title: RCW 77.32.555

text:
(1) In addition to the fees authorized in this chapter, the department shall include a surcharge to fund biotoxin testing and monitoring by the department of health of beaches used for recreational shellfishing, and to fund monitoring by the Olympic region harmful algal bloom program of the Olympic natural resources center at the University of Washington. The surcharge on recreational shellfish licenses cannot be increased more than one dollar and can only be increased when the surcharge for commercial shellfish licenses is increased. A surcharge of four dollars applies to resident and nonresident shellfish and seaweed licenses as authorized by *RCW 77.32.520(3) (a) and (b); a surcharge of three dollars applies to resident and nonresident adult combination licenses as authorized by **RCW 77.32.470(2)(a); a surcharge of three dollars applies to annual resident and nonresident razor clam licenses as authorized by *RCW 77.32.520(4); and a surcharge of two dollars applies to the three-day razor clam license authorized by *RCW 77.32.520(5). Amounts collected from these surcharges must be deposited in the biotoxin account created in subsection (3) of this section. The department may not use any amounts collected from these surcharges to pay for its administrative costs.
(2) Any moneys from surcharges remaining in the general fund—local account after the 2007-2009 biennium must be transferred to the biotoxin account created in subsection (3) of this section and be credited to the appropriate institution. The department of health and the University of Washington shall, by December 1st of each year, provide a letter to the relevant legislative policy and fiscal committees on the status of expenditures. This letter shall include, but is not limited to, the annual appropriation amount, the amount not expended, account fund balance, and reasons for not spending the full annual appropriation.
(3) The biotoxin account is created in the state treasury to be administered by the department of health. All moneys received under subsection (1) of this section must be deposited in the account and used by the department of health and the University of Washington as required by subsection (1) of this section. Of the moneys deposited into the account, one hundred fifty thousand dollars per year must be made available to the University of Washington to implement subsection (1) of this section. Moneys in the account may be spent only after appropriation.
[ 2015 c 254 s 1; 2009 c 577 s 1; 2005 c 416 s 1; 2004 c 248 s 2; 2003 c 263 s 2.]
Notes:
Reviser's note: *(1) RCW 77.32.520 was amended by 2025 c 328 s 13, deleting subsections (3), (4), and (5).
**(2) RCW 77.32.470 was amended by 2025 c 328 s 11, changing subsection (2)(a) to subsection (1)(a).
Effective date—2009 c 577: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009." [ 2009 c 577 s 2.]
Effective date—2005 c 416: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 11, 2005]." [ 2005 c 416 s 2.]
Findings—2003 c 263: "The legislature finds that testing and monitoring of beaches used for recreational shellfishing is essential to ensure the health of recreational shellfishers. The legislature also finds that it is essential to have a stable and reliable source of funding for such biotoxin testing and monitoring. The legislature also finds that the cost of the resident and nonresident personal use shellfish and seaweed licenses is undervalued and not properly aligned with neighboring states and provinces." [ 2003 c 263 s 1.]
Effective date—2003 c 263: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003." [ 2003 c 263 s 4.]

catchline: Surcharge to fund biotoxin testing and monitoring—Algal bloom program—Biotoxin account.


doc_type: statute

jurisdiction: wa

title: RCW 77.32.560

text:
(1) The department may sell watchable wildlife decals. Proceeds from the sale of the decal must be deposited into the limited fish and wildlife account created in RCW 77.12.170(1) and must be dedicated to the support of the department's watchable wildlife activities. The department may also use proceeds from the sale of the decal for marketing the decal and for marketing watchable wildlife activities in the state.
(2) The term "watchable wildlife activities" includes but is not limited to: Initiating partnerships with communities to jointly develop watchable wildlife projects, building infrastructure to serve wildlife viewers, assisting and training communities in conducting wildlife watching events, developing destination wildlife viewing corridors and trails, tours, maps, brochures, and travel aides, and offering grants to assist rural communities in identifying key wildlife attractions and ways to protect and promote them.
(3) The commission must adopt by rule the cost of the watchable wildlife decal. A person may, at their discretion, contribute more than the cost as set by the commission by rule for the watchable wildlife decal in order to support watchable wildlife activities.
[ 2020 c 148 s 22; 2011 c 320 s 18; 2009 c 333 s 42; 2003 c 317 s 2.]
Notes:
Intent—Effective date—2020 c 148: See notes following RCW 77.12.170.
Effective date—2011 c 320: See note following RCW 79A.80.005.
Findings—Intent—2011 c 320: See RCW 79A.80.005.
Findings—2003 c 317: "The legislature finds that healthy wildlife populations significantly contribute to the economic vitality of Washington's rural areas through increased opportunities for watchable wildlife and related tourism. Travel related to watchable wildlife is one of the fastest growing segments of the travel industry. Much of this travel occurs off-season, creating jobs and providing revenue to local businesses and governments during otherwise slow periods. The watchable wildlife industry is particularly important to Washington's rural economies.
The legislature also finds that it is vital to support programs that enhance watchable wildlife activities and tourism, while also protecting the wildlife resources that attract the viewers. A revenue source must be created and directed to the watchable wildlife programs of the department of fish and wildlife to develop watchable wildlife opportunities in cooperation with other local, state, and federal agencies, and nongovernmental organizations." [ 2003 c 317 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Watchable wildlife decals.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 77.32.565

text:
(1) In order to facilitate hunting and fishing opportunities for a terminally ill person, the director may provide any licenses, tags, permits, stamps, and other fees without charge including transaction and dealer fees.
(2) The director may accept special permits or other special hunting opportunities, including raffle tags, auction tags, and multiple season opportunities from donors seeking to facilitate hunting opportunities for a terminally ill person. The director shall distribute these donations pursuant to rules adopted under subsection (4) of this section.
(3) The director may take other actions consistent with facilitating hunting and fishing opportunities for a terminally ill person. These actions may include, but are not limited to, entering into agreements with willing landowners pursuant to RCW 77.12.320.
(4) In addition to rules required under subsection (2) of this section, the commission may adopt rules as necessary to effectuate the purpose and policies of this section.
[ 2008 c 10 s 1.]
Notes:
Short title—2008 c 10: "This act may be known and cited as the Senator Bob Oke memorial act." [ 2008 c 10 s 4.]

catchline: Hunting and fishing opportunities for a terminally ill person—Provision of a license, tag, permit, or stamp without a fee—Rule-making authority.


title: RCW 77.32.570

text:
(1) In order to effectively manage wildlife in areas or at times when a higher proficiency and demonstrated skill level are needed for resource protection or public safety, the department establishes the master hunter permit program. The master hunter permit program emphasizes safe, ethical, responsible, and lawful hunting practices. Program goals include improving the public's perception of hunting and perpetuating the highest hunting standards.
(2) A master hunter permit is required to participate in controlled hunts to eliminate problem animals that damage property or threaten public safety. The commission may establish by rule the requirements an applicant must comply with when applying for or renewing a master hunter permit including, but not limited to, a criminal background check. The director may establish an advisory group to assist the department with administering the master hunter permit program.
(3) Funds generated under this section must be deposited into the fish and wildlife enforcement reward account established in RCW 77.15.425, and the funds must be used exclusively to administer the master hunter permit program.
[ 2025 c 328 s 14; 2009 c 333 s 15.]
Notes:
Effective date—2025 c 328: See note following RCW 77.08.010.

catchline: Master hunter permit program—Funds generated to be deposited into the fish and wildlife enforcement reward account.


title: RCW 77.32.575

text:
(1) A western Washington pheasant license is required to hunt for pheasant in western Washington.
(2) The license is available as a season option, a youth full season option, or a three-day option.
[ 2025 c 328 s 15; 2009 c 333 s 73.]
Notes:
Effective date—2025 c 328: See note following RCW 77.08.010.

catchline: Western Washington pheasant license.


title: RCW 77.32.585

text:
(1) The department shall permit the release of wild beavers on public and private lands with agreement from the property owner.
(2) The department may limit the release of wild beavers to areas of the state where:
(a) There is a low probability of released beavers becoming a nuisance or causing damage;
(b) Conditions exist for released beavers to improve, maintain, or manage stream or riparian ecosystem functions; and
(c) There is evidence of historic endemic beaver populations.
(3) The department may condition the release of beaver to maximize the relocation's success and minimize risk. Factors that the department may condition include:
(a) Stream gradient;
(b) Sufficiency of the water supply;
(c) Stream geomorphology;
(d) Adequacy of a food source;
(e) Proper site elevation and valley width;
(f) Age of the beavers relocated;
(g) Times of year for capture and relocation;
(h) Requirements for the capture, handling, and transport of the live beavers;
(i) Minimum and maximum numbers of beavers that can be relocated in one area; and
(j) Requirements for the permit holder to initially provide supplemental food and lodge building materials.
(4) The department may require:
(a) Specific training for those involved with capture, handling, and release of beavers; and
(b) The notification of any potentially affected adjacent landowners before permitting the release of wild beavers.
(5) Nothing in this section creates any liability against the state or those releasing beavers nor authorizes any private right of action for any damages subsequently caused by beavers released pursuant to this section.
(6) For the purposes of this section, "beaver" means the American beaver (Castor canadensis).
(7) For the purposes of this section, beavers may only be released to carry out relocation: (a) Between two areas east of the crest of the Cascade mountains; or (b) between two areas west of the crest of the Cascade mountains.
[ 2017 c 82 s 1; 2012 c 167 s 2.]
Notes:
Finding—2012 c 167: "The legislature finds that beavers have historically played a significant role in maintaining the health of watersheds in the Pacific Northwest and act as key agents in riparian ecology. The live trapping and relocating of beavers has long been recognized as a beneficial wildlife management practice, and has been successfully utilized to restore and maintain stream ecosystems for over fifty years. The benefits of active beaver populations include reduced stream sedimentation, stream temperature moderation, higher dissolved oxygen levels, overall improved water quality, increased natural water storage capabilities within watersheds, and reduced stream velocities. These benefits improve and create habitat for many other species, including endangered salmon, river otters, sandhill cranes, trumpeter swans, and other riparian and aquatic species. Relocating beavers into their historic habitat provides a natural mechanism for improving the environmental conditions in Washington's riparian ecosystems without having to resort to governmental regulation or expensive publicly funded engineering projects." [ 2012 c 167 s 1.]

