title: RCW 77.55.091

text:
(1) Small scale prospecting and mining shall not require a permit under this chapter if the prospecting is conducted in accordance with rules established by the department.
(2) By December 31, 1998, the department shall adopt rules applicable to small scale prospecting and mining activities subject to this section. The department shall develop the rules in cooperation with the recreational mining community and other interested parties.
(3) Within two months of adoption of the rules, the department shall distribute an updated gold and fish pamphlet that describes methods of mineral prospecting that are consistent with the department's rule. The pamphlet shall be written to clearly indicate the prospecting methods that require a permit under this chapter and the prospecting methods that require compliance with the pamphlet. To the extent possible, the department shall use the provisions of the gold and fish pamphlet to minimize the number of specific provisions of a written permit issued under this chapter.
[ 2005 c 146 s 402; 1997 c 415 s 2. Formerly RCW 77.55.270, 75.20.330.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Findings—1997 c 415: "The legislature finds that small scale prospecting and mining: (1) Is an important part of the heritage of the state; (2) provides economic benefits to the state; and (3) can be conducted in a manner that is beneficial to fish habitat and fish propagation. Now, therefore, the legislature declares that small scale prospecting and mining shall be regulated in the least burdensome manner that is consistent with the state's fish management objectives and the federal endangered species act." [ 1997 c 415 s 1.]

catchline: Small scale prospecting and mining—Rules.


doc_type: statute

jurisdiction: wa

title: RCW 77.55.101

text:
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.
[ 1997 c 381 s 25. Formerly RCW 77.55.020, 75.20.015.]
Notes:
Purpose—1997 c 381: See RCW 43.21K.005.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Environmental excellence program agreements—Effect on chapter.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 77.55.111

text:
When a private landowner is applying for a permit under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of natural resources as provided in RCW 77.55.121, the department shall comply with the terms of that agreement when evaluating the request for a permit.
[ 2005 c 146 s 403; 2001 c 253 s 54; 1997 c 425 s 4. Formerly RCW 77.55.280, 75.20.340.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Finding—Intent—1997 c 425: See note following RCW 77.55.121.

catchline: Habitat incentives agreement.


title: RCW 77.55.121

text:
(1) Beginning in January 1998, the department and the department of natural resources shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties. The program shall allow a private landowner to enter into an agreement with the departments to enhance habitat on the landowner's property for food fish, game fish, or other wildlife species. In exchange, the landowner shall receive state regulatory certainty with regard to future applications for a permit or a forest practices permit on the property covered by the agreement. The overall goal of the program is to provide a mechanism that facilitates habitat development on private property while avoiding an adverse state regulatory impact to the landowner at some future date. A single agreement between the departments and a landowner may encompass up to one thousand acres. A landowner may enter into multiple agreements with the departments, provided that the total acreage covered by such agreements with a single landowner does not exceed ten thousand acres. The departments are not obligated to enter into an agreement unless the departments find that the agreement is in the best interest of protecting fish or wildlife species or their habitat.
(2) A habitat incentives agreement shall be in writing and shall contain at least the following: (a) A description of the property covered by the agreement; (b) an expiration date; (c) a description of the condition of the property prior to the implementation of the agreement; and (d) other information needed by the landowner and the departments for future reference and decisions.
(3) As part of the agreement, the department may stipulate the factors that will be considered when the department evaluates a landowner's application for a permit on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of natural resources and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of a permit must be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.
(4) As part of the agreement, the department of natural resources may stipulate the factors that will be considered when the department of natural resources evaluates a landowner's application for a forest practices permit under chapter 76.09 RCW on property covered by the agreement. The department of natural resources' identification of these evaluation factors shall be in concurrence with the department and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of forest practices permits shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.
(5) The agreement is binding on and may be used by only the landowner who entered into the agreement with the department. The agreement shall not be appurtenant with the land. However, if a new landowner chooses to maintain the habitat enhancement efforts on the property, the new landowner and the department and the department of natural resources may jointly choose to retain the agreement on the property.
(6) If the department and the department of natural resources receive multiple requests for agreements with private landowners under the habitat incentives program, the departments shall prioritize these requests and shall enter into as many agreements as possible within available budgetary resources.
[ 2005 c 146 s 404; 2000 c 107 s 229; 1997 c 425 s 3. Formerly RCW 77.55.300, 77.12.830.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Finding—Intent—1997 c 425: "In an effort to increase the amount of habitat available for fish and wildlife, the legislature finds that it is desirable for the department of fish and wildlife, the department of natural resources, and other interested parties to work closely with private landowners to achieve habitat enhancements. In some instances, private landowners avoid enhancing habitat because of a concern that the presence of fish or wildlife may make future land management more difficult. It is the intent of this act to provide a mechanism that facilitates habitat development while avoiding an adverse impact on the landowner at a later date. The habitat incentives program is not intended to supersede any federal laws." [ 1997 c 425 s 1.]

catchline: Habitat incentives program—Goal—Requirements of agreement—Application evaluation factors.


title: RCW 77.55.131

text:
The department and the department of ecology will work cooperatively with the United States army corps of engineers to develop a memorandum of agreement outlining dike vegetation management guidelines so that dike owners are eligible for coverage under P.L. 84-99, and state requirements established pursuant to RCW 77.55.021 are met.
[ 2005 c 146 s 405; 2000 c 107 s 18; 1993 sp.s. c 2 s 34; 1991 c 322 s 19. Formerly RCW 77.55.130, 75.20.1041.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.

catchline: Dike vegetation management guidelines—Memorandum of agreement.


title: RCW 77.55.151

text:
(1) Upon application under RCW 77.55.021, the department shall issue a renewable, five-year permit to a marina or marine terminal for its regular maintenance activities identified in the application.
(2) For the purposes of this section, regular maintenance activities may include, but are not limited to:
(a) Maintenance or repair of a boat ramp, launch, or float within the existing footprint;
(b) Maintenance or repair of an existing overwater structure within the existing footprint;
(c) Maintenance or repair of boat lifts or railway launches;
(d) Maintenance or repair of pilings, including the replacement of bumper pilings;
(e) Dredging of less than fifty cubic yards;
(f) Maintenance or repair of shoreline armoring or bank protection;
(g) Maintenance or repair of wetland, riparian, or estuarine habitat; and
(h) Maintenance or repair of an existing outfall.
(3) The five-year permit must include a requirement that a fourteen-day notice be given to the department before regular maintenance activities begin.
(4) A permit under this section is subject to the application fee provided in *RCW 77.55.321.
[ 2012 1st sp.s. c 1 s 105; 2005 c 146 s 502; 2002 c 368 s 7; 1996 c 192 s 2. Formerly RCW 77.55.220, 75.20.180.]
Notes:
*Reviser's note: RCW 77.55.321 expired June 30, 2017.
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Finding—Intent—2002 c 368: See note following RCW 77.55.161.
Finding—Intent—1996 c 192: "The legislature finds that initial construction of a marina and some maintenance activities change the natural flow or bed of the salt or freshwater body in which the marina is constructed. Because of this disturbance, it is appropriate that plans for initial marina construction as well as some maintenance activities undergo the hydraulic project review and approval process established in chapter 75.20 RCW.
It is the intent of the legislature that after a marina has received a hydraulic project approval and been constructed, a renewable, five-year hydraulic project approval be issued, upon request, for regular maintenance activities within the marina." [ 1996 c 192 s 1.]

catchline: Permit issued to a marina or marine terminal for regular maintenance activities.


title: RCW 77.55.161

text:
(1) Notwithstanding any other provision of this chapter, all permits related to stormwater discharges must follow the provisions established in this section.
(2) Permits issued in locations covered by a national pollution discharge elimination system municipal stormwater general permit may not be conditioned or denied for water quality or quantity impacts arising from stormwater discharges. A permit is required only for the actual construction of any stormwater outfall or associated structures pursuant to this chapter.
(3)(a) In locations not covered by a national pollution discharge elimination system municipal stormwater general permit, the department may issue permits that contain provisions that protect fish life from adverse effects, such as scouring or erosion of the bed of the water body, resulting from the direct hydraulic impacts of the discharge.
(b) Prior to the issuance of a permit issued under this subsection (3), the department must:
(i) Make a finding that the discharge from the outfall will cause harmful effects to fish life;
(ii) Transmit the findings to the applicant and to the city or county where the project is being proposed; and
(iii) Allow the applicant an opportunity to use local ordinances or other mechanisms to avoid the adverse effects resulting from the direct hydraulic discharge. The forty-five day requirement for permit issuance under RCW 77.55.021 is suspended during the time period the department is meeting the requirements of this subsection (3)(b).
(c) After following the procedures set forth in (b) of this subsection, the department may issue a permit that prescribes the discharge rates from an outfall structure that will prevent adverse effects to the bed or flow of the waterway. The department may recommend, but not specify, the measures required to meet these discharge rates. The department may not require changes to the project design above the mean higher high water mark of marine waters, or the ordinary high water mark of fresh waters of the state. Nothing in this section alters any authority the department may have to regulate other types of projects under this chapter.
[ 2005 c 146 s 503; 2002 c 368 s 4. Formerly RCW 77.55.340.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Finding—Intent—2002 c 368: "The legislature finds that hydraulic project approvals should ensure that fish life is properly protected, but conditions attached to the approval of these permits must reasonably relate to the potential harm that the projects may produce. The legislature is particularly concerned over the current overlap of agency jurisdiction regarding stormwater projects, and believes that there is an immediate need to address this issue to ensure that project applicants are not given conflicting directions over project design. Requiring a major redesign of a project results in major delays, produces exponentially rising costs for both public and private project applicants, and frequently produces only marginal benefits for fish.
The legislature recognizes that the department of ecology is primarily responsible for the approval of stormwater projects. The legislature believes that once the department of ecology approves a proposed stormwater project, it is inappropriate for the department of fish and wildlife to require a major redesign of that project in order for the applicant to obtain hydraulic project approval. The legislature further believes that it is more appropriate for the department of fish and wildlife to defer the design elements of a stormwater project to the department of ecology and focus its own efforts on determining reasonable mitigation or conditions for the project based upon the project's potential harm to fish. It is the intent of the legislature to restore some balance over conditions attached to hydraulic permits, and to minimize overlapping state regulatory authority regarding stormwater projects in order to reduce waste in both time and money while still providing ample protection for fish life." [ 2002 c 368 s 1.]

