2002 Revised Code of Washington
Volume 7: Titles 76 through 91


Download as PDF VOLUME 7 Titles 76 through 91 2002 REVISED CODE OF WASHINGTON Published under the authority of chapter 1.08 RCW. Containing all laws of a general and permanent nature through the 2002 regular session, which adjourned sine die March 14, 2002. (2002 Ed.) [Preface—p i] REVISED CODE OF WASHINGTON 2002 Edition © 2002 State of Washington CERTIFICATE The 2002 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee. JOHN G. SCHULTZ, Chair, STATUTE LAW COMMITTEE [Preface—p ii] (2002 Ed.) PREFACE Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW 1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits, constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sections so that for a time new sections may be inserted without extension of the section number beyond three digits. Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030. History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise of the powers contained in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in the concluding segments of the source note of each section of the code so affected. The legislative source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the parallel citation in Remington’s Revised Code, last published in 1949. Where, before restoration, a section of this code constituted a consolidation of two or more sections of the session laws, or of sections separately numbered in Remington’s, the line of derivation is shown for each component section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc. Where, before restoration, only a part of a session law section was reflected in a particular RCW section the history note reference is followed by the word "part." "Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification. Double amendments: Some double or other multiple amendments to a section made without reference to each other are set out in the code in smaller (8-point) type. See RCW 1.12.025. Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the Rules of Court and the State Constitution. Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified are tabulated in numerical order in the table entitled "Disposition of former RCW sections." Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington’s Revised Statutes. Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law. (2) Although considerable care has been taken in the production of this code, within the limits of available time and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box 40551, Legislative Building, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication. (2002 Ed.) [Preface—p iii] TITLES OF THE REVISED CODE OF WASHINGTON 1 2 3 4 5 6 7 8 9 9A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 23B 24 25 26 27 28A 28B 28C 29 30 31 32 33 34 35 35A 36 37 38 39 40 41 42 43 44 46 General provisions Judicial Courts of record District courts—Courts of limited jurisdiction Civil procedure Evidence Enforcement of judgments Special proceedings and actions Eminent domain Crimes and punishments Washington Criminal Code Criminal procedure Probate and trust law District courts—Civil procedure Juvenile courts and juvenile offenders Aeronautics Agriculture Agriculture and marketing Animals and livestock Weeds, rodents, and pests Businesses and professions Businesses and professions Business regulations—Miscellaneous Commission merchants—Agricultural products Securities and investments Warehousing and deposits Corporations, associations, and partnerships Corporations and associations (Profit) Washington business corporation act Corporations and associations (Nonprofit) Partnerships Domestic relations Education Libraries, museums, and historical activities Common school provisions Higher education Vocational education Elections Financial institutions Banks and trust companies Miscellaneous loan agencies Mutual savings banks Savings and loan associations Government Administrative law Cities and towns Optional Municipal Code Counties Federal areas—Indians Militia and military affairs Public contracts and indebtedness Public documents, records, and publications Public employment, civil service, and pensions Public officers and agencies State government—Executive State government—Legislative Highways and motor vehicles Motor vehicles [Preface—p iv] 47 48 Public highways and transportation Insurance Labor 49 Labor regulations 50 Unemployment compensation 51 Industrial insurance Local service districts 52 Fire protection districts 53 Port districts 54 Public utility districts 55 Sanitary districts 57 Water-sewer districts Property rights and incidents 58 Boundaries and plats 59 Landlord and tenant 60 Liens 61 Mortgages, deeds of trust, and real estate contracts 62A Uniform Commercial Code 63 Personal property 64 Real property and conveyances 65 Recording, registration, and legal publication Public health, safety, and welfare 66 Alcoholic beverage control 67 Sports and recreation—Convention facilities 68 Cemeteries, morgues, and human remains 69 Food, drugs, cosmetics, and poisons 70 Public health and safety 71 Mental illness 71A Developmental disabilities 72 State institutions 73 Veterans and veterans’ affairs 74 Public assistance Public resources 76 Forests and forest products 77 Fish and wildlife 78 Mines, minerals, and petroleum 79 Public lands 79A Public recreational lands Public service 80 Public utilities 81 Transportation Taxation 82 Excise taxes 83 Estate taxation 84 Property taxes Waters 85 Diking and drainage 86 Flood control 87 Irrigation 88 Navigation and harbor improvements 89 Reclamation, soil conservation, and land settlement 90 Water rights—Environment 91 Waterways (2002 Ed.) Title 76 FORESTS AND FOREST PRODUCTS Chapters 76.01 76.04 76.06 76.09 76.10 76.12 76.13 76.14 76.15 76.16 76.20 76.36 76.42 76.44 76.48 76.52 76.56 General provisions. Forest protection. Forest insect and disease control. Forest practices. Surface mining. Reforestation. Stewardship of nonindustrial forests and woodlands. Forest rehabilitation. Community and urban forestry. Access to state timber and other valuable material. Firewood on state lands. Marks and brands. Wood debris—Removal from navigable waters. Institute of forest resources. Specialized forest products. Cooperative forest management services act. Center for international trade in forest products. Access roads to public and state forest lands: Chapter 79.38 RCW. County timber: Chapter 36.34 RCW. Easements over public lands: RCW 79.01.312 through 79.01.336, 79.36.230 through 79.36.290. Exchange of state lands to facilitate marketing of forest products or to consolidate state lands: RCW 79.08.180 through 79.08.200. Excise tax on conveyance of standing timber: Chapter 82.45 RCW. Forest management, major line at state universities: RCW 28B.10.115, 28B.20.060. Forest roads, county: RCW 36.82.140. Infractions: Chapter 7.84 RCW. Lien for labor and services on timber and lumber: Chapter 60.24 RCW. Limitation on liability of forest landowner for injuries to recreation users: RCW 4.24.210. Logging railroads: Title 81 RCW. Logging trucks, special permits for use of roads and highways: RCW 46.44.047. Logs on county highways and bridges: RCW 36.86.090. Measurement of timber and wood products, fraud, penalty: RCW 9.45.122 through 9.45.126. Motor vehicle size, weight and load: Chapter 46.44 RCW. National forests, jurisdiction: Chapter 37.08 RCW. Pest control compact: Chapter 17.34 RCW. Reservation of timber on sale of county tax-title lands: RCW 36.35.120. Safety supervisor: RCW 43.22.040. Sustained yield plan and cooperative agreements: Chapter 79.60 RCW. Taxation and/or assessment of lands lying both within fire protection district and forest protection assessment area: RCW 52.16.170. Transportation of forest products, applicability of public utility tax: RCW 82.16.020. University demonstration forest and experiment station: RCW 79.08.070. (2002 Ed.) Chapter 76.01 GENERAL PROVISIONS Sections 76.01.010 76.01.020 76.01.030 76.01.040 76.01.050 76.01.060 76.01.080 76.01.090 Sale of other than state forest lands. Sale of other than state forest lands—Procedure. Sale of other than state forest lands—Disposition of revenue. Federal funds for management and protection of forests, forest and range lands. Federal funds for management and protection of forests, forest and range lands—Disbursement of funds. Right of entry in course of duty by representatives of department of natural resources. Lacey compound—Light industrial facilities/land—Sale or exchange. Proposal for exchange or sale—Lacey compound site. 76.01.010 Sale of other than state forest lands. The department of natural resources is hereby authorized to sell any real property not designated or acquired as state forest lands, but acquired by the state, either in the name of the forest board, the forestry board, or the division of forestry, for administrative sites, lien foreclosures or other purposes whenever it shall determine that said lands are no longer or not necessary for public use. [1988 c 128 § 12; 1955 c 121 § 1.] 76.01.020 Sale of other than state forest lands— Procedure. The sale may be made after public notice to the highest bidder for such a price as shall be approved by the governor, but not less than the fair market value of the real property, plus the value of improvements thereon. Any instruments necessary to convey title shall be executed by the governor in form approved by the attorney general. [1955 c 121 § 2.] 76.01.030 Sale of other than state forest lands— Disposition of revenue. All amounts received from the sale shall be credited to the fund of the department of government responsible for the acquisition and maintenance of the property sold. [1955 c 121 § 3.] 76.01.040 Federal funds for management and protection of forests, forest and range lands. The department of natural resources is hereby authorized to receive funds from the federal government for cooperative work in management and protection of forests and forest and range lands as may be authorized by any act of Congress which is now, or may hereafter be, adopted for such purposes. [1988 c 128 § 13; 1957 c 78 § 1.] 76.01.050 Federal funds for management and protection of forests, forest and range lands— Disbursement of funds. The department of natural resources is hereby authorized to disburse such funds, together with [Title 76 RCW—page 1] 76.01.050 Title 76 RCW: Forests and Forest Products any funds which may be appropriated or contributed from any source for such purposes, on management and protection of forests and forest and range lands. [1988 c 128 § 14; 1957 c 78 § 2.] 76.01.060 Right of entry in course of duty by representatives of department of natural resources. Any authorized assistants, employees, agents, appointees or representatives of the department of natural resources may, in the course of their inspection and enforcement duties as provided for in chapters 76.04, 76.06, 76.09, 76.16, and 76.36 RCW, enter upon any lands, real estate, waters or premises except the dwelling house or appurtenant buildings in this state whether public or private and remain thereon while performing such duties. Similar entry by the department of natural resources may be made for the purpose of making examinations, locations, surveys and/or appraisals of all lands under the management and jurisdiction of the department of natural resources; or for making examinations, appraisals and, after five days’ written notice to the landowner, making surveys for the purpose of possible acquisition of property to provide public access to public lands. In no event other than an emergency such as fire fighting shall motor vehicles be used to cross a field customarily cultivated, without prior consent of the owner. None of the entries herein provided for shall constitute trespass, but nothing contained herein shall limit or diminish any liability which would otherwise exist as a result of the acts or omissions of said department or its representatives. [2000 c 11 § 1; 1983 c 3 § 194; 1971 ex.s. c 49 § 1; 1963 c 100 § 1.] 76.01.080 Lacey compound—Light industrial facilities/land—Sale or exchange. Except as provided in RCW 76.01.090, the department of natural resources may sell or exchange the light industrial facilities and land in Thurston county, known as the Lacey compound, which was acquired as an administrative site. This land and the facilities may be sold or exchanged for other lands and facilities in Thurston county, or counties adjacent to Thurston county, for use as an administrative site. The property may be exchanged for public or private property. The department is authorized to accept cash or expend cash from appropriated funds in order to balance a proposed exchange. Alternatively, the department may sell the Lacey compound at public auction or under RCW 79.01.009. The sale or exchange must be for at least market value. Transactions involving the construction of improvements must be conducted pursuant to Title 39 RCW, as applicable, and must comply with all other applicable laws and rules. Proceeds received from the sale or exchange of the Lacey compound must be deposited into the park land trust revolving fund to be used to acquire a replacement administrative site. Funds received from the exchange or sale that are not used to either replace or construct, or both, the administrative site must be deposited pursuant to RCW 76.01.030 or into the appropriate trust account as determined by the department. [2001 c 189 § 1.] 76.01.090 Proposal for exchange or sale—Lacey compound site. Before proceeding with an exchange or sale of the Lacey compound site, the department of natural [Title 76 RCW—page 2] resources shall submit a proposal for an exchange or sale to the office of financial management for review and approval. The proposal shall include: (1) A determination of the ownership by trust of the Lacey compound site; (2) A determination of the market value of the Lacey compound site; (3) A determination of prospective proportional use of the future site based on function and an assessment of the financial responsibility for the new site based on the functional analysis; and (4) A financing plan for the future site based on prospective use. The location of a future site is subject to the approval of the board of natural resources and the state capitol committee. Any additional funding requirements shall be submitted for approval by the legislature by January 1, 2002. [2001 c 189 § 2.] Chapter 76.04 FOREST PROTECTION Sections ADMINISTRATION 76.04.005 76.04.015 76.04.016 76.04.025 76.04.035 76.04.045 76.04.055 76.04.065 76.04.075 76.04.085 76.04.095 76.04.105 76.04.115 76.04.125 76.04.135 76.04.145 76.04.155 76.04.165 76.04.167 76.04.175 76.04.177 Definitions. Fire protection powers and duties of department— Enforcement—Investigation—Administration. Fire prevention and suppression capacity—Duties owed to public in general—Legislative intent. Federal funds. Wardens—Appointment—Duties. Rangers—Appointment—Ex officio rangers—Compensation. Service of notices. Arrests without warrants. Rules—Penalty. Penalty for violations. Cooperative protection. Contracts for protection and development. Articles of incorporation—Requirements. Requisites of contract. Cooperative agreements—Public agencies. Forest fire advisory board. Fire fighting—Employment—Assistance. Legislative declaration—Forest protection zones. Legislative declaration—Equitable sharing of forest fire protection costs—Coordinated forest fire protection and suppression. Fire suppression equipment—Comparison of costs. Fire suppression equipment—Requirement to utilize private equipment. PERMITS 76.04.205 76.04.215 76.04.235 76.04.246 Burning permits. Burning mill wood waste—Arresters. Dumping mill waste, forest debris—Penalty. Use of blasting fuse. 76.04.305 76.04.315 76.04.325 Closed to entry—Designation. Suspension of burning permits/privileges. Closure of forest operations or forest lands. CLOSURES/SUSPENSIONS FIRE PROTECTION REGULATION 76.04.405 76.04.415 76.04.425 Steam, internal combustion, or electrical engines and other spark-emitting equipment regulated. Penalty for violations—Work stoppage notice. Unauthorized entry into sealed fire tool box. (2002 Ed.) Forest Protection 76.04.435 76.04.445 76.04.455 76.04.465 76.04.475 76.04.486 76.04.495 Deposit of fire or live coals. Reports of fire. Lighted material, etc.—Receptacles in conveyances. Certain snags to be felled currently with logging. Reimbursement for costs of suppression action. Escaped slash burns—Obligations. Negligent starting of fires or allowance of extreme fire hazard or debris—Liability—Recovery of reasonable expenses—Lien. ASSESSMENTS, OBLIGATIONS, FUNDS 76.04.600 76.04.610 76.04.620 76.04.630 Owners to protect forests. Forest fire protection assessment. State funds—Loans—Recovery of funds from the landowner contingency forest fire suppression account. Landowner contingency forest fire suppression account— Expenditures—Assessments. HAZARD ABATEMENT 76.04.650 76.04.660 Disposal of forest debris—Permission to allow trees to fall on another’s land. Additional fire hazards—Extreme fire hazard areas— Abatement, isolation or reduction—Summary action— Recovery of costs. FIRE REGULATION 76.04.700 76.04.710 76.04.720 76.04.730 76.04.740 76.04.750 Failure to extinguish campfire. Wilful setting of fire. Removal of notices. Negligent fire—Spread. Reckless burning. Uncontrolled fire a public nuisance—Suppression—Duties— Summary action—Recovery of costs. 76.04.900 Captions—1986 c 100. Burning permits within fire protection districts: RCW 52.12.101. Christmas trees—Cutting, breaking, removing: RCW 79.40.070 and 79.40.080. Excessive steam in boilers, penalty: RCW 70.54.080. Steam boilers and pressure vessels, construction, installation, inspection, and certification: Chapter 70.79 RCW. Treble damages for removal of trees: RCW 64.12.030 and 79.01.756. ADMINISTRATION 76.04.005 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Additional fire hazard" means a condition existing on any land in the state covered wholly or in part by forest debris which is likely to further the spread of fire and thereby endanger life or property. The term "additional fire hazard" does not include green trees or snags left standing in upland or riparian areas under the provisions of RCW 76.04.465 or chapter 76.09 RCW. (2) "Closed season" means the period between April 15 and October 15, unless the department designates different dates because of prevailing fire weather conditions. (3) "Department" means the department of natural resources, or its authorized representatives, as defined in chapter 43.30 RCW. (4) "Department protected lands" means all lands subject to the forest protection assessment under RCW 76.04.610 or covered under contract or agreement pursuant to RCW 76.04.135 by the department. (5) "Emergency fire costs" means those costs incurred or approved by the department for emergency forest fire suppression, including the employment of personnel, rental (2002 Ed.) Chapter 76.04 of equipment, and purchase of supplies over and above costs regularly budgeted and provided for nonemergency fire expenses for the biennium in which the costs occur. (6) "Forest debris" includes forest slash, chips, and any other vegetative residue resulting from activities on forest land. (7) "Forest fire service" includes all wardens, rangers, and other persons employed especially for preventing or fighting forest fires. (8) "Forest land" means any unimproved lands which have enough trees, standing or down, or flammable material, to constitute in the judgment of the department, a fire menace to life or property. Sagebrush and grass areas east of the summit of the Cascade mountains may be considered forest lands when such areas are adjacent to or intermingled with areas supporting tree growth. Forest land, for protection purposes, does not include structures. (9) "Forest landowner," "owner of forest land," "landowner," or "owner" means the owner or the person in possession of any public or private forest land. (10) "Forest material" means forest slash, chips, timber, standing or down, or other vegetation. (11) "Landowner operation" means every activity, and supporting activities, of a forest landowner and the landowner’s agents, employees, or independent contractors or permittees in the management and use of forest land subject to the forest protection assessment under RCW 76.04.610 for the primary benefit of the owner. The term includes, but is not limited to, the growing and harvesting of forest products, the development of transportation systems, the utilization of minerals or other natural resources, and the clearing of land. The term does not include recreational and/ or residential activities not associated with these enumerated activities. (12) "Participating landowner" means an owner of forest land whose land is subject to the forest protection assessment under RCW 76.04.610. (13) "Slash" means organic forest debris such as tree tops, limbs, brush, and other dead flammable material remaining on forest land as a result of a landowner operation. (14) "Slash burning" means the planned and controlled burning of forest debris on forest lands by broadcast burning, underburning, pile burning, or other means, for the purposes of silviculture, hazard abatement, or reduction and prevention or elimination of a fire hazard. (15) "Suppression" means all activities involved in the containment and control of forest fires, including the patrolling thereof until such fires are extinguished or considered by the department to pose no further threat to life or property. (16) "Unimproved lands" means those lands that will support grass, brush and tree growth, or other flammable material when such lands are not cleared or cultivated and, in the opinion of the department, are a fire menace to life and property. [1992 c 52 § 24; 1986 c 100 § 1.] 76.04.015 Fire protection powers and duties of department—Enforcement—Investigation— Administration. (1) The department may, at its discretion, appoint trained personnel possessing the necessary qualifica[Title 76 RCW—page 3] 76.04.015 Title 76 RCW: Forests and Forest Products tions to carry out the duties and supporting functions of the department and may determine their respective salaries. (2) The department shall have direct charge of and supervision of all matters pertaining to the forest fire service of the state. (3) The department shall: (a) Enforce all laws within this chapter; (b) Be empowered to take charge of and direct the work of suppressing forest fires; (c) Investigate the origin and cause of all forest fires to determine whether either a criminal act or negligence by any person, firm, or corporation caused the starting, spreading, or existence of the fire. In conducting investigations, the department shall work cooperatively, to the extent possible, with utilities, property owners, and other interested parties to identify and preserve evidence. Except as provided otherwise in this subsection, the department in conducting investigations is authorized, without court order, to take possession or control of relevant evidence found in plain view and belonging to any person, firm, or corporation. To the extent possible, the department shall notify the person, firm, or corporation of its intent to take possession or control of the evidence. The person, firm, or corporation shall be afforded reasonable opportunity to view the evidence and, before the department takes possession or control of the evidence, also shall be afforded reasonable opportunity to examine, document, and photograph it. If the person, firm, or corporation objects in writing to the department’s taking possession or control of the evidence, the department must either return the evidence within seven days after the day on which the department is provided with the written objections or obtain a court order authorizing the continued possession or control. Absent a court order authorizing otherwise, the department may not take possession or control of evidence over the objection of the owner of the evidence if: (i) The evidence is used by the owner in conducting a business or in providing an electric utility service; and (ii) the department’s taking possession or control of the evidence would substantially and materially interfere with the operation of the business or provision of electric utility service. Absent a court order authorizing otherwise, the department may not take possession or control of evidence over the objection of an electric utility when the evidence is not owned by the utility but has caused damage to property owned by the utility. However, this paragraph does not apply if the department has notified the utility of its intent to take possession or control of the evidence and provided the utility with reasonable time to examine, document, and photograph the evidence. Only personnel qualified to work on electrical equipment may take possession or control of evidence owned or controlled by an electric utility; (d) Furnish notices or information to the public calling attention to forest fire dangers and the penalties for violation of this chapter; (e) Be familiar with all timbered and cut-over areas of the state; and (f) Regulate and control the official actions of its employees, the wardens, and the rangers. (4) The department may: [Title 76 RCW—page 4] (a) Authorize all needful and proper expenditures for forest protection; (b) Adopt rules for the prevention, control, and suppression of forest fires as it considers necessary including but not limited to: Fire equipment and materials; use of personnel; and fire prevention standards and operating conditions including a provision for reducing these conditions where justified by local factors such as location and weather; (c) Remove at will the commission of any ranger or suspend the authority of any warden; (d) Inquire into: (i) The extent, kind, value, and condition of all timber lands within the state; (ii) The extent to which timber lands are being destroyed by fire and the damage thereon. (5) When the department considers it to be in the best interest of the state, it may cooperate with any agency of another state, the United States or any agency thereof, the Dominion of Canada or any agency or province thereof, and any county, town, corporation, individual, or Indian tribe within the state of Washington in forest fire fighting and patrol. [1993 c 196 § 3; 1986 c 100 § 2.] 76.04.016 Fire prevention and suppression capacity—Duties owed to public in general—Legislative intent. The department when acting, in good faith, in its statutory capacity as a fire prevention and suppression agency, is carrying out duties owed to the public in general and not to any individual person or class of persons separate and apart from the public. Nothing contained in this title, including but not limited to any provision dealing with payment or collection of forest protection or fire suppression assessments, may be construed to evidence a legislative intent that the duty to prevent and suppress forest fires is owed to any individual person or class of persons separate and apart from the public in general. This section does not alter the department’s duties and responsibilities as a landowner. [1993 c 196 § 1.] 76.04.025 Federal funds. The department shall receive and disburse any and all moneys contributed, allotted, or paid by the United States under the authority of any act of Congress for use in cooperation with the state of Washington in protecting and developing forests. [1986 c 100 § 3.] 76.04.035 Wardens—Appointment—Duties. (1) The department may appoint any of its employees as wardens, at the times and localities as it considers the public welfare demands, within any area of the state where there is forest land requiring protection. (2) The duties of wardens shall be: (a) To provide forest fire prevention and protection information to the public; (b) To investigate discovered or reported fires on forest lands and take appropriate action; (c) To patrol their areas as necessary; (d) To visit all parts of their area, and frequented places and camps as far as possible, and warn campers or other users and visitors of fire hazards; (2002 Ed.) Forest Protection (e) To see that all locomotives and all steam, internal combustion, and other spark-emitting equipment are provided with spark arresters and adequate devices for preventing the escape of fire or sparks in accordance with the law; (f) To see that operations or activities on forest land have all required fire prevention and suppression equipment or devices as required by law; (g) To extinguish wildfires; (h) To set back-fires to control fires; (i) To summons, impress, and employ help in controlling wildfires; (j) To see that all laws for the protection of forests are enforced; (k) To investigate, arrest, and initiate prosecution of all offenders of this chapter or other chapters as allowed by law; and (l) To perform all other duties as prescribed by law and as the department directs. (3) All wardens and rangers shall render reports to the department on blanks or forms, or in the manner and at the times as may be ordered, giving a summary of how employed, the area visited, expenses incurred, and other information as required by the department. (4) The department may suspend the authority of any warden who may be incompetent or unwilling to discharge properly the duties of the office. (5) The department shall determine the placement of the wardens and, upon its request to the county commissioners of any county, the county commissioners shall designate and furnish the wardens with suitably equipped office quarters in the county courthouse. (6) The authority of the wardens regarding the prevention, suppression, and control of forest fires, summoning, impressing, or employing help, or making arrests for violations of this chapter may extend to any part of the state. [1986 c 100 § 4.] 76.04.045 Rangers—Appointment—Ex officio rangers—Compensation. (1) All Washington state patrol officers, fish and wildlife officers, deputy state fire marshals, and state park rangers, while in their respective jurisdictions, shall be ex officio rangers. (2) Employees of the United States forest service, when recommended by their forest supervisor, and citizens of the state advantageously located may, at the discretion of the department, be commissioned as rangers and vested with the certain powers and duties of wardens as specified in this chapter and as directed by the department. (3) Rangers shall receive no compensation for their services except when employed in cooperation with the state and under the provisions of this chapter and shall not create any indebtedness or incur any liability on behalf of the state: PROVIDED, That rangers actually engaged in extinguishing or preventing the spread of fire on forest land or elsewhere that may endanger forest land shall, when their accounts for such service have been approved by the department, be entitled to receive compensation for such services at a rate to be fixed by the department. (4) The department may cancel the commission of any ranger or authority granted to any ex officio ranger who may (2002 Ed.) 76.04.035 be incompetent or unwilling to discharge properly the duties of the office. [2001 c 253 § 9; 1986 c 100 § 5.] 76.04.055 Service of notices. Any notice required by law to be served by the department, warden, or ranger shall be sufficient if a written or printed copy thereof is delivered, mailed, telegraphed, or electronically transmitted by the department, warden, or ranger to the person to receive the notice or to his or her responsible agent. If the name or address of the person or agent is unknown and cannot be obtained by reasonable diligence, the notice may be served by posting the copy in a conspicuous place upon the premises concerned by the notice. [1986 c 100 § 6.] 76.04.065 Arrests without warrants. Department employees appointed as wardens, persons commissioned as rangers, and all police officers may arrest persons violating this chapter, without warrant, as prescribed by law. [1986 c 100 § 7.] 76.04.075 Rules—Penalty. Any person who violates any of the orders or rules adopted under this chapter for the protection of forests from fires is guilty of a misdemeanor and subject to the penalties for a misdemeanor under RCW 9A.20.021, unless another penalty is provided. [1986 c 100 § 8.] 76.04.085 Penalty for violations. Unless specified otherwise, violations of the provisions of this chapter shall be a misdemeanor and subject to the penalties for a misdemeanor under RCW 9A.20.021. [1986 c 100 § 9.] 76.04.095 Cooperative protection. When any responsible protective agency or agencies composed of timber owners other than the state agrees to undertake systematic forest protection in cooperation with the state and such cooperation appears to the department to be more advantageous to the state than the state-provided forest fire services, the department may designate suitable areas to be official cooperative districts and substitute cooperative services for the state-provided services. The department may cooperate in the compensation for expenses of preventing and controlling fire in cooperative districts to the extent it considers equitable on behalf of the state. [1986 c 100 § 10.] 76.04.105 Contracts for protection and development. The department may enter into contracts and undertakings with private corporations for the protection and development of the forest lands within the state, subject to the provisions of this chapter. [1986 c 100 § 11.] 76.04.115 Articles of incorporation—Requirements. Before any private corporation may enter into any contract under RCW 76.04.105, there shall be incorporated into the articles of incorporation or charter of such corporation a provision requiring that the corporation, out of its earnings or earned surplus, and in a manner satisfactory to the department, annually set apart funds to discharge any contract [Title 76 RCW—page 5] 76.04.115 Title 76 RCW: Forests and Forest Products entered into between such corporation and the department. [1986 c 100 § 12.] 76.04.125 Requisites of contract. Any undertaking for the protection and development of the forest lands of the state under RCW 76.04.105 shall be regulated and controlled by a contract to be entered into between the private corporation and the department. The contract shall outline the lands involved and the conditions and details of the undertaking, including an exact specification of the amount of funds to be made available by the corporation and the time and manner of disbursement. Before entering into any such contract, the department shall be satisfied that the private corporation is financially solvent and will be able to carry out the project outlined in the contract. The department shall have charge of the project for the protection and development of the forest lands described in the contract, and any expense incurred by the department under any such contract shall be payable solely by the corporation from the funds provided by it for these purposes. The state of Washington shall not in any event be responsible to any person, firm, company, or corporation for any indebtedness created by any corporation under a contract pursuant to RCW 76.04.105. [1986 c 100 § 13.] 76.04.135 Cooperative agreements—Public agencies. (1) For the purpose of promoting and facilitating cooperation between fire protection agencies and to more adequately protect life, property, and the natural resources of the state, the department may enter into a contract or agreement with a municipality, county, state, or federal agency to provide fire detection, prevention, presuppression, or suppression services on property which they are responsible to protect. (2) Contracts or agreements under subsection (1) of this section may contain provisions for the exchange of services on a cooperative basis or services in return for cash payment or other compensation. (3) No charges may be made when the department determines that under a cooperative contract or agreement the assistance received from a municipality, county, or federal agency on state protected lands equals that provided by the state on municipal, county, or federal lands. [1986 c 100 § 14.] 76.04.145 Forest fire advisory board. (1) There is hereby created a forest fire advisory board, consisting of seven members who shall represent private and public forest landowners and other interested segments of the public. The members shall be appointed by the commissioner of public lands and shall serve at the commissioner’s pleasure, without compensation. (2) The duties of the forest fire advisory board shall be strictly advisory and shall include, but not necessarily be limited to: (a) Reviewing forest fire prevention and suppression policies of the department; (b) Monitoring expenditures from and recoveries for the landowner contingency forest fire suppression account; (c) Recommending appropriate assessments and allocations for establishment and replenishment of the account based upon the proportionate expenditures necessitated by [Title 76 RCW—page 6] participating landowner operations in western and eastern Washington; (d) Recommending to the department appropriate rules or amendments to existing rules and reviewing nonemergency rules affecting the protection of forest lands from fire, including reasonable alternative means or procedures for the abatement, isolation, or reduction of forest fire hazards. (3) Except where an emergency exists, all rules concerning matters listed in subsection (2)(d) of this section shall be adopted by the department after consultation with the forest fire advisory board. [1986 c 100 § 15.] 