title: RCW 76.48.221

text:
(1) Nothing in RCW 76.48.031 creates a requirement that a specialized forest products permit is required for an individual to harvest, possess, or transport huckleberries.
(2) Compliance with RCW 76.48.031 allows an individual to sell, or offer for sale, raw or unprocessed huckleberries. Possession of a specialized forest products permit does not create a right or privilege to harvest huckleberries. Huckleberries may be harvested only with the permission of the landowner and under the terms and conditions established between the landowner and the harvester.
[ 2009 c 245 s 23; 2008 c 191 s 1. Formerly RCW 76.48.210.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.

catchline: Effect of RCW 76.48.031 with respect to huckleberries.


doc_type: statute

jurisdiction: wa

title: RCW 76.48.231

text:
(1) Subject to the availability of funds in the specialized forest products outreach and education account established under RCW 76.48.251, the department shall develop educational material, including printed information, for law enforcement, forestland owners, and specialized forest products permittees, buyers, and processors specific to this chapter.
(2) The department is encouraged to foster partnerships with federal agencies, other state agencies, universities, local governments, and private interests in order to minimize educational and outreach expenses.
[ 2009 c 245 s 24; 2005 c 401 s 13. Formerly RCW 76.48.150.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Department to develop educational material.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 76.48.241

text:
(1) Minority groups have long been participants in the specialized forest products and huckleberry harvesting industry. The legislature encourages agencies serving minority communities, community-based organizations, refugee centers, social service agencies, agencies and organizations with expertise in the specialized forest products and huckleberry harvesting industries, and other interested groups to work cooperatively to accomplish the following purposes:
(a) To provide assistance and make referrals on translation services and to assist in translating educational materials, laws, and rules regarding specialized forest products and huckleberries;
(b) To hold clinics to teach techniques for effective picking; and
(c) To work with both minority and nonminority permittees in order to protect resources and foster understanding between minority and nonminority permittees.
(2) To the extent practicable within their existing resources, the department, the state commission on Asian Pacific American affairs created in RCW 43.117.030, and the state commission on Hispanic affairs created in RCW 43.115.020 are encouraged to coordinate efforts under this chapter.
[ 2009 c 245 s 25; 2008 c 191 s 8; 1995 c 366 s 17. Formerly RCW 76.48.200.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.
Severability—1995 c 366: See note following RCW 76.48.021.

catchline: Assistance and training for minority groups.


title: RCW 76.48.251

text:
The specialized forest products outreach and education account is created in the custody of the state treasurer. All receipts from RCW 76.48.171 and 76.48.201, any legislative appropriations, private donations, or any other private or public source directed to the account must be deposited in the account. Expenditures from the account may only be used by the department for funding activities under RCW 76.48.231 and 76.48.241. Only the commissioner of public lands or the commissioner's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2009 c 245 s 26.]
Notes:
Finding—Intent—2009 c 245: See note following RCW 76.48.011.

catchline: Specialized forest products outreach and education account.


title: RCW 76.48.907

text:
This chapter is not intended to repeal, supersede, or modify any provision of existing law.
[ 2009 c 245 s 28; 1967 ex.s. c 47 s 16. Formerly RCW 76.48.910.]

catchline: Saving—1967 ex.s. c 47.


title: RCW 76.52.010

text:
This chapter shall be known and cited as the "cooperative forest management services act."
[ 1979 c 100 s 1.]

catchline: Short title.


title: RCW 76.52.020

text:
The department of natural resources may, by agreement, make available to forestland owners, equipment, materials, and personnel for the purpose of more intensively managing or protecting the land when the department determines that such services are not otherwise available at a cost which would encourage the landowner to so avail himself or herself, and that the use of department equipment, materials, or personnel will not jeopardize the management of state lands or other programs of the department. The department shall enter into a contractual agreement with the landowner for services rendered and shall recover the costs thereof.
[ 2013 c 23 s 237; 1979 c 100 s 2.]

catchline: Contracts with landowners.


title: RCW 76.52.030

text:
The department may, by agreement, extend forest management services to private lands as a condition of carrying out such services on state lands when the private lands are adjacent to or in close proximity to the state lands being treated. The agreement shall include provisions requiring the parties to pay all costs attributable to the conducting of the services on their respective lands.
[ 1979 c 100 s 3.]

catchline: Extending department forest management services to landowners.


title: RCW 76.52.040

text:
Costs recovered by the department as a result of extending forest management practices to private lands shall be credited to the program or programs providing the services. The department will report by December 31 of each odd-numbered year up to and including 1985 to the house and senate natural resources committees the private acres treated as a result of this chapter.
[ 1979 c 100 s 4.]

catchline: Disposition of funds from landowners.


title: RCW 76.56.010

text:
There is created a center for international trade in forest products at the University of Washington in the college of forest resources, which shall be referred to in this chapter as "the center." The center shall operate under the authority of the board of regents of the University of Washington.
[ 1985 c 122 s 1.]

catchline: Center for international trade in forest products created at the University of Washington.


title: RCW 76.56.020

text:
The center shall:
(1) Coordinate the University of Washington's college of forest resources' faculty and staff expertise to assist in:
(a) The development of research and analysis for developing policies and strategies which will expand forest-based international trade, including a major focus on secondary manufacturing;
(b) The development of technology or commercialization support for manufactured products that will meet the evolving needs of international customers;
(c) The development of research and analysis on other factors critical to forest-based trade, including the quality and availability of raw wood resources; and
(d) The coordination, development, and dissemination of market and technical information relevant to international trade in forest products, including a major focus on secondary manufacturing;
(2) Further develop and maintain computer databases on worldwide forest products production and trade in order to monitor and report on trends significant to the Northwest forest products industry and support the center's research functions; and coordinate this system with state, federal, and private sector efforts to insure a cost-effective information resource that will avoid unnecessary duplication;
(3) Monitor international forest products markets and assess the status of the state's forest products industry, including the competitiveness of small and medium-sized secondary manufacturing firms in the forest products industry, which for the purposes of this chapter shall be firms with annual revenues of twenty-five million or less, and including the increased exports of Washington-produced products of small and medium-sized secondary manufacturing firms;
(4) Provide high quality research and graduate education and professional nondegree training in international trade in forest products in cooperation with the University of Washington's graduate school of business administration, the school of law, the Jackson school of international studies, the Northwest policy center of the graduate school of public administration, and other supporting academic units;
(5) Develop cooperative linkages with the international marketing program for agricultural commodities and trade at Washington State University, the international trade project of the United States forest service, the department of natural resources, the department of commerce, the small business export finance assistance center, and other state and federal agencies to avoid duplication of effort and programs;
(6) Cooperate with personnel from the state's community and technical colleges in their development of wood products manufacturing and wood technology curriculum and offer periodic workshops on wood products manufacturing, wood technology, and trade opportunities to community colleges and private educators and trainers;
(7) Provide for public dissemination of research, analysis, and results of the center's programs to all groups, including direct assistance groups, through technical workshops, short courses, international and national symposia, cooperation with private sector networks and marketing associations, or other means, including appropriate publications;
(8) Establish an executive policy board, including representatives of small and medium-sized businesses, with at least fifty percent of its business members representing small businesses with one hundred or fewer employees and medium-sized businesses with one hundred to five hundred employees. The executive policy board shall also include a representative of the community and technical colleges, representatives of state and federal agencies, and a representative of a wood products manufacturing network or trade association of small and medium-sized wood product manufacturers. The executive policy board shall provide advice on: Overall policy direction and program priorities, state and federal budget requests, securing additional research funds, identifying priority areas of focus for research efforts, selection of projects for research, and dissemination of results of research efforts; and
(9) Establish advisory or technical committees for each research program area, to advise on research program area priorities, consistent with the international trade opportunities achievable by the forest products sector of the state and region, to help ensure projects are relevant to industry needs, and to advise on and support effective dissemination of research results. Each advisory or technical committee shall include representatives of forest products industries that might benefit from this research.
Service on the committees and the executive policy board established in subsections (8) and (9) of this section shall be without compensation but actual travel expenses incurred in connection with service to the center may be reimbursed from appropriated funds in accordance with RCW 43.03.050 and 43.03.060.
[ 2023 c 470 s 2122; 1994 c 282 s 1; 1992 c 121 s 1; 1987 c 195 s 16; 1985 c 122 s 2.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—1994 c 282: "This act shall take effect July 1, 1994." [ 1994 c 282 s 6.]

catchline: Duties.


title: RCW 76.56.030

text:
The center shall be administered by a director appointed by the dean of the college of forest resources of the University of Washington. The director shall be a member of the professional staff of that college.
[ 1985 c 122 s 3.]

