reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-600 - State Environmental Protection Act (SEPA) › Section 220-600-160 - Adoption by reference - Substantial compliance

Current through Register Vol. 24-14, July 15, 2024
Except as modified by this chapter, the department adopts the
				  SEPA guidelines as adopted by the department of ecology (chapter 197-11 WAC)
				  and as modified or amended from time to time. Substantial compliance with these
				  guidelines shall constitute compliance with this chapter.
Statutory Authority:
					 RCW
					 77.12.047. 04-14-006 (Order 04-155), §
											220-100-110, filed 6/24/04,
					 effective 7/25/04. Statutory Authority: RCW 75.08.080. 84-19-053 (Order
					 84-144), §
											220-100-110, filed 9/18/84;
					 78-05-029 (Order 78-17), §
											220-100-110, filed 4/17/78; Order
					 76-40, §
											220-100-110, 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 220-600-170 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstance is held invalid, the remainder of this chapter, or the
				  application of the provision to other persons or circumstances, shall not be
				  affected.
Statutory Authority: RCW 75.08.080. 84-19-053 (Order
					 84-144), §
											220-100-115, filed
					 9/18/84.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-610 - State and protected species › ENDANGERED SPECIES ACT › Section 220-610-010 - Wildlife classified as endangered species

Current through Register Vol. 24-14, July 15, 2024
Endangered species include:
Common Name
Scientific Name
Oregon vesper sparrow
Pooecetes gramineus affinis
pygmy rabbit
Brachylagus idahoensis
fisher
Pekania pennanti
gray wolf
Canis lupus
grizzly bear
Ursus arctos
killer whale
Orcinus orca
sei whale
Balaenoptera borealis
fin whale
Balaenoptera physalus
blue whale
Balaenoptera musculus
humpback whale
Megaptera novaeangliae
North Pacific right whale
Eubalaena japonica
sperm whale
Physeter macrocephalus
woodland caribou
Rangifer tarandus caribou
Columbian sharp-tailed
Tympanuchus phasianellus
grouse
columbianus
sandhill crane
Grus canadensis
snowy plover
Charadrius nivosus
upland sandpiper
Bartramia longicauda
spotted owl
Strix occidentalis
western pond turtle
Clemmys marmorata
leatherback sea turtle
Dermochelys coriacea
mardon skipper
Polites mardon
Oregon silverspot butterfly
Speyeria zerene hippolyta
Oregon spotted frog
Rana pretiosa
northern leopard frog
Rana pipiens
Taylor's checkerspot
Euphydryas editha taylori
Streaked horned lark
Eremophila alpestris
								strigata
Tufted puffin
Fratercula cirrhata
North American lynx
Lynx canadensis
marbled murrelet
Brachyramphus marmoratus
Loggerhead sea turtle
Caretta caretta
Yellow-billed cuckoo
Coccyzus americanus
Pinto abalone
Haliotis kamtschatkana
Greater sage grouse
Centrocercus urophasianus
Ferruginous hawk
Buteo regalis
Cascade red fox
Vulpes vulpes cascadensis
western gray squirrel
Sciurus griseus
Statutory Authority:
						RCW
						77.12.047,
						77.12.020. 06-04-066 (Order
						06-09), §
												232-12-014, filed 1/30/06,
						effective 3/2/06; 04-11-036 (Order 04-98), §
												232-12-014, filed 5/12/04,
						effective 6/12/04. Statutory Authority:
						RCW
						77.12.047,
						77.12.655,
						77.12.020. 02-11-069 (Order
						02-98), §
												232-12-014, filed 5/10/02,
						effective 6/10/02. Statutory Authority: RCW 77.12.040,
						77.12.010,
						77.12.020, 77.12.770, 77.12.780.
						00-04-017 (Order 00-05), §
												232-12-014, filed 1/24/00,
						effective 2/24/00. Statutory Authority:
						RCW
						77.12.020. 98-23-013 (Order 98-232), §
												232-12-014, filed 11/6/98,
						effective 12/7/98; 97-18-019 (Order 97-167), §
												232-12-014, filed 8/25/97,
						effective 9/25/97; 93-21-026 (Order 616), §
												232-12-014, filed 10/14/93,
						effective 11/14/93. Statutory Authority:
						RCW
						77.12.020(6). 88-05-032
						(Order 305), §
												232-12-014, filed 2/12/88.
						Statutory Authority: RCW 77.12.040. 82-19-026 (Order 192), §
												232-12-014, filed 9/9/82;
						81-22-002 (Order 174), §
												232-12-014, filed 10/22/81;
						81-12-029 (Order 165), §
												232-12-014, filed
						6/1/81.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-610 - State and protected species › ENDANGERED SPECIES ACT › Section 220-610-020 - Closed season - Endangered Species Act fish classified as threatened