catchline: Stormwater discharges.


title: RCW 77.55.171

text:
A permit required by the department for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.
[ 2005 c 146 s 504; 1995 c 378 s 14. Formerly RCW 77.55.210, 75.20.170.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.

catchline: Watershed restoration projects—Permit processing.


title: RCW 77.55.181

text:
(1)(a) In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under this section and must be a project to accomplish one or more of the following tasks:
(i) Elimination of human-made or caused fish passage barriers, including:
(A) Culvert repair and replacement; and
(B) Fish passage barrier removal projects that comply with the forest practices rules, as the term "forest practices rules" is defined in RCW 76.09.020;
(ii) Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water;
(iii) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks; or
(iv) Restoration of native kelp and eelgrass beds and restoring native oysters.
(b) The department shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this section if the department determines that the scale of the project raises concerns regarding public health and safety.
(c) A fish habitat enhancement project must be approved in one of the following ways in order to receive the permit review and approval process created in this section:
(i) By the department pursuant to chapter 77.95 or 77.100 RCW;
(ii) By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW;
(iii) By the department as a department-sponsored fish habitat enhancement or restoration project;
(iv) Through the review and approval process for the jobs for the environment program;
(v) By conservation districts as conservation district-sponsored fish habitat enhancement or restoration projects;
(vi) Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration;
(vii) By federally recognized tribes as tribally sponsored fish habitat enhancement projects or restoration projects;
(viii) Through the department of transportation's environmental retrofit program as a stand-alone fish passage barrier correction project, or the fish passage barrier correction portion of a larger transportation project;
(ix) Through a local, state, or federally approved fish barrier removal grant program designed to assist local governments in implementing stand-alone fish passage barrier corrections;
(x) By a city or county for a stand-alone fish passage barrier correction project funded by the city or county;
(xi) Through the approval process established for forest practices hydraulic projects in chapter 76.09 RCW; or
(xii) Through other formal review and approval processes established by the legislature.
(2) Fish habitat enhancement projects meeting the criteria of subsection (1) of this section are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of subsection (1) of this section and being reviewed and approved according to the provisions of this section are not subject to the requirements of RCW 43.21C.030(2)(c).
(3)(a) A permit is required for projects that meet the criteria of subsection (1) of this section and are being reviewed and approved under this section. An applicant shall use a joint aquatic resource permit application form developed by the office of regulatory assistance to apply for approval under this chapter. The department of transportation shall use the department's online permit application system or a joint aquatic resource permit application form developed by the office of regulatory assistance to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the department and to each appropriate local government. Applicants for a forest practices hydraulic project that are not otherwise required to submit a joint aquatic resource permit application must submit a copy of their forest practices application to the appropriate local government on the same day that they submit the forest practices application to the department of natural resources.
(b) Local governments shall accept the application identified in this section as notice of the proposed project. A local government shall be provided with a 15-day comment period during which it may transmit comments regarding environmental impacts to the department or, for forest practices hydraulic projects, to the department of natural resources.
(c)(i) Except for forest practices hydraulic projects, the department shall, within 45 days, either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. The department shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by the conditioning of a permit. Permitting decisions over forest practices hydraulic approvals must be made consistent with chapter 76.09 RCW.
(ii) For department of transportation fish passage barrier correction projects, the department of fish and wildlife shall, within 30 days, either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project.
(d) If the department determines that the review and approval process created by this section is not appropriate for the proposed project, the department shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes.
(e) Any person aggrieved by the approval, denial, conditioning, or modification of a permit other than a forest practices hydraulic project under this section may appeal the decision as provided in RCW 77.55.021(8). Appeals of a forest practices hydraulic project may be made as provided in chapter 76.09 RCW.
(4) No local government may require permits or charge fees for fish habitat enhancement projects that meet the criteria of subsection (1) of this section and that are reviewed and approved according to the provisions of this section, except that, pursuant to chapter 86.16 RCW, a local government may impose such requirements, or charge such fees, or both, only as may be necessary in order for the local government to administer the national flood insurance program regulation requirements.
(5) No civil liability may be imposed by any court on the state or its officers and employees for any adverse impacts resulting from a fish enhancement project permitted by the department or the department of natural resources under the criteria of this section except upon proof of gross negligence or willful or wanton misconduct.
[ 2021 c 289 s 1; 2020 c 166 s 1; 2019 c 150 s 1; 2017 c 241 s 1; 2014 c 120 s 1; 2010 c 210 s 29; 2005 c 146 s 505; 2001 c 253 s 55; 1998 c 249 s 3. Formerly RCW 77.55.290, 75.20.350.]
Notes:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Findings—Purpose—1998 c 249: "The legislature finds that fish habitat enhancement projects play a key role in the state's salmon and steelhead recovery efforts. The legislature finds that there are over two thousand barriers to fish passage at road crossings throughout the state, blocking fish access to as much as three thousand miles of freshwater spawning and rearing habitat. The legislature further finds that removal of these barriers and completion of other fish habitat enhancement projects should be done in a cost-effective manner, which includes providing technical assistance and training to people who will undertake projects such as removal of barriers to salmon passage and minimizing the expense and delays of various permitting processes. The purpose of this act is to take immediate action to facilitate the review and approval of fish habitat enhancement projects, to encourage efforts that will continue to improve the process in the future, to address known fish passage barriers immediately, and to develop over time a comprehensive system to inventory and prioritize barriers on a statewide basis." [ 1998 c 249 s 1.]
Joint aquatic resource permit application form—Modification—1998 c 249: "The department of ecology permit assistant [assistance] center shall immediately modify the joint aquatic resource permit application form to incorporate the permit process established in section 3 of this act." [ 1998 c 249 s 2.]
Finding—Report—1998 c 249: "The legislature finds that, while the process created in this act can improve the speed with which fish habitat enhancement projects are put into place, additional efforts can improve the review and approval process for the future. The legislature directs the department of fish and wildlife, the conservation commission, local governments, fish habitat enhancement project applicants, and other interested parties to work together to continue to improve the permitting review and approval process. Specific efforts shall include the following:
(1) Development of common acceptable design standards, best management practices, and standardized hydraulic project approval conditions for each type of fish habitat enhancement project;
(2) An evaluation of the potential for using technical evaluation teams in evaluating specific project proposals or stream reaches;
(3) An evaluation of techniques appropriate for restoration and enhancement of pasture and crop land adjacent to riparian areas;
(4) A review of local government shoreline master plans to identify and correct instances where the local plan does not acknowledge potentially beneficial instream work;
(5) An evaluation of the potential for local governments to incorporate fish habitat enhancement projects into their comprehensive planning process; and
(6) Continued work with the federal government agencies on federal permitting for fish habitat enhancement projects.
The department of fish and wildlife shall coordinate this joint effort and shall report back to the legislature on the group's progress by December 1, 1998." [ 1998 c 249 s 15.]
Effective date—1998 c 249: "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 [April 1, 1998]." [ 1998 c 249 s 18.]

catchline: Fish habitat enhancement project—Permit review and approval process—Fees—Limitation of liability.


title: RCW 77.55.191

text:
(1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and rivers and to protect them against undue industrial encroachment.
(2) Within the sanctuary area:
(a) The department shall not issue a permit to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as determined by the department.
(b) A person shall not divert water from rivers and streams in quantities that will reduce the respective streamflow below the annual average low flow, based upon data published in United States geological survey reports.
(3) The commission may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.
(4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.
[ 2005 c 146 s 506; 1998 c 190 s 89; 1995 1st sp.s. c 2 s 27 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 s 36; 1988 c 36 s 36; 1985 c 307 s 5; 1983 1st ex.s. c 46 s 76; 1961 c 4 s 1 (Initiative Measure No. 25, approved November 8, 1960). Formerly RCW 77.55.160, 75.20.110.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Severability—1961 c 4: "If any section or provision or part thereof of this act shall be held unconstitutional or for any other reason invalid, the invalidity of such section, provision or part thereof shall not affect the validity of the remaining sections, provisions or parts thereof which are not judged to be invalid or unconstitutional." [ 1961 c 4 s 3 (Initiative Measure No. 25, approved November 8, 1960).]