catchline: Release of wild beavers.


title: RCW 77.32.590

text:
(1) In order to facilitate hunting and fishing opportunities for Washington state resident veterans who are eligible for reduced fishing and hunting license fees, based on a service-related disability, under RCW 77.32.480, the department may accept donations from the public so that resident disabled veterans, on a first-come, first-served basis, may elect to utilize a donation towards their purchase of hunting and fishing licenses.
(2) The director may take other actions consistent with facilitating hunting and fishing opportunities for disabled veterans. These actions may include, but are not limited to, entering into agreements with willing landowners pursuant to RCW 77.12.320.
(3) The department shall adopt rules to implement this section and to define the license products, to include the transaction and dealer fees, available for purchase using donated funds.
[ 2018 c 90 s 1.]

catchline: Hunting and fishing license donations—Resident disabled veterans—Rule-making authority.


title: RCW 77.32.600

text:
Recreational fishing fee table
LICENSE TYPES
RESIDENT
NONRESIDENT
RESIDENT SENIOR
YOUTH
RCW
Annual freshwater license
$34.50
$103.50
$6.90
----
77.32.470
Annual saltwater license
$35.19
$72.45
$7.59
----
77.32.470
Annual shellfish/seaweed license
$13.80
$37.26
$6.90
----
77.32.520
Annual combination license
$62.79
$149.73
$21.39
Free
77.32.470
1-day combination license
$11.73
$22.77
$11.73
----
77.32.470
2-day combination license
$17.25
$33.81
$17.25
----
77.32.470
3-day combination license
$21.39
$42.09
$21.39
----
77.32.470
Annual razor clam license
$11.04
$20.70
$11.04
----
77.32.470
3-day razor clam license
$6.90
$6.90
$6.90
----
77.32.520
Catch record cards
1st card free, additional cards $15.18/each
77.32.430
Halibut catch record card
$6.90
$6.90
$6.90
Free
77.32.430
Two-pole endorsement
$17.94
$17.94
$6.90
----
77.32.470
Puget Sound crab endorsement
$10.35
$10.35
$10.35
Free
77.32.430
Puget Sound crab endorsement on 1-3 day temp.
$4.14
$4.14
$4.14
----
77.32.430
1-day charter stamp
$11.73
$11.73
$11.73
----
77.32.470
1-day guide stamp
$11.73
$11.73
$11.73
----
77.32.470
[ 2025 c 328 s 16.]
Notes:
Effective date—2025 c 328: See note following RCW 77.08.010.

catchline: Recreational fishing fee table.


title: RCW 77.32.610

text:
Hunting fee table
LICENSE TYPES
RESIDENT
NONRESIDENT
RESIDENT SENIOR
YOUTH
RCW
Big game
Deer+elk+bear+cougar license
$117.30
$1,076.40
$39.88
$55.20
77.32.450
Deer+elk+bear+cougar license w/discounted small game license
$144.90
$1,197.84
$49.27
$66.24
77.32.450/
77.32.460
Deer+elk license
$103.50
$924.60
$35.19
$48.30
77.32.450
Deer+elk license w/discounted small game license
$130.37
$1,046.04
$44.33
$59.34
77.32.450/
77.32.460
Deer license
$53.82
$542.34
$18.30
$24.84
77.32.450
Deer license w/discounted small game license
$81.42
$663.78
$27.68
$35.88
77.32.450/
77.32.460
Elk license
$60.72
$621.00
$20.64
$24.84
77.32.450
Elk license w/discounted small game license
$88.32
$742.44
$30.03
$35.88
77.32.450/
77.32.460
Bear license
$27.60
$276.00
$9.38
$13.80
77.32.450
Bear license w/discounted small game license
$55.20
$397.44
$18.77
$24.84
77.32.450/
77.32.460
Cougar license
$27.60
$276.00
$9.38
$13.80
77.32.450
Cougar license w/discounted small game license
$55.20
$397.44
$18.77
$24.84
77.32.450/
77.32.460
Moose license (random drawing)
$414.00
$2,070.00
$140.76
$69.00
77.32.450
Mountain goat license (random drawing)
$414.00
$2,070.00
$140.76
$69.00
77.32.450
Bighorn sheep license (random drawing)
$414.00
$2,070.00
$140.76
$69.00
77.32.450
Multiple season deer tag
$173.88
$173.88
$173.88
$173.88
77.32.450
Multiple season elk tag
$227.70
$227.70
$227.70
$227.70
77.32.450
2nd deer license
$82.80
$345.00
$28.15
$27.60
77.32.450
2nd elk license
$82.80
$483.00
$28.15
$27.60
77.32.450
Special hunt permit applications
$8.28
$138.00
$2.82
$4.14
77.32.370
Special hunt permit application - quality
$16.56
$138.00
$5.63
$4.14
77.32.370
Special hunt permit application - multiple season
$8.28
$138.00
$2.82
$4.14
77.32.370/
77.32.450
Hunter education deferral
$24.00
$24.00
$24.00
$24.00
77.32.155
Master hunter permit initial
$69.00
----
$69.00
----
77.32.570
Master hunter permit renew
$34.50
----
$34.50
----
77.32.570
Small game
Small game license
$48.30
$227.70
$16.42
$20.70
77.32.460
3-day small game license
----
$82.80
----
----
77.32.460
Turkey tag #1
$19.32
$55.20
$6.57
Free
77.32.460
Additional turkey tags
$19.32
$82.80
$6.57
$13.80
77.32.460
Migratory bird permit
$20.70
$20.70
$20.70
Free
77.32.350
Western Washington pheasant license
$103.50
$207.00
$16.42
$48.30
77.32.575
Western Washington pheasant - 3-day license
$48.30
$96.60
$16.42
----
77.32.575
Migratory bird authorization
$16.56
$16.56
$5.46
$4.14
77.32.350
Special hunt permit applications - turkey
$8.28
$138.00
$2.82
$4.14
77.32.370
[ 2025 c 328 s 17.]
Notes:
Effective date—2025 c 328: See note following RCW 77.08.010.

catchline: Hunting fee table.


title: RCW 77.32.620

text:
(1) The commission may adopt rules to create and sell combination licenses for all hunting and fishing activities at or below a fee equal to the total cost of the individual license contained within any combination. This includes, but is not limited to, discounts for seniors and those that meet the qualifications, such as veterans who are disabled as specified in RCW 77.32.480. Combination licenses may span one or more license years.
(2) The director may offer temporary discounted promotional pricing to increase angler, hunting, or wildlife viewing participation.
[ 2025 c 328 s 19.]
Notes:
Effective date—2025 c 328: See note following RCW 77.08.010.

catchline: Combination licenses for hunting and fishing activities—Temporary discounted promotional pricing.


title: RCW 77.36.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Claim" means an application to the department for compensation under this chapter.
(2) "Commercial crop" means a horticultural or agricultural product, including the growing or harvested product. For the purposes of this chapter all parts of horticultural trees shall be considered a commercial crop and shall be eligible for claims.
(3) "Compensation" means a cash payment, materials, or service.
(4) "Damage" means economic losses caused by wildlife interactions.
(5) "Immediate family member" means spouse, state registered domestic partner, brother, sister, grandparent, parent, child, or grandchild.
(6) "Livestock" means cattle, sheep, and horses.
(7) "Owner" means a person who has a legal right to commercial crops, livestock, or other property that was damaged during a wildlife interaction.
(8) "Wildlife interaction" means the negative interaction and the resultant damage between wildlife and commercial crops, livestock, or other property.
[ 2013 c 329 s 1. Prior: 2009 c 521 s 184; 2009 c 333 s 54; 1996 c 54 s 2; (2001 c 274 s 2 expired June 30, 2004).]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—2009 c 333 ss 53-66: "Sections *53 through 66 of this act take effect July 1, 2010." [ 2009 c 333 s 69.]
*Reviser's note: Section 53, chapter 333, Laws of 2009 was vetoed by the governor.
Application—2009 c 333 ss 53-66: "Sections *53 through 66 of this act apply prospectively only and not retroactively. Sections *53 through 66 of this act apply only to claims that arise on or after July 1, 2010. Claims under chapter 77.36 RCW that arise prior to July 1, 2010, must be adjudicated under chapter 77.36 RCW as it existed prior to July 1, 2010." [ 2009 c 333 s 67.]
*Reviser's note: Section 53, chapter 333, Laws of 2009 was vetoed by the governor.
Expiration date—2001 c 274 ss 1-3: "The following expire June 30, 2004:
(1) Section 1, chapter 274, Laws of 2001;
(2) Section 2, chapter 274, Laws of 2001; and
(3) Section 3, chapter 274, Laws of 2001." [ 2001 c 274 s 5.]
Effective date—2001 c 274: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [ 2001 c 274 s 6.]

catchline: Definitions.