76.04.155 Fire fighting—Employment—Assistance. (1) The department may employ a sufficient number of persons to extinguish or prevent the spreading of any fire that may be in danger of damaging or destroying any timber or other property on department protected lands. The department may provide needed tools and supplies and may provide transportation when necessary for persons so employed. (2) Every person so employed is entitled to compensation at a rate to be fixed by the department. The department shall, upon request, show the person the number of hours worked by that person and the rate established for payment. After approval of the department, that person is entitled to receive payment from the state. (3) It is unlawful to fail to render assistance when called upon by the department to aid in guarding or extinguishing any fire. [1986 c 100 § 16.] 76.04.165 Legislative declaration—Forest protection zones. (1) The legislature finds and declares that forest lands within the state are increasingly being used for residential purposes; that the risk to life and property is increasing from forest fires which may destroy developed property; that, based on the primary missions for the respective fire control agencies established in this chapter, adjustment of the geographic areas of responsibility has not kept pace with the increasing use of forest lands for residential purposes; and that the department should work with the state’s other fire control agencies to define geographic areas of responsibility that are more consistent with their respective primary missions. (2) To accomplish the purposes of subsection (1) of this section, the department shall establish a procedure to clarify its geographic areas of responsibility. The areas of department protection shall be called forest protection zones. The forest protection zones shall include all forest land which the department is obligated to protect but shall not include forest land within rural fire districts or municipal fire districts which affected local fire control agencies agree, by mutual consent with the department, is not appropriate for department protection. Forest land not included within a forest protection zone established by mutual agreement of the department and a rural fire district or a municipal fire district shall not be assessed under RCW 76.04.610 or 76.04.630. (3) After the department and any affected local fire protection agencies have agreed on the boundary of a forest protection zone, the department shall establish the boundary by rule under chapter 34.05 RCW. (2002 Ed.) Forest Protection (4) Except by agreement of the affected parties, the establishment of forest protection zones shall not alter any mutual aid agreement. [1995 c 151 § 2; 1988 c 273 § 2.] 76.04.167 Legislative declaration—Equitable sharing of forest fire protection costs—Coordinated forest fire protection and suppression. (1) The legislature hereby finds and declares that: (a) Forest wild fires are a threat to public health and safety and can cause catastrophic damage to public and private resources, including clean air, clean water, fish and wildlife habitat, timber resources, forest soils, scenic beauty, recreational opportunities, economic and employment opportunities, structures, and other improvements; (b) Forest landowners and the public have a shared interest in protecting forests and forest resources by preventing and suppressing forest wild fires; (c) A recent independent analysis of the state fire program considered it imperative to restore a more equitable split between the general fund and forest protection assessments; (d) Without a substantial increase in forest protection funds, the state’s citizens will be paying much more money for emergency fire suppression; and (e) It is therefore the intent of the legislature that the costs of fire protection be equitably shared between the forest protection assessment account and state contributions to ensure that there will be sufficient fire fighters who are equipped and trained to respond quickly to fires in order to keep fires small and manage those large fires that do occur. In recognition of increases in landowner assessments, the legislature declares its intent that increases in the state’s share for forest protection should be provided to stabilize the funding for the forest protection program, and that sufficient state funds should be committed to the forest protection program so that the recommendations contained in the 1997 tridata report can be implemented on an equitable basis. (2) The legislature hereby finds and declares that it is in the public interest to establish and maintain a complete, cooperative, and coordinated forest fire protection and suppression program for the state; that, second only to saving lives, the primary mission of the department is protecting forest resources and suppressing forest wild fires; that a primary mission of rural fire districts and municipal fire departments is protecting improved property and suppressing structural fires; and that the most effective way to protect structures is for the department to focus its efforts and resources on aggressively suppressing forest wild fires. (3) The legislature also acknowledges the natural role of fire in forest ecosystems, and finds and declares it in the public interest to use fire under controlled conditions to prevent wild fires by maintaining healthy forests and eliminating sources of fuel. [2001 c 279 § 1; 1995 c 151 § 1.] 76.04.175 Fire suppression equipment—Comparison of costs. (1) The department shall, by June 1 of each year, establish a list of fire suppression equipment, such as portable showers, kitchens, water tanks, dozers, and hauling equipment, provided by the department so that the cost by (2002 Ed.) 76.04.165 unit or category can be determined and can be compared to the expense of utilizing private vendors. (2) The department shall establish a roster of quotes by vendors who are able to provide equipment to respond to incidents involving wildfires on department-protected lands. The department shall use these quotes from private vendors to make a comparison with the costs established in subsection (1) of this section. The department shall utilize the most effective and efficient resource available for responding to wildfires. [1995 c 113 § 2.] Finding—Intent—1995 c 113: "The legislature finds that it is frequently in the best interest of the state to utilize fire suppression equipment from private vendors whenever possible in responding to incidents involving wildfires on department-protected lands. It is the intent of the legislature to encourage the department of natural resources to utilize kitchen, shower, and other fire suppression equipment from private vendors as allowed in RCW 76.04.015(4)(b), when such utilization will be most effective and efficient." [1995 c 113 § 1.] 76.04.177 Fire suppression equipment— Requirement to utilize private equipment. Before constructing or purchasing any equipment listed in RCW 76.04.175(1) for wildfire suppression, the department shall compare the per use cost of the equipment to be purchased or constructed with the per use cost of utilizing private equipment. If utilizing private equipment is more effective and efficient, the department may not construct or purchase the equipment but shall utilize the equipment from the lowest responsive bidder. [1995 c 113 § 3.] Finding—Intent—1995 c 113: See note following RCW 76.04.175. PERMITS 76.04.205 Burning permits. (1) Except in certain areas designated by the department or as permitted under rules adopted by the department, a person shall have a valid written burning permit obtained from the department to burn: (a) Any flammable material on any lands under the protection of the department; or (b) Refuse or waste forest material on forest lands protected by the department. (2) To be valid a permit must be signed by both the department and the permittee. Conditions may be imposed in the permit for the protection of life, property, or air quality and [the department] may suspend or revoke the permits when conditions warrant. A permit shall be effective only under the conditions and for the period stated therein. Signing of the permit shall indicate the permittee’s agreement to and acceptance of the conditions of the permit. (3) The department may inspect or cause to be inspected the area involved and may issue a burning permit if: (a) All requirements relating to fire fighting equipment, the work to be done, and precautions to be taken before commencing the burning have been met; (b) No unreasonable danger will result; and (c) Burning will be done in compliance with air quality standards established by chapter 70.94 RCW. (4) The department, authorized employees thereof, or any warden or ranger may refuse, revoke, or postpone the use of permits to burn when necessary for the safety of adjacent property or when necessary in their judgment to [Title 76 RCW—page 7] 76.04.205 Title 76 RCW: Forests and Forest Products prevent air pollution as provided in chapter 70.94 RCW. [1986 c 100 § 17.] 76.04.215 Burning mill wood waste—Arresters. (1) It is unlawful for anyone manufacturing lumber or shingles, or other forest products, to destroy wood waste material by burning within one-fourth of one mile of any forest material without properly confining the place of the burning and without further safeguarding the surrounding property against danger from the burning by such additional devices as the department may require. (2) It is unlawful for anyone to destroy any wood waste material by fire within any burner or destructor operated within one-fourth of one mile of any forest material, or to operate any power-producing plant using in connection therewith any smokestack, chimney, or other spark-emitting outlet, without installing and maintaining on such burner, or destructor, or on such smokestack, chimney, or other sparkemitting outlet, a safe and suitable device for arresting sparks. [1986 c 100 § 18.] 76.04.235 Dumping mill waste, forest debris— Penalty. (1) No person may dump mill waste from forest products, or forest debris of any kind, in quantities that the department declares to constitute a forest fire hazard on or threatening forest lands located in this state without first obtaining a written permit issued by the department on such terms and conditions determined by the department pursuant to rules enacted to protect forest lands from fire. The permit is in addition to any other permit required by law. (2) Any person who dumps such mill waste, or forest debris, without a permit, or in violation of a permit is guilty of a gross misdemeanor and subject to the penalties for a gross misdemeanor under RCW 9A.20.021 and may further be required to remove all materials dumped. [1986 c 100 § 19.] 76.04.246 Use of blasting fuse. It is unlawful to use fuse for blasting on any area of logging slash or area of actual logging operation without a permit during the closed season. Upon the issuance of a written permit by the department or warden or ranger, fuse may be used during the closed season under the conditions specified in the permit. [1986 c 100 § 20.] beginning and ending dates of the closures shall be posted on the public highways entering the regions. (4) The rules shall be in force from the time specified therein, but when in the opinion of the department such forest region continues to be exposed to fire danger, or ceases to be so exposed, the department may extend, suspend, or terminate the closure by proclamation. (5) This section does not authorize the department to prohibit the conduct of industrial operations, public work, or access of permanent residents to their own property within the closed area, but no one legally entering the region of extra fire hazard may use the area for recreational purposes which are prohibited to the general public under the terms of this section. [1986 c 100 § 21.] 76.04.315 Suspension of burning permits/privileges. In times and localities of unusual fire danger, the department may issue an order suspending any or all burning permits or privileges authorized by RCW 76.04.205 and may prohibit absolutely the use of fire in such locations. [1986 c 100 § 22.] 76.04.325 Closure of forest operations or forest lands. (1) When in the opinion of the department weather conditions arise which present an extreme fire hazard, whereby life and property may be endangered, the department may issue an order shutting down all logging, land clearing, or other industrial operations which may cause a fire to start. The shutdown shall be for the periods and regions designated in the order. During shutdowns, all persons are excluded from logging operating areas and areas of logging slash, except those present in the interest of fire protection. (2) When in the opinion of the department extreme fire weather exists, whereby forest lands may be endangered, the department may issue an order restricting access to and activities on forest lands. The order shall describe the regions and extent of restrictions necessary to protect forest lands. During the period in which the order is in effect, all persons may be excluded from the regions described, except those persons present in the interest of fire protection. (3) Each day’s violation of an order under this section shall constitute a separate offense. [1986 c 100 § 23.] FIRE PROTECTION REGULATION CLOSURES/SUSPENSIONS 76.04.305 Closed to entry—Designation. (1) When, in the opinion of the department, any forest land is particularly exposed to fire danger, the department may designate such land as a region of extra fire hazard subject to closure, and the department shall adopt rules for the protection thereof. (2) All such rules shall be published in such newspapers of general circulation in the counties wherein such region is situated and for such length of time as the department may determine. (3) When in the opinion of the department it becomes necessary to close the region to entry, posters carrying the wording "Region of extra fire hazard-CLOSED TO ENTRYexcept as provided by RCW 76.04.305" and indicating the [Title 76 RCW—page 8] 76.04.405 Steam, internal combustion, or electrical engines and other spark-emitting equipment regulated. It is unlawful during the closed season for any person to operate any steam, internal combustion, or electric engine, or any other spark-emitting equipment or device, on any forest land or in any place where, in the opinion of the department, fire could spread to forest land, without first complying with the requirements as may be established by the department by rule pursuant to this chapter. [1986 c 100 § 24.] 76.04.415 Penalty for violations—Work stoppage notice. (1) Every person upon receipt of written notice issued by the department that such person has or is violating any of the provisions of RCW 76.04.215, 76.04.305, 76.04.405, or 76.04.650 or any rule adopted by the depart(2002 Ed.) Forest Protection ment concerning fire prevention and fire suppression preparedness shall cease operations until compliance with the provisions of the sections or rules specified in such notice. (2) The department may specify in the notice of violation the special conditions and precautions under which the operation would be allowed to continue until the end of that working day. [1986 c 100 § 25.] 76.04.425 Unauthorized entry into sealed fire tool box. It is unlawful to enter into a sealed fire tool box without authorization. [1986 c 100 § 26.] 76.04.435 Deposit of fire or live coals. No person operating a railroad may permit to be deposited by any employee, and no one may deposit fire or live coals, upon the right of way within one-fourth of one mile of any forest material, during the closed season, unless the fire or live coals are immediately extinguished. [1986 c 100 § 27.] 76.04.445 Reports of fire. (1) Any person engaged in any activity on forest lands shall immediately report to the department, in person or by radio, telephone, or telegraph, any fires on forest lands. (2) Railroad companies and other public carriers operating on or through forest lands shall immediately report to the department, in person or by radio, telephone, or telegraph, any fires on or adjacent to their right of way or route. [1986 c 100 § 28.] 76.04.455 Lighted material, etc.—Receptacles in conveyances. (1) It is unlawful during the closed season for any person to throw away any lighted tobacco, cigars, cigarettes, matches, fireworks, charcoal, or other lighted material or to discharge any tracer or incendiary ammunition in any forest, brush, range, or grain areas. (2) It is unlawful during the closed season for any individual to smoke any flammable material when in forest or brush areas except on roads, cleared landings, gravel pits, or any similar area free of flammable material. (3) Every conveyance operated through or above forest, range, brush, or grain areas shall be equipped in each compartment with a suitable receptacle for the disposition of lighted tobacco, cigars, cigarettes, matches, or other flammable material. (4) Every person operating a public conveyance through or above forest, range, brush, or grain areas shall post a copy of this section in a conspicuous place within the smoking compartment of the conveyance; and every person operating a saw mill or a logging camp in any such areas shall post a copy of this section in a conspicuous place upon the ground or buildings of the milling or logging operation. [1986 c 100 § 29.] 76.04.465 Certain snags to be felled currently with logging. Standing dead trees constitute a substantial deterrent to effective fire control action in forest areas, but are also an important and essential habitat for many species of wildlife. To insure continued existence of these wildlife species and continued forest growth while minimizing the risk of destruction by conflagration, only certain snags must be felled currently with the logging. The department shall (2002 Ed.) 76.04.415 adopt rules relating to effective fire control action to require that only certain snags be felled, taking into consideration the need to protect the wildlife habitat. [1986 c 100 § 30.] 76.04.475 Reimbursement for costs of suppression action. Any person, firm, or corporation, public or private, obligated to take suppression action on any forest fire is entitled to reimbursement for reasonable costs incurred, subject to the following: (1) No reimbursement is allowed under this section to a person, firm, or corporation whose negligence is responsible for the starting or existence of any fire for which costs may be recoverable pursuant to law. Reimbursement for fires resulting from slash burns are subject to RCW 76.04.486. (2) If the fire is started in the course of or as a result of land clearing operations, right of way clearing, or a landowner operation, the person, firm, or corporation conducting the operation shall supply: (a) At no cost to the department, all equipment and able-bodied persons under contract, control, employment, or ownership that are requested by the department and are reasonably available until midnight of the day on which the fire started; and (b) After midnight of the day on which the fire started, at no cost to the department, all equipment and able-bodied persons under contract, control, employment, or ownership that were within a one-half mile radius of the fire at the time of discovery, until the fire is declared out by the department. In no case may the person, firm, or corporation provide less than one suitable bulldozer and five able-bodied persons, or other equipment accepted by the department as equivalent, unless the department determines less is needed for the purpose of suppressing the fire; and (c) If the person, firm, or corporation has no personnel or equipment within one-half mile of the fire, payment shall be made to the department for the minimum requirement of one suitable bulldozer and five able-bodied persons, for the duration of the fire; and (d) If, after midnight of the day on which the fire started, additional personnel and equipment are requested by the department, the person, firm, or corporation shall supply the personnel and equipment under contract, control, employment, or ownership outside the one-half mile radius, if reasonably available, but shall be reimbursed for such personnel and equipment as provided in subsection (4) of this section. (3) When a fire which occurred in the course of or as a result of land clearing operations, right of way clearing, or a landowner operation, which had previously been suppressed, rekindles, the person, firm, or corporation shall supply the same personnel and equipment, under the same conditions, as were required at the time of the original fire. (4) Claims for reimbursement shall be submitted within a reasonable time to the department which shall upon verifying the amounts therein and the necessity thereof authorize payment at such rates as established by the department for wages and equipment rental. [1986 c 100 § 31.] 76.04.486 Escaped slash burns—Obligations. (1) All personnel and equipment required by the burning permit [Title 76 RCW—page 9] 76.04.486 Title 76 RCW: Forests and Forest Products issued for a slash burn may be required by the department, at the permittee’s expense, for suppression of a fire resulting from the slash burn until the fire is declared out by the department. In no case may the permittee provide less than one suitable bulldozer and five persons capable of taking suppression action. In addition, if a slash burn becomes an uncontrolled fire the department may recover from the landowner the actual costs incurred in suppressing the fire. The amount collected from the landowner shall be limited to and calculated at the rate of one dollar per acre for the landowner’s total forest lands protected by the department, up to a maximum charge of fifty thousand dollars per escaped slash burn. (2) The landowner contingency forest fire suppression account shall be used to pay and the permittee shall not be responsible for fire suppression expenditures greater than fifty thousand dollars or the total amount calculated for forest lands owned as determined in subsection (1) of this section for each escaped slash burn. (3) All expenses incurred in suppressing a fire resulting from a slash burn in which negligence was involved shall be the obligation of the landowner. [1986 c 100 § 32.] 76.04.495 Negligent starting of fires or allowance of extreme fire hazard or debris—Liability—Recovery of reasonable expenses—Lien. (1) Any person, firm, or corporation: (a) Whose negligence is responsible for the starting or existence of a fire which spreads on forest land; or (b) who creates or allows an extreme fire hazard under RCW 76.04.660 to exist and which hazard contributes to the spread of a fire; or (c) who allows forest debris subject to RCW 76.04.650 to exist and which debris contributes to the spread of fire, shall be liable for any reasonable expenses made necessary by (a), (b), or (c) of this subsection. The state, a municipality, a forest protective association, or any fire protection agency of the United States may recover such reasonable expenses in fighting the fire, together with costs of investigation and litigation including reasonable attorneys’ fees and taxable court costs, if the expense was authorized or subsequently approved by the department. The authority granted under this subsection allowing the recovery of reasonable expenses incurred by fire protection agencies of the United States shall apply only to such expenses incurred after June 30, 1993. (2) The department or agency incurring such expense shall have a lien for the same against any property of the person, firm, or corporation liable under subsection (1) of this section by filing a claim of lien naming the person, firm, or corporation, describing the property against which the lien is claimed, specifying the amount expended on the lands on which the fire fighting took place and the period during which the expenses were incurred, and signing the claim with post office address. No claim of lien is valid unless filed, with the county auditor of the county in which the property sought to be charged is located, within a period of ninety days after the expenses of the claimant are incurred. The lien may be foreclosed in the same manner as a mechanic’s lien is foreclosed under the statutes of the state of Washington. [1993 c 196 § 2; 1986 c 100 § 33.] [Title 76 RCW—page 10] ASSESSMENTS, OBLIGATIONS, FUNDS 76.04.600 Owners to protect forests. Every owner of forest land in the state of Washington shall furnish or provide, during the season of the year when there is danger of forest fires, adequate protection against the spread of fire thereon or therefrom which shall meet with the approval of the department. [1986 c 100 § 34.] 76.04.610 Forest fire protection assessment. (1) If any owner of forest land within a forest protection zone neglects or fails to provide adequate fire protection as required by RCW 76.04.600, the department shall provide such protection and shall annually impose the following assessments on each parcel of such land: (a) A flat fee assessment of fourteen dollars and fifty cents; and (b) twenty-five cents on each acre exceeding fifty acres. Assessors may, at their option, collect the assessment on tax exempt lands. If the assessor elects not to collect the assessment, the department may bill the landowner directly. (2) An owner who has paid assessments on two or more parcels, each containing fewer than fifty acres and each within the same county, may obtain the following refund: (a) If all the parcels together contain less than fifty acres, then the refund is equal to the flat fee assessments paid, reduced by the total of (i) fourteen dollars and (ii) the total of the amounts retained by the county from such assessments under subsection (5) of this section. (b) If all the parcels together contain fifty or more acres, then the refund is equal to the flat fee assessments paid, reduced by the total of (i) fourteen dollars, (ii) twenty-five cents for each acre exceeding fifty acres, and (iii) the total of the amounts retained by the county from such assessments under subsection (5) of this section. Applications for refunds shall be submitted to the department on a form prescribed by the department and in the same year in which the assessments were paid. The department may not provide refunds to applicants who do not provide verification that all assessments and property taxes on the property have been paid. Applications may be made by mail. In addition to the procedures under this subsection, property owners with multiple parcels in a single county who qualify for a refund under this section may apply to the department on an application listing all the parcels owned in order to have the assessment computed on all parcels but billed to a single parcel. Property owners with the following number of parcels may apply to the department in the year indicated: Year 2002 2003 2004 2005 2006 and thereafter Number of Parcels 10 or more parcels 8 or more parcels 6 or more parcels 4 or more parcels 2 or more parcels The department must compute the correct assessment and allocate one parcel in the county to use to collect the assessment. The county must then bill the forest fire protection assessment on that one allocated identified parcel. (2002 Ed.) Forest Protection The landowner is responsible for notifying the department of any changes in parcel ownership. (3) Beginning January 1, 1991, under the administration and at the discretion of the department up to two hundred thousand dollars per year of this assessment shall be used in support of those rural fire districts assisting the department in fire protection services on forest lands. (4) For the purpose of this chapter, the department may divide the forest lands of the state, or any part thereof, into districts, for fire protection and assessment purposes, may classify lands according to the character of timber prevailing, and the fire hazard existing, and place unprotected lands under the administration of the proper district. Amounts paid or contracted to be paid by the department for protection of forest lands from funds at its disposal shall be a lien upon the property protected, unless reimbursed by the owner within ten days after October 1st of the year in which they were incurred. The department shall be prepared to make statement thereof, upon request, to a forest owner whose own protection has not been previously approved as to its adequacy, the department shall report the same to the assessor of the county in which the property is situated. The assessor shall extend the amounts upon the tax rolls covering the property, and upon authorization from the department shall levy the forest protection assessment against the amounts of unimproved land as shown in each ownership on the county assessor’s records. The assessor may then segregate on the records to provide that the improved land and improvements thereon carry the millage levy designed to support the rural fire protection districts as provided for in RCW 52.16.170. (5) The amounts assessed shall be collected at the time, in the same manner, by the same procedure, and with the same penalties attached that general state and county taxes on the same property are collected, except that errors in assessments may be corrected at any time by the department certifying them to the treasurer of the county in which the land involved is situated. Assessments shall be known and designated as assessments of the year in which the amounts became reimbursable. Upon the collection of assessments the county treasurer shall place fifty cents of the total assessments paid on a parcel for fire protection into the county current expense fund to defray the costs of listing, billing, and collecting these assessments. The treasurer shall then transmit the balance to the department. Collections shall be applied against expenses incurred in carrying out the provisions of this section, including necessary and reasonable administrative costs incurred by the department in the enforcement of these provisions. The department may also expend sums collected from owners of forest lands or received from any other source for necessary administrative costs in connection with the enforcement of RCW 76.04.660. (6) When land against which forest protection assessments are outstanding is acquired for delinquent taxes and sold at public auction, the state shall have a prior lien on the proceeds of sale over and above the amount necessary to satisfy the county’s delinquent tax judgment. The county treasurer, in case the proceeds of sale exceed the amount of the delinquent tax judgment, shall immediately remit to the department the amount of the outstanding forest protection assessments. (2002 Ed.) 76.04.610 (7) All nonfederal public bodies owning or administering forest land included in a forest protection zone shall pay the forest protection assessments provided in this section and the special forest fire suppression account assessments under RCW 76.04.630. The forest protection assessments and special forest fire suppression account assessments shall be payable by nonfederal public bodies from available funds within thirty days following receipt of the written notice from the department which is given after October 1st of the year in which the protection was provided. Unpaid assessments are not a lien against the nonfederal publicly owned land but shall constitute a debt by the nonfederal public body to the department and are subject to interest charges at the legal rate. (8) A public body, having failed to previously pay the forest protection assessments required of it by this section, which fails to suppress a fire on or originating from forest lands owned or administered by it, is liable for the costs of suppression incurred by the department or its agent and is not entitled to reimbursement of costs incurred by the public body in the suppression activities. (9) The department may adopt rules to implement this section, including, but not limited to, rules on levying and collecting forest protection assessments. [2001 c 279 § 2; 1993 c 36 § 1; 1989 c 362 § 1; 1988 c 273 § 3; 1986 c 100 § 35.] Effective date—1993 c 36: "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 shall take effect immediately [April 15, 1993]." [1993 c 36 § 3.] 76.04.620 State funds—Loans—Recovery of funds from the landowner contingency forest fire suppression account. Biennial general fund appropriations to the department of natural resources normally provide funds for the purpose of paying the emergency fire costs and expenses incurred and/or approved by the department in forest fire suppression or in reacting to any potential forest fire situation. When a determination is made that the fire started in the course of or as a result of a landowner operation, moneys expended from such appropriations in the suppression of the fire shall be recovered from the landowner contingency forest fire suppression account. The department shall transmit to the state treasurer for deposit in the general fund any such moneys which are later recovered. Moneys recovered during the biennium in which they are expended may be spent for purposes set forth in this section during the same biennium, without reappropriation. Loans between the general fund and the landowner contingency forest fire suppression account are authorized for emergency fire suppression. The loans shall not exceed the amount appropriated for emergency forest fire suppression costs and shall bear interest at the then current rate of interest as determined by the state treasurer. [1986 c 100 § 36.] 76.04.630 Landowner contingency forest fire suppression account—Expenditures—Assessments. There is created a landowner contingency forest fire suppression account in the state treasury. Moneys in the account may be spent only as provided in this section. Disbursements from the account shall be on authorization of the commissioner of public lands or the commissioner’s designee. The account [Title 76 RCW—page 11] 76.04.630 Title 76 RCW: Forests and Forest Products is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements. The department may expend from this account the amounts as may be available and as it considers appropriate for the payment of emergency fire costs resulting from a participating landowner fire. The department may, when moneys are available from the landowner contingency forest fire suppression account, expend moneys for summarily abating, isolating, or reducing an extreme fire hazard under RCW 76.04.660. All moneys recovered as a result of the department’s actions, from the owner or person responsible, under RCW 76.04.660 shall be deposited in the landowner contingency forest fire suppression account. When a determination is made that the fire was started by other than a landowner operation, moneys expended from this account in the suppression of such fire shall be recovered from the general fund appropriations as may be available for emergency fire suppression costs. The department shall deposit in the landowner contingency forest fire suppression account moneys paid out of the account which are later recovered, less reasonable costs of recovery. This account shall be established and renewed by an annual special forest fire suppression account assessment paid by participating landowners at a rate to be established by the department. In establishing assessments, the department shall seek to establish and thereafter reestablish a balance in the account of three million dollars. The department may establish a flat fee assessment of no more than seven dollars and fifty cents for participating landowners owning parcels of fifty acres or less. For participating landowners owning parcels larger than fifty acres, the department may charge the flat fee assessment plus a per acre assessment for every acre over fifty acres. The per acre assessment established by the department may not exceed fifteen cents per acre per year. The assessments may differ to equitably distribute the assessment based on emergency fire suppression cost experience necessitated by landowner operations. Amounts assessed for this account shall be a lien upon the forest lands with respect to which the assessment is made and may be collected as directed by the department in the same manner as forest protection assessments. Payment of emergency costs from this account shall in no way restrict the right of the department to recover costs pursuant to RCW 76.04.495 or other laws. When the department determines that a forest fire was started in the course of or as a result of a landowner operation, it shall notify the forest fire advisory board of the determination. The determination shall be final, unless, within ninety days of the notification, the forest fire advisory board or an interested party serves a request for a hearing before the department. The hearing shall constitute an adjudicative proceeding under chapter 34.05 RCW, the administrative procedure act, and an appeal shall be in accordance with RCW 34.05.510 through 34.05.598. [1993 c 36 § 2; 1991 sp.s. c 13 § 31. Prior: 1989 c 362 § 2; 1989 c 175 § 162; 1986 c 100 § 37.] Effective date—1993 c 36: See note following RCW 76.04.610. Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Effective date—1989 c 175: See note following RCW 34.05.010. [Title 76 RCW—page 12] HAZARD ABATEMENT 76.04.650 Disposal of forest debris—Permission to allow trees to fall on another’s land. Everyone clearing land or clearing right of way for railroad, public highway, private road, ditch, dike, pipe or wire line, or for any other transmission, or transportation utility right of way, shall pile and burn or dispose of by other satisfactory means, all forest debris cut thereon, as rapidly as the clearing or cutting progresses, or at such other times as the department may specify, and if during the closed season, in compliance with the law requiring burning permits. No person clearing any land or right of way, or in cutting or logging timber for any purpose, may fell, or permit to be felled, any trees so that they may fall onto land owned by another without first obtaining permission from the owner in addition to complying with the terms of this section for the disposal of refuse. All the terms of this section and other forest laws of the state shall be observed in all clearings of right of way or other land on behalf of the state itself or any county thereof, either directly or by contract, and, unless unavoidable emergency prevents, provision shall be made by all officials directing the work for withholding a sufficient portion of the payment therefor until the disposal is completed, to insure the completion of the disposal in compliance with this section. [1986 c 100 § 38.] 76.04.660 Additional fire hazards—Extreme fire hazard areas—Abatement, isolation or reduction— Summary action—Recovery of costs. (1) The owner of land which is an additional fire hazard and the person responsible for the existence of an additional fire hazard shall take reasonable measures to reduce the danger of fire spreading from the area and may abate the hazard by burning or other satisfactory means. (2) The department shall adopt rules defining areas of extreme fire hazard that the owner and person responsible shall abate. The areas shall include but are not limited to high risk areas such as where life or buildings may be endangered, areas adjacent to public highways, and areas of frequent public use. (3) The department may adopt rules, after consultation with the forest fire advisory board, defining other conditions of extreme fire hazard with a high potential for fire spreading to lands in other ownerships. The department may prescribe additional measures that shall be taken by the owner and person responsible to isolate or reduce the extreme fire hazard. (4) The owner or person responsible for the existence of the extreme fire hazard is required to abate, isolate, or reduce the hazard. The duty to abate, isolate, or reduce, and liability under this chapter, arise upon creation of the extreme fire hazard. Liability shall include but not be limited to all fire suppression expenses incurred by the department, regardless of fire cause. (5) If the owner or person responsible for the existence of the extreme fire hazard or forest debris subject to RCW 76.04.650 refuses, neglects, or unsuccessfully attempts to abate, isolate, or reduce the same, the department may summarily abate, isolate, or reduce the hazard as required by (2002 Ed.) Forest Protection this chapter and recover twice the actual cost thereof from the owner or person responsible. Landowner contingency forest fire suppression account moneys may be used by the department, when available, for this purpose. Moneys recovered by the department pursuant to this section shall be returned to the landowner contingency forest fire suppression account. (6) Such costs shall include all salaries and expenses of people and equipment incurred therein, including those of the department. All such costs shall also be a lien upon the land enforceable in the same manner with the same effect as a mechanic’s lien. (7) The summary action may be taken only after ten days’ notice in writing has been given to the owner or reputed owner of the land on which the extreme fire hazard or forest debris subject to RCW 76.04.650 exists. The notice shall include a suggested method of abatement and estimated cost thereof. The notice shall be by personal service or by registered or certified mail addressed to the owner or reputed owner at the owner’s last known place of residence. [1986 c 100 § 39.] FIRE REGULATION 76.04.700 Failure to extinguish campfire. It is unlawful for any person to start any fire upon any camping ground and upon leaving the camping ground fail to extinguish the fire. [1986 c 100 § 40.] 76.04.710 Wilful setting of fire. It is unlawful for any person to wilfully start a fire, whether on his or her land or the land of another, whereby forest lands or the property of another is endangered, under circumstances not amounting to arson in either the first or second degree or reckless burning in either the first or second degree. [1986 c 100 § 41.] 76.04.720 Removal of notices. It is unlawful for any person to wilfully and without authorization deface or remove any warning notice posted under the requirements of this chapter. [1986 c 100 § 42.] 76.04.730 Negligent fire—Spread. It is unlawful for any person to negligently allow fire originating on the person’s own property to spread to the property of another. [1986 c 100 § 43.] 76.04.740 Reckless burning. (1) It is unlawful to knowingly cause a fire or explosion and thereby place forest lands in danger of destruction or damage. (2) This section does not apply to acts amounting to reckless burning in the first degree under RCW 9A.48.040. (3) Terms used in this section shall have the meanings given to them in Title 9A RCW. (4) A violation of this section shall be punished as a gross misdemeanor under RCW 9A.20.021. [1986 c 100 § 44.] 76.04.750 Uncontrolled fire a public nuisance— Suppression—Duties—Summary action—Recovery of (2002 Ed.) 76.04.660 costs. Any fire on or threatening any forest land burning uncontrolled and without proper action being taken to prevent its spread, notwithstanding the origin of the fire, is a public nuisance by reason of its menace to life and property. Any person engaged in any activity on such lands, having knowledge of the fire, notwithstanding the origin or subsequent spread thereof on his or her own or other forest lands, and the landowner, shall make every reasonable effort to suppress the fire. If the person has not suppressed the fire and the fire is on or threatening forest land within a forest protection zone, the department shall summarily suppress the fire. If the owner, lessee, other possessor of such land, or an agent or contractor of the owner, lessee, or possessor, having knowledge of the fire, has not made a reasonable effort to suppress the fire, the cost thereof may be recovered from the owner, lessee, or other possessor of the land and the cost of the work shall also constitute a lien upon the real property or chattels under the person’s ownership. The lien may be filed by the department in the office of the county auditor and foreclosed in the same manner provided by law for the foreclosure of mechanics’ liens. The prosecuting attorney shall bring the action to recover the cost or foreclose the lien, upon the request of the department. In the absence of negligence, no costs, other than those provided in RCW 76.04.475, shall be recovered from any landowner for lands subject to the forest protection assessment with respect to the land on which the fire burns. When a fire occurs in a land clearing, right of way clearing, or landowner operation it shall be fought to the full limit of the available employees and equipment, and the fire fighting shall be continued with the necessary crews and equipment in such numbers as are, in the opinion of the department, sufficient to suppress the fire. The fire shall not be left without a fire fighting crew or fire patrol until authority has been granted in writing by the department. [1988 c 273 § 4; 1986 c 100 § 45.] 76.04.900 Captions—1986 c 100. As used in this act subchapter and section captions constitute no part of the law. [1986 c 100 § 60.] Chapter 76.06 FOREST INSECT AND DISEASE CONTROL Sections 76.06.010 76.06.020 76.06.030 76.06.040 76.06.050 76.06.060 76.06.070 76.06.080 76.06.090 76.06.110 Forest insects and tree diseases are public nuisance. Definitions. Administration. Owner must control pests and diseases. Infestation control district—Creation—Notice to owners. Department to control pests and diseases if owner fails. Lien for costs of control—Collection. Owner complying with notice is exempt. Dissolution of infestation control district. Deposit of moneys in general fund—Allotment as unanticipated receipts. 76.06.010 Forest insects and tree diseases are public nuisance. Forest insects and forest tree diseases which threaten the permanent timber production of the forest areas of the state of Washington are hereby declared to be a public nuisance. [1951 c 233 § 1.] [Title 76 RCW—page 13] 76.06.020 Title 76 RCW: Forests and Forest Products 76.06.020 Definitions. As used in this chapter: (1) "Agent" means the recognized legal representative, representatives, agent, or agents for any owner; (2) "Department" means the department of natural resources; (3) "Owner" means and includes individuals, partnerships, corporations, and associations; (4) "Timber land" means any land on which there is a sufficient number of trees, standing or down, to constitute, in the judgment of the department, a forest insect or forest disease breeding ground of a nature to constitute a menace, injurious and dangerous to permanent forest growth in the district under consideration. [2000 c 11 § 2; 1988 c 128 § 15; 1951 c 233 § 2.] 76.06.030 Administration. This chapter shall be administered by the department. [1988 c 128 § 16; 1951 c 233 § 3.] 76.06.040 Owner must control pests and diseases. Every owner of timber lands, or his agent, shall make every reasonable effort to control, destroy and eradicate such forest insect pests and forest tree diseases which threaten the existence of any stand of timber or provide for the same to be done on timber lands owned by him or under his control. In the event he fails, neglects, or is unable to accomplish such control, the action may be performed as provided for in this chapter. [1951 c 233 § 4.] 76.06.050 Infestation control district—Creation— Notice to owners. Whenever the department finds timber lands threatened by infestations of forest insects or forest tree diseases, and if it finds that such infestation is of such character as to threaten destruction of timber stands, the department shall declare and certify an infestation control district and fix and declare the boundaries thereof, so as to definitely describe such district. Said district may include timber lands threatened by the infestation as well as those timber lands already infested. Thereafter the department shall at once serve written notice to all owners of timber lands or their agents within the said district to proceed under the provisions of this chapter without delay to control, destroy and eradicate the said forest insect pests or forest tree diseases as provided herein. The said notice may be made by personal service, or by mail addressed to the last known place or address of such owner or agent. Said notice shall list and describe the method or methods of action that will be acceptable to the department if the owner or agent elects to control, destroy and eradicate said insects or diseases on his own property. Said notice when published for five consecutive days in at least one daily newspaper or in two consecutive issues of a weekly newspaper, either paper having a general circulation in said district will serve as the written notice to owners of noncommercial timber lands. [1988 c 128 § 17; 1961 c 72 § 1; 1951 c 233 § 5.] 76.06.060 Department to control pests and diseases if owner fails. If the owner or agent so notified shall fail, refuse, neglect or is unable to comply with the requirements of said notice, within a period of thirty days after the date [Title 76 RCW—page 14] thereof, it shall be the duty of the department or its agents, using such funds as have been, or hereafter may be, made available to proceed with the control, eradication and destruction of such forest pests or forest tree diseases with or without the cooperation of the owner involved in a manner approved by the department. [1988 c 128 § 18; 1951 c 233 § 6.] 76.06.070 Lien for costs of control—Collection. Upon the completion of the work directed, authorized and performed under the provisions of this chapter, the department shall prepare a verified statement of the expenses necessarily incurred in performing the work of controlling, eradicating and destroying said forest insects or forest tree diseases. The balance of such expenses after deducting such amounts as may be contributed to the control costs by the state, by the federal government, or by any other agencies, companies, corporations or individuals, shall be a lien to be prorated per acre upon the property, or properties involved: PROVIDED, That the amount of said lien shall not exceed twenty-five percent of the total costs incurred on such owner’s lands including necessary buffer strips. Said lien shall be reported by the department to the county assessor of the county in which said lands are situated, and shall be levied and collected with the next taxes on such lands in the same manner and with the same interest, penalty and cost charges as apply to ad valorem property taxes in this state: PROVIDED FURTHER, Such report and levy shall be made only on commercial timber lands. The assessor shall extend the amounts on the assessment roll in a separate column, and the procedure provided by law for the collection of taxes and delinquent taxes shall be applicable thereto, and, upon the collection thereof, the county treasurer shall repay the same to the department to be applied to the expenses incurred in carrying out the provisions of this chapter. [1988 c 128 § 19; 1951 c 233 § 7.] 76.06.080 Owner complying with notice is exempt. Every owner, and all owners or representatives, who upon receiving notice as provided in RCW 76.06.050, shall proceed and continue in good faith to control, eradicate and destroy said forest insects and forest tree diseases in accordance with standards established by the department shall be exempt from the provisions hereof as to the lands upon which he or they are so proceeding. [1988 c 128 § 20; 1951 c 233 § 11.] 76.06.090 Dissolution of infestation control district. Whenever the department shall determine that insect control work within the designated district of infestation is no longer necessary or feasible, the department may dissolve said district. [1988 c 128 § 21; 1951 c 233 § 12.] 76.06.110 Deposit of moneys in general fund— Allotment as unanticipated receipts. All moneys collected under the provisions of RCW 76.06.070, together with such moneys as may be contributed by the federal government or by any owner or agent, shall be deposited in the state general fund for the purposes of this chapter. Any additional revenue earmarked for the purposes of this chapter which was not anticipated in the budget adopted (2002 Ed.) Forest Insect and Disease Control by the legislature may be deposited in the general fund and allotted as unanticipated receipts pursuant to RCW 43.79.270 through 43.79.282 as now existing or hereafter amended. [1979 ex.s. c 67 § 12; 1951 c 233 § 9.] Effective date—1979 ex.s. c 67: "Sections 12, 13, and 19 of this 1979 act shall take effect on July 1, 1981." [1979 ex.s. c 67 § 21.] Severability—1979 ex.s. c 67: See note following RCW 19.28.351. Chapter 76.09 FOREST PRACTICES Sections 76.09.010 76.09.020 76.09.030 76.09.040 76.09.050 76.09.055 76.09.060 76.09.063 76.09.065 76.09.067 76.09.070 76.09.080 76.09.090 76.09.100 76.09.110 76.09.120 76.09.130 76.09.140 76.09.150 76.09.160 76.09.170 76.09.180 76.09.190 76.09.210 76.09.220 76.09.230 76.09.240 76.09.250 76.09.260 76.09.270 76.09.280 76.09.285 76.09.290 (2002 Ed.) Legislative finding and declaration. Definitions. Forest practices board—Created—Membership—Terms— Vacancies—Meetings—Compensation, travel expenses—Staff. Forest practices rules—Adoption—Review of proposed rules—Hearings—Riparian open space program. Rules establishing classes of forest practices—Applications for classes of forest practices—Approval or disapproval—Notifications—Procedures—Appeals—Waiver. Findings—Emergency rule making authorized. Applications for forest practices—Form—Contents— Conversion of forest land to other use—Six-year moratorium—New applications—Approval—Emergencies. Forest practices permit—Habitat incentives agreement. Forest practices application or notification—Fee. Application for forest practices—Owner of perpetual timber rights. Reforestation—Requirements—Procedures—Notification on sale or transfer. Stop work orders—Grounds—Contents—Procedure— Appeals. Notice of failure to comply—Contents—Procedures— Appeals—Hearing—Final order—Limitations on actions. Failure to comply with water quality protection— Department of ecology authorized to petition appeals board—Action on petition. Final orders or final decisions binding upon all parties. Failure of owner to take required course of action—Notice of cost—Department authorized to complete course of action—Liability of owner for costs—Lien. Failure to obey stop work order—Departmental action authorized—Liability of owner or operator for costs. Enforcement. Inspection—Right of entry. Right of entry by department of ecology. Violations—Conversion to nontimber operation—Penalties— Remission or mitigation—Appeals—Lien. Disposition of moneys received as penalties, reimbursement for damages. Additional penalty, gross misdemeanor. Forest practices appeals board—Created—Membership— Terms—Vacancies—Removal. Forest practices appeals board—Compensation—Travel expenses—Chair—Office—Quorum—Powers and duties— Jurisdiction—Review. Forest practices appeals board—Mediation—Appeal procedure—Judicial review. Class IV forest practices—Counties and cities adopt standards—Administration and enforcement of regulations— Restrictions upon local political subdivisions or regional entities—Exceptions and limitations. Policy for continuing program of orientation and training. Department to represent state’s interest—Cooperation with other public agencies—Grants and gifts. Annual determination of state’s research needs— Recommendations. Removal of log and debris jams from streams. Water quality standards affected by forest practices. Inspection of lands—Reforestation. 76.06.110 76.09.300 Mass earth movements and fluvial processes—Program to correct hazardous conditions on sites associated with roads and railroad grades—Hazard-reduction plans. 76.09.305 Advisory committee to review hazard-reduction plans authorized—Compensation, travel expenses. 76.09.310 Hazard-reduction program—Notice to landowners within areas selected for review—Proposed plans—Objections to plan, procedure—Final plans—Appeal. 76.09.315 Implementation of hazard-reduction measures—Election— Notice and application for cost-sharing funds— Inspection—Letter of compliance—Limitations on liability. 76.09.320 Implementation of hazard-reduction program—Cost sharing by department—Limitations. 76.09.330 Legislative findings—Liability from naturally falling trees required to be left standing. 76.09.340 Certain forest practices exempt from rules and policies under this chapter. 76.09.350 Long-term multispecies landscape management plans—Pilot projects, selection—Plan approval, elements—Notice of agreement recorded—Memorandums of agreements— Report, evaluation. 76.09.360 Single multiyear permit. 76.09.368 Intent—Small forest landowners—Alternate plan processes/alternate harvest restrictions—Report to the legislature. 76.09.370 Findings—Forests and fish report—Adoption of rules. 76.09.380 Report to the legislature—Emergency rules—Permanent rules. 76.09.390 Sale of land or timber rights with continuing obligations— Notice—Failure to notify. 76.09.400 Forests and fish account—Created. 76.09.900 Short title. 76.09.905 Air pollution laws not modified. 76.09.910 Shoreline management act, hydraulics act, other statutes and ordinances not modified—Exceptions. 76.09.915 Repeal and savings. 76.09.920 Application for extension of prior permits. 76.09.925 Effective dates—1974 ex.s. c 137. 76.09.935 Severability—1974 ex.s. c 137. Chapter 76.09 RCW to be used to satisfy federal water pollution act requirements: RCW 90.48.425. 76.09.010 Legislative finding and declaration. (1) The legislature hereby finds and declares that the forest land resources are among the most valuable of all resources in the state; that a viable forest products industry is of prime importance to the state’s economy; that it is in the public interest for public and private commercial forest lands to be managed consistent with sound policies of natural resource protection; that coincident with maintenance of a viable forest products industry, it is important to afford protection to forest soils, fisheries, wildlife, water quantity and quality, air quality, recreation, and scenic beauty. (2) The legislature further finds and declares it to be in the public interest of this state to create and maintain through the adoption of this chapter a comprehensive statewide system of laws and forest practices rules which will achieve the following purposes and policies: (a) Afford protection to, promote, foster and encourage timber growth, and require such minimum reforestation of commercial tree species on forest lands as will reasonably utilize the timber growing capacity of the soil following current timber harvest; (b) Afford protection to forest soils and public resources by utilizing all reasonable methods of technology in conducting forest practices; (c) Recognize both the public and private interest in the profitable growing and harvesting of timber; [Title 76 RCW—page 15] 76.09.010 Title 76 RCW: Forests and Forest Products (d) Promote efficiency by permitting maximum operating freedom consistent with the other purposes and policies stated herein; (e) Provide for regulation of forest practices so as to avoid unnecessary duplication in such rules; (f) Provide for interagency input and intergovernmental and tribal coordination and cooperation; (g) Achieve compliance with all applicable requirements of federal and state law with respect to nonpoint sources of water pollution from forest practices; (h) To consider reasonable land use planning goals and concepts contained in local comprehensive plans and zoning regulations; (i) Foster cooperation among managers of public resources, forest landowners, Indian tribes and the citizens of the state; and (j) Develop a watershed analysis system that addresses the cumulative effect of forest practices on, at a minimum, the public resources of fish, water, and public capital improvements of the state and its political subdivisions. (3) The legislature further finds and declares that it is also in the public interest of the state to encourage forest landowners to undertake corrective and remedial action to reduce the impact of mass earth movements and fluvial processes. (4) The legislature further finds and declares that it is in the public interest that the applicants for state forest practices permits should assist in paying for the cost of review and permitting necessary for the environmental protection of these resources. [1999 sp.s. c 4 § 901; 1993 c 443 § 1; 1987 c 95 § 1; 1974 ex.s. c 137 § 1.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. Effective date—1993 c 443: "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 shall take effect immediately [May 15, 1993]." [1993 c 443 § 6.] 76.09.020 Definitions. For purposes of this chapter: (1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately. (2) "Appeals board" means the forest practices appeals board created by RCW 76.09.210. (3) "Aquatic resources" includes water quality, salmon, other species of the vertebrate classes Cephalaspidomorphi and Osteichthyes identified in the forests and fish report, the Columbia torrent salamander (Rhyacotriton kezeri), the Cascade torrent salamander (Rhyacotriton cascadae), the Olympic torrent salamander (Rhyacotriton olympian), the Dunn’s salamander (Plethodon dunni), the Van Dyke’s salamander (Plethodon vandyke), the tailed frog (Ascaphus truei), and their respective habitats. (4) "Commissioner" means the commissioner of public lands. (5) "Contiguous" means land adjoining or touching by common corner or otherwise. Land having common ownership divided by a road or other right of way shall be considered contiguous. (6) "Conversion to a use other than commercial timber operation" means a bona fide conversion to an active use [Title 76 RCW—page 16] which is incompatible with timber growing and as may be defined by forest practices rules. (7) "Department" means the department of natural resources. (8) "Forest land" means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing. Forest land does not include agricultural land that is or was enrolled in the conservation reserve enhancement program by contract if such agricultural land was historically used for agricultural purposes and the landowner intends to continue to use the land for agricultural purposes in the future. (9) "Forest landowner" means any person in actual control of forest land, whether such control is based either on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner: PROVIDED, That any lessee or other person in possession of forest land without legal or equitable title to such land shall be excluded from the definition of "forest landowner" unless such lessee or other person has the right to sell or otherwise dispose of any or all of the timber located on such forest land. (10) "Forest practice" means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to: (a) Road and trail construction; (b) Harvesting, final and intermediate; (c) Precommercial thinning; (d) Reforestation; (e) Fertilization; (f) Prevention and suppression of diseases and insects; (g) Salvage of trees; and (h) Brush control. "Forest practice" shall not include preparatory work such as tree marking, surveying and road flagging, and removal or harvesting of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber, or public resources. (11) "Forest practices rules" means any rules adopted pursuant to RCW 76.09.040. (12) "Forest trees" does not include hardwood trees cultivated by agricultural methods in growing cycles shorter than fifteen years if the trees were planted on land that was not in forest use immediately before the trees were planted and before the land was prepared for planting the trees. "Forest trees" includes Christmas trees, but does not include Christmas trees that are cultivated by agricultural methods, as that term is defined in RCW 84.33.035. (13) "Forests and fish report" means the forests and fish report to the board dated April 29, 1999. (14) "Application" means the application required pursuant to RCW 76.09.050. (15) "Operator" means any person engaging in forest practices except an employee with wages as his or her sole compensation. (16) "Person" means any individual, partnership, private, public, or municipal corporation, county, the department or other state or local governmental entity, or association of individuals of whatever nature. (2002 Ed.) Forest Practices (17) "Public resources" means water, fish and wildlife, and in addition shall mean capital improvements of the state or its political subdivisions. (18) "Timber" means forest trees, standing or down, of a commercial species, including Christmas trees. However, "timber" does not include Christmas trees that are cultivated by agricultural methods, as that term is defined in RCW 84.33.035. (19) "Timber owner" means any person having all or any part of the legal interest in timber. Where such timber is subject to a contract of sale, "timber owner" shall mean the contract purchaser. (20) "Board" means the forest practices board created in RCW 76.09.030. (21) "Unconfined avulsing channel migration zone" means the area within which the active channel of an unconfined avulsing stream is prone to move and where the movement would result in a potential near-term loss of riparian forest adjacent to the stream. Sizeable islands with productive timber may exist within the zone. (22) "Unconfined avulsing stream" means generally fifth order or larger waters that experience abrupt shifts in channel location, creating a complex flood plain characterized by extensive gravel bars, disturbance species of vegetation of variable age, numerous side channels, wall-based channels, oxbow lakes, and wetland complexes. Many of these streams have dikes and levees that may temporarily or permanently restrict channel movement. [2002 c 17 § 1. Prior: 2001 c 102 § 1; 2001 c 97 § 2; 1999 sp.s. c 4 § 301; 1974 ex.s. c 137 § 2.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 76.09.030 Forest practices board—Created— Membership—Terms—Vacancies—Meetings— Compensation, travel expenses—Staff. (1) There is hereby created the forest practices board of the state of Washington as an agency of state government consisting of members as follows: (a) The commissioner of public lands or the commissioner’s designee; (b) The director of the department of community, trade, and economic development or the director’s designee; (c) The director of the department of agriculture or the director’s designee; (d) The director of the department of ecology or the director’s designee; (e) The director of the department of fish and wildlife or the director’s designee; (f) An elected member of a county legislative authority appointed by the governor: PROVIDED, That such member’s service on the board shall be conditioned on the member’s continued service as an elected county official; and (g) Six members of the general public appointed by the governor, one of whom shall be an owner of not more than five hundred acres of forest land, and one of whom shall be an independent logging contractor. (2) The director of the department of fish and wildlife’s service on the board may be terminated two years after August 18, 1999, if the legislature finds that after two years the department has not made substantial progress toward (2002 Ed.) 76.09.020 integrating the laws, rules, and programs governing forest practices, chapter 76.09 RCW, and the laws, rules, and programs governing hydraulic projects, *chapter 75.20 RCW. Such a finding shall be based solely on whether the department of fish and wildlife makes substantial progress as defined in this subsection, and will not be based on other actions taken as a member of the board. Substantial progress shall include recommendations to the legislature for closer integration of the existing rule-making authorities of the board and the department of fish and wildlife, and closer integration of the forest practices and hydraulics permitting processes, including exploring the potential for a consolidated permitting process. These recommendations shall be designed to resolve problems currently associated with the existing dual regulatory and permitting processes. (3) The members of the initial board appointed by the governor shall be appointed so that the term of one member shall expire December 31, 1975, the term of one member shall expire December 31, 1976, the term of one member shall expire December 31, 1977, the terms of two members shall expire December 31, 1978, and the terms of two members shall expire December 31, 1979. Thereafter, each member shall be appointed for a term of four years. Vacancies on the board shall be filled in the same manner as the original appointments. Each member of the board shall continue in office until his or her successor is appointed and qualified. The commissioner of public lands or the commissioner’s designee shall be the chairman of the board. (4) The board shall meet at such times and places as shall be designated by the chairman or upon the written request of the majority of the board. The principal office of the board shall be at the state capital. (5) Members of the board, except public employees and elected officials, shall be compensated in accordance with RCW 43.03.250. Each member shall be entitled to reimbursement for travel expenses incurred in the performance of their duties as provided in RCW 43.03.050 and 43.03.060. (6) The board may employ such clerical help and staff pursuant to chapter 41.06 RCW as is necessary to carry out its duties. [1999 sp.s. c 4 § 1001; 1995 c 399 § 207; 1993 c 257 § 1; 1987 c 330 § 1301; 1985 c 466 § 70; 1984 c 287 § 108; 1975-’76 2nd ex.s. c 34 § 173; 1975 1st ex.s. c 200 § 1; 1974 ex.s. c 137 § 3.] *Reviser’s note: Chapter 75.20 RCW was recodified as chapter 77.55 RCW by 2000 c 107. See Comparative Table for that chapter in the Table of Disposition of Former RCW Sections, Volume 0. Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050. Effective date—Severability—1985 c 466: See notes following RCW 43.31.125. Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 76.09.040 Forest practices rules—Adoption— Review of proposed rules—Hearings—Riparian open space program. (1) Where necessary to accomplish the purposes and policies stated in RCW 76.09.010, and to implement the provisions of this chapter, the board shall [Title 76 RCW—page 17] 76.09.040 Title 76 RCW: Forests and Forest Products adopt forest practices rules pursuant to chapter 34.05 RCW and in accordance with the procedures enumerated in this section that: (a) Establish minimum standards for forest practices; (b) Provide procedures for the voluntary development of resource management plans which may be adopted as an alternative to the minimum standards in (a) of this subsection if the plan is consistent with the purposes and policies stated in RCW 76.09.010 and the plan meets or exceeds the objectives of the minimum standards; (c) Set forth necessary administrative provisions; (d) Establish procedures for the collection and administration of forest practice fees as set forth by this chapter; and (e) Allow for the development of watershed analyses. Forest practices rules pertaining to water quality protection shall be adopted by the board after reaching agreement with the director of the department of ecology or the director’s designee on the board with respect thereto. All other forest practices rules shall be adopted by the board. Forest practices rules shall be administered and enforced by either the department or the local governmental entity as provided in this chapter. Such rules shall be adopted and administered so as to give consideration to all purposes and policies set forth in RCW 76.09.010. (2) The board shall prepare proposed forest practices rules. In addition to any forest practices rules relating to water quality protection proposed by the board, the department of ecology may submit to the board proposed forest practices rules relating to water quality protection. Prior to initiating the rule making process, the proposed rules shall be submitted for review and comments to the department of fish and wildlife and to the counties of the state. After receipt of the proposed forest practices rules, the department of fish and wildlife and the counties of the state shall have thirty days in which to review and submit comments to the board, and to the department of ecology with respect to its proposed rules relating to water quality protection. After the expiration of such thirty day period the board and the department of ecology shall jointly hold one or more hearings on the proposed rules pursuant to chapter 34.05 RCW. At such hearing(s) any county may propose specific forest practices rules relating to problems existing within such county. The board may adopt and the department of ecology may approve such proposals if they find the proposals are consistent with the purposes and policies of this chapter. (3) The board shall establish by rule a riparian open space program that includes acquisition of a fee interest in, or at the landowner’s option, a conservation easement on lands within unconfined avulsing channel migration zones. Once acquired, these lands may be held and managed by the department, transferred to another state agency, transferred to an appropriate local government agency, or transferred to a private nonprofit nature conservancy corporation, as defined in RCW 64.04.130, in fee or transfer of management obligation. The board shall adopt rules governing the acquisition by the state or donation to the state of such interest in lands including the right of refusal if the lands are subject to unacceptable liabilities. The rules shall include definitions of qualifying lands, priorities for acquisition, and provide for the opportunity to transfer such lands with limited warranties and with a description of boundaries that [Title 76 RCW—page 18] does not require full surveys where the cost of securing the surveys would be unreasonable in relation to the value of the lands conveyed. The rules shall provide for the management of the lands for ecological protection or fisheries enhancement. Because there are few, if any, comparable sales of forest land within unconfined avulsing channel migration zones, separate from the other lands or assets, these lands are likely to be extraordinarily difficult to appraise and the cost of a conventional appraisal often would be unreasonable in relation to the value of the land involved. Therefore, for the purposes of voluntary sales under this section, the legislature declares that these lands are presumed to have a value equal to: (a) The acreage in the sale multiplied by the average value of commercial forest land in the region under the land value tables used for property tax purposes under *RCW 84.33.120; plus (b) the cruised volume of any timber located within the channel migration multiplied by the appropriate quality code stumpage value for timber of the same species shown on the appropriate table used for timber harvest excise tax purposes under RCW 84.33.091. For purposes of this section, there shall be an eastside region and a westside region as defined in the forests and fish report as defined in RCW 76.09.020. (4) Subject to appropriations sufficient to cover the cost of such an acquisition program and the related costs of administering the program, the department is directed to purchase a fee interest or, at the owner’s option, a conservation easement in land that an owner tenders for purchase; provided that such lands have been taxed as forest lands and are located within an unconfined avulsing channel migration zone. Lands acquired under this section shall become riparian open space. These acquisitions shall not be deemed to trigger the compensating tax of chapters 84.33 and 84.34 RCW. (5) Instead of offering to sell interests in qualifying lands, owners may elect to donate the interests to the state. (6) Any acquired interest in qualifying lands by the state under this section shall be managed as riparian open space. [2000 c 11 § 3; 1999 sp.s. c 4 § 701; 1997 c 173 § 1; 1994 c 264 § 48; 1993 c 443 § 2; 1988 c 36 § 46; 1987 c 95 § 8; 1974 ex.s. c 137 § 4.] *Reviser’s note: RCW 84.33.120 was amended by 2001 c 305 § 1 and by 2001 c 185 § 3 and also repealed by 2001 c 249 § 16. Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. Effective date—1993 c 443: See note following RCW 76.09.010. 76.09.050 Rules establishing classes of forest practices—Applications for classes of forest practices— Approval or disapproval—Notifications—Procedures— Appeals—Waiver. (1) The board shall establish by rule which forest practices shall be included within each of the following classes: Class I: Minimal or specific forest practices that have no direct potential for damaging a public resource and that may be conducted without submitting an application or a notification except that when the regulating authority is transferred to a local governmental entity, those Class I forest practices that involve timber harvesting or road construction within "urban growth areas," designated pursuant to chapter 36.70A RCW, are processed as Class IV (2002 Ed.) Forest Practices forest practices, but are not subject to environmental review under chapter 43.21C RCW; Class II: Forest practices which have a less than ordinary potential for damaging a public resource that may be conducted without submitting an application and may begin five calendar days, or such lesser time as the department may determine, after written notification by the operator, in the manner, content, and form as prescribed by the department, is received by the department. However, the work may not begin until all forest practice fees required under RCW 76.09.065 have been received by the department. Class II shall not include forest practices: (a) On lands platted after January 1, 1960, as provided in chapter 58.17 RCW or on lands that have or are being converted to another use; (b) Which require approvals under the provisions of the hydraulics act, RCW 77.55.100; (c) Within "shorelines of the state" as defined in RCW 90.58.030; (d) Excluded from Class II by the board; or (e) Including timber harvesting or road construction within "urban growth areas," designated pursuant to chapter 36.70A RCW, which are Class IV; Class III: Forest practices other than those contained in Class I, II, or IV. A Class III application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application. However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department; Class IV: Forest practices other than those contained in Class I or II: (a) On lands platted after January 1, 1960, as provided in chapter 58.17 RCW, (b) on lands that have or are being converted to another use, (c) on lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not to be reforested because of the likelihood of future conversion to urban development, (d) involving timber harvesting or road construction on lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except where the forest landowner provides: (i) A written statement of intent signed by the forest landowner not to convert to a use other than commercial forest product operations for ten years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or (ii) a conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the application, and/or (e) which have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW. Such evaluation shall be made within ten days from the date the department receives the application: PROVIDED, That nothing herein shall be construed to prevent any local or regional governmental entity from determining that a detailed statement must be prepared for an action pursuant to a Class IV forest practice taken by that governmental entity concerning the land on which forest practices will be conducted. A Class IV application must be approved or disapproved by the department within thirty calendar days from the date the department receives the (2002 Ed.) 76.09.050 application, unless the department determines that a detailed statement must be made, in which case the application must be approved or disapproved by the department within sixty calendar days from the date the department receives the application, unless the commissioner of public lands, through the promulgation of a formal order, determines that the process cannot be completed within such period. However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department. Forest practices under Classes I, II, and III are exempt from the requirements for preparation of a detailed statement under the state environmental policy act. (2) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, no Class II, Class III, or Class IV forest practice shall be commenced or continued after January 1, 1975, unless the department has received a notification with regard to a Class II forest practice or approved an application with regard to a Class III or Class IV forest practice containing all information required by RCW 76.09.060 as now or hereafter amended. However, in the event forest practices regulations necessary for the scheduled implementation of this chapter and RCW 90.48.420 have not been adopted in time to meet such schedules, the department shall have the authority to regulate forest practices and approve applications on such terms and conditions consistent with this chapter and RCW 90.48.420 and the purposes and policies of RCW 76.09.010 until applicable forest practices regulations are in effect. (3) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, if a notification or application is delivered in person to the department by the operator or the operator’s agent, the department shall immediately provide a dated receipt thereof. In all other cases, the department shall immediately mail a dated receipt to the operator. (4) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, forest practices shall be conducted in accordance with the forest practices regulations, orders and directives as authorized by this chapter or the forest practices regulations, and the terms and conditions of any approved applications. (5) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, the department of natural resources shall notify the applicant in writing of either its approval of the application or its disapproval of the application and the specific manner in which the application fails to comply with the provisions of this section or with the forest practices regulations. Except as provided otherwise in this section, if the department fails to either approve or disapprove an application or any portion thereof within the applicable time limit, the application shall be deemed approved and the operation may be commenced: PROVIDED, That this provision shall not apply to applications which are neither approved nor disapproved pursuant to the provisions of subsection (7) of this section: PROVIDED, FURTHER, That if seasonal field conditions prevent the department from being able to properly evaluate the application, the department may issue an approval conditional upon further review within sixty days: PROVIDED, FURTHER, That the department shall [Title 76 RCW—page 19] 76.09.050 Title 76 RCW: Forests and Forest Products have until April 1, 1975, to approve or disapprove an application involving forest practices allowed to continue to April 1, 1975, under the provisions of subsection (2) of this section. Upon receipt of any notification or any satisfactorily completed application the department shall in any event no later than two business days after such receipt transmit a copy to the departments of ecology and fish and wildlife, and to the county, city, or town in whose jurisdiction the forest practice is to be commenced. Any comments by such agencies shall be directed to the department of natural resources. (6) For those forest practices regulated by the board and the department, if the county, city, or town believes that an application is inconsistent with this chapter, the forest practices regulations, or any local authority consistent with RCW 76.09.240 as now or hereafter amended, it may so notify the department and the applicant, specifying its objections. (7) For those forest practices regulated by the board and the department, the department shall not approve portions of applications to which a county, city, or town objects if: (a) The department receives written notice from the county, city, or town of such objections within fourteen business days from the time of transmittal of the application to the county, city, or town, or one day before the department acts on the application, whichever is later; and (b) The objections relate to lands either: (i) Platted after January 1, 1960, as provided in chapter 58.17 RCW; or (ii) On lands that have or are being converted to another use. The department shall either disapprove those portions of such application or appeal the county, city, or town objections to the appeals board. If the objections related to subparagraphs (b)(i) and (ii) of this subsection are based on local authority consistent with RCW 76.09.240 as now or hereafter amended, the department shall disapprove the application until such time as the county, city, or town consents to its approval or such disapproval is reversed on appeal. The applicant shall be a party to all department appeals of county, city, or town objections. Unless the county, city, or town either consents or has waived its rights under this subsection, the department shall not approve portions of an application affecting such lands until the minimum time for county, city, or town objections has expired. (8) For those forest practices regulated by the board and the department, in addition to any rights under the above paragraph, the county, city, or town may appeal any department approval of an application with respect to any lands within its jurisdiction. The appeals board may suspend the department’s approval in whole or in part pending such appeal where there exists potential for immediate and material damage to a public resource. (9) For those forest practices regulated by the board and the department, appeals under this section shall be made to the appeals board in the manner and time provided in RCW 76.09.220(8). In such appeals there shall be no presumption of correctness of either the county, city, or town or the department position. (10) For those forest practices regulated by the board and the department, the department shall, within four [Title 76 RCW—page 20] business days notify the county, city, or town of all notifications, approvals, and disapprovals of an application affecting lands within the county, city, or town, except to the extent the county, city, or town has waived its right to such notice. (11) For those forest practices regulated by the board and the department, a county, city, or town may waive in whole or in part its rights under this section, and may withdraw or modify any such waiver, at any time by written notice to the department. [2002 c 121 § 1; 1997 c 173 § 2; 1994 c 264 § 49; 1993 c 443 § 3; 1990 1st ex.s. c 17 § 61; 1988 c 36 § 47; 1987 c 95 § 9; 1975 1st ex.s. c 200 § 2; 1974 ex.s. c 137 § 5.] Effective date—1993 c 443: See note following RCW 76.09.010. Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901. 76.09.055 Findings—Emergency rule making authorized. (1) The legislature finds that the declines of fish stocks throughout much of the state require immediate action to be taken to help restore these fish runs where possible. The legislature also recognizes that federal and state agencies, tribes, county representatives, and private timberland owners have spent considerable effort and time to develop the forests and fish report. Given the agreement of the parties, the legislature believes that the immediate adoption of emergency rules is appropriate in this particular instance. These rules can implement many provisions of the forests and fish report to protect the economic well-being of the state, and to minimize the risk to the state and landowners to legal challenges. This authority is not designed to set any precedents for the forest practices board in future rule making or set any precedents for other rule-making bodies of the state. (2) The forest practices board is authorized to adopt emergency rules amending the forest practices rules with respect to the protection of aquatic resources, in accordance with RCW 34.05.350, except: (a) That the rules adopted under this section may remain in effect until permanent rules are adopted, or until June 30, 2001, whichever is sooner; (b) notice of the proposed rules must be published in the Washington State Register as provided in RCW 34.05.320; (c) at least one public hearing must be conducted with an opportunity to provide oral and written comments; and (d) a rule-making file must be maintained as required by RCW 34.05.370. In adopting the emergency rules, the board is not required to prepare a small business economic impact statement under chapter 19.85 RCW, prepare a statement indicating whether the rules constitute a significant legislative rule under RCW 34.05.328, prepare a significant legislative rule analysis under RCW 34.05.328, or follow the procedural requirements of the state environmental policy act, chapter 43.21C RCW. The forest practices board may only adopt recommendations contained in the forests and fish report as emergency rules under this section. [2000 c 11 § 4; 1999 sp.s. c 4 § 201.] Effective date—1999 sp.s. c 4 §§ 201, 202, and 203: "Sections 201, 202, and 203 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [June 7, 1999]." [1999 sp.s. c 4 § 1405.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. (2002 Ed.) Forest Practices 76.09.060 Applications for forest practices—Form— Contents—Conversion of forest land to other use—Sixyear moratorium—New applications—Approval— Emergencies. The following shall apply to those forest practices administered and enforced by the department and for which the board shall promulgate regulations as provided in this chapter: (1) The department shall prescribe the form and contents of the notification and application. The forest practices rules shall specify by whom and under what conditions the notification and application shall be signed or otherwise certified as acceptable. The application or notification shall be delivered in person to the department, sent by first class mail to the department or electronically filed in a form defined by the department. The form for electronic filing shall be readily convertible to a paper copy, which shall be available to the public pursuant to chapter 42.17 RCW. The information required may include, but is not limited to: (a) Name and address of the forest landowner, timber owner, and operator; (b) Description of the proposed forest practice or practices to be conducted; (c) Legal description and tax parcel identification numbers of the land on which the forest practices are to be conducted; (d) Planimetric and topographic maps showing location and size of all lakes and streams and other public waters in and immediately adjacent to the operating area and showing all existing and proposed roads and major tractor roads; (e) Description of the silvicultural, harvesting, or other forest practice methods to be used, including the type of equipment to be used and materials to be applied; (f) Proposed plan for reforestation and for any revegetation necessary to reduce erosion potential from roadsides and yarding roads, as required by the forest practices rules; (g) Soil, geological, and hydrological data with respect to forest practices; (h) The expected dates of commencement and completion of all forest practices specified in the application; (i) Provisions for continuing maintenance of roads and other construction or other measures necessary to afford protection to public resources; (j) An affirmation that the statements contained in the notification or application are true; and (k) All necessary application or notification fees. (2) Long range plans may be submitted to the department for review and consultation. (3) The application for a forest practice or the notification of a Class II forest practice is subject to the three-year reforestation requirement. (a) If the application states that any such land will be or is intended to be so converted: (i) The reforestation requirements of this chapter and of the forest practices rules shall not apply if the land is in fact so converted unless applicable alternatives or limitations are provided in forest practices rules issued under RCW 76.09.070 as now or hereafter amended; (ii) Completion of such forest practice operations shall be deemed conversion of the lands to another use for purposes of chapters 84.33 and 84.34 RCW unless the (2002 Ed.) 76.09.060 conversion is to a use permitted under a current use tax agreement permitted under chapter 84.34 RCW; (iii) The forest practices described in the application are subject to applicable county, city, town, and regional governmental authority permitted under RCW 76.09.240 as now or hereafter amended as well as the forest practices rules. (b) Except as provided elsewhere in this section, if the application or notification does not state that any land covered by the application or notification will be or is intended to be so converted: (i) For six years after the date of the application the county, city, town, and regional governmental entities shall deny any or all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of land subject to the application; (A) The department shall submit to the local governmental entity a copy of the statement of a forest landowner’s intention not to convert which shall represent a recognition by the landowner that the six-year moratorium shall be imposed and shall preclude the landowner’s ability to obtain development permits while the moratorium is in place. This statement shall be filed by the local governmental entity with the county recording officer, who shall record the documents as provided in chapter 65.04 RCW, except that lands designated as forest lands of long-term commercial significance under chapter 36.70A RCW shall not be recorded due to the low likelihood of conversion. Not recording the statement of a forest landowner’s conversion intention shall not be construed to mean the moratorium is not in effect. (B) The department shall collect the recording fee and reimburse the local governmental entity for the cost of recording the application. (C) When harvesting takes place without an application, the local governmental entity shall impose the six-year moratorium provided in (b)(i) of this subsection from the date the unpermitted harvesting was discovered by the department or the local governmental entity. (D) The local governmental entity shall develop a process for lifting the six-year moratorium, which shall include public notification, and procedures for appeals and public hearings. (E) The local governmental entity may develop an administrative process for lifting or waiving the six-year moratorium for the purposes of constructing a single-family residence or outbuildings, or both, on a legal lot and building site. Lifting or waiving of the six-year moratorium is subject to compliance with all local ordinances. (F) The six-year moratorium shall not be imposed on a forest practices application that contains a conversion option harvest plan approved by the local governmental entity unless the forest practice was not in compliance with the approved forest practice permit. Where not in compliance with the conversion option harvest plan, the six-year moratorium shall be imposed from the date the application was approved by the department or the local governmental entity; (ii) Failure to comply with the reforestation requirements contained in any final order or decision shall constitute a removal of designation under the provisions of RCW 84.33.140, and a change of use under the provisions of RCW 84.34.080, and, if applicable, shall subject such lands to the [Title 76 RCW—page 21] 76.09.060 Title 76 RCW: Forests and Forest Products payments and/or penalties resulting from such removals or changes; and (iii) Conversion to a use other than commercial forest product operations within six years after approval of the forest practices without the consent of the county, city, or town shall constitute a violation of each of the county, municipal city, town, and regional authorities to which the forest practice operations would have been subject if the application had so stated. (c) The application or notification shall be signed by the forest landowner and accompanied by a statement signed by the forest landowner indicating his or her intent with respect to conversion and acknowledging that he or she is familiar with the effects of this subsection. (4) Whenever an approved application authorizes a forest practice which, because of soil condition, proximity to a water course or other unusual factor, has a potential for causing material damage to a public resource, as determined by the department, the applicant shall, when requested on the approved application, notify the department two days before the commencement of actual operations. (5) Before the operator commences any forest practice in a manner or to an extent significantly different from that described in a previously approved application or notification, there shall be submitted to the department a new application or notification form in the manner set forth in this section. (6) Except as provided in RCW 76.09.350(4), the notification to or the approval given by the department to an application to conduct a forest practice shall be effective for a term of two years from the date of approval or notification and shall not be renewed unless a new application is filed and approved or a new notification has been filed. At the option of the applicant, an application or notification may be submitted to cover a single forest practice or a number of forest practices within reasonable geographic or political boundaries as specified by the department. An application or notification that covers more than one forest practice may have an effective term of more than two years. The board shall adopt rules that establish standards and procedures for approving an application or notification that has an effective term of more than two years. Such rules shall include extended time periods for application or notification approval or disapproval. On an approved application with a term of more than two years, the applicant shall inform the department before commencing operations. (7) Notwithstanding any other provision of this section, no prior application or notification shall be required for any emergency forest practice necessitated by fire, flood, windstorm, earthquake, or other emergency as defined by the board, but the operator shall submit an application or notification, whichever is applicable, to the department within forty-eight hours after commencement of such practice or as required by local regulations. [1997 c 290 § 3; 1997 c 173 § 3; 1993 c 443 § 4; 1992 c 52 § 22; 1990 1st ex.s. c 17 § 62; 1975 1st ex.s. c 200 § 3; 1974 ex.s. c 137 § 6.] Reviser’s note: This section was amended by 1997 c 173 § 3 and by 1997 c 290 § 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—1993 c 443: See note following RCW 76.09.010. [Title 76 RCW—page 22] Effective date—1992 c 52 § 22: "Section 22 of this act shall take effect August 1, 1992." [1992 c 52 § 27.] Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901. 76.09.063 Forest practices permit—Habitat incentives agreement. When a private landowner is applying for a forest practices permit under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of fish and wildlife as provided in *RCW 77.12.830, the department shall comply with the terms of that agreement when evaluating the permit application. [1997 c 425 § 5.] *Reviser’s note: RCW 77.12.830 was recodified as RCW 77.55.300 pursuant to 2000 c 107 § 129. Finding—Intent—1997 c 425: See note following RCW 77.55.300. 76.09.065 Forest practices application or notification—Fee. (1) Effective July 1, 1997, an applicant shall pay an application fee and a recording fee, if applicable, at the time an application or notification is submitted to the department or to the local governmental entity as provided in this chapter. (2) For applications and notifications submitted to the department, the application fee shall be fifty dollars for class II, III, and IV forest practices applications or notifications relating to the commercial harvest of timber. However, the fee shall be five hundred dollars for class IV forest practices applications on lands being converted to other uses or on lands which are not to be reforested because of the likelihood of future conversion to urban development or on lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except the fee shall be fifty dollars on those lands where the forest landowner provides: (a) A written statement of intent signed by the forest landowner not to convert to a use other than commercial forest product operations for ten years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or (b) A conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the forest practices application. All money collected from fees under this subsection shall be deposited in the state general fund. (3) For applications submitted to the local governmental entity, the fee shall be five hundred dollars for class IV forest practices on lands being converted to other uses or lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except as otherwise provided in this section, unless a different fee is otherwise provided by the local governmental entity. (4) Recording fees shall be as provided in chapter 36.18 RCW. (5) An application fee under subsection (2) of this section shall be refunded or credited to the applicant if either the application or notification is disapproved by the department or the application or notification is withdrawn by the applicant due to restrictions imposed by the department. [2000 c 11 § 5; 1997 c 173 § 4; 1993 c 443 § 5.] Effective date—1993 c 443: See note following RCW 76.09.010. (2002 Ed.) Forest Practices 76.09.067 Application for forest practices—Owner of perpetual timber rights. Notwithstanding any other provision of this chapter to the contrary, for the purposes of RCW 76.09.050(1), 76.09.060(3) (b)(i)(A) and (c), and 76.09.065(2)(a), where timber rights have been transferred by deed to a perpetual owner who is different from the forest landowner, the owner of perpetual timber rights may sign the forest practices application and the statement of intent not to convert for a set period of time. The forest practices application is not complete until the holder of perpetual timber rights has submitted evidence to the department that the signed forest practices application and the signed statement of intent have been served on the forest landowner. [1998 c 100 § 1.] 76.09.070 Reforestation—Requirements— Procedures—Notification on sale or transfer. After the completion of a logging operation, satisfactory reforestation as defined by the rules and regulations promulgated by the board shall be completed within three years: PROVIDED, That: (1) A longer period may be authorized if seed or seedlings are not available; (2) a period of up to five years may be allowed where a natural regeneration plan is approved by the department; and (3) the department may identify low-productivity lands on which it may allow for a period of up to ten years for natural regeneration. Upon the completion of a reforestation operation a report on such operation shall be filed with the department of natural resources. Within twelve months of receipt of such a report the department shall inspect the reforestation operation, and shall determine either that the reforestation operation has been properly completed or that further reforestation and inspection is necessary. Satisfactory reforestation is the obligation of the owner of the land as defined by forest practices regulations, except the owner of perpetual rights to cut timber owned separately from the land is responsible for satisfactory reforestation. The reforestation obligation shall become the obligation of a new owner if the land or perpetual timber rights are sold or otherwise transferred. Prior to the sale or transfer of land or perpetual timber rights subject to a reforestation obligation, the seller shall notify the buyer of the existence and nature of the obligation and the buyer shall sign a notice of reforestation obligation indicating the buyer’s knowledge thereof. The notice shall be on a form prepared by the department and shall be sent to the department by the seller at the time of sale or transfer of the land or perpetual timber rights. If the seller fails to notify the buyer about the reforestation obligation, the seller shall pay the buyer’s costs related to reforestation, including all legal costs which include reasonable attorneys’ fees, incurred by the buyer in enforcing the reforestation obligation against the seller. Failure by the seller to send the required notice to the department at the time of sale shall be prima facie evidence, in an action by the buyer against the seller for costs related to reforestation, that the seller did not notify the buyer of the reforestation obligation prior to sale. The forest practices regulations may provide alternatives to or limitations on the applicability of reforestation requirements with respect to forest lands being converted in whole or in part to another use which is compatible with timber (2002 Ed.) 76.09.067 growing. The forest practices regulations may identify classifications and/or areas of forest land that have the likelihood of future conversion to urban development within a ten year period. The reforestation requirements may be modified or eliminated on such lands: PROVIDED, That such identification and/or such conversion to urban development must be consistent with any local or regional land use plans or ordinances. [1987 c 95 § 10; 1982 c 173 § 1; 1975 1st ex.s. c 200 § 4; 1974 ex.s. c 137 § 7.] Effective date—1982 c 173: "This act shall take effect July 1, 1982." [1982 c 173 § 2.] 76.09.080 Stop work orders—Grounds—Contents— Procedure—Appeals. (1) The department shall have the authority to serve upon an operator a stop work order which shall be a final order of the department if: (a) There is any violation of the provisions of this chapter or the forest practices regulations; or (b) There is a deviation from the approved application; or (c) Immediate action is necessary to prevent continuation of or to avoid material damage to a public resource. (2) The stop work order shall set forth: (a) The specific nature, extent, and time of the violation, deviation, damage, or potential damage; (b) An order to stop all work connected with the violation, deviation, damage, or potential damage; (c) The specific course of action needed to correct such violation or deviation or to prevent damage and to correct and/or compensate for damage to public resources which has resulted from any violation, unauthorized deviation, or willful or negligent disregard for potential damage to a public resource; and/or those courses of action necessary to prevent continuing damage to public resources where the damage is resulting from the forest practice activities but has not resulted from any violation, unauthorized deviation, or negligence; and (d) The right of the operator to a hearing before the appeals board. The department shall immediately file a copy of such order with the appeals board and mail a copy thereof to the timber owner and forest land owner at the addresses shown on the application. The operator, timber owner, or forest land owner may commence an appeal to the appeals board within fifteen days after service upon the operator. If such appeal is commenced, a hearing shall be held not more than twenty days after copies of the notice of appeal were filed with the appeals board. Such proceeding shall be an adjudicative proceeding within the meaning of chapter 34.05 RCW, the Administrative Procedure Act. The operator shall comply with the order of the department immediately upon being served, but the appeals board if requested shall have authority to continue or discontinue in whole or in part the order of the department under such conditions as it may impose pending the outcome of the proceeding. [1989 c 175 § 163; 1975 1st ex.s. c 200 § 5; 1974 ex.s. c 137 § 8.] Effective date—1989 c 175: See note following RCW 34.05.010. 76.09.090 Notice of failure to comply—Contents— Procedures—Appeals—Hearing—Final order— Limitations on actions. If a violation, a deviation, material [Title 76 RCW—page 23] 76.09.090 Title 76 RCW: Forests and Forest Products damage or potential for material damage to a public resource has occurred and the department determines that a stop work order is unnecessary, then the department shall issue and serve upon the operator or land owner a notice, which shall clearly set forth: (1)(a) The specific nature, extent, and time of failure to comply with the approved application; or identifying the damage or potential damage; and/or (b) The relevant provisions of this chapter or of the forest practice regulations relating thereto; (2) The right of the operator or land owner to a hearing before the department; and (3) The specific course of action ordered by the department to be followed by the operator to correct such failure to comply and to prevent, correct and/or compensate for material damage to public resources which resulted from any violation, unauthorized deviation, or wilful or negligent disregard for potential damage to a public resource; and/or those courses of action necessary to prevent continuing damage to public resources where the damage is resulting from the forest practice activities but has not resulted from any violation, unauthorized deviation, or negligence. The department shall mail a copy thereof to the forest land owner and the timber owner at the addresses shown on the application, showing the date of service upon the operator. Such notice to comply shall become a final order of the department: PROVIDED, That no direct appeal to the appeals board will be allowed from such final order. Such operator shall undertake the course of action so ordered by the department unless, within fifteen days after the date of service of such notice to comply, the operator, forest land owner, or timber owner, shall request the department in writing to schedule a hearing. If so requested, the department shall schedule a hearing on a date not more than twenty days after receiving such request. Within ten days after such hearing, the department shall issue a final order either withdrawing its notice to comply or clearly setting forth the specific course of action to be followed by such operator. Such operator shall undertake the course of action so ordered by the department unless within thirty days after the date of such final order, the operator, forest land owner, or timber owner appeals such final order to the appeals board. No person shall be under any obligation under this section to prevent, correct, or compensate for any damage to public resources which occurs more than one year after the date of completion of the forest practices operations involved exclusive of reforestation, unless such forest practices were not conducted in accordance with forest practices rules and regulations: PROVIDED, That this provision shall not relieve the forest land owner from any obligation to comply with forest practices rules and regulations pertaining to providing continuing road maintenance. No action to recover damages shall be taken under this section more than two years after the date the damage involved occurs. [1975 1st ex.s. c 200 § 6; 1974 ex.s. c 137 § 9.] 