catchline: Columbia river anadromous fish sanctuary—Restrictions.


title: RCW 77.55.201

text:
A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2) shall serve as a permit for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.
[ 2005 c 146 s 507.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.

catchline: Landscape management plan.


title: RCW 77.55.211

text:
The department, the department of ecology, and the department of natural resources shall jointly develop an informational brochure that describes when permits and any other authorizations are required for flood damage prevention and reduction projects, and recommends ways to best proceed through the various regulatory permitting processes.
[ 2005 c 146 s 406; 1993 sp.s. c 2 s 28; 1991 c 322 s 21. Formerly RCW 77.55.010, 75.20.005.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.

catchline: Informational brochure.


title: RCW 77.55.221

text:
The department shall, at the request of a county, develop five-year maintenance permit agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200, or other watershed plan approved by a county legislative authority, to allow for work on public and private property for bank stabilization, bridge repair, removal of sandbars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects.
[ 2005 c 146 s 508.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.

catchline: Flood damage repair and reduction activities—Five-year maintenance permit agreements.


title: RCW 77.55.231

text:
(1)(a) Conditions imposed upon a permit must be reasonably related to the project. The permit conditions must ensure that the project provides proper protection for fish life, but the department may not impose conditions that attempt to optimize conditions for fish life that are out of proportion to the impact of the proposed project.
(b) In the event that any person desires to replace residential marine shoreline stabilization or armoring, a person must use the least impacting technically feasible bank protection alternative for the protection of fish life. Unless the department provides an exemption depending on the scale and nature of the project, a person that desires to replace residential marine shoreline stabilization or armoring must conduct a site assessment to consider the least impactful alternatives. A person should propose a hard armor technique only after considering site characteristics such as the threat to major improvements, wave energy, and other factors in an analysis of alternatives. The common alternatives identified in (b)(i) through (vii) of this subsection are in order from most preferred to least preferred:
(i) Remove the structure and restore the beach;
(ii) Remove the structure and install native vegetation;
(iii) Remove the structure and control upland drainage;
(iv) Remove the structure and replace it with a soft structure constructed of natural materials, including bioengineering;
(v) Remove the hard structure and construct upland retaining walls;
(vi) Remove the hard structure and replace it with a hard structure located landward of the existing structure, preferably at or above the ordinary high water line; or
(vii) Remove the hard structure and replace it with hard shoreline structure in the same footprint as the existing structure.
(c) For the purposes of this subsection, "feasible" means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.
(2) The permit must contain provisions allowing for minor modifications to the plans and specifications without requiring reissuance of the permit.
(3) The permit must contain provisions that allow for minor modifications to the required work timing without requiring the reissuance of the permit. "Minor modifications to the required work timing" means a minor deviation from the timing window set forth in the permit when there are no spawning or incubating fish present within the vicinity of the project.
[ 2021 c 279 s 2; 2012 1st sp.s. c 1 s 106; 2005 c 146 s 601; 2002 c 368 s 5. Formerly RCW 77.55.350.]
Notes:
Findings—2021 c 279: "The legislature finds that the state of Washington will continue to be negatively impacted by the effects of climate change, including reduced winter snowpack, drought, increased frequencies of forest fires, and acidifying oceans that disrupt marine ecosystem viability. In the nearshore environment, climate change contributes to the rise in average sea-surface temperatures and rising sea levels. Hardened shoreline structures are not always well-suited for their intended purpose and may have unintended consequences in the nearshore environment. Soft shorelines or natural shorelines may protect and restore shoreline ecosystems through the use of natural plants and materials, and the legislature finds that landowners must consider alternatives to hardening shorelines to restore ecosystem function and recover threatened and endangered species to help address the impacts of climate change in the nearshore environment." [ 2021 c 279 s 1.]
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Finding—Intent—2002 c 368: See note following RCW 77.55.161.

catchline: Conditions imposed upon a permit—Reasonably related to project—Least impactful modifications—Minor modifications to plans/work timing.


title: RCW 77.55.241

text:
(1) The legislature finds that the construction of hydraulic projects may require mitigation for the protection of fish life, and that the mitigation may be most cost-effective and provide the most benefit to the fish resource if the mitigation is allowed to be applied in locations that are off-site of the hydraulic project location. The department may approve off-site mitigation plans that are submitted by permit applicants.
(2) If a permit applicant proposes off-site mitigation and the department does not approve the permit or conditions the permit in such a manner as to render off-site mitigation unpracticable, the project proponent may appeal the decision as provided in *RCW 77.55.021(4).
[ 2010 c 210 s 30; 2005 c 146 s 602; 1996 c 276 s 1. Formerly RCW 77.55.230, 75.20.190.]
Notes:
*Reviser's note: RCW 77.55.021 was amended by 2012 1st sp.s. c 1 s 102, changing subsection (4) to subsection (8).
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Part headings not law—2005 c 146: See note following RCW 77.55.011.

catchline: Off-site mitigation.


title: RCW 77.55.251

text:
When reviewing a mitigation plan under RCW 77.55.021, the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030.
[ 2005 c 146 s 603; 2000 c 107 s 15; 1997 c 424 s 6. Formerly RCW 77.55.090, 75.20.098.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.

catchline: Mitigation plan review.


title: RCW 77.55.261

text:
Whenever the placement of woody debris is required as a condition of a permit issued under RCW 77.55.021, the department, upon request, shall invite comment regarding that placement from the local governmental authority, affected tribes, affected federal and state agencies, and the project applicant.
[ 2005 c 146 s 604; 2000 c 107 s 17; 1993 sp.s. c 2 s 33; 1991 c 322 s 18. Formerly RCW 77.55.120, 75.20.104.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.

catchline: Placement of woody debris as condition of permit.


title: RCW 77.55.271

text:
The department shall not require mitigation for sediment dredging or capping actions that result in a cleaner aquatic environment and equal or better habitat functions and values, if the actions are taken under a state or federal cleanup action.
This chapter shall not be construed to require habitat mitigation for navigation and maintenance dredging of existing channels and berthing areas.
[ 1997 c 424 s 5. Formerly RCW 77.55.260, 75.20.325.]

catchline: Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required.


title: RCW 77.55.281

text:
(1) The department may not require a fishway on a tide gate, flood gate, or other associated man-made agricultural drainage facilities as a condition of a permit if such a fishway was not originally installed as part of an agricultural drainage system existing on or before May 20, 2003.
(2) Any condition requiring a self-regulating tide gate to achieve fish passage in an existing permit under this chapter may not be enforced.
[ 2005 c 146 s 605.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.

catchline: Fishways on certain agricultural drainage facilities.


title: RCW 77.55.331

text:
(1) The hydraulic project approval account is created in the state treasury. All receipts from application fees for hydraulic project approval applications collected under *RCW 77.55.321 must be deposited into the account.
(2) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the hydraulic project approval account may be spent only after appropriation.
(3) Expenditures from the hydraulic project approval account may be used only to fund department activities relating to implementing and operating the hydraulic project approval program.
[ 2012 1st sp.s. c 1 s 104.]
Notes:
*Reviser's note: RCW 77.55.321 expired June 30, 2017.
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.

catchline: Hydraulic project approval account.


title: RCW 77.55.341

text:
The department shall prepare and distribute technical and educational information to the general public to assist the public in complying with the requirements of this chapter, including the changes resulting from chapter 1, Laws of 2012 1st sp. sess.
[ 2012 1st sp.s. c 1 s 107.]
Notes:
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.

catchline: Department to prepare and distribute information to the public.


title: RCW 77.55.351

text:
The department shall develop a system to provide local governments, affected tribes, and other interested parties with access to hydraulic project approval applications.
[ 2012 1st sp.s. c 1 s 108.]
Notes:
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.

catchline: Department to develop system to provide access to hydraulic project approval applications.


