reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.57 - Fishways, Flow, and Screening. › 77.57.050 - If fishway is impractical, fish hatchery or cultural facility may be provided in lieu.

RCW 77.57.050
If fishway is impractical, fish hatchery or cultural facility may be provided in lieu.
Before a person commences construction on a dam or other hydraulic project for which the director determines that a fishway is impractical, the person shall at the option of the director:
(1) Convey to the state a fish cultural facility on a site satisfactory to the director and constructed according to plans and specifications approved by the director, and enter into an agreement with the director secured by sufficient bond, to furnish water and electricity, without expense, and funds necessary to operate and maintain the facilities; or
(2) Enter into an agreement with the director secured by sufficient bond to make payments to the state as the director determines are necessary to expand, maintain, and operate additional facilities at existing hatcheries within a reasonable distance of the dam or other hydraulic work to compensate for the damages caused by the dam or other hydraulic work.
(3) A decision of the director under this section is subject to review in the superior court of the state for Thurston county. Each day that a person carries on construction work or operates a dam or hydraulic project without complying with this section is a separate offense.
[ 1983 1st ex.s. c 46 § 74; 1955 c 12 § 75.20.090. Prior: 1949 c 112 § 48; Rem. Supp. 1949 § 5780-322. Formerly RCW 77.55.080, 75.20.090.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.57 - Fishways, Flow, and Screening. › 77.57.060 - Director may modify inadequate fishways and protective devices.

RCW 77.57.060
Director may modify inadequate fishways and protective devices.
The director may authorize removal, relocation, reconstruction, or other modification of an inadequate fishway or fish protective device required by *RCW 77.55.320 which device was in existence on September 1, 1963, without cost to the owner for materials and labor. The modification may not materially alter the amount of water flowing through the fishway or fish protective device. Following modification, the fishway or fish protective device shall be maintained at the expense of the person or governmental agency owning the obstruction or water diversion device.
[ 2001 c 253 § 21; 1980 c 78 § 90; 1963 c 152 § 1. Formerly RCW 77.55.310, 77.12.425, 77.16.221.]
NOTES:
*Reviser's note: RCW 77.55.320 was recodified as RCW 77.57.070 pursuant to 2005 c 146 § 1002.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
Director of fish and wildlife may modify inadequate fishways and fish guards: RCW 77.57.040.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.57 - Fishways, Flow, and Screening. › 77.57.070 - Diversion of water—Screen, bypass required.

RCW 77.57.070
Diversion of water—Screen, bypass required.
(1) A person shall not divert water from a lake, river, or stream containing game fish unless the water diversion device is equipped at or near its intake with a fish guard or screen to prevent the passage of game fish into the device and, if necessary, with a means of returning game fish from immediately in front of the fish guard or screen to the waters of origin. A person who was, on June 11, 1947, otherwise lawfully diverting water from a lake, river, or stream shall not be deemed guilty of a violation of this section.
(2) Plans for the fish guard, screen, and bypass shall be approved by the director prior to construction. The installation shall be approved by the director prior to the diversion of water.
(3) The director or the director's designee may close a water diversion device operated in violation of this section and keep it closed until it is properly equipped with a fish guard, screen, or bypass.
[ 2005 c 146 § 904; 2001 c 253 § 48; 1998 c 190 § 122; 1980 c 78 § 89; 1955 c 36 § 77.16.220. Prior: 1947 c 275 § 61; Rem. Supp. 1947 § 5992-70. Formerly RCW 77.55.320, 77.16.220.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.57 - Fishways, Flow, and Screening. › 77.57.080 - Operation and maintenance of fish collection facility on Toutle river.

RCW 77.57.080
Operation and maintenance of fish collection facility on Toutle river.
The legislature recognizes the need to mitigate the effects of sedimentary build-up and resultant damage to fish population in the Toutle river resulting from the Mt. St. Helens eruption. The state has entered into a contractual agreement with the United States army corps of engineers designed to minimize fish habitat disruption created by the sediment retention structure on the Toutle river, under which the corps has agreed to construct a fish collection facility at the sediment retention structure site conditional upon the state assuming the maintenance and operation costs of the facility. The department shall operate and maintain a fish collection facility on the Toutle river.
[ 1993 sp.s. c 2 § 39; 1988 c 36 § 39; 1987 c 506 § 101. Formerly RCW 77.55.240, 75.20.310.]
NOTES:
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.60 - Shellfish. › 77.60.010 - State oyster reserves established.

