title: RCW 77.12.590

text:
Wildlife given away, sold, or transferred by a licensed game farmer shall have attached to each wildlife member, package, or container, a tag, seal, or invoice as required by rule of the director. Private sector cultured aquatic products as defined in RCW 15.85.020 are exempt from regulation under this section.
[ 1987 c 506 s 51; 1985 c 457 s 23; 1980 c 78 s 100; 1955 c 36 s 77.28.080. Prior: 1947 c 275 s 88; Rem. Supp. 1947 s 5992-97. Formerly RCW 77.28.080.]
Notes:
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: Game farms—Tagging of products—Exemption.


doc_type: statute

jurisdiction: wa

title: RCW 77.12.600

text:
A common carrier may transport wildlife shipped by a licensed game farmer if the wildlife is tagged, sealed, or invoiced as provided in RCW 77.12.590. Packages containing wildlife shall have affixed to them tags or labels showing the name of the licensee and the consignee. For purposes of this section, wildlife does not include private sector cultured aquatic products as defined in RCW 15.85.020. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, this exemption from the definition of wildlife applies only if the aquatic products are identified in conformance with those rules.
[ 1985 c 457 s 24; 1980 c 78 s 101; 1955 c 36 s 77.28.090. Prior: 1947 c 275 s 89; Rem. Supp. 1947 s 5992-98. Formerly RCW 77.28.090.]
Notes:
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Game farms—Shipping of wildlife—Exemption.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 77.12.610

text:
The purposes of RCW 77.12.610 through 77.12.630 are to facilitate the department's gathering of biological data for managing wildlife, fish, and shellfish resources of this state and to protect these resources by assuring compliance with Title 77 RCW, and rules adopted thereunder, in a manner designed to minimize inconvenience to the public.
[ 2000 c 107 s 225; 1982 c 155 s 1.]

catchline: Check stations—Purpose.


title: RCW 77.12.620

text:
The department is authorized to require hunters and fishers occupying a motor vehicle approaching or entering a check station to stop and produce for inspection: (1) Any wildlife, fish, shellfish, or seaweed in their possession; (2) licenses, permits, tags, stamps, or catch record cards, required under Title 77 RCW, or rules adopted thereunder. For these purposes, the department is authorized to operate check stations which shall be plainly marked by signs, operated by at least one uniformed fish and wildlife officer, and operated in a safe manner.
[ 2013 c 23 s 240; 2000 c 107 s 226; 1982 c 155 s 2.]

catchline: Check stations—Stopping for inspection.


title: RCW 77.12.630

text:
The powers conferred by RCW 77.12.610 through 77.12.630 are in addition to all other powers conferred by law upon the department. Nothing in RCW 77.12.610 through 77.12.630 shall be construed to prohibit the department from operating wildlife information stations at which persons shall not be required to stop and report, or from executing arrests, searches, or seizures otherwise authorized by law.
[ 2000 c 107 s 227; 1982 c 155 s 4.]

catchline: Check stations—Other inspections, powers.


title: RCW 77.12.650

text:
The department shall cooperate with other local, state, and federal agencies and governments to protect bald eagles and their essential habitats through existing governmental programs, including but not limited to:
(1) The natural heritage program managed by the department of natural resources under chapter 79.70 RCW;
(2) The natural area preserve program managed by the department of natural resources under chapter 79.70 RCW;
(3) The shoreline management master programs adopted by local governments and approved by the department of ecology under chapter 90.58 RCW.
[ 1987 c 506 s 52; 1984 c 239 s 2.]
Notes:
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Legislative declaration—1984 c 239: "The legislature hereby declares that the protection of the bald eagle is consistent with a societal concern for the perpetuation of natural life cycles, the sensitivity and vulnerability of particular rare and distinguished species, and the quality of life of humans." [ 1984 c 239 s 1.]

catchline: Protection of bald eagles and their habitats—Cooperation required.


title: RCW 77.12.655

text:
The department, in accordance with chapter 34.05 RCW, shall adopt and enforce necessary rules defining the extent and boundaries of habitat buffer zones for bald eagles. Rules shall take into account the need for variation of the extent of the zone from case to case, and the need for protection of bald eagles. The rules shall also establish guidelines and priorities for purchase or trade and establishment of conservation easements and/or leases to protect such designated properties. The department shall also adopt rules to provide adequate notice to property owners of their options under RCW 77.12.650 and this section.
[ 2000 c 107 s 228; 1990 c 84 s 3; 1984 c 239 s 3.]
Notes:
Legislative declaration—1984 c 239: See note following RCW 77.12.650.

catchline: Habitat buffer zones for bald eagles—Rules.


title: RCW 77.12.670

text:
(1) Beginning July 1, 2011, the department, after soliciting recommendations from the public, shall select the design for the *migratory bird stamp.
(2) All revenue derived from the sale of migratory bird license validations or stamps by the department to any person hunting waterfowl or to any stamp collector shall be deposited in the limited fish and wildlife account and shall be used only for that portion of the cost of printing and production of the stamps for migratory waterfowl hunters as determined by subsection (4) of this section, and for those migratory waterfowl projects specified by the director of the department for the acquisition and development of migratory waterfowl habitat in the state and for the enhancement, protection, and propagation of migratory waterfowl in the state. Migratory bird license validation and stamp funds may not be used on lands controlled by private hunting clubs or on private lands that charge a fee for public access. Migratory bird license validation and stamp funds may be used for migratory waterfowl projects on private land where public hunting is provided by written permission or on areas established by the department as waterfowl hunting closures.
(3) All revenue derived from the sale of the license validation and stamp by the department to persons hunting solely nonwaterfowl migratory birds shall be deposited in the limited fish and wildlife account and shall be used only for that portion of the cost of printing and production of the stamps for nonwaterfowl migratory bird hunters as determined by subsection (4) of this section, and for those nonwaterfowl migratory bird projects specified by the director for the acquisition and development of nonwaterfowl migratory bird habitat in the state and for the enhancement, protection, and propagation of nonwaterfowl migratory birds in the state.
(4) With regard to the revenue from license validation and stamp sales that is not the result of sales to stamp collectors, the department shall determine the proportion of migratory waterfowl hunters and solely nonwaterfowl migratory bird hunters by using the yearly migratory bird hunter harvest information program survey results or, in the event that these results are not available, other similar survey results. A two-year average of the most recent survey results shall be used to determine the proportion of the revenue attributed to migratory waterfowl hunters and the proportion attributed to solely nonwaterfowl migratory bird hunters for each fiscal year. For fiscal year 1998-99 and for fiscal year 1999-2000, ninety-six percent of the stamp revenue shall be attributed to migratory waterfowl hunters and four percent of the stamp revenue shall be attributed to solely nonwaterfowl migratory game hunters.
(5) Acquisition shall include but not be limited to the acceptance of gifts of real estate or any interest therein or the rental, lease, or purchase of real estate or any interest therein. If the department acquires any fee interest, leasehold, or rental interest in real property under this section, it shall allow the general public reasonable access to that property and shall, if appropriate, ensure that the deed or other instrument creating the interest allows such access to the general public. If the department obtains a covenant in real property in its favor or an easement or any other interest in real property under this section, it shall exercise its best efforts to ensure that the deed or other instrument creating the interest grants to the general public in the form of a covenant running with the land reasonable access to the property. The private landowner from whom the department obtains such a covenant or easement shall retain the right of granting access to the lands by written permission, but may not charge a fee for access.
(6) The department may produce *migratory bird stamps in any given year in excess of those necessary for sale in that year. The excess stamps may be sold to the public.
[ 2020 c 148 s 15; 2011 1st sp.s. c 21 s 15; 2002 c 283 s 2; 1998 c 191 s 32; 1987 c 506 s 53; 1985 c 243 s 4.]
Notes:
*Reviser's note: The term "migratory bird stamp" was changed to "migratory bird permit" pursuant to 2011 c 339 s 2.
Intent—Effective date—2020 c 148: See notes following RCW 77.12.170.
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
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 bird permit/migratory bird license validations—Deposit and use of revenues.


title: RCW 77.12.690

text:
(1) The director is responsible for the selection of the annual *migratory bird stamp design. The department shall create collector art prints and related artwork, utilizing the same design. The administration, sale, distribution, and other matters relating to the prints and sales of stamps with prints and related artwork shall be the responsibility of the department.
(2) The total amount brought in from the sale of prints and related artwork shall be deposited in the limited fish and wildlife account created in RCW 77.12.170(1). The costs of producing and marketing of prints and related artwork shall be paid out of the total amount brought in from sales of those same items. Net funds derived from the sale of prints and related artwork shall be used by the director to contract with one or more appropriate individuals or nonprofit organizations for the development of waterfowl propagation projects within Washington which specifically provide waterfowl for the Pacific flyway. The department shall not contract with any individual or organization that obtains compensation for allowing waterfowl hunting except if the individual or organization does not permit hunting for compensation on the subject property.
[ 2020 c 148 s 16; 2011 1st sp.s. c 21 s 16; 2009 c 333 s 38. Prior: 1998 c 245 s 158; 1998 c 191 s 33; 1987 c 506 s 55; 1985 c 243 s 6.]
Notes:
*Reviser's note: The term "migratory bird stamp" was changed to "migratory bird permit" pursuant to 2011 c 339 s 2.
Intent—Effective date—2020 c 148: See notes following RCW 77.12.170.
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
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: Annual migratory bird permit design—Administration, sale, and distribution—Deposit and use of funds.