title: RCW 77.36.030

text:
(1) Subject to limitations and conditions established by the commission, the owner, the owner's immediate family member, the owner's documented employee, or a tenant of real property may trap, consistent with RCW 77.15.194, or kill wildlife that is threatening human safety or causing property damage on that property, without the licenses required under RCW 77.32.010 or authorization from the director under RCW 77.12.240.
(2) The commission shall establish the limitations and conditions of this section by rule. The rules must include:
(a) Appropriate protection for threatened or endangered species;
(b) Instances when verbal or written permission is required to kill wildlife;
(c) Species that may be killed under this section; and
(d) Requirements for the disposal of wildlife trapped or killed under this section.
(3) In establishing the limitations and conditions of this section, the commission shall take into consideration the recommendations of the Washington state wolf conservation and management plan.
[ 2009 c 333 s 61; 1996 c 54 s 4.]
Notes:
Effective date—Application—2009 c 333 ss 53-66: See notes following RCW 77.36.010.

catchline: Trapping or killing wildlife threatening human safety or causing property damage—Limitations and conditions—Rules.


title: RCW 77.36.070

text:
The department may pay no more than one hundred twenty thousand dollars per fiscal year from the fish, wildlife, and conservation account created in RCW 77.12.170(3) for claims and assessment costs for damage to commercial crops caused by wild deer or elk submitted under RCW 77.36.100.
[ 2020 c 148 s 23; 2009 c 333 s 59; 1996 c 54 s 8.]
Notes:
Intent—Effective date—2020 c 148: See notes following RCW 77.12.170.
Effective date—Application—2009 c 333 ss 53-66: See notes following RCW 77.36.010.

catchline: Limit on total claims from the fish, wildlife, and conservation account per fiscal year.


title: RCW 77.36.080

text:
(1) Unless the legislature declares an emergency under this section, the department may pay no more than $300,000 per fiscal year from the general fund for claims and assessment costs for damage to commercial crops caused by wild deer or elk submitted under RCW 77.36.100.
(2)(a) The legislature may declare an emergency if weather, fire, or other natural events result in deer or elk causing excessive damage to commercial crops.
(b) After an emergency declaration, the department may pay as much as may be subsequently appropriated, in addition to the funds authorized under subsection (1) of this section, for claims and assessment costs under RCW 77.36.100. Such money shall be used to pay wildlife interaction claims only if the claim meets the conditions of RCW 77.36.100 and the department has expended all funds authorized under RCW 77.36.070 or subsection (1) of this section.
[ 2024 c 264 s 2; 2009 c 333 s 60; 1996 c 54 s 9; (2001 c 274 s 3 expired June 30, 2004).]
Notes:
Intent—2024 c 264: "The legislature has historically appropriated $30,000 per fiscal year from the state general fund and $120,000 per fiscal year from the fish, wildlife, and conservation account for the payment of claims for crop damage and tasked the department of fish and wildlife with prioritizing those claims within amounts appropriated. The legislature has never intended to assume responsibility for claims in excess of amounts appropriated in any fiscal year.
Claims awarded or agreed upon prior to June 6, 2024, are in excess of amounts appropriated. The legislature intends to appropriate an additional $184,000 for those claims. No further amounts will be appropriated for payment on those claims. Going forward, the legislature intends to prioritize claims in a more equitable manner that compensates claimants according to the percentage of their loss." [ 2024 c 264 s 1.]
Effective date—Application—2009 c 333 ss 53-66: See notes following RCW 77.36.010.
Expiration date—2001 c 274 ss 1-3: See note following RCW 77.36.010.
Effective date—2001 c 274: See note following RCW 77.36.010.

catchline: Limit on total claims from general fund per fiscal year—Emergency exceptions.


title: RCW 77.36.100

text:
(1)(a) Except as limited by RCW 77.36.070, 77.36.080, 77.36.170, and 77.36.180, the department shall offer to distribute money appropriated to pay claims to the owner of commercial crops for damage caused by wild deer or elk or to the owners of livestock that has been killed by bears, wolves, or cougars, or injured by bears, wolves, or cougars to such a degree that the market value of the livestock has been diminished. Payments for claims for damage to livestock are not subject to the limitations of RCW 77.36.070 and 77.36.080, but may not, except as provided in RCW 77.36.170 and 77.36.180, exceed the total amount specifically appropriated therefor.
(b) Owners of commercial crops or livestock are only eligible for a claim under this subsection if:
(i) The commercial crop owner satisfies the definition of "eligible farmer" in RCW 82.08.855;
(ii) The conditions of RCW 77.36.110 have been satisfied; and
(iii) The damage caused to the commercial crop or livestock satisfies the criteria for damage established by the commission under (c) of this subsection.
(c) The commission shall adopt and maintain by rule criteria that clarifies the damage to commercial crops and livestock qualifying for compensation under this subsection. An owner of a commercial crop or livestock must satisfy the criteria prior to receiving compensation under this subsection. The criteria for damage adopted under this subsection must include, but not be limited to, a required minimum economic loss to the owner of the commercial crop or livestock, which may not be set at a value of less than $500.
(2)(a) Subject to the availability of nonstate funds, nonstate resources other than cash, or amounts appropriated for this specific purpose, the department may offer to provide compensation to offset wildlife interactions to a person who applies to the department for compensation for damage to property other than commercial crops or livestock that is the result of a mammalian or avian species of wildlife on a case-specific basis if the conditions of RCW 77.36.110 have been satisfied and if the damage satisfies the criteria for damage established by the commission under (b) of this subsection.
(b) The commission shall adopt and maintain by rule criteria for damage to property other than a commercial crop or livestock that is damaged by wildlife and may be eligible for compensation under this subsection, including criteria for filing a claim for compensation under this subsection.
(3)(a) To prevent or offset wildlife interactions, the department may offer materials or services to a person who applies to the department for assistance in providing mitigating actions designed to reduce wildlife interactions if the actions are designed to address damage that satisfies the criteria for damage established by the commission under this section.
(b) The commission shall adopt and maintain by rule criteria for mitigating actions designed to address wildlife interactions that may be eligible for materials and services under this section, including criteria for submitting an application under this section.
(4)(a) An owner who files a claim under this section may appeal the decision of the department pursuant to rules adopted by the commission if the claim:
(i) Is denied; or
(ii) Is disputed by the owner and the owner disagrees with the amount of compensation determined by the department.
(b) An appeal of a decision of the department addressing deer or elk damage to commercial crops is limited to $30,000.
(5)(a) Consistent with this section, the commission shall adopt rules setting limits and conditions for the department's expenditures on claims and assessments for commercial crops, livestock, other property, and mitigating actions.
(b) Claims awarded or agreed upon that are unpaid due to being in excess of available funds in the current fiscal year are eligible for payment in the next state fiscal year.
(c) If additional funds are not appropriated by the legislature in the subsequent fiscal year specifically for unpaid claims, then no further payment may be made on the claim.
(d) Claims awarded or agreed upon during a fiscal year must be prioritized for payment based upon the highest percentage of loss, calculated by comparing agreed-upon or awarded commercial crop damages to the gross sales or harvested value of commercial crops for the previous tax year.
(e) The payment of a claim under this section is conditional on the availability of specific funding for this purpose and is not a guarantee of reimbursement.
(6) At least 20 percent of the available funds for damage caused to commercial crops by wild deer and elk must be awarded to claims arising from frontier one counties, as that term is defined in RCW 43.160.020.
(a) If the value of claims submitted from frontier one counties is insufficient to meet the requirements of this section, the remaining available funds may be awarded to any eligible claimant.
(b) For the purposes of this subsection, a claimant is considered to be located in a frontier one county if any portion of the farm property where the damage occurred is located in a frontier one county.
[ 2025 c 185 s 1; 2024 c 264 s 3; 2013 c 329 s 4; 2009 c 333 s 55.]
Notes:
Intent—2024 c 264: See note following RCW 77.36.080.
Effective date—Application—2009 c 333 ss 53-66: See notes following RCW 77.36.010.

catchline: Payment of claims for damage to commercial crops or livestock—Noncash compensation—Offer of materials or services to offset or prevent wildlife interactions—Appeal of decisions—Adoption of rules—Frontier one counties.


title: RCW 77.36.110

text:
(1) No owner may receive compensation for wildlife interactions under this chapter unless the owner has, as determined by the department, first:
(a) Utilized applicable legal and practicable self-help preventive measures available to prevent the damage, including the use of nonlethal methods and department-provided materials and services when available under RCW 77.36.100; and
(b) Exhausted all available compensation options available from nonprofit organizations that provide compensation to private property owners due to financial losses caused by wildlife interactions.
(2) In determining if the requirements of this section have been satisfied, the department may recognize and consider the following:
(a) Property losses may occur without future or anticipated knowledge of potential problems resulting in an owner being unable to take preemptive measures.
(b) Normal agricultural practices, animal husbandry practices, recognized standard management techniques, and other industry-recognized management practices may represent adequate preventative efforts.
(c) Under certain circumstances, as determined by the department, wildlife may not logistically or practicably be managed by nonlethal efforts.
(d) Not all available legal preventative efforts are cost-effective for the owner to practicably employ.
(e) There are certain effective preventative control options not available due to federal or state restrictions.
(f) Under certain circumstances, as determined by the department, permitting public hunting may not be a practicable self-help method due to the size and nature of the property, the property's setting, or the ability of the landowner to accommodate public access.
(3) An owner is not eligible to receive compensation if the damages are covered by insurance.
(4) The commission shall adopt rules implementing this section, including requirements that owners document nonlethal preventive efforts undertaken and all permits issued by the department under RCW 77.12.240 and 77.12.150.
[ 2009 c 333 s 56.]
Notes:
Effective date—Application—2009 c 333 ss 53-66: See notes following RCW 77.36.010.

catchline: Eligibility for compensation under this chapter—Adoption of rules.