RCW 77.60.010
State oyster reserves established.
The following areas are the state oyster reserves and are more completely described in maps and plats on file in the office of the commissioner of public lands and in the office of the auditor of the county in which the reserve is located:
1. Puget Sound Oyster Reserves:
(a) Totten Inlet reserves (sometimes known as Oyster Bay reserves), located in Totten Inlet, Thurston county;
(b) Eld Inlet reserves (sometimes known as Mud Bay reserves), located in Mud Bay, Thurston county;
(c) Oakland Bay reserves, located in Oakland Bay, Mason county;
(d) North Bay reserves (sometimes known as Case Inlet reserves), located in Case Inlet, Mason county.
2. Willapa Harbor Oyster Reserves:
(a) Nemah reserve, south and west sides of reserve located along Nemah River channel, Pacific county;
(b) Long Island reserve, located at south end and along west side of Long Island, Willapa Harbor, Pacific county;
(c) Long Island Slough reserve, located at south end and along east side of Long Island, Willapa Harbor, Pacific county;
(d) Bay Center reserve, located in the Palix River channel, extending from Palix River bridge to beyond Bay Center to north of Goose Point, Willapa Harbor, Pacific county;
(e) Willapa River reserve, located in the Willapa River channel extending west and up-river from a point approximately one-quarter mile from the blinker light marking the division of Willapa River channel and the North River channel, Willapa Harbor, Pacific county.
[ 1983 1st ex.s. c 46 § 78; 1955 c 12 § 75.24.010. Prior: 1949 c 112 § 54; Rem. Supp. 1949 § 5780-01. Formerly RCW 75.24.010.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.60 - Shellfish. › 77.60.020 - Sale or lease of state oyster reserves.

RCW 77.60.020
Sale or lease of state oyster reserves.
Only upon recommendation of the commission may the state oyster reserves be sold, leased, or otherwise disposed of by the department of natural resources.
[ 1995 1st sp.s. c 2 § 28 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 79; 1955 c 12 § 75.24.030. Prior: 1949 c 112 § 55; Rem. Supp. 1949 § 5780-402. Formerly RCW 75.24.030.]
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 77.60 - Shellfish. › 77.60.030 - State oyster reserves management policy—Personal use harvesting—Inventory—Management categories—Cultch permits.

RCW 77.60.030
State oyster reserves management policy—Personal use harvesting—Inventory—Management categories—Cultch permits.
It is the policy of the state to improve state oyster reserves so that they are productive and yield a revenue sufficient for their maintenance. In fixing the price of oysters and other shellfish sold from the reserves, the director shall take into consideration this policy. It is also the policy of the state to maintain the oyster reserves to furnish shellfish to growers and processors and to stock public beaches.
Shellfish may be harvested from state oyster reserves for personal use as prescribed by rule of the director.
The director shall periodically inventory the state oyster reserves and assign the reserve lands into management categories:
(1) Native Olympia oyster broodstock reserves;
(2) Commercial shellfish harvesting zones;
(3) Commercial shellfish propagation zones designated for long-term leasing to private aquaculturists;
(4) Public recreational shellfish harvesting zones;
(5) Unproductive land.
The director shall manage each category of oyster reserve land to maximize the sustained yield production of shellfish consistent with the purpose for establishment of each management category.
The commission shall develop an oyster reserve management plan, to include recommendations for leasing reserve lands, in coordination with the shellfish industry, by January 1, 1986.
The director shall protect, reseed, improve the habitat of, and replant state oyster reserves. The director shall also issue cultch permits and oyster reserve fishery licenses.
[ 2000 c 107 § 22; 1998 c 245 § 152; 1985 c 256 § 1; 1983 1st ex.s. c 46 § 81; 1969 ex.s. c 91 § 1; 1955 c 12 § 75.24.060. Prior: 1949 c 112 § 56; Rem. Supp. 1949 § 5780-403. Formerly RCW 75.24.060.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.60 - Shellfish. › 77.60.040 - Olympia oysters—Cultivation on reserves in Puget Sound.

RCW 77.60.040
Olympia oysters—Cultivation on reserves in Puget Sound.
The legislature finds that current environmental and economic conditions warrant a renewal of the state's historical practice of actively cultivating and managing its oyster reserves in Puget Sound to produce the state's native oyster, the Olympia oyster. The director shall reestablish dike cultivated production of Olympia oysters on such reserves on a trial basis as a tool for planning more comprehensive cultivation by the state.
[ 2000 c 107 § 23; 1993 sp.s. c 2 § 40; 1985 c 256 § 2. Formerly RCW 75.24.065.]
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 77.60 - Shellfish. › 77.60.050 - Sale of shellfish from state oyster reserves.

RCW 77.60.050
Sale of shellfish from state oyster reserves.
The director shall determine the time, place, and method of sale of oysters and other shellfish from state oyster reserves. Any person who commercially takes shellfish from state oyster reserves must possess an oyster reserve fishery license issued by the director pursuant to RCW 77.65.260. Any person engaged in the commercial cultching of oysters on state oyster reserves must possess an oyster cultch permit issued by the director pursuant to RCW 77.65.270.
To maintain local communities and industries and to restrain the formation of monopolies in the industry, the director shall determine the number of bushels which shall be sold to a person. When the shellfish are sold at public auction, the director may reject any and all bids.
[ 2000 c 107 § 24; 1983 1st ex.s. c 46 § 82; 1955 c 12 § 75.24.070. Prior: 1949 c 112 § 57; Rem. Supp. 1949 § 5780-404. Formerly RCW 75.24.070.]
NOTES:
Oyster reserve fishery license: RCW 77.65.260.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.60 - Shellfish. › 77.60.060 - Restricted shellfish areas—Infestations—Permit.