catchline: Director—Appointment.


title: RCW 76.56.040

text:
The governor, the legislature, state agencies, and the public may use the center's programs, research, and advisory services as may be needed. The center shall establish a schedule of fees for actual services rendered.
[ 1985 c 122 s 4.]

catchline: Use of center's programs, research, and advisory services—Schedule of fees.


title: RCW 76.56.050

text:
The center shall aggressively solicit financial contributions and support from the forest products industry, federal and state agencies, and other granting sources or through other arrangements to assist in conducting its activities. Subject to RCW 40.07.040, the center shall report annually to the governor and the legislature on its success in obtaining funding from nonstate sources and on its accomplishments in meeting the provisions of this chapter. It may also use separately appropriated funds of the University of Washington for the center's activities.
[ 1994 c 282 s 2; 1987 c 505 s 74; 1985 c 122 s 5.]
Notes:
Effective date—1994 c 282: See note following RCW 76.56.020.

catchline: Solicitation of financial contributions and support—Annual report—Use of other funds.


title: RCW 77.04.010

text:
This title is known and may be cited as "Fish and Wildlife Code of the State of Washington."
[ 2000 c 107 s 201; 1990 c 84 s 1; 1980 c 78 s 2; 1955 c 36 s 77.04.010. Prior: 1947 c 275 s 1; Rem. Supp. 1947 s 5992-11.]
Notes:
Effective date—1980 c 78: "This act shall take effect on July 1, 1981." [ 1980 c 78 s 137.]
Intent, construction—1980 c 78: "In enacting this 1980 act, it is the intent of the legislature to revise and reorganize the game code of this state to clarify and improve the administration of the state's game laws. Unless the context clearly requires otherwise, the revisions made to the game code by this act are not to be construed as substantive." [ 1980 c 78 s 1.]
Savings—1980 c 78: "This act shall not have the effect of terminating or in any way modifying any proceeding or liability, civil or criminal, which exists on the effective date of this act." [ 1980 c 78 s 138.]
Severability—1980 c 78: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1980 c 78 s 139.]


title: RCW 77.04.012

text:
Wildlife, fish, and shellfish are the property of the state. The commission, director, and the department shall preserve, protect, perpetuate, and manage the wildlife and food fish, game fish, and shellfish in state waters and offshore waters.
The department shall conserve the wildlife and food fish, game fish, and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state.
The commission may authorize the taking of wildlife, food fish, game fish, and shellfish only at times or places, or in manners or quantities, as in the judgment of the commission does not impair the supply of these resources.
The commission shall attempt to maximize the public recreational game fishing and hunting opportunities of all citizens, including juvenile, disabled, and senior citizens.
Recognizing that the management of our state wildlife, food fish, game fish, and shellfish resources depends heavily on the assistance of volunteers, the department shall work cooperatively with volunteer groups and individuals to achieve the goals of this title to the greatest extent possible.
Nothing in this title shall be construed to infringe on the right of a private property owner to control the owner's private property.
[ 2000 c 107 s 2; 1983 1st ex.s. c 46 s 5; 1975 1st ex.s. c 183 s 1; 1949 c 112 s 3, part; Rem. Supp. 1949 s 5780-201, part. Formerly RCW 75.08.012, 43.25.020.]
Notes:
State policy regarding improvement of recreational salmon fishing: See note following RCW 77.65.150.

catchline: Mandate of department and commission.


title: RCW 77.04.013

text:
The legislature supports the recommendations of the state fish and wildlife commission with regard to the commission's responsibilities in the merged department of fish and wildlife. It is the intent of the legislature that, beginning July 1, 1996, the commission assume regulatory authority for food fish and shellfish in addition to its existing authority for game fish and wildlife. It is also the intent of the legislature to provide to the commission the authority to review and approve department agreements, to review and approve the department's budget proposals, to adopt rules for the department, and to select commission staff and the director of the department.
The legislature finds that all fish, shellfish, and wildlife species should be managed under a single comprehensive set of goals, policies, and objectives, and that the decision-making authority should rest with the fish and wildlife commission. The commission acts in an open and deliberative process that encourages public involvement and increases public confidence in department decision making.
[ 1995 1st sp.s. c 2 s 1 (Referendum Bill No. 45, approved November 7, 1995). Formerly RCW 75.08.013.]
Notes:
Referral to electorate—1995 1st sp.s. c 2: "This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof." [ 1995 1st sp.s. c 2 s 46.] Referendum Bill No. 45 was approved by the electorate at the November 7, 1995, election.

catchline: Findings and intent.


title: RCW 77.04.020

text:
The department consists of the state fish and wildlife commission and the director. The commission may delegate to the director any of the powers and duties vested in the commission.
[ 2000 c 107 s 202; 1996 c 267 s 32; 1993 sp.s. c 2 s 59; 1987 c 506 s 4; 1980 c 78 s 3; 1955 c 36 s 77.04.020. Prior: 1947 c 275 s 2; Rem. Supp. 1947 s 5992-12.]
Notes:
Intent—Effective date—1996 c 267: See notes following RCW 77.12.177.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: "Washington's fish and wildlife resources are the responsibility of all residents of the state. We all benefit economically, recreationally, and aesthetically from these resources. Recognizing the state's changing environment, the legislature intends to continue to provide opportunities for the people to appreciate wildlife in its native habitat. However, the wildlife management in the state of Washington shall not cause a reduction of recreational opportunity for hunting and fishing activities. The paramount responsibility of the department remains to preserve, protect, and perpetuate all wildlife species. Adequate funding for proper management, now and for future generations, is the responsibility of everyone.
The intent of the legislature is: (1) To allow the governor to select the director of wildlife; (2) to retain the authority of the wildlife commission to establish the goals and objectives of the department; (3) to insure a high level of public involvement in the decision-making process; (4) to provide effective communications among the commission, the governor, the legislature, and the public; (5) to expand the scope of appropriate funding for the management, conservation, and enhancement of wildlife; (6) to not increase the cost of license, tag, stamp, permit, and punch card fees prior to January 1, 1990; and (7) for the commission to carry out any other responsibilities prescribed by the legislature in this title." [ 1987 c 506 s 1.]
References—1987 c 506: "All references in the Revised Code of Washington to the department of game, the game commission, the director of game, and the game fund shall mean, respectively, the department of wildlife, the wildlife commission, the director of wildlife, and the wildlife fund." [ 1987 c 506 s 99.]
Continuation of rules, director, game commission—1987 c 506: "Rules of the department of game existing prior to July 26, 1987, shall remain in effect unless or until amended or repealed by the director of wildlife or the wildlife commission pursuant to Title 77 RCW. The director of game on July 26, 1987, shall continue as the director of wildlife until resignation or removal in accordance with the provisions of RCW 43.17.020. The game commission on July 26, 1987, shall continue as the wildlife commission." [ 1987 c 506 s 100.]
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Composition of department—Powers and duties.


title: RCW 77.04.030

text:
The fish and wildlife commission consists of nine registered voters of the state. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate three registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a registered voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. Three additional members shall be appointed at large. No two members may be residents of the same county. The legal office of the commission is at the administrative office of the department in Olympia.
[ 2001 c 155 s 1; 2000 c 107 s 203; 1994 c 264 s 52; 1993 sp.s. c 2 s 60; 1987 c 506 s 5; 1981 c 338 s 11; 1980 c 78 s 4; 1955 c 36 s 77.04.030. Prior: 1947 c 275 s 3; Rem. Supp. 1947 s 5992-13.]
Notes:
Effective date—1993 sp.s. c 2 ss 7, 60, 80, and 82-100: "Sections 7, 60, 80, and 82 through 100 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 sp.s. c 2 s 105. Formerly RCW 75.54.900.]
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Commission—Appointment.


title: RCW 77.04.040

text:
Persons eligible for appointment as members of the commission shall have general knowledge of the habits and distribution of fish and wildlife and shall not hold another state, county, or municipal elective or appointive office. In making these appointments, the governor shall seek to maintain a balance reflecting all aspects of fish and wildlife, including representation recommended by organized groups representing sportfishers, commercial fishers, hunters, private landowners, and environmentalists. Persons eligible for appointment as fish and wildlife commissioners shall comply with the provisions of chapters 42.52 and * 42.17 RCW.
[ 1995 1st sp.s. c 2 s 3 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 s 61; 1987 c 506 s 6; 1980 c 78 s 5; 1955 c 36 s 77.04.040. Prior: 1947 c 275 s 4; Rem. Supp. 1947 s 5992-14.]
Notes:
*Reviser's note: Provisions in chapter 42.17 RCW relating to public disclosure were recodified in chapter 42.56 RCW by 2005 c 274.
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Commission—Qualifications of members.