title: RCW 77.12.702

text:
(1) The department is directed to develop and implement a rockfish research and stock assessment program. Using funds from the rockfish research account created in subsection (2) of this section, the department must conduct Puget Sound basin and coastal surveys with new and existing technology to estimate the current abundance and future recovery of rockfish populations and other groundfish species. The stock assessment must include an evaluation of the potential for marine fish enhancement. Beginning December 2008, and every two years thereafter, the department shall report to the appropriate committees of the legislature on the status of the stock assessment program.
(2) The rockfish research account is created in the custody of the state treasurer. All receipts from surcharges assessed on commercial and recreational fishing licenses for the purposes of rockfish research must be deposited into the account. Expenditures from the account may be used only for rockfish research, including stock assessments. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2007 c 442 s 2.]
Notes:
Findings—Intent—2007 c 442: "(1) The legislature finds that:
(a) Seven rockfish stocks, including canary and yelloweye rockfish, have been designated under federal law by the national marine fisheries services as overfished on the west coast.
(b) The department of fish and wildlife has classified certain rockfish species within Puget Sound as critically depressed. These common species of rockfish have undergone dramatic declines in Puget Sound and the coast during the past three decades.
(c) The Pacific fishery management council and the department of fish and wildlife have eliminated the directed commercial fisheries and greatly reduced the recreational fishing opportunity for these species.
(d) Due to the interactions of these depleted stocks with the healthier ones, commercial and recreational fisheries have been severely constrained in recent years in order to rebuild the populations of these overfished rockfish. For many of these stocks there have been no recent stock assessments, or the current assessments are based on poor data. Improved survey information is essential for assessing abundance and to monitor progress toward rebuilding efforts on the coast and in Puget Sound.
(e) Department of fish and wildlife staff have been developing underwater robot technology or remote operated vehicles to scientifically estimate the abundance of rockfish populations in both the nearshore and in deep waters. These new assessment techniques, coupled with existing bottom trawl surveys, will be used to estimate current abundance and future recovery of rockfish populations along the coast of Washington and in Puget Sound.
(2) Therefore, the legislature intends to implement a targeted surcharge on commercial licenses issued by the department of fish and wildlife that provides for the retention or landing of ground fish, and a targeted surcharge on recreational saltwater fishing licenses. Funds derived from the surcharge will be used by the department of fish and wildlife solely for the purpose of conducting rockfish research and stock assessments." [ 2007 c 442 s 1.]
Effective date—2007 c 442: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 11, 2007]." [ 2007 c 442 s 6.]

catchline: Rockfish research and stock assessment program—Report to the legislature—Rockfish research account.


title: RCW 77.12.705

text:
If the population of southern resident orcas reaches a threshold of 70 individuals or fewer, the department must provide a report to the legislature within one year of the threshold being met, consistent with RCW 43.01.036, that includes a study of how mandatory 1,000-yard setbacks for all vessels has been enforced and identifies gaps and solutions to support any improvements, the use of data science with respect to southern resident orca pod health, and evidence-based plans to address southern resident orca pod health.
[ 2023 c 452 s 5.]
Notes:
Findings—Intent—2023 c 452: See note following RCW 77.15.740.

catchline: Southern resident orcas population threshold—Report to the legislature.


title: RCW 77.12.722

text:
For the purposes of establishing a season or bag limit restriction on Canada goose hunting, the commission shall not consider leg length or bill length of dusky Canada geese (Branta canadensis occidentalis).
[ 2000 c 107 s 259; 1998 c 190 s 119; 1996 c 207 s 3; 1987 c 506 s 59; 1983 c 3 s 196; 1981 c 310 s 3; 1980 c 78 s 70; 1977 c 44 s 1; 1955 c 36 s 77.16.020. Prior: 1947 c 275 s 41; Rem. Supp. 1947 s 5992-50. Formerly RCW 77.16.020.]
Notes:
Intent—1996 c 207: See note following RCW 77.08.010.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Canada goose hunting—Season or bag limit restriction.


title: RCW 77.12.732

text:
(1) Prior to transferring ownership of a department-owned vessel, the department shall conduct a thorough review of the physical condition of the vessel, the vessel's operating capability, and any containers and other materials that are not fixed to the vessel.
(2) If the department determines that the vessel is in a state of advanced deterioration or poses a reasonably imminent threat to human health or safety, including a threat of environmental contamination, the department may: (a) Not transfer the vessel until the conditions identified under this subsection have been corrected; or (b) permanently dispose of the vessel by landfill, deconstruction, or other related method.
(3) Vessels taken into custody under chapter 79.100 RCW are not subject to this section or RCW 77.12.734.
[ 2013 c 291 s 9.]

catchline: Transfer of ownership of department-owned vessel—Review of vessel's physical condition.


title: RCW 77.12.734

text:
(1) Following the inspection required under RCW 77.12.732 and prior to transferring ownership of a department-owned vessel, the department shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the vessel; and
(b) Information demonstrating the prospective owner's intent to obtain legal moorage following the transfer, in the manner determined by the department.
(2)(a) The department shall remove any containers or other materials that are not fixed to the vessel and contain hazardous substances, as defined under RCW 70A.305.020.
(b) However, the department may transfer a vessel with:
(i) Those containers or materials described under (a) of this subsection where the transferee demonstrates to the department's satisfaction that the container's or material's presence is consistent with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the department, based on factors including the vessel's size, condition, and anticipated use of the vessel, including initial destination following transfer.
(c) The department may consult with the department of ecology in carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid marine document, the department is required to apply for a certificate of title for the vessel under RCW 88.02.510 and register the vessel under RCW 88.02.550.
[ 2021 c 65 s 81; 2013 c 291 s 10.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Transfer of ownership of department-owned vessel—Further requirements.


title: RCW 77.12.742

text:
(1) The Columbia river recreational salmon and steelhead endorsement program account is created in the custody of the state treasurer. All receipts from Columbia river salmon and steelhead endorsement purchases under RCW 77.12.745 and gifts made for purposes of the Columbia river recreational salmon and steelhead endorsement program must be deposited into the account. Expenditures from the account may be used only to facilitate recreational salmon and steelhead selective fishing opportunities on the Columbia river and its tributaries including, but not limited to, monitoring, hatchery production, pinniped removal, and enforcement. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) This section expires January 1, 2028.
[ 2025 c 321 s 1.]
Notes:
Effective date—2025 c 321: "This act takes effect January 1, 2026." [ 2025 c 321 s 4.]

catchline: Columbia river recreational salmon and steelhead endorsement program account. (Expires January 1, 2028.)


title: RCW 77.12.745

text:
(1) In addition to a recreational license required under this chapter, a Columbia river salmon and steelhead endorsement is required in order for any person 15 years of age or older to fish recreationally for salmon or steelhead in the Columbia river and its tributaries where these fisheries have been authorized by the department. The cost for each endorsement is $7.50 for residents and nonresidents and $6 for youth and seniors. The department shall deposit all receipts from endorsement purchases into the Columbia river recreational salmon and steelhead endorsement program account created in RCW 77.12.742.
(2) For the purposes of this section and RCW 77.12.742, the term "Columbia river" means the Columbia river from a line across the Columbia river between Rocky Point in Washington and Tongue Point in Oregon to the Chief Joseph dam.
(3) This section expires January 1, 2028.
[ 2025 c 321 s 2.]
Notes:
Effective date—2025 c 321: See note following RCW 77.12.742.

catchline: Columbia river salmon and steelhead endorsement. (Expires January 1, 2028.)


title: RCW 77.12.748

text:
(1) By December 1, 2026, the department and the relevant stakeholders shall review the Columbia river salmon and steelhead endorsement program, prepare a brief summary of the activities conducted under the program, and provide this summary and a recommendation whether the program should be continued to the appropriate committees of the legislature.
(2) This section expires January 1, 2028.
[ 2025 c 321 s 3.]
Notes:
Effective date—2025 c 321: See note following RCW 77.12.742.

catchline: Columbia river salmon and steelhead endorsement program—Review—Summary, recommendation. (Expires January 1, 2028.)


title: RCW 77.12.755

text:
In coordination with the department of natural resources and lead entity groups, the department must establish a ranked inventory of fish passage barriers on land owned by small forestland owners based on the principle of fixing the worst first within a watershed consistent with the fish passage priorities of the forest and fish report. The department shall first gather and synthesize all available existing information about the locations and impacts of fish passage barriers in Washington. This information must include, but not be limited to, the most recently available limiting factors analysis conducted pursuant to RCW 77.85.060(2), the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available. The inventory of fish passage barriers must be kept current and at a minimum be updated by the beginning of each calendar year. Nothing in this section grants the department or others additional right of entry onto private property.
[ 2003 c 311 s 10.]
Notes:
Findings—Effective date—2003 c 311: See notes following RCW 76.09.020.

catchline: Ranked inventory of fish passage barriers.