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful
				  to fish for or possess any fish listed as threatened in
				  50 C.F.R. §
											17.11, pursuant to the federal Endangered
				  Species Act, unless fishing for or possession of such fish is specifically
				  allowed under federal or state law.
(2) Each fish possessed in violation of this
				  section shall be treated as a separate offense.
(3) Violation of this section is punishable
				  under RCW
				  77.15.380, unlawful recreational fishing in
				  the second degree, unless such fish are taken in the amounts, place, or manner
				  to constitute unlawful recreational fishing in the first degree, or unless such
				  fish are designated as protected or endangered under state law.
Statutory Authority:
						RCW
						77.12.047. 02-13-026 (Order 02-125), §
												220-56-193, filed 6/12/02,
						effective 7/13/02.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-610 - State and protected species › ENDANGERED SPECIES ACT › Section 220-610-030 - Closed season - Endangered Species Act fish classified as endangered

Current through Register Vol. 24-14, July 15, 2024
(1) It is unlawful
				  to fish for or possess any fish listed as endangered in
				  50 C.F.R. §
											17.11, pursuant to the federal Endangered
				  Species Act, unless fishing for or possession of such fish is specifically
				  allowed under federal or state law.
(2) Each fish possessed in violation of this
				  section shall be treated as a separate offense.
(3) Violation of this section is punishable
				  under RCW
				  77.15.380, unlawful recreational fishing in
				  the second degree, unless such fish are taken in the amounts, place, or manner
				  to constitute unlawful recreational fishing in the first degree, or unless such
				  fish are designated as protected or endangered under state law.
Statutory Authority:
						RCW
						77.12.047. 02-13-026 (Order 02-125), §
												220-56-194, filed 6/12/02,
						effective 7/13/02.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-620 - Volunteer cooperative fish and wildlife enhancement program › Section 220-620-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Volunteer
				group" means any person or group of persons interested in or party to an
				agreement with the department of fish and wildlife relating to a cooperative
				fish or wildlife project.
(2)
				"Cooperative project" means a project conducted by a volunteer group that will
				benefit fish, shellfish, game bird, nongame wildlife, or game animal resources
				of the state and for which the benefits of the project, including fish and game
				reared and released are available to all citizens of the state. Indian tribes
				may elect to participate in cooperative fish and wildlife projects with the
				department.
(3) "Department" means
				the department of fish and wildlife.
(4) "Reimbursable expenses" means an actual
				expense of a project that may be reimbursed by the department to the project
				from funds generated by the sale of surplus salmon carcasses and nonviable
				surplus salmon eggs from that project.
(5) "Surplus salmon eggs" means those salmon
				eggs that are surplus to both the needs of all programs of the department and
				other public entities as described in chapter 220-304 WAC.
(6) "Surplus salmon carcasses" means those
				salmon carcasses that are surplus to both the needs of all programs of the
				department and other public entities as described in chapter 220-304
				WAC.
(7) "Viable salmon eggs" mean
				those salmon eggs which are fertile and capable of being cultured.
(8) "Nonviable salmon eggs" mean those eggs
				which are infertile.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-620 - Volunteer cooperative fish and wildlife enhancement program › Section 220-620-020 - Information required from volunteer groups

Current through Register Vol. 24-14, July 15, 2024
The following information should be furnished in writing on
				  forms provided by the department by volunteer groups when applying for a
				  cooperative fish and wildlife project.
(1) Date of application.
(2) Name of volunteer group or person
				proposing cooperative project. If a group, give the name, address and telephone
				number of one person in that group who will serve as contact person and project
				leader.
(3) Location and physical
				size of project, including a project area map, which clearly indicates the
				project site(s) including county, street address (if applicable), property
				ownership, township, range, section and acreage.
(4) Description of the proposed project,
				including title, project objectives (how the project will benefit the fish and
				wildlife resources), methods of achieving objectives, criteria for measuring
				objectives and a description of how the project will be monitored and
				maintained.
(5) Estimated beginning
				and ending date of project.
(6) A
				project budget which identifies by line item the amount of funding requested to
				purchase goods and services, contracted services, travel, per diem, private
				vehicle mileage reimbursement, equipment, a list of other funds which may be
				available to support the project (including the amount and source of outside
				funding) and any in-kind contributions.
(7) An estimate of the amount of technical
				assistance required from the department including the names and titles of
				department personnel who may be needed.
(8) An estimate of the volunteer time,
				expressed in staff hours, which the project will require.
(9) If the project is to plant or rear fish
				or wildlife, the following additional information should be developed, unless
				exempted by the department:
(a) Species to be
				produced.
(b) Number of eggs,
				larvae, juveniles, adult fish, shellfish or wildlife proposed to be incubated,
				reared or released, by species, as well as the timing of all phases of this
				activity.
(c) Proposed source of
				eggs, broodstock or juveniles.
(d)
				Method and type of culturing proposed.
(e) Date of release.
(f) Size at release.
(g) Release location(s).
(h) Statement about the volunteer groups'
				knowledge of culture and pathology of the species proposed to be
				produced.
(i) Availability of
				professional and technical expertise; i.e., local veterinarian, hatchery
				nearby, local fish or habitat biologist, etc.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-620 - Volunteer cooperative fish and wildlife enhancement program › Section 220-620-030 - Review and selection process