title: RCW 77.36.120

text:
The department shall establish:
(1) The form of affidavits or proof required to accompany all claims under this chapter;
(2) The process, time, and methods used to identify and assess damage, including the anticipated timeline for the initiation and conclusion of department action;
(3) How claims will be prioritized when available funds for reimbursement are limited;
(4) Timelines after the discovery of damage by which an owner must file a claim or notify the department;
(5) Protocols for an owner to follow if the owner wishes to undertake activities that would complicate the determination of damages, such as harvesting damaged crops;
(6) The process for determining damage assessments, including the role and selection of professional damage assessors and the responsibility for reimbursing third-party assessors for their services;
(7) Timelines for a claimant to accept, reject, or appeal a determination made by the department;
(8) The identification of instances when an owner would be ineligible for compensation;
(9) An appeals process for an owner eligible for compensation under RCW 77.36.100 who is denied a claim or feels the compensation is insufficient; and
(10) Other policies necessary for administering this chapter.
[ 2009 c 333 s 57.]
Notes:
Effective date—Application—2009 c 333 ss 53-66: See notes following RCW 77.36.010.

catchline: Department's duties.


title: RCW 77.36.130

text:
(1) Except as otherwise provided in this section and as limited by RCW 77.36.100, 77.36.070, 77.36.080, 77.36.170, and 77.36.180, the cash compensation portion of each claim by the department under this chapter is limited to the lesser of:
(a) The value of the damage to the property by wildlife, reduced by the amount of compensation provided to the claimant by any nonprofit organizations that provide compensation to private property owners due to financial losses caused by wildlife interactions. The value of killed or injured livestock may be no more than the market value of the lost livestock subject to the conditions and criteria established by rule of the commission; or
(b) $30,000.
(2) All payments of claims by the department under this chapter must be paid to the owner of the damaged property and may not be assigned to a third party.
(3) The burden of proving all property damage, including damage to commercial crops and livestock, belongs to the claimant.
[ 2024 c 264 s 4; 2013 c 329 s 5; 2009 c 333 s 58.]
Notes:
Intent—2024 c 264: See note following RCW 77.36.080.
Effective date—Application—2009 c 333 ss 53-66: See notes following RCW 77.36.010.

catchline: Limit on cash compensation—Burden of proof.


title: RCW 77.36.140

text:
This chapter represents the exclusive remedy against the state for damage caused by wildlife interactions.
[ 2009 c 333 s 62.]
Notes:
Effective date—Application—2009 c 333 ss 53-66: See notes following RCW 77.36.010.

catchline: Chapter represents exclusive remedy.


title: RCW 77.36.160

text:
(1) Whenever the department receives a request for relocating beaver, the department must inform the requesting party of locations, if available, of surplus beaver available for capture and relocation. The department may identify nuisance beaver or areas with thriving beaver populations as a source population for capturing and relocating beaver.
(2) The department shall post on the agency's website quarterly reports of nuisance beaver activity, beaver trapping, and beaver relocations reported to the department.
[ 2012 c 167 s 3.]
Notes:
Finding—2012 c 167: See note following RCW 77.32.585.

catchline: Request for relocating beaver.


title: RCW 77.36.170

text:
(1) The department may pay no more than fifty thousand dollars per fiscal year from the limited fish and wildlife account created in RCW 77.12.170(1) for claims and assessment costs for injury or loss of livestock caused by wolves submitted under RCW 77.36.100.
(2) Notwithstanding other provisions of this chapter, the department may also accept and expend money from other sources to address injury or loss of livestock or other property caused by wolves consistent with the requirements on that source of funding.
(3) If any wildlife account expenditures authorized under subsection (1) of this section are unspent as of June 30th of a fiscal year, the state treasurer shall transfer the unspent amount to the wolf-livestock conflict account created in RCW 77.36.180.
[ 2021 c 14 s 1; 2020 c 148 s 24; 2014 c 221 s 922; 2013 c 329 s 2.]
Notes:
Effective date—2021 c 14: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2021." [ 2021 c 14 s 2.]
Intent—Effective date—2020 c 148: See notes following RCW 77.12.170.
Effective date—2014 c 221: See note following RCW 28A.710.260.

catchline: Limit on amount paid for injury or loss of livestock caused by wolves—Exceptions.


title: RCW 77.36.180

text:
(1) The wolf-livestock conflict account is created in the custody of the state treasurer. Any transfers under RCW 77.36.170 must be deposited in the account. The department may also deposit into the account any grants, gifts, or donations to the state for the purposes of providing compensation for injury or loss of livestock caused by wolves. Consistent with this chapter, expenditures from the account may be used only for mitigation, assessment, and payments for injury or loss of livestock caused by wolves. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2)(a) The department must maintain a list of claims submitted under RCW 77.36.100, organized chronologically by the date wolf predation is confirmed, for injury or loss of livestock caused by wolves that have been approved for payment but not yet been fully paid by the department. As funding becomes available to the department under this section, RCW 77.36.170, or any other source, the department must pay claims in the chronologic order they appear on the list. The department must maintain, and is authorized to pay, claims that appear on the list due to injury or loss that occurred in a previous fiscal biennium.
(b) The payment of a claim included on the list maintained by the department under this section is conditional on the availability of specific funding for this purpose and is not a guarantee of reimbursement.
[ 2013 c 329 s 3.]

catchline: Wolf-livestock conflict account.


title: RCW 77.36.200

text:
The department shall maintain sufficient staff resources in Ferry and Stevens counties for response to wolf-livestock conflict on an ongoing basis and for coordination with livestock producers on the continued implementation of proactive nonlethal deterrents.
[ 2019 c 450 s 3.]
Notes:
Intent—Finding—2019 c 450: See note following RCW 77.12.395.

catchline: Wolf-livestock conflict—Staff resources in Ferry and Stevens counties.


title: RCW 77.44.005

text:
The legislature declares that the public and private propagation, production, protection, and enhancement of fish is in the public interest.
[ 1991 c 253 s 1. Formerly RCW 77.18.005.]

catchline: Public interest declaration.


title: RCW 77.44.007

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Contract" means an agreement setting at a minimum, price, quantity of fish to be delivered, time of delivery, and fish health requirements.
(2) "Fish health requirements" means those site specific fish health and genetic requirements actually used by the department of fish and wildlife in fish stocking.
(3) "Aquatic farmer" means a private sector person who commercially farms and manages private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession.
(4) "Warm water game fish" includes the following species: Bass, channel catfish, walleye, crappie, and other species as defined by the department.
[ 2000 c 107 s 262; 1993 sp.s. c 2 s 76; 1991 c 253 s 2. Formerly RCW 77.18.010.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.


title: RCW 77.44.010

text:
A warm water game fish enhancement program is created in the department. The enhancement program shall be designed to increase the opportunities to fish for and catch warm water game fish including: Largemouth black bass, smallmouth black bass, channel catfish, black crappie, white crappie, walleye, and tiger musky. The program shall be designed to use a practical applied approach to increasing warm water fishing. The department shall use the funds available efficiently to assure the greatest increase in the fishing for warm water fish at the lowest cost. This approach shall involve the minimization of overhead and administrative costs and the maximization of productive in-the-field activities.
[ 1998 c 191 s 39; 1996 c 222 s 1.]
Notes:
Effective date—1998 c 191: See note following RCW 77.32.410.
Effective dates—1996 c 222: "(1) Sections 1, 2, and 4 through 6 of this act shall take effect July 1, 1996.
(2) Section 3 of this act shall take effect January 1, 1997." [ 1996 c 222 s 8.]

catchline: Warm water game fish enhancement program—Created.


title: RCW 77.44.030

text:
(1) As provided in RCW 77.32.440, a portion of each freshwater and combination fishing license fee shall be deposited into the warm water game fish account.
(2) The department shall use the most cost-effective format in designing and administering the warm water game fish surcharge [account].
(3) A warm water game fish account shall be used for enhancement of largemouth bass, smallmouth bass, walleye, black crappie, white crappie, channel catfish, and tiger musky.
[ 1998 c 191 s 29; 1996 c 222 s 3.]
Notes:
Effective date—1998 c 191: See note following RCW 77.32.410.
Effective dates—1996 c 222: See note following RCW 77.44.010.

catchline: Freshwater, combination fishing license—Disposition of fee.


title: RCW 77.44.040

text:
The goals of the warm water game fish enhancement program are to improve the fishing for warm water game fish using cost-effective management. Development of new ponds and lakes shall be an important and integral part of the program. The department shall work with the department of natural resources to coordinate the reclamation of surface mines and the development of warm water game fish ponds. Improvement of warm water fishing shall be coordinated with the protection and conservation of cold water fish populations. This shall be accomplished by carefully designing the warm water projects to have minimal adverse effects upon the cold water fish populations. New pond and lake development should have beneficial effects upon wildlife due to the increase in lacustrine and wetland habitat that will accompany the improvement of warm water fish habitat. The department shall not develop projects that will increase the populations of undesirable or deleterious fish species such as carp, squawfish, walking catfish, and others.
Fish culture programs shall be used in conditions where they will prove to be cost-effective, and may include the purchase of warm water fish from aquatic farmers defined in RCW 15.85.020. Consideration should be made for development of urban area enhancement of fishing opportunity for put-and-take species, such as channel catfish, that are amenable to production by low-cost fish culture methods. Fish culture shall also be used for stocking of high value species, such as walleye, smallmouth bass, and tiger musky. Introduction of special genetic strains that show high potential for recreational fishing improvement, including Florida strain largemouth bass and striped bass, shall be considered.
Transplantation and introduction of exotic warm water fish shall be carefully reviewed to assure that adverse effects to native fish and wildlife populations do not occur. This review shall include an analysis of consequences from disease and parasite introduction.
Population management through the use of fish toxicants, including rotenone or derris root, shall be an integral part of the warm water game fish enhancement program. However, any use of fish toxicants shall be subject to a thorough review to prevent adverse effects to cold water fish, desirable warm water fish, and other biota. Eradication of deleterious fish species shall be a goal of the program.
Habitat improvement shall be a major aspect of the warm water game fish enhancement program. Habitat improvement opportunities shall be defined with scientific investigations, field surveys, and by using the extensive experience of other state management entities. Installation of cover, structure, water flow control structures, screens, spawning substrate, vegetation control, and other management techniques shall be fully used. The department shall work to gain access to privately owned waters that can be developed with habitat improvements to improve the warm water resource for public fishing.
The department shall use the resources of cooperative groups to assist in the planning and implementation of the warm water game fish enhancement program. In the development of the program the department shall actively involve the organized fishing clubs that primarily fish for warm water fish. The warm water fish enhancement program shall be cooperative between the department and private landowners; private landowners shall not be required to alter the uses of their private property to fulfill the purposes of the warm water fish enhancement program. The director shall not impose restrictions on the use of private property, or take private property, for the purpose of the warm water fish enhancement program.
[ 1996 c 222 s 4.]
Notes:
Effective dates—1996 c 222: See note following RCW 77.44.010.