title: RCW 77.12.760

text:
Steelhead trout shall be managed solely as a recreational fishery for non-Indian fishers under the rule-setting authority of the fish and wildlife commission.
Commercial non-Indian steelhead fisheries are not authorized.
[ 2013 c 23 s 241; 1993 sp.s. c 2 s 78.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.

catchline: Steelhead trout fishery.


title: RCW 77.12.765

text:
The director shall develop proposals to reinstate the natural salmon and steelhead trout fish runs in the Tilton and upper Cowlitz rivers in accordance with RCW 77.04.120(3).
[ 2000 c 107 s 206; 1993 sp.s. c 2 s 65; 1985 c 208 s 2. Formerly RCW 77.04.100.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.

catchline: Tilton and Cowlitz rivers—Proposals to reinstate salmon and steelhead.


title: RCW 77.12.790

text:
There is created within the department the eastern Washington pheasant enhancement program. The purpose of the program is to improve the harvest of pheasants by releasing pen-reared rooster pheasants on sites accessible for public hunting and by providing grants for habitat enhancement on public or private lands under agreement with the department. The department may either purchase rooster pheasants from private contractors, or produce rooster pheasants from department-sanctioned cooperative projects, whichever is less expensive, provided that the pheasants released meet minimum department standards for health and maturity. Any surplus hen pheasants from pheasant farms or projects operated by the department or the department of corrections for this enhancement program shall be made available to landowners who voluntarily open their lands to public pheasant hunting. Pheasants produced for the eastern Washington pheasant enhancement program must not detrimentally affect the production or operation of the department's western Washington pheasant release program. The release of pheasants for hunting purposes must not conflict with or supplant other department efforts to improve upland bird habitat or naturally produced upland birds.
[ 1997 c 422 s 2.]
Notes:
Findings—1997 c 422: "The legislature finds that pheasant populations in eastern Washington have greatly decreased from their historic high levels and that pheasant hunting success rates have plummeted. The number of pheasant hunters has decreased due to reduced hunting success. There is an opportunity to enhance the pheasant population by release of pen-reared pheasants and habitat enhancements to create increased hunting opportunities on publicly owned and managed lands." [ 1997 c 422 s 1.]

catchline: Eastern Washington pheasant enhancement program—Purpose.


title: RCW 77.12.800

text:
The commission must establish special pheasant hunting opportunities for juvenile hunters in eastern Washington for the 1998 season and future seasons.
[ 1997 c 422 s 3.]
Notes:
Findings—1997 c 422: See note following RCW 77.12.790.

catchline: Pheasant hunting—Opportunities for juvenile hunters.


title: RCW 77.12.810

text:
Five percent of the revenue received from the sale of each small game hunting license fee shall be deposited in the eastern Washington pheasant enhancement account created in RCW 77.12.820.
[ 2025 c 328 s 2; 1998 c 191 s 30; 1997 c 422 s 4.]
Notes:
Effective date—2025 c 328: See note following RCW 77.08.010.
Effective date—1998 c 191: See note following RCW 77.32.410.
Findings—1997 c 422: See note following RCW 77.12.790.

catchline: Small game hunting license—Disposition of fee.


title: RCW 77.12.820

text:
The eastern Washington pheasant enhancement account is created in the custody of the state treasurer. All receipts under RCW 77.12.810 must be deposited in the account. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the eastern Washington pheasant enhancement program. The department may use moneys from the account to improve pheasant habitat or to purchase or produce pheasants. The department must continue to release rooster pheasants in eastern Washington. The eastern Washington pheasant enhancement account funds must not be used for the purchase of land. The account may be used to offer grants to improve pheasant habitat on public or private lands that are open to public hunting. The department may enter partnerships with private landowners, nonprofit corporations, cooperative groups, and federal or state agencies for the purposes of pheasant habitat enhancement in areas that will be available for public hunting. The department shall submit an annual report to the appropriate committees of the legislature by December 1st regarding the department's eastern Washington pheasant activities.
[ 2009 c 333 s 52; 1997 c 422 s 5.]
Notes:
Findings—1997 c 422: See note following RCW 77.12.790.

catchline: Eastern Washington pheasant enhancement account—Created—Use of moneys—Report to the legislature.


title: RCW 77.12.850

text:
The definitions in this section apply throughout RCW 77.12.850 through 77.12.860 unless the context clearly requires otherwise.
(1) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in this title, 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
(2) "Department" means the department of fish and wildlife.
(3) "Stamp" means the stamp created under the Washington salmon stamp program and the Washington junior salmon stamp program, created in RCW 77.12.850 through 77.12.860.
[ 2011 1st sp.s. c 21 s 20; 1999 c 342 s 2.]
Notes:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Finding—1999 c 342: "The legislature finds that salmon recovery in Washington state will involve everyone and will require funds to accomplish recovery measures. Several species of salmon in Washington are, or are expected to be, listed as threatened or endangered under the federal endangered species act. At present, these species include chinook, chum, bull trout and coho. To bring attention to the importance of the recovery of salmon and their place in Washington's heritage, raise funds for salmon recovery projects, and involve citizens of all ages, the Washington salmon stamp and Washington junior salmon stamp programs are created." [ 1999 c 342 s 1.]

catchline: Definitions.


title: RCW 77.12.852

text:
(1) The Washington salmon stamp program is created in the department. The purpose of the program is the creation of a stamp that will portray a salmonid species native to Washington and will be used for stamps, prints, and posters that can be sold in a wide range of prices and editions to appeal to citizens and collectors interested in supporting salmon restoration. The proceeds from the sale of the Washington salmon stamp shall be used for protection, preservation, and restoration of salmonid habitat in Washington.
(2) Every year the department will announce competition, open to all Washington artists, for the creation of the year's Washington salmon stamp. The department will market the stamp and prints through a wide distribution method including websites, license sites, and at public events.
(3) The winning artist will receive a monetary award and a certain number of artist proof prints.
[ 1999 c 342 s 3.]
Notes:
Finding—1999 c 342: See note following RCW 77.12.850.

catchline: Washington salmon stamp program—Creation.


title: RCW 77.12.854

text:
(1) The Washington junior salmon stamp program is created in the department. The purpose of the program is the creation of a stamp that will portray a salmonid species native to Washington and will be used for stamps, prints, and posters that can be sold in a wide range of prices and editions to appeal to citizens and collectors interested in supporting salmon restoration.
(2) Every year the department will announce a competition for the Washington junior salmon stamp program among Washington K-12 students. The top winner will receive a scholarship award.
[ 1999 c 342 s 4.]
Notes:
Finding—1999 c 342: See note following RCW 77.12.850.

catchline: Washington junior salmon stamp program—Creation.


title: RCW 77.12.858

text:
All receipts from the salmon stamp program created under RCW 77.12.850 through 77.12.860 must be deposited into the regional fisheries enhancement salmonid recovery account created under RCW 77.95.130. Expenditures from the account may be used only for the purposes specified in RCW 77.95.130 and chapter 342, Laws of 1999. The department shall report biennially to the legislature on the amount of money the salmon stamp program has generated.
[ 2000 c 107 s 230; 1999 c 342 s 6.]
Notes:
Finding—1999 c 342: See note following RCW 77.12.850.

catchline: Deposit of receipts—Expenditures.


title: RCW 77.12.860

text:
The department is granted the authority to establish by rule the method for selecting appropriate designs for the Washington salmon stamp program and Washington junior salmon stamp program. The stamp shall be designed and produced in accordance with department rules.
[ 1999 c 342 s 7.]
Notes:
Finding—1999 c 342: See note following RCW 77.12.850.

catchline: Stamp design—Department's rule-making authority.


title: RCW 77.12.865

text:
(1) As used in this section and RCW 77.12.870, "derelict fishing gear" includes lost or abandoned fishing nets, fishing lines, and other commercial and recreational fishing equipment. The term does not include lost or abandoned vessels or shellfish pots.
(2) The department, in partnership with the Northwest straits commission, the department of natural resources, and other interested parties, must publish guidelines for the safe removal and disposal of derelict fishing gear. The guidelines may be updated as deemed necessary by the department. The guidelines must be made available to any person interested in derelict fishing gear removal.
(3) Derelict fishing gear removal conducted in accordance with the guidelines prepared in subsection (2) of this section is not subject to permitting under RCW 77.55.021.
[ 2010 c 193 s 7; 2005 c 146 s 1004; 2002 c 20 s 2.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Finding—Purpose—2002 c 20: "The legislature finds that fishing gear that is lost or abandoned may continue to catch marine organisms long after the gear is lost. The purpose of this act is to develop safe, effective methods to remove derelict fishing gear, eliminate regulatory barriers to gear removal, and discourage future losses of fishing gear." [ 2002 c 20 s 1.]

catchline: Derelict fishing gear—Guidelines for removal and disposal.