Current through Register Vol. 24-14, July 15, 2024
(1) The application method is on application
				forms provided by the department specifically for this purpose. Application
				forms will be available by request from the Olympia headquarters and at all
				regional offices of the department.
(2) Applications for projects will be
				accepted at least once per biennium during the open application period of
				December 1 through February 28.
(a)
				Applications accepted prior to the start of a biennium may be for project
				funding for one or both years of the ensuing biennium.
(b) If applications are accepted after the
				start of the biennium, they will be for project funding in the second year of a
				biennium.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-620 - Volunteer cooperative fish and wildlife enhancement program › Section 220-620-040 - Criteria used in selecting cooperative projects

Current through Register Vol. 24-14, July 15, 2024
The following criteria will be considered by the department
				  in ranking project proposals for funding. These criteria are not rigid but are
				  intended to guide the department in selecting projects that are feasible,
				  cost-effective and complementary with other department programs.
(1) Fish and wildlife commission policies
				will be used, along with other criteria, to rank proposals. Applicants may wish
				to compare the objectives of their proposals with the most recent statement of
				goals, policies and objectives of the fish and wildlife commission to determine
				whether they are consistent or in conflict.
(2) Program goals, objectives and priorities.
				Projects will be ranked according to their adherence to program goals,
				objectives and priorities as outlined in department plans. Applicants may wish
				to call the operating division(s) within the department most directly concerned
				with the subject of their proposal to determine whether they are consistent or
				in conflict.
(3) Costs versus
				benefits. Project proposals will be evaluated and ranked according to expected
				ratio of costs to public benefits. Costs will include both grant funds and
				other funds required, the level of department provided staff assistance needed
				and the amount for continuing operation and maintenance support needed.
				Benefits may include direct benefits to fish and wildlife or habitat and
				benefits to the public in terms of increased recreational or commercial
				opportunities or increased knowledge about fish and wildlife.
(4) Educational value. Consideration will be
				given to a project's value in educating and informing the public about the life
				history and needs of fish and wildlife.
(5) Capabilities of volunteer groups. When
				considering the approval of a new project, or the renewal or refunding of an
				existing project, the relative success of that project and the overall
				capabilities of a particular volunteer group in managing cooperative projects
				and producing results will be considered, including the amount of department
				supervision and assistance required to accomplish the project.
(6) Project types. The department shall
				encourage and support the development and operation of cooperative projects of
				the following types:
(a) Cooperative food fish
				and game fish enhancement projects.
(b) Cooperative fish and wildlife habitat
				improvement projects.
(c)
				Cooperative fish or wildlife research projects.
(d) Cooperative game bird and game animal
				projects.
(e) Cooperative
				information and education projects.
(f) Cooperative nongame wildlife
				projects.
(g) Cooperative shellfish
				projects.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-620 - Volunteer cooperative fish and wildlife enhancement program › Section 220-620-050 - Acceptance or rejection of proposals

Current through Register Vol. 24-14, July 15, 2024
(1) The terms and conditions for an
				acceptable project will be set forth in a written contract between the
				department and the volunteer group and provide specifics for project
				implementation. Agreements may be for up to five years.
(2) Each approved agreement will include the
				following, when determined by the department to be necessary or appropriate:
(a) Permit to release fish or
				wildlife.
(b) Procedures for
				applying for a hydraulic project approval (HPA).
(c) Description of methods that will be used
				to provide the volunteer group with fish, eggs, wildlife, fish food or other
				available supplies which will be obtained from the department.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-620 - Volunteer cooperative fish and wildlife enhancement program › Section 220-620-060 - Termination or revocation of agreements