title: RCW 77.55.361

text:
(1) The requirements of this chapter do not apply to any forest practices hydraulic project, or to any activities that are associated with such a project, upon incorporation of fish protection standards adopted under this chapter into the forest practices rules and approval of technical guidance as required under RCW 76.09.040, at which time these projects are regulated under chapter 76.09 RCW.
(2) The department must continue to conduct regulatory and enforcement activities under this chapter for forest practices hydraulic projects until the forest practices board incorporates fish protection standards adopted under this chapter into the forest practices rules and approves technical guidance as required under RCW 76.09.040.
(3) By December 31, 2013, the department shall adopt rules establishing the procedures for the concurrence review process consistent with RCW 76.09.490. The concurrence review process must allow the department up to thirty days to review forest practices hydraulic projects meeting the criteria under RCW 76.09.490(2) (a) and (b) for consistency with fish protection standards.
(4) The department shall notify the department of natural resources prior to beginning a rule-making process that may affect activities regulated under chapter 76.09 RCW.
(5) The department shall act consistent with appendix M of the forest and fish report, as the term "forests and fish report" is defined in RCW 76.09.020, when modifying fish protection rules that may affect activities regulated under chapter 76.09 RCW.
(6) The department may review and provide comments on any forest practices application. The department shall review, and either verify that the review has occurred or comment on, forest practices applications that include a forest practices hydraulic project involving fish bearing waters or shorelines of the state, as that term is defined in RCW 90.58.030. Prior to commenting and whenever reasonably practicable, the department shall communicate with the applicant regarding the substance of the project.
(7) The department shall participate in effectiveness monitoring for forest practices hydraulic projects through its role in the review processes provided under WAC 222-08-160 as it existed on July 10, 2012.
[ 2012 1st sp.s. c 1 s 201.]
Notes:
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.

catchline: Limitations of chapter to a forest practices hydraulic project—Adoption of rules for concurrent review process—Department's duties regarding chapter 76.09 RCW.


title: RCW 77.55.371

text:
(1) The department and the department of natural resources shall enter into and maintain a memorandum of agreement between the two agencies that describes how to implement integration of hydraulic project approvals into forest practices applications consistent with chapter 1, Laws of 2012 1st sp. sess.
(2) The initial memorandum of agreement required under subsection (1) of this section between the two departments must be executed by December 31, 2012. The memorandum of agreement may be amended as agreed to by the two departments.
(3) The department and the department of natural resources shall enter into and maintain an interagency contract to ensure implementation of chapter 1, Laws of 2012 1st sp. sess. and the memorandum of agreement between the two agencies required under subsection (1) of this section. The contract must include funding provisions for the department's review of forest practices hydraulic projects.
[ 2012 1st sp.s. c 1 s 204.]
Notes:
Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—2012 1st sp.s. c 1: See notes following RCW 77.55.011.
Authority of department of fish and wildlife under act—2012 1st sp.s. c 1: See note following RCW 76.09.040.

catchline: Memorandum of agreement to implement integration of hydraulic project approvals into forest practices applications—Interagency contract.


title: RCW 77.55.400

text:
(1) A person proposing construction or other work landward of the ordinary high water line that will use, divert, obstruct, or change the natural flow or bed of state waters shall submit a permit application to the department. However, if a person is unsure about whether the work requires a permit, they may request a preapplication determination from the department. The department must evaluate the proposed work and determine if the work is a hydraulic project and, if so, whether a permit from the department is required to ensure adequate protection of fish life.
(2) The preapplication determination request must be submitted through the department's online permitting system and must contain:
(a) A description of the proposed project;
(b) A map showing the location of the project site; and
(c) Preliminary plans and specifications of the proposed construction or work, if available.
(3) The department shall provide tribes and local governments a seven calendar day review and comment period. The department shall consider all applicable written comments received before issuing a determination.
(4) The department shall issue a written determination, including the rationale for the decision, within twenty-one calendar days of receiving the request.
(5) Determinations made according to the provisions of this section are not subject to the requirements of chapter 43.21C RCW.
[ 2019 c 290 s 4.]
Notes:
Finding—Intent—2019 c 290: See note following RCW 77.12.085.

catchline: Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination.


title: RCW 77.55.410

text:
(1) When the department determines that a violation of this chapter, or of any of the rules that implement this chapter, has occurred or is about to occur, it shall first attempt to achieve voluntary compliance. The department shall offer information and technical assistance to the project proponent, identifying one or more means to accomplish the project proponent's purposes within the framework of the law. The department shall provide a reasonable timeline to achieve voluntary compliance that takes into consideration factors specific to the violation, such as the complexity of the hydraulic project, the actual or potential harm to fish life or fish habitat, and the environmental conditions at the time.
(2) If a person violates this chapter, or any of the rules that implement this chapter, or deviates from a permit, the department may issue a notice of correction in accordance with chapter 43.05 RCW, a notice of violation in accordance with chapter 43.05 RCW, a stop work order, a notice to comply, or a notice of civil penalty as authorized by law and subject to chapter 43.05 RCW and RCW 34.05.110.
(3) For purposes of this section, the term "project proponent" means a person who has applied for a hydraulic project approval, a person identified as an authorized agent on an application for a hydraulic project approval, a person who has obtained a hydraulic project approval, or a person who undertakes a hydraulic project without a hydraulic project approval.
(4) This section does not apply to a project, or to that portion of a project, that has received a forest practices hydraulic project permit from the department of natural resources pursuant to chapter 76.09 RCW.
[ 2019 c 290 s 5.]
Notes:
Finding—Intent—2019 c 290: See note following RCW 77.12.085.

catchline: Violation of chapter.


title: RCW 77.55.420

text:
(1) The department may serve upon a project proponent a stop work order, which is a final order of the department, if:
(a) There is any severe violation of this chapter or of the rules implementing this chapter or there is a deviation from the hydraulic project approval that may cause significant harm to fish life; and
(b) Immediate action is necessary to prevent continuation of or to avoid more than minor harm to fish life or fish habitat.
(2)(a) The stop work order must set forth:
(i) A description of the condition that is not in compliance and the text of the specific section or subsection of this chapter or the rules that implement this chapter;
(ii) A statement of what is required to achieve compliance;
(iii) The date by which the department requires compliance;
(iv) Notice of the means to contact any technical assistance services provided by the department or others;
(v) Notice of when, where, and to whom the request to extend the time to achieve compliance for good cause may be filed with the department; and
(vi) The right to an appeal.
(b) A stop work order may require that any project proponent stop all work connected with the violation until corrective action is taken. A stop work order may also require that any project proponent take corrective action to prevent, correct, or compensate for adverse impacts to fish life and fish habitat.
(c) A stop work order must be authorized by senior or executive department personnel. The department shall initiate rule making to identify the appropriate level of senior and executive level staff approval for these actions based on the level of financial effect on the violator and the scope and scale of the impact to fish life and habitat.
(3) Within five business days of issuing the stop work order, the department shall mail a copy of the stop work order to the last known address of any project proponent, to the last known address of the owner of the land on which the hydraulic project is located, and to the local jurisdiction in which the hydraulic project is located. The department must take all measures reasonably calculated to ensure that the project proponent actually receives notice of the stop work order.
(4) Issuance of a stop work order may be informally appealed by a project proponent who was served with the stop work order or who received a copy of the stop work order from the department, or by the owner of the land on which the hydraulic project is located, to the department within thirty days from the date of receipt of the stop work order. Requests for informal appeal must be filed in the form and manner prescribed by the department by rule. A stop work order that has been informally appealed to the department is appealable to the board within thirty days from the date of receipt of the department's decision on the informal appeal.
(5) The project proponent who was served with the stop work order or who received a copy of the stop work order from the department, or the owner of the land on which the hydraulic project is located, may commence an appeal to the board within thirty days from the date of receipt of the stop work order. If such an appeal is commenced, the proceeding is an adjudicative proceeding under the administrative procedure act, chapter 34.05 RCW. The recipient of the stop work order must comply with the order of the department immediately upon being served, but the board may stay, modify, or discontinue the order, upon motion, under such conditions as the board may impose.
(6) This section does not apply to a project, or to that portion of a project, that has received a forest practices hydraulic project permit from the department of natural resources pursuant to chapter 76.09 RCW.
(7) For the purposes of this section, "project proponent" has the same meaning as defined in RCW 77.55.410(3).
[ 2019 c 290 s 6.]
Notes:
Finding—Intent—2019 c 290: See note following RCW 77.12.085.

catchline: Stop work order—Notice—Appeal.


title: RCW 77.55.430

text:
(1)(a) If a violation of this chapter or of the rules implementing this chapter, a deviation from the hydraulic project approval, damage to fish life or fish habitat, or potential damage to fish life or fish habitat, has occurred and the department determines that a stop work order is unnecessary, the department may issue and serve upon a project proponent a notice to comply, which must clearly set forth:
(i) A description of the condition that is not in compliance and the text of the specific section or subsection of this chapter or the rules that implement this chapter;
(ii) A statement of what is required to achieve compliance;
(iii) The date by which the department requires compliance to be achieved;
(iv) Notice of the means to contact any technical assistance services provided by the department or others;
(v) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the department; and
(vi) The right to an appeal.
(b) The notice to comply may require that any project proponent take corrective action to prevent, correct, or compensate for adverse impacts to fish life or fish habitat.
(2) Within five business days of issuing the notice to comply, the department shall mail a copy of the notice to comply to the last known address of any project proponent, to the last known address of the owner of the land on which the hydraulic project is located, and to the local jurisdiction in which the hydraulic project is located. The department must take all measures reasonably calculated to ensure that the project proponent actually receives notice of the notice to comply.
(3) Issuance of a notice to comply may be informally appealed by a project proponent who was served with the notice to comply or who received a copy of the notice to comply from the department, or by the owner of the land on which the hydraulic project is located, to the department within thirty days from the date of receipt of the notice to comply. Requests for informal appeal must be filed in the form and manner prescribed by the department by rule. A notice to comply that has been informally appealed to the department is appealable to the board within thirty days from the date of receipt of the department's decision on the informal appeal.
(4) The project proponent who was served with the notice to comply, the project proponent who received a copy of the notice to comply from the department, or the owner of the land on which the hydraulic project is located may commence an appeal to the board within thirty days from the date of receipt of the notice to comply. If such an appeal is commenced, the proceeding is an adjudicative proceeding under the administrative procedure act, chapter 34.05 RCW. The recipient of the notice to comply must comply with the notice to comply immediately upon being served, but the board may stay, modify, or discontinue the notice to comply, upon motion, under such conditions as the board may impose.
(5) This section does not apply to a project, or to that portion of a project, that has received a forest practices hydraulic project permit from the department of natural resources pursuant to chapter 76.09 RCW.
(6) For the purposes of this section, "project proponent" has the same meaning as defined in RCW 77.55.410(3).
[ 2019 c 290 s 7.]
Notes:
Finding—Intent—2019 c 290: See note following RCW 77.12.085.