RCW 77.60.060
Restricted shellfish areas—Infestations—Permit.
The director may designate as "restricted shellfish areas" those areas in which infection or infestation of shellfish is present. A permit issued by the director is required to transplant or transport into or out of a restricted area shellfish or equipment used in culturing, taking, handling, or processing shellfish.
[ 1998 c 190 § 90; 1983 1st ex.s. c 46 § 83; 1955 c 12 § 75.24.080. Prior: 1949 c 112 § 59; Rem. Supp. 1949 § 5780-406. Formerly RCW 75.24.080.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.60 - Shellfish. › 77.60.070 - Geoduck clams, commercial harvesting—Unauthorized acts—Gear requirements.

RCW 77.60.070
Geoduck clams, commercial harvesting—Unauthorized acts—Gear requirements.
(1) The director may not authorize a person to take geoduck clams for commercial purposes outside the harvest area designated in a current department of natural resources geoduck harvesting agreement issued under RCW 79.135.210. The director may not authorize commercial harvest of geoduck clams from bottoms that are shallower than eighteen feet below mean lower low water (0.0. ft.). Vessels conducting harvest operations must remain seaward of a line two hundred yards seaward from and parallel to the line of ordinary high tide. This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.
(2) Commercial geoduck harvesting shall be done with a handheld, manually operated water jet or suction device guided and controlled from under water by a diver. Periodically, the director shall determine the effect of each type or unit of gear upon the geoduck population or the substrate they inhabit. The director may require modification of the gear or stop its use if it is being operated in a wasteful or destructive manner or if its operation may cause permanent damage to the bottom or adjacent shellfish populations.
[ 2006 c 144 § 1; 2000 c 107 § 25; 1998 c 190 § 91; 1995 1st sp.s. c 2 § 29 (Referendum Bill No. 45, approved November 7, 1995); 1993 c 340 § 51; 1984 c 80 § 2. Prior: 1983 1st ex.s. c 46 § 85; 1983 c 3 § 193; 1979 ex.s. c 141 § 1; 1969 ex.s. c 253 § 1. Formerly RCW 75.24.100.]
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.
Finding, intent—Captions not law—Effective date—Severability—1993 c 340: See notes following RCW 77.65.010.
Liberal construction—1969 ex.s. c 253: "The provisions of this act shall be liberally construed." [ 1969 ex.s. c 253 § 5.]
Severability—1969 ex.s. c 253: "If any provisions of this 1969 amendatory 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." [ 1969 ex.s. c 253 § 6.]
Designation of aquatic lands for geoduck harvesting: RCW 79.135.220.
Diver license for harvesting geoducks: RCW 77.65.410.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.60 - Shellfish. › 77.60.080 - Imported oyster seed—Permit and inspection required.

RCW 77.60.080
Imported oyster seed—Permit and inspection required.
The department may not authorize a person to import oysters or oyster seed into this state for the purpose of planting them in state waters without a permit from the director. The director shall issue a permit only after an adequate inspection has been made and the oysters or oyster seed are found to be free of disease, pests, and other substances which might endanger oysters in state waters.
[ 1998 c 190 § 92; 1983 1st ex.s. c 46 § 87; 1955 c 12 § 75.08.054. Prior: 1951 c 271 § 42. Formerly RCW 75.24.110, 75.08.054.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.60 - Shellfish. › 77.60.090 - Imported oyster seed—Inspection—Costs.

RCW 77.60.090
Imported oyster seed—Inspection—Costs.
The director may require imported oyster seed to be inspected for diseases and pests. The director may specify the place of inspection. Persons importing oyster seed shall pay for the inspection costs excluding the inspector's salary. The cost shall be determined by the director and prorated among the importers according to the number of cases of oyster seeds each imports. The director shall specify the time and manner of payment.
[ 1983 1st ex.s. c 46 § 88; 1967 ex.s. c 38 § 1; 1955 c 12 § 75.08.056. Prior: 1951 c 271 § 43. Formerly RCW 75.24.120, 75.08.056.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.60 - Shellfish. › 77.60.100 - Establishment of reserves on state shellfish lands.