Current through Register Vol. 24-14, July 15, 2024
(1) The department may revoke approval and
				terminate agreements for cause. Grounds for termination include:
(a) Violation of the agreement
				provisions.
(b) The development of
				unacceptable biological or resource management conflicts.
(c) The unavailability of adequate financial
				or biological resources to continue participation by the department.
(d) If any fish or wildlife laws or
				regulations have been violated.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-620 - Volunteer cooperative fish and wildlife enhancement program › Section 220-620-070 - Project recovery of reimbursable expenses

Current through Register Vol. 24-14, July 15, 2024
Cooperative projects which rear salmon have the potential
				  for generating income from the sale of surplus salmon carcasses and eggs
				  derived from fishes produced at those projects, and to which salmon return to
				  spawn at the end of their life cycle. If the department determines that it is
				  appropriate to do so, such cooperative projects may, under the guidance of the
				  department and by administrative rules and guidelines established for this
				  purpose, recover some of the cooperative projects operating costs through the
				  sale of nonviable salmon eggs and carcasses. It is understood that the primary
				  objective of this provision is not to establish projects which constitute fish
				  farms, but to allow those projects which may generate surplus fish which elude
				  sport, commercial or tribal fisheries to sell the resulting surplus to help
				  defray the cost of the particular cooperative project.
(1) In order for a project to recover
				reimbursable expenses, the project must have an annual budget presubmit-ted and
				approved by the department. The budget must generally show expected expenses,
				including the names of all persons expected to draw salaries as hired
				labor.
(2) Under administrative
				rules developed for this purpose, the cooperative project may sell nonviable
				salmon eggs and carcasses by soliciting competitive bids from approved buyers,
				as determined by the department.
(3) Volunteer cooperative project surplus
				salmon eggs shall be sold as prescribed by chapter 220-304 WAC, Surplus salmon
				eggs.
(4) All moneys generated by
				such sales shall be paid to the department and placed into a special account
				used solely to fund the reimbursable expenses of the cooperative project which
				generated the funds.
(5) In order
				to utilize the funds generated by such sales, a cooperative project must submit
				a list of expenses accompanied by original invoices, including signed time
				sheets for hired labor salary expenses, which clearly shows that the expenses
				relate to the presubmitted budget for the project which comply with all
				accounting and contract requirements.
(6) Reimbursable expenses shall be limited to
				the actual annual operating expenses of the project. No profit may be realized
				by the project, and no moneys shall apply to amortization or
				depreciation.
(7) Viable surplus
				salmon eggs may not be sold, bartered, exchanged or disposed of by any
				volunteer group.
(8) Surplus salmon
				carcass sales may not be allowed if the department determines that they would
				be more appropriately utilized to reseed streams in an effort to restore or
				enhance habitat through nutrient enrichment.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-630 - Regional fisheries enhancement groups › Section 220-630-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this section is to establish regional
				  fisheries enhancement groups, adopt procedures for the implementation of
				  enhancement projects, and provide for accountability.
Statutory Authority: 1989 c 426 and RCW 75.08.080.
					 90-04-026 (Order 90-06), §
											220-140-001, filed 1/30/90,
					 effective 3/2/90.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-630 - Regional fisheries enhancement groups › Section 220-630-020 - Regional fisheries enhancement groups - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
(1) "Regional fisheries enhancement group" or
				"group" means a nonprofit association established in compliance with Title 24
				RCW, representing diverse interests, and which will work together within a
				predesignated area for the express purpose of enhancing salmon production and
				habitat in that area.
(2) "Regional
				fisheries enhancement group's project surplus viable salmon eggs" means those
				viable salmon eggs that are surplus to both the needs of the department and
				other public entities within the state and to the group itself. The priority
				for use of viable salmon eggs is as established in chapter 220-304
				WAC.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-630 - Regional fisheries enhancement groups › Section 220-630-040 - Establishing a regional fisheries enhancement group

Current through Register Vol. 24-14, July 15, 2024
(1) In order to establish a regional
				fisheries enhancement group, interested parties must make application through
				the department. In order to qualify to establish a group, interested parties
				must:
(a) Identify which geographic region
				the interested parties live in.
(b)
				Identify the interested parties, including addresses.
(c) Identify a representative who will work
				with the department on the initial application.
(d) Agree to form a nonprofit corporation,
				registered with the secretary of state of the state of Washington.
(e) Agree to periodic audits by the
				department, or its representative.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-630 - Regional fisheries enhancement groups › Section 220-630-050 - Regional fisheries enhancement groups - Project funds from the sale of surplus salmon

