reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-130 - Nonmotorized commercial whale watching vessels

Current through Register Vol. 24-14, July 15, 2024
(1) Tours involving any nonmotorized
				watercraft used for the purposes of commercial whale watching, such as kayaks,
				are subject to these requirements. Such watercraft constitute commercial whale
				watching vessels and are referred to as "vessels" in this chapter. Regardless
				of the type of nonmotorized watercraft involved, the person operating on behalf
				of the business to conduct the tour is referred to as a "kayak guide" in this
				chapter.
(2) Kayak guides must
				prevent all vessels in their tour group from disturbing southern resident
				killer whales. All vessels in the tour group must adhere to the following
				requirements:
(a) It is unlawful to launch if
				southern resident killer whales are within one-half nautical mile of the launch
				location.
(b) Vessels are
				prohibited from being paddled, positioned, or waiting in the path of a southern
				resident killer whale. If a southern resident killer whale is moving towards a
				vessel, the vessel must immediately be moved out of the path of the
				whale.
(c) If a vessel or vessels
				inadvertently encounter a southern resident killer whale, they must immediately
				be moved as close to shore as possible and secured, or be rafted up close to
				shore or in a kelp bed, and paddling shall cease until any and all killer
				whales have moved to at least four hundred yards away from the vessels. Rafting
				up is defined as manually holding vessels close together, maintaining a tight
				grouping.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-130 - Nonmotorized paddle tour vessels

Current through Register Vol. 24-14, July 15, 2024
(1) Tours
				involving any nonmotorized watercraft used for the purposes of paddle tours,
				such as kayaks, are subject to these requirements. Such watercraft constitute
				paddle tour vessels and are referred to as "vessels" in this chapter.
				Regardless of the type of nonmotorized watercraft involved, the person
				operating on behalf of the business to conduct the tour is referred to as a "
				paddle guide" in this chapter.
(2)
				Paddle guides must prevent all vessels in their tour group from disturbing
				southern resident killer whales. All vessels in the tour group must adhere to
				the following requirements:
(a) It is unlawful
				to launch if southern resident killer whales are within one-half nautical mile
				of the launch location.
(b) Vessels
				are prohibited from being paddled, positioned, or waiting in the path of a
				southern resident killer whale. If a southern resident killer whale is moving
				towards a vessel, the vessel must immediately be moved out of the path of the
				whale.
(c) If a vessel or vessels
				inadvertently encounter a southern resident killer whale, they must immediately
				be moved as close to shore as possible and secured, or be rafted up close to
				shore or in a kelp bed, and paddling shall cease until any and all killer
				whales have moved to at least 400 yards away from the vessels. Rafting up is
				defined as manually holding vessels close together, maintaining a tight
				grouping.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-140 - Commercial whale watching compliance and reporting

Current through Register Vol. 24-14, July 15, 2024
(1) An automatic identification system (AIS)
				must be fitted aboard all motorized commercial whale watching vessels. The AIS
				must be capable of providing information about the vessel (including the
				vessel's identity, type, position, course, speed, and navigational status) to
				state and federal authorities automatically. Operators must maintain the AIS in
				operation at all times that the vessel is conveying passengers for a
				fee.
(2) All commercial whale
				watching license holders must complete annual training from the department on
				marine mammals, distances on the water, impacts of whale watching on marine
				mammals, and southern resident killer whale-related rules and reporting.
(a) At completion of training, license
				holders must demonstrate adequate understanding of course materials.
(b) It is unlawful to operate a commercial
				whale watching vessel or guide a tour of nonmotorized vessels without
				completing the training for the current calendar year.
(c) Naturalists and others who work upon
				commercial whale watching vessels but are not license holders are encouraged to
				participate in the annual training.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-140 - Commercial whale watching and paddle tour compliance and reporting

Current through Register Vol. 24-14, July 15, 2024
(1) An automatic identification system (AIS)
				must be fitted aboard all motorized commercial whale watching vessels. The AIS
				must be capable of providing information about the vessel (including the
				vessel's identity, type, position, course, speed, and navigational status) to
				state and federal authorities automatically. Operators must maintain the AIS in
				operation at all times that the vessel is conveying passengers for a
				fee.
(2) All commercial whale
				watching and paddle tour license holders must complete annual training from the
				department on marine mammals, distances on the water, impacts of whale watching
				on marine mammals, and southern resident killer whale-related rules and
				reporting.
(a) At completion of training,
				license holders must demonstrate adequate understanding of course
				materials.
(b) It is unlawful to
				operate a commercial whale watching vessel or guide a tour of nonmotorized
				vessels without completing the training for the current calendar
				year.
(c) Naturalists and others
				who work upon commercial whale watching vessels but are not license holders are
				encouraged to participate in the annual training.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-150 - Penalties