RCW 77.60.100
Establishment of reserves on state shellfish lands.
The commission may examine the clam, mussel, and oyster beds located on aquatic lands belonging to the state and request the commissioner of public lands to withdraw these lands from sale and lease for the purpose of establishing reserves or public beaches. The director shall conserve, protect, and develop these reserves and the oyster, shrimp, clam, and mussel beds on state lands.
[ 2000 c 107 § 26; 1995 1st sp.s. c 2 § 30 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 89; 1955 c 12 § 75.08.060. Prior: 1949 c 112 § 7(5); Rem. Supp. 1949 § 5780-206(5). Formerly RCW 75.24.130, 75.08.060.]
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 77.60 - Shellfish. › 77.60.150 - Oyster reserve land—Pilot project—Advisory committee—Lease administration.

RCW 77.60.150
Oyster reserve land—Pilot project—Advisory committee—Lease administration.
(1) The department shall initiate a pilot project to evaluate the feasibility and potential of intensively culturing shellfish on currently nonproductive oyster reserve land in Puget Sound. The pilot program shall include no fewer than three long-term lease agreements with commercial shellfish growers. Except as provided in subsection (3) of this section, revenues from the lease of such lands shall be deposited in the oyster reserve land account created in RCW 77.60.160.
(2) The department shall form one advisory committee each for the Willapa Bay oyster reserve lands and the Puget Sound oyster reserve lands. The advisory committees shall make recommendations on management practices to conserve, protect, and develop oyster reserve lands. The advisory committees may make recommendations regarding the management practices on oyster reserve lands, in particular to ensure that they are managed in a manner that will: (a) Increase revenue through production of high-value shellfish; (b) not be detrimental to the market for shellfish grown on nonreserve lands; and (c) avoid negative impacts to existing shellfish populations. The advisory committees may also make recommendation on the distribution of funds in RCW 77.60.160(2)(a). The department shall attempt to structure each advisory committee to include equal representation between shellfish growers that participate in reserve sales and shellfish growers that do not.
(3) The department of natural resources, in consultation with the department of fish and wildlife, shall administer the leases for oyster reserves entered into under this chapter. In administering the leases, the department of natural resources shall exercise its authority under RCW 79.135.300. Vacation of state oyster reserves by the department shall not be a requirement for the department of natural resources to lease any oyster reserves under this section. The department of natural resources may recover reasonable costs directly associated with the administration of the leases for oyster reserves entered into under this chapter. All administrative fees collected by the department of natural resources pursuant to this section shall be deposited into the resource management cost account established in RCW 79.64.020. The department may not assess charges to recover the costs of consulting with the department of natural resources under this subsection.
(4) The Puget Sound pilot program shall not include the culture of geoduck.
[ 2009 c 333 § 23; 2001 c 273 § 1.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.60 - Shellfish. › 77.60.160 - Oyster reserve land account.

RCW 77.60.160
Oyster reserve land account.
(1) The oyster reserve land account is created in the state treasury. All receipts from revenues from the lease of land or sale of shellfish from oyster reserve lands must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only as provided in this section.
(2) Funds in the account shall be used for the purposes provided for in this subsection:
(a) Up to forty percent for:
(i) The management expenses incurred by the department that are directly attributable to the management of the oyster reserve lands; and
(ii) The expenses associated with new bivalve shellfish research and development activities at the Pt. Whitney and Nahcotta shellfish laboratories managed by the department. As used in this subsection, "new research and development activities" includes an emphasis on the control of aquatic nuisance species and burrowing shrimp. New research and development activities must be identified by the department and the appropriate oyster reserve advisory committee;
(b) Up to ten percent may be deposited into the state general fund; and
(c) Except as provided in subsection (3) of this section, all remaining funds in the account shall be used for the shellfish—on-site sewage grant program established in RCW 77.60.170.
(3)(a) No later than January 1st of each year, the department shall transfer up to fifty percent of the annual revenues generated in the preceding year from the Willapa harbor oyster reserve to the on-site sewage grant program established under RCW 77.60.170 as necessary to achieve a fund balance of one hundred thousand dollars.
(b) All remaining revenues received from the Willapa harbor oyster reserve shall be used to fund research activities as specified in subsection (2)(a) of this section.
[ 2008 c 202 § 2; 2007 c 341 § 44; 2001 c 273 § 2.]
NOTES:
Effective date—2007 c 341: See RCW 90.71.907.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.60 - Shellfish. › 77.60.170 - Shellfish—On-site sewage grant program—Priority areas—Memorandum of understanding.