catchline: Program goals.


title: RCW 77.44.050

text:
The warm water game fish account is created in the state treasury. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the warm water game fish enhancement program, including the development of warm water pond and lake habitat, culture of warm water game fish, improvement of warm water fish habitat, management of warm water fish populations, and other practical activities that will improve the fishing for warm water fish. Funds for warm water game fish as provided in RCW 77.32.440 shall not serve as replacement funding for department-operated warm water fish projects existing on December 31, 1994. During the 2025-2027 fiscal biennium, moneys from the warm water game fish account may be transferred to the fish, wildlife, and conservation account.
[ 2025 c 424 s 985; 2020 c 148 s 25; 2009 c 333 s 43; 1999 c 235 s 1; 1996 c 222 s 5.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Intent—Effective date—2020 c 148: See notes following RCW 77.12.170.
Effective date—1999 c 235: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 1999]." [ 1999 c 235 s 4.]
Effective dates—1996 c 222: See note following RCW 77.44.010.

catchline: Warm water game fish account—Created—Use of moneys.


title: RCW 77.44.060

text:
If the department requires, pursuant to its authority relative to environmental permits or licenses, that resident hatchery game fish be stocked by the permittee or licensee for mitigation of environmental damage, the department shall specify the pounds or numbers, species, stock, and/or race of resident game fish that are to be provided. The department shall offer the permittee or licensee the option of purchasing under contract from aquatic farmers in Washington, those game fish, unless the fish specified by the department are not available from Washington growers.
[ 1991 c 253 s 3. Formerly RCW 77.18.020.]

catchline: Specifications—Purchases from aquatic farmers.


title: RCW 77.44.070

text:
Any agency of state or federal government, political subdivision of the state, private or public utility company, corporation, or sports group, or any purchaser of fish under RCW 77.44.060 may purchase resident game fish from an aquatic farmer for stocking purposes if permit requirements of this title and the department have been met.
[ 2001 c 253 s 53; 1991 c 253 s 4. Formerly RCW 77.18.030.]

catchline: Purchases from aquatic farmers for stocking purposes.


title: RCW 77.50.010

text:
(1) The commission may authorize commercial fishing for sockeye salmon within the waters described in subsection (2) of this section only during the period June 10th to July 25th and for other salmon only from the second Monday of September through November 30th, except during the hours between 4:00 p.m. of Friday and 4:00 p.m. of the following Sunday.
(2) All waters east and south of a line commencing at a concrete monument on Angeles Point in Clallam county near the mouth of the Elwha River on which is inscribed "Angeles Point Monument" (latitude 48° 9' 3" north, longitude 123° 33' 01" west of Greenwich Meridian); thence running east on a line 81° 30' true across the flashlight and bell buoy off Partridge Point and thence continued to longitude 122° 40' west; thence north to the southerly shore of Sinclair Island; thence along the southerly shore of the island to the most easterly point of the island; thence 46° true to Carter Point, the most southerly point of Lummi Island; thence northwesterly along the westerly shore line of Lummi Island to where the shore line intersects line of longitude 122° 40' west; thence north to the mainland, including: The southerly portion of Hale Passage, Bellingham Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, Similk Bay, Saratoga Passage, Holmes Harbor, Possession Sound, Admiralty Inlet, Hood Canal, Puget Sound, and their inlets, passages, waters, waterways, and tributaries.
(3) The commission may authorize commercial fishing for salmon with gill net, purse seine, and other lawful gear prior to the second Monday in September within the waters of Hale Passage, Bellingham Bay, Samish Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, and Similk Bay, to wit: Those waters northerly and easterly of a line commencing at Stanwood, thence along the south shore of Skagit Bay to Rocky Point on Camano Island; thence northerly to Polnell Point on Whidbey Island.
(4) Whenever the commission determines that a stock or run of salmon cannot be harvested in the usual manner, and that the stock or run of salmon may be in danger of being wasted and surplus to natural or artificial spawning requirements, the commission may authorize units of gill net and purse seine gear in any number or equivalents, by time and area, to fully utilize the harvestable portions of these salmon runs for the economic well being of the citizens of this state. Gill net and purse seine gear other than emergency and test gear authorized by the director shall not be used in Lake Washington.
(5) The commission may authorize commercial fishing for pink salmon in each odd-numbered year from August 1st through September 1st in the waters lying inside of a line commencing at the most easterly point of Dungeness Spit and thence projected to Point Partridge on Whidbey Island and a line commencing at Olele Point and thence projected easterly to Bush Point on Whidbey Island.
[ 2002 c 311 s 2; 1998 c 190 s 75; 1995 1st sp.s. c 2 s 25 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 s 46; 1973 1st ex.s. c 220 s 2; 1971 ex.s. c 283 s 13; 1955 c 12 s 75.12.010. Prior: 1949 c 112 s 28; Rem. Supp. 1949 s 5780-301. Formerly RCW 75.12.010.]
Notes:
Findings—2002 c 311: "The legislature finds that the economic well-being and stability of the fishing industry and the conservation of the food fish resources of the state of Washington are best served by providing managers with all available tools to stabilize and distribute the commercial harvest of targeted Puget Sound salmon stocks. In recent years, segments of the industry in cooperation with the department of fish and wildlife have funded studies examining modification of harvest practices and fishing gear, particularly purse seine gear, to minimize or avoid impacts on nontargeted Puget Sound salmon stocks.
The legislature finds that the new Pacific salmon treaty agreement of 1999 will drastically reduce the commercial harvest of Fraser river sockeye salmon while likely providing increased harvest opportunities in areas of Puget Sound where only gill net gear is now authorized. This exclusive limitation is contrary to the long-term needs of the fishing industry and inconsistent with the legislature's intent to stabilize harvest levels while selectively targeting healthy salmon stocks." [ 2002 c 311 s 1.]
Effective date—2002 c 311 s 2: "Section 2 of this act takes effect July 1, 2002." [ 2002 c 311 s 3.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
Legislative declaration: "The preservation of the fishing industry and food fish and shellfish resources of the state of Washington is vital to the state's economy, and effective measures and remedies are necessary to prevent the depletion of these resources." [ 1973 1st ex.s. c 220 s 1.]
Effective dates—1971 ex.s. c 283: See note following RCW 77.65.170.

catchline: Limitations on commercial fishing for salmon in Puget Sound waters.


title: RCW 77.50.020

text:
(1) The commission may authorize commercial fishing for coho salmon in the Pacific Ocean and the Straits of Juan de Fuca only from June 16th through October 31st.
(2) The commission may authorize commercial fishing for chinook salmon in the Pacific Ocean and the Straits of Juan de Fuca only from March 15th through October 31st.
[ 1998 c 190 s 76; 1995 1st sp.s. c 2 s 26 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 s 48; 1955 c 12 s 75.18.020. Prior: 1953 c 147 s 3. Formerly RCW 75.12.015, 75.18.020.]
Notes:
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.

catchline: Limitations on commercial fishing for chinook or coho salmon in Pacific Ocean and Straits of Juan de Fuca.


title: RCW 77.50.030

text:
(1) A person shall not use, operate, or maintain a gill net which exceeds one thousand five hundred feet in length or a drag seine in the waters of the Columbia river for catching salmon.
(2) A person shall not construct, install, use, operate, or maintain within state waters a pound net, round haul net, lampara net, fish trap, fish wheel, scow fish wheel, set net, weir, or fixed appliance for catching salmon or steelhead except under the authority of a trial or experimental fishery permit, when an emerging commercial fishery has been designated allowing use of one or more of these gear types. The director must consult with the commercial fishing interests that would be affected by the trial or experimental fishery permit. The director may authorize the use of this gear for scientific investigations.
(3) The department, in coordination with the Oregon department of fish and wildlife, shall adopt rules to regulate the use of monofilament in gill net webbing on the Columbia river.
[ 2001 c 163 s 2; 1998 c 190 s 77; 1993 sp.s. c 2 s 27; 1985 c 147 s 1; 1983 1st ex.s. c 46 s 52; 1955 c 12 s 75.12.040. Prior: 1949 c 112 s 29; Rem. Supp. 1949 s 5780-303. Formerly RCW 75.12.040.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.

catchline: Salmon fishing gear.