catchline: Notice to comply—Notice—Appeal.


title: RCW 77.55.440

text:
(b) *[(1)] Penalties must be authorized by senior or executive department personnel. The department shall initiate rule making to identify the appropriate level of senior and executive level staff approval for these actions based on the level of financial effect on the violator and the scope and scale of the impact to fish life and habitat.
(2) The penalty provided must be imposed by notice in writing by the department, provided either by certified mail or by personal service, to the person incurring the penalty and to the local jurisdiction in which the hydraulic project is located, describing the violation. The department must take all measures reasonably calculated to ensure that the project proponent actually receives notice of the notice of penalty. The civil penalty notice must set forth:
(a) The basis for the penalty;
(b) The amount of the penalty; and
(c) The right of the person incurring the penalty to appeal the civil penalty.
(3)(a) Except as provided in (b) of this subsection, any person incurring any penalty under this chapter may appeal the penalty to the board pursuant to chapter 34.05 RCW. Appeals must be filed within thirty days from the date of receipt of the notice of civil penalty in accordance with RCW 43.21B.230.
(b) Issuance of a civil penalty may be informally appealed by the person incurring the penalty to the department within thirty days from the date of receipt of the notice of civil penalty. Requests for informal appeal must be filed in the form and manner prescribed by the department by rule. A civil penalty that has been informally appealed to the department is appealable to the board within thirty days from the date of receipt of the department's decision on the informal appeal.
(4) The penalty imposed becomes due and payable thirty days after receipt of a notice imposing the penalty unless an appeal is filed. Whenever an appeal of any penalty incurred under this chapter is filed, the penalty becomes due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. When the penalty becomes past due, it is also subject to interest at the rate allowed by RCW 43.17.240 for debts owed to the state.
(5) If the amount of any penalty is not paid within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of the county in which such a violation occurred, to recover the penalty. In all such actions, the rules of civil procedure and the rules of evidence are the same as in an ordinary civil action. The department is also entitled to recover reasonable attorneys' fees and costs incurred in connection with the penalty recovered under this section. All civil penalties received or recovered by state agency action for violations as prescribed in subsection (1) of this section must be deposited into the state's general fund. The department is authorized to retain any attorneys' fees and costs it may be awarded in connection with an action brought to recover a civil penalty issued pursuant to this section.
(6) The department shall adopt by rule a penalty schedule to be effective by January 1, 2020. The penalty schedule must be developed in consideration of the following:
(a) Previous violation history;
(b) Severity of the impact on fish life and fish habitat;
(c) Whether the violation of this chapter or of its rules was intentional;
(d) Cooperation with the department;
(e) Reparability of any adverse effects resulting from the violation; and
(f) The extent to which a penalty to be imposed on a person for a violation committed by another should be reduced if the person was unaware of the violation and has not received a substantial economic benefit from the violation.
(7) This section does not apply to a project, or to that portion of a project, that has received a forest practices hydraulic project permit from the department of natural resources pursuant to chapter 76.09 RCW.
[ 2019 c 290 s 8.]
Notes:
*Reviser's note: The governor partially vetoed section 8, chapter 290, Laws of 2019.
Finding—Intent—2019 c 290: See note following RCW 77.12.085.

catchline: Penalties—Notice—Appeal—Authority of attorney general to recover penalty—Penalty schedule.


title: RCW 77.55.450

text:
(1) The department may apply for an administrative inspection warrant in either Thurston county superior court or the superior court in the county in which the hydraulic project is located. The court may issue an administrative inspection warrant where:
(a) Department personnel need to inspect the hydraulic project site to ensure compliance with this chapter or with rules adopted to implement this chapter; or
(b) Department personnel have probable cause to believe that a violation of this chapter or of the rules that implement this chapter is occurring or has occurred.
(2) This section does not apply to a project, or to that portion of a project, that has received a forest practices hydraulic project permit from the department of natural resources pursuant to chapter 76.09 RCW.
[ 2019 c 290 s 9.]
Notes:
Finding—Intent—2019 c 290: See note following RCW 77.12.085.

catchline: Administrative inspection warrant.


title: RCW 77.55.460

text:
(1) The department may disapprove an application for hydraulic project approval submitted by a person who has failed to comply with a final order issued pursuant to RCW 77.55.420 or 77.55.430 or who has failed to pay civil penalties issued pursuant to RCW 77.55.440. Applications may be disapproved for up to one year from the issuance of a notice of intent to disapprove applications under this section, or until all outstanding civil penalties are paid and all outstanding notices to comply and stop work orders are complied with, whichever is longer.
(2) The department shall provide written notice of its intent to disapprove an application under this section to the applicant and to any authorized agent or landowner identified in the application.
(3) The disapproval period runs from thirty days following the date of actual notice of intent or when all administrative and judicial appeals, if any, have been exhausted.
(4) Any person provided the notice may seek review from the board by filing a request for review within thirty days of the date of the notice of intent to disapprove applications.
[ 2019 c 290 s 10.]
Notes:
Finding—Intent—2019 c 290: See note following RCW 77.12.085.

catchline: Disapproval of an application—Notice—Review.


title: RCW 77.55.470

text:
The remedies under this chapter are not exclusive and do not limit or abrogate any other civil or criminal penalty, remedy, or right available in law, equity, or statute.
[ 2019 c 290 s 11.]
Notes:
Finding—Intent—2019 c 290: See note following RCW 77.12.085.

catchline: Remedies under chapter not exclusive.


title: RCW 77.57.010

text:
(1) A diversion device used for conducting water from a lake, river, or stream for any purpose shall be equipped with a fish guard approved by the director to prevent the passage of fish into the diversion device. The fish guard shall be maintained at all times when water is taken into the diversion device. The fish guards shall be installed at places and times prescribed by the director upon thirty days' notice to the owner of the diversion device.
(2) Each day the diversion device is not equipped with an approved fish guard is a separate offense. If within thirty days after notice to equip a diversion device the owner fails to do so, the director may take possession of the diversion device and close the device until it is properly equipped. Expenses incurred by the department constitute the value of a lien upon the diversion device and upon the real and personal property of the owner. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the action is taken.
[ 2005 c 146 s 901; 1998 c 190 s 85; 1983 1st ex.s. c 46 s 70; 1955 c 12 s 75.20.040. Prior: 1949 c 112 s 45; Rem. Supp. 1949 s 5780-319. Formerly RCW 77.55.040, 75.20.040.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.

catchline: Fish guards required on diversion devices—Penalties, remedies for failure.


title: RCW 77.57.020

text:
It is the policy of this state that a flow of water sufficient to support game fish and food fish populations be maintained at all times in the streams of this state.
The director of ecology shall give the director notice of each application for a permit to divert or store water. The director has thirty days after receiving the notice to state his or her objections to the application. The permit shall not be issued until the thirty-day period has elapsed.
The director of ecology may refuse to issue a permit if, in the opinion of the director of ecology, issuing the permit might result in lowering the flow of water in a stream below the flow necessary to adequately support food fish and game fish populations in the stream.
The provisions of this section shall in no way affect existing water rights.
[ 2005 c 146 s 902; 1993 sp.s. c 2 s 29; 1988 c 36 s 32; 1986 c 173 s 7; 1983 1st ex.s. c 46 s 71; 1955 c 12 s 75.20.050. Prior: 1949 c 112 s 46; Rem. Supp. 1949 s 5780-320. Formerly RCW 77.55.050, 75.20.050.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.

catchline: Review of permit applications to divert or store water—Water flow policy.