Current through Register Vol. 24-14, July 15, 2024
(1) Commercial
				whale watching license holders in violation of WAC 220-460-090 may be issued a
				notice of infraction punishable under chapter 7.84 RCW that carries a fine of
				five hundred dollars, not including statutory assessments added pursuant to
				RCW
				3.62.090.
(2) Commercial whale watching license holders
				out of compliance with WAC 220-460-100, 220-460-110, 220-460-120, 220-460-130,
				or 220-460-140 may be issued a notice of infraction that carries a fine of up
				to five hundred dollars, not including statutory assessments added pursuant to
				RCW
				3.62.090.
(3) Nothing in this chapter prohibits the
				filing of criminal charges for violations of
				RCW
				77.15.815 in lieu of issuance of a notice of
				infraction.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-150 - Penalties

Current through Register Vol. 24-14, July 15, 2024
(1) Commercial whale watching or paddle tour
				license holders in violation of WAC 220-460-090 may be issued a notice of
				infraction punishable under chapter 7.84 RCW that carries a fine of $500, not
				including statutory assessments added pursuant to RCW  3.62.090.
(2) Commercial whale watching or paddle tour
				license holders out of compliance with WAC 220-460-100, 220-460-110,
				220-460-120, 220-460-130, or 220-460-140 may be issued a notice of infraction
				that carries a fine of up to $500, not including statutory assessments added
				pursuant to RCW  3.62.090.
(3)
				Nothing in this chapter prohibits the filing of criminal charges for violations
				of RCW  77.15.815 in lieu of issuance of a notice of infraction.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › WILDLIFE › Chapter 220-460 - Commercial whale watching and paddle tours › Section 220-460-160 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of the chapter or its application to any
				  covered party, person, or circumstance is held invalid, the remainder of the
				  chapter or application of the provision to other covered parties, persons, or
				  circumstances is not affected.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-010 - Declaration of purpose - Department lands

Current through Register Vol. 24-14, July 15, 2024
The primary purpose of department lands is the preservation,
				  protection, perpetuation and management of fish and wildlife and their
				  habitats. Public use of department lands may include fishing, hunting, fish and
				  wildlife appreciation, and other outdoor recreational opportunities when
				  compatible with healthy and diverse fish and wildlife
				  populations.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Definitions used in rules of the fish and wildlife commission
				  are defined in
				  RCW
				  77.08.010. In addition, unless otherwise
				  provided:
(1) "Aircraft" means any
				machines designed to travel through the air, whether heavier or lighter than
				air, including but not limited to airplanes, dirigibles, balloons, and
				helicopters. The term "aircraft" shall not include paragliders or
				remote-controlled aircraft.
(2)
				"Campfire" means any open flame from a wood source.
(3) "Camping" means erecting a tent or
				shelter or arranging bedding, or both, or parking a recreational vehicle or
				other vehicle for the purpose of remaining overnight.
(4) "Campgrounds" are department-designated
				areas where camping is allowed.
(5)
				"Closed or restricted access" means any department-owned or controlled public
				lands, waters, or access areas (including roads and trails) that are gated and
				locked, closed by earthen mound, or designated as closed or posted as such with
				signs.
(6) "Commercial use or
				activity" is any use or activity on department-controlled or managed lands,
				waters, or access areas:
(a) Where an entry
				or other type of fee is charged; or
(b) Where the primary purpose is the sale or
				barter of a good or service; and
(c) In either case, the term applies
				regardless of whether the use or activity is intended to produce a
				profit.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-030 - Behavior and conduct

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) It is unlawful to engage in disorderly
				conduct on department lands. Disorderly conduct is a misdemeanor, pursuant to
				RCW
				9A.84.030.
(b) For the purposes of this subsection, a
				person is guilty of disorderly conduct if he or she:
(i) Uses abusive language and thereby
				intentionally creates a risk of assault;
(ii) Intentionally disrupts any lawful
				assembly or meeting of persons without lawful authority; or
(iii) Intentionally obstructs vehicular or
				pedestrian traffic without lawful authority.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-040 - Regulating public access