title: RCW 77.12.870

text:
(1) The department, in partnership with the Northwest straits commission, the department of natural resources, and other interested parties, must create and ensure the maintenance of a database of known derelict fishing gear and shellfish pots, including the type of gear and its location.
(2) A person who loses or abandons commercial net fishing gear within the waters of the state is required to report the location of the loss and the type of gear lost to the department within twenty-four hours of the loss.
(3) A person who loses or abandons shellfish pots within the waters of the state is encouraged to report the location of the loss and the type of gear lost to the department.
[ 2012 c 190 s 2; 2010 c 193 s 8; 2009 c 333 s 21; 2002 c 20 s 3.]
Notes:
Findings—2012 c 190: "(1) The legislature finds that derelict fishing gear poses a serious threat to human life, the health of the state's marine and freshwater ecosystems, and numerous species of birds, fish, marine mammals, and shellfish. Derelict fishing gear entraps and kills for decades and threatens endangered species, including federal endangered species act-listed salmon, steelhead, Puget Sound rockfish, green sturgeon, and marbled murrelet. In Puget Sound, estimates from the Northwest straits initiative indicate that derelict commercial fishing nets were killing approximately one thousand two hundred marine mammals, twenty-one thousand birds, and sixty-seven thousand fish per year.
(2) The legislature further finds that while significant progress has been made to remove historic accumulations of lost and abandoned commercial fishing nets in Puget Sound, reforms are needed to stem the ongoing accumulation of commercial fishing nets and commercial and recreational shellfish pots in both marine and freshwater environments. While the Northwest straits initiative received a one-time federal grant of over four million five hundred thousand dollars to remove high priority derelict fishing nets from Puget Sound, no long-term source of funding is currently available for the continued removal of derelict fishing nets or the removal of an estimated twelve thousand derelict shellfish pots. Insufficient funding and information is available to confirm and quantify the likely presence of derelict fishing gear in other state waters. These and other factors increase the need for a mandatory reporting system to quantify ongoing accumulations of lost or abandoned commercial fishing nets and recreational or commercial shellfish pots.
(3) The legislature further finds that the department of fish and wildlife is working cooperatively with the department of natural resources and the Northwest straits initiative to maintain a statewide database of derelict fishing gear. However, despite recent known instances of commercial fishing net losses, only two reports of lost commercial fishing nets have been made by fishers to the department of fish and wildlife database under the current voluntary reporting system since its inception in 2003.
(4) The legislature further finds that instituting a mandatory reporting requirement for persons who lose or abandon commercial fishing nets will help prevent continued accumulations, lead to prompt removal, and better allow state and federal authorities to estimate the impacts. The department of fish and wildlife is also encouraged to provide recreational and commercial shellfish pot users with the opportunity to report lost shellfish pots through existing catch reporting mechanisms. The department of fish and wildlife should rely upon existing authorities to formulate any rules necessary to ensure compliance with mandatory reporting requirements for derelict commercial fishing nets and encourage maximum participation in reporting lost shellfish pots." [ 2012 c 190 s 1.]
Finding—Purpose—2002 c 20: See note following RCW 77.12.865.

catchline: Derelict fishing gear and shellfish pots database—Reporting requirements.


title: RCW 77.12.880

text:
The department shall manage wildlife programs in a manner that provides for public opportunities to view wildlife and supports nature-based and wildlife viewing tourism without impairing the state's wildlife resources.
[ 2003 c 153 s 3.]
Notes:
Findings—2003 c 153: See note following RCW 43.330.090.

catchline: Wildlife program management.


title: RCW 77.12.885

text:
Except for the personal information on reported depredations by wolves that is exempted from disclosure as provided in RCW 42.56.430, the department shall post on its internet website all reported predatory wildlife interactions, including reported human safety confrontations or sightings as well as the known details of reported depredations by predatory wildlife on humans, pets, or livestock, within ten days of receiving the report. The posted material must include, but is not limited to, the location and time, the known details, and a running summary of such reported interactions by identified specie [species] and interaction type within each affected county. For the purposes of this section and RCW 42.56.430, "predatory wildlife" means grizzly bears, wolves, and cougars.
[ 2017 c 246 s 2; 2007 c 293 s 2.]
Notes:
Expiration date—2017 c 246: See note following RCW 42.56.430.
PDF
RCW 77.12.885
Reported predatory wildlife interactions—Website posting. (Effective June 30, 2027.)
The department shall post on its internet website all reported predatory wildlife interactions, including reported human safety confrontations or sightings as well as the known details of reported depredations by predatory wildlife on humans, pets, or livestock, within ten days of receiving the report. The posted material must include, but is not limited to, the location and time, the known details, and a running summary of such reported interactions by identified specie [species] and interaction type within each affected county. For the purposes of this section and RCW 42.56.430, "predatory wildlife" means grizzly bears, wolves, and cougars.
[ 2007 c 293 s 2.]

catchline: Reported predatory wildlife interactions—Website posting. (Effective until June 30, 2027.)


title: RCW 77.12.887

text:
The department shall cooperate, when appropriate, as a partner in the Washington conservation corps established in chapter 43.220 RCW.
[ 2011 c 20 s 15.]
Notes:
Findings—Intent—2011 c 20: See note following RCW 43.220.020.
Intent—Application—2011 c 20: See RCW 43.220.905.

catchline: Washington conservation corps.


title: RCW 77.12.890

text:
(1) The commission may establish by rule a surcharge on all fees authorized under chapters 77.32, 77.65, and 77.70 RCW by November 1st of each odd-numbered year if the commission determines that the surcharge is necessary to fund compensation, central services, and other increased operating costs approved by the legislature in the biennial budget.
(2) The surcharge may not exceed the percentage increase needed to generate revenue to offset the costs described in subsection (1) of this section, and must apply equally to all fees, except the surcharge does not apply to transaction fees, commercial application fees, and dealer fees authorized under this title.
[ 2025 c 328 s 18.]
Notes:
Effective date—2025 c 328 s 18: "Section 18 of this act takes effect September 1, 2027." [ 2025 c 328 s 21.]

catchline: Surcharge on fees authorized under chapters 77.32, 77.65, and 77.70 RCW. (Effective September 1, 2027.)


title: RCW 77.120.005

text:
The legislature finds that some nonindigenous species have the potential to cause economic and environmental damage to the state and that current efforts to stop the introduction of nonindigenous species from shipping vessels do not adequately reduce the risk of new introductions into Washington waters.
The legislature recognizes the international ramifications and the rapidly changing dimensions of this issue, the lack of currently available treatment technologies, and the difficulty that any one state has in either legally or practically managing this issue. Recognizing the possible limits of state jurisdiction over international issues, the state declares its support for the international maritime organization and United States coast guard efforts, and the state intends to complement, to the extent its powers allow it, the United States coast guard's ballast water management program.
[ 2004 c 227 s 1; 2000 c 108 s 1.]

catchline: Findings.


title: RCW 77.120.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Ballast tank" means any tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.
(2) "Ballast water" means any water and matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried.
(3) "Biofouling" means the accumulation of aquatic organisms on a vessel such as attached or associated mobile microorganisms, plants, and animals on surfaces and structures immersed in or exposed to the aquatic environment.
(4) "Empty/refill exchange" means to pump out, until the tank is empty or as close to empty as the master or operator determines is safe, the ballast water taken on in ports, estuarine, or territorial waters, and then refilling the tank with open sea waters.
(5) "Exchange" means to replace the water in a ballast tank using either flow through exchange, empty/refill exchange, or other exchange methodology recommended or required by the United States coast guard.
(6) "Flow through exchange" means to flush out ballast water by pumping in midocean water at the bottom of the tank and continuously overflowing the tank from the top until three full volumes of water have been changed to minimize the number of original organisms remaining in the tank.
(7) "Nonindigenous species" means any species or other viable biological material that enters an ecosystem beyond its natural range.
(8) "Open sea exchange" means an exchange that occurs fifty or more nautical miles offshore. If the United States coast guard requires a vessel to conduct an exchange further offshore, then that distance is the required distance for purposes of compliance with this chapter.
(9) "Recognized marine trade association" means those trade associations in Washington state that promote improved ballast water management practices by educating their members on the provisions of this chapter, participating in regional ballast water coordination through the Pacific ballast water group, assisting the department in the collection of ballast water exchange forms, and the monitoring of ballast water. This includes members of the Puget Sound marine committee for Puget Sound and the Columbia river steamship operators association for the Columbia river.
(10) "Sediments" means any matter settled out of ballast water within a vessel.
(11) "Untreated ballast water" includes exchanged or unexchanged ballast water that has not undergone treatment.
(12) "Vessel" means a ship, boat, barge, or other floating craft of three hundred gross tons or more, United States and foreign, carrying, or capable of carrying, ballast water into the coastal waters of the state after operating outside of the coastal waters of the state, except those vessels described in RCW 77.120.020.
(13) "Voyage" means any transit by a vessel destined for any Washington port.
(14) "Waters of the state" means any surface waters, including internal waters contiguous to state shorelines within the boundaries of the state.
[ 2017 3rd sp.s. c 17 s 307; 2007 c 350 s 8; 2000 c 108 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).