title: RCW 77.04.055

text:
(1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to:
(a) Review and prescribe basic goals and objectives related to those policies; and
(b) Review the performance of the department in implementing fish and wildlife policies.
The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations.
(2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife.
(3) The commission shall establish provisions regulating food fish and shellfish as provided in RCW 77.12.047.
(4) The commission shall have final approval authority for tribal, interstate, international, and any other department agreements relating to fish and wildlife.
(5) The commission shall adopt rules to implement the state's fish and wildlife laws.
(6) The commission shall have final approval authority for the department's budget proposals.
(7) The commission shall select its own staff and shall appoint the director of the department. The director and commission staff shall serve at the pleasure of the commission.
[ 2000 c 107 s 204; 1995 1st sp.s. c 2 s 4 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 s 62; 1990 c 84 s 2; 1987 c 506 s 7.]
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.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.

catchline: Commission—Duties.


title: RCW 77.04.060

text:
The commission shall hold at least one regular meeting during the first two months of each calendar quarter, and special meetings when called by the chair and by five members. Five members constitute a quorum for the transaction of business.
The commission at a meeting in each odd-numbered year shall elect one of its members as chair and another member as vice chair, each of whom shall serve for a term of two years or until a successor is elected and qualified.
Members of the commission shall be compensated in accordance with RCW 43.03.250. In addition, members are allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060.
[ 2013 c 23 s 238; 1993 sp.s. c 2 s 63. Prior: 1987 c 506 s 8; 1987 c 114 s 1; 1984 c 287 s 110; 1980 c 78 s 6; 1977 c 75 s 89; 1975-'76 2nd ex.s. c 34 s 175; 1961 c 307 s 9; 1955 c 352 s 1; 1955 c 36 s 77.04.060; prior: 1949 c 205 s 1; 1947 c 275 s 6; Rem. Supp. 1949 s 5992-16.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.


title: RCW 77.04.080

text:
Persons eligible for appointment as director shall have practical knowledge of the habits and distribution of fish and wildlife. The director shall supervise the administration and operation of the department and perform the duties prescribed by law and delegated by the commission. The director shall carry out the basic goals and objectives prescribed under RCW 77.04.055. The director may appoint and employ necessary personnel. The director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department.
Only persons having general knowledge of the fisheries and wildlife resources and of the commercial and recreational fishing industry in this state are eligible for appointment as director. The director shall not have a financial interest in the fishing industry or a directly related industry. The director shall receive the salary fixed by the governor under RCW 43.03.040.
The director is the ex officio secretary of the commission and shall attend its meetings and keep a record of its business.
[ 2000 c 107 s 205; 1995 1st sp.s. c 2 s 5 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 s 64; 1987 c 506 s 9; 1980 c 78 s 8; 1955 c 36 s 77.04.080. Prior: 1947 c 275 s 8; Rem. Supp. 1947 s 5992-18.]
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.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Director—Qualifications—Duties—Salary.


title: RCW 77.04.090

text:
The commission shall adopt permanent rules and amendments to or repeals of existing rules by approval of a majority of the members by resolution, entered and recorded in the minutes of the commission: PROVIDED, That the commission may not adopt rules after July 23, 1995, that are based solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule. The commission shall adopt emergency rules by approval of a majority of the members. The commission, when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.05 RCW. Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210.
A copy of an emergency rule, certified as a true copy by a member of the commission, the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule.
[ 1996 c 267 s 35; 1995 c 403 s 111; 1984 c 240 s 1; 1980 c 78 s 16; 1955 c 36 s 77.12.050. Prior: 1947 c 275 s 15; Rem. Supp. 1947 s 5992-25. Formerly RCW 77.12.050.]
Notes:
Intent—Effective date—1996 c 267: See notes following RCW 77.12.177.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Rule-making authority—Certified copy as evidence.


title: RCW 77.04.120

text:
(1) The director shall investigate the habits, supply, and economic use of food fish and shellfish in state and offshore waters.
(2) The director shall make an annual report to the governor on the operation of the department and the statistics of the fishing industry.
(3) Subject to RCW 40.07.040, the director shall provide a comprehensive biennial report of all departmental operations to the chairs of the committees on natural resources of the senate and house of representatives, the senate ways and means committee, and the house of representatives appropriations committee, including one copy to the staff of each of the committees, to reflect the previous fiscal period. The format of the report shall be similar to reports issued by the department from 1964-1970 and the report shall include, but not be limited to, descriptions of all department activities including: Revenues generated, program costs, capital expenditures, personnel, special projects, new and ongoing research, environmental controls, cooperative projects, intergovernmental agreements, and outlines of ongoing litigation, recent court decisions and orders on major issues with the potential for state liability. The report shall describe the status of the resource and its recreational, commercial, and tribal utilization. The report shall be made available to the public.
[ 2000 c 107 s 3; 1988 c 36 s 31; 1987 c 505 s 71; 1985 c 208 s 1; 1985 c 93 s 1; 1983 1st ex.s. c 46 s 7; 1977 c 75 s 87; 1955 c 12 s 75.08.020. Prior: 1949 c 112 s 7(3), (6), (7); Rem. Supp. 1949 s 5780-206 (3), (6), (7). Formerly RCW 75.08.020.]
Notes:
Director of fish and wildlife to develop proposals to reinstate salmon and steelhead in Tilton and Cowlitz rivers: RCW 77.12.765.

catchline: Director—Research—Reports.


title: RCW 77.04.130

text:
(1) Rules of the commission shall be adopted by the commission or a designee in accordance with chapter 34.05 RCW.
(2) Rules of the commission shall be admitted as evidence in the courts of the state when accompanied by an affidavit from the commission or a designee certifying that the rule has been lawfully adopted and the affidavit is prima facie evidence of the adoption of the rule.
(3) The commission may designate department employees to act on the commission's behalf in the adoption and certification of rules.
[ 1995 1st sp.s. c 2 s 12 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 s 16; 1973 c 93 s 1; 1955 c 12 s 75.08.090. Prior: 1949 c 112 s 6, part; Rem. Supp. 1949 s 5780-205, part. Formerly RCW 75.08.090.]
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: Adoption and certification of rules.


title: RCW 77.04.140

text:
Provisions of this title or rules of the commission shall not be printed in a pamphlet unless the pamphlet is clearly marked as an unofficial version. This section does not apply to printings approved by the commission.
[ 1995 1st sp.s. c 2 s 13 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 s 17; 1955 c 12 s 75.08.110. Prior: 1949 c 112 s 16; Rem. Supp. 1949 s 5780-215. Formerly RCW 75.08.110.]
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: Unofficial printings of laws or rules—Approval required.


title: RCW 77.04.145

text:
Actions under this chapter are subject to the notification requirements of RCW 43.17.400.
[ 2007 c 62 s 7.]
Notes:
Finding—Intent—Severability—2007 c 62: See notes following RCW 43.17.400.

catchline: Notification requirements.


title: RCW 77.04.150

text:
(1) The commission must appoint an advisory committee to generally represent the interests of hunters and fishers with disabilities on matters including, but not limited to, special hunts, modified sporting equipment, access to public land, and hunting and fishing opportunities. The advisory committee is composed of seven members, each being an individual with a disability. Two additional members, who have demonstrable experience working with disabled persons in a natural resource environment, may be appointed to the advisory committee. The advisory committee members must represent the entire state. The members must be appointed so that each of the six department administrative regions, as they existed on January 1, 2007, are represented with one resident on the advisory committee. One additional member must be appointed at large. The chair of the advisory committee must be a member of the advisory committee and shall be selected by the members of the advisory committee.
(2) The members of the advisory committee are appointed for a four-year term. If a vacancy occurs on the advisory committee prior to the expiration of a term, the commission must appoint a replacement within sixty days to complete the term.
(3) The advisory committee must meet at least semiannually, and may meet at other times as requested by a majority of the advisory committee members for any express purpose that directly relates to the duties set forth in subsection (1) of this section. A majority of members currently serving on the advisory committee constitutes a quorum. The department must provide staff support for all official advisory committee meetings.
(4) Each member of the advisory committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.
(5) The members of the advisory committee, or individuals acting on their behalf, are immune from civil liability for official acts performed in the course of their duties.
(6) At least once every two years, by December 1st, the commission shall present a concise report to the appropriate legislative committees detailing the levels of participation in hunting and fishing by persons with disabilities, and any recommendations to maintain accessibility for persons with disabilities.
[ 2022 c 21 s 1; 2008 c 294 s 1; 2005 c 149 s 1; 2001 c 312 s 1.]