Current through Register Vol. 24-14, July 15, 2024
(1) The
				director may close or restrict access to department lands by an emergency or
				other permanent regulation on a seasonal, emergent, or permanent basis to
				protect human safety, vulnerable fish and wildlife resources or habitats, and
				department or other infrastructures from damage or abuse.
(2) The director may control public access on
				department lands to increase wildlife use in order to improve hunter success or
				manage wildlife viewing opportunities. Public access may be controlled by
				limiting the number of users in the areas and/or limiting the days of the week
				or hours of the day that the public can access the area.
(3) It is unlawful to enter or remain on
				department lands or portions thereof when such restrictions are in place or are
				established by department posted notice. This does not apply during the
				administration of authorized activities.
Statutory Authority:
					 RCW
					 77.12.210,
					 77.12.880. 08-01-078 (Order
					 07-293), §
											232-13-150, filed 12/17/07,
					 effective 1/17/08.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-045 - Domestic goats and sheep on Washington department of fish and wildlife managed lands

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful
				for any person to bring or lead domestic goats or sheep onto the following
				department wildlife area units or other WDFW-managed lands posted as closed to
				domestic goats or sheep, unless otherwise permitted by the director to do so:
(a) Asotin Creek Wildlife Area: Asotin Creek,
				Weatherly, and George Creek Units;
(b) Chelan Wildlife Area: Beebe Springs,
				Chelan Butte, Swakane, and Entiat Units;
(c) Chief Joseph Wildlife Area: Chief Joseph,
				4-O Ranch, Grouse Flats, and Shumaker Units;
(d) Colockum Wildlife Area: Colockum
				Unit;
(e) Columbia Basin Wildlife
				Area: Lower Crab Creek and Quincy Lakes Units;
(f) L.T. Murray Wildlife Area: Quilomene,
				L.T. Murray, and Whiskey Dick Units;
(g) Oak Creek Wildlife Area: Cowiche, Oak
				Creek, and Rock Creek Units;
(h)
				Scotch Creek Wildlife Area: Chesaw, Ellemehan, Scotch Creek, Charles and Mary
				Eder, Similkameen-Chopaka, and Tunk Valley Units;
(i) Sinlahekin Wildlife Area: Sinlahekin,
				Driscoll Island, and Carter Mountain Units;
(j) Wells Wildlife Area: Indian Dan Canyon
				Unit;
(k) Wenas Wildlife Area:
				Wenas Unit;
(1) W.T. Wooten Wildlife Area:
				W.T. Wooten Unit.
(2) Goats or
				sheep that have tested positive for
Mycoplasma ovipneumoniae
or that are displaying signs of pneumonia or other illness will not be allowed
				on any WDFW-managed lands. Goats or sheep displaying signs of pneumonia or
				other illness while on department lands must be removed by the animal(s) owner
				or owner's agent within 48 hours.
(3) If a goat or sheep becomes lost, the
				owner or owner's agent must make every effort to locate and recover it. If the
				goat or sheep cannot be recovered, the animal's owner or owner's agent shall
				contact the department by telephone as soon as possible. A violation of this
				subsection may be punishable under
				RCW
				77.15.160 or other relevant statute depending
				on the circumstances of the violation.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-050 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) Fish and
				wildlife officers and ex officio fish and wildlife officers have the authority
				to remove from department lands people who have violated the law or failed to
				obey department regulations.
(2) It
				is unlawful to fail, neglect, or refuse to obey the directions of such officers
				regarding the use of department lands. Violating this subsection is a
				misdemeanor, pursuant to
				RCW
				77.15.230.
Statutory Authority:
					 RCW
					 77.12.210,
					 77.12.880. 08-01-078 (Order
					 07-293), §
											232-13-110, filed 12/17/07,
					 effective 1/17/08.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-060 - Commercial use or activity

Current through Register Vol. 24-14, July 15, 2024
It is unlawful to use department lands for any commercial
				  purposes without a permit from the director.
Statutory Authority:
					 RCW
					 77.12.210,
					 77.12.880. 08-01-078 (Order
					 07-293), §
											232-13-080, filed 12/17/07,
					 effective 1/17/08.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-070 - Noncommercial use or activity

Current through Register Vol. 24-14, July 15, 2024
It is unlawful to sponsor, conduct, or hold a private or
				  public event, involving more than thirty people, on department lands without a
				  permit from the director.
Statutory Authority:
					 RCW
					 77.12.210,
					 77.12.880. 08-01-078 (Order
					 07-293), §
											232-13-090, filed 12/17/07,
					 effective 1/17/08.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-080 - Vehicles using department lands