RCW 77.60.170
Shellfish—On-site sewage grant program—Priority areas—Memorandum of understanding.
(1)(a) The department shall transfer the funds required by RCW 77.60.160 to the appropriate local governments. Pacific and Grays Harbor counties and Puget Sound shall manage their established shellfish—on-site sewage grant program. The local governments, in consultation with the department of health, shall use the provided funds as grants or loans to individuals for repairing or improving their on-site sewage systems. The grants or loans may be provided only in areas that have the potential to adversely affect water quality in commercial and recreational shellfish growing areas.
(b) A recipient of a grant or loan shall enter into an agreement with the appropriate local government to maintain the improved on-site sewage system according to specifications required by the local government.
(c) The department shall work closely with local governments and it shall be the goal of the department to attain geographic equity between Grays Harbor, Willapa Bay, and Puget Sound when making funds available under this program.
(d) For the purposes of this subsection, "geographic equity" means issuing on-site sewage grants or loans at a level that matches the funds generated from the oyster reserve lands in that area.
(2) In Puget Sound, the local governments shall give first priority to areas that are:
(a) Identified as "areas of special concern" under *WAC 246-272-01001;
(b) Included within a shellfish protection district under chapter 90.72 RCW; or
(c) Identified as a marine recovery area under chapter 70A.110 RCW.
(3) In Grays Harbor and Pacific counties, the local governments shall give first priority to preventing the deterioration of water quality in areas where commercial or recreational shellfish are grown.
(4) The department and each participating local government shall enter into a memorandum of understanding that will establish an applicant income eligibility requirement for individual grant applicants from within the jurisdiction and other mutually agreeable terms and conditions of the grant program.
(5) For the 2007-2009 biennium, from the funds received under this section, Pacific county shall transfer up to two hundred thousand dollars to the department. Upon receiving the funds from Pacific county, the department and the appropriate oyster reserve advisory committee under RCW 77.60.160 shall identify and execute specific research projects with those funds.
[ 2021 c 65 § 82; 2008 c 202 § 1; 2007 c 341 § 43; 2001 c 273 § 3. Formerly RCW 70.118.140, 90.71.100.]
NOTES:
*Reviser's note: WAC 246-272-01001 was repealed effective July 1, 2007. The term "areas of special concern" is defined in WAC 246-272B-01001.
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—2007 c 341: See RCW 90.71.907.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.030 - Commercial licenses and permits—Application deadline—Exception.

RCW 77.65.030
Commercial licenses and permits—Application deadline—Exception.
The application deadline for a commercial license or permit established in this chapter is December 31st of the calendar year for which the license or permit is sought. The department shall accept no license or permit applications after December 31st of the calendar year for which the license or permit is sought. The application deadline in this section does not apply to a license or permit that has not been renewed because of the death or incapacity of the license or permit holder. The license or permit holder's surviving spouse, estate, estate beneficiary, attorney-in-fact, or guardian must be given an additional one hundred eighty days to renew the license or permit.
[ 2003 c 386 § 5; 2001 c 244 § 2; 1993 c 340 § 3; 1986 c 198 § 8; 1983 1st ex.s. c 46 § 103; 1981 c 201 § 1; 1965 ex.s. c 57 § 1; 1959 c 309 § 4; 1957 c 171 § 3. Formerly RCW 75.28.014.]
NOTES:
Effective date—2003 c 386 § 5: "Section 5 of 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 386 § 6.]
Findings—Intent—2003 c 386: See note following RCW 77.15.700.
Finding, intent—Captions not law—Effective date—Severability—1993 c 340: See notes following RCW 77.65.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.040 - Commercial licenses—Qualifications—Limited-entry license—Nonsalmon delivery license.

RCW 77.65.040
Commercial licenses—Qualifications—Limited-entry license—Nonsalmon delivery license.
(1) Except as otherwise provided in this title, a person may hold a commercial license established by this chapter.
(2) Except as otherwise provided in this title, an individual may hold a commercial license only if the individual is sixteen years of age or older and a bona fide resident of the United States.
(3) A corporation may hold a commercial license only if it is authorized to do business in this state.
(4) No person may hold a limited-entry license unless the person meets the qualifications that this title establishes for the license.
(5) The residency requirements in subsection (2) of this section do not apply to holders of nonsalmon delivery licenses.
[ 2000 c 107 § 29; 1994 c 244 § 1; 1993 c 340 § 4; 1989 c 47 § 1; 1983 1st ex.s. c 46 § 104; 1963 c 171 § 1; 1955 c 12 § 75.28.020. Prior: 1953 c 207 § 9; 1949 c 112 § 63; Rem. Supp. 1949 § 5780-501. Formerly RCW 75.28.020.]
NOTES:
Finding, intent—Captions not law—Effective date—Severability—1993 c 340: See notes following RCW 77.65.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.050 - Application for commercial licenses and permits—Replacement.