catchline: Hunters and fishers with disabilities—Advisory committee—Composition—Terms—Pilot project—Report to the legislature.


title: RCW 77.04.160

text:
(1) The department shall prepare an annual surplus salmon report. This report shall include the disposition of adult salmonids that have returned to salmonid hatchery facilities operated under the jurisdiction of the state that:
(a) Have not been harvested; and
(b) Were not allowed to escape for natural spawning.
(2) The report shall include, by species, the number and estimated weight of surplus salmon and steelhead and a description of the disposition of the adult carcasses including, but not limited to, the following categories:
(a) Disposed in landfills;
(b) Transferred to another government agency for reproductive purposes;
(c) Sold to contract buyers in the round;
(d) Sold to contract buyers after spawning;
(e) Transferred to Native American tribes;
(f) Donated to food banks; and
(g) Used in stream nutrient enrichment programs.
(3) The report shall also include, by species, information on the number of requests for viable salmon eggs, the number of these requests that were granted and the number that were denied, the geographic areas for which these requests were granted or denied, and a brief explanation given for each denial of a request for viable salmon eggs.
(4) The report shall be included in the biennial state of the salmon report required by *RCW 77.85.020 and other similar state reports on salmon.
(5) The report shall include an assessment of the infrastructure needs and facility modifications necessary to implement chapter 337, Laws of 2001.
[ 2001 c 337 s 5.]
Notes:
*Reviser's note: RCW 77.85.020 was amended by 2009 c 345 s 4, deleting the biennial state of the salmon report. RCW 77.85.020 now directs the recreation and conservation office to produce a biennial report.

catchline: Surplus salmon report.


title: RCW 77.04.170

text:
In administering programs funded with moneys from the capital budget related to protection or recovery of fish stocks, the department shall incorporate the environmental benefits of a project into its prioritization and selection process. The department shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The department shall consult with affected interest groups in implementing this section.
[ 2001 c 227 s 11.]
Notes:
Findings—Intent—2001 c 227: See note following RCW 43.41.270.

catchline: Funding for fish stock protection or recovery programs—Prioritization and selection process requirements—Development of outcome-focused performance measures.


title: RCW 77.08.010

text:
The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.
(1) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a handheld line operated without rod or reel.
(2) "Bag limit" means the maximum number of game animals, game birds, game fish, food fish, or shellfish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.
(3) "Building" means a private domicile, garage, barn, or public or commercial building.
(4) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited.
(5) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season.
(6) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited.
(7) "Commercial" means related to or connected with buying, selling, or bartering.
(8) "Commission" means the state fish and wildlife commission.
(9) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary.
(10) "Contraband" means any property that is unlawful to produce or possess.
(11) "Covered animal species" means any species of elephant, rhinoceros, tiger, lion, leopard, cheetah, pangolin, marine turtle, shark, or ray either: (a) Listed in appendix I or appendix II of the convention on international trade in endangered species of wild flora and fauna; or (b) listed as critically endangered, endangered, or vulnerable on the international union for conservation of nature and natural resources red list of threatened species.
(12) "Covered animal species part or product" means any item that contains, or is wholly or partially made from, any covered animal species.
(13) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state.
(14) "Department" means the department of fish and wildlife.
(15) "Director" means the director of fish and wildlife.
(16) "Distribute" or "distribution" means either a change in possession for consideration or a change in legal ownership.
(17) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.
(18) "Ex officio fish and wildlife officer" means:
(a) A commissioned officer of a municipal, county, or state agency having as its primary function the enforcement of criminal laws in general, while the officer is acting in the respective jurisdiction of that agency;
(b) An officer or special agent commissioned by one of the following: The national marine fisheries service; the Washington state parks and recreation commission; the United States fish and wildlife service; the Washington state department of natural resources; the United States forest service; or the United States parks service, if the agent or officer is in the respective jurisdiction of the primary commissioning agency and is acting under a mutual law enforcement assistance agreement between the department and the primary commissioning agency;
(c) A commissioned fish and wildlife peace officer from another state who meets the training standards set by the Washington state criminal justice training commission pursuant to RCW 10.93.090, 43.101.080, and 43.101.200, and who is acting under a mutual law enforcement assistance agreement between the department and the primary commissioning agency; or
(d) A Washington state tribal police officer who successfully completes the requirements set forth under RCW 43.101.157, is employed by a tribal nation that has complied with RCW 10.92.020(2) (a) and (b), and is acting under a mutual law enforcement assistance agreement between the department and the tribal government.
(19) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all finfish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species.
(20) "To fish" and its derivatives means an effort to kill, injure, harass, harvest, or capture a fish or shellfish.
(21) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer.
(22) "Fish broker" means a person who facilitates the sale or purchase of raw or frozen fish or shellfish on a fee or commission basis, without assuming title to the fish or shellfish.
(23) "Fish dealer" means a person who engages in any activity that triggers the need to obtain a fish dealer license under RCW 77.65.280.
(24) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area.
(25) "Fishing guide" means a person who provides or offers to provide sport fishing guide services to persons who are engaged in personal use fisheries on or along state waters.
(26) "Food, food waste, or other substance" includes human and pet food or other waste or garbage that could attract large wild carnivores.
(27) "Fresh water" means all waters not defined as salt water including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs.
(28) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.
(29) "Fur dealer" means a person who purchases, receives, or resells raw furs for commercial purposes.
(30) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.
(31) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.
(32) "Game farm" means property on which wildlife is held, confined, propagated, hatched, fed, or otherwise raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.
(33) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.
(34) "To hunt" and its derivatives means an effort to kill, injure, harass, harvest, or capture a wild animal or wild bird.
(35) "Illegal items" means those items unlawful to be possessed.
(36)(a) "Intentionally feed, attempt to feed, or attract" means to purposefully or knowingly provide, leave, or place in, on, or about any land or building any food, food waste, or other substance that attracts or could attract large wild carnivores to that land or building.
(b) "Intentionally feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
(37) "Large wild carnivore" includes wild bear, cougar, and wolf.
(38) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st.
(39) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW.
(40) "Limited fish seller" means a licensed commercial fisher who sells his or her fish or shellfish to anyone other than a wholesale fish buyer thereby triggering the need to obtain a limited fish seller endorsement under RCW 77.65.510.
(41) "Money" means all currency, script, personal checks, money orders, or other negotiable instruments.
(42) "Natural person" means a human being.
(43)(a) "Negligently feed, attempt to feed, or attract" means to provide, leave, or place in, on, or about any land or building any food, food waste, or other substance that attracts or could attract large wild carnivores to that land or building, without the awareness that a reasonable person in the same situation would have with regard to the likelihood that the food, food waste, or other substance could attract large wild carnivores to the land or building.
(b) "Negligently feed, attempt to feed, or attract" does not include keeping food, food waste, or other substance in an enclosed garbage receptacle or other enclosed container unless specifically directed by a fish and wildlife officer or animal control authority to secure the receptacle or container in another manner.
(44) "Nonresident" means a person who has not fulfilled the qualifications of a resident.
(45) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries.
(46) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, or possess by rule of the commission. "Open season" includes the first and last days of the established time.
(47) "Owner" means the person in whom is vested the ownership dominion, or title of the property.
(48) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.
(49) "Personal property" or "property" includes both corporeal and incorporeal personal property and includes, among other property, contraband and money.
(50) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter.
(51) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.
(52) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish.
(53) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.
(54) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than $30 each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle.
(55) "Resident" has the same meaning as defined in RCW 77.08.075.
(56) "Salt water" means those marine waters seaward of river mouths.
(57) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta.
(58) "Senior" means a person 70 years old or older.
(59) "Shark fin" means a raw, dried, or otherwise processed detached fin or tail of a shark.
(60)(a) "Shark fin derivative product" means any product intended for use by humans or animals that is derived in whole or in part from shark fins or shark fin cartilage.
(b) "Shark fin derivative product" does not include a drug approved by the United States food and drug administration and available by prescription only or medical device or vaccine approved by the United States food and drug administration.
(61) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken or possessed except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.
(62) "Sport fishing guide services" means an individual or company providing assistance to a client to fish or to attempt to fish, for compensation or with the intent to receive compensation, by either accompanying or physically directing the client, or both, in personal use fishing activities during any part of a trip on or along state waters.
(63) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state.
(64) "To take" and its derivatives means to kill, injure, harvest, or capture a fish, shellfish, wild animal, bird, or seaweed.
(65) "Taxidermist" means a person who, for commercial purposes, creates lifelike representations of fish and wildlife using fish and wildlife parts and various supporting structures.
(66) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife.
(67) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.
(68) "Unclaimed" means that no owner of the property has been identified or has requested, in writing, the release of the property to themselves nor has the owner of the property designated an individual to receive the property or paid the required postage to effect delivery of the property.
(69) "Unclassified wildlife" means wildlife existing in Washington in a wild state that have not been classified as big game, game animals, game birds, predatory birds, protected wildlife, endangered wildlife, or deleterious exotic wildlife.
(70) "To waste" or "to be wasted" means to allow any edible portion of any game bird, food fish, game fish, shellfish, or big game animal other than cougar to be rendered unfit for human consumption, or to fail to retrieve edible portions of such a game bird, food fish, game fish, shellfish, or big game animal other than cougar from the field. For purposes of this chapter, edible portions of game birds must include, at a minimum, the breast meat of those birds. Entrails, including the heart and liver, of any wildlife species are not considered edible.
(71) "Wholesale fish buyer" means a person who engages in any fish buying or selling activity that triggers the need to obtain a wholesale fish buyer endorsement under RCW 77.65.340.
(72) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state. The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia.
(73) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.
(74) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.
(75) "Wildlife meat cutter" means a person who packs, cuts, processes, or stores wildlife for consumption for another for commercial purposes.
(76) "Youth" means a person under 16 years old for fishing and hunting.
[ 2025 c 328 s 1; 2025 c 76 s 1; 2017 3rd sp.s. c 8 s 2. Prior: 2016 c 2 s 2 (Initiative Measure No. 1401, approved November 3, 2015); prior: 2014 c 202 s 301; 2014 c 48 s 1; prior: 2012 c 176 s 4; prior: 2011 c 324 s 3; 2009 c 333 s 12; 2008 c 277 s 2; prior: 2007 c 350 s 2; 2007 c 254 s 1; 2005 c 104 s 1; 2003 c 387 s 1; 2002 c 281 s 2; 2001 c 253 s 10; 2000 c 107 s 207; 1998 c 190 s 111; 1996 c 207 s 2; 1993 sp.s. c 2 s 66; 1989 c 297 s 7; 1987 c 506 s 11; 1980 c 78 s 9; 1955 c 36 s 77.08.010; prior: 1947 c 275 s 9; Rem. Supp. 1947 s 5992-19.]
Notes:
Reviser's note: (1) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2).
(2) This section was amended by 2025 c 76 s 1 and by 2025 c 328 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2025 c 328: "Except for section 18 of this act, 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, 2025." [ 2025 c 328 s 22.]
Alphabetization—2017 3rd sp.s. c 8 s 2: "The code reviser's office is directed to move the definitions of "to fish," "to hunt," "to process," "to take," "to trap," and "to waste" or "to be wasted," by reordering them within RCW 77.08.010 in alphabetical order by the spelling of the main verb word." [ 2017 3rd sp.s. c 8 s 57.]
Finding—Intent—2017 3rd sp.s. c 8: "(1) The legislature finds that the commercial fishing industry is a benefit to the state as a whole, but particularly to coastal communities where it creates and sustains opportunities for employment. Maintaining a stable and economically viable commercial fishing industry requires:
(a) Preserving fishing opportunities by providing a fee structure for all commercial fishing permits that is not overly burdensome on the fishing industry; and
(b) Avoiding a strain on fish resources beyond sustainable spawning needs.
(2) The legislature intends to balance those needs by making certain adjustments to commercial fishing fees." [ 2017 3rd sp.s. c 8 s 1.]
Effective date—2017 3rd sp.s. c 8: "This act takes effect January 1, 2018." [ 2017 3rd sp.s. c 8 s 59.]
Finding—2016 c 2 (Initiative Measure No. 1401): See note following RCW 77.15.135.
Findings—2014 c 202: See note following RCW 77.135.010.
Findings—2011 c 324: See note following RCW 77.15.770.
Alphabetization—2008 c 277: "The code reviser is directed to put the defined terms in RCW 77.08.010 in alphabetical order." [ 2008 c 277 s 1.]
Purpose—2002 c 281: "The legislature recognizes the potential economic and environmental damage that can occur from the introduction of invasive aquatic species. The purpose of this act is to increase public awareness of invasive aquatic species and enhance the department of fish and wildlife's regulatory capability to address threats posed by these species." [ 2002 c 281 s 1.]
Intent—1996 c 207: "It is the intent of the legislature to clarify hunting and fishing laws in light of the decision in State v. Bailey, 77 Wn. App. 732 (1995). The fish and wildlife commission has the authority to establish hunting and fishing seasons. These seasons are defined by limiting the times, manners of taking, and places or waters for lawful hunting, fishing, or possession of game animals, game birds, or game fish, as well as by limiting the physical characteristics of the game animals, game birds, or game fish which may be lawfully taken at those times, in those manners, and at those places or waters." [ 1996 c 207 s 1.]
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Definitions.