Current through Register Vol. 24-14, July 15, 2024
It is unlawful to operate a motor driven vehicle on a road
				  controlled or managed by the department pursuant to road management agreement
				  in a manner or for a purpose contrary to posted signs or notices except as
				  authorized by the director.
Violation of this section is an infraction, punishable under
				  RCW
				  77.15.160.
Statutory Authority:
					 RCW
					 77.12.047. 06-09-021 (Order 06-67), §
											232-12-177, filed 4/11/06,
					 effective 5/12/06. Statutory Authority:
					 RCW
					 77.12.210 and
					 77.12.320. 90-11-050 (Order 438),
					 §
											232-12-177, filed 5/11/90,
					 effective 6/11/90. Statutory Authority: RCW 77.12.040. 82-04-034 (Order 177),
					 §
											232-12-177, filed 1/28/82;
					 81-12-029 (Order 165), §
											232-12-177, filed 6/1/81.
					 Formerly WAC 232-12-400.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-090 - Aircraft

Current through Register Vol. 24-14, July 15, 2024
(1) Except as
				authorized by the director or the commissioner of public lands, it is unlawful
				to land aircraft on department lands, except in the case of a bona fide
				emergency.
(2) This section does
				not apply to official aircraft used in the performance of department approved
				scientific research, search and rescue missions, medical emergencies, law
				enforcement activities, emergency evacuations, firefighting activities, or
				other agency administrative activities.
Statutory Authority:
					 RCW
					 77.12.210,
					 77.12.880. 08-01-078 (Order
					 07-293), §
											232-13-040, filed 12/17/07,
					 effective 1/17/08.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-100 - Camping

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful
				to establish or occupy a camp on department lands in excess of twenty-one days
				within a thirty-day period, except when allowed by department posted
				notice.
(2) It is unlawful to
				establish or occupy a residence camp on department lands. For purposes of this
				section, a residence camp is an encampment, occupancy, or presence on
				department lands that is the principal place of residence for the person or
				occupant.
(3) A residence camp on
				department lands is declared to be a public nuisance and may be abated by the
				department after ten days of notice by the department.
Statutory Authority:
					 RCW
					 77.12.210,
					 77.12.880. 08-01-078 (Order
					 07-293), §
											232-13-060, filed 12/17/07,
					 effective 1/17/08.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-110 - Fires and campfires

Current through Register Vol. 24-14, July 15, 2024
With the exception of campfires, fires in stoves, lanterns
				  and barbeques, and fire used by the department for habitat management, it is
				  unlawful to start or tend any other fire on department lands. Lawful campfires
				  are limited to a maximum of three feet in diameter and three feet
				  high.
Statutory Authority:
					 RCW
					 77.12.210,
					 77.12.880. 08-01-078 (Order
					 07-293), §
											232-13-070, filed 12/17/07,
					 effective 1/17/08.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-120 - Dumping and sanitation

Current through Register Vol. 24-14, July 15, 2024
(1) It
				is unlawful for any person to throw, drop, or leave any discarded object,
				garbage, trash or rubbish, upon any department lands except into a litter or
				garbage receptacle or container installed for that purpose on such property.
				Violation of this subsection is pursuant to
				RCW
				70.93.060, which makes it a class 3 civil
				infraction to litter in an amount less than or equal to one cubic foot; a
				misdemeanor to litter in an amount greater than one cubic foot but less than
				one cubic yard; and a gross misdemeanor to litter in an amount of one cubic
				yard or more.
(2) It is unlawful to
				drain or dump refuse or human waste from any trailer, camper, automobile, other
				vehicle, or vessel on department lands.
(3) Except for administrative purposes, it is
				unlawful to clean or wash any automobile, vessel, or other vehicle on
				department lands with any substance other than water or biodegradable soaps.
				This subsection does not apply to cleaning activities to control and prevent
				the spread of invasive species provided only water is used.
Statutory Authority:
					 RCW
					 77.12.210,
					 77.12.880. 08-01-078 (Order
					 07-293), §
											232-13-100, filed 12/17/07,
					 effective 1/17/08.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-130 - Erecting and using camps, blinds, and tree stand structures on department lands

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) It is unlawful to dig pits for the
				purpose of hunting waterfowl, or to cut trees or attach artificial fasteners
				(such as wire, staples or nails) to trees for the construction of camps, blinds
				and tree stands on department lands.
(b) All nonnatural materials used in the
				construction of blinds or tree stands must be removed from department lands at
				the end of the hunting season.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-150 - Fireworks