RCW 77.65.050
Application for commercial licenses and permits—Replacement.
(1) Except as otherwise provided in this title, the director shall issue commercial licenses and permits to a qualified person upon receiving a completed application accompanied by the required fee.
(2) An application submitted to the department under this chapter shall contain the name and address of the applicant and any other information required by the department or this title. An applicant for a commercial fishery license or delivery license may designate a vessel to be used with the license. An applicant for a commercial fishery license or delivery license may also designate up to two alternate operators.
(3) An application submitted to the department under this chapter shall contain the applicant's declaration under penalty of perjury that the information on the application is true and correct.
(4) Upon issuing a commercial license under this chapter, the director shall assign the license a unique number that the license shall retain upon renewal. The department shall use the number to record any commercial catch under the license. This does not preclude the department from using other, additional, catch record methods.
(5) The fee to replace a license that has been lost or destroyed is twenty dollars.
[ 1998 c 267 § 1; 1993 sp.s. c 17 § 44; (1993 c 340 § 5 repealed by 1993 sp.s. c 17 § 47); 1983 1st ex.s. c 46 § 105; 1959 c 309 § 7; 1955 c 12 § 75.28.030. Prior: 1953 c 207 § 2; 1949 c 112 § 65; Rem. Supp. 1949 § 5780-503. Formerly RCW 75.28.030.]
NOTES:
Effective date—1998 c 267: "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 [April 1, 1998]." [ 1998 c 267 § 5.]
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.060 - No commercial fishery during year—License requirement waived or license fees refunded.

RCW 77.65.060
No commercial fishery during year—License requirement waived or license fees refunded.
If, for any reason, the department does not allow any opportunity for a commercial fishery during a calendar year, the director shall either: (1) Waive the requirement to obtain a license for that commercial fishery for that year; or (2) refund applicable license fees upon return of the license.
[ 2000 c 107 § 30; 1995 c 227 § 1. Formerly RCW 75.28.034.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.070 - Licensees subject to statute and rules—Expiration and renewal of licenses.

RCW 77.65.070
Licensees subject to statute and rules—Expiration and renewal of licenses.
(1) A commercial license issued under this chapter permits the license holder to engage in the activity for which the license is issued in accordance with this title and the rules of the department.
(2) Unless otherwise provided in this title or rules of the department, commercial licenses and permits issued under this chapter expire at midnight on December 31st of the calendar year for which they are issued. In accordance with this title, licenses may be renewed annually upon application and payment of the prescribed license fees. In accordance with RCW 77.65.030, the department must provide a license or permit holder's surviving spouse, estate, or estate beneficiary a reasonable opportunity to renew the license or permit.
[ 2019 c 200 § 1; 2001 c 244 § 3; 1996 c 267 § 27; 1993 c 340 § 6; 1983 1st ex.s. c 46 § 108; 1955 c 212 § 2; 1955 c 12 § 75.28.040. Prior: 1949 c 112 § 64; Rem. Supp. 1949 § 5780-502. Formerly RCW 75.28.040.]
NOTES:
Intent—Effective date—1996 c 267: See notes following RCW 77.12.177.
Finding, intent—Captions not law—Effective date—Severability—1993 c 340: See notes following RCW 77.65.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.080 - License suspension—Noncompliance with support order—Reissuance.

RCW 77.65.080
License suspension—Noncompliance with support order—Reissuance.
(1) The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order.
(2) A listing on the department of licensing's database that an individual's license is currently suspended pursuant to RCW 46.20.291(8) shall be prima facie evidence that the individual is in noncompliance with a support order. Presentation of a written release issued by the department of social and health services or a court stating that the person is in compliance with an order shall serve as proof of compliance.
[ 2000 c 107 § 31; 1997 c 58 § 882. Formerly RCW 75.28.042.]
NOTES:
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.090 - Vessel substitution—Fees.

RCW 77.65.090
Vessel substitution—Fees.
This section applies to all commercial fishery licenses, delivery licenses, and charter licenses, except for emergency salmon delivery licenses.
(1) The holder of a license subject to this section may substitute the vessel designated on the license or designate a vessel if none has previously been designated if the license holder:
(a) Surrenders the previously issued license to the department;
(b) Submits to the department an application that identifies the currently designated vessel, the vessel proposed to be designated, and any other information required by the department; and
(c) Pays to the department a fee of thirty-five dollars and an application fee of one hundred five dollars.
(2) Unless the license holder owns all vessels identified on the application described in subsection (1)(b) of this section or unless the vessel is designated on a Dungeness crab-coastal fishery license, the following restrictions apply to changes in vessel designation:
(a) The department shall change the vessel designation on the license no more than four times per calendar year.
(b) The department shall change the vessel designation on the license no more than once in any seven-day period.
[ 2017 3rd sp.s. c 8 § 18; 2011 c 339 § 16; 1994 c 260 § 11; 1993 sp.s. c 17 § 45. Formerly RCW 75.28.044.]
NOTES:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Effective date—2011 c 339: See note following RCW 43.84.092.
Finding—Severability—1994 c 260: See notes following RCW 77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280.
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.100 - Vessel designation.