title: RCW 77.08.020

text:
(1) As used in this title or rules of the commission, "game fish" means those species of the class Osteichthyes that shall not be fished for except as authorized by rule of the commission and includes:
Scientific Name
Common Name
Ambloplites rupestris
rock bass
Coregonus clupeaformis
lake white fish
Ictalurus furcatus
blue catfish
Ictalurus melas
black bullhead
Ictalurus natalis
yellow bullhead
Ictalurus nebulosus
brown bullhead
Ictalurus punctatus
channel catfish
Lepomis cyanellus
green sunfish
Lepomis gibbosus
pumpkinseed
Lepomis gulosus
warmouth
Lepomis macrochirus
bluegill
Lota lota
burbot or freshwater ling
Micropterus dolomieui
smallmouth bass
Micropterus salmoides
largemouth bass
Oncorhynchus nerka (in its landlocked form)
kokanee or silver trout
Perca flavescens
yellow perch
Pomixis annularis
white crappie
Pomixis nigromaculatus
black crappie
Prosopium williamsoni
mountain white fish
Oncorhynchus aquabonita
golden trout
Oncorhynchus clarkii
cutthroat trout
Oncorhynchus mykiss
rainbow or steelhead trout
Salmo salar (in its landlocked form)
Atlantic salmon
Salmo trutta
brown trout
Salvelinus fontinalis
eastern brook trout
Salvelinus malma
Dolly Varden trout
Salvelinus namaycush
lake trout
Stizostedion vitreum
Walleye
Thymallus articus
arctic grayling
(2) Private sector cultured aquatic products as defined in RCW 15.85.020 are not game fish.
[ 1989 c 218 s 2; 1985 c 457 s 21; 1980 c 78 s 10; 1969 ex.s. c 19 s 1; 1955 c 36 s 77.08.020. Prior: 1947 c 275 s 10; Rem. Supp. 1947 s 5992-20.]
Notes:
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: "Game fish" defined.


title: RCW 77.08.022

text:
"Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that have been classified and that shall not be fished for except as authorized by rule of the commission. The term "food fish" includes all stages of development and the bodily parts of food fish species.
[ 2000 c 107 s 208.]

catchline: "Food fish" defined.


title: RCW 77.08.024

text:
"Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in RCW 77.08.020, and includes:
Scientific Name
Common Name
Oncorhynchus tshawytscha
Chinook salmon
Oncorhynchus kisutch
Coho salmon
Oncorhynchus keta
Chum salmon
Oncorhynchus gorbuscha
Pink salmon
Oncorhynchus nerka
Sockeye salmon
[ 2000 c 107 s 209.]

catchline: "Salmon" defined.


title: RCW 77.08.030

text:
As used in this title or rules of the commission, "big game" means the following species:
Scientific Name
Common Name
Cervus canadensis
elk or wapiti
Odocoileus hemionus
blacktail deer or mule deer
Odocoileus virginianus
whitetail deer
Alces americana
moose
Oreamnos americanus
mountain goat
Rangifer caribou
caribou
Ovis canadensis
mountain sheep
Antilocapra americana
pronghorn antelope
Felis concolor
cougar or mountain lion
Euarctos americana
black bear
Ursus horribilis
grizzly bear
[ 1980 c 78 s 11; 1971 ex.s. c 166 s 1.]
Notes:
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: "Big game" defined.


title: RCW 77.08.045

text:
As used in this title or rules adopted pursuant to this title:
(1) "Migratory waterfowl" means members of the family Anatidae, including brants, ducks, geese, and swans;
(2) "Migratory bird" means migratory waterfowl and coots, snipe, doves, and band-tailed pigeon;
(3) "Migratory bird permit" means the permit that is required by RCW 77.32.350 to be in the possession of all persons to hunt migratory birds; and
(4) "Prints and artwork" means replicas of the original stamp design that are sold to the general public. Prints and artwork are not to be construed to be the migratory bird permit that is required by RCW 77.32.350. Artwork may be any facsimile of the original stamp design, including color renditions, metal duplications, or any other kind of design.
[ 2011 1st sp.s. c 21 s 17; 2011 c 339 s 2; 1998 c 191 s 31; 1987 c 506 s 12; 1985 c 243 s 2.]
Notes:
Reviser's note: This section was amended by 2011 c 339 s 2 and by 2011 1st sp.s. c 21 s 17, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Effective date—2011 c 339: See note following RCW 43.84.092.
Effective date—1998 c 191: See note following RCW 77.32.050.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.