Current through Register Vol. 24-14, July 15, 2024
carcasses and eggs.
(1) Regional fisheries enhancement groups
				whose projects produce surplus salmon carcasses and eggs may request that the
				department sell such surplus, providing the following conditions are met:
(a) Salmon must be returning to a department
				approved group facility (hatchery, trap or weir);
(b) An approved and current salmon rearing
				project must be on file with the department;
(c) The department must declare that a
				surplus exists beyond the needs of the department, tribes, other public
				entities, and group project requirements; and
(d) Use of funds generated by such sale will
				be approved by the regional fisheries enhancement group advisory board and the
				department, using the same procedure as established for handling moneys
				allocated from the regional fisheries enhancement group account.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-630 - Regional fisheries enhancement groups › Section 220-630-060 - Funding the regional fisheries enhancement group account

Current through Register Vol. 24-14, July 15, 2024
The department shall deposit into the regional fisheries
				  enhancement group account the sum of $297,500 during fiscal year 2000, based on
				  297,500 food fish anglers. Beginning in fiscal year 2001, and each year
				  thereafter, the deposit into the regional fisheries enhancement group account
				  shall be adjusted annually to reflect the actual number of license holders
				  fishing for food fish based on an annual survey from the previous license year
				  conducted by the department beginning with the April 1, 1999, to March 31,
				  2000, license year survey. Additional deposits to the regional fisheries
				  enhancement group account will be made pursuant to RCW
				  75.50.100.
Statutory Authority:
					 RCW
					 77.32.440. 99-17-096 (Order 99-128), §
											220-140-050, filed 8/17/99,
					 effective 9/17/99. Statutory Authority: RCW 75.54.140 and 75.32.370. 99-02-040
					 (Order 98-263), §
											220-140-050, filed 12/31/98,
					 effective 1/1/99.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-010 - Aquatic invasive species-Provisions

Current through Register Vol. 24-14, July 15, 2024
The following provisions apply to all nonnative aquatic
				  animal species except nonnative species in ballast water, which are provided
				  for in chapter 220-650 WAC. The definitions of invasive species, prohibited
				  species and regulated species as used in this section are the same as in
				  RCW
				  77.135.010.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-011 - Failure to stop at mandatory AIS check station-Infraction

Current through Register Vol. 24-14, July 15, 2024
Any person who fails to stop at a mandatory check station is
				  guilty of a gross misdemeanor under
				  RCW
				  77.15.809; however, if a person has never
				  been previously issued either a citation or warning for this violation, the
				  violation may be issued as an infraction under
				  RCW
				  77.15.160.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-020 - Aquatic invasive species classification

Current through Register Vol. 24-14, July 15, 2024
Prior to or at the time of classifying species by rule as
				  prohibited or regulated, the department, in consultation with the invasive
				  species council, must adopt rules establishing standards for determining
				  invasive risk levels and criteria for determining beneficial use that take into
				  consideration environmental impacts, and especially effects on the preservation
				  of native species, salmon recovery, and threatened or endangered
				  species.
Statutory Authority: RCW 77.12.040. 99-08-024 (Order
					 99-19), §
											232-12-01701, filed 3/29/99,
					 effective 4/29/99. Statutory Authority:
					 RCW
					 77.12.020 and 77.12.040. 96-15-096 (Order
					 96-80), §
											232-12-01701, filed 7/19/96,
					 effective 8/19/96.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-030 - Prohibited level 1 species

Current through Register Vol. 24-14, July 15, 2024
The following species are classified as prohibited level 1
				  species:
(1) Molluscs: Family
				Dreissenidae: Zebra and quagga mussels: Dreissena polymorpha and Dreissena
				rostriformis bugensis.
(2)
				Crustaceans:
(a) Family Grapsidae: Mitten
				crabs: All members of the genus Erochier.
(b) Family Portunidae: European green crab,
				Carcinus maenas.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-051 - Lawful possession of dead prohibited level 3 species for personal or commercial use-Allowable forms-Records required

Current through Register Vol. 24-14, July 15, 2024
(1) It is lawful to possess dead prohibited
				level 3 species for human or animal consumption use. For purpose of this rule,
				"dead" is defined as the following forms:
(a)
				Fully cooked;
(b) Frozen
				solid;
(c) Canned or otherwise
				vacuum-sealed in a container;
(d)
				Preserved by drying, salting, or pickling; or
(e) Raw/fresh if the head has been removed
				and/or all the internal organs have been removed.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-060 - Regulated Type A species