title: RCW 77.120.020

text:
(1) This chapter applies to all vessels transiting into the waters of the state from a voyage, except:
(a) A vessel of the United States department of defense or United States coast guard subject to the requirements of section 1103 of the national invasive species act of 1996, or any vessel of the armed forces, as defined in 33 U.S.C. Sec. 1322(a)(14), that is subject to the uniform national discharge standards for vessels of the armed forces under 33 U.S.C. Sec. 1322(n);
(b) A vessel that discharges ballast water or sediments only at the location where the ballast water or sediments originated, if the ballast water or sediments do not mix with ballast water or sediments from areas other than open sea waters; and
(c) A vessel in innocent passage, merely traversing the territorial sea of the United States and not entering or departing a United States port, or not navigating the internal waters of the United States, and that does not discharge ballast water into the waters of the state.
(2) This chapter does not authorize the discharge of oil or noxious liquid substances in a manner prohibited by state, federal, or international laws or regulations. Ballast water containing oil, noxious liquid substances, or any other pollutant shall be discharged in accordance with the applicable requirements.
(3) The master or operator in charge of a vessel is responsible for the safety of the vessel, its crew, and its passengers. Nothing in this chapter relieves the master or operator in charge of a vessel of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers.
[ 2007 c 350 s 9; 2000 c 108 s 3.]

catchline: Application of chapter.


title: RCW 77.120.030

text:
(1) The owner or operator in charge of any vessel covered by this chapter is required to ensure that the vessel under their ownership or control does not discharge ballast water into the waters of the state except as authorized by this section.
(2) Discharge of ballast water into waters of the state is authorized only if there has been an open sea exchange, or if the vessel has treated its ballast water, to meet standards set by the department consistent with applicable state and federal laws.
(3) The department, in consultation with a collaborative forum, shall adopt by rule standards for the discharge of ballast water into the waters of the state and their implementation timelines. The standards are intended to ensure that the discharge of ballast water poses minimal risk of introducing nonindigenous species. In developing these standards, the department shall consider the extent to which the requirement is technologically and practically feasible. Where practical and appropriate, the standards must be compatible with standards set by the United States coast guard, the federal clean water act (33 U.S.C. Sec. 1251-1387), or the international maritime organization.
(4) The master, operator, or person in charge of a vessel is not required to conduct an open sea exchange or treatment of ballast water if the master, operator, or person in charge of a vessel determines that the operation would threaten the safety of the vessel, its crew, or its passengers, because of adverse weather, vessel design limitations, equipment failure, or any other extraordinary conditions. A master, operator, or person in charge of a vessel who relies on this exemption must file documentation defined by the department, subject to: (a) Payment of a fee not to exceed five thousand dollars; (b) discharging only the minimal amount of ballast water operationally necessary; (c) ensuring that ballast water records accurately reflect any reasons for not complying with the mandatory requirements; and (d) any other requirements identified by the department by rule as provided in subsections (3) and (6) of this section.
(5) For treatment technologies requiring shipyard modification, the department may enter into a compliance plan with the vessel owner. The compliance plan must include a timeline consistent with drydock and shipyard schedules for completion of the modification. The department shall adopt rules for compliance plans under this subsection.
(6) For an exemption claimed in subsection (4) of this section, the department shall adopt rules for defining exemption conditions, requirements, compliance plans, or alternative ballast water management strategies to meet the intent of this section.
(7) The department shall make every effort to align ballast water standards with adopted international and federal standards while ensuring that the goals of this chapter are met.
(8) The requirements of this section do not apply to a vessel discharging ballast water or sediments that originated solely within the waters of Washington, the Columbia river system, or the internal waters of British Columbia south of latitude fifty degrees north, including the waters of the Straits of Georgia and Juan de Fuca.
(9) Open sea exchange is an exchange that occurs fifty or more nautical miles offshore. If the United States coast guard requires a vessel to conduct an exchange further offshore, then that distance is the required distance for purposes of compliance with this chapter.
[ 2009 c 333 s 26; 2007 c 350 s 10; 2004 c 227 s 3; 2002 c 282 s 2; 2000 c 108 s 4.]

catchline: Authorized ballast water discharge—Adoption of standards by rule.


title: RCW 77.120.040

text:
The owner or operator in charge of any vessel covered by this chapter is required to ensure that the vessel under their ownership or control complies with the reporting and sampling requirements of this section.
(1) Vessels covered by this chapter must report ballast water management information to the department using ballast water management forms that are acceptable to the United States coast guard. The frequency, manner, and form of such reporting shall be established by the department by rule. Any vessel may rely on a recognized marine trade association to collect and forward this information to the department.
(2) In order to monitor the effectiveness of national and international efforts to prevent the introduction of nonindigenous species, all vessels covered by this chapter must submit nonindigenous species ballast water monitoring data. The monitoring, sampling, testing protocols, and methods of identifying nonindigenous species in ballast water shall be determined by the department by rule. A vessel covered by this chapter may contract with a recognized marine trade association to randomly sample vessels within that association's membership, and provide data to the department.
(3) Vessels that do not belong to a recognized marine trade association must submit individual ballast tank sample data to the department for each voyage.
(4) All data submitted to the department under subsection (2) of this section shall be consistent with sampling and testing protocols as adopted by the department by rule.
(5) The department shall adopt rules to implement this section. The rules and recommendations shall be developed in consultation with advisors from regulated industries and the potentially affected parties, including but not limited to shipping interests, ports, shellfish growers, fisheries, environmental interests, interested citizens who have knowledge of the issues, and appropriate governmental representatives including the United States coast guard. In recognition of the need to have a coordinated response to ballast water management for the Columbia river system, the department must consider rules adopted by the state of Oregon when adopting rules under this section for ballast water management in the navigable waters of the Columbia river system.
(a) The department shall set standards for the discharge of treated ballast water into the waters of the state. The rules are intended to ensure that the discharge of treated ballast water poses minimal risk of introducing nonindigenous species. In developing this standard, the department shall consider the extent to which the requirement is technologically and practically feasible. Where practical and appropriate, the standards shall be compatible with standards set by the United States coast guard and shall be developed in consultation with federal and state agencies to ensure consistency with the federal clean water act, 33 U.S.C. Sec. 1251-1387.
(b) The department shall adopt ballast water sampling and testing protocols for monitoring the biological components of ballast water that may be discharged into the waters of the state under this chapter. Monitoring data is intended to assist the department in evaluating the risk of new, nonindigenous species introductions from the discharge of ballast water, and to evaluate the accuracy of ballast water exchange practices. The sampling and testing protocols must consist of cost-effective, scientifically verifiable methods that, to the extent practical and without compromising the purposes of this chapter, utilize easily measured indices, such as salinity, or check for species that indicate the potential presence of nonindigenous species or pathogenic species. The department shall specify appropriate quality assurance and quality control for the sampling and testing protocols.
[ 2002 c 282 s 3; 2000 c 108 s 5.]

catchline: Reporting and sampling requirements.


title: RCW 77.120.050

text:
The shipping vessel industry, the public ports, and the department shall promote the creation of a pilot project to establish a private sector ballast water treatment operation that is capable of servicing vessels at all Washington ports. Federal and state agencies and private industries shall be invited to participate. The project will develop equipment or methods to treat ballast water and establish operational methods that do not increase the cost of ballast water treatment at smaller ports. The legislature intends that the cost of treatment required by this chapter is substantially equivalent among large and small ports in Washington.
[ 2000 c 108 s 6.]

catchline: Pilot project—Private sector ballast water treatment operation.


title: RCW 77.120.070

text:
(1) The department may establish by rule schedules for any penalty allowed in this chapter. The schedules may provide for the incremental assessment of a penalty based on criteria established by rule.
(2) The director or the director's designee may impose a civil penalty or warning for a violation of the requirements of this chapter on the owner or operator in charge of a vessel who fails to comply with the requirements imposed under this chapter. The penalty shall not exceed twenty-seven thousand five hundred dollars for each day of a continuing violation. In determining the amount of a civil penalty, the department shall set standards by rule that consider if the violation was intentional, negligent, or without any fault, and shall consider the quality and nature of risks created by the violation. The owner or operator subject to such a penalty may contest the determination by requesting an adjudicative proceeding within twenty days. Any determination not timely contested is final and may be reduced to a judgment enforceable in any court with jurisdiction. If the department prevails using any judicial process to collect a penalty under this section, the department shall also be awarded its costs and reasonable attorneys' fees.
(3) The department, in cooperation with the United States coast guard, may enforce the requirements of this chapter.
[ 2017 3rd sp.s. c 17 s 304; 2007 c 350 s 12; 2000 c 108 s 8.]

catchline: Violation of chapter—Penalties—Rules.


title: RCW 77.120.100

text:
The department may assess a fee for any exemptions allowed under this chapter. Such a fee may not exceed five thousand dollars. The department may establish by rule schedules for any fee allowed in this chapter. The schedules may provide for the incremental assessment of a penalty based on criteria established by rule.
[ 2007 c 350 s 13.]

catchline: Department may assess fee for exemptions—Rules.


title: RCW 77.120.110

text:
(1) The ballast water and biofouling management account is created in the state treasury. All receipts from legislative appropriations, gifts, grants, donations, penalties, and fees received under this chapter must be deposited into the account.
(2) Expenditures from the account may be used only to carry out the purposes of this chapter. However, penalties may not be used for the salaries of permanent department employees.
(3) Moneys in the account may be spent only after appropriation.
[ 2017 3rd sp.s. c 17 s 106; 2009 c 333 s 27; 2007 c 350 s 14.]

catchline: Ballast water and biofouling management account.