catchline: Migratory waterfowl terms defined.


title: RCW 77.08.075

text:
For the purposes of this title or rules adopted under this title, "resident" means:
(1) A natural person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, is not licensed to hunt or fish as a resident in another state or country, and is not receiving resident benefits of another state or country.
(a) For purposes of this section, "permanent place of abode" means a residence in this state that a person maintains for personal use.
(b) A natural person can demonstrate that the person has maintained a permanent place of abode in Washington by showing that the person:
(i) Uses a Washington state address for federal income tax or state tax purposes;
(ii) Designates this state as the person's residence for obtaining eligibility to hold a public office or for judicial actions;
(iii) Is a registered voter in the state of Washington; or
(iv) Is a custodial parent with a child attending prekindergarten, kindergarten, elementary school, middle school, or high school in this state.
(c) A natural person can demonstrate the intent to continue residing within the state by showing that he or she:
(i) Has a valid Washington state driver's license; or
(ii) Has a valid Washington state identification card, if the person is not eligible for a Washington state driver's license; and
(iii) Has registered the person's vehicle or vehicles in Washington state;
(2) The spouse of a member of the United States armed forces if the member qualifies as a resident under subsection (1), (3), or (4) of this section, or a natural person age eighteen or younger who does not qualify as a resident under subsection (1) of this section, but who has a parent or legal guardian who qualifies as a resident under subsection (1), (3), or (4) of this section;
(3) A member of the United States armed forces temporarily stationed in Washington state on predeployment orders. A copy of the person's military orders is required to meet this condition;
(4) An active duty, nonretired member of the United States armed forces who is permanently stationed in Washington or who designates Washington on his or her military "state of legal residence certificate" or enlistment or reenlistment documents. A copy of the person's "state of legal residence certificate" or enlistment or reenlistment documents is required to meet the conditions of this subsection.
[ 2014 c 48 s 2; 2012 c 176 s 5.]

catchline: "Resident" defined.


title: RCW 77.08.900

text:
For the purposes of this title, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 183.]

catchline: Construction—Title applicable to state registered domestic partnerships—2009 c 521.


title: RCW 77.100.010

text:
The fish and wildlife resources of the state benefit by the contribution of volunteer recreational and commercial fishing organizations, schools, and other volunteer groups in cooperative projects under agreement with the department. These projects provide educational opportunities, improve the communication between the natural resources agencies and the public, and increase the fish and game resources of the state. In an effort to increase these benefits and realize the full potential of cooperative projects, the department shall administer a cooperative fish and wildlife enhancement program and enter agreements with volunteer groups relating to the operation of cooperative projects.
[ 1993 sp.s. c 2 s 49; 1988 c 36 s 41; 1984 c 72 s 1. Formerly RCW 75.52.010.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.

catchline: Legislative findings—Department to administer cooperative enhancement program.


title: RCW 77.100.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Volunteer group" means any person or group of persons interested in or party to an agreement with the department relating to a cooperative fish or wildlife project.
(2) "Cooperative project" means a project conducted by a volunteer group that will benefit the fish, shellfish, game bird, nongame wildlife, or game animal resources of the state and for which the benefits of the project, including fish and wildlife reared and released, are available to all citizens of the state. Indian tribes may elect to participate in cooperative fish and wildlife projects with the department.
[ 2000 c 107 s 111; 1993 sp.s. c 2 s 50; 1988 c 36 s 42; 1984 c 72 s 2. Formerly RCW 75.52.020.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.


title: RCW 77.100.030

text:
The department shall encourage and support the development and operation of cooperative projects of the following types:
(1) Cooperative food fish and game fish rearing projects, including but not limited to egg planting, egg boxes, juvenile planting, pen rearing, pond rearing, raceway rearing, and egg taking;
(2) Cooperative fish habitat improvement projects, including but not limited to fish migration improvement, spawning bed rehabilitation, habitat restoration, reef construction, lake fertilization, pond construction, pollution abatement, and endangered stock protection;
(3) Cooperative fish or game research projects if the project is clearly of a research nature and if the results are readily available to the public;
(4) Cooperative game bird and game animal projects, including but not limited to habitat improvement and restoration, replanting and transplanting, nest box installation, pen rearing, game protection, and supplemental feeding;
(5) Cooperative nongame wildlife projects, including but not limited to habitat improvement and restoration, nest box installation, establishment of wildlife interpretive areas or facilities, pollution abatement, supplemental feeding, and endangered species preservation and enhancement; and
(6) Cooperative information and education projects, including but not limited to landowner relations, outdoor ethics, natural history of Washington's fish, shellfish, and wildlife, and outdoor survival.
[ 1984 c 72 s 3. Formerly RCW 75.52.030.]

catchline: Cooperative projects—Types.


title: RCW 77.100.040

text:
The department may authorize the sale of surplus salmon eggs and carcasses by permitted cooperative projects for the purposes of defraying the expenses of the cooperative project. In no instance shall the department allow a profit to be realized through such sales. The department shall adopt rules to implement this section pursuant to chapter 34.05 RCW.
[ 1993 sp.s. c 2 s 51; 1987 c 48 s 1. Formerly RCW 75.52.035.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Sale of surplus salmon eggs by department: RCW 77.95.210.

catchline: Cooperative projects—Sale of surplus salmon eggs and carcasses.


title: RCW 77.100.050

text:
(1) The department shall:
(a) Encourage and support the establishment of cooperative agreements for the development and operation of cooperative food fish, shellfish, game fish, game bird, game animal, and nongame wildlife projects, and projects which provide an opportunity for volunteer groups to become involved in resource and habitat-oriented activities. All cooperative projects shall be fairly considered in the approval of cooperative agreements;
(b) Identify regions and species or activities that would be particularly suitable for cooperative projects providing benefits compatible with department goals;
(c) Determine the availability of rearing space at operating facilities or of net pens, egg boxes, portable rearing containers, incubators, and any other rearing facilities for use in cooperative projects, and allocate them to volunteer groups as fairly as possible;
(d) Make viable eggs available for replenishing fish runs, and salmon carcasses for nutrient enhancement of streams. If a regional fisheries enhancement group, lead entity, volunteer cooperative group, federally approved tribe in Washington, or a governmental hatchery in Washington, Oregon, or Idaho requests the department for viable eggs, the department must include the request within the brood stock document prepared for review by the regional offices. The eggs shall be distributed in accordance with the priority established in RCW 77.95.210 if they are available. A request for viable eggs may only be denied if the eggs would not be useful for propagation or salmon recovery purposes, as determined under RCW 77.95.210;
(e) Exempt volunteer groups from payment of fees to the department for activities related to the project;
(f) Publicize the cooperative program;
(g) Not substitute a new cooperative project for any part of the department's program unless mutually agreeable to the department and volunteer group;
(h) Not approve agreements that are incompatible with legally existing land, water, or property rights.
(2) The department may, when requested, provide to volunteer groups its available professional expertise and assist the volunteer group to evaluate its project. The department must conduct annual workshops in each administrative region of the department that has fish stocks listed as threatened or endangered under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., in order to assist volunteer groups with egg rearing, share information on successful salmon recovery projects accomplished by volunteers within the state, and provide basic training on monitoring efforts that can be accomplished by volunteers in order to help determine if their efforts are successful.
[ 2001 c 337 s 3; 1987 c 505 s 73; 1984 c 72 s 4. Formerly RCW 75.52.040.]

catchline: Duties of department.