Current through Register Vol. 24-14, July 15, 2024
The following species are classified regulated Type A
				  species:
(1) Fish:
(a) All nonnative fish classified as food
				fish under WAC
				220-300-370
				and game fish under WAC
				220-300-380.
(b) Family Cichlidae: Tilapia: All members of
				the genera Tilapia, Oneochromis, and Sartheradon.
(c) Family Clupeidae: Alewife, Alosa
				pseudoharengus.
(d) Family
				Cyprinidae:
(i) Common carp, koi, Cyprinus
				carpio.
(ii) Goldfish, Carassius
				auratus.
(iii) Tench, Tinca
				tinca.
(iv) Grass carp (in the
				triploid form), Ctenopharyngodon idella.
(e) Family Poeciliidae: Mosquito fish,
				Gambusia affinis.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-070 - Regulated Type B species

Current through Register Vol. 24-14, July 15, 2024
The following species are automatically classified as
				  regulated Type B species and do not require listing by rule:
(1) A nonnative aquatic animal species not
				listed under WAC
				220-640-030
				Prohibited level 1 species, WAC
				220-640-040
				Prohibited level 2 species, WAC
				220-640-050
				Prohibited level 3 species, or WAC
				220-640-060
				Regulated Type A species; and
(2) A
				nonnative aquatic animal species possessed for personal or commercial purposes,
				such as for aquariums, live food markets, or as nondomesticated pets.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-080 - Regulated Type C species

Current through Register Vol. 24-14, July 15, 2024
The following species are classified as regulated Type C
				  species and do not require listing by rule:
(1) A nonnative aquatic animal species not
				listed under WAC
				220-640-030
				Prohibited level 1 species, WAC
				220-640-040
				Prohibited level 2 species, WAC
				220-640-050
				Prohibited level 3 species, or WAC
				220-640-060
				Regulated Type A species; and
(2)
				All other nonnative aquatic animal species that do not meet the criteria for
				automatic classification as a regulated Type B species.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-100 - Scientific research/display permits and monitoring and control programs-Requirements for possession of prohibited species

Current through Register Vol. 24-14, July 15, 2024
It is unlawful to introduce into the state or possess a
				  prohibited level 1, level 2, or level 3 species except as provided in this
				  section.
(1) Scientific research or
				display permit: The director may authorize, by prior written permit, a person
				to possess prohibited level 1, prohibited level 2, or prohibited level 3
				species specimens for scientific research or display, provided that:
(a) Specimens are confined to a secure
				facility, defined as an enclosure that will prevent the escape or release of
				the prohibited species to include all stages of species development and body
				parts;
(b) Facility is not a
				natural watercourse, and is also inaccessible to wildlife or other animals that
				could transport prohibited species to include all stages of species development
				and body parts;
(c) Specimens are
				not transferred to any other facility without written approval by the director
				or designee;
(d) All zebra and
				quagga mussels are incinerated or chemically preserved at the conclusion of the
				project, and the enclosure, holding waters and all equipment are
				decontaminated. All other prohibited species must be killed at the conclusion
				of the project and either chemically preserved or disposed of in a landfill;
				and
(e) The permittee must provide
				an annual report to the department, no later than January 31st of the following
				year, on a form provided by the department, describing the number, size, and
				location of prohibited species enclosures and general nature of the
				research.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-110 - Importation of live aquatic organisms-Required certification of "zebra/quagga mussel free"

Current through Register Vol. 24-14, July 15, 2024
(1) It is
				unlawful to import live aquatic organisms, including plants, for release into
				state waters from any state or Canadian province east of the Continental Divide
				without each importation being accompanied by a zebra mussel (Dreissena
				polymorpha)/Quagga mussel (Dreissena ros-triformis bugensis)-free certificate
				issued by the department and signed by the supplier of the aquatic
				organisms.
(2) The original
				receiver in the state of Washington of the shipment of aquatic organisms is
				required to retain the zebra and quagga mussel-free certificate for two
				years.
(3) Secondary receivers,
				while in possession of live aquatic organisms, are required to retain invoices
				or other records showing who the original receiver was.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-120 - Capture of prohibited in Washington waters-Requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Capture of prohibited species in state
				waters: Any Prohibited level 1, level 2, or level 3 species that are captured
				in state waters must be:
(a) Immediately
				killed and removed from within the riparian perimeter of the body of water;
				or
(b) Immediately returned to the
				water from which the species was captured.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-130 - Allowable possession of prohibited species if acquired prior to classification-Requirement of documentation

Current through Register Vol. 24-14, July 15, 2024
A person who possessed a prohibited level 1, level 2, or
				  level 3 species prior to the time the species was classified as prohibited may
				  continue to hold the animal or animals for the life of the animals, provided
				  that:
(1) The person must maintain
				proof of possession prior to the classification.
(2) The animals may not be transferred to
				another owner within the state.
(3)
				The person must comply with all provisions of this section.
(4) The animals must be prevented from
				reproducing, or if prevention is impracticable, the progeny must be
				destroyed.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-640 - Invasive/nonnative species › Section 220-640-200 - Deleterious exotic wildlife