title: RCW 77.120.120

text:
The department may issue a special operating authorization for passenger vessels conducting or assisting in research and testing activities to determine the presence of invasive species in ballast water collected in the waters of southeast Alaska north of latitude fifty-four degrees thirty minutes north to sixty-one degrees ten minutes north, extending to longitude one hundred forty-nine degrees thirty minutes west. The department may adopt rules for defining special operating authorization conditions, requirements, limitations, and fees as necessary to implement this section, consistent with the intent of this chapter.
[ 2009 c 333 s 28; 2007 c 350 s 15.]

catchline: Special operating authorization—Rules.


title: RCW 77.120.130

text:
The department may enter into partnerships, contracts, or any other form of agreements with other entities to carry out the intent of this chapter. The department shall ensure that any such entity is registered and licensed to do business in Washington. All agreements must be consistent with existing state laws, agency rules, state water quality standards, and collective bargaining agreements.
[ 2017 3rd sp.s. c 17 s 204.]

catchline: Department's authority to enter into partnerships, contracts, or other agreements.


title: RCW 77.120.140

text:
(1) The owner or operator of a vessel covered by this chapter is required to ensure that the vessel under their ownership or control does not release biofouling into waters of the state except as authorized by this section.
(2) The department may adopt by rule standards and requirements governing the release of biofouling on vessels arriving or moored at a Washington port.
(3) The department shall adopt rules under subsection (2) of this section for adoption in consultation with a collaborative forum with advisors from regulated industries and the potentially affected parties including shipping interests, ports, shellfish growers, fisheries, environmental interests, interested citizens who have knowledge of the issues, and appropriate governmental representatives including the United States coast guard and the United States environmental protection agency. The rules must:
(a) Ensure that biofouling management poses minimal risk of release of nonindigenous species;
(b) Be based on the best available technology that is economically achievable; and
(c) Where practical and appropriate, be compatible with standards and requirements set by the United States coast guard, the United States environmental protection agency, or the international maritime organization.
[ 2017 3rd sp.s. c 17 s 301.]


title: RCW 77.125.010

text:
Marine aquaculture net pen facilities in Washington state have accidentally released Atlantic salmon into Puget Sound. It is necessary to minimize escapes through the implementation of statewide prevention measures.
[ 2001 c 86 s 1.]

catchline: Accidental Atlantic salmon release—Prevention measures.


title: RCW 77.125.020

text:
For the purposes of this chapter, "marine aquatic farming location" means a complete complex that may be composed of various marine enclosures, net pens, or other rearing vessels, food handling facilities, or other facilities related to the rearing of Atlantic salmon or other finfish in marine waters. A marine aquatic farming location is distinguished from the individual facilities that collectively compose the location.
[ 2001 c 86 s 2.]

catchline: Marine aquatic farming location—Defined.


title: RCW 77.125.030

text:
(1) The director, in cooperation with the marine finfish aquatic farmers, shall develop proposed rules for the implementation, administration, and enforcement of marine finfish aquaculture programs. In developing such proposed rules, the director must use a negotiated rule-making process pursuant to RCW 34.05.310. The proposed rules shall include the following elements:
(a) Provisions for the prevention of escapes of cultured marine finfish aquaculture products from enclosures, net pens, or other rearing vessels;
(b) Provisions for the development and implementation of management plans to facilitate the most rapid recapture of live marine finfish aquaculture products that have escaped from enclosures, net pens, or other rearing vessels, and to prevent the spread or permanent escape of these products;
(c) Provisions for the development of management practices based on the latest available science, to include:
(i) Procedures for inspections of marine aquatic farming locations on a regular basis to determine conformity with law and the rules of the department relating to the operation of marine aquatic farming locations. The rules must provide for the recovery of actual costs incurred for required inspections, monitoring, and compliance testing by the department; and
(ii) Operating procedures at marine aquatic farming locations to prevent the escape of marine finfish, to include the use of net antifoulants;
(d) Provisions for the eradication of those cultured marine finfish aquaculture products that have escaped from enclosures, net pens, or other rearing vessels found spawning in state waters;
(e) Provisions for the determination of appropriate species, stocks, and races of marine finfish aquaculture products allowed to be cultured at specific locations and sites;
(f) Provisions for the development of an Atlantic salmon watch program similar to the one in operation in British Columbia, Canada. The program must provide for the monitoring of escapes of Atlantic salmon from marine aquatic farming locations, monitor the occurrence of naturally produced Atlantic salmon, determine the impact of Atlantic salmon on naturally produced and cultured finfish stocks, provide a focal point for consolidation of scientific information, and provide a forum for interaction and education of the public; and
(g) Provisions for the development of an education program to assist marine aquatic farmers so that they operate in an environmentally sound manner.
(2) The department must implement this section consistent with RCW 77.125.050.
[ 2020 c 216 s 1; 2018 c 179 s 9; 2001 c 86 s 3.]

catchline: Development of proposed rules—Elements.


title: RCW 77.125.040

text:
Rules to implement this chapter shall be adopted no sooner than thirty days following the end of the 2002 regular legislative session.
[ 2017 3rd sp.s. c 25 s 36; 2001 c 86 s 4.]

catchline: Rules adoption.


title: RCW 77.125.050

text:
(1) The department may authorize or permit activities associated with the use of marine net pens for nonnative marine finfish aquaculture only if these activities are performed under a lease of state-owned aquatic lands in effect on June 7, 2018. The department may not authorize or permit any of these activities or operations after the expiration date of the relevant lease of state-owned aquatic lands in effect on June 7, 2018.
(2) For purposes of this section, "state-owned aquatic lands" has the same meaning as defined in RCW 79.105.060.
[ 2018 c 179 s 3.]

catchline: Activities associated with the use of marine net pens for nonnative marine finfish aquaculture.


title: RCW 77.125.060

text:
(1) For marine finfish aquaculture, the facility operator must hire, at their own expense, a marine engineering firm approved by the department to conduct inspections. Inspections must occur approximately every two years, when net pens are fallow, and must include topside and mooring assessments related to escapement potential, structural integrity, permit compliance, and operations.
(2) Any net pen facility must be found to be in good working order to receive fish.
(3) If the facility is found to be in imminent danger of collapse or release of finfish, the director may require the operator to remove fish or deny a fish transfer permit.
[ 2018 c 179 s 12.]

catchline: Facility operator must hire marine engineering firm to conduct inspections.


title: RCW 77.130.010

text:
Whenever any personal property comes into the possession of the officers of the department in connection with the official performance of their duties and the personal property remains unclaimed or not taken away for a period of sixty days from the date of written notice to the owner thereof, if known, which notice shall inform the owner of the disposition that may be made of the property under this section and the time that the owner has to claim the property and in all other cases for a period of sixty days from the time the property came into the possession of the department, unless the property has been held as evidence in any court, then, in that event, after sixty days from date when the case has been finally disposed of and the property released as evidence by order of the court, the department may:
(1) At any time thereafter sell the personal property at public auction to the highest and best bidder for cash in the manner hereinafter provided;
(2) Retain the property for the use of the department subject to giving notice in the manner prescribed in RCW 63.35.030 and the right of the owner, or the owner's legal representative, to reclaim the property within one year after receipt of notice, without compensation for ordinary wear and tear if, in the opinion of the director, the property consists of firearms or other items specifically usable in law enforcement work. At the end of each calendar year during which there has been such a retention, the department shall provide the office of financial management and retain for public inspection a list of such retained items and an estimation of each item's replacement value;
(3) Destroy an item of personal property at the discretion of the director if the director determines that the following circumstances have occurred:
(a) The property has no substantial commercial value or the probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after notice procedures have been met, as prescribed in this section; and
(c) The director has determined that the item is illegal to possess or sell or unsafe and unable to be made safe for use by any member of the general public;
(4) If the item is not unsafe or illegal to possess or sell, such item, after satisfying the notice requirements as prescribed in this section may be offered by the director to bona fide dealers, in trade for law enforcement equipment, which equipment must be treated as retained property for the purpose of annual listing requirements of subsection (2) of this section; or
(5) At the end of one year, any unclaimed firearm must be disposed of pursuant to RCW 9.41.098(2). Any other item that is not unsafe or illegal to possess or sell, but has been, or may be used, in the judgment of the director, in a manner that is illegal, may be destroyed.
[ 2009 c 333 s 44.]


title: RCW 77.130.020

text:
Before the personal property shall be sold, a notice of such a sale fixing the time and place thereof which shall be at a suitable place, which will be noted in the advertisement for sale, and containing a description of the property to be sold must be published at least once in a newspaper of general circulation in the county in which the property is to be sold at least ten days prior to the date fixed for the auction. The notice must be signed by the director. If the owner fails to reclaim the property prior to the time fixed for the sale in such a notice, the director shall conduct the sale and sell the property described in the notice at public auction to the highest and best bidder for cash, and upon payment of the amount of the bid shall deliver the property to the bidder.
[ 2009 c 333 s 45.]

catchline: Notice of sale.


title: RCW 77.130.030

text:
The moneys arising from sales under the provisions of this chapter must be first applied to the payment of the costs and expenses of the sale and then to the payment of lawful charges and expenses for the keep of the personal property and the balance, if any, must be forwarded to the state treasurer to be deposited into the fish and wildlife enforcement reward account under RCW 77.15.425.
[ 2009 c 333 s 46.]

catchline: Use of money from sales under this chapter.