title: RCW 77.100.060

text:
The commission shall establish by rule:
(1) The procedure for entering a cooperative agreement and the application forms for a permit to release fish or wildlife required by *RCW 77.12.457. The procedure shall indicate the information required from the volunteer group as well as the process of review by the department. The process of review shall include the means to coordinate with other agencies and Indian tribes when appropriate and to coordinate the review of any necessary hydraulic permit approval applications.
(2) The procedure for providing within forty-five days of receipt of a proposal a written response to the volunteer group indicating the date by which an acceptance or rejection of the proposal can be expected, the reason why the date was selected, and a written summary of the process of review. The response should also include any suggested modifications to the proposal which would increase its likelihood of approval and the date by which such modified proposal could be expected to be accepted. If the proposal is rejected, the department must provide in writing the reasons for rejection. The volunteer group may request the director or the director's designee to review information provided in the response.
(3) The priority of the uses to which eggs, seed, juveniles, or brood stock are put. Use by cooperative projects shall be second in priority only to the needs of programs of the department or of other public agencies within the territorial boundaries of the state. Sales of eggs, seed, juveniles, or brood stock have a lower priority than use for cooperative projects. The rules must identify and implement appropriate protocols for brood stock handling, including the outplanting of adult fish, spawning, incubation, rearing, and release and establish a prioritized schedule for implementation of chapter 337, Laws of 2001, and shall include directives for allowing more hatchery salmon to spawn naturally in areas where progeny of hatchery fish have spawned, including the outplanting of adult fish, in order to increase the number of viable salmon eggs and restore healthy numbers of fish within the state.
(4) The procedure for the director to notify a volunteer group that the agreement for the project is being revoked for cause and the procedure for revocation. Revocation shall be documented in writing to the volunteer group. Cause for revocation may include: (a) The unavailability of adequate biological or financial resources; (b) the development of unacceptable biological or resource management conflicts; or (c) a violation of agreement provisions. Notice of cause to revoke for a violation of agreement provisions may specify a reasonable period of time within which the volunteer group must comply with any violated provisions of the agreement.
(5) An appropriate method of distributing among volunteer groups fish, bird, or animal food or other supplies available for the program.
[ 2001 c 337 s 4; 2000 c 107 s 112; 1995 1st sp.s. c 2 s 42 (Referendum Bill No. 45, approved November 7, 1995); 1984 c 72 s 5. Formerly RCW 75.52.050.]
Notes:
*Reviser's note: RCW 77.12.457 was repealed by 2001 c 253 s 62.
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: Commission to establish rules—Subjects.


title: RCW 77.100.070

text:
Agreements under this chapter may be for up to five years, with the department attempting to maximize the duration of each cooperative agreement. The duration of the agreement should reflect the financial and volunteer commitment and the stability of the volunteer group as well as the department's expectation of resource availability and project contributions to the resource.
[ 1984 c 72 s 6. Formerly RCW 75.52.060.]

catchline: Agreements for cooperative projects—Duration.


title: RCW 77.100.080

text:
(1) The volunteer group shall:
(a) Provide care and diligence in conducting the cooperative project; and
(b) Maintain accurately the required records of the project on forms provided by the department.
(2) The volunteer group shall acknowledge that fish and game reared in cooperative projects are public property and must be handled and released for the benefit of all citizens of the state. The fish and game are to remain public property until reduced to private ownership under rules of the commission.
[ 2000 c 107 s 113; 1984 c 72 s 7. Formerly RCW 75.52.070.]

catchline: Duties of volunteer group.


title: RCW 77.100.090

text:
This chapter applies to cooperative projects which were in existence on June 7, 1984, or which require no further funding. Implementation of this chapter for new projects requiring funding shall be to the extent that funds are available from the aquatic land enhancement account.
[ 1984 c 72 s 8. Formerly RCW 75.52.080.]

catchline: Application of chapter.


title: RCW 77.100.100

text:
A salmon spawning channel shall be constructed on the Cedar river with the assistance and cooperation of the department. The department shall use existing personnel and the volunteer fisheries enhancement program outlined under chapter 77.100 RCW to assist in the planning, construction, and operation of the spawning channel.
[ 2000 c 107 s 114; 1993 sp.s. c 2 s 52; 1989 c 85 s 3. Formerly RCW 75.52.100.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Project designation—1989 c 85: "The legislature hereby designates the Cedar river sockeye salmon enhancement project as a "Washington state centennial salmon venture."" [ 1989 c 85 s 1.]
Legislative finding—1989 c 85: "The legislature recognizes that King county has a unique urban setting for a recreational fishery and that Lake Washington and the rivers flowing into it should be developed for greater salmon production. A Lake Washington fishery is accessible to fifty percent of the state's citizens by automobile in less than one hour. There has been extensive sockeye fishing success in Lake Washington, primarily from fish originating in the Cedar river. The legislature intends to enhance the Cedar river fishery by active state and local management and intends to maximize the Lake Washington sockeye salmon runs for recreational fishing for all of the citizens of the state. A sockeye enhancement program could produce two to three times the current numbers of returning adults. A sockeye enhancement project would increase the public's appreciation of our state's fisheries, would demonstrate the role of a clean environment, and would show that positive cooperation can exist between local and state government in planning and executing programs that directly serve the public. A spawning channel in the Cedar river has been identified as an excellent way to enhance the Lake Washington sockeye run. A public utility currently diverting water from the Cedar river for beneficial public use has expressed willingness to fund the planning, design, evaluation, construction, and operation of a spawning channel on the Cedar river." [ 1989 c 85 s 2.]
Severability—1989 c 85: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 85 s 11.]

catchline: Cedar river spawning channel.


title: RCW 77.100.110

text:
The department shall chair a technical committee, which shall review the preparation of enhancement plans and construction designs for a Cedar river sockeye spawning channel. The technical committee shall consist of not more than eight members: One representative each from the department, national marine fisheries service, United States fish and wildlife service, and Muckleshoot Indian tribe; and four representatives from the public utility described in RCW 77.100.130. The technical committee will be guided by a policy committee, also to be chaired by the department, which shall consist of not more than six members: One representative from the department, one from the Muckleshoot Indian tribe, and one from either the national marine fisheries service or the United States fish and wildlife service; and three representatives from the public utility described in RCW 77.100.130. The policy committee shall oversee the operation and evaluation of the spawning channel. The policy committee will continue its oversight until the policy committee concludes that the channel is meeting the production goals specified in RCW 77.100.120.
[ 2000 c 107 s 115; 1998 c 245 s 156; 1993 sp.s. c 2 s 53; 1989 c 85 s 4. Formerly RCW 75.52.110.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Project designation—Legislative finding—Severability—1989 c 85: See notes following RCW 77.100.100.

catchline: Cedar river spawning channel—Technical committee—Policy committee.


title: RCW 77.100.120

text:
The channel shall be designed to produce, at a minimum, fry comparable in quality to those produced in the Cedar river and equal in number to what could be produced naturally by the estimated two hundred sixty-two thousand adults that could have spawned upstream of the Landsburg diversion. Construction of the spawning channel shall commence no later than September 1, 1990. Initial construction size shall be adequate to produce fifty percent or more of the production goal specified in this section.
[ 1989 c 85 s 5. Formerly RCW 75.52.120.]
Notes:
Project designation—Legislative finding—Severability—1989 c 85: See notes following RCW 77.100.100.

catchline: Cedar river spawning channel—Specifications.


title: RCW 77.100.130

text:
The legislature recognizes that, if funding for planning, design, evaluation, construction, and operating expenses is provided by a public utility that diverts water for beneficial public use, and if the performance of the spawning channel meets the production goals described in RCW 77.100.120, the spawning channel project will serve, at a minimum, as compensation for lost sockeye salmon spawning habitat upstream of the Landsburg diversion. The amount of funding to be supplied by the utility will fully fund the total cost of planning, design, evaluation, and construction of the spawning channel.
[ 2000 c 107 s 116; 1989 c 85 s 6. Formerly RCW 75.52.130.]
Notes:
Project designation—Legislative finding—Severability—1989 c 85: See notes following RCW 77.100.100.

catchline: Cedar river spawning channel—Funding.


title: RCW 77.100.150

text:
The legislature hereby declares that the construction of the Cedar river sockeye spawning channel is in the best interests of the state of Washington.
[ 1989 c 85 s 9. Formerly RCW 75.52.150.]
Notes:
Project designation—Legislative finding—Severability—1989 c 85: See notes following RCW 77.100.100.

catchline: Cedar river spawning channel—Legislative declaration.


title: RCW 77.100.160

text:
Should the requirements of RCW 77.100.100 through 77.100.160 not be met, the department shall seek immediate legal clarification of the steps which must be taken to fully mitigate water diversion projects on the Cedar river.
[ 2000 c 107 s 118; 1993 sp.s. c 2 s 54; 1989 c 85 s 10. Formerly RCW 75.52.160.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Project designation—Legislative finding—Severability—1989 c 85: See notes following RCW 77.100.100.

catchline: Cedar river spawning channel—Mitigation of water diversion projects.