Current through Register Vol. 24-14, July 15, 2024
It is unlawful to discharge or possess fireworks, model
				  rockets, or other devices containing any explosive or flammable compounds on
				  department lands. This does not apply to gasoline or diesel powered equipment,
				  cooking stoves or grills, lanterns, lighters, or heaters, or legal
				  firearms.
Statutory Authority:
					 RCW
					 77.12.210,
					 77.12.880. 08-01-078 (Order
					 07-293), §
											232-13-140, filed 12/17/07,
					 effective 1/17/08.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-160 - Parking

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) It is unlawful to park or leave a vehicle
				unattended for more than twenty-one days on department lands without a permit
				from the director.
(b) It is
				unlawful to leave a motor vehicle or trailer parked or standing on department
				lands when the vehicle is blocking access to a boat ramp, roadway, gate, or
				driveway or otherwise prevents egress or ingress to a department
				facility.
(c) Vehicles unlawfully
				parked or abandoned on department lands may be impounded by a fish and wildlife
				officer or ex officio fish and wildlife officer.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-170 - Pets

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				may prohibit or regulate pets, except for bona fide service animals for persons
				with disabilities, on department lands.
(2) It is unlawful for any person to allow
				pets to roam unattended on department lands.
(3)
(a) It
				is unlawful to cause or allow a pet to roam unleashed on department-owned lands
				from April 1 through July 31, unless posted otherwise.
(b) It is unlawful to cause or allow a pet to
				roam unleashed on designated access sites or within five hundred feet of a
				designated campground on department lands.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-180 - Penalties

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise provided, violation of any of the provisions
				  of this chapter constitutes an infraction, pursuant to
				  RCW
				  77.15.020 and
				  77.15.160.
Statutory Authority:
					 RCW
					 77.12.210,
					 77.12.880. 08-01-078 (Order
					 07-293), §
											232-13-210, filed 12/17/07,
					 effective 1/17/08.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-190 - Domestic animals on department lands

Current through Register Vol. 24-14, July 15, 2024
It is unlawful for any person to allow domesticated animals
				  to be unattended on, or to permit livestock to graze upon land under the
				  control of the department without a written permit from the director. In
				  addition to other penalties provided by law, any such person may be liable to
				  the department for a compensatory fee of one dollar per head of livestock per
				  day.
Statutory Authority:
					 RCW
					 77.12.210. 88-23-108 (Order 322), §
											232-12-174, filed 11/22/88.
					 Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165), §
											232-12-174, filed 6/1/81.
					 Formerly WAC 232-12-390.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-200 - Livestock grazing on department of fish and wildlife lands

Current through Register Vol. 24-14, July 15, 2024
All persons wishing to apply for a grazing permit for acreage
				  managed by the Washington department of fish and wildlife should contact the
				  department at P.O. Box 43200, Olympia, Washington 98504-3200.
(1) The director is authorized to issue
				grazing permits when the director determines that the grazing permits will be
				consistent with the desired ecological conditions for those lands and with the
				department's mission, management objectives, and strategic plan.
(2) A temporary permit may be granted by the
				director to satisfy short-term needs where benefits to wildlife management
				programs and the public interest can be demonstrated. The term of a temporary
				permit shall not exceed one year and no fee need necessarily be
				charged.
(3) With the following
				three exceptions, grazing permits shall first be submitted to the commission,
				which may review the permits to ensure that they conform to commission policy:
(a) Temporary permits;
(b) Permits that are being renewed or
				renegotiated for acreage where the department has permitted nontemporary
				grazing during the previous ten years; and
(c) Permits that are being issued for acreage
				acquired by the department within the previous twelve months.
If, within thirty days, the commission has not disapproved a
				  permit, the director shall be deemed authorized to issue that
				  permit.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-210 - Removal of minerals, wood and artifacts from department lands

Current through Register Vol. 24-14, July 15, 2024
It is unlawful to remove petrified wood, minerals, fossils,
				  wood products or artifacts from department lands unless such removal is
				  authorized by a permit issued by the director.
Statutory Authority:
					 RCW
					 77.12.210 and
					 77.12.320. 90-11-049 (Order 437),
					 §
											232-12-251, filed 5/11/90,
					 effective 6/11/90. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165),
					 §
											232-12-251, filed 6/1/81.
					 Formerly WAC 232-12-550.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-220 - Discharge of litter on department lands - Unlawful