title: RCW 77.50.040

text:
(1) The commission shall adopt rules defining geographical boundaries of the following Columbia river tributaries and sloughs:
(a) Washougal river;
(b) Camas slough;
(c) Lewis river;
(d) Kalama river;
(e) Cowlitz river;
(f) Elokomin river;
(g) Elokomin sloughs;
(h) Skamokawa sloughs;
(i) Grays river;
(j) Deep river;
(k) Grays bay.
(2) The commission may authorize commercial net fishing for salmon in the tributaries and sloughs from September 1st to November 30th only, if the time, areas, and level of effort are regulated in order to maximize the recreational fishing opportunity while minimizing excess returns of fish to hatcheries. The commission shall not authorize commercial net fishing if a significant catch of steelhead would occur.
[ 1998 c 190 s 78; 1984 c 80 s 5; 1983 c 245 s 1. Formerly RCW 75.12.132.]

catchline: Commercial net fishing for salmon in tributaries of Columbia river—Boundaries defined.


title: RCW 77.50.050

text:
The commission shall not authorize use of reef net fishing gear except in the reef net areas described in this section.
(1) Point Roberts reef net fishing area includes those waters within 250 feet on each side of a line projected 129° true from a point at longitude 123° 01' 15" W. latitude 48° 58' 38" N. to a point one mile distant, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6300, published September, 1941, in Washington, D.C., eleventh edition.
(2) Cherry Point reef net fishing area includes those waters inland and inside the 10-fathom line between lines projected 205° true from points on the mainland at longitude 122° 44' 54" latitude 48° 51' 48" and longitude 122° 44' 18" latitude 48° 51' 33", a [as] such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(3) Lummi Island reef net fishing area includes those waters inland and inside a line projected from Village Point 208° true to a point 900 yards distant, thence 129° true to the point of intersection with a line projected 259° true from the shore of Lummi Island 122° 40' 42" latitude 48° 41' 32", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition, revised 11-25-57, save and except that there shall be excluded therefrom all waters lying inside of a line projected 259° true from a point at 122° 40' 42" latitude 48° 41' 32" to a point 300 yards distant from high tide, thence in a northerly direction to the United States Coast and Geodetic Survey reference mark number 2, 1941-1950, located on that point on Lummi Island known as Lovers Point, as such descriptions are shown upon the United States Coast and Geodetic Survey map number 6380 as aforesaid. The term "Village Point" as used herein shall be construed to mean a point of location on Village Point, Lummi Island, at the mean high tide line on a true bearing of 43° 53' a distance of 457 feet to the center of the chimney of a wood frame house on the east side of the county road. Said chimney and house being described as Village Point Chimney on page 612 of the United States Coast and Geodetic Survey list of geographic positions No. G-5455, Rosario Strait.
(4) Sinclair Island reef net fishing area includes those waters inland and inside a line projected from the northern point of Sinclair Island to Boulder reef, thence 200° true to the northwesterly point of Sinclair Island, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(5) Flat Point reef net fishing area includes those waters within a radius of 175 feet of a point off Lopez Island located at longitude 122° 55' 24" latitude 48° 32' 33", as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(6) Lopez Island reef net fishing area includes those waters within 400 yards of shore between lines projected true west from points on the shore of Lopez Island at longitude 122° 55' 04" latitude 48° 31' 59" and longitude 122° 55' 54" latitude 48° 30' 55", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(7) Iceberg Point reef net fishing area includes those waters inland and inside a line projected from Davis Point on Lopez Island to the west point of Long Island, thence to the southern point of Hall Island, thence to the eastern point at the entrance to Jones Bay, and thence to the southern point at the entrance to Mackaye Harbor on Lopez Island; and those waters inland and inside a line projected 320° from Iceberg Point light on Lopez Island, a distance of 400 feet, thence easterly to the point on Lopez Island at longitude 122° 53' 00" latitude 48° 25' 39", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(8) Aleck Bay reef net fishing area includes those waters inland and inside a line projected from the southwestern point at the entrance to Aleck Bay on Lopez Island at longitude 122° 51' 11" latitude 48° 25' 14" southeasterly 800 yards to the submerged rock shown on U.S.G.S. map number 6380, thence northerly to the cove on Lopez Island at longitude 122° 50' 49" latitude 48° 25' 42", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(9) Shaw Island reef net fishing area number 1 includes those waters within 300 yards of shore between lines projected true south from points on Shaw Island at longitude 122° 56' 14" latitude 48° 33' 28" and longitude 122° 57' 29" latitude 48° 32' 58", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(10) Shaw Island reef net fishing area number 2 includes those waters inland and inside a line projected from Point George on Shaw Island to the westerly point of Neck Point on Shaw Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(11) Stuart Island reef net fishing area number 1 includes those waters within 600 feet of the shore of Stuart Island between lines projected true east from points at longitude 123° 10' 47" latitude 48° 39' 47" and longitude 123° 10' 47" latitude 48° 39' 33", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(12) Stuart Island reef net fishing area number 2 includes those waters within 250 feet of Gossip Island, also known as Happy Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(13) Johns Island reef net fishing area includes those waters inland and inside a line projected from the eastern point of Johns Island to the northwestern point of Little Cactus Island, thence northwesterly to a point on Johns Island at longitude 123° 09' 24" latitude 48° 39' 59", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(14) Battleship Island reef net fishing area includes those waters lying within 350 feet of Battleship Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(15) Open Bay reef net fishing area includes those waters lying within 150 feet of shore between lines projected true east from a point on Henry Island at longitude 123° 11' 34 1/2" latitude 48° 35' 27 1/2" at a point 250 feet south, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(16) Mitchell Reef net fishing area includes those waters within a line beginning at the rock shown on U.S.G.S. map number 6380 at longitude 123° 10' 56" latitude 48° 34' 49 1/2", and projected 50 feet northwesterly, thence southwesterly 250 feet, thence southeasterly 300 feet, thence northeasterly 250 feet, thence to the point of beginning, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(17) Smugglers Cove reef fishing area includes those waters within 200 feet of shore between lines projected true west from points on the shore of San Juan Island at longitude 123° 10' 29" latitude 48° 33' 50" and longitude 123° 10' 31" latitude 48° 33' 45", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(18) Andrews Bay reef net fishing area includes those waters lying within 300 feet of the shore of San Juan Island between a line projected true south from a point at the northern entrance of Andrews Bay at longitude 123° 09' 53 1/2" latitude 48° 33' 00" and the cable crossing sign in Andrews Bay, at longitude 123° 09' 45" latitude 48° 33' 04", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
(19) Orcas Island reef net fishing area includes those waters inland and inside a line projected true west a distance of 1,000 yards from the shore of Orcas Island at longitude 122° 57' 40" latitude 48° 41' 06" thence northeasterly to a point 500 feet true west of Point Doughty, then true east to Point Doughty, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition.
[ 1998 c 190 s 79; 1983 1st ex.s. c 46 s 59; 1965 c 64 s 1; 1961 c 236 s 1; 1959 c 309 s 1; 1955 c 276 s 2. Formerly RCW 75.12.140.]

catchline: Reef net salmon fishing gear—Reef net areas specified.


title: RCW 77.50.060

text:
In order to protect the welfare of the citizens of the state of Washington by protecting the natural resources of the state from illegal fishing in state waters, commercial fishing vessels which are not authorized by law to fish for salmon in Washington state waters cannot enter Washington state waters unless all salmon fishing gear is stowed below deck or placed in a position so that it is not readily available for fishing.
[ 1987 c 262 s 1. Formerly RCW 75.12.155.]

catchline: Unauthorized fishing vessels entering state waters.


title: RCW 77.50.070

text:
(1) Except as provided in subsection (2) of this section, the commission shall not authorize gear other than troll gear or angling gear for taking salmon within the offshore waters or the waters of the Pacific Ocean over which the state has jurisdiction lying west of the following line: Commencing at the point of intersection of the international boundary line in the Strait of Juan de Fuca and a line drawn between the lighthouse on Tatoosh Island in Clallam County and Bonilla Point on Vancouver Island; thence southerly to the lighthouse on Tatoosh Island; thence southerly to the most westerly point of Cape Flattery; thence southerly along the state shoreline of the Pacific Ocean, crossing any river mouths at their most westerly points of land, to Point Brown at the entrance to Grays Harbor; thence southerly to Point Chehalis Light on Point Chehalis; thence southerly from Point Chehalis along the state shoreline of the Pacific Ocean to the Cape Shoalwater tower at the entrance to Willapa Bay; thence southerly to Leadbetter Point; thence southerly along the state shoreline of the Pacific Ocean to the inshore end of the North jetty at the entrance to the Columbia River; thence southerly to the knuckle of the South jetty at the entrance to said river.
(2) The commission may authorize the use of nets for taking salmon in the waters described in subsection (1) of this section for scientific investigations.
[ 1998 c 190 s 80; 1993 c 20 s 2; 1983 1st ex.s. c 46 s 60; 1957 c 108 s 3. Formerly RCW 75.12.210.]
Notes:
Purpose—1993 c 20: "The purpose of this act is to correct references to a geographical landmark on Cape Shoalwater that no longer exists. Cape Shoalwater Light has been removed and a new tower has been constructed four hundred yards to the west. It is not intended that this act make any substantive change in the boundaries of the areas described in RCW 75.12.210 and 75.28.012 beyond the minor adjustment necessitated by the replacement of the landmark." [ 1993 c 20 s 1.]
Preamble—1957 c 108: "The state has a vital interest in the salmon resources of the Pacific Ocean both within and beyond the territorial limits of the state, in that a large number of such salmon spawn in its freshwater streams, migrate to the waters of the Pacific Ocean and, in response to their anadromous cycle, return to the freshwater streams to spawn.
Expansion of fishing for salmon by the use of nets in waters of the eastern Pacific Ocean, which has occurred in the past year, will result in a substantial depletion of salmon originating within the state because the salmon runs are intercepted before they separate to move in toward the rivers of their origin. Oregon, California and Canada, through their respective fisheries agencies, have likewise expressed a deep concern over this problem since portions of such salmon originate within their respective jurisdictions. Short of absolute prohibition, it appears to be presently impracticable to regulate salmon net fishing in such waters of the Pacific Ocean by any known scientific fisheries management techniques in order to insure adequate salmon escapement to the three Pacific Coast states and Canada, the reason being that salmon stocks and races are so commingled in such Pacific Ocean waters that they are indistinguishable as to origin until they enter the harbors, bays, straits and estuaries of the respective jurisdictions.
Canada, through its authorized officials, has proposed to prohibit its nationals from net fishing for salmon in Pacific Ocean waters provided the United States or the three Pacific Coast states apply such appropriate conservation measures to their respective citizens. Inasmuch as there is presently no congressional legislation prohibiting such fishing, and inasmuch as authorized officials of the state department of the United States have expressed a desire to have the states act in this area, the Pacific Marine Fisheries Commission has proposed and recommended appropriate legislation to the three Pacific Coast states to insure the survival of their valuable salmon resources." [ 1957 c 108 s 2. Formerly RCW 75.12.200.]