76.09.100 Failure to comply with water quality protection—Department of ecology authorized to petition appeals board—Action on petition. If the department of ecology determines that a person has failed to comply with [Title 76 RCW—page 24] the forest practices regulations relating to water quality protection, and that the department of natural resources has not issued a stop work order or notice to comply, the department of ecology shall inform the department thereof. If the department of natural resources fails to take authorized enforcement action within twenty-four hours under RCW 76.09.080, 76.09.090, 76.09.120, or 76.09.130, the department of ecology may petition to the chairman of the appeals board, who shall, within forty-eight hours, either deny the petition or direct the department of natural resources to immediately issue a stop work order or notice to comply, or to impose a penalty. No civil or criminal penalties shall be imposed for past actions or omissions if such actions or omissions were conducted pursuant to an approval or directive of the department of natural resources. [1975 1st ex.s. c 200 § 7; 1974 ex.s. c 137 § 10.] 76.09.110 Final orders or final decisions binding upon all parties. Unless declared invalid on appeal, a final order of the department or a final decision of the appeals board shall be binding upon all parties. [1974 ex.s. c 137 § 11.] 76.09.120 Failure of owner to take required course of action—Notice of cost—Department authorized to complete course of action—Liability of owner for costs— Lien. If an operator fails to undertake and complete any course of action with respect to a forest practice, as required by a final order of the department or a final decision of the appeals board or any court pursuant to RCW 76.09.080 and 76.09.090, the department may determine the cost thereof and give written notice of such cost to the operator, the timber owner and the owner of the forest land upon or in connection with which such forest practice was being conducted. If such operator, timber owner, or forest land owner fails within thirty days after such notice is given to undertake such course of action, or having undertaken such course of action fails to complete it within a reasonable time, the department may expend any funds available to undertake and complete such course of action and such operator, timber owner, and forest land owner shall be jointly and severally liable for the actual, direct cost thereof, but in no case more than the amount set forth in the notice from the department. If not paid within sixty days after the department completes such course of action and notifies such forest land owner in writing of the amount due, such amount shall become a lien on such forest land and the department may collect such amount in the same manner provided in chapter 60.04 RCW for mechanics’ liens. [1974 ex.s. c 137 § 12.] 76.09.130 Failure to obey stop work order— Departmental action authorized—Liability of owner or operator for costs. When the operator has failed to obey a stop work order issued under the provisions of RCW 76.09.080 the department may take immediate action to prevent continuation of or avoid material damage to public resources. If a final order or decision fixes liability with the operator, timber owner, or forest land owner, they shall be jointly and severally liable for such emergency costs which (2002 Ed.) Forest Practices may be collected in the manner provided for in RCW 76.09.120. [1974 ex.s. c 137 § 13.] 76.09.140 Enforcement. (1) The department of natural resources may take any necessary action to enforce any final order or final decision, and may disapprove any forest practices application or notification submitted by any person who has failed to comply with a final order or final decision or has failed to pay any civil penalties as provided in RCW 76.09.170, for up to one year from the issuance of a notice of intent to disapprove notifications and applications under this section or until the violator pays all outstanding civil penalties and complies with all validly issued and outstanding notices to comply and stop work orders, whichever is longer. For purposes of chapter 482, Laws of 1993, the terms "final order" and "final decision" shall mean the same as set forth in RCW 76.09.080, 76.09.090, and 76.09.110. The department shall provide written notice of its intent to disapprove an application or notification under this subsection. The department shall forward copies of its notice of intent to disapprove to any affected landowner. The disapproval period shall run from thirty days following the date of actual notice or when all administrative and judicial appellate processes, if any, have been exhausted. Any person provided the notice may seek review from the appeals board by filing a request for review within thirty days of the date of the notice of intent. While the notice of intent to disapprove is in effect, the violator may not serve as a person in charge of, be employed by, manage, or otherwise participate to any degree in forest practices. (2) On request of the department, the attorney general may take action necessary to enforce this chapter, including, but not limited to: Seeking penalties, interest, costs, and attorneys’ fees; enforcing final orders or decisions; and seeking civil injunctions, show cause orders, or contempt orders. (3) A county may bring injunctive, declaratory, or other actions for enforcement for forest practice activities within its jurisdiction in the superior court as provided by law against the department, the forest landowner, timber owner or operator to enforce the forest practices rules or any final order of the department, or the appeals board. No civil or criminal penalties shall be imposed for past actions or omissions if such actions or omissions were conducted pursuant to an approval or directive of the department. Injunctions, declaratory actions, or other actions for enforcement under this subsection may not be commenced unless the department fails to take appropriate action after ten days written notice to the department by the county of a violation of the forest practices rules or final orders of the department or the appeals board. (4)(a) The department may require financial assurance prior to the conduct of any further forest practices from an operator or landowner who within the preceding three-year period has: (i) Operated without an approved forest practices application, other than an unintentional operation in connection with an approved application outside the approved boundary of such an application; (2002 Ed.) 76.09.130 (ii) Continued to operate in breach of, or failed to comply with, the terms of an effective stop work order or notice to comply; or (iii) Failed to pay any civil or criminal penalty. (b) The department may deny any application for failure to submit financial assurances as required. [2000 c 11 § 6; 1999 sp.s. c 4 § 801; 1993 c 482 § 1; 1975 1st ex.s. c 200 § 8; 1974 ex.s. c 137 § 14.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 76.09.150 Inspection—Right of entry. (1) The department shall make inspections of forest lands, before, during and after the conducting of forest practices as necessary for the purpose of ensuring compliance with this chapter and the forest practices rules and to ensure that no material damage occurs to the natural resources of this state as a result of such practices. (2) Any duly authorized representative of the department shall have the right to enter upon forest land at any reasonable time to enforce the provisions of this chapter and the forest practices rules. (3) The department or the department of ecology may apply for an administrative inspection warrant to either Thurston county superior court, or the superior court in the county in which the property is located. An administrative inspection warrant may be issued where: (a) The department has attempted an inspection of forest lands under this chapter to ensure compliance with this chapter and the forest practices rules or to ensure that no potential or actual material damage occurs to the natural resources of this state, and access to all or part of the forest lands has been actually or constructively denied; or (b) The department has reasonable cause to believe that a violation of this chapter or of rules adopted under this chapter is occurring or has occurred. (4) In connection with any watershed analysis, any review of a pending application by an identification team appointed by the department, any compliance studies, any effectiveness monitoring, or other research that has been agreed to by a landowner, the department may invite representatives of other agencies, tribes, and interest groups to accompany a department representative and, at the landowner’s election, the landowner, on any such inspections. Reasonable efforts shall be made by the department to notify the landowner of the persons being invited onto the property and the purposes for which they are being invited. [2000 c 11 § 7; 1999 sp.s. c 4 § 802; 1974 ex.s. c 137 § 15.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 76.09.160 Right of entry by department of ecology. Any duly authorized representative of the department of ecology shall have the right to enter upon forest land at any reasonable time to administer the provisions of this chapter and RCW 90.48.420. [1974 ex.s. c 137 § 16.] 76.09.170 Violations—Conversion to nontimber operation—Penalties—Remission or mitigation— Appeals—Lien. (1) Every person who violates any provision of RCW 76.09.010 through 76.09.280 or of the forest [Title 76 RCW—page 25] 76.09.170 Title 76 RCW: Forests and Forest Products practices rules, or who converts forest land to a use other than commercial timber operation within three years after completion of the forest practice without the consent of the county, city, or town, shall be subject to a penalty in an amount of not more than ten thousand dollars for every such violation. Each and every such violation shall be a separate and distinct offense. In case of a failure to comply with a stop work order, every day’s continuance shall be a separate and distinct violation. Every person who through an act of commission or omission procures, aids or abets in the violation shall be considered to have violated the provisions of this section and shall be subject to the penalty in this section. No penalty shall be imposed under this section upon any governmental official, an employee of any governmental department, agency, or entity, or a member of any board or advisory committee created by this chapter for any act or omission in his or her duties in the administration of this chapter or of any rule adopted under this chapter. (2) The department shall develop and recommend to the board a penalty schedule to determine the amount to be imposed under this section. The board shall adopt by rule, pursuant to chapter 34.05 RCW, such penalty schedule to be effective no later than January 1, 1994. The schedule shall be developed in consideration of the following: (a) Previous violation history; (b) Severity of the impact on public resources; (c) Whether the violation of this chapter or its rules was intentional; (d) Cooperation with the department; (e) Repairability of the adverse effect from the violation; and (f) The extent to which a penalty to be imposed on a forest landowner for a forest practice violation committed by another should be reduced because the owner was unaware of the violation and has not received substantial economic benefits from the violation. (3) The penalty in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department describing the violation with reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department for the remission or mitigation of such penalty. Upon receipt of the application, that department may remit or mitigate the penalty upon whatever terms that department in its discretion deems proper, provided the department deems such remission or mitigation to be in the best interests of carrying out the purposes of this chapter. The department shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such rule as it may deem proper. (4) Any person incurring a penalty under this section may appeal the penalty to the forest practices appeals board. Such appeals shall be filed within thirty days of receipt of notice imposing any penalty unless an application for remission or mitigation is made to the department. When such an application for remission or mitigation is made, such appeals shall be filed within thirty days of receipt of notice from the department setting forth the disposition of the application for remission or mitigation. (5) The penalty imposed under this section shall become due and payable thirty days after receipt of a notice impos[Title 76 RCW—page 26] ing the same unless application for remission or mitigation is made or an appeal is filed. When such an application for remission or mitigation is made, any penalty incurred under this section shall become due and payable thirty days after receipt of notice setting forth the disposition of such application unless an appeal is filed from such disposition. Whenever an appeal of the penalty incurred is filed, the penalty shall become due and payable only upon completion of all administrative and judicial review proceedings and the issuance of a final decision confirming the penalty in whole or in part. (6) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the attorney general, upon the request of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty, interest, costs, and attorneys’ fees. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise in this chapter provided. In addition to or as an alternative to seeking enforcement of penalties in superior court, the department may bring an action in district court as provided in Title 3 RCW, to collect penalties, interest, costs, and attorneys’ fees. (7) Penalties imposed under this section for violations associated with a conversion to a use other than commercial timber operation shall be a lien upon the real property of the person assessed the penalty and the department may collect such amount in the same manner provided in chapter 60.04 RCW for mechanics’ liens. (8) Any person incurring a penalty imposed under this section is also responsible for the payment of all costs and attorneys’ fees incurred in connection with the penalty and interest accruing on the unpaid penalty amount. [1999 sp.s. c 4 § 803; 1993 c 482 § 2; 1975 1st ex.s. c 200 § 9; 1974 ex.s. c 137 § 17.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. Effective date—1993 c 482 § 2(1) and (3) through (7): "The following portions of this act shall take effect on January 1, 1994: Subsections (1) and (3) through (7) of section 2 of this act." [1993 c 482 § 3.] 76.09.180 Disposition of moneys received as penalties, reimbursement for damages. All penalties received or recovered by state agency action for violations as prescribed in RCW 76.09.170 shall be deposited in the state general fund. All such penalties recovered as a result of local government action shall be deposited in the local government general fund. Any funds recovered as reimbursement for damages pursuant to RCW 76.09.080 and 76.09.090 shall be transferred to that agency with jurisdiction over the public resource damaged, including but not limited to political subdivisions, the department of fish and wildlife, the department of ecology, the department of natural resources, or any other department that may be so designated: PROVIDED, That nothing herein shall be construed to affect the provisions of RCW 90.48.142. [1994 c 264 § 50; 1988 c 36 § 48; 1974 ex.s. c 137 § 18.] (2002 Ed.) Forest Practices 76.09.190 Additional penalty, gross misdemeanor. In addition to the penalties imposed pursuant to RCW 76.09.170, any person who conducts any forest practice or knowingly aids or abets another in conducting any forest practice in violation of any provisions of RCW 76.09.010 through 76.09.280 or 90.48.420, or of the regulations implementing RCW 76.09.010 through 76.09.280 or 90.48.420, shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment for a term of not more than one year or by both fine and imprisonment for each separate violation. Each day upon which such violation occurs shall constitute a separate violation. [1974 ex.s. c 137 § 19.] 76.09.210 Forest practices appeals board— Created—Membership—Terms—Vacancies—Removal. (1) There is hereby created within the environmental hearings office under RCW 43.21B.005 the forest practices appeals board of the state of Washington. (2) The forest practices appeals board shall consist of three members qualified by experience and training in pertinent matters pertaining to the environment, and at least one member of the appeals board shall have been admitted to the practice of law in this state and shall be engaged in the legal profession at the time of his appointment. The appeals board shall be appointed by the governor with the advice and consent of the senate, and no more than two of the members at the time of appointment or during their term shall be members of the same political party. (3) Members shall be appointed for a term of six years and shall serve until their successors are appointed and have qualified. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which such vacancy occurs. The terms of the first three members of the appeals board shall be staggered so that their terms shall expire after two, four, and six years. (4) Any member may be removed for inefficiency, malfeasance or misfeasance in office, upon specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing, which shall be public, and the procedure for the hearing, and the decision of such tribunal shall be final and not subject to review by the supreme court. Removal of any member by the tribunal shall disqualify such member for reappointment. (5) Each member of the appeals board: (a) Shall not be a candidate for nor hold any other public office or trust, and shall not engage in any occupation or business interfering with or inconsistent with his duty as a member, nor shall he serve on or under any committee of any political party; and (b) Shall not for a period of one year after the termination of his membership, act in a representative capacity before the appeals board on any matter. [1979 ex.s. c 47 § 4; 1974 ex.s. c 137 § 21.] Intent—1979 ex.s. c 47: See note following RCW 43.21B.005. (2002 Ed.) 76.09.190 76.09.220 Forest practices appeals board— Compensation—Travel expenses—Chair—Office— Quorum—Powers and duties—Jurisdiction—Review. (1) The appeals board shall operate on either a part-time or a full-time basis, as determined by the governor. If it is determined that the appeals board shall operate on a full-time basis, each member shall receive an annual salary to be determined by the governor. If it is determined that the appeals board shall operate on a part-time basis, each member shall be compensated in accordance with RCW 43.03.250. The director of the environmental hearings office shall make the determination, required under RCW 43.03.250, as to what statutorily prescribed duties, in addition to attendance at a hearing or meeting of the board, shall merit compensation. This compensation shall not exceed ten thousand dollars in a fiscal year. Each member shall receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with the provisions of RCW 43.03.050 and 43.03.060. (2) The appeals board shall as soon as practicable after the initial appointment of the members thereof, meet and elect from among its members a chair, and shall at least biennially thereafter meet and elect or reelect a chair. (3) The principal office of the appeals board shall be at the state capital, but it may sit or hold hearings at any other place in the state. A majority of the appeals board shall constitute a quorum for making orders or decisions, adopting rules necessary for the conduct of its powers and duties, or transacting other official business, and may act though one position on the board be vacant. One or more members may hold hearings and take testimony to be reported for action by the board when authorized by rule or order of the board. The appeals board shall perform all the powers and duties granted to it in this chapter or as otherwise provided by law. (4) The appeals board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decision shall be effective upon being signed by two or more members and upon being filed at the appeals board’s principal office, and shall be open to public inspection at all reasonable times. (5) The appeals board shall either publish at its expense or make arrangements with a publishing firm for the publication of those of its findings and decisions which are of general public interest, in such form as to assure reasonable distribution thereof. (6) The appeals board shall maintain at its principal office a journal which shall contain all official actions of the appeals board, with the exception of findings and decisions, together with the vote of each member on such actions. The journal shall be available for public inspection at the principal office of the appeals board at all reasonable times. (7) The forest practices appeals board shall have exclusive jurisdiction to hear appeals arising from an action or determination by the department, and the department of fish and wildlife, and the department of ecology with respect to management plans provided for under RCW 76.09.350. (8)(a) Any person aggrieved by the approval or disapproval of an application to conduct a forest practice or the approval or disapproval of any landscape plan or permit or watershed analysis may seek review from the appeals board by filing a request for the same within thirty days of the approval or disapproval. Concurrently with the filing of any [Title 76 RCW—page 27] 76.09.220 Title 76 RCW: Forests and Forest Products request for review with the board as provided in this section, the requestor shall file a copy of his or her request with the department and the attorney general. The attorney general may intervene to protect the public interest and ensure that the provisions of this chapter are complied with. (b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings. [1999 sp.s. c 4 § 902; 1999 c 90 § 1. Prior: 1997 c 423 § 2; 1997 c 290 § 5; 1989 c 175 § 164; 1984 c 287 § 109; 1979 ex.s. c 47 § 5; 1975-’76 2nd ex.s. c 34 § 174; 1975 1st ex.s. c 200 § 10; 1974 ex.s. c 137 § 22.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. Finding—1997 c 423: "The legislature finds that the functions of the forest practices appeals board have overriding sensitivity and are of importance to the public welfare and operation of state government." [1997 c 423 § 1.] Effective date—1997 c 423: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." [1997 c 423 § 3.] Effective date—1989 c 175: See note following RCW 34.05.010. Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Intent—1979 ex.s. c 47: See note following RCW 43.21B.005. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 76.09.230 Forest practices appeals board— Mediation—Appeal procedure—Judicial review. (1) In all appeals over which the appeals board has jurisdiction, upon request of one or more parties and with the consent of all parties, the appeals board shall promptly schedule a conference for the purpose of attempting to mediate the case. The mediation conference shall be held prior to the hearing on not less than seven days’ advance written notice to all parties. All other proceedings pertaining to the appeal shall be stayed until completion of mediation, which shall continue so long as all parties consent: PROVIDED, That this shall not prevent the appeals board from deciding motions filed by the parties while mediation is ongoing: PROVIDED, FURTHER, That discovery may be conducted while mediation is ongoing if agreed to by all parties. Mediation shall be conducted by an administrative appeals judge or other duly authorized agent of the appeals board who has received training in dispute resolution techniques or has a demonstrated history of successfully resolving disputes, as determined by the appeals board. A person who mediates in a particular appeal shall not participate in a hearing on that appeal or in writing the decision and order in the appeal. Documentary and other physical evidence presented and evidence of conduct or statements made during the course of mediation shall be treated by the mediator and the parties in a confidential manner and shall not be admissible in subsequent proceedings in the appeal except in accordance with the provisions of the Washington rules of evidence pertaining to compromise negotiations. (2) In all appeals the appeals board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions, but such powers shall be exercised in conformity with chapter 34.05 RCW. [Title 76 RCW—page 28] (3) In all appeals the appeals board, and each member thereof, shall be subject to all duties imposed upon and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings. (4) All proceedings before the appeals board or any of its members shall be conducted in accordance with such rules of practice and procedure as the board may prescribe. The appeals board shall publish such rules and arrange for the reasonable distribution thereof. (5) Judicial review of a decision of the appeals board may be obtained only pursuant to RCW 34.05.510 through 34.05.598. [1994 c 253 § 9; 1992 c 52 § 23; 1989 c 175 § 165; 1974 ex.s. c 137 § 23.] Effective date—1989 c 175: See note following RCW 34.05.010. 76.09.240 Class IV forest practices—Counties and cities adopt standards—Administration and enforcement of regulations—Restrictions upon local political subdivisions or regional entities—Exceptions and limitations. (1) By December 31, 2005, each county and each city shall adopt ordinances or promulgate regulations setting standards for those Class IV forest practices regulated by local government. The regulations shall: (a) Establish minimum standards for Class IV forest practices; (b) set forth necessary administrative provisions; and (c) establish procedures for the collection and administration of forest practices and recording fees as set forth in this chapter. (2) Class IV forest practices regulations shall be administered and enforced by the counties and cities that promulgate them. (3) The forest practices board shall continue to promulgate regulations and the department shall continue to administer and enforce the regulations promulgated by the board in each county and each city for all forest practices as provided in this chapter until such time as, in the opinion of the department, the county or city has promulgated forest practices regulations that meet the requirements as set forth in this section and that meet or exceed the standards set forth by the board in regulations in effect at the time the local regulations are adopted. Regulations promulgated by the county or city thereafter shall be reviewed in the usual manner set forth for county or city rules or ordinances. Amendments to local ordinances must meet or exceed the forest practices rules at the time the local ordinances are amended. (a) Department review of the initial regulations promulgated by a county or city shall take place upon written request by the county or city. The department, in consultation with the department of ecology, may approve or disapprove the regulations in whole or in part. (b) Until January 1, 2006, the department shall provide technical assistance to all counties or cities that have adopted forest practices regulations acceptable to the department and that have assumed regulatory authority over all Class IV forest practices within their jurisdiction. (c) Decisions by the department approving or disapproving the initial regulations promulgated by a county or city may be appealed to the forest practices appeals board, which has exclusive jurisdiction to review the department’s approval or disapproval of regulations promulgated by counties and cities. (2002 Ed.) Forest Practices (4) For those forest practices over which the board and the department maintain regulatory authority no county, city, municipality, or other local or regional governmental entity shall adopt or enforce any law, ordinance, or regulation pertaining to forest practices, except that to the extent otherwise permitted by law, such entities may exercise any: (a) Land use planning or zoning authority: PROVIDED, That exercise of such authority may regulate forest practices only: (i) Where the application submitted under RCW 76.09.060 as now or hereafter amended indicates that the lands have been or will be converted to a use other than commercial forest product production; or (ii) on lands which have been platted after January 1, 1960, as provided in chapter 58.17 RCW: PROVIDED, That no permit system solely for forest practices shall be allowed; that any additional or more stringent regulations shall not be inconsistent with the forest practices regulations enacted under this chapter; and such local regulations shall not unreasonably prevent timber harvesting; (b) Taxing powers; (c) Regulatory authority with respect to public health; and (d) Authority granted by chapter 90.58 RCW, the "Shoreline Management Act of 1971". [2002 c 121 § 2; 1997 c 173 § 5; 1975 1st ex.s. c 200 § 11; 1974 ex.s. c 137 § 24.] 76.09.250 Policy for continuing program of orientation and training. The board shall establish a policy for a continuing program of orientation and training to be conducted by the department with relation to forest practices and the regulation thereof pursuant to RCW 76.09.010 through 76.09.280. [1974 ex.s. c 137 § 25.] 76.09.260 Department to represent state’s interest— Cooperation with other public agencies—Grants and gifts. The department shall represent the state’s interest in matters pertaining to forestry and forest practices, including federal matters, and may consult with and cooperate with the federal government and other states, as well as other public agencies, in the study and enhancement of forestry and forest practices. The department is authorized to accept, receive, disburse, and administer grants or other funds or gifts from any source, including private individuals or agencies, the federal government, and other public agencies for the purposes of carrying out the provisions of this chapter. Nothing in this chapter shall modify the designation of the department of ecology as the agency representing the state for all purposes of the Federal Water Pollution Control Act. [1974 ex.s. c 137 § 26.] 76.09.270 Annual determination of state’s research needs—Recommendations. The department, along with other affected agencies and institutions, shall annually determine the state’s needs for research in forest practices and the impact of such practices on public resources and shall recommend needed projects to the governor and the legislature. [1974 ex.s. c 137 § 27.] 76.09.280 Removal of log and debris jams from streams. Forest land owners shall permit reasonable access (2002 Ed.) 76.09.240 requested by appropriate agencies for removal from stream beds abutting their property of log and debris jams accumulated from upstream ownerships. Any owner of logs in such jams in claiming or removing them shall be required to remove all unmerchantable material from the stream bed in accordance with the forest practices regulations. Any material removed from stream beds must also be removed in compliance with all applicable laws administered by other agencies. [1974 ex.s. c 137 § 28.] 76.09.285 Water quality standards affected by forest practices. See RCW 90.48.420. 76.09.290 Inspection of lands—Reforestation. The department shall inspect, or cause to be inspected, deforested lands of the state and ascertain if the lands are valuable chiefly for agriculture, timber growing, or other purposes, with a view to reforestation. [1986 c 100 § 49.] 76.09.300 Mass earth movements and fluvial processes—Program to correct hazardous conditions on sites associated with roads and railroad grades—Hazardreduction plans. (1) Mass earth movements and fluvial processes can endanger public resources and public safety. In some cases, action can be taken which has a probability of reducing the danger to public resources and public safety. In other cases it may be best to take no action. In order to determine where and what, if any, actions should be taken on forest lands, the department shall develop a program to correct hazardous conditions on identified sites associated with roads and railroad grades constructed on private and public forest lands prior to January 1, 1987. The first priority treatment shall be accorded to those roads and railroad grades constructed before the effective date of the forest practices act of 1974. (2) This program shall be designed to accomplish the purposes and policies set forth in RCW 76.09.010. For each geographic area studied, the department shall produce a hazard-reduction plan which shall consist of the following elements: (a) Identification of sites where the department determines that earth movements or fluvial processes pose a significant danger to public resources or public safety: PROVIDED, That no liability shall attach to the state of Washington or the department for failure to identify such sites; (b) Recommendations for the implementation of any appropriate hazard-reduction measures on the identified sites, which minimize interference with natural processes and disturbance to the environment; (c) Analysis of the costs and benefits of each of the hazard-reduction alternatives, including a no-action alternative. (3) In developing these plans, it is intended that the department utilize appropriate scientific expertise including a geomorphologist, a forest hydrologist, and a forest engineer. (4) In developing these plans, the department shall consult with affected tribes, landowners, governmental agencies, and interested parties. [Title 76 RCW—page 29] 76.09.300 Title 76 RCW: Forests and Forest Products (5) Unless requested by a forest landowner under RCW 76.09.320, the department shall study geographic areas for participation in the program only to the extent that funds have been appropriated for cost sharing of hazard-reduction measures under RCW 76.09.320. [1987 c 95 § 2.] 76.09.305 Advisory committee to review hazardreduction plans authorized—Compensation, travel expenses. The forest practices board may, upon request of the department or at its own discretion, appoint an advisory committee consisting of not more than five members qualified by appropriate experience and training to review and comment upon such draft hazard reduction plans prepared by the department as the department submits for review. If an advisory committee is established, and within ninety days following distribution of a draft plan, the advisory committee shall prepare a written report on each hazard reduction plan submitted to it. The report, which shall be kept on file by the department, shall address each of those elements described in RCW 76.09.300(2). Final authority for each plan is vested in the department, and advisory committee comments and decisions shall be advisory only. The exercise by advisory committee members of their authority to review and comment shall not imply or create any liability on their part. Advisory committee members shall be compensated as provided for in RCW 43.03.250 and shall receive reimbursement for travel expenses as provided by RCW 43.03.050 and 43.03.060. [1987 c 95 § 3.] 76.09.310 Hazard-reduction program—Notice to landowners within areas selected for review—Proposed plans—Objections to plan, procedure—Final plans— Appeal. (1) The department shall send a notice to all forest landowners, both public and private, within the geographic area selected for review, stating that the department intends to study the area as part of the hazard-reduction program. (2) The department shall prepare a proposed plan for each geographic area studied. The department shall provide the proposed plan to affected landowners, Indian tribes, interested parties, and to the advisory committee, if established pursuant to RCW 76.09.305. (3) Any aggrieved landowners, agencies, tribes, and other persons who object to any or all of the proposed hazard-reduction plan may, within thirty days of issuance of the plan, request the department in writing to schedule a conference. If so requested, the department shall schedule a conference on a date not more than thirty days after receiving such request. (4) Within ten days after such a conference, the department shall either amend the proposed plan or respond in writing indicating why the objections were not incorporated into the plan. (5) Within one hundred twenty days following the issuance of the proposed plan as provided in subsection (2) of this section, the department shall distribute a final hazardreduction plan designating those sites for which hazardreduction measures are recommended and those sites where no action is recommended. For each hazard-reduction [Title 76 RCW—page 30] measure recommended, a description of the work and cost estimate shall be provided. (6) Any aggrieved landowners, agencies, tribes, and other persons are entitled to appeal the final hazard-reduction plan to the forest practices appeals board if, within thirty days of the issuance of the final plan, the party transmits a notice of appeal to the forest practices appeals board and to the department. (7) A landowner’s failure to object to the recommendations or to appeal the final hazard-reduction plan shall not be deemed an admission that the hazard-reduction recommendations are appropriate. (8) The department shall provide a copy of the final hazard-reduction plan to the department of ecology and to each affected county. [1987 c 95 § 4.] 