Current through Register Vol. 24-14, July 15, 2024
(1) The
				following animals are hereby designated as deleterious exotic wildlife:
(a) Birds: In the family Anatidae, the mute
				swan (Cygnus olor).
(b) Mammals:
(i) In the family Viverridae, the mongoose
				(all members of the genus Herpestes).
(ii) In the family Suidae, the wild boar (Sus
				scrofa and all wild hybrids).
(iii)
				In the family Tayassuidae, the collared peccary (javelina) (Tayassu
				tajacu).
(iv) In the family
				Bovidae, all members and hybrids of the following genera: Rupicapra (Chamois);
				Hemitragus (Tahr); Capra (goats, ibexes except domestic goat Capra (hircus));
				Ammotragus (Barbary sheep or Aoudad); Ovis (sheep), except domestic sheep Ovis
				aries; Damaliscus (Sass-abies); Alcelaphus buselaphus (Hartebeest); and
				Conno-chaetes (Wildebeests).
(v) In
				the family Cervidae, the European red deer (Cervus elaphus elaphus), all
				nonnative subspecies of Cervus ela-phus, and all hybrids with North American
				elk; Fallow deer (Dama dama), Axis deer (Axis axis), Rusa deer or Sambar deer
				(Cervus unicolor, Cervus timorensis, Cervus mariannus and Cervus alfredi), Sika
				deer (Cervus Nippon), Reindeer (all members of the genus Rangifer except
				Rangifer tarandus caribou), and Roedeer (all members of the genus
				Capreolus).
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-650 - Ballast water › Section 220-650-010 - Purpose, stakeholder consultation, and cooperative management

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
(a) These rules apply
				to vessels as recognized under
				RCW
				77.120.020. Owners or operators of vessels to
				which this chapter does not apply are encouraged to voluntarily comply to the
				extent possible.
(b) These rules
				are provided to fulfill the legislative general directives under chapter 77.120
				RCW and the specific directives under
				RCW
				77.120.030(3), "to ensure
				that the discharge of ballast water poses minimal risk of introducing
				nonindigenous species."
(c) As
				directed by statute and in response to scientific evidence gathered since the
				state ballast water management program was first established in 2000, the
				approach to meet this directive is to encourage vessel owners or operators to
				reduce the volume of ballast water discharged, phase-out the ballast water open
				sea exchange requirement, and replace open sea exchange with an effective
				ballast water discharge performance standard.
(d) The legislature, in recognizing the
				complexity, evolving science, and technological challenges of ballast water
				management, gave the department broad authority under
				RCW
				77.120.030(3) and
				77.120.040(5)
				to develop discharge standards that pose minimum risk of introducing
				non-indigenous species. To assure the legislature that this authority is
				applied in a transparent and accountable manner, the department met the three
				key conditions required by statute. First, the rules were developed in
				consultation with advisors from the regulated industries and potentially
				affected parties as required in
				RCW
				77.120.040(5) and as
				identified in subsection (2) of this section. Second, the rules were developed
				in consideration of the extent to which the requirement for a discharge
				performance standard is technologically and practically feasible. Third, the
				rules were developed to complement, to the extent practical and appropriate,
				current ballast water management regulations of the United States Coast Guard
				(USCG), the International Maritime Organization (IMO), and the state of
				Oregon.
(e) In the absence of a
				national discharge performance standard, these rules were developed to
				complement, and promote consistency along the west coast in accordance with,
				the West Coast Governor's Agreement on Ocean Health 2008 Action Plan, Action
				2.3, and the Puget Sound Partnership's 2008 Action Agenda, Priority A.5.2,
				Near-term Actions 1 and 2. When a national discharge standard is developed, the
				department will assess these rules for consistency, as practical and
				appropriate.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-650 - Ballast water › Section 220-650-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1)
In
				general.
The definitions herein are provided solely for the purposes of
				ballast water management unless otherwise noted. Nonindigenous species and
				ballast water management definitions from
				RCW
				77.08.010 and
				77.120.010 are included as noted
				to provide a comprehensive listing of terms used in this chapter.
(2)
"Ballast tank"
means any
				vessel tank or hold used for carrying ballast water, whether or not the tank or
				hold was designed for that purpose.
(3)
"Ballast water"
means any
				water and matter taken on board a vessel to control or maintain trim, draft,
				stability, or stresses of the vessel, without regard to the manner in which it
				is carried. This includes matter suspended in such water per USCG regulations
				under Title 33 C.F.R., Part 151.1504.
(4)
"Ballast water capacity"
means the total volumetric capacity of any tanks, spaces, or compartments on a
				vessel used for carrying, loading or discharging ballast water, including any
				multiuse tank, space or compartment designed to allow carriage of ballast
				water.
(5)
"Ballast Water
				Reporting Form"
or
"reporting form"
means either a USCG or
				an IMO ballast water reporting form pursuant to USCG regulations under Title 33
				C.F.R., Part 151.2045.
(6)
"Commission"
means the state fish and wildlife
				commission.
(7)
"Concurrent
				waters of the Columbia River"
means those waters of the Columbia River
				that coincide with the Washington-Oregon state boundary.
(8)
"Constructed"
means a stage
				of vessel construction wherein:
(a) The keel
				is laid;
(b) Construction
				identifiable with a specific vessel begins;
(c) Assembly of the vessel has commenced and
				comprises at least fifty tons or one percent of the estimated mass of all
				structural material, whichever is less; or
(d) The vessel undergoes a major
				conversion.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-650 - Ballast water › Section 220-650-040 - Vessel inspections