title: RCW 77.100.170

text:
The manager of a state fish hatchery operated by the department of fish and wildlife may allow nonprofit volunteer groups affiliated with the hatchery to undertake projects to raise donations, gifts, and grants that enhance support for the hatchery or activities in the surrounding watershed that benefit the hatchery. The manager may provide agency personnel and services, if available, to assist in the projects and may allow the volunteer groups to conduct activities on the grounds of the hatchery.
The director of the department of fish and wildlife shall encourage and facilitate arrangements between hatchery managers and nonprofit volunteer groups and may establish guidelines for such arrangements.
[ 1995 c 224 s 1. Formerly RCW 75.08.047.]

catchline: Fish hatcheries—Volunteer group projects.


title: RCW 77.105.005

text:
(1) The legislature finds the sheltered waters of Puget Sound (waters east of the Sekiu river) have historically provided the citizens of the state with the safest and most convenient access to productive marine recreational fishing.
(2) The legislature further recognizes the economic value in restoring and rebuilding the recreational fishing opportunities in Puget Sound for salmon and marine bottomfish, and that these opportunities have declined in the past two decades. Investments made in recreational fishing programs will repay the people of the state many times over in increased economic activity and in an improved quality of life.
(3) It is the intent of the legislature to improve recreational fishing opportunities in Puget Sound and Lake Washington from current levels and increase the economic benefits from the fishery, particularly recognizing the unique recreational experience provided by the winter salmon fishery. In addition, the legislature has determined that the number of angler trips expended in these waters is the measure of fishing opportunity.
[ 2011 c 266 s 1; 1993 sp.s. c 2 s 82. Formerly RCW 75.54.005.]

catchline: Findings—Intent.


title: RCW 77.105.010

text:
There is created within the department of fish and wildlife the Puget Sound recreational salmon and marine fish enhancement program. The department of fish and wildlife shall identify a coordinator for the program who shall act as spokesperson for the program and shall:
(1) Coordinate the activities of the Puget Sound recreational salmon and marine fish enhancement program, including the Lake Washington salmon fishery; and
(2) Work within and outside of the department to achieve the goals stated in this chapter, including coordinating with the Puget Sound recreational fisheries enhancement oversight committee established in RCW 77.105.160.
[ 2003 c 173 s 1; 1998 c 245 s 157; 1993 sp.s. c 2 s 83. Formerly RCW 75.54.010.]

catchline: Program created—Coordinator.


title: RCW 77.105.020

text:
(1) Consistent with available revenue, commission policies, tribal comanager agreements, and limitations of the endangered species act, the department, in consultation with the oversight committee created in RCW 77.105.160, shall adaptively manage the Puget Sound recreational salmon and marine fish enhancement program to maximize the benefits to the Puget Sound recreational fishery.
(2) The department has the following duties:
(a) The department shall utilize a program of hatchery-based salmon enhancement and solicit support from cooperative projects, regional enhancement groups, and other supporting organizations to improve recreational salmon fishing in Puget Sound.
(b) The department may conduct comprehensive research on resident and migratory salmon production opportunities on marine bottomfish production limitations, and on methods for artificial propagation of depleted marine bottomfish.
(c) The program must facilitate continued and improved recreational fishing opportunities in Puget Sound and Lake Washington as measured by increased angler trips of participation. The coordinator, as identified in RCW 77.105.010, shall assist the oversight committee with development of recommendations for outcome-based goals and objectives to assess the effectiveness of the program.
(d) The director shall meet with the oversight committee each year to review and approve these goals and objectives.
(e) The director and oversight committee shall report annually to the commission on the goals of the program and the effectiveness of the program in meeting those goals. Objectives include, but are not limited to, an increase in salmon and bottomfish angler trips.
(f) The department and the oversight committee shall seek to reach consensus regarding program activities and expenditures. The department shall provide the oversight committee with a written explanation when the department expends funds from the recreational fisheries enhancement account that differs substantially from oversight committee recommendations.
(g) Consistent with RCW 43.01.036, the department and oversight committee shall make a joint report to the legislature on the effectiveness of this program in biennial reports. Reports must include the goals and objectives of the previous biennium and a determination of whether the goals and objectives were met and an explanation if the department did not meet these specific objectives.
[ 2011 c 266 s 2; 1993 sp.s. c 2 s 84. Formerly RCW 75.54.020.]

catchline: Department responsibilities—Report to the legislature.


title: RCW 77.105.030

text:
The department may seek recommendations from persons who are expert on the planning and operation of programs for enhancement of recreational fisheries. The department may use the expertise of the University of Washington school of aquatic and fishery sciences and the sea grant program to develop research and enhancement programs.
[ 2011 c 266 s 3; 1993 sp.s. c 2 s 85. Formerly RCW 75.54.030.]

catchline: Planning and operation of programs—Assistance from nondepartmental sources.


title: RCW 77.105.050

text:
The department may conduct research, develop methods, and implement programs for the artificial rearing and release of marine bottomfish species. Marine bottomfish species of importance in the recreational fishery are the primary emphasis. The department may use artificial habitats to restore and mitigate for degraded rockfish habitats and enhance recreational opportunities.
[ 2011 c 266 s 5; 1993 sp.s. c 2 s 87. Formerly RCW 75.54.050.]

catchline: Marine bottomfish species—Research, methods, and programs for artificial rearing.


title: RCW 77.105.140

text:
As provided in RCW 77.32.440, a portion of each saltwater and combination fishing license fee shall be deposited in the recreational fisheries enhancement account created in RCW 77.105.150.
[ 2000 c 107 s 119; 1998 c 191 s 28; 1997 c 197 s 1; 1993 sp.s. c 2 s 97. Formerly RCW 75.54.140.]
Notes:
Effective date—1998 c 191: See note following RCW 77.32.410.

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


title: RCW 77.105.150

text:
The recreational fisheries enhancement account is created in the state treasury. All receipts from RCW 77.105.140 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for recreational fisheries enhancement programs identified in this chapter. Except during the 2025-2027 fiscal biennium, in which moneys may be transferred to the fish, wildlife, and conservation account, under no circumstances may moneys from the account be used to backfill shortfalls in other state funding sources.
[ 2025 c 424 s 986; 2003 c 173 s 3; 2000 c 107 s 120; 1993 sp.s. c 2 s 98. Formerly RCW 75.54.150.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.

catchline: Recreational fisheries enhancement account.


title: RCW 77.105.160

text:
(1) The Puget Sound recreational fisheries enhancement oversight committee is created. The director shall appoint at least seven members representing sport fishing interests to the committee from a list of applicants, ensuring broad representation from the sport fishing community. Each member shall serve for a term of two years, and may be reappointed for subsequent two-year terms at the discretion of the director. Members of the committee serve without compensation.
(2) The Puget Sound recreational fisheries enhancement oversight committee has the following duties:
(a) Advise the department on all aspects of the Puget Sound recreational fisheries enhancement program;
(b) Develop recommendations, with assistance from the coordinator, for outcome-based goals and objectives to assess the effectiveness of the program;
(c) Meet with the director each year to review these goals and objectives;
(d) Report annually with the director to the commission on the goals of the program and the effectiveness of the program in meeting those goals;
(e) Review and provide guidance on the annual budget for the recreational fisheries enhancement account;
(f) Select a chair of the committee. It is the chair's duty to coordinate with the department on all issues related to the Puget Sound recreational fisheries enhancement program;
(g) Meet at least quarterly with the department's coordinator as identified in RCW 77.105.010 of the Puget Sound recreational fisheries enhancement program;
(h) Review and comment on program documents and proposed production of salmon and other species;
(i) Address other issues related to the purposes of the Puget Sound recreational fisheries enhancement program that are of interest to recreational fishers in Puget Sound; and
(j) Consistent with RCW 43.01.036, make a joint report with the department to the legislature each biennium on the status of the program.
[ 2011 c 266 s 6; 2003 c 173 s 2.]

catchline: Puget Sound recreational fisheries enhancement oversight committee—Created—Duties—Report to the legislature.


title: RCW 77.105.170

text:
The department shall utilize artificial rearing of salmon to improve recreational salmon fishing in Puget Sound. In managing salmon, the department shall seek to develop and implement methods that will increase recreational angling opportunities. These methods may include, but are not limited to, the following tools:
(1) Utilization of salmon artificial rearing techniques that contribute to the recreational fisheries in Puget Sound, especially winter salmon fishing.
(2) Optimum use of hatchery salmon through expanded recreational mark-selective fisheries.
(3) Utilization of recreational salmon and marine fish enhancement program funds for catch monitoring when required to increase recreational mark-selective fisheries.
(4) Consideration of new catch and release recreational fisheries utilizing gear and methods known to minimize hooking mortality.
(5) Providing public information regarding angling opportunities and fishing methods.
[ 2011 c 266 s 4.]

catchline: Managing salmon to increase recreational angling opportunities in Puget Sound.