Current through Register Vol. 24-14, July 15, 2024
It is unlawful for any person to throw, to drop, or to leave
				  any discarded object, garbage, debris, or waste upon any of the properties
				  owned, leased or controlled by the department except into a litter or garbage
				  receptacle or container installed for that purpose on such
				  property.
Statutory Authority:
					 RCW
					 77.12.210 and
					 77.12.320. 90-11-049 (Order 437),
					 §
											232-12-254, filed 5/11/90,
					 effective 6/11/90. Statutory Authority: RCW 77.12.040. 81-12-029 (Order 165),
					 §
											232-12-254, filed 6/1/81.
					 Formerly WAC 232-12-570.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › DEPARTMENT LANDS › Chapter 220-500 - Department lands-General rules › Section 220-500-230 - Public conduct on private lands under cooperative agreement with the department - Unlawful acts

Current through Register Vol. 24-14, July 15, 2024
(1) It
				is unlawful to discharge firearms or archery equipment within a posted safety
				zone on department controlled lands. Violating this subsection is a
				misdemeanor, pursuant to
				RCW
				77.15.230.
(2) It is unlawful to disobey posted notices
				or signs on department controlled lands. Violating this subsection is an
				infraction, pursuant to
				RCW
				77.15.160.
(3) For purposes of this section, "department
				controlled lands" means land, water, and access areas, such as boat ramps and
				trail heads, which are privately owned and under cooperative agreement with the
				department.
(4) For purposes of
				this section, "under cooperative agreement with the department" means a legal,
				binding contract allowing public access to specified lands has been signed by
				the department and the landholder.
Statutory Authority:
					 RCW
					 77.12.047. 11-11-013 (Order 11-86), §
											232-13-160, filed 5/6/11,
					 effective 6/6/11.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
				this chapter is to implement chapter 197-11 WAC, SEPA rules, as applicable to
				the department.
(2) These policies
				and procedures are developed to implement SEPA in a manner which reduces
				duplication, establishes effective and uniform rules, encourages public
				involvement, and promotes certainty with respect to the requirements of the
				act.
(3) These policies and
				procedures are not intended to cover compliance by the department with respect
				to the National Environmental Policy Act of 1969 (NEPA). In those situations
				where the department is required by federal law or regulations to perform some
				element of compliance with NEPA, compliance will be governed by the applicable
				federal statute and regulations.
Statutory Authority:
					 RCW
					 77.12.047. 03-10-038 (Order 03-83), §
											220-100-030, filed 4/30/03,
					 effective 5/31/03. Statutory Authority: RCW 75.08.080. 84-19-053 (Order
					 84-144), §
											220-100-030, filed 9/18/84; Order
					 76-40, §
											220-100-030, filed
					 5/25/76.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-020 - Impact of SEPA on the department

Current through Register Vol. 24-14, July 15, 2024
The department fully endorses the intent and purpose of SEPA
				  and will make every effort to implement and fulfill the intent and requirements
				  of SEPA and the SEPA rules. The department will make every effort to implement
				  SEPA in the best manner possible with the resources
				  available.
Statutory Authority:
					 RCW
					 77.12.047. 03-10-038 (Order 03-83), §
											220-100-020, filed 4/30/03,
					 effective 5/31/03. Statutory Authority: RCW 75.08.080. 84-19-053 (Order
					 84-144), §
											220-100-020, filed 9/18/84;
					 78-05-029 (Order 78-17), §
											220-100-020, filed 4/17/78; Order
					 76-40, §
											220-100-020, filed
					 5/25/76.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) The definitions
				of the words and terms of WAC
				197-11-700 through
				197-11-730 and WAC
				197-11-734 through
				197-11-799 are made a part of
				this chapter.
(2) "Environmental
				document" means any written public document prepared under chapter 197-11 WAC,
				including department comment letters addressing a SEPA threshold determination
				or an environmental impact statement (EIS), or supplemental EIS
				(SEIS).
(3) "Department" means the
				Washington department of fish and wildlife unless otherwise
				indicated.
Statutory Authority:
					 RCW
					 77.12.047. 03-10-038 (Order 03-83), §
											220-100-010, filed 4/30/03,
					 effective 5/31/03. Statutory Authority: RCW 75.08.080. 84-19-053 (Order
					 84-144), §
											220-100-010, filed 9/18/84; Order
					 76-40, §
											220-100-010, filed
					 5/25/76.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-040 - Scope and coverage of this chapter