title: RCW 77.57.030

text:
(1) Subject to subsection (3) of this section, a dam or other obstruction across or in a stream shall be provided with a durable and efficient fishway approved by the director. Plans and specifications shall be provided to the department prior to the director's approval. The fishway shall be maintained in an effective condition and continuously supplied with sufficient water to freely pass fish.
(2)(a) If a person fails to construct and maintain a fishway or to remove the dam or obstruction in a manner satisfactory to the director, then within thirty days after written notice to comply has been served upon the owner, his or her agent, or the person in charge, the director may construct a fishway or remove the dam or obstruction. Expenses incurred by the department constitute the value of a lien upon the dam and upon the personal property of the person owning the dam. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the dam or obstruction is situated. The lien may be foreclosed in an action brought in the name of the state.
(b) If, within thirty days after notice to construct a fishway or remove a dam or obstruction, the owner, his or her agent, or the person in charge fails to do so, the dam or obstruction is a public nuisance and the director may take possession of the dam or obstruction and destroy it. No liability shall attach for the destruction.
(3) For the purposes of this section, "other obstruction" does not include tide gates, flood gates, and associated man-made agricultural drainage facilities that were originally installed as part of an agricultural drainage system on or before May 20, 2003, or the repair, replacement, or improvement of such tide gates or flood gates.
[ 2005 c 146 s 903; 2003 c 391 s 1; 1998 c 190 s 86; 1983 1st ex.s. c 46 s 72; 1955 c 12 s 75.20.060. Prior: 1949 c 112 s 47; Rem. Supp. 1949 s 5780-321. Formerly RCW 77.55.060, 75.20.060.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Severability—2003 c 391: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2003 c 391 s 8.]
Effective date—2003 c 391: "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 20, 2003]." [ 2003 c 391 s 9.]

catchline: Fishways required in dams, obstructions—Penalties, remedies for failure.


title: RCW 77.57.040

text:
If the director determines that a fishway or fish guard described in *RCW 77.55.040 and 77.55.060 and in existence on September 1, 1963, is inadequate, in addition to other authority granted in this chapter, the director may remove, relocate, reconstruct, or modify the device, without cost to the owner. The director shall not materially modify the amount of flow of water through the device. After the department has completed the improvements, the fishways and fish guards shall be operated and maintained at the expense of the owner in accordance with *RCW 77.55.040 and 77.55.060.
[ 2000 c 107 s 14; 1983 1st ex.s. c 46 s 73; 1963 c 153 s 1. Formerly RCW 77.55.070, 75.20.061.]
Notes:
*Reviser's note: RCW 77.55.040 and 77.55.060 were recodified as RCW 77.57.010 and 77.57.030, respectively, pursuant to 2005 c 146 s 1002.
Director of fish and wildlife may modify, etc., inadequate fishways and protective devices: RCW 77.57.060.

catchline: Director may modify inadequate fishways and fish guards.


title: RCW 77.57.050

text:
Before a person commences construction on a dam or other hydraulic project for which the director determines that a fishway is impractical, the person shall at the option of the director:
(1) Convey to the state a fish cultural facility on a site satisfactory to the director and constructed according to plans and specifications approved by the director, and enter into an agreement with the director secured by sufficient bond, to furnish water and electricity, without expense, and funds necessary to operate and maintain the facilities; or
(2) Enter into an agreement with the director secured by sufficient bond to make payments to the state as the director determines are necessary to expand, maintain, and operate additional facilities at existing hatcheries within a reasonable distance of the dam or other hydraulic work to compensate for the damages caused by the dam or other hydraulic work.
(3) A decision of the director under this section is subject to review in the superior court of the state for Thurston county. Each day that a person carries on construction work or operates a dam or hydraulic project without complying with this section is a separate offense.
[ 1983 1st ex.s. c 46 s 74; 1955 c 12 s 75.20.090. Prior: 1949 c 112 s 48; Rem. Supp. 1949 s 5780-322. Formerly RCW 77.55.080, 75.20.090.]

catchline: If fishway is impractical, fish hatchery or cultural facility may be provided in lieu.


title: RCW 77.57.060

text:
The director may authorize removal, relocation, reconstruction, or other modification of an inadequate fishway or fish protective device required by *RCW 77.55.320 which device was in existence on September 1, 1963, without cost to the owner for materials and labor. The modification may not materially alter the amount of water flowing through the fishway or fish protective device. Following modification, the fishway or fish protective device shall be maintained at the expense of the person or governmental agency owning the obstruction or water diversion device.
[ 2001 c 253 s 21; 1980 c 78 s 90; 1963 c 152 s 1. Formerly RCW 77.55.310, 77.12.425, 77.16.221.]
Notes:
*Reviser's note: RCW 77.55.320 was recodified as RCW 77.57.070 pursuant to 2005 c 146 s 1002.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
Director of fish and wildlife may modify inadequate fishways and fish guards: RCW 77.57.040.

catchline: Director may modify inadequate fishways and protective devices.


title: RCW 77.57.070

text:
(1) A person shall not divert water from a lake, river, or stream containing game fish unless the water diversion device is equipped at or near its intake with a fish guard or screen to prevent the passage of game fish into the device and, if necessary, with a means of returning game fish from immediately in front of the fish guard or screen to the waters of origin. A person who was, on June 11, 1947, otherwise lawfully diverting water from a lake, river, or stream shall not be deemed guilty of a violation of this section.
(2) Plans for the fish guard, screen, and bypass shall be approved by the director prior to construction. The installation shall be approved by the director prior to the diversion of water.
(3) The director or the director's designee may close a water diversion device operated in violation of this section and keep it closed until it is properly equipped with a fish guard, screen, or bypass.
[ 2005 c 146 s 904; 2001 c 253 s 48; 1998 c 190 s 122; 1980 c 78 s 89; 1955 c 36 s 77.16.220. Prior: 1947 c 275 s 61; Rem. Supp. 1947 s 5992-70. Formerly RCW 77.55.320, 77.16.220.]
Notes:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.

catchline: Diversion of water—Screen, bypass required.


title: RCW 77.57.080

text:
The legislature recognizes the need to mitigate the effects of sedimentary build-up and resultant damage to fish population in the Toutle river resulting from the Mt. St. Helens eruption. The state has entered into a contractual agreement with the United States army corps of engineers designed to minimize fish habitat disruption created by the sediment retention structure on the Toutle river, under which the corps has agreed to construct a fish collection facility at the sediment retention structure site conditional upon the state assuming the maintenance and operation costs of the facility. The department shall operate and maintain a fish collection facility on the Toutle river.
[ 1993 sp.s. c 2 s 39; 1988 c 36 s 39; 1987 c 506 s 101. Formerly RCW 77.55.240, 75.20.310.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.

catchline: Operation and maintenance of fish collection facility on Toutle river.


title: RCW 77.60.010

text:
The following areas are the state oyster reserves and are more completely described in maps and plats on file in the office of the commissioner of public lands and in the office of the auditor of the county in which the reserve is located:
1. Puget Sound Oyster Reserves:
(a) Totten Inlet reserves (sometimes known as Oyster Bay reserves), located in Totten Inlet, Thurston county;
(b) Eld Inlet reserves (sometimes known as Mud Bay reserves), located in Mud Bay, Thurston county;
(c) Oakland Bay reserves, located in Oakland Bay, Mason county;
(d) North Bay reserves (sometimes known as Case Inlet reserves), located in Case Inlet, Mason county.
2. Willapa Harbor Oyster Reserves:
(a) Nemah reserve, south and west sides of reserve located along Nemah River channel, Pacific county;
(b) Long Island reserve, located at south end and along west side of Long Island, Willapa Harbor, Pacific county;
(c) Long Island Slough reserve, located at south end and along east side of Long Island, Willapa Harbor, Pacific county;
(d) Bay Center reserve, located in the Palix River channel, extending from Palix River bridge to beyond Bay Center to north of Goose Point, Willapa Harbor, Pacific county;
(e) Willapa River reserve, located in the Willapa River channel extending west and up-river from a point approximately one-quarter mile from the blinker light marking the division of Willapa River channel and the North River channel, Willapa Harbor, Pacific county.
[ 1983 1st ex.s. c 46 s 78; 1955 c 12 s 75.24.010. Prior: 1949 c 112 s 54; Rem. Supp. 1949 s 5780-01. Formerly RCW 75.24.010.]

catchline: State oyster reserves established.


title: RCW 77.60.020

text:
Only upon recommendation of the commission may the state oyster reserves be sold, leased, or otherwise disposed of by the department of natural resources.
[ 1995 1st sp.s. c 2 s 28 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 s 79; 1955 c 12 s 75.24.030. Prior: 1949 c 112 s 55; Rem. Supp. 1949 s 5780-402. Formerly RCW 75.24.030.]
Notes:
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.

catchline: Sale or lease of state oyster reserves.