title: RCW 77.130.040

text:
If the owner of the personal property so sold, or the owner's legal representative, shall, at any time within three years after the money has been deposited in the fish and wildlife enforcement reward account, furnish satisfactory evidence to the state treasurer of the ownership of the personal property, the owner or the owner's legal representative is entitled to receive from the fish and wildlife enforcement reward account the amount so deposited, with interest.
[ 2009 c 333 s 47.]

catchline: Property owner entitled to receive money.


title: RCW 77.130.050

text:
(1) Chapter 63.24 RCW, unclaimed property in hands of bailee, does not apply to personal property in the possession of the department.
(2) The uniform unclaimed property act, *chapter 63.29 RCW, does not apply to personal property in the possession of the department.
[ 2009 c 333 s 48.]
Notes:
*Reviser's note: Chapter 63.29 RCW was repealed in its entirety by 2022 c 225 s 1505, effective January 1, 2023. For later enactment, see chapter 63.30 RCW.

catchline: Application of chapters 63.24 and 63.29 RCW.


title: RCW 77.130.060

text:
In addition to any other method of disposition of unclaimed property provided under this chapter, the department may donate unclaimed personal property to nonprofit charitable organizations. A nonprofit charitable organization receiving personal property donated under this section must use the property, or its proceeds, to benefit needy persons. The charitable organization must qualify for tax-exempt status under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.
[ 2009 c 333 s 49.]

catchline: Donation of unclaimed personal property.


title: RCW 77.135.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aquatic conveyance" means transportable personal property having the potential to move an aquatic invasive species from one aquatic environment to another. Aquatic conveyances include but are not limited to vessels and associated equipment, float planes, construction equipment, fish tanker trucks, hydroelectric and irrigation equipment, personal fishing and hunting gear, and materials used for aquatic habitat mitigation or restoration.
(2) "Aquatic invasive species" means an invasive species of the animal kingdom with a life cycle that is at least partly dependent upon fresh, brackish, or marine waters. Examples include nutria, waterfowl, amphibians, fish, and shellfish.
(3) "Aquatic plant" means a native or nonnative emergent, submersed, partially submersed, free-floating, or floating-leaved plant species that is dependent upon fresh, brackish, or marine water ecosystems and includes all stages of development and parts.
(4) "Certificate of inspection" means a department-approved document that declares, to the extent technically or measurably possible, that an aquatic conveyance does not carry or contain an invasive species. Certification may be in the form of a decal, label, rubber stamp imprint, tag, permit, locking seal, or written statement.
(5) "Clean and drain" means to remove the following from areas on or within an aquatic conveyance to the extent technically and measurably possible:
(a) Visible native and nonnative aquatic animals, plants, or other organisms; and
(b) Raw water.
(6) "Commercial vessel" means a management category of aquatic conveyances:
(a) Required to have valid marine documentation as a vessel of the United States or similar required documentation for a country other than the United States; and
(b) Not subject to vessel registration requirements under chapter 88.02 RCW or ballast water requirements under chapter 77.120 RCW.
(7) "Cryptogenic species" means a species that scientists cannot commonly agree are native or nonnative or are part of the animal kingdom.
(8) "Decontaminate" means, to the extent technically and measurably possible, the application of a treatment to kill, destroy, remove, or otherwise eliminate all known or suspected invasive species carried on or contained within an aquatic conveyance or structural property by use of physical, chemical, or other methods. Decontamination treatments may include drying an aquatic conveyance for a time sufficient to kill aquatic invasive species through desiccation.
(9) "Detect" means the verification of invasive species' presence as defined by the department.
(10) "Eradicate" means, to the extent technically and measurably possible, to kill, destroy, remove, or otherwise eliminate an invasive species from a water body or property using physical, chemical, or other methods.
(11) "Infested site management" means management actions as provided under RCW 77.135.070 that may include long-term actions to contain, control, or eradicate a prohibited species.
(12) "Introduce" means to intentionally or unintentionally release, place, or allow the escape, dissemination, or establishment of an invasive species on or into a water body or property as a result of human activity or a failure to act.
(13) "Invasive species" means nonnative species of the animal kingdom that are not naturally occurring in Washington for purposes of breeding, resting, or foraging, and that pose an invasive risk of harming or threatening the state's environmental, economic, or human resources. Invasive species include all stages of species development and body parts. They may also include genetically modified or cryptogenic species.
(14) "Invasive species council" means the Washington invasive species council established in RCW 79A.25.310 or a similar collaborative state agency forum. The term includes the council and all of its officers, employees, agents, and contractors.
(15) "Mandatory check station" means a location where a person transporting an aquatic conveyance must stop and allow the conveyance to be inspected for aquatic invasive species.
(16) "Possess" means to have authority over the use of an invasive species or use of an aquatic conveyance that may carry or contain an invasive species. For the purposes of this subsection, "authority over" includes the ability to intentionally or unintentionally hold, import, export, transport, purchase, sell, barter, distribute, or propagate an invasive species.
(17) "Prohibited species" means a classification category of nonnative species as provided in RCW 77.135.030.
(18) "Property" means both real and personal property.
(19) "Quarantine declaration" means a management action as provided under RCW 77.135.050 involving the prohibition or conditioning of the movement of aquatic conveyances and waters from a place or an area that is likely to contain a prohibited species.
(20) "Rapid response" means expedited management actions as provided under RCW 77.135.060 triggered when invasive species are detected, for the time-sensitive purpose of containing or eradicating the species before it spreads or becomes further established.
(21) "Raw water" means water from a water body and held on or within property. "Raw water" does not include water from precipitation that is captured in a conveyance, structure, or depression that is not otherwise intended to function as a water body, or water from a potable water supply system, unless the water contains visible aquatic organisms.
(22) "Registered vessel" means a management category of aquatic conveyances required to register as vessels under RCW 88.02.550 or similar requirements for a state other than Washington or a country other than the United States.
(23) "Regulated species" means a classification category of nonnative species as provided in RCW 77.135.030.
(24) "Seaplane" means a management category of aquatic conveyances capable of landing on or taking off from water and required to register as an aircraft under RCW 47.68.250 or similar registration in a state other than Washington or a country other than the United States.
(25) "Small vessel" means a management category of aquatic conveyances including every description of vessel on the water used or capable of being used as a means of transportation on the water, except:
(a) Inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers;
(b) Vessels meeting registration requirements under chapter 88.02 RCW; and
(c) Seaplanes.
(26) "Water body" means an area that carries or contains a collection of water, regardless of whether the feature carrying or containing the water is natural or nonnatural. Examples include basins, bays, coves, streams, rivers, springs, lakes, wetlands, reservoirs, ponds, tanks, irrigation canals, and ditches.
[ 2017 3rd sp.s. c 17 s 305. Prior: 2014 c 202 s 102.]
Notes:
Findings—2014 c 202: "The legislature finds that:
(1) The state's fish, wildlife, and habitat are exceptionally valuable environmental resources for the state's citizens.
(2) The state's fish, wildlife, and habitat also provide exceptionally valuable economic, cultural, and recreational resources. These include hydroelectric power, agriculture, forests, water supplies, commercial and recreational fisheries, aquaculture, and public access to outdoor recreational opportunities.
(3) Invasive species pose a grave threat to these environmental and economic resources, especially to salmon recovery and state and federally listed threatened and endangered species. Because of the significant harm invasive species can cause, invasive species constitute a public nuisance.
(4) If allowed to become established, invasive species can threaten human health and cause environmental and economic disasters affecting not only our state, but other states and nations.
(5) The risk of invasive species spreading into Washington increases as travel and commerce grows in volume and efficiency.
(6) Prevention of invasive species is a cost-effective, successful, and proven management strategy. Prevention is the state's highest management priority with an emphasis on education and outreach, inspections, and rapid response.
(7) The integrated management of invasive species through pathways regulated by the department is critical to preventing the introduction and spread of a broad range of such species, including plants, diseases, and parasites.
(8) Washington's citizens must work together to protect the state from invasive species.
(9) Public and private partnerships, cooperative agreements, and compacts are important for preventing new arrivals and managing existing populations of invasive species, and coordinating these actions on local, state, national, and international levels.
(10) The department requires authority for this mission to effectively counter the unpredictable nature of invasive species' introductions and spread, enable the utilization of new advances in invasive ecology science, and implement applicable techniques and technology to address invasive species.
(11) An integrated management approach provides the best way for the state to manage invasive species and includes opportunities for creating an informed public, encouraging public involvement, and striving for local, regional, national, and international cooperation and consistency on management standards. An integrated management approach also applies sound science to minimize the chance that invasive species used for beneficial purposes will result in environmental harm.
(12) This chapter provides authority for the department to effectively address invasive species using an integrated management approach.
(13) The department of fish and wildlife currently has sufficient statutory authority to effectively address invasive species risks posed through discharge of ballast water under chapter 77.120 RCW and by private sector shellfish aquaculture operations regulated under chapter 77.115 RCW. The programs developed by the department under these chapters embody the principles of prevention as the highest priority, integrated management of pathways, public-private partnerships, clean and drain principles, and rapid response capabilities." [ 2014 c 202 s 101.]

catchline: Definitions.