Current through Register Vol. 24-14, July 15, 2024
(1) It is the intent of the department that
				compliance with this chapter shall constitute complete procedural compliance
				with SEPA for all actions as defined in WAC
				197-11-704.
(2) This chapter applies to all department
				actions as defined in WAC
				197-11-704.
(3) To the fullest extent possible, the
				department shall integrate procedures required by this chapter with existing
				planning and licensing procedures. These procedures should be initiated early,
				and undertaken in conjunction with other governmental operations to avoid
				lengthy time delays and unnecessary duplication of effort.
(4) To the fullest extent possible, the
				department shall:
(a) Prepare environmental
				documents that are concise, clear, and to the point, and that are supported by
				evidence that the necessary environmental analyses have been made.
(b) Find ways to make the SEPA process more
				useful to decision makers and the public.
(c) Reduce unnecessary paperwork and the
				accumulation of extraneous background data.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-050 - Threshold levels adopted by local governments

Current through Register Vol. 24-14, July 15, 2024
During threshold determination and in determining whether a
				  proposal is exempt from SEPA, the department shall give due consideration to
				  exempt levels adopted by local governments under WAC
				  197-11-800.
Statutory Authority:
					 RCW
					 77.12.047. 03-10-038 (Order 03-83), §
											220-100-057, filed 4/30/03,
					 effective 5/31/03.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-060 - Critical areas

Current through Register Vol. 24-14, July 15, 2024
During threshold determination and in determining whether a
				  proposal is exempt from SEPA, the department shall give due consideration to a
				  local government's critical area categorical exemption designations made by
				  local governments under WAC
				  197-11-908.
Statutory Authority:
					 RCW
					 77.12.047. 03-10-038 (Order 03-83), §
											220-100-027, filed 4/30/03,
					 effective 5/31/03.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-070 - Agency policy - Substantive authority and mitigation

Current through Register Vol. 24-14, July 15, 2024
(1) The policy of the department is to avoid
				or mitigate adverse environmental impacts that may result from department
				actions. This policy results from:
(a) The
				legislated duties of the department with respect to fish and wildlife;
				and
(b) Recognition of the fact
				that each person has a fundamental and inalienable right to a healthful
				environment and that each person has a responsibility to contribute to the
				preservation and enhancement of the environment (RCW
				43.21C.020(31) ).
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-080 - Timing of the SEPA process

Current through Register Vol. 24-14, July 15, 2024
(1)
				When another agency is the lead agency, the department's environmental review
				process will normally begin upon receipt of a determination of nonsignificance
				(DNS), determination of significance (DS), scoping notice, or draft
				environmental impact statement (DEIS). When the department is the lead agency
				for nonagency actions, review will normally begin upon receipt of a complete
				permit application and a complete environmental checklist. The department
				typically requests plans and a location map, pursuant to WAC
				197-11-100. The applicant may
				choose to submit this information with the checklist so that review may proceed
				expeditiously. For department actions, environmental review will normally begin
				when the proposed action is sufficiently developed to allow preliminary
				decisions.
(2) Upon written request
				of an applicant, preliminary environmental review will be conducted prior to
				receipt of detailed project plans and specifications. In such instances, the
				applicant shall submit information judged by the department to be sufficient to
				make a preliminary review.
(3) The
				preliminary review will be advisory only and not binding upon the department.
				Final review and determination will be made only upon receipt of detailed
				project plans and specifications. The department will make a determination
				within ninety days after the application and supporting documents are complete
				pursuant to
				RCW
				43.21C.033.
Statutory Authority:
					 RCW
					 77.12.047. 03-10-038 (Order 03-83), §
											220-100-055, filed 4/30/03,
					 effective 5/31/03. Statutory Authority: RCW 75.08.080. 84-19-053 (Order
					 84-144), §
											220-100-055, filed
					 9/18/84.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-090 - Notice/statute of limitations

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department, applicant for, or proponent of an action may publish a notice of
				action pursuant to
				RCW
				43.21C.080.
(2) The form of the notice shall be
				substantially in the form provided in WAC
				197-11-990. The notice shall be
				published by the department, applicant, or proponent pursuant to
				RCW
				43.21C.080.
Statutory Authority:
					 RCW
					 77.12.047. 03-10-038 (Order 03-83), §
											220-100-058, filed 4/30/03,
					 effective 5/31/03.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-100 - Summary of information which may be required of a private applicant