76.09.315 Implementation of hazard-reduction measures—Election—Notice and application for costsharing funds—Inspection—Letter of compliance— Limitations on liability. (1) When a forest landowner elects to implement the recommended hazard-reduction measures, the landowner shall notify the department and apply for cost-sharing funds. Upon completion, the department shall inspect the remedial measures undertaken by the forest landowner. If, in the department’s opinion, the remedial measures have been properly implemented, the department shall promptly transmit a letter to the landowner stating that the landowner has complied with the hazardreduction measures. (2) Forest landowners, public and private, of hazardreduction sites reviewed by the department and who have complied with the department’s recommendations for sites which require action shall not be liable for any personal injuries or property damage, occurring on or off the property reviewed, arising from mass earth movements or fluvial processes associated with the hazard-reduction site reviewed. The limitation on liability contained in this subsection shall also cover personal injuries or property damage arising from mass earth movements or fluvial processes which are associated with those areas disturbed by activities required to acquire site access and to execute the plan when such activities are approved as part of a hazard-reduction plan. Notwithstanding the foregoing provisions of this subsection, a landowner may be liable when the landowner had actual knowledge of a dangerous artificial latent condition on the property that was not disclosed to the department. (3) The exercise by the department of its authority, duties, and responsibilities provided for developing and implementing the hazard-reduction program and plans shall not imply or create any liability in the state of Washington or the department except that the department may be liable if the department is negligent in making a final hazardreduction plan or in approving the implementation of specific hazard-reduction measures. [1987 c 95 § 5.] 76.09.320 Implementation of hazard-reduction program—Cost sharing by department—Limitations. (1) Subject to the availability of appropriated funds, the department shall pay fifty percent of the cost of implementing the hazard-reduction program, except as provided in subsection (2) of this section. (2002 Ed.) Forest Practices (2) In the event department funds described in subsection (1) of this section are not available for all or a portion of a forest landowner’s property, the landowner may request application of the hazard-reduction program to the owner’s lands, provided the landowner funds one hundred percent of the cost of implementation of the department’s recommended actions on his property. (3) No cost-sharing funds may be made available for sites where the department determines that the hazardous condition results from a violation of then-prevailing standards as established by statute or rule. [1987 c 95 § 6.] 76.09.330 Legislative findings—Liability from naturally falling trees required to be left standing. The legislature hereby finds and declares that riparian ecosystems on forest lands in addition to containing valuable timber resources, provide benefits for wildlife, fish, and water quality. The legislature further finds and declares that leaving riparian areas unharvested and leaving snags and green trees for large woody debris recruitment for streams and rivers provides public benefits including but not limited to benefits for threatened and endangered salmonids, other fish, amphibians, wildlife, and water quality enhancement. The legislature further finds and declares that leaving upland areas unharvested for wildlife and leaving snags and green trees for future snag recruitment provides benefits for wildlife. Forest landowners may be required to leave trees standing in riparian and upland areas to benefit public resources. It is recognized that these trees may blow down or fall into streams and that organic debris may be allowed to remain in streams. This is beneficial to riparian dependent and other wildlife species. Further, it is recognized that trees may blow down, fall onto, or otherwise cause damage or injury to public improvements, private property, and persons. Notwithstanding any statutory provision, rule, or common law doctrine to the contrary, the landowner, the department, and the state of Washington shall not be held liable for any injury or damages resulting from these actions, including but not limited to wildfire, erosion, flooding, personal injury, property damage, damage to public improvements, and other injury or damages of any kind or character resulting from the trees being left. [1999 sp.s. c 4 § 602; 1992 c 52 § 5; 1987 c 95 § 7.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 76.09.340 Certain forest practices exempt from rules and policies under this chapter. Forest practices consistent with a habitat conservation plan approved prior to March 25, 1996, by the secretary of the interior or commerce under 16 U.S.C. Sec. 1531 et seq., and the endangered species act of 1973 as amended, are exempt from rules and policies under this chapter, provided the proposed forest practices indicated in the application are in compliance with the plan, and provided this exemption applies only to rules and policies adopted primarily for the protection of one or more species, including unlisted species, covered by the plan. Such forest practices are deemed not to have the potential for a substantial impact on the environment but may be found to have the potential for a substantial impact on the environment due to other reasons under RCW 76.09.050. (2002 Ed.) 76.09.320 Nothing in this section is intended to limit the board’s rule-making authority under this chapter. [1996 c 136 § 1.] Effective date—1996 c 136: "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 shall take effect immediately [March 25, 1996]." [1996 c 136 § 2.] 76.09.350 Long-term multispecies landscape management plans—Pilot projects, selection—Plan approval, elements—Notice of agreement recorded—Memorandums of agreements—Report, evaluation. The legislature recognizes the importance of providing the greatest diversity of habitats, particularly riparian, wetland, and old growth habitats, and of assuring the greatest diversity of species within those habitats for the survival and reproduction of enough individuals to maintain the native wildlife of Washington forest lands. The legislature also recognizes the importance of long-term habitat productivity for natural and wild fish, for the protection of hatchery water supplies, and for the protection of water quality and quantity to meet the needs of people, fish, and wildlife. The legislature recognizes the importance of maintaining and enhancing fish and wildlife habitats capable of sustaining the commercial and noncommercial uses of fish and wildlife. The legislature further recognizes the importance of the continued growth and development of the state’s forest products industry which has a vital stake in the long-term productivity of both the public and private forest land base. The development of a landscape planning system would help achieve these goals. Landowners and resource managers should be provided incentives to voluntarily develop long-term multispecies landscape management plans that will provide protection to public resources. Because landscape planning represents a departure from the use of standard baseline rules and may result in unintended consequences to both the affected habitats and to a landowner’s economic interests, the legislature desires to establish up to seven experimental pilot programs to gain experience with landscape planning that may prove useful in fashioning legislation of a more general application. (1) Until December 31, 2000, the department in cooperation with the department of fish and wildlife, and the department of ecology when relating to water quality protection, is granted authority to select not more than seven pilot projects for the purpose of developing individual landowner multispecies landscape management plans. (a) Pilot project participants must be selected by the department in cooperation with the department of fish and wildlife, and the department of ecology when relating to water quality protection, no later than October 1, 1997. (b) The number and the location of the pilot projects are to be determined by the department in cooperation with the department of fish and wildlife, and the department of ecology when relating to water quality protection, and should be selected on the basis of risk to the habitat and species, variety and importance of species and habitats in the planning area, geographic distribution, surrounding ownership, other ongoing landscape and watershed planning activities in the area, potential benefits to water quantity and quality, financial and staffing capabilities of participants, and other factors that will contribute to the creation of landowner multispecies landscape planning efforts. [Title 76 RCW—page 31] 76.09.350 Title 76 RCW: Forests and Forest Products (c) Each pilot project shall have a landscape management plan with the following elements: (i) An identification of public resources selected for coverage under the plan and measurable objectives for the protection of the selected public resources; (ii) A termination date of not later than 2050; (iii) A general description of the planning area including its geographic location, physical and biological features, habitats, and species known to be present; (iv) An identification of the existing forest practices rules that will not apply during the term of the plan; (v) Proposed habitat management strategies or prescriptions; (vi) A projection of the habitat conditions likely to result from the implementation of the specified management strategies or prescriptions; (vii) An assessment of habitat requirements and the current habitat conditions of representative species included in the plan; (viii) An assessment of potential or likely impacts to representative species resulting from the prescribed forest practices; (ix) A description of the anticipated benefits to those species or other species as a result of plan implementation; (x) A monitoring plan; (xi) Reporting requirements including a schedule for review of the plan’s performance in meeting its objectives; (xii) Conditions under which a plan may be modified, including a procedure for adaptive management; (xiii) Conditions under which a plan may be terminated; (xiv) A procedure for adaptive management that evaluates the effectiveness of the plan to meet its measurable public resources objectives, reflects changes in the best available science, and provides changes to its habitat management strategies, prescriptions, and hydraulic project standards to the extent agreed to in the plan and in a timely manner and schedule; (xv) A description of how the plan relates to publicly available plans of adjacent federal, state, tribal, and private timberland owners; and (xvi) A statement of whether the landowner intends to apply for approval of the plan under applicable federal law. (2) Until December 31, 2000, the department, in agreement with the department of fish and wildlife, and the department of ecology when the landowner elects to cover water quality in the plan, shall approve a landscape management plan and enter into a binding implementation agreement with the landowner when such departments find, based upon the best scientific data available, that: (a) The plan contains all of the elements required under this section including measurable public resource objectives; (b) The plan is expected to be effective in meeting those objectives; (c) The landowner has sufficient financial resources to implement the management strategies or prescriptions to be implemented by the landowner under the plan; (d) The plan will: (i) Provide better protection than current state law for the public resources selected for coverage under the plan considered in the aggregate; and (ii) Compared to conditions that could result from compliance with current state law: [Title 76 RCW—page 32] (A) Not result in poorer habitat conditions over the life of the plan for any species selected for coverage that is listed as threatened or endangered under federal or state law, or that has been identified as a candidate for such listing, at the time the plan is approved; and (B) Measurably improve habitat conditions for species selected for special consideration under the plan; (e) The plan shall include watershed analysis or provide for a level of protection that meets or exceeds the protection that would be provided by watershed analysis, if the landowner selects fish or water quality as a public resource to be covered under the plan. Any alternative process to watershed analysis would be subject to timely peer review; (f) The planning process provides for a public participation process during the development of the plan, which shall be developed by the department in cooperation with the landowner. The management plans must be submitted to the department and the department of fish and wildlife, and the department of ecology when the landowner elects to cover water quality in the plan, no later than March 1, 2000. The department shall provide an opportunity for public comment on the proposed plan. The comment period shall not be less than forty-five days. The department shall approve or reject plans within one hundred twenty days of submittal by the landowner of a final plan. The decision by the department, in agreement with the department of fish and wildlife, and the department of ecology when the landowner has elected to cover water quality in the plan, to approve or disapprove the management plan is subject to the environmental review process of chapter 43.21C RCW, provided that any public comment period provided for under chapter 43.21C RCW shall run concurrently with the public comment period provided in this subsection (2). (3) After a landscape management plan is adopted: (a) Forest practices consistent with the plan need not comply with: (i) The specific forest practices rules identified in the plan; and (ii) Any forest practice rules and policies adopted after the approval of the plan to the extent that the rules: (A) Have been adopted primarily for the protection of a public resource selected for coverage under the plan; or (B) Provide for procedural or administrative obligations inconsistent with or in addition to those provided for in the plan with respect to those public resources; and (b) If the landowner has selected fish as one of the public resources to be covered under the plan, the plan shall serve as the hydraulic project approval for the life of the plan, in compliance with *RCW 75.20.100. (4) The department is authorized to issue a single landscape level permit valid for the life of the plan to a landowner who has an approved landscape management plan and who has requested a landscape permit from the department. Landowners receiving a landscape level permit shall meet annually with the department and the department of fish and wildlife, and the department of ecology where water quality has been selected as a public resource to be covered under the plan, to review the specific forest practices activities planned for the next twelve months and to determine whether such activities are in compliance with the plan. The departments will consult with the affected Indian (2002 Ed.) Forest Practices tribes and other interested parties who have expressed an interest in connection with the review. The landowner is to provide ten calendar days’ notice to the department prior to the commencement of any forest practices authorized under a landscape level permit. The landscape level permit will not impose additional conditions relating to the public resources selected for coverage under the plan beyond those agreed to in the plan. For the purposes of chapter 43.21C RCW, forest practices conducted in compliance with an approved plan are deemed not to have the potential for a substantial impact on the environment as to any public resource selected for coverage under the plan. (5) Except as otherwise provided in a plan, the agreement implementing the landscape management plan is an agreement that runs with the property covered by the approved landscape management plan and the department shall record notice of the plan in the real property records of the counties in which the affected properties are located. Prior to its termination, no plan shall permit forest land covered by its terms to be withdrawn from such coverage, whether by sale, exchange, or other means, nor to be converted to nonforestry uses except to the extent that such withdrawal or conversion would not measurably impair the achievement of the plan’s stated public resource objectives. If a participant transfers all or part of its interest in the property, the terms of the plan still apply to the new landowner for the plan’s stated duration unless the plan is terminated under its terms or unless the plan specifies the conditions under which the terms of the plan do not apply to the new landowner. (6) The departments of natural resources, fish and wildlife, and ecology shall seek to develop memorandums of agreements with federal agencies and affected Indian tribes relating to tribal issues in the landscape management plans. The departments shall solicit input from affected Indian tribes in connection with the selection, review, and approval of any landscape management plan. If any recommendation is received from an affected Indian tribe and is not adopted by the departments, the departments shall provide a written explanation of their reasons for not adopting the recommendation. (7) The department is directed to report to the forest practices board annually through the year 2000, but no later than December 31st of each year, on the status of each pilot project. The department is directed to provide to the forest practices board, no later than December 31, 2000, an evaluation of the pilot projects including a determination if a permanent landscape planning process should be established along with a discussion of what legislative and rule modifications are necessary. [1997 c 290 § 1.] *Reviser’s note: RCW 75.20.100 was recodified as RCW 77.55.100 pursuant to 2000 c 107 § 129. 76.09.360 Single multiyear permit. The department together with the department of fish and wildlife, and the department of ecology relating to water quality protection, shall develop a suitable process to permit landowners to secure all permits required for the conduct of forest practices in a single multiyear permit to be jointly issued by the departments and the departments shall report their findings to the legislature not later than December 31, 2000. [1997 c 290 § 2.] (2002 Ed.) 76.09.350 76.09.368 Intent—Small forest landowners— Alternate plan processes/alternate harvest restrictions— Report to the legislature. The legislature intends that small forest landowners have access to alternate plan processes or alternate harvest restrictions, or both if necessary, that meet the public resource protection standard set forth in RCW 76.09.370(3), but which also lowers the overall cost of regulation to small forest landowners including, but not limited to, timber value forgone, layout costs, and operating costs. The forest practices board shall consult with the small forest landowner office advisory committee in developing these alternate approaches. By July 1, 2003, the forest practices board shall provide the legislature with a written report that describes the board’s progress in developing alternate plan processes or alternate harvest restrictions, or both if necessary, that meet legislative intent. As used in this section, "small forest landowner" has the same meaning as defined in RCW 76.13.120(2). [2002 c 120 § 4.] 76.09.370 Findings—Forests and fish report— Adoption of rules. (1) The legislature finds that the process that produced the forests and fish report was instigated by the forest practices board, the report is the product of considerable negotiations between several diverse interest groups, and the report has the support of key federal agencies. When adopting permanent rules under this section, the forest practices board is strongly encouraged to follow the recommendations of the forests and fish report, but may include other alternatives for protection of aquatic resources. If the forest practices board chooses to adopt rules under this section that are not consistent with the recommendations contained in the forests and fish report, the board must notify the appropriate legislative committees of the proposed deviations, the reasons for the proposed deviations, and whether the parties to the forests and fish report still support the agreement. The board shall defer final adoption of such rules for sixty days of the legislative session to allow for the opportunity for additional public involvement and legislative oversight. (2) The forest practices board shall follow the regular rules adoption process contained in the administrative procedure act, chapter 34.05 RCW, when adopting permanent rules pertaining to forest practices and the protection of aquatic resources except as limited by subsection (1) of this section. The permanent rules must accomplish the policies stated in RCW 76.09.010 without jeopardizing the economic viability of the forest products industry. (3) The rules adopted under this section should be as specific as reasonably possible while also allowing an applicant to propose alternate plans in response to sitespecific physical features. Alternate plans should provide protection to public resources at least equal in overall effectiveness by alternate means. (4) Rule making under subsection (2) of this section shall be completed by June 30, 2001. (5) The board should consider coordinating any environmental review process under chapter 43.21C RCW relating to the adoption of rules under subsection (2) of this section with any review of a related proposal under the national environmental policy act (42 U.S.C. Sec. 4321, et seq.). [Title 76 RCW—page 33] 76.09.370 Title 76 RCW: Forests and Forest Products (6) After the board has adopted permanent rules under subsection (2) of this section, changes to those rules and any new rules covering aquatic resources may be adopted by the board but only if the changes or new rules are consistent with recommendations resulting from the scientifically based adaptive management process established by a rule of the board. Any new rules or changes under this subsection need not be based upon the recommendations of the adaptive management process if: (a) The board is required to adopt or modify rules by the final order of any court having jurisdiction thereof; or (b) future state legislation directs the board to adopt or modify the rules. (7) In adopting permanent rules, the board shall incorporate the scientific-based adaptive management process described in the forests and fish report which will be used to determine the effectiveness of the new forest practices rules in aiding the state’s salmon recovery effort. The purpose of an adaptive management process is to make adjustments as quickly as possible to forest practices that are not achieving the resource objectives. The adaptive management process shall incorporate the best available science and information, include protocols and standards, regular monitoring, a scientific and peer review process, and provide recommendations to the board on proposed changes to forest practices rules to meet timber industry viability and salmon recovery. [1999 sp.s. c 4 § 204.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 76.09.380 Report to the legislature—Emergency rules—Permanent rules. Prior to the adoption of permanent rules as required by chapter 4, Laws of 1999 sp. sess. and no later than January 1, 2000, the board shall report to the appropriate legislative committees regarding the substance of emergency rules that have been adopted under chapter 4, Laws of 1999 sp. sess. In addition, the report shall include information on changes made to the forests and fish report after April 29, 1999, and an update on the status of the adoption of permanent rules, including the anticipated substance of the rules and the anticipated date of final adoption. The board shall additionally provide a report to the appropriate legislative committees by January 1, 2001. On January 1, 2006, the board shall provide a summary to the appropriate legislative committees regarding modifications made to the forests and fish report made after January 1, 2000, and to the permanent rules according to the adaptive management process as set forth in the forests and fish report. [1999 sp.s. c 4 § 205.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 76.09.390 Sale of land or timber rights with continuing obligations—Notice—Failure to notify. Prior to the sale or transfer of land or perpetual timber rights subject to continuing forest land obligations under the forest practices rules adopted under RCW 76.09.370, as specifically identified in the forests and fish report the seller shall notify the buyer of the existence and nature of such a continuing obligation and the buyer shall sign a notice of continuing forest land obligation indicating the buyer’s knowledge thereof. The notice shall be on a form prepared by the [Title 76 RCW—page 34] department and shall be sent to the department by the seller at the time of sale or transfer of the land or perpetual timber rights and retained by the department. If the seller fails to notify the buyer about the continuing forest land obligation, the seller shall pay the buyer’s costs related to such continuing forest land obligation, including all legal costs and reasonable attorneys’ fees, incurred by the buyer in enforcing the continuing forest land obligation against the seller. Failure by the seller to send the required notice to the department at the time of sale shall be prima facie evidence, in an action by the buyer against the seller for costs related to the continuing forest land obligation, that the seller did not notify the buyer of the continuing forest land obligation prior to sale. [1999 sp.s. c 4 § 707.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 76.09.400 Forests and fish account—Created. The forests and fish account is created in the state treasury. Receipts from appropriations, federal grants, and gifts from private organizations and individuals or other sources may be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used for the establishment and operation of the small forest landowner office under RCW 76.13.110, the purchase of easements under RCW 76.13.120, the purchase of lands under RCW 76.09.040, or other activities necessary to implement chapter 4, Laws of 1999 sp. sess. [1999 sp.s. c 4 § 1402.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 76.09.900 Short title. Sections 1 through 28 of this 1974 act shall be known and may be cited as the "Forest Practices Act of 1974". [1974 ex.s. c 137 § 29.] 76.09.905 Air pollution laws not modified. Nothing in RCW 76.09.010 through 76.09.280 or 90.48.420 shall modify chapter 70.94 RCW or any other provision of law relating to the control of air pollution. [1974 ex.s. c 137 § 31.] 76.09.910 Shoreline management act, hydraulics act, other statutes and ordinances not modified— Exceptions. Nothing in RCW 76.09.010 through 76.09.280 as now or hereafter amended shall modify any requirements to comply with the Shoreline Management Act of 1971 except as limited by RCW 76.09.240 as now or hereafter amended, or the hydraulics act (*RCW 75.20.100), other state statutes in effect on January 1, 1975, and any local ordinances not inconsistent with RCW 76.09.240 as now or hereafter amended. [1975 1st ex.s. c 200 § 12; 1974 ex.s. c 137 § 32.] *Reviser’s note: RCW 75.20.100 was recodified as RCW 77.55.100 pursuant to 2000 c 107 § 129. 76.09.915 Repeal and savings. (1) The following acts or parts of acts are each repealed: (a) Section 2, chapter 193, Laws of 1945, section 1, chapter 218, Laws of 1947, section 1, chapter 44, Laws of (2002 Ed.) Forest Practices 1953, section 1, chapter 79, Laws of 1957, section 10, chapter 207, Laws of 1971 ex. sess. and RCW 76.08.010; (b) Section 1, chapter 193, Laws of 1945 and RCW 76.08.020; (c) Section 3, chapter 193, Laws of 1945, section 2, chapter 218, Laws of 1947, section 1, chapter 115, Laws of 1955 and RCW 76.08.030; (d) Section 4, chapter 193, Laws of 1945, section 3, chapter 218, Laws of 1947, section 2, chapter 79, Laws of 1957 and RCW 76.08.040; (e) Section 5, chapter 193, Laws of 1945, section 4, chapter 218, Laws of 1947, section 3, chapter 79, Laws of 1957, section 11, chapter 207, Laws of 1971 ex. sess. and RCW 76.08.050; (f) Section 6, chapter 193, Laws of 1945, section 5, chapter 218, Laws of 1947, section 2, chapter 44, Laws of 1953, section 12, chapter 207, Laws of 1971 ex. sess. and RCW 76.08.060; (g) Section 7, chapter 193, Laws of 1945 and RCW 76.08.070; (h) Section 8, chapter 193, Laws of 1945, section 6, chapter 218, Laws of 1947, section 3, chapter 44, Laws of 1953, section 2, chapter 115, Laws of 1955, section 1, chapter 40, Laws of 1961 and RCW 76.08.080; and (i) Section 9, chapter 193, Laws of 1945, section 4, chapter 44, Laws of 1953 and RCW 76.08.090. (2) Notwithstanding the foregoing repealer, obligations under such sections or permits issued thereunder and in effect on the effective date of this section shall continue in full force and effect, and no liability thereunder, civil or criminal, shall be in any way modified. [1974 ex.s. c 137 § 34.] 76.09.920 Application for extension of prior permits. Permits issued by the department under the provisions of RCW 76.08.030 during 1974 shall be effective until April 1, 1975 if an application has been submitted under the provisions of RCW 76.09.050 prior to January 1, 1975. [1974 ex.s. c 137 § 35.] 76.09.925 Effective dates—1974 ex.s. c 137. RCW 76.09.030, 76.09.040, 76.09.050, 76.09.060, 76.09.200, 90.48.420, and 76.09.935 are necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately. RCW 76.09.010, 76.09.020, 76.09.070, 76.09.080, 76.09.090, 76.09.100, 76.09.110, 76.09.120, 76.09.130, 76.09.140, 76.09.150, 76.09.160, 76.09.170, 76.09.180, 76.09.190, 76.09.210, 76.09.220, 76.09.230, 76.09.240, 76.09.250, 76.09.260, 76.09.270, 76.09.280, 76.09.900, 76.09.905, 76.09.910, 76.09.930, 76.09.915, and 76.09.920 shall take effect January 1, 1975. [1974 ex.s. c 137 § 37.] 76.09.935 Severability—1974 ex.s. c 137. If any provision of this 1974 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provisions to other persons or circumstances shall not be affected. [1974 ex.s. c 137 § 36.] (2002 Ed.) 76.09.915 Chapter 76.10 SURFACE MINING Reviser’s note: Chapter 64, Laws of 1970 ex. sess. has been codified as chapter 78.44 RCW, "Mines, minerals, and petroleum" although section 1 of the act states "Sections 2 through 25 of this act shall constitute a new chapter in Title 76 RCW." As the act pertains solely to surface mining, the change in placement has been made to preserve the subject matter arrangement of the code. Chapter 76.12 REFORESTATION Sections 76.12.015 76.12.020 "Department" defined. Powers of department—Acquisition of land for reforestation—Taxes, cancellation. 76.12.030 Deed of county land to department—Disposition of proceeds. 76.12.033 Remaining moneys—Certification—Distribution. 76.12.035 Reacquisition from federal government of lands originally acquired through tax foreclosure—Agreements. 76.12.040 Gifts of county or city land for offices, warehouses, etc. 76.12.045 Gifts of county or city land for offices, warehouses, etc.— Use of lands authorized. 76.12.050 Exchange of lands to consolidate and block up holdings or obtain lands having commercial recreational leasing potential. 76.12.060 Exchange of lands to consolidate and block up holdings— Agreements and deeds by commissioner. 76.12.065 Exchange of lands to consolidate and block up holdings— Lands acquired are subject to same laws and administered for same fund as lands exchanged. 76.12.067 Reconveyance to county of certain leased lands. 76.12.070 Reconveyance to county in certain cases. 76.12.072 Transfer of state forest lands back to county for public park use—Procedure—Reconveyance back when use ceases. 76.12.073 Transfer of state forest lands back to county for public park use—Timber resource management. 76.12.074 Transfer of state forest lands back to county for public park use—Lands transferred by deed. 76.12.075 Transfer of state forest lands back to county for public park use—Provisions cumulative and nonexclusive. 76.12.080 Acquisition of forest land—Requisites. 76.12.090 Utility bonds. 76.12.100 Bonds—Purchase price of land limited—Retirement of bonds. 76.12.110 Forest development account. 76.12.120 Sales and leases of timber, timber land, or products thereon—Disposition of revenue. 76.12.125 Transfer, disposal of lands without public auction— Requirements. 76.12.140 Logging of land—Rules and regulations—Penalty. 76.12.155 Record of proceedings, etc. 76.12.160 Sale or exchange of tree seedling stock and tree seed— Provision of stock or seed to local governments or nonprofit organizations. 76.12.170 Use of proceeds specified. 76.12.180 Department-county agreements for improvement of access roads. 76.12.205 Olympic natural resources center—Finding, intent. 76.12.210 Olympic natural resources center—Purpose, programs. 76.12.220 Olympic natural resources center—Administration. 76.12.230 Olympic natural resources center—Funding—Contracts. 76.12.240 Finding—Intent—Community and technical college forest reserve land base—Management—Disposition of revenue. Reservation of state land for reforestation after timber removed: RCW 79.01.164. [Title 76 RCW—page 35] 76.12.015 Title 76 RCW: Forests and Forest Products 76.12.015 "Department" defined. As used in this chapter, "department" means the department of natural resources. [1988 c 128 § 22.] 76.12.020 Powers of department—Acquisition of land for reforestation—Taxes, cancellation. The department shall have the power to accept gifts and bequests of money or other property, made in its own name, or made in the name of the state, to promote generally the interests of reforestation or for a specific named purpose in connection with reforestation, and to acquire in the name of the state, by purchase or gift, any lands which by reason of their location, topography or geological formation, are chiefly valuable for purpose of developing and growing timber, and to designate such lands and any lands of the same character belonging to the state as state forest lands; and may acquire by gift or purchase any lands of the same character. The department shall have power to seed, plant and develop forests on any lands, purchased, acquired or designated by it as state forest lands, and shall furnish such care and fire protection for such lands as it shall deem advisable. Upon approval of the board of county commissioners of the county in which said land is located such gift or donation of land may be accepted subject to delinquent general taxes thereon, and upon such acceptance of such gift or donation subject to such taxes, the department shall record the deed of conveyance thereof and file with the assessor and treasurer of the county wherein such land is situated, written notice of acquisition of such land, and that all delinquent general taxes thereon, except state taxes, shall be canceled, and the county treasurer shall thereupon proceed to make such cancellation in the records of his office. Thereafter, such lands shall be held in trust, protected, managed, and administered upon, and the proceeds therefrom disposed of, under RCW 76.12.030. [1988 c 128 § 23; 1937 c 172 § 1; 1929 c 117 § 1; 1923 c 154 § 3; RRS § 5812-3. Prior: 1921 c 169 § 1, part.] 76.12.030 Deed of county land to department— Disposition of proceeds. If any land acquired by a county through foreclosure of tax liens, or otherwise, comes within the classification of land described in RCW 76.12.020 and can be used as state forest land and if the department deems such land necessary for the purposes of this chapter, the county shall, upon demand by the department, deed such land to the department and the land shall become a part of the state forest lands. Such land shall be held in trust and administered and protected by the department as other state forest lands. Any moneys derived from the lease of such land or from the sale of forest products, oils, gases, coal, minerals, or fossils therefrom, shall be distributed as follows: (1) The expense incurred by the state for administration, reforestation, and protection, not to exceed twenty-five percent, which rate of percentage shall be determined by the board of natural resources, shall be returned to the forest development account in the state general fund. (2) Any balance remaining shall be paid to the county in which the land is located to be paid, distributed, and prorated, except as hereinafter provided, to the various funds in the same manner as general taxes are paid and distributed during the year of payment: PROVIDED, That any such [Title 76 RCW—page 36] balance remaining paid to a county with a population of less than sixteen thousand shall first be applied to the reduction of any indebtedness existing in the current expense fund of such county during the year of payment. [1997 c 370 § 1; 1991 c 363 § 151; 1988 c 128 § 24; 1981 2nd ex.s. c 4 § 4; 1971 ex.s. c 224 § 1; 1969 c 110 § 1; 1957 c 167 § 1; 1951 c 91 § 1; 1935 c 126 § 1; 1927 c 288 § 3, part (adding a new section to 1923 c 154 § 3b); RRS § 5812-36.] Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180. Severability—1981 2nd ex.s. c 4: See note following RCW 43.85.130. 76.12.033 Remaining moneys—Certification— Distribution. With regard to moneys remaining under RCW 76.12.030(2), within seven working days of receipt of these moneys, the department shall certify to the state treasurer the amounts to be distributed to the counties. The state treasurer shall distribute funds to the counties four times per month, with no more than ten days between each payment date. [1998 c 71 § 1.] 76.12.035 Reacquisition from federal government of lands originally acquired through tax foreclosure— Agreements. Whenever any forest land which shall have been acquired by any county through the foreclosure of tax liens, or otherwise, and which shall have been acquired by the federal government either from said county or from the state holding said lands in trust, and shall be available for reacquisition, the state board of natural resources and the board of county commissioners of any such county are hereby authorized to enter into an agreement for the reacquisition of such lands as state forest lands in trust for such county. Such agreement shall provide for the price and manner of such reacquisition. The state board of natural resources is authorized to provide in such agreement for the advance of funds available to it for such purpose from the forest development account, all or any part of the price for such reacquisition so agreed upon, which advance shall be repaid at such time and in such manner as in said agreement provided, solely from any distribution to be made to said county under the provisions of RCW 76.12.030; that the title to said lands shall be retained by the state free from any trust until the state shall have been fully reimbursed for all funds advanced in connection with such reacquisition; and that in the event of the failure of the county to repay such advance in the manner provided, the said forest lands shall be retained by the state to be administered and/or disposed of in the same manner as other state forest lands free and clear of any trust interest therein by said county. Such county shall make provisions for the reimbursement of the various funds from any moneys derived from such lands so acquired, or any other county trust forest board lands which are distributable in a like manner, for any sums withheld from funds for other areas which would have been distributed thereto from time to time but for such agreement. [1959 c 87 § 1.] 76.12.040 Gifts of county or city land for offices, warehouses, etc. Any county, city or town is authorized and empowered to convey to the state of Washington any (2002 Ed.) Reforestation lands owned by such county, city or town upon the selection of such lands by the department and the department is hereby authorized to select and accept conveyances of lands from such counties, cities or towns, suitable for use by the department as locations for offices, warehouses and machinery storage buildings in the administration of the forestry laws and lands of the state of Washington: PROVIDED, HOWEVER, No consideration shall be paid by the state nor by the department for the conveyance of such lands by such county, city or town. [1988 c 128 § 25; 1937 c 125 § 1; RRS § 5812-3c. FORMER PART OF SECTION: 1937 c 125 § 2 now codified as RCW 76.12.045.] 76.12.045 Gifts of county or city land for offices, warehouses, etc.—Use of lands authorized. The department is authorized to use such lands for the purposes hereinbefore expressed and to improve said lands and build thereon any necessary structures for the purposes hereinbefore expressed and expend in so doing such funds as may be authorized by law therefor. [1988 c 128 § 26; 1937 c 125 § 2; RRS § 5812-3d. Formerly RCW 76.12.040.] 76.12.050 Exchange of lands to consolidate and block up holdings or obtain lands having commercial recreational leasing potential. The board of county commissioners of any county and/or the mayor and city council or city commission of any city or town and/or the board of natural resources shall have authority to exchange, each with the other, or with the federal forest service, the federal government or any proper agency thereof and/or with any private landowner, county land of any character, land owned by municipalities of any character, and land owned by the state under the jurisdiction of the department of natural resources, for real property of equal value for the purpose of consolidating and blocking up the respective land holdings of any county, municipality, the federal government, or the state of Washington or for the purpose of obtaining lands having commercial recreational leasing potential. [1973 1st ex.s. c 50 § 1; 1961 c 77 § 1; 1937 c 77 § 1; RRS § 5812-3e.] 76.12.060 Exchange of lands to consolidate and block up holdings—Agreements and deeds by commissioner. The commissioner of public lands shall, with the advice and approval of the attorney general, execute such agreements, writings, or relinquishments and certify to the governor such deeds as are necessary or proper to complete an exchange as authorized by the board of natural resources under RCW 76.12.050. [1961 c 77 § 2; 1937 c 77 § 2; RRS § 5812-3f.] 76.12.065 Exchange of lands to consolidate and block up holdings—Lands acquired are subject to same laws and administered for same fund as lands exchanged. Lands acquired by the state of Washington as the result of any exchange authorized under RCW 76.12.050 shall be held and administered for the benefit of the same fund and subject to the same laws as were the lands exchanged therefor. [1961 c 77 § 3.] (2002 Ed.) 76.12.040 76.12.067 Reconveyance to county of certain leased lands. If the board of natural resources determines that any forest lands deeded to the board or the state pursuant to this chapter, which are leased to any county for uses which have as one permitted use a sanitary landfill and/or transfer station, are no longer appropriate for management by the board, the board may reconvey all of the lands included within any such lease to that county. Reconveyance shall be by quitclaim deed executed by the chairman of the board. Upon execution of such deed, full legal and equitable title to such lands shall be vested in that county, and any leases on such lands shall terminate. A county that receives any such reconveyed lands shall indemnify and hold the state of Washington harmless from any liability or expense arising out of the reconveyed lands. [1991 c 10 § 1.] 76.12.070 Reconveyance to county in certain cases. Whenever any county shall have acquired by tax foreclosure, or otherwise, lands within the classification of RCW 76.12.020 and shall have thereafter contracted to sell such lands to bona fide purchasers before the same may have been selected as forest lands by the department, and has heretofore deeded or shall hereafter deed because of inadvertence or oversight such lands to the state or to the department to be held under RCW 76.12.030 or any amendment thereof; the department upon being furnished with a certified copy of such contract of sale on file in such county and a certificate of the county treasurer showing said contract to be in good standing in every particular and that all due payments and taxes have been made thereon, and upon receipt of a certified copy of a resolution of the board of county commissioners of such county requesting the reconveyance to the county of such lands, is hereby authorized to reconvey such lands to such county by quitclaim deed executed by the department. Such reconveyance of lands hereafter so acquired shall be made within one year from the conveyance thereof to the state or department. [1988 c 128 § 27; 1941 c 84 § 1; Rem. Supp. 1941 § 5812-3g.] 76.12.072 Transfer of state forest lands back to county for public park use—Procedure—Reconveyance back when use ceases. Whenever the board of county commissioners of any county shall determine that forest lands, that were acquired from such county by the state pursuant to RCW 76.12.030 and that are under the administration of the department of natural resources, are needed by the county for public park use in accordance with the county and the state outdoor recreation plans, the board of county commissioners may file an application with the board of natural resources for the transfer of such forest lands. Upon the filing of an application by the board of county commissioners, the department of natural resources shall cause notice of the impending transfer to be given in the manner provided by RCW 42.30.060. If the department of natural resources determines that the proposed use is in accordance with the state outdoor recreation plan, it shall reconvey said forest lands to the requesting county to have and to hold for so long as the forest lands are developed, maintained, and used for the proposed public park purpose. This reconveyance may contain conditions to allow the department of natural resources to coordinate the manage[Title 76 RCW—page 37] 76.12.072 Title 76 RCW: Forests and Forest Products ment of any adjacent state owned lands with the proposed park activity to encourage maximum multiple use management and may reserve rights of way needed to manage other state owned lands in the area. The application shall be denied if the department of natural resources finds that the proposed use is not in accord with the state outdoor recreation plan. If the land is not, or ceases to be, used for public park purposes the land shall be conveyed back to the department of natural resources upon request of the department. [1983 c 3 § 195; 1969 ex.s. c 47 § 1.] 76.12.073 Transfer of state forest lands back to county for public park use—Timber resource management. The timber resources on any such state forest land transferred to the counties under RCW 76.12.072 shall be managed by the department of natural resources to the extent that this is consistent with park purposes and meets with the approval of the board of county commissioners. Whenever the department of natural resources does manage the timber resources of such lands, it will do so in accordance with the general statutes relative to the management of all other state forest lands. [1969 ex.s. c 47 § 2.] 76.12.074 Transfer of state forest lands back to county for public park use—Lands transferred by deed. Under provisions mutually agreeable to the board of county commissioners and the board of natural resources, lands approved for transfer to a county for public park purposes under the provisions of RCW 76.12.072 shall be transferred to the county by deed. [1969 ex.s. c 47 § 3.] 76.12.075 Transfer of state forest lands back to county for public park use—Provisions cumulative and nonexclusive. The provisions of RCW 76.12.072 through 76.12.075 shall be cumulative and nonexclusive and shall not repeal any other related statutory procedure established by law. [1969 ex.s. c 47 § 4.] 76.12.080 Acquisition of forest land—Requisites. The department shall take such steps as it deems advisable for locating and acquiring lands suitable for state forests and reforestation. Acquisitions made pursuant to this section shall be at no more than fair market value. No lands shall ever be acquired by the department except upon the approval of the title by the attorney general and on a conveyance being made to the state of Washington by good and sufficient deed. No forest lands shall be designated, purchased, or acquired by the department unless the area so designated or the area to be acquired shall, in the judgment of the department, be of sufficient acreage and so located that it can be economically administered for forest development purposes. [2000 c 148 § 1; 1988 c 128 § 28; 1923 c 154 § 4; RRS § 5812-4. Prior: 1921 c 169 § 1, part.] 76.12.090 Utility bonds. For the purpose of acquiring and paying for lands for state forests and reforestation as herein provided the department may issue utility bonds of the state of Washington, in an amount not to exceed two hundred thousand dollars in principal, during the biennium expiring March 31, 1925, and such other amounts as may hereafter be authorized by the legislature. Said bonds shall [Title 76 RCW—page 38] bear interest at not to exceed the rate of two percent per annum which shall be payable annually. Said bonds shall never be sold or exchanged at less than par and accrued interest, if any, and shall mature in not less than a period equal to the time necessary to develop a merchantable forest on the lands exchanged for said bonds or purchased with money derived from the sale thereof. Said bonds shall be known as state forest utility bonds. The principal or interest of said bonds shall not be a general obligation of the state, but shall be payable only from the forest development account. The department may issue said bonds in exchange for lands selected by it in accordance with RCW 76.12.020, 76.12.030, 76.12.080, 76.12.090, 76.12.110, 76.12.120, and 76.12.140, or may sell said bonds in such manner as it deems advisable, and with the proceeds purchase and acquire such lands. Any of said bonds issued in exchange and payment for any particular tract of lands may be made a first and prior lien against the particular land for which they are exchanged, and upon failure to pay said bonds and interest thereon according to their terms, the lien of said bonds may be foreclosed by appropriate court action. [2000 c 11 § 8; 1988 c 128 § 29; 1937 c 104 § 1; 1923 c 154 § 5; RRS § 5812-5.] 76.12.100 Bonds—Purchase price of land limited— Retirement of bonds. For the purpose of acquiring, seeding, reforestation and administering land for forests and of carrying out RCW 76.12.020, 76.12.030, 76.12.080, 76.12.090, 76.12.110, 76.12.120, and 76.12.140, the department is authorized to issue and dispose of utility bonds of the state of Washington in an amount not to exceed one hundred thousand dollars in principal during the biennium expiring March 31, 1951: PROVIDED, HOWEVER, That no sum in excess of one dollar per acre shall ever be paid or allowed either in cash, bonds, or otherwise, for any lands suitable for forest growth, but devoid of such, nor shall any sum in excess of three dollars per acre be paid or allowed either in cash, bonds, or otherwise, for any lands adequately restocked with young growth. Any utility bonds issued under the provisions of this section may be retired from time to time, whenever there is sufficient money in the forest development account, said bonds to be retired at the discretion of the department either in the order of issuance, or by first retiring bonds with the highest rate of interest. [2000 c 11 § 9; 1988 c 128 § 30; 1949 c 80 § 1; 1947 c 66 § 1; 1945 c 13 § 1; 1943 c 123 § 1; 1941 c 43 § 1; 1939 c 106 § 1; 1937 c 104 § 2; 1935 c 126 § 2; 1933 c 117 § 1; Rem. Supp. 1949 § 5812-11.] 76.12.110 Forest development account. There is created a forest development account in the state treasury. The state treasurer shall keep an account of all sums deposited therein and expended or withdrawn therefrom. Any sums placed in the account shall be pledged for the purpose of paying interest and principal on the bonds issued by the department, and for the purchase of land for growing timber. Any bonds issued shall constitute a first and prior claim and lien against the account for the payment of principal and interest. No sums for the above purposes shall be withdrawn or paid out of the account except upon approval of the department. (2002 Ed.) Reforestation Appropriations may be made by the legislature from the forest development account to the department for the purpose of carrying on the activities of the department on state forest lands, lands managed on a sustained yield basis as provided for in RCW 79.68.040, and for reimbursement of expenditures that have been made or may be made from the resource management cost account in the management of state forest lands. For the 1999-2001 fiscal biennium, moneys from the account shall be distributed as directed in the omnibus appropriations act to the beneficiaries of the revenues derived from state forest lands. Funds that accrue to the state from such a distribution shall be deposited into the salmon recovery account. These funds shall be used for a grant program for cities and counties for the preservation and restoration of riparian, marine, and estuarine areas. [2000 2nd sp.s. c 1 § 915; 1999 sp.s. c 13 § 18; 1998 c 347 § 55; 1988 c 128 § 31; 1985 c 57 § 75; 1977 ex.s. c 159 § 1; 1959 c 314 § 1; 1951 c 149 § 1; 1933 c 118 § 2; 1923 c 154 § 6; RRS § 5812-6.] Severability—Effective date—2000 2nd sp.s. c 1: See notes following RCW 41.05.143. Severability—Effective date—1999 sp.s. c 13: See notes following RCW 77.85.005. Effective date—1998 c 347: "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 3, 1998]." [1998 c 347 § 56.] Effective date—1985 c 57: See note following RCW 18.04.105. 76.12.120 Sales and leases of timber, timber land, or products thereon—Disposition of revenue. Except as provided in RCW 76.12.125, all land, acquired or designated by the department as state forest land, shall be forever reserved from sale, but the timber and other products thereon may be sold or the land may be leased in the same manner and for the same purposes as is authorized for state granted land if the department finds such sale or lease to be in the best interests of the state and approves the terms and conditions thereof. Except as provided in RCW 79.12.035, all money derived from the sale of timber or other products, or from lease, or from any other source from the land, except where the Constitution of this state or RCW 76.12.030 requires other disposition, shall be disposed of as follows: (1) Fifty percent shall be placed in the forest development account. (2) Fifty percent shall be prorated and distributed to the state general fund, to be dedicated for the benefit of the public schools, and the county in which the land is located according to the relative proportions of tax levies of all taxing districts in the county. The portion to be distributed to the state general fund shall be based on the regular school levy rate under RCW 84.52.065 as now or hereafter amended and the levy rate for any maintenance and operation special school levies. With regard to the portion to be distributed to the counties, the department shall certify to the state treasurer the amounts to be distributed within seven working days of receipt of the money. The state treasurer shall distribute funds to the counties four times per month, with no more than ten days between each payment date. The money distributed to the county shall be paid, distributed, and prorated to the various other funds in the same (2002 Ed.) 76.12.110 manner as general taxes are paid and distributed during the year of payment. [2000 c 148 § 2; 1998 c 71 § 2. Prior: 1988 c 128 § 32; 1988 c 70 § 1; 1980 c 154 § 11; 1971 ex.s. c 123 § 4; 1955 c 116 § 1; 1953 c 21 § 1; 1923 c 154 § 7; RRS § 5812-7.] Purpose—Effective dates—Savings—Disposition of certain funds— Severability—1980 c 154: See notes following chapter 82.45 RCW digest. Christmas trees—Cutting, breaking, removing: RCW 79.40.070 and 79.40.080. 76.12.125 Transfer, disposal of lands without public auction—Requirements. (1) With the approval of the board of natural resources, the department may directly transfer or dispose of lands acquired under this chapter without public auction, if such lands consist of ten contiguous acres or less, or have a value of twenty-five thousand dollars or less. Such disposal may only occur in the following circumstances: (a) Transfers in lieu of condemnation; and (b) Transfers to resolve trespass and property ownership disputes. (2) Real property to be transferred or disposed of under this section shall be transferred or disposed of only after appraisal and for at least fair market value, and only if such transaction is in the best interest of the state or affected trust. (3) The proceeds from real property transferred or disposed of under this section shall be deposited into the park land trust revolving fund and be solely used to buy replacement land within the same county as the property transferred or disposed. [2000 c 148 § 3.] 76.12.140 Logging of land—Rules and regulations— Penalty. Any lands acquired by the state under RCW 76.12.020, 76.12.030, 76.12.080, 76.12.090, 76.12.110, 76.12.120, and 76.12.140, or any amendments thereto, shall be logged, protected and cared for in such manner as to insure natural reforestation of such lands, and to that end the department shall have power, and it shall be its duty to make rules and regulations, and amendments thereto, governing logging operations on such areas, and to embody in any contract for the sale of timber on such areas, such conditions as it shall deem advisable, with respect to methods of logging, disposition of slashings, and debris, and protection and promotion of new forests. All such rules and regulations, or amendments thereto, shall be adopted by the department under chapter 34.05 RCW. Any violation of any such rules shall be a gross misdemeanor unless the department has specified by rule, when not inconsistent with applicable statutes, that violation of a specific rule is an infraction under chapter 7.84 RCW. [2000 c 11 § 10; 1988 c 128 § 33; 1987 c 380 § 17; 1927 c 288 § 3, part (adding a new section to 1923 c 154 § 3a); RRS § 5812-3a. Prior: 1921 c 169 § 2.] Effective date—Severability—1987 c 380: See RCW 7.84.900 and 7.84.901. 76.12.155 Record of proceedings, etc. The commissioner of public lands shall keep in his office in a permanent bound volume a record of all forest lands acquired by the state and any lands owned by the state and designated as such by the department. The record shall show the date and [Title 76 RCW—page 39] 76.12.155 Title 76 RCW: Forests and Forest Products from whom said lands were acquired; amount and method of payment therefor; the forest within which said lands are embraced; the legal description of such lands; the amount of money expended, if any, and the date thereof, for seeding, planting, maintenance or care for such lands; the amount, date and source of any income derived from such land; and such other information and data as may be required by the department. [1988 c 128 § 34; 1923 c 154 § 9; RRS § 5812-9. Formerly RCW 43.12.140.] intent of the legislature to foster and support the research and education necessary to provide sound scientific information on which to base sustainable forest and marine industries, and at the same time sustain the ecological values demanded by much of the public. [1991 c 316 § 1.] 76.12.160 Sale or exchange of tree seedling stock and tree seed—Provision of stock or seed to local governments or nonprofit organizations. The department is authorized to sell to or exchange with persons intending to restock forest areas, tree seedling stock and tree seed produced at the state nursery. The department may provide at cost, stock or seed to local governments or nonprofit organizations for urban tree planting programs consistent with the community and urban forestry program. [1993 c 204 § 7; 1988 c 128 § 35; 1947 c 67 § 1; Rem. Supp. 1947 § 5823-40.] 76.12.210 Olympic natural resources center— Purpose, programs. The Olympic natural resources center is hereby created at the University of Washington in the college of forest resources and the college of ocean and fishery sciences. The center shall maintain facilities and programs in the western portion of the Olympic Peninsula. Its purpose shall be to demonstrate innovative management methods which successfully integrate environmental and economic interests into pragmatic management of forest and ocean resources. The center shall combine research and educational opportunities with experimental forestry, oceans management, and traditional management knowledge into an overall program which demonstrates that management based on sound economic principles is made superior when combined with new methods of management based on ecological principles. The programs developed by the center shall include the following: (1) Research and education on a broad range of ocean resources problems and opportunities in the region, such as estuarine processes, ocean and coastal management, offshore development, fisheries and shellfish enhancement, and coastal business development, tourism, and recreation. In developing this component of the center’s program, the center shall collaborate with coastal educational institutions such as Grays Harbor community college and Peninsula community college; (2) Research and education on forest resources management issues on the landscape, ecosystem, or regional level, including issues that cross legal and administrative boundaries; (3) Research and education that broadly integrates marine and terrestrial issues, including interactions of marine, aquatic, and terrestrial ecosystems, and that identifies options and opportunities to integrate the production of commodities with the preservation of ecological values. Where appropriate, programs shall address issues and opportunities that cross legal and administrative boundaries; (4) Research and education on natural resources and their social and economic implications, and on alternative economic and social bases for sustainable, healthy, resourcebased communities; (5) Educational opportunities such as workshops, short courses, and continuing education for resource professionals, policy forums, information exchanges including international exchanges where appropriate, conferences, student research, and public education; and (6) Creation of a neutral forum where parties with diverse interests are encouraged to address and resolve their conflicts. [1991 c 316 § 2; 1989 c 424 § 4.] Findings—1993 c 204: See note following RCW 35.92.390. 76.12.170 Use of proceeds specified. All receipts from the sale of stock or seed shall be deposited in a state forest nursery revolving fund to be maintained by the department, which is hereby authorized to use all money in said fund for the maintenance of the state tree nursery or the planting of denuded state owned lands. [1988 c 128 § 36; 1947 c 67 § 2; RRS § 5823-41.] 76.12.180 Department-county agreements for improvement of access roads. The department of natural resources may enter into agreements with the county to: (1) Identify public roads used to provide access to state forest lands in need of improvement; (2) Establish a time schedule for the improvements; (3) Advance payments to the county to fund the road improvements: PROVIDED, That no more than fifty percent of the access road revolving fund shall be eligible for use as advance payments to counties. The department shall assess the fund on January 1 and July 1 of each year to determine the amount that may be used as advance payments to counties for road improvements; and (4) Determine the equitable distribution, if any, of costs of such improvements between the county and the state through negotiation of terms and conditions of any resulting repayment to the fund or funds financing the improvements. [1981 c 204 § 5.] 76.12.205 Olympic natural resources center— Finding, intent. The legislature finds that conflicts over the use of natural resources essential to the state’s residents, especially forest and ocean resources, have increased dramatically. There are growing demands that these resources be fully utilized for their commodity values, while simultaneously there are increased demands for protection and preservation of these same resources. While these competing demands are most often viewed as mutually exclusive, recent research has suggested that commodity production and ecological values can be integrated. It is the [Title 76 RCW—page 40] Severability—1991 c 316: "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." [1991 c 316 § 6.] Severability—1991 c 316: See note following RCW 76.12.205. Effective date—1989 c 424: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state (2002 Ed.) Reforestation government and its existing public institutions, and shall take effect July 1, 1989." [1989 c 424 § 13.] 76.12.220 Olympic natural resources center— Administration. The Olympic natural resources center shall operate under the authority of the board of regents of the University of Washington. It shall be administered by a director appointed jointly by the deans of the college of forest resources and the college of ocean and fishery sciences. The director shall be a member of the faculty of one of those colleges. The director shall appoint and maintain a scientific or technical committee, and other committees as necessary, to advise the director on the efficiency, effectiveness, and quality of the center’s activities. A policy advisory board consisting of eleven members shall be appointed by the governor to advise the deans and the director on policies for the center that are consistent with the purposes of the center. Membership on the policy advisory board shall broadly represent the various interests concerned with the purposes of the center, including state and federal government, environmental organizations, local community, timber industry, and Indian tribes. Service on boards and committees of the center shall be without compensation but actual travel expenses incurred in connection with service to the center may be reimbursed from appropriated funds in accordance with RCW 43.03.050 and 43.03.060. [1991 c 316 § 3.] Severability—1991 c 316: See note following RCW 76.12.205. 76.12.230 Olympic natural resources center— Funding—Contracts. The center may solicit gifts, grants, conveyances, bequests, and devises, whether real or personal property, or both, in trust or otherwise, to be directed to the center for carrying out the purposes of the center. The center may solicit contracts for work, financial and in-kind contributions, and support from private industries, interest groups, federal and state sources, and other sources. It may also use separately appropriated funds of the University of Washington for the center’s activities. [1991 c 316 § 4.] Severability—1991 c 316: See note following RCW 76.12.205. 76.12.240 Finding—Intent—Community and technical college forest reserve land base— Management—Disposition of revenue. (1) The legislature finds that the state’s community and technical colleges need a dedicated source of revenue to augment other sources of capital improvement funding. The intent of this section is to ensure that the forest land purchased under section 310, chapter 16, Laws of 1990 1st ex. sess. and known as the community and technical college forest reserve land base, is managed in perpetuity and in the same manner as state forest lands for sustainable commercial forestry and multiple use of lands consistent with RCW 79.68.050. These state lands will also be managed to provide an outdoor education and experience area for organized groups. The lands will provide a source of revenue for the long-term capital improvement needs of the state community and technical college system. (2) There has been increasing pressure to convert forest lands within areas of the state subject to population growth. Loss of forest land in urbanizing areas reduces the production of forest products and the available supply of open (2002 Ed.) 76.12.210 space, watershed protection, habitat, and recreational opportunities. The land known as the community and technical college forest reserve land base is forever reserved from sale. However, the timber and other products on the land may be sold, or the land may be leased in the same manner and for the same purposes as authorized for state granted lands if the department finds the sale or lease to be in the best interest of this forest reserve land base and approves the terms and conditions of the sale or lease. (3) The land exchange and acquisition powers provided in RCW 76.12.050 may be used by the department to reposition land within the community and technical college forest reserve land base consistent with subsection (1) of this section. (4) Up to twenty-five percent of the revenue from these lands, as determined by the board of natural resources, will be deposited in the forest development account to reimburse the forest development account for expenditures from the account for management of these lands. (5) The community college forest reserve account, created under section 310, chapter 16, Laws of 1990 1st ex. sess., is renamed the community and technical college forest reserve account. The remainder of the revenue from these lands must be deposited in the community and technical college forest reserve account. Money in the account may be appropriated by the legislature for the capital improvement needs of the state community and technical college system or to acquire additional forest reserve lands. [1996 c 264 § 1.] Chapter 76.13 STEWARDSHIP OF NONINDUSTRIAL FORESTS AND WOODLANDS Sections 76.13.005 76.13.007 76.13.010 76.13.020 76.13.030 76.13.100 76.13.110 76.13.120 76.13.130 76.13.140 Finding. Purpose. Definitions. Authority. Funding sources—Fees—Contracts. Findings. Small forest landowner office—Establishment—Duties— Advisory committee—Report to the legislature. Findings—Definitions—Forestry riparian easement program. Small parcels—Alternative management plans. Small forest landowners—Value of buffer trees. 76.13.005 Finding. The legislature hereby finds and declares that: (1) Over half of the private forest and woodland acreage in Washington is owned by landowners with less than five thousand acres who are not in the business of industrial handling or processing of timber products. (2) Nonindustrial forests and woodlands are absorbing more demands and impacts on timber, fish, wildlife, water, recreation, and aesthetic resources, due to population growth and a shrinking commercial forest land base. (3) Nonindustrial forests and woodlands provide valuable habitat for many of the state’s numerous fish, wildlife, and plant species, including some threatened and endangered species, and many habitats can be protected and improved through knowledgeable forest resource stewardship. [Title 76 RCW—page 41] 76.13.005 Title 76 RCW: Forests and Forest Products (4) Providing for long-term stewardship of nonindustrial forests and woodlands in growth areas and rural areas is an important factor in maintaining Washington’s special character and quality of life. (5) In order to encourage and maintain nonindustrial forests and woodlands for their present and future benefit to all citizens, Washington’s nonindustrial forest and woodland owners’ long-term commitments to stewardship of forest resources must be recognized and supported by the citizens of Washington state. [1991 c 27 § 1.] 76.13.007 Purpose. The purpose of this chapter is to: (1) Promote the coordination and delivery of services with federal, state, and local agencies, colleges and universities, landowner assistance organizations, consultants, forest resource-related industries and environmental organizations to nonindustrial forest and woodland owners. (2) Facilitate the production of forest products, enhancement of wildlife and fisheries, protection of streams and wetlands, culturing of special plants, availability of recreation opportunities and the maintenance of scenic beauty for the enjoyment and benefit of nonindustrial forest and woodland owners and the citizens of Washington by meeting the landowners’ stewardship objectives. [1991 c 27 § 2.] 76.13.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply to RCW 76.13.005, 76.13.007, 76.13.020, and 76.13.030. (1) "Cooperating organization" means federal, state, and local agencies, colleges and universities, landowner assistance organizations, consultants, forest resource-related industries, and environmental organizations which promote and maintain programs designed to provide information and technical assistance services to nonindustrial forest and woodland owners. (2) "Department" means the department of natural resources. (3) "Landowner" means an individual, partnership, private, public or municipal corporation, Indian tribe, state agency, county, or local government entity, educational institution, or association of individuals of whatever nature that own nonindustrial forests and woodlands. (4) "Nonindustrial forests and woodlands" are those suburban acreages and rural lands supporting or capable of supporting trees and other flora and fauna associated with a forest ecosystem, comprised of total individual land ownerships of less than five thousand acres and not directly associated with wood processing or handling facilities. (5) "Stewardship" means managing by caring for, promoting, protecting, renewing, or reestablishing or both, forests and associated resources for the benefit of the landowner, the natural resources and the citizens of Washington state, in accordance with each landowner’s objectives, best management practices, and legal requirements. [2000 c 11 § 11; 1999 sp.s. c 4 § 502; 1991 c 27 § 3.