RCW 77.65.100
Vessel designation.
(1) This section applies to all commercial fishery licenses, delivery licenses, and charter licenses.
(2) An applicant for a license subject to this section may designate a vessel to be used with the license. Except for emergency salmon delivery licenses, the director may issue a license regardless of whether the applicant designates a vessel. An applicant may designate no more than one vessel on a license subject to this section.
(3) A license for a fishery that requires a vessel authorizes no taking or delivery of food fish or shellfish unless a vessel is designated on the license. A delivery license authorizes no delivery of food fish or shellfish unless a vessel is designated on the license.
(4) No vessel may be designated on more than one commercial fishery license unless the licenses are for different fisheries, except:
(a) The same vessel may be designated on two of the following licenses, provided the licenses are owned by the same licensee:
(i) Shrimp pot-Puget Sound fishery license;
(ii) Sea cucumber dive fishery license; and
(iii) Sea urchin dive fishery license.
(b) Subject to the provisions of RCW 77.65.130, the same vessel may be designated on three Puget Sound Dungeness crab fishery licenses issued pursuant to RCW 77.70.110.
(5) No vessel may be designated on more than one delivery license, on more than one salmon charter license, or on more than one nonsalmon charter license.
[ 2013 c 288 § 1; 2005 c 82 § 1; 2001 c 105 § 3; 1998 c 190 § 94; 1993 c 340 § 7. Formerly RCW 75.28.045.]
NOTES:
Finding, intent—Captions not law—Effective date—Severability—1993 c 340: See notes following RCW 77.65.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.110 - Alternate operator designation—Fees.

RCW 77.65.110
Alternate operator designation—Fees.
This section applies to all commercial fishery licenses and delivery licenses.
(1) A person designated as an alternate operator must possess an alternate operator license issued under RCW 77.65.130, and be designated on the fishery license prior to engaging in the activities authorized by the license. The holder of the commercial fishery license or delivery license may designate up to two alternate operators for the license, except:
(a) Whiting—Puget Sound fishery licensees may not designate alternate operators;
(b) Emergency salmon delivery licensees may not designate alternate operators;
(c) Shrimp pot-Puget Sound fishery licensees may designate no more than one alternate operator at a time; and
(d) Shrimp trawl-Puget Sound fishery licensees may designate no more than one alternate operator at a time.
(2) The fee to change the alternate operator designation is twenty-two dollars in addition to the application fee of one hundred five dollars.
(3) An alternate operator license is not required for an individual to operate a vessel designated as a charter boat under a charter boat license.
[ 2017 3rd sp.s. c 8 § 19; 2011 c 339 § 17; 2001 c 105 § 4; 2000 c 107 § 32; 1998 c 267 § 2; 1994 c 260 § 12; 1993 c 340 § 9. Formerly RCW 75.28.046.]
NOTES:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Effective date—2011 c 339: See note following RCW 43.84.092.
Effective date—1998 c 267: See note following RCW 77.65.050.
Finding—Severability—1994 c 260: See notes following RCW 77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280.
Finding, intent—Captions not law—Effective date—Severability—1993 c 340: See notes following RCW 77.65.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.120 - Sale or delivery of fish or shellfish by fishery license holder and alternate operators—Conditions—License with a limited fish seller endorsement.

RCW 77.65.120
Sale or delivery of fish or shellfish by fishery license holder and alternate operators—Conditions—License with a limited fish seller endorsement.
(1) Only the fishery license holder and any alternate operators designated on the license may sell or deliver fish or shellfish under a commercial fishery license or delivery license. A commercial fishery license or delivery license authorizes no taking or delivery of fish or shellfish unless the license holder or an alternate operator designated on the license is present or aboard the vessel.
(2) Only the fishery license holder and any alternate operator designated on a license with a limited fish seller endorsement under RCW 77.65.510 may sell the licensee's commercially harvested catch directly to consumers at retail.
[ 2017 3rd sp.s. c 8 § 20; 2000 c 107 § 33; 1998 c 267 § 3; 1993 c 340 § 10. Formerly RCW 75.28.047.]
NOTES:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Effective date—1998 c 267: See note following RCW 77.65.050.
Finding, intent—Captions not law—Effective date—Severability—1993 c 340: See notes following RCW 77.65.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.130 - Vessel operation—License designation—Alternate operator license required.