title: RCW 77.135.020

text:
(1) The department is the lead agency for managing invasive species of the animal kingdom statewide. This lead responsibility excludes pests, domesticated animals, or livestock managed by the department of agriculture under Titles 15, 16, and 17 RCW, forest invasive insect and disease species managed by the department of natural resources under Title 76 RCW, and mosquito and algae control and shellfish sanitation managed by the department of health under Titles 69, 70, and 90 RCW.
(2) Subject to the availability of funding for these specific purposes, the department may:
(a) Develop and implement integrated invasive species management actions and programs authorized by this chapter, including rapid response, early detection and monitoring, prevention, containment, control, eradication, and enforcement;
(b) Establish and maintain an invasive species outreach and education program, in coordination with the Washington invasive species council, that covers public, commercial, and professional pathways and interests;
(c) Align management classifications, standards, and enforcement provisions by rule with regional, national, and international standards and enforcement provisions;
(d) Manage invasive species to support the preservation of native species, salmon recovery, and the overall protection of threatened or endangered species;
(e) Participate in local, state, regional, national, and international efforts regarding invasive species to support the intent of this chapter;
(f) Provide technical assistance or other support to tribes, federal agencies, local governments, and private groups to promote an informed public and assist the department in meeting the intent of this chapter;
(g) Enter into partnerships, cooperative agreements, and state or interstate compacts as necessary to accomplish the intent of this chapter;
(h) Research and develop invasive species management tools, including standard methods for decontaminating aquatic conveyances and controlling or eradicating invasive species from water bodies and properties;
(i) Post invasive species signs and information at port districts, privately or publicly owned marinas, state parks, and all boat launches owned or leased by state agencies or political subdivisions; and
(j) Adopt rules as needed to implement the provisions of this chapter.
(3) The department may delegate selected and clearly identified elements of its authorities and duties to another agency of the state with appropriate expertise or administrative capacity upon cooperative agreement with that agency. This delegation may include provisions of funding for implementation of the delegations. The department retains primary authority and responsibility for all requirements of this chapter unless otherwise directed in this chapter.
(4) This chapter does not apply to the possession or introduction of nonnative aquatic animal species by:
(a) Ballast water held or discharged by vessels regulated under chapter 77.120 RCW; or
(b) Private sector aquaculture operations, transfers, or conveyances regulated under chapter 77.115 RCW.
(5) This chapter does not preempt or replace other department species classification systems or other management requirements under this title. However, the department must streamline invasive species requirements under this chapter into existing permits and cooperative agreements as possible.
[ 2014 c 202 s 103.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Department is lead agency for managing invasive species—Responsibilities—Limitation of chapter.


title: RCW 77.135.030

text:
(1) The department, in consultation with the invasive species council, may classify or reclassify and list by rule nonnative aquatic animal species as prohibited level 1, level 2, or level 3, based on the degree of invasive risk, the type of management action required, and resources available to conduct the management action.
(a) Species classified as prohibited level 1 pose a high invasive risk and are a priority for prevention and expedited rapid response management actions.
(b) Species classified as prohibited level 2 pose a high invasive risk and are a priority for long-term infested site management actions.
(c) Species classified as prohibited level 3 pose a moderate to high invasive risk and may be appropriate for prevention, rapid response, or other prohibited species management plan actions by the department, another agency, a local government, tribes, or the public.
(2) The department, in consultation with the invasive species council, may classify and list by rule regulated type A species. This classification is used for nonnative aquatic animal species that pose a low to moderate invasive risk that can be managed based on intended use or geographic scope of introduction, have a beneficial use, and are a priority for department-led or department-approved management of the species' beneficial use and invasive risks.
(3) Nonnative aquatic animal species not classified as prohibited level 1, level 2, or level 3 under subsection (1) of this section, or as regulated type A species under subsection (2) of this section, are automatically managed statewide as regulated type B species or regulated type C species and do not require listing by rule.
(a) Species managed as regulated type B pose a low or unknown invasive risk and are possessed for personal or commercial purposes, such as for aquariums, live food markets, or as nondomesticated pets.
(b) Species managed as regulated type C pose a low or unknown invasive risk and include all other species that do not meet the criteria for management as a regulated type B invasive species.
(4) Classification of prohibited and regulated species:
(a) May be by individual species or larger taxonomic groups up to the family name;
(b) Must align, as practical and appropriate, with regional and national classification levels;
(c) Must be statewide unless otherwise designated by a water body, property, or other geographic region or area; and
(d) May define general possession and introduction conditions acceptable under department authorization, a permit, or as otherwise provided by rule.
(5) Prior to or at the time of classifying species by rule as prohibited or regulated under subsections (1) and (2) of this section, the department, in consultation with the invasive species council, must adopt rules establishing standards for determining invasive risk levels and criteria for determining beneficial use that take into consideration environmental impacts, and especially effects on the preservation of native species, salmon recovery, and threatened or endangered species.
[ 2014 c 202 s 104.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Classification of species—Rules.


title: RCW 77.135.040

text:
(1) Prohibited level 1, level 2, and level 3 species may not be possessed, introduced on or into a water body or property, or trafficked, without department authorization, a permit, or as otherwise provided by rule.
(2) Regulated type A, type B, and type C species may not be introduced on or into a water body or property without department authorization, a permit, or as otherwise provided by rule.
(3) Regulated type B species, when being actively used for commercial purposes, must be readily and clearly identified in writing by taxonomic species name or subspecies name to distinguish the subspecies from another prohibited species or a regulated type A species. Nothing in this section precludes using additional descriptive language or trade names to describe regulated type B species as long as the labeling requirements of this section are met.
[ 2014 c 202 s 106.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Prohibited and regulated species—Required authorization.


title: RCW 77.135.050

text:
(1) If the department determines it is necessary to protect the environmental, economic, or human health interests of the state from the threat of a prohibited level 1 or level 2 species, the department may declare a quarantine against a water body, property, or region within the state. The department may prohibit or condition the movement of aquatic conveyances and waters from such a quarantined place or area that are likely to contain a prohibited species.
(2) A quarantine declaration under this section may be implemented separately or in conjunction with rapid response management actions under RCW 77.135.060 and infested site management actions under RCW 77.135.070 in a manner and for a duration necessary to protect the interests of the state from the threat of a prohibited level 1 or level 2 species. A quarantine declaration must include:
(a) The reasons for the action including the prohibited level 1 or level 2 species triggering the quarantine;
(b) The boundaries of the area affected;
(c) The action timeline;
(d) Types of aquatic conveyances and waters affected by the quarantine and any prohibition or conditions on the movement of those aquatic conveyances and waters from the quarantine area; and
(e) Inspection and decontamination requirements for aquatic conveyances.
[ 2014 c 202 s 107.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Department-declared quarantine.


title: RCW 77.135.060

text:
(1) The department may implement rapid response management actions where a prohibited level 1 species is detected in or on a water body or property. Rapid response management actions may: Include expedited actions to contain, control, or eradicate the prohibited species; and, if applicable, be implemented in conjunction with a quarantine declaration. Rapid response management actions must be terminated by the department when it determines that the targeted prohibited level 1 species are:
(a) Eradicated;
(b) Contained or controlled without need for further management actions;
(c) Reclassified for that water body; or
(d) Being managed under infested site management actions pursuant to RCW 77.135.070.
(2) If a rapid response management action exceeds seven days, the department may implement an incident command system for rapid response management including scope, duration, and types of actions and to support mutual assistance and cooperation between the department and other affected state and federal agencies, tribes, local governments, and private water body or property owners. The purpose of this system is to coordinate a rapid, effective, and efficient response to contain, control, and eradicate if feasible, a prohibited level 1 species. Mutual assistance and coordination by other state agencies is especially important to assist the department in expediting necessary state and federal environmental permits.
(3) The department may enter into cooperative agreements with national, regional, state, and local rapid response management action partners to establish incident command system structures, secure or prepare submission-ready environmental permits, and identify mutual assistance commitments in preparation for potential future actions.
(4) The department may perform simulated rapid response exercises, testing, or other training activities to prepare for future rapid response management actions.
(5) In implementing rapid response management actions, the department may enter upon property consistent with the process established under RCW 77.135.170.
[ 2014 c 202 s 108.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Rapid response management actions.


title: RCW 77.135.070

text:
(1) The department may implement infested site management actions where a prohibited level 2 species is detected in or on a water body or property. Infested site management actions may: Include long-term actions to contain, control, or eradicate the prohibited species; and, if applicable, be implemented in conjunction with a quarantine declaration. Infested site management actions must be terminated by the department when it determines that the targeted prohibited level 2 species are:
(a) Eradicated;
(b) Contained or controlled without need for further management actions; or
(c) Reclassified for that water body.
(2) The department must consult with affected state and federal agencies, tribes, local governments, and private water body or property owners prior to implementing infested site management actions. The purpose of the consultation is to support mutual assistance and cooperation in providing an effective and efficient response to contain, control, and eradicate, if feasible, a prohibited level 2 species.
(3) The department may enter into cooperative agreements with national, regional, state, and local infested site management action partners to establish management responsibilities, secure or prepare submission-ready environmental permits, and identify mutual assistance commitments.
(4) In implementing infested site management actions, the department may enter upon property consistent with the process established under RCW 77.135.170.
[ 2014 c 202 s 109.]
Notes:
Findings—2014 c 202: See note following RCW 77.135.010.

catchline: Infested site management actions.