must be submitted through the department's online permitting system and must contain:
(a) A description of the proposed project;
(b) A map showing the location of the project site; and
(c) Preliminary plans and specifications of the proposed construction or work, if available.
(3) The department shall provide tribes and local governments a seven calendar day review and comment period. The department shall consider all applicable written comments received before issuing a determination.
(4) The department shall issue a written determination, including the rationale for the decision, within twenty-one calendar days of receiving the request.
(5) Determinations made according to the provisions of this section are not subject to the requirements of chapter 43.21C RCW.
[ 2019 c 290 § 4.]
NOTES:
Finding—Intent—2019 c 290: See note following RCW 77.12.085.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.410 - Violation of chapter.

RCW 77.55.410
Violation of chapter.
(1) When the department determines that a violation of this chapter, or of any of the rules that implement this chapter, has occurred or is about to occur, it shall first attempt to achieve voluntary compliance. The department shall offer information and technical assistance to the project proponent, identifying one or more means to accomplish the project proponent's purposes within the framework of the law. The department shall provide a reasonable timeline to achieve voluntary compliance that takes into consideration factors specific to the violation, such as the complexity of the hydraulic project, the actual or potential harm to fish life or fish habitat, and the environmental conditions at the time.
(2) If a person violates this chapter, or any of the rules that implement this chapter, or deviates from a permit, the department may issue a notice of correction in accordance with chapter 43.05 RCW, a notice of violation in accordance with chapter 43.05 RCW, a stop work order, a notice to comply, or a notice of civil penalty as authorized by law and subject to chapter 43.05 RCW and RCW 34.05.110.
(3) For purposes of this section, the term "project proponent" means a person who has applied for a hydraulic project approval, a person identified as an authorized agent on an application for a hydraulic project approval, a person who has obtained a hydraulic project approval, or a person who undertakes a hydraulic project without a hydraulic project approval.
(4) This section does not apply to a project, or to that portion of a project, that has received a forest practices hydraulic project permit from the department of natural resources pursuant to chapter 76.09 RCW.
[ 2019 c 290 § 5.]
NOTES:
Finding—Intent—2019 c 290: See note following RCW 77.12.085.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.450 - Administrative inspection warrant.

RCW 77.55.450
Administrative inspection warrant.
(1) The department may apply for an administrative inspection warrant in either Thurston county superior court or the superior court in the county in which the hydraulic project is located. The court may issue an administrative inspection warrant where:
(a) Department personnel need to inspect the hydraulic project site to ensure compliance with this chapter or with rules adopted to implement this chapter; or
(b) Department personnel have probable cause to believe that a violation of this chapter or of the rules that implement this chapter is occurring or has occurred.
(2) This section does not apply to a project, or to that portion of a project, that has received a forest practices hydraulic project permit from the department of natural resources pursuant to chapter 76.09 RCW.
[ 2019 c 290 § 9.]
NOTES:
Finding—Intent—2019 c 290: See note following RCW 77.12.085.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.460 - Disapproval of an application—Notice—Review.

RCW 77.55.460
Disapproval of an application—Notice—Review.
(1) The department may disapprove an application for hydraulic project approval submitted by a person who has failed to comply with a final order issued pursuant to RCW 77.55.420 or 77.55.430 or who has failed to pay civil penalties issued pursuant to RCW 77.55.440. Applications may be disapproved for up to one year from the issuance of a notice of intent to disapprove applications under this section, or until all outstanding civil penalties are paid and all outstanding notices to comply and stop work orders are complied with, whichever is longer.
(2) The department shall provide written notice of its intent to disapprove an application under this section to the applicant and to any authorized agent or landowner identified in the application.
(3) The disapproval period runs from thirty days following the date of actual notice of intent or when all administrative and judicial appeals, if any, have been exhausted.
(4) Any person provided the notice may seek review from the board by filing a request for review within thirty days of the date of the notice of intent to disapprove applications.
[ 2019 c 290 § 10.]
NOTES:
Finding—Intent—2019 c 290: See note following RCW 77.12.085.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.55 - Construction Projects in State Waters. › 77.55.470 - Remedies under chapter not exclusive.

RCW 77.55.470
Remedies under chapter not exclusive.
The remedies under this chapter are not exclusive and do not limit or abrogate any other civil or criminal penalty, remedy, or right available in law, equity, or statute.
[ 2019 c 290 § 11.]
NOTES:
Finding—Intent—2019 c 290: See note following RCW 77.12.085.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.57 - Fishways, Flow, and Screening. › 77.57.010 - Fish guards required on diversion devices—Penalties, remedies for failure.