title: RCW 77.60.030

text:
It is the policy of the state to improve state oyster reserves so that they are productive and yield a revenue sufficient for their maintenance. In fixing the price of oysters and other shellfish sold from the reserves, the director shall take into consideration this policy. It is also the policy of the state to maintain the oyster reserves to furnish shellfish to growers and processors and to stock public beaches.
Shellfish may be harvested from state oyster reserves for personal use as prescribed by rule of the director.
The director shall periodically inventory the state oyster reserves and assign the reserve lands into management categories:
(1) Native Olympia oyster broodstock reserves;
(2) Commercial shellfish harvesting zones;
(3) Commercial shellfish propagation zones designated for long-term leasing to private aquaculturists;
(4) Public recreational shellfish harvesting zones;
(5) Unproductive land.
The director shall manage each category of oyster reserve land to maximize the sustained yield production of shellfish consistent with the purpose for establishment of each management category.
The commission shall develop an oyster reserve management plan, to include recommendations for leasing reserve lands, in coordination with the shellfish industry, by January 1, 1986.
The director shall protect, reseed, improve the habitat of, and replant state oyster reserves. The director shall also issue cultch permits and oyster reserve fishery licenses.
[ 2000 c 107 s 22; 1998 c 245 s 152; 1985 c 256 s 1; 1983 1st ex.s. c 46 s 81; 1969 ex.s. c 91 s 1; 1955 c 12 s 75.24.060. Prior: 1949 c 112 s 56; Rem. Supp. 1949 s 5780-403. Formerly RCW 75.24.060.]

catchline: State oyster reserves management policy—Personal use harvesting—Inventory—Management categories—Cultch permits.


title: RCW 77.60.040

text:
The legislature finds that current environmental and economic conditions warrant a renewal of the state's historical practice of actively cultivating and managing its oyster reserves in Puget Sound to produce the state's native oyster, the Olympia oyster. The director shall reestablish dike cultivated production of Olympia oysters on such reserves on a trial basis as a tool for planning more comprehensive cultivation by the state.
[ 2000 c 107 s 23; 1993 sp.s. c 2 s 40; 1985 c 256 s 2. Formerly RCW 75.24.065.]
Notes:
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.

catchline: Olympia oysters—Cultivation on reserves in Puget Sound.


title: RCW 77.60.050

text:
The director shall determine the time, place, and method of sale of oysters and other shellfish from state oyster reserves. Any person who commercially takes shellfish from state oyster reserves must possess an oyster reserve fishery license issued by the director pursuant to RCW 77.65.260. Any person engaged in the commercial cultching of oysters on state oyster reserves must possess an oyster cultch permit issued by the director pursuant to RCW 77.65.270.
To maintain local communities and industries and to restrain the formation of monopolies in the industry, the director shall determine the number of bushels which shall be sold to a person. When the shellfish are sold at public auction, the director may reject any and all bids.
[ 2000 c 107 s 24; 1983 1st ex.s. c 46 s 82; 1955 c 12 s 75.24.070. Prior: 1949 c 112 s 57; Rem. Supp. 1949 s 5780-404. Formerly RCW 75.24.070.]
Notes:
Oyster reserve fishery license: RCW 77.65.260.

catchline: Sale of shellfish from state oyster reserves.


title: RCW 77.60.060

text:
The director may designate as "restricted shellfish areas" those areas in which infection or infestation of shellfish is present. A permit issued by the director is required to transplant or transport into or out of a restricted area shellfish or equipment used in culturing, taking, handling, or processing shellfish.
[ 1998 c 190 s 90; 1983 1st ex.s. c 46 s 83; 1955 c 12 s 75.24.080. Prior: 1949 c 112 s 59; Rem. Supp. 1949 s 5780-406. Formerly RCW 75.24.080.]


title: RCW 77.60.070

text:
(1) The director may not authorize a person to take geoduck clams for commercial purposes outside the harvest area designated in a current department of natural resources geoduck harvesting agreement issued under RCW 79.135.210. The director may not authorize commercial harvest of geoduck clams from bottoms that are shallower than eighteen feet below mean lower low water (0.0. ft.). Vessels conducting harvest operations must remain seaward of a line two hundred yards seaward from and parallel to the line of ordinary high tide. This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020.
(2) Commercial geoduck harvesting shall be done with a handheld, manually operated water jet or suction device guided and controlled from under water by a diver. Periodically, the director shall determine the effect of each type or unit of gear upon the geoduck population or the substrate they inhabit. The director may require modification of the gear or stop its use if it is being operated in a wasteful or destructive manner or if its operation may cause permanent damage to the bottom or adjacent shellfish populations.
[ 2006 c 144 s 1; 2000 c 107 s 25; 1998 c 190 s 91; 1995 1st sp.s. c 2 s 29 (Referendum Bill No. 45, approved November 7, 1995); 1993 c 340 s 51; 1984 c 80 s 2. Prior: 1983 1st ex.s. c 46 s 85; 1983 c 3 s 193; 1979 ex.s. c 141 s 1; 1969 ex.s. c 253 s 1. Formerly RCW 75.24.100.]
Notes:
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.
Finding, intent—Captions not law—Effective date—Severability—1993 c 340: See notes following RCW 77.65.010.
Liberal construction—1969 ex.s. c 253: "The provisions of this act shall be liberally construed." [ 1969 ex.s. c 253 s 5.]
Severability—1969 ex.s. c 253: "If any provisions of this 1969 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1969 ex.s. c 253 s 6.]
Designation of aquatic lands for geoduck harvesting: RCW 79.135.220.
Diver license for harvesting geoducks: RCW 77.65.410.

catchline: Geoduck clams, commercial harvesting—Unauthorized acts—Gear requirements.


title: RCW 77.60.080

text:
The department may not authorize a person to import oysters or oyster seed into this state for the purpose of planting them in state waters without a permit from the director. The director shall issue a permit only after an adequate inspection has been made and the oysters or oyster seed are found to be free of disease, pests, and other substances which might endanger oysters in state waters.
[ 1998 c 190 s 92; 1983 1st ex.s. c 46 s 87; 1955 c 12 s 75.08.054. Prior: 1951 c 271 s 42. Formerly RCW 75.24.110, 75.08.054.]

catchline: Imported oyster seed—Permit and inspection required.


title: RCW 77.60.090

text:
The director may require imported oyster seed to be inspected for diseases and pests. The director may specify the place of inspection. Persons importing oyster seed shall pay for the inspection costs excluding the inspector's salary. The cost shall be determined by the director and prorated among the importers according to the number of cases of oyster seeds each imports. The director shall specify the time and manner of payment.
[ 1983 1st ex.s. c 46 s 88; 1967 ex.s. c 38 s 1; 1955 c 12 s 75.08.056. Prior: 1951 c 271 s 43. Formerly RCW 75.24.120, 75.08.056.]

catchline: Imported oyster seed—Inspection—Costs.


title: RCW 77.60.100

text:
The commission may examine the clam, mussel, and oyster beds located on aquatic lands belonging to the state and request the commissioner of public lands to withdraw these lands from sale and lease for the purpose of establishing reserves or public beaches. The director shall conserve, protect, and develop these reserves and the oyster, shrimp, clam, and mussel beds on state lands.
[ 2000 c 107 s 26; 1995 1st sp.s. c 2 s 30 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 s 89; 1955 c 12 s 75.08.060. Prior: 1949 c 112 s 7(5); Rem. Supp. 1949 s 5780-206(5). Formerly RCW 75.24.130, 75.08.060.]
Notes:
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.

catchline: Establishment of reserves on state shellfish lands.


title: RCW 77.60.150

text:
(1) The department shall initiate a pilot project to evaluate the feasibility and potential of intensively culturing shellfish on currently nonproductive oyster reserve land in Puget Sound. The pilot program shall include no fewer than three long-term lease agreements with commercial shellfish growers. Except as provided in subsection (3) of this section, revenues from the lease of such lands shall be deposited in the oyster reserve land account created in RCW 77.60.160.
(2) The department shall form one advisory committee each for the Willapa Bay oyster reserve lands and the Puget Sound oyster reserve lands. The advisory committees shall make recommendations on management practices to conserve, protect, and develop oyster reserve lands. The advisory committees may make recommendations regarding the management practices on oyster reserve lands, in particular to ensure that they are managed in a manner that will: (a) Increase revenue through production of high-value shellfish; (b) not be detrimental to the market for shellfish grown on nonreserve lands; and (c) avoid negative impacts to existing shellfish populations. The advisory committees may also make recommendation on the distribution of funds in RCW 77.60.160(2)(a). The department shall attempt to structure each advisory committee to include equal representation between shellfish growers that participate in reserve sales and shellfish growers that do not.
(3) The department of natural resources, in consultation with the department of fish and wildlife, shall administer the leases for oyster reserves entered into under this chapter. In administering the leases, the department of natural resources shall exercise its authority under RCW 79.135.300. Vacation of state oyster reserves by the department shall not be a requirement for the department of natural resources to lease any oyster reserves under this section. The department of natural resources may recover reasonable costs directly associated with the administration of the leases for oyster reserves entered into under this chapter. All administrative fees collected by the department of natural resources pursuant to this section shall be deposited into the resource management cost account established in RCW 79.64.020. The department may not assess charges to recover the costs of consulting with the department of natural resources under this subsection.
(4) The Puget Sound pilot program shall not include the culture of geoduck.
[ 2009 c 333 s 23; 2001 c 273 s 1.]

catchline: Oyster reserve land—Pilot project—Advisory committee—Lease administration.