Current through Register Vol. 24-14, July 15, 2024
(1)
In general.
Department employees shall have the right to board and
				inspect vessels, without advance notice, to provide technical assistance,
				assess compliance, and enforce the requirements of this chapter as provided in
				RCW
				77.120.070, so long as such inspections are
				conducted in accordance with the standards set forth herein.
The department intends, as resources allow, to board between
				  five and ten percent of all vessels arriving at Washington ports each year,
				  with a priority for inspections of vessels carrying high risk ballast water as
				  described in WAC
				  220-650-050.
				  Multiple boardings of an individual vessel may occur throughout the year,
				  depending on the vessel's risk and compliance history.
(2)
Conditions.
Department
				inspections shall be conducted under the following conditions:
(a) Authorized department inspectors:
				Inspections shall be conducted only by department employees, agents, or
				contractors specifically authorized by the department to conduct such
				inspections.
(b) Time: Inspections
				may be conducted at any time, due to the twenty-four hour nature of the
				regulated industry. In general, the department will not unduly interrupt normal
				cargo operations of the vessel. However, the department may interrupt vessel
				cargo operations where facts indicate that the discharge of unexchanged or
				untreated ballast water or sediment is occurring or is likely
				imminent.
(c) Location: Inspections
				may be conducted when the vessel is at anchor within waters of the state or in
				port within waters of the state.
(d) Scope of inspection: The department
				inspector shall limit inspection of the vessel to those areas reasonably
				necessary to inspect management plans, logs, or other ballast water and
				sediment-related records required by these rules and maintained on board the
				vessel, and to areas in which ballast water or sediment is contained, pumped,
				or treated. Inspectors may examine records related to ballast water management
				plans, logs, or other ballast water and sediment-related records and make
				copies of such records.
(e)
				Identification: Department inspectors must have official identification,
				announce their presence and intent at the time of inspection, perform their
				duties in a safe and professional manner, and follow all appropriate ship
				safety requirements.
(f) Vessel
				escort: The vessel owner or operator will provide an employee to escort the
				department inspector to those areas of the vessel that are subject to
				inspection under these rules.
(g)
				Safety: Nothing in this section relieves the vessel owner or operator of the
				responsibility for ensuring the safety and stability of the vessel or the
				safety of the crew and passengers.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-650 - Ballast water › Section 220-650-050 - Vessels carrying high risk ballast water

Current through Register Vol. 24-14, July 15, 2024
(1)
In general.
The department
				will identify, publish, and maintain a list of vessels that pose an elevated
				risk of discharging ballast water or sediment containing nonindigenous species
				into the waters of the state. Vessels on this list will be prioritized for
				evaluation and boarding under WAC
				220-650-040
				and may require completion of an approved temporary compliance plan and/or
				temporary alternative strategy under WAC
				220-650-060.
(2)
Listing.
The department will
				identify vessels that are carrying high risk ballast water using factors
				including, but not limited to:
(a) A
				nonindigenous species profile of originating waters;
(b) The volume and frequency of exchanged
				ballast water normally discharged;
(c) Design limitations in vessels that
				prevent effective exchanges;
(d)
				Frequency of voyages within coastal areas where exchange outside fifty nautical
				miles is not a viable option;
(e)
				Frequency and severity of vessel or vessel owner or operator violation history;
				and
(f) Frequency of vessel claims
				for safety exemptions.