Current through Register Vol. 24-14, July 15, 2024
(1) The applicant
				for each proposal for which the department is the lead agency shall submit a
				complete environmental checklist along with a complete application for the
				required approval.
(2) After review
				of the environmental checklist, the department may require the applicant to
				submit additional information necessary to properly evaluate the potential
				environmental impacts of the project. Field investigation or research may be
				required of the applicant or conducted by the department at the applicant's
				cost.
(3) Preparation of EISs is
				the responsibility of the department's environmental services division. The
				responsible official shall be satisfied that all EISs issued by the department
				are in compliance with these rules and chapter 197-11 WAC.
(4) Whenever someone other than the
				department prepares an EIS the responsible official shall:
(a) Coordinate scoping to insure that the
				individual preparing the document receives all substantive information
				submitted by any agency or person.
(b) Direct the areas of research and study to
				be undertaken and the content and organization of the document.
(c) Assist in obtaining information on file
				with another agency that is needed by the person preparing the
				document.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-110 - Assumption of lead agency status

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever the department is an agency of
				jurisdiction and determines that a DNS issued by another lead agency is
				inappropriate and that the proposal in question could cause significant harm to
				the resources under its jurisdiction, the department may assume lead agency
				status per WAC
				197-11-948.
(2) Within ten days of assuming lead agency
				status, the department will notify the proponent of the proposal in writing as
				to the reasons for its assumption of lead agency status.
(3) Prior to preparation of an EIS for the
				proposal, the department will consult with the proponent and give the proponent
				an opportunity to modify or change the proposal in such a way that an EIS may
				not be necessary as outlined in WAC
				197-11-360(4).
Statutory Authority:
					 RCW
					 77.12.047. 03-10-038 (Order 03-83), §
											220-100-065, filed 4/30/03,
					 effective 5/31/03. Statutory Authority: RCW 75.08.080. 84-19-053 (Order
					 84-144), §
											220-100-065, filed
					 9/18/84.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-120 - Designation of responsible official

Current through Register Vol. 24-14, July 15, 2024
Under normal circumstances, the responsible official is the
				  SEPA/NEPA coordinator or the habitat program's designee. The responsible
				  official shall carry out duties and functions for the purpose of assuring the
				  department's compliance with SEPA and SEPA rules. The responsible official may
				  delegate duties and functions assigned under this chapter and chapter 197-11
				  WAC. When significant involvements of the department converge at a level higher
				  than the SEPA/NEPA coordinator, the director or the director's designee may be
				  assigned the role of responsible official.
Statutory Authority:
					 RCW
					 77.12.047. 03-10-038 (Order 03-83), §
											220-100-070, filed 4/30/03,
					 effective 5/31/03. Statutory Authority: RCW 75.08.080. 84-19-053 (Order
					 84-144), §
											220-100-070, filed 9/18/84; Order
					 76-40, §
											220-100-070, filed
					 5/25/76.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-130 - Mitigated DNS

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant
				may ask the department whether issuance of a DS is likely for a proposal. This
				request for early notice must:
(a) Be
				written;
(b) Follow submission of a
				permit application and environmental checklist for a nonexempt proposal for
				which the department is lead agency; and
(c) Precede the department's actual threshold
				determination for the proposal.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-140 - SEPA public information center

Current through Register Vol. 24-14, July 15, 2024
The department designates the environmental services division
				  of the habitat program as its SEPA public information center. The mailing
				  address is SEPA Coordinator, 600 Capitol Way North, Olympia, Washington
				  98501-1091.
Statutory Authority:
					 RCW
					 77.12.047. 03-10-038 (Order 03-83), §
											220-100-080, filed 4/30/03,
					 effective 5/31/03. Statutory Authority: RCW 75.08.080. 84-19-053 (Order
					 84-144), §
											220-100-080, filed 9/18/84;
					 78-05-029 (Order 78-17), §
											220-100-080, filed 4/17/78; Order
					 76-40, §
											220-100-080, filed
					 5/25/76.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-150 - Public notice

Current through Register Vol. 24-14, July 15, 2024
(1) When
				required under chapter 197-11 WAC, the department will give public notice by
				one or more of the following methods as appropriate for the specific
				circumstances:
(a) Notifying public and
				private groups and agencies with known interest in a certain proposal or in the
				type of proposals being considered;
(b) Notifying individuals with known interest
				in a certain proposal or in the type of proposal being considered;
(c) Publication in a newspaper of general
				circulation in the city, county or general area where the proposal will be
				implemented;
(d) Posting the
				property for site specific proposals;
(e) Notifying the news media;
				and/or
(f) Publishing notice on the
				department's internet site.