title: RCW 77.60.160

text:
(1) The oyster reserve land account is created in the state treasury. All receipts from revenues from the lease of land or sale of shellfish from oyster reserve lands must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only as provided in this section.
(2) Funds in the account shall be used for the purposes provided for in this subsection:
(a) Up to forty percent for:
(i) The management expenses incurred by the department that are directly attributable to the management of the oyster reserve lands; and
(ii) The expenses associated with new bivalve shellfish research and development activities at the Pt. Whitney and Nahcotta shellfish laboratories managed by the department. As used in this subsection, "new research and development activities" includes an emphasis on the control of aquatic nuisance species and burrowing shrimp. New research and development activities must be identified by the department and the appropriate oyster reserve advisory committee;
(b) Up to ten percent may be deposited into the state general fund; and
(c) Except as provided in subsection (3) of this section, all remaining funds in the account shall be used for the shellfish—on-site sewage grant program established in RCW 77.60.170.
(3)(a) No later than January 1st of each year, the department shall transfer up to fifty percent of the annual revenues generated in the preceding year from the Willapa harbor oyster reserve to the on-site sewage grant program established under RCW 77.60.170 as necessary to achieve a fund balance of one hundred thousand dollars.
(b) All remaining revenues received from the Willapa harbor oyster reserve shall be used to fund research activities as specified in subsection (2)(a) of this section.
[ 2008 c 202 s 2; 2007 c 341 s 44; 2001 c 273 s 2.]
Notes:
Effective date—2007 c 341: See RCW 90.71.907.

catchline: Oyster reserve land account.


title: RCW 77.60.170

text:
(1)(a) The department shall transfer the funds required by RCW 77.60.160 to the appropriate local governments. Pacific and Grays Harbor counties and Puget Sound shall manage their established shellfish—on-site sewage grant program. The local governments, in consultation with the department of health, shall use the provided funds as grants or loans to individuals for repairing or improving their on-site sewage systems. The grants or loans may be provided only in areas that have the potential to adversely affect water quality in commercial and recreational shellfish growing areas.
(b) A recipient of a grant or loan shall enter into an agreement with the appropriate local government to maintain the improved on-site sewage system according to specifications required by the local government.
(c) The department shall work closely with local governments and it shall be the goal of the department to attain geographic equity between Grays Harbor, Willapa Bay, and Puget Sound when making funds available under this program.
(d) For the purposes of this subsection, "geographic equity" means issuing on-site sewage grants or loans at a level that matches the funds generated from the oyster reserve lands in that area.
(2) In Puget Sound, the local governments shall give first priority to areas that are:
(a) Identified as "areas of special concern" under *WAC 246-272-01001;
(b) Included within a shellfish protection district under chapter 90.72 RCW; or
(c) Identified as a marine recovery area under chapter 70A.110 RCW.
(3) In Grays Harbor and Pacific counties, the local governments shall give first priority to preventing the deterioration of water quality in areas where commercial or recreational shellfish are grown.
(4) The department and each participating local government shall enter into a memorandum of understanding that will establish an applicant income eligibility requirement for individual grant applicants from within the jurisdiction and other mutually agreeable terms and conditions of the grant program.
(5) For the 2007-2009 biennium, from the funds received under this section, Pacific county shall transfer up to two hundred thousand dollars to the department. Upon receiving the funds from Pacific county, the department and the appropriate oyster reserve advisory committee under RCW 77.60.160 shall identify and execute specific research projects with those funds.
[ 2021 c 65 s 82; 2008 c 202 s 1; 2007 c 341 s 43; 2001 c 273 s 3. Formerly RCW 70.118.140, 90.71.100.]
Notes:
*Reviser's note: WAC 246-272-01001 was repealed effective July 1, 2007. The term "areas of special concern" is defined in WAC 246-272B-01001.
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—2007 c 341: See RCW 90.71.907.

catchline: Shellfish—On-site sewage grant program—Priority areas—Memorandum of understanding.


title: RCW 77.65.010

text:
(1) Except as otherwise provided by this title, a person must have a license issued by the director in order to engage in any of the following activities:
(a) Commercially fish for or take food fish or shellfish;
(b) Deliver from a commercial fishing vessel food fish or shellfish taken for commercial purposes in offshore waters. As used in this subsection, "deliver" means arrival at a place or port, and includes arrivals from offshore waters to waters within the state and arrivals from state or offshore waters;
(c) Operate a charter boat or commercial fishing vessel engaged in a fishery;
(d) Engage in wholesale buying, selling, dealing, processing, or brokering of raw or frozen fish or shellfish;
(e) Sell his or her commercially harvested catch of fish or shellfish to anyone other than a licensed wholesale fish buyer within or outside the state; or
(f) Act as a food fish guide or game fish guide for personal use, except that a charter boat license is required to operate a vessel from which a person may for a fee fish for food fish in state waters listed in RCW 77.65.150(4)(b).
(2) No person may engage in the activities described in subsection (1) of this section unless the licenses required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license and the person's license is not suspended.
(3) A valid Oregon license that is equivalent to a license under this title is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. The director may identify by rule what Oregon licenses are equivalent.
(4) No license is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.
[ 2017 3rd sp.s. c 8 s 16; 2015 c 97 s 3; 2009 c 333 s 7; 2005 c 20 s 1; 1998 c 190 s 93; 1997 c 58 s 883; 1993 c 340 s 2; 1991 c 362 s 1; 1985 c 457 s 18; 1983 1st ex.s. c 46 s 101; 1959 c 309 s 2; 1955 c 12 s 75.28.010. Prior: 1949 c 112 s 73; Rem. Supp. 1949 s 5780-511. Formerly RCW 75.28.010.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
Finding—Intent—1993 c 340: "The legislature finds that the laws governing commercial fishing licensing in this state are highly complex and increasingly difficult to administer and enforce. The current laws governing commercial fishing licenses have evolved slowly, one section at a time, over decades of contention and changing technology, without general consideration for how the totality fits together. The result has been confusion and litigation among commercial fishers. Much of the confusion has arisen because the license holder in most cases is a vessel, not a person. The legislature intends by this act to standardize licensing criteria, clarify licensing requirements, reduce complexity, and remove inequities in commercial fishing licensing. The legislature intends that the license fees stated in this act shall be equivalent to those in effect on January 1, 1993, as adjusted under section 19, chapter 316, Laws of 1989." [ 1993 c 340 s 1.]
Captions not law—1993 c 340: "Section headings as used in this act do not constitute any part of the law." [ 1993 c 340 s 57.]
Effective date—1993 c 340: "This act shall take effect January 1, 1994." [ 1993 c 340 s 58.]
Severability—1993 c 340: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 340 s 59.]

catchline: Required licenses—Exemption.


title: RCW 77.65.020

text:
(1) Unless otherwise provided in this title, a license issued under this chapter is not transferable from the license holder to any other person. This may not be deemed to prohibit the granting or enforcement of a security interest in any such license.
(2) The following restrictions apply to transfers of commercial fishery licenses, salmon delivery licenses, and salmon charter licenses that are transferable between license holders:
(a) The license holder shall surrender the previously issued license to the department.
(b) The department shall complete no more than one transfer of the license in any seven-day period.
(c) The fee to transfer a license from one license holder to another is:
(i) The same as the license renewal fee if the license is not limited under chapter 77.70 RCW;
(ii) Three and one-half times the renewal fee if the license is not a commercial salmon license and the license is limited under chapter 77.70 RCW;
(iii) Fifty dollars if the license is a commercial salmon license and is limited under chapter 77.70 RCW; or
(iv) Five hundred dollars if the license is a Dungeness crab-coastal fishery license.
(d) In addition to the fees under (c) of this subsection, an application fee of one hundred five dollars applies to all commercial license transfers.
(3) A commercial license that is transferable under this title survives the death of the holder. Though such licenses are not personal property, they shall be treated as analogous to personal property for purposes of inheritance, intestacy, and enforcement of security interests pursuant to Title 62A RCW. Such licenses are subject to state laws governing wills, trusts, estates, intestate succession, and community property, except that such licenses are exempt from tax liens. The surviving spouse, estate, or beneficiary of the estate may apply for a renewal of the license. There is no fee for transfer of a license from a license holder to the license holder's surviving spouse or estate, or to a beneficiary of the estate.
(4) Transfer of a license under this section is subject to the approval of the department according to any rules the department may adopt. Any transfer of a license issued under this chapter without the written consent of each person holding a security interest in the license is void.
[ 2019 c 200 s 2; 2017 3rd sp.s. c 8 s 17; 2011 c 339 s 15; 2000 c 107 s 28; 1997 c 418 s 1; 1995 c 228 s 1; 1993 sp.s. c 17 s 34. Formerly RCW 75.28.011.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Effective date—2011 c 339: See note following RCW 43.84.092.
Contingent effective date—1993 sp.s. c 17 ss 34-47: "Sections 34 through 47 of this act shall take effect only if Senate Bill No. 5124 becomes law by August 1, 1993." [ 1993 sp.s. c 17 s 48.] Senate Bill No. 5124 [1993 c 340] did become law. Sections 34 through 47 of 1993 sp.s. c 17 did become law.
Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520.