catchline: Limitation on salmon fishing gear in Pacific Ocean.


title: RCW 77.50.080

text:
Within the waters described in RCW 77.50.070, a person shall not transport or possess salmon on board a vessel carrying fishing gear of a type other than troll lines or angling gear, unless accompanied by a certificate issued by a state or country showing that the salmon have been lawfully taken within the territorial waters of the state or country.
[ 2000 c 107 s 13; 1998 c 190 s 81; 1983 1st ex.s. c 46 s 61; 1963 c 234 s 2; 1957 c 108 s 5. Formerly RCW 75.12.230.]
Notes:
Preamble—1957 c 108: See note following RCW 77.50.070.

catchline: Possession or transportation in Pacific Ocean of salmon taken by other than troll lines or angling gear.


title: RCW 77.50.090

text:
The commission shall not authorize commercial bottom trawling for food fish and shellfish in all areas of Hood Canal south of a line projected from Tala Point to Foulweather Bluff and in Puget Sound south of a line projected from Foulweather Bluff to Double Bluff and including all marine waters east of Whidbey Island and Camano Island.
[ 1998 c 190 s 82; 1989 c 172 s 1. Formerly RCW 75.12.390.]

catchline: Bottom trawling not authorized—Areas specified.


title: RCW 77.50.100

text:
The commission shall not authorize any commercial fisher to use more than fifty shrimp pots while commercially fishing for shrimp in that portion of Hood Canal lying south of the Hood Canal floating bridge.
[ 1998 c 190 s 83; 1993 c 340 s 50; 1989 c 316 s 9; 1983 1st ex.s. c 31 s 2. Formerly RCW 75.12.440, 75.28.134.]
Notes:
Finding, intent—Captions not law—Effective date—Severability—1993 c 340: See notes following RCW 77.65.010.
Effective date—1983 1st ex.s. c 31: "This act shall take effect January 1, 1984." [ 1983 1st ex.s. c 31 s 4.]

catchline: Hood Canal shrimp—Limitation on number of shrimp pots.


title: RCW 77.50.110

text:
The commission shall not authorize angling gear or other personal use gear for commercial salmon fishing.
[ 1998 c 190 s 84; 1996 c 267 s 24; 1983 1st ex.s. c 46 s 69; 1969 ex.s. c 23 s 1. Formerly RCW 75.12.650.]
Notes:
Intent—Effective date—1996 c 267: See notes following RCW 77.12.177.
Effective date—1969 ex.s. c 23: "The provisions of this act shall become effective January 1, 1970." [ 1969 ex.s. c 23 s 2.]

catchline: Commercial salmon fishing—Unauthorized gear.


title: RCW 77.50.120

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

catchline: Maintaining consistent salmon harvest levels.


title: RCW 77.55.011

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, stormwater runoff devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered artificially.
(2) "Board" means the pollution control hearings board created in chapter 43.21B RCW.
(3) "Commission" means the state fish and wildlife commission.
(4) "Date of receipt" has the same meaning as defined in RCW 43.21B.001.
(5) "Department" means the department of fish and wildlife.
(6) "Director" means the director of the department of fish and wildlife.
(7) "Emergency" means an immediate threat to life, the public, property, or of environmental degradation.
(8) "Emergency permit" means a verbal hydraulic project approval or the written follow-up to the verbal approval issued to a person under RCW 77.55.021(12).
(9) "Expedited permit" means a hydraulic project approval issued to a person under RCW 77.55.021 (14) and (16).
(10) "Forest practices hydraulic project" means a hydraulic project that requires a forest practices application or notification under chapter 76.09 RCW.
(11) "Hydraulic project" means the construction or performance of work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state.
(12) "Imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application.
(13) "Marina" means a public or private facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.
(14) "Marine terminal" means a public or private commercial wharf located in the navigable water of the state and used, or intended to be used, as a port or facility for the storing, handling, transferring, or transporting of goods to and from vessels.
(15) "Motorized or gravity siphon aquatic mining" means mining using any form of motorized equipment including, but not limited to, a motorized suction dredge or a gravity siphon suction dredge, for the purpose of extracting gold, silver, or other precious metals, that involves a discharge to waters of the state, but does not include metals mining and milling operations as defined in RCW 78.56.020.
(16) "Multiple site permit" means a hydraulic project approval issued to a person under RCW 77.55.021 for hydraulic projects occurring at more than one specific location and which includes site-specific requirements.
(17) "Ordinary high water line" means the mark on the shores of all water that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years as to mark upon the soil or vegetation a character distinct from the abutting upland. Provided, that in any area where the ordinary high water line cannot be found, the ordinary high water line adjoining saltwater is the line of mean higher high water and the ordinary high water line adjoining fresh water is the elevation of the mean annual flood.
(18) "Pamphlet hydraulic project" means a hydraulic project for the removal or control of aquatic noxious weeds conducted under the aquatic plants and fish pamphlet authorized by RCW 77.55.081, or for mineral prospecting and mining conducted under the gold and fish pamphlet authorized by RCW 77.55.091.
(19) "Permit" means a hydraulic project approval permit issued under this chapter.
(20) "Permit modification" means a hydraulic project approval issued to a person under RCW 77.55.021 that extends, renews, or changes the conditions of a previously issued hydraulic project approval.
(21) "Sandbars" includes, but is not limited to, sand, gravel, rock, silt, and sediments.
(22) "Small scale prospecting and mining" means the use of only the following methods: Pans; nonmotorized sluice boxes; nonmotorized concentrators; and minirocker boxes for the discovery and recovery of minerals, but does not include metals mining and milling operations as defined in RCW 78.56.020.
(23) "Spartina," "purple loosestrife," and "aquatic noxious weeds" have the same meanings as defined in RCW 17.26.020.
(24) "Stream bank stabilization" means those projects that prevent or limit erosion, slippage, and mass wasting. These projects include, but are not limited to, bank resloping, log and debris relocation or removal, planting of woody vegetation, bank protection using rock or woody material or placement of jetties or groins, gravel removal, or erosion control.
(25) "Tide gate" means a one-way check valve that prevents the backflow of tidal water.
(26) "Waters of the state" and "state waters" means all salt and fresh waters waterward of the ordinary high water line and within the territorial boundary of the state.
[ 2020 c 10 s 3. Prior: 2012 1st sp.s. c 1 s 101; prior: 2010 c 210 s 26; 2009 c 549 s 1028; 2005 c 146 s 101.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Findings—2020 c 10: See note following RCW 90.48.615.
Finding—Intent—2012 1st sp.s. c 1: "The legislature finds that significant opportunities exist to modify programs that provide for management and protection of the state's natural resources, including the state's forests, fish, and wildlife, in order to streamline regulatory processes and achieve program efficiencies while at the same time increasing the sustainability of program funding and maintaining current levels of natural resource protection. The legislature intends to update provisions relating to natural resource management and regulatory programs including the hydraulic project approval program, forest practices act, and state environmental policy act, in order to achieve these opportunities." [ 2012 1st sp.s. c 1 s 1.]
Limitation—2012 1st sp.s. c 1: "Nothing in this act affects any rules, processes, or procedures of the department of fish and wildlife and the department of natural resources existing on July 10, 2012, that provide for regulatory integration of hydraulic projects and forest practices for projects in nonfish-bearing waters." [ 2012 1st sp.s. c 1 s 216.]
Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: "Nothing in this act affects the jurisdiction or other authority of a federally recognized Indian tribe within the boundary of its reservation or on other tribally owned lands." [ 2012 1st sp.s. c 1 s 218.]
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Part headings not law—2005 c 146: "Part headings used in this act are not any part of the law." [ 2005 c 146 s 1007.]

catchline: Definitions.