RCW 77.65.130
Vessel operation—License designation—Alternate operator license required.
(1) A person who holds a commercial fishery license or a delivery license may operate the vessel designated on the license. A person who is not the license holder may operate the vessel designated on the license only if:
(a) The person holds an alternate operator license issued by the director; and
(b) The person is designated as an alternate operator on the underlying commercial fishery license or delivery license under RCW 77.65.110.
(2) Only an individual at least sixteen years of age may hold an alternate operator license.
(3) No individual may hold more than one alternate operator license. An individual who holds an alternate operator license may be designated as an alternate operator on an unlimited number of commercial fishery licenses or delivery licenses under RCW 77.65.110.
(4) An individual who holds multiple Dungeness crab—Puget Sound fishery licenses issued pursuant to RCW 77.70.110 may operate the licenses on one vessel if the license holder or alternate operator is on the vessel. The department shall allow a license holder to operate up to one hundred crab pots for each license.
(5) Two persons owning separate Dungeness crab—Puget Sound fishery licenses may operate their licenses on one vessel if the license holders or their alternate operators are on the vessel.
(6) As used in this section, to "operate" means to control the deployment or removal of fishing gear from state waters while aboard a vessel or to operate a vessel delivering food fish or shellfish taken in offshore waters to a port within the state.
[ 2013 c 288 § 2; 2005 c 82 § 2; 2000 c 107 § 34; 1998 c 267 § 4; 1997 c 233 § 2; 1993 c 340 § 25. Formerly RCW 75.28.048.]
NOTES:
Effective date—1998 c 267: See note following RCW 77.65.050.
Finding, intent—Captions not law—Effective date—Severability—1993 c 340: See notes following RCW 77.65.010.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.140 - Alternate operators—Increase for certain licenses.

RCW 77.65.140
Alternate operators—Increase for certain licenses.
The director may, by rule, increase the number of alternate operators beyond the level authorized by RCW 77.65.050 and 77.65.110 for a commercial fishery license, delivery license, or charter license.
[ 2000 c 107 § 35; 1997 c 421 § 1. Formerly RCW 75.28.055.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.180 - Oregon, California harvested salmon—Landing in Washington ports encouraged.

RCW 77.65.180
Oregon, California harvested salmon—Landing in Washington ports encouraged.
(1) The legislature finds that landing salmon into the ports of Washington state, regardless of where such salmon have been harvested, is economically beneficial to those ports as well as to the citizens of the state of Washington. It is therefore the intent of the legislature to encourage this practice.
(2) Notwithstanding the provisions of RCW 77.65.010(1)(b) and 77.65.170, a Washington citizen who holds a valid Oregon or California salmon troll license may land salmon taken during lawful seasons in Oregon and California into Washington ports without obtaining a salmon delivery license. This exception is valid only when the salmon were taken in offshore waters south of Cape Falcon.
(3) The department shall adopt rules necessary to implement this section, including rules identifying the appropriate methods for verifying that salmon were in fact taken south of Cape Falcon.
[ 2000 c 107 § 39; 1999 c 103 § 1. Formerly RCW 75.28.114.]
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.190 - Emergency salmon delivery license—Fees—Nontransferable, nonrenewable.

RCW 77.65.190
Emergency salmon delivery license—Fees—Nontransferable, nonrenewable.
A person who does not qualify for a license under RCW 77.70.090 shall obtain a nontransferable emergency salmon delivery license to make one delivery from a commercial fishing vessel of salmon taken for commercial purposes in offshore waters. As used in this section, "delivery" means arrival at a place or port, and include arrivals from offshore waters to waters within the state and arrivals ashore from offshore waters. The director shall not issue an emergency salmon delivery license unless, as determined by the director, a bona fide emergency exists. The license fee is two hundred seventy-five dollars for residents and six hundred sixty dollars for nonresidents. The application fee is one hundred five dollars. An applicant for an emergency salmon delivery license shall designate no more than one vessel that will be used with the license. Alternate operator licenses are not required of persons delivering salmon under an emergency salmon delivery license. Emergency salmon delivery licenses are not renewable.
[ 2018 c 235 § 4; 2017 3rd sp.s. c 8 § 24; 2011 c 339 § 21; 2005 c 20 § 3; 2000 c 107 § 40; 1993 sp.s. c 17 § 37; (1993 c 340 § 14 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 5; 1984 c 80 § 1. Prior: 1983 1st ex.s. c 46 § 116; 1983 c 297 § 1; 1977 ex.s. c 327 § 4; 1974 ex.s. c 184 § 3. Formerly RCW 75.28.116, 75.28.460.]
NOTES:
Effective date—2018 c 235: See note following RCW 77.65.150.
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Effective date—2011 c 339: See note following RCW 43.84.092.
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520.
Legislative intent—Funding of salmon enhancement facilities—Use of license fees—Severability—Effective date—1977 ex.s. c 327: See notes following RCW 77.65.150.
Legislative intent—Severability—1974 ex.s. c 184: See notes following RCW 77.70.090.
2023 Revised Code of Washington › Title 77 - Fish and Wildlife › Chapter 77.65 - Food Fish and Shellfish—Commercial Licenses. › 77.65.240 - Surcharge on Dungeness crab-coastal fishery license.

RCW 77.65.240
Surcharge on Dungeness crab-coastal fishery license.
A surcharge of one hundred twenty dollars shall be collected with each Dungeness crab-coastal fishery license issued under RCW 77.65.220. Moneys collected under this section shall be placed in the coastal crab account created under RCW 77.70.320.
[ 2017 3rd sp.s. c 8 § 28; 2000 c 107 § 45; 1997 c 418 § 5. Formerly RCW 75.28.133.]
NOTES:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.