2005 Washington Revised Code RCW 77.15.310: Unlawful failure to use or maintain approved fish guard on water diversion device — Penalty.

(1) A person is guilty of unlawful failure to use or maintain an approved fish guard on a diversion device if the person owns, controls, or operates a device used for diverting or conducting water from a lake, river, or stream and:

(a) The device is not equipped with a fish guard, screen, or bypass approved by the director as required by *RCW 77.55.040 or 77.55.320; or

(b) The person knowingly fails to maintain or operate an approved fish guard, screen, or bypass so as to effectively screen or prevent fish from entering the intake.

(2) Unlawful failure to use or maintain an approved fish guard, screen, or bypass on a diversion device is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day that a diversion device is operated without an approved or maintained fish guard, screen, or bypass is a separate offense.

[2003 c 39 § 38; 2000 c 107 § 240; 1998 c 190 § 53.]

*Reviser's note: RCW 77.55.040 and 77.55.320 were recodified as RCW 77.57.010 and 77.57.070, respectively, pursuant to 2005 c 146 § 1002.