RCW 77.57.010
Fish guards required on diversion devices—Penalties, remedies for failure.
(1) A diversion device used for conducting water from a lake, river, or stream for any purpose shall be equipped with a fish guard approved by the director to prevent the passage of fish into the diversion device. The fish guard shall be maintained at all times when water is taken into the diversion device. The fish guards shall be installed at places and times prescribed by the director upon thirty days' notice to the owner of the diversion device.
(2) Each day the diversion device is not equipped with an approved fish guard is a separate offense. If within thirty days after notice to equip a diversion device the owner fails to do so, the director may take possession of the diversion device and close the device until it is properly equipped. Expenses incurred by the department constitute the value of a lien upon the diversion device and upon the real and personal property of the owner. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the action is taken.
[ 2005 c 146 § 901; 1998 c 190 § 85; 1983 1st ex.s. c 46 § 70; 1955 c 12 § 75.20.040. Prior: 1949 c 112 § 45; Rem. Supp. 1949 § 5780-319. Formerly RCW 77.55.040, 75.20.040.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.57 - Fishways, Flow, and Screening. › 77.57.020 - Review of permit applications to divert or store water—Water flow policy.

RCW 77.57.020
Review of permit applications to divert or store water—Water flow policy.
It is the policy of this state that a flow of water sufficient to support game fish and food fish populations be maintained at all times in the streams of this state.
The director of ecology shall give the director notice of each application for a permit to divert or store water. The director has thirty days after receiving the notice to state his or her objections to the application. The permit shall not be issued until the thirty-day period has elapsed.
The director of ecology may refuse to issue a permit if, in the opinion of the director of ecology, issuing the permit might result in lowering the flow of water in a stream below the flow necessary to adequately support food fish and game fish populations in the stream.
The provisions of this section shall in no way affect existing water rights.
[ 2005 c 146 § 902; 1993 sp.s. c 2 § 29; 1988 c 36 § 32; 1986 c 173 § 7; 1983 1st ex.s. c 46 § 71; 1955 c 12 § 75.20.050. Prior: 1949 c 112 § 46; Rem. Supp. 1949 § 5780-320. Formerly RCW 77.55.050, 75.20.050.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
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 77.57 - Fishways, Flow, and Screening. › 77.57.030 - Fishways required in dams, obstructions—Penalties, remedies for failure.

RCW 77.57.030
Fishways required in dams, obstructions—Penalties, remedies for failure.
(1) Subject to subsection (3) of this section, a dam or other obstruction across or in a stream shall be provided with a durable and efficient fishway approved by the director. Plans and specifications shall be provided to the department prior to the director's approval. The fishway shall be maintained in an effective condition and continuously supplied with sufficient water to freely pass fish.
(2)(a) If a person fails to construct and maintain a fishway or to remove the dam or obstruction in a manner satisfactory to the director, then within thirty days after written notice to comply has been served upon the owner, his or her agent, or the person in charge, the director may construct a fishway or remove the dam or obstruction. Expenses incurred by the department constitute the value of a lien upon the dam and upon the personal property of the person owning the dam. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the dam or obstruction is situated. The lien may be foreclosed in an action brought in the name of the state.
(b) If, within thirty days after notice to construct a fishway or remove a dam or obstruction, the owner, his or her agent, or the person in charge fails to do so, the dam or obstruction is a public nuisance and the director may take possession of the dam or obstruction and destroy it. No liability shall attach for the destruction.
(3) For the purposes of this section, "other obstruction" does not include tide gates, flood gates, and associated man-made agricultural drainage facilities that were originally installed as part of an agricultural drainage system on or before May 20, 2003, or the repair, replacement, or improvement of such tide gates or flood gates.
[ 2005 c 146 § 903; 2003 c 391 § 1; 1998 c 190 § 86; 1983 1st ex.s. c 46 § 72; 1955 c 12 § 75.20.060. Prior: 1949 c 112 § 47; Rem. Supp. 1949 § 5780-321. Formerly RCW 77.55.060, 75.20.060.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Severability—2003 c 391: "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." [ 2003 c 391 § 8.]
Effective date—2003 c 391: "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 takes effect immediately [May 20, 2003]." [ 2003 c 391 § 9.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.57 - Fishways, Flow, and Screening. › 77.57.040 - Director may modify inadequate fishways and fish guards.

RCW 77.57.040
Director may modify inadequate fishways and fish guards.
If the director determines that a fishway or fish guard described in *RCW 77.55.040 and 77.55.060 and in existence on September 1, 1963, is inadequate, in addition to other authority granted in this chapter, the director may remove, relocate, reconstruct, or modify the device, without cost to the owner. The director shall not materially modify the amount of flow of water through the device. After the department has completed the improvements, the fishways and fish guards shall be operated and maintained at the expense of the owner in accordance with *RCW 77.55.040 and 77.55.060.
[ 2000 c 107 § 14; 1983 1st ex.s. c 46 § 73; 1963 c 153 § 1. Formerly RCW 77.55.070, 75.20.061.]
NOTES:
*Reviser's note: RCW 77.55.040 and 77.55.060 were recodified as RCW 77.57.010 and 77.57.030, respectively, pursuant to 2005 c 146 § 1002.
Director of fish and wildlife may modify, etc., inadequate fishways and protective devices: RCW 77.57.060.