title: RCW 77.55.021

text:
(1) Except as provided in RCW 77.55.031, 77.55.051, 77.55.041, and 77.55.361, in the event that any person or government agency desires to undertake a hydraulic project, the person or government agency shall, before commencing work thereon, secure the approval of the department in the form of a permit as to the adequacy of the means proposed for the protection of fish life.
(2) A complete written application for a permit may be submitted in person or by registered mail and must contain the following:
(a) General plans for the overall project;
(b) Complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water;
(c) Complete plans and specifications for the proper protection of fish life;
(d) Notice of compliance with any applicable requirements of the state environmental policy act, unless otherwise provided for in this chapter; and
(e) In the event that any person or government agency desires to undertake mineral prospecting or mining using motorized or gravity siphon equipment or desires to discharge effluent from such an activity to waters of the state, the person or government agency must also provide proof of compliance with the requirements of the federal clean water act issued by the department of ecology.
(3) The department may establish direct billing accounts or other funds transfer methods with permit applicants to satisfy the fee payment requirements of *RCW 77.55.321.
(4) The department may accept complete, written applications as provided in this section for multiple site permits and may issue these permits. For multiple site permits, each specific location must be identified.
(5) With the exception of emergency permits as provided in subsection (12) of this section, applications for permits must be submitted to the department's headquarters office in Olympia. Requests for emergency permits as provided in subsection (12) of this section may be made to the permitting biologist assigned to the location in which the emergency occurs, to the department's regional office in which the emergency occurs, or to the department's headquarters office.
(6) Except as provided for emergency permits in subsection (12) of this section, the department may not proceed with permit review until all fees are paid in full as required in *RCW 77.55.321.
(7)(a) Protection of fish life is the only ground upon which approval of a permit may be denied or conditioned. Approval of a permit may not be unreasonably withheld or unreasonably conditioned.
(b) Except as provided in this subsection and subsections (12) through (14) and (16) of this section, the department has forty-five calendar days upon receipt of a complete application to grant or deny approval of a permit. The forty-five day requirement is suspended if:
(i) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project;
(ii) The site is physically inaccessible for inspection;
(iii) The applicant requests a delay; or
(iv) The department is issuing a permit for a stormwater discharge and is complying with the requirements of RCW 77.55.161(3)(b).
(c) Immediately upon determination that the forty-five day period is suspended under (b) of this subsection, the department shall notify the applicant in writing of the reasons for the delay.
(d) The period of forty-five calendar days may be extended if the permit is part of a multiagency permit streamlining effort and all participating permitting agencies and the permit applicant agree to an extended timeline longer than forty-five calendar days.
(8) If the department denies approval of a permit, the department shall provide the applicant a written statement of the specific reasons why and how the proposed project would adversely affect fish life.
(a) Except as provided in (b) of this subsection, issuance, denial, conditioning, or modification of a permit shall be appealable to the board within thirty days from the date of receipt of the decision as provided in RCW 43.21B.230.
(b) Issuance, denial, conditioning, or modification of a permit may be informally appealed to the department within thirty days from the date of receipt of the decision. Requests for informal appeals must be filed in the form and manner prescribed by the department by rule. A permit decision that has been informally appealed to the department is appealable to the board within thirty days from the date of receipt of the department's decision on the informal appeal.
(9)(a) The permittee must demonstrate substantial progress on construction of that portion of the project relating to the permit within two years of the date of issuance.
(b) Approval of a permit is valid for up to five years from the date of issuance, except as provided in (c) of this subsection and in RCW 77.55.151.
(c) A permit remains in effect without need for periodic renewal for hydraulic projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. A permit for stream bank stabilization projects to protect farm and agricultural land as defined in RCW 84.34.020 remains in effect without need for periodic renewal if the problem causing the need for the stream bank stabilization occurs on an annual or more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the permit.
(10) The department may, after consultation with the permittee, modify a permit due to changed conditions. A modification under this subsection is not subject to the fees provided under *RCW 77.55.321. The modification is appealable as provided in subsection (8) of this section. For a hydraulic project that diverts water for agricultural irrigation or stock watering purposes, when the hydraulic project or other work is associated with stream bank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, the burden is on the department to show that changed conditions warrant the modification in order to protect fish life.
(11) A permittee may request modification of a permit due to changed conditions. The request must be processed within forty-five calendar days of receipt of the written request and payment of applicable fees under *RCW 77.55.321. A decision by the department is appealable as provided in subsection (8) of this section. For a hydraulic project that diverts water for agricultural irrigation or stock watering purposes, when the hydraulic project or other work is associated with stream bank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, the burden is on the permittee to show that changed conditions warrant the requested modification and that such a modification will not impair fish life.
(12)(a) The department, the county legislative authority, or the governor may declare and continue an emergency. If the county legislative authority declares an emergency under this subsection, it shall immediately notify the department. A declared state of emergency by the governor under RCW 43.06.010 shall constitute a declaration under this subsection.
(b) The department, through its authorized representatives, shall issue immediately, upon request, verbal approval for a stream crossing, or work to remove any obstructions, repair existing structures, restore stream banks, protect fish life, or protect property threatened by the stream or a change in the streamflow without the necessity of obtaining a written permit prior to commencing work. Conditions of the emergency verbal permit must be reduced to writing within thirty days and complied with as provided for in this chapter.
(c) The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.
(d) The department may not charge a person requesting an emergency permit any of the fees authorized by *RCW 77.55.321 until after the emergency permit is issued and reduced to writing.
(13) All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the emergency nature of such requests and shall provide a decision to the applicant within fifteen calendar days of the date of application.
(14) The department or the county legislative authority may determine an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to remove any obstructions, repair existing structures, restore banks, protect fish resources, or protect property. Expedited permit requests require a complete written application as provided in subsection (2) of this section and must be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance. The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.
(15)(a) For any property, except for property located on a marine shoreline, that has experienced at least two consecutive years of flooding or erosion that has damaged or has threatened to damage a major structure, water supply system, septic system, or access to any road or highway, the county legislative authority may determine that a chronic danger exists. The county legislative authority shall notify the department, in writing, when it determines that a chronic danger exists. In cases of chronic danger, the department shall issue a permit, upon request, for work necessary to abate the chronic danger by removing any obstructions, repairing existing structures, restoring banks, restoring road or highway access, protecting fish resources, or protecting property. Permit requests must be made and processed in accordance with subsections (2) and (7) of this section.
(b) Any projects proposed to address a chronic danger identified under (a) of this subsection that satisfies the project description identified in RCW 77.55.181(1)(a)(ii) are not subject to the provisions of the state environmental policy act, chapter 43.21C RCW. However, the project is subject to the review process established in RCW 77.55.181(3) as if it were a fish habitat improvement project.
(16) The department may issue an expedited written permit in those instances where normal permit processing would result in significant hardship for the applicant or unacceptable damage to the environment. Expedited permit requests require a complete written application as provided in subsection (2) of this section and must be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance. The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.
[ 2020 c 10 s 4; 2012 1st sp.s. c 1 s 102; 2010 c 210 s 27; 2008 c 272 s 1; 2005 c 146 s 201.]
Notes:
*Reviser's note: RCW 77.55.321 expired June 30, 2017.
Findings—2020 c 10: See note following RCW 90.48.615.
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Part headings not law—2005 c 146: See note following RCW 77.55.011.

catchline: Permit.


title: RCW 77.55.031

text:
The act of driving across an established ford is exempt from a permit. Driving across streams or on wetted streambeds at areas other than established fords requires a permit. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires a permit.
[ 2005 c 146 s 301.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.

catchline: Driving across established ford.


title: RCW 77.55.041

text:
(1) The removal of derelict fishing gear does not require a permit under this chapter if the gear is removed according to the guidelines described in RCW 77.12.865.
(2) The removal of crab and other shellfish gear does not require a permit under this chapter if the gear is removed under a permit issued pursuant to RCW 77.70.500.
[ 2010 c 193 s 10; 2005 c 146 s 302; 2002 c 20 s 4. Formerly RCW 77.55.330.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Finding—Purpose—2002 c 20: See note following RCW 77.12.865.

catchline: Derelict fishing, crab, and other shellfish gear—Removal.


title: RCW 77.55.051

text:
(1) An activity conducted solely for the removal or control of spartina does not require a permit.
(2) An activity conducted solely for the removal or control of purple loosestrife and which is performed with handheld tools, handheld equipment, or equipment carried by a person does not require a permit.
[ 2005 c 146 s 303.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.

catchline: Spartina/purple loosestrife—Removal or control.


title: RCW 77.55.061

text:
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or to the department of ecology when it conducts a remedial action under chapter 70A.305 RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70A.305 RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70A.305.090.
[ 2020 c 20 s 1465; 1994 c 257 s 18. Formerly RCW 77.55.030, 75.20.025.]
Notes:
Severability—1994 c 257: See note following RCW 36.70A.270.

catchline: Hazardous substance remedial actions—Procedural requirements not applicable.


title: RCW 77.55.081

text:
(1) By June 30, 1997, the department shall develop rules for projects conducted solely for the removal or control of various aquatic noxious weeds other than spartina and purple loosestrife and for activities or hydraulic projects for controlling purple loosestrife not covered by RCW 77.55.051(2). Following the adoption of the rules, the department shall produce and distribute a pamphlet describing the methods of removing or controlling the aquatic noxious weeds that are approved under the rules. The pamphlet serves as the permit for any project that is conducted solely for the removal or control of such aquatic noxious weeds and that is conducted as described in the pamphlet. No further permit is required for such a project.
(2) From time to time as information becomes available, the department shall adopt similar rules for additional aquatic noxious weeds or additional activities for removing or controlling aquatic noxious weeds not governed by RCW 77.55.051 (1) and (2) and shall produce and distribute one or more pamphlets describing these methods of removal or control. Such a pamphlet serves as the permit for any project that is conducted solely for the removal or control of such aquatic noxious weeds and that is conducted as described in the pamphlet. No further permit is required for such a project.
(3) Nothing in this section shall prohibit the department from requiring a permit for those parts of hydraulic projects that are not specifically for the control or removal of spartina, purple loosestrife, or other aquatic noxious weeds.
[ 2005 c 146 s 401; 1995 c 255 s 4. Formerly RCW 77.55.150, 75.20.108.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—1995 c 255: See RCW 17.26.901.

catchline: Removal or control of aquatic noxious weeds—Rules—Pamphlet.