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 76.13.020 Authority. In order to accomplish the purposes stated in RCW 76.13.007, the department may: [Title 76 RCW—page 42] (1) Establish and maintain a nonindustrial forest and woodland owner assistance program, and through such a program, assist nonindustrial forest and woodland owners in meeting their stewardship objectives. (2) Provide direct technical assistance through development of management plans, advice, and information to nonindustrial forest land owners to meet their stewardship objectives. (3) Assist and facilitate efforts of cooperating organizations to provide stewardship education, information, technical assistance, and incentives to nonindustrial forest and woodland owners. (4) Provide financial assistance to landowners and cooperating organizations. (5) Appoint a stewardship advisory committee to assist in establishing and operating this program. (6) Loan or rent surplus equipment to assist cooperating organizations and nonindustrial forest and woodland owners. (7) Work with local governments to explain the importance of maintaining nonindustrial forests and woodlands. (8) Take such other steps as are necessary to carry out the purposes of this chapter. [1991 c 27 § 4.] 76.13.030 Funding sources—Fees—Contracts. The department may: (1) Receive and disburse any and all moneys contributed, allotted, or paid by the United States under authority of any act of congress for the purposes of this chapter. (2) Receive such gifts, grants, bequests, and endowments and donations of moneys, labor, material, seedlings, and equipment from public or private sources as may be made for the purpose of carrying out the provisions of this chapter and may spend the gifts, grants, bequests, endowments, and donations as well as other moneys from public or private sources according to their terms. (3) Charge fees for attendance at workshops and conferences, for various publications and other materials which the department may prepare. (4) Enter into contracts with cooperating organizations having responsibility to carry out programs of similar purposes to this chapter. [1991 c 27 § 5.] 76.13.100 Findings. (1) The legislature finds that increasing regulatory requirements continue to diminish the economic viability of small forest landowners. The concerns set forth in *RCW 75.46.300 about the importance of sustaining forestry as a viable land use are particularly applicable to small landowners because of the location of their holdings, the expected complexity of the regulatory requirements, and the need for significant technical expertise not readily available to small landowners. The further reduction in harvestable timber owned by small forest landowners as a result of the rules to be adopted under RCW 76.09.055 will further erode small landowners’ economic viability and willingness or ability to keep the lands in forestry use and, therefore, reduce the amount of habitat available for salmon recovery and conservation of other aquatic resources, as defined in RCW 76.09.020. (2) The legislature finds that the concerns identified in subsection (1) of this section should be addressed by establishing within the department of natural resources a (2002 Ed.) Stewardship of Nonindustrial Forests and Woodlands small forest landowner office that shall be a resource and focal point for small forest landowner concerns and policies. The legislature further finds that a forestry riparian easement program shall be established to acquire easements from small landowners along riparian and other areas of value to the state for protection of aquatic resources. The legislature further finds that small forest landowners should have the option of alternate management plans or alternate harvest restrictions on smaller harvest units that may have a relatively low impact on aquatic resources. The small forest landowner office should be responsible for assisting small landowners in the development and implementation of these plans or restrictions. [1999 sp.s. c 4 § 501.] *Reviser’s note: RCW 75.46.300 was recodified as RCW 77.85.180 pursuant to 2000 c 107 § 135. Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 76.13.110 Small forest landowner office— Establishment—Duties—Advisory committee—Report to the legislature. (1) The department of natural resources shall establish and maintain a small forest landowner office. The small forest landowner office shall be a resource and focal point for small forest landowner concerns and policies, and shall have significant expertise regarding the management of small forest holdings, governmental programs applicable to such holdings, and the forestry riparian easement program. (2) The small forest landowner office shall administer the provisions of the forestry riparian easement program created under RCW 76.13.120. (3) The small forest landowner office shall assist in the development of small landowner options through alternate management plans or alternate harvest restrictions appropriate to small landowners. The small forest landowner office shall develop criteria to be adopted by the forest practices board in rules and a manual for alternate management plans or alternate harvest restrictions. These alternate plans or alternate harvest restrictions shall meet riparian functions while requiring less costly regulatory prescriptions. At the landowner’s option, alternate plans or alternate harvest restrictions may be used to further meet riparian functions. The small forest landowner office shall evaluate the cumulative impact of such alternate management plans or alternate harvest restrictions on essential riparian functions at the subbasin or watershed level. The small forest landowner office shall adjust future alternate management plans or alternate harvest restrictions in a manner that will minimize the negative impacts on essential riparian functions within a subbasin or watershed. (4) An advisory committee is established to assist the small forest landowner office in developing policy and recommending rules to the forest practices board. The advisory committee shall consist of seven members, including a representative from the department of ecology, the department of fish and wildlife, and a tribal representative. Four additional committee members shall be small forest landowners who shall be appointed by the commissioner of public lands from a list of candidates submitted by the board of directors of the Washington farm forestry association or its successor organization. The association shall submit more than one candidate for each position. The commission(2002 Ed.) 76.13.100 er shall designate two of the initial small forest landowner appointees to serve five-year terms and the other two small forest landowner appointees to serve four-year terms. Thereafter, appointees shall serve for a term of four years. The small forest landowner office shall review draft rules or rule concepts with the committee prior to recommending such rules to the forest practices board. The office shall reimburse nongovernmental committee members for reasonable expenses associated with attending committee meetings as provided in RCW 43.03.050 and 43.03.060. (5) By December 1, 2002, the small forest landowner office shall provide a report to the board and the legislature containing: (a) Estimates of the amounts of nonindustrial forests and woodlands in holdings of twenty acres or less, twenty-one to one hundred acres, one hundred to one thousand acres, and one thousand to five thousand acres, in western Washington and eastern Washington, and the number of persons having total nonindustrial forest and woodland holdings in those size ranges; (b) Estimates of the number of parcels of nonindustrial forests and woodlands held in contiguous ownerships of twenty acres or less, and the percentages of those parcels containing improvements used: (i) As primary residences for half or more of most years; (ii) as vacation homes or other temporary residences for less than half of most years; and (iii) for other uses; (c) The watershed administrative units in which significant portions of the riparian areas or total land area are nonindustrial forests and woodlands; (d) Estimates of the number of forest practices applications and notifications filed per year for forest road construction, silvicultural activities to enhance timber growth, timber harvest not associated with conversion to nonforest land uses, with estimates of the number of acres of nonindustrial forests and woodlands on which forest practices are conducted under those applications and notifications; and (e) Recommendations on ways the board and the legislature could provide more effective incentives to encourage continued management of nonindustrial forests and woodlands for forestry uses in ways that better protect salmon, other fish and wildlife, water quality, and other environmental values. (6) By December 1, 2004, and every four years thereafter, the small forest landowner office shall provide to the board and the legislature an update of the report described in subsection (5) of this section, containing more recent information and describing: (a) Trends in the items estimated under subsection (5)(a) through (d) of this section; (b) Whether, how, and to what extent the forest practices act and rules contributed to those trends; and (c) Whether, how, and to what extent: (i) The board and legislature implemented recommendations made in the previous report; and (ii) implementation of or failure to implement those recommendations affected those trends. [2002 c 120 § 1; 2001 c 280 § 1; 2000 c 11 § 12; 1999 sp.s. c 4 § 503.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. [Title 76 RCW—page 43] 76.13.120 Title 76 RCW: Forests and Forest Products 76.13.120 Findings—Definitions—Forestry riparian easement program. (1) The legislature finds that the state should acquire easements along riparian and other sensitive aquatic areas from small forest landowners willing to sell or donate such easements to the state provided that the state will not be required to acquire such easements if they are subject to unacceptable liabilities. The legislature therefore establishes a forestry riparian easement program. (2) The definitions in this subsection apply throughout this section and RCW 76.13.100 and 76.13.110 unless the context clearly requires otherwise. (a) "Forestry riparian easement" means an easement covering qualifying timber granted voluntarily to the state by a small forest landowner. (b) "Qualifying timber" means those trees covered by a forest practices application that the small forest landowner is required to leave unharvested under the rules adopted under RCW 76.09.055 and 76.09.370 or that is made uneconomic to harvest by those rules, and for which the small landowner is willing to grant the state a forestry riparian easement. "Qualifying timber" is timber within or bordering a commercially reasonable harvest unit as determined under rules adopted by the forest practices board, or timber for which an approved forest practices application for timber harvest cannot be obtained because of restrictions under the forest practices rules. (c) "Small forest landowner" means a landowner meeting all of the following characteristics: (i) A forest landowner as defined in RCW 76.09.020 whose interest in the land and timber is in fee or who has rights to the timber to be included in the forestry riparian easement that extend at least fifty years from the date the forest practices application associated with the easement is submitted; (ii) an entity that has harvested from its own lands in this state during the three years prior to the year of application an average timber volume that would qualify the owner as a small harvester under RCW 84.33.035; and (iii) an entity that certifies at the time of application that it does not expect to harvest from its own lands more than the volume allowed by RCW 84.33.035 during the ten years following application. If a landowner’s prior three-year average harvest exceeds the limit of RCW 84.33.035, or the landowner expects to exceed this limit during the ten years following application, and that landowner establishes to the department of natural resources’ reasonable satisfaction that the harvest limits were or will be exceeded to raise funds to pay estate taxes or equally compelling and unexpected obligations such as court-ordered judgments or extraordinary medical expenses, the landowner shall be deemed to be a small forest landowner. For purposes of determining whether a person qualifies as a small forest landowner, the small forest landowner office, created in RCW 76.13.110, shall evaluate the landowner under this definition as of the date that the forest practices application is submitted or the date the landowner notifies the department that the harvest is to begin with which the forestry riparian easement is associated. A small forest landowner can include an individual, partnership, corporate, or other nongovernmental legal entity. If a landowner grants timber rights to another entity for less than five years, the landowner may still qualify as a small forest landowner under this section. If a landowner is unable to obtain an approved forest practices application for timber [Title 76 RCW—page 44] harvest for any of his or her land because of restrictions under the forest practices rules, the landowner may still qualify as a small forest landowner under this section. (d) "Completion of harvest" means that the trees have been harvested from an area and that further entry into that area by mechanized logging or slash treating equipment is not expected. (3) The department of natural resources is authorized and directed to accept and hold in the name of the state of Washington forestry riparian easements granted by small forest landowners covering qualifying timber and to pay compensation to such landowners in accordance with subsections (6) and (7) of this section. The department of natural resources may not transfer the easements to any entity other than another state agency. (4) Forestry riparian easements shall be effective for fifty years from the date the forest practices application associated with the qualifying timber is submitted to the department of natural resources, unless the easement is terminated earlier by the department of natural resources voluntarily, based on a determination that termination is in the best interest of the state, or under the terms of a termination clause in the easement. (5) Forestry riparian easements shall be restrictive only, and shall preserve all lawful uses of the easement premises by the landowner that are consistent with the terms of the easement and the requirement to protect riparian functions during the term of the easement, subject to the restriction that the leave trees required by the rules to be left on the easement premises may not be cut during the term of the easement. No right of public access to or across, or any public use of the easement premises is created by this statute or by the easement. Forestry riparian easements shall not be deemed to trigger the compensating tax of or otherwise disqualify land from being taxed under chapter 84.33 or 84.34 RCW. (6) Upon application of a small forest landowner for a riparian easement that is associated with a forest practices application and the landowner’s marking of the qualifying timber on the qualifying lands, the small forest landowner office shall determine the compensation to be offered to the small forest landowner as provided for in this section. The small forest landowner office shall also determine the compensation to be offered to a small forest landowner for qualifying timber for which an approved forest practices application for timber harvest cannot be obtained because of restrictions under the forest practices rules. The legislature recognizes that there is not readily available market transaction evidence of value for easements of this nature, and thus establishes the following methodology to ascertain the value for forestry riparian easements. Values so determined shall not be considered competent evidence of value for any other purpose. The small forest landowner office shall establish the volume of the qualifying timber. Based on that volume and using data obtained or maintained by the department of revenue under RCW 84.33.074 and 84.33.091, the small forest landowner office shall attempt to determine the fair market value of the qualifying timber as of the date the forest practices application associated with the qualifying timber was submitted or the date the landowner notifies the department that the harvest is to begin. Removal of any (2002 Ed.) Stewardship of Nonindustrial Forests and Woodlands qualifying timber before the expiration of the easement must be in accordance with the forest practices rules and the terms of the easement. There shall be no reduction in compensation for reentry. (7) Except as provided in subsection (8) of this section, the small forest landowner office shall, subject to available funding, offer compensation to the small forest landowner in the amount of fifty percent of the value determined in subsection (6) of this section, plus the compliance and reimbursement costs as determined in accordance with RCW 76.13.140. If the landowner accepts the offer for qualifying timber that will be harvested pursuant to an approved forest practices application, the department of natural resources shall pay the compensation promptly upon (a) completion of harvest in the area covered by the forestry riparian easement; (b) verification that there has been compliance with the rules requiring leave trees in the easement area; and (c) execution and delivery of the easement to the department of natural resources. If the landowner accepts the offer for qualifying timber for which an approved forest practices application for timber harvest cannot be obtained because of restrictions under the forest practices rules, the department of natural resources shall pay the compensation promptly upon (i) verification that there has been compliance with the rules requiring leave trees in the easement area; and (ii) execution and delivery of the easement to the department of natural resources. Upon donation or payment of compensation, the department of natural resources may record the easement. (8) For approved forest practices applications where the regulatory impact is greater than the average percentage impact for all small landowners as determined by the department of natural resources analysis under the regulatory fairness act, chapter 19.85 RCW, the compensation offered will be increased to one hundred percent for that portion of the regulatory impact that is in excess of the average. Regulatory impact includes trees left in buffers, special management zones, and those rendered uneconomic to harvest by these rules. A separate average or high impact regulatory threshold shall be established for western and eastern Washington. Criteria for these measurements and payments shall be established by the small forest landowner office. (9) The forest practices board shall adopt rules under the administrative procedure act, chapter 34.05 RCW, to implement the forestry riparian easement program, including the following: (a) A standard version or versions of all documents necessary or advisable to create the forestry riparian easements as provided for in this section; (b) Standards for descriptions of the easement premises with a degree of precision that is reasonable in relation to the values involved; (c) Methods and standards for cruises and valuation of forestry riparian easements for purposes of establishing the compensation. The department of natural resources shall perform the timber cruises of forestry riparian easements required under this chapter and chapter 76.09 RCW. Any rules concerning the methods and standards for valuations of forestry riparian easements shall apply only to the department of natural resources, small forest landowners, and the small forest landowner office; (2002 Ed.) 76.13.120 (d) A method to determine that a forest practices application involves a commercially reasonable harvest, and adopt criteria for entering into a forest riparian easement where a commercially reasonable harvest is not possible or a forest practices application that has been submitted cannot be approved because of restrictions under the forest practices rules; (e) A method to address blowdown of qualified timber falling outside the easement premises; (f) A formula for sharing of proceeds in relation to the acquisition of qualified timber covered by an easement through the exercise or threats of eminent domain by a federal or state agency with eminent domain authority, based on the present value of the department of natural resources’ and the landowner’s relative interests in the qualified timber; (g) High impact regulatory thresholds; (h) A method to determine timber that is qualifying timber because it is rendered uneconomic to harvest by the rules adopted under RCW 76.09.055 and 76.09.370; and (i) A method for internal department of natural resources review of small forest landowner office compensation decisions under subsection (7) of this section. [2002 c 120 § 2; 2001 c 280 § 2; 2000 c 11 § 13; 1999 sp.s. c 4 § 504.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 76.13.130 Small parcels—Alternative management plans. On parcels of twenty contiguous acres or less, landowners with a total parcel ownership of less than eighty acres shall not be required to leave riparian buffers adjacent to streams according to forest practices rules adopted under the forests and fish report as defined in RCW 76.09.020. These landowners shall be subject to the permanent forest practices rules in effect as of January 1, 1999, but may additionally be required to leave timber adjacent to streams that is equivalent to no greater than fifteen percent of a volume of timber contained in a stand of well managed fifty-year old commercial timber covering the harvest area. The additional fifteen percent leave tree level shall be computed as a rotating stand volume and shall be regulated through flexible forest practices as the stream buffer is managed over time to meet riparian functions. On parcels of twenty contiguous acres or less the small forest landowner office shall work with landowners with a total parcel ownership of less than eighty acres to develop alternative management plans for riparian buffers. Such alternative plans shall provide for the removal of leave trees as other new trees grow in order to ensure the most effective protection of critical riparian function. The office may recommend reasonable modifications in alternative management plans of such landowners to further reduce risks to public resources and endangered species so long as the anticipated operating costs are not unreasonably increased and the landowner is not required to leave a greater volume than the threshold level. To qualify for the provisions of this section, parcels must be twenty acres or less in contiguous ownership, and owners cannot have ownership interests in a total of more than eighty acres of forest lands within the state. [1999 sp.s. c 4 § 505.] Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. [Title 76 RCW—page 45] 76.13.140 Title 76 RCW: Forests and Forest Products 76.13.140 Small forest landowners—Value of buffer trees. In order to assist small forest landowners to remain economically viable, the legislature intends that the small forest landowners be able to net fifty percent of the value of the trees left in the buffer areas. The amount of compensation offered in RCW 76.13.120 shall also include the compliance costs for participation in the riparian easement program. For purposes of this section, "compliance costs" includes the cost of preparing and recording the easement, and any business and occupation tax and real estate excise tax imposed because of entering into the easement. The office may contract with private consultants that the office finds qualified to perform timber cruises of forestry riparian easements or to lay out streamside buffers and comply with other forest and fish regulatory requirements related to the forest riparian easement program. The department shall reimburse small forest landowners for the actual costs incurred for laying out the streamside buffers and marking the qualifying timber once a contract has been executed for the forestry riparian easement program. Reimbursement is subject to the work being acceptable to the department. The small forest landowner office shall determine how the reimbursement costs will be calculated. [2002 c 120 § 3; 2001 c 280 § 3.] Chapter 76.14 FOREST REHABILITATION Sections 76.14.010 76.14.020 76.14.030 76.14.040 76.14.050 76.14.051 76.14.060 76.14.070 76.14.080 76.14.090 76.14.100 76.14.110 76.14.120 76.14.130 Definitions. Yacolt burn designated high hazard area—Rehabilitation required. Administration. Duties. Firebreaks—Powers of department—Grazing lands. Firebreaks—Preexisting agreements not altered. Powers and duties—Private lands. Powers and duties—Expenditure of public funds. Fire protection projects—Assessments—Payment. Fire protection projects—Notice—Hearing. Fire protection projects—Collection of assessments. Fire protection projects—Credit on assessment for private expenditure. Landowner’s responsibility under other laws. Lands not to be included in project. 76.14.010 Definitions. As used in this chapter: (1) "Department" means the department of natural resources; (2) "Forest land" means any lands considered best adapted for the growing of trees; and (3) The term "owner" means and includes individuals, partnerships, corporations, associations, federal land managing agencies, state of Washington, counties, municipalities, and other forest landowners. [2000 c 11 § 14; 1988 c 128 § 37; 1953 c 74 § 2.] 76.14.020 Yacolt burn designated high hazard area—Rehabilitation required. The Yacolt burn situated in Clark, Skamania, and Cowlitz counties in townships 2, 3, 4, 5, 6 and 7 north, ranges 3, 4, 5, 6, 7, 7 1/2 and 8 east is hereby designated a high hazard forest area requiring rehabilitation by the establishment of extensive protection [Title 76 RCW—page 46] facilities and by the restocking of denuded areas artificially to restore the productivity of the land. [1953 c 74 § 1.] 76.14.030 Administration. This chapter shall be administered by the department. [1988 c 128 § 38; 1953 c 74 § 3.] 76.14.040 Duties. The department shall use funds placed at its disposal to map, survey, fell snags, build firebreaks and access roads, increase forest protection activities and do all work deemed necessary to protect forest lands from fire in the rehabilitation zone, and to perform reforestation and do other improvement work on state lands in the rehabilitation zone. [1988 c 128 § 39; 1955 c 171 § 1; 1953 c 74 § 4.] 76.14.050 Firebreaks—Powers of department— Grazing lands. The department is authorized to cooperate with owners of land located in the area described in RCW 76.14.020 in establishing firebreaks in their most logical position regardless of land ownership. The department may by gift, purchase, condemnation or otherwise acquire easements for road rights of way and land or interests therein located in the high hazard forest area described in RCW 76.14.020 for any purpose deemed necessary for access for forest protection, reforestation, development and utilization, and for access to state owned lands within the area described in RCW 76.14.020 for all other purposes, and the department shall have authority to regulate the use thereof. When the landowner is using the land for agricultural grazing purposes the state shall maintain gates or adequate cattle guards at each place the road enters upon the private landowner’s fenced lands. [1988 c 128 § 40; 1975 1st ex.s. c 101 § 1; 1955 c 171 § 2; 1953 c 74 § 5.] 76.14.051 Firebreaks—Preexisting agreements not altered. Nothing in the provisions of RCW 76.14.050 as now or hereafter amended shall be construed to otherwise alter the terms of any existing agreements heretofore entered into by the state and private parties under the authority of RCW 76.14.050 as now or hereafter amended. [1975 1st ex.s. c 101 § 2.] 76.14.060 Powers and duties—Private lands. The department shall have authority to acquire the right by purchase, condemnation or otherwise to cause snags on private land to be felled, slash to be disposed of, and to take such other measures on private land necessary to carry out the objectives of this chapter. [1988 c 128 § 41; 1955 c 171 § 3.] 76.14.070 Powers and duties—Expenditure of public funds. The department shall have authority to expend public money for the purposes and objectives provided in this chapter. [1988 c 128 § 42; 1955 c 171 § 4.] 76.14.080 Fire protection projects—Assessments— Payment. The department shall develop fire protection projects within the high hazard forest area and shall determine the boundaries thereof in accordance with the lands (2002 Ed.) Forest Rehabilitation benefited thereby and shall assess one-sixth of the cost of such projects equally upon all forest lands within the project on an acreage basis. Such assessment shall not, however, exceed twenty-five cents per acre annually nor more than one dollar and fifty cents per acre in the aggregate and shall constitute a lien upon any forest products harvested therefrom. The landowner may by written notice to the department elect to pay his assessment on a deferred basis at a rate of ten cents per thousand board feet and/or one cent per Christmas tree when these products are harvested from the lands for commercial use until the assessment plus two percent interest from the date of completion of each project has been paid for each acre. Payments under the deferred plan shall be credited by forty acre tracts and shall be first applied to payment of the assessment against the forty acre tract from which the funds were derived and secondly to other forty acre tracts held and designated by the payor. In the event total ownership is less than forty acres then payment shall be applied on an undivided basis to the entire areas as to which the assessment remains unpaid. The landowner who elects to pay on deferred basis may pay any unpaid assessment and interest at any time. [1988 c 128 § 43; 1955 c 171 § 5.] 76.14.090 Fire protection projects—Notice— Hearing. Notice of each project, the estimated assessment per acre and a description of the boundaries thereof shall be given by publication in a local newspaper of general circulation thirty days in advance of commencing work. Any person owning land within the project may within ten days after publication of notice demand a hearing before the department in Olympia and present any reasons why he feels the assessment should not be made upon his land. Thereafter, the department may change the boundaries of said project to eliminate land from the project which it determines in its discretion will not be benefited by the project. [1988 c 128 § 44; 1955 c 171 § 6.] 76.14.100 Fire protection projects—Collection of assessments. Except when the owner has notified the department in writing that he will make payment on the deferred plan, the assessment shall be collected by the department reporting the same to the county assessor of the county in which the property is situated upon completion of the work in that project and the assessor shall annually extend the amounts upon the tax rolls covering the property, and the amounts shall be collected in the same manner, by the same procedure, and with the same penalties attached as the next general state and county taxes on the same property are collected. Errors in assessments may be corrected at any time by the department by certifying them to the treasurer of the county in which the land involved is situated. Upon the collection of such assessments the county treasurer shall transmit them to the department. Payment on the deferred plan shall be made directly to the department. Such payment must be made by January 31st for any timber or Christmas trees harvested during the previous calendar year and must be accompanied by a statement of the amount of timber or number of Christmas trees harvested and the legal description of the property from which they were harvested. Whenever an owner paying on the deferred plan desires to (2002 Ed.) 76.14.080 pay any unpaid balance or portion thereof, he may make direct payment to the department. [1988 c 128 § 45; 1955 c 171 § 7.] Collection of taxes: Chapter 84.56 RCW. 76.14.110 Fire protection projects—Credit on assessment for private expenditure. Where the department finds that a portion of the work in any project, except road building, has been done by private expenditures for fire protection purposes only and that the work was not required by other forestry laws having general application, then the department shall appraise the work on the basis of what it would have cost the state and shall credit the amount of the appraisal toward payment of any sums assessed against lands contained in the project and owned by the person or his predecessors in title making the expenditure. Such appraisal shall be added to the cost of the project for purposes of determining the general assessment. [1988 c 128 § 46; 1955 c 171 § 8.] 76.14.120 Landowner’s responsibility under other laws. This chapter shall not relieve the landowner of providing adequate fire protection for forest land pursuant to RCW 76.04.610 or, in lieu thereof, of paying the forest fire protection assessment specified, but shall be deemed as providing solely for extra fire protection needed in the extrahazardous fire area. [1986 c 100 § 56; 1955 c 171 § 9.] 76.14.130 Lands not to be included in project. Projects pursuant to RCW 76.14.080 shall not be developed to include lands outside the following described boundary within the high hazard forest areas: Beginning at a point on the east boundary of section 24, township 4 north, range 4 east 1/4 mile south of the northeast corner; thence west 1/4 mile; south 1/16 mile; west 1/4 mile; north 1/16 mile; west 1/2 mile; south 1/8 mile; west 1/4 mile; south 1/8 mile; west 1/2 mile; south 1/16 mile; west 1/8 mile; south 1/16 mile; west 1/8 mile; south 1/16 mile; west 1/2 mile; south 1/16 mile; west 3/4 mile; north 1/16 mile; west 1/4 mile; north 1/16 mile; west 1/2 mile; north 1/16 mile; west 1/4 mile; north 1/16 mile; west 1 3/4 miles to the west quarter corner of section 19, township 4 north, range 4 east. Thence north 1/4 mile; west 1/4 mile; north 1/8 mile; west 1/8 mile; north 1/8 mile; west 1/16 mile; north 1/4 mile; west 1/16 mile; north 1/8 mile; west 1/8 mile; north 1/8 mile; west 3/16 mile; south 1/8 mile; west 3/16 mile; south 1/8 mile; east 3/16 mile; south 1/4 mile; west 2 3/16 miles; south 1/8 mile; west 1/8 mile; south 1/4 mile; east 1/8 mile; south 1/16 mile; east 1/4 mile; south 3/16 mile; east 3/8 mile; south 1/8 mile; east 1/8 mile; south 1/16 mile; east 3/16 mile; south 7/16 mile; west 3/16 mile; south 1/4 mile; west 3/16 mile; south 1/4 mile; east 15/16 mile; south 1/4 mile; east 1/4 mile; south 1/4 mile; east 1/4 mile; south 3/4 mile; to the southwest corner of section 36, township 4 north, range 3 east. Thence west 3/8 mile; south 1/8 mile; east 1/8 mile; south 1/2 mile; west 1/8 mile; south 3/8 mile; west 1/8 mile; south 1/4 mile; west 1/4 mile; south 1/2 mile; west 1/8 mile; south 1/4 mile; east 3/8 mile; south 7/16 mile; west 1/4 mile; south 1/16 mile; west 1/4 mile; south 1/2 mile; west 1/8 mile; south 1/4 mile; east 1/8 mile; south 1/16 mile; west 1/4 mile; south 1/4 mile; east 1/2 mile; south 3/16 mile; east 1/4 mile; [Title 76 RCW—page 47] 76.14.130 Title 76 RCW: Forests and Forest Products south 1/16 mile; east 7/16 mile; south 3/16 mile; east 9/16 mile; south 1/4 mile; east 1/16 mile; south 1/4 mile; east 1/16 mile; south 1/8 mile; east 1/8 mile; south 1/8 mile; west 1/16 mile; south 5/8 mile; west 3/16 mile; south 1/16 mile; east 1/4 mile; south 1/16 mile; east 1/8 mile; south 3/16 mile; west 1/8 mile; south 1/16 mile; west 11/16 mile; south 3/16 mile; east 15/16 mile, being 1/16 mile north of the southeast corner of section 36, township 3 north, range 3 east. Thence east 1 mile; south 1/16 mile; west 7/8 mile; south 1/8 mile; east 1/4 mile; south 1/4 mile; west 1/8 mile; south 1/8 mile; west 3/16 mile; south 1/4 mile; west 7/16 mile; north 1/8 mile; west 1/8 mile; south 1/8 mile; west 5/16 mile; south 1/4 mile; west 3/16 mile; south 1/16 mile; east 1/2 mile; north 1/16 mile; east 1/4 mile; south 1/8 mile; east 1/8 mile; north 1/8 mile; east 1/8 mile being the southeast corner of section 1, township 2 north, range 3 east. Thence south 1/4 mile; east 1/4 mile; south 1/16 mile; east 1/4 mile; south 1/16 mile; east 1/4 mile; south 1/8 mile; east 1/8 mile; north 1/8 mile; east 3/8 mile; south 1/8 mile; east 1/16 mile; north 1/4 mile; east 7/16 mile; north 1/8 mile; east 9/16 mile; south 1/4 mile; west 1/16 mile; south 1/8 mile; west 1/8 mile; south 1/8 mile; west 1/8 mile; south 1/8 mile; west 1/16 mile; south 1/4 mile; west 1/16 mile; south 1/8 mile; west 1/8 mile; south 1/16 mile; west 1/4 mile; south 5/16 mile; to the center of section 17, township 2 north, range 4 east. Thence east 1 mile; south 1/16 mile; east 2 miles; north 1/16 mile; east 1 1/2 miles; to the east quarter corner of section 13, township 2 north, range 4 east. Thence easterly 9 miles following Bonneville Power Administration’s power transmission line through sections 18, 17, 16, 15, 14 and 13, township 2 north, range 5 east and sections 18, 17 and 16, township 2 north, range 6 east to the southeast corner of section 16, township 2 north, range 6 east. Thence easterly 3 3/4 miles; north 1 1/4 miles; east 1/4 mile; north 2 1/4 miles; west 3/4 mile; north 1 1/2 miles; east 3/4 mile; north 1/2 mile; east 1 mile; north 1/2 mile; east 1 mile; north 1 mile; east 2 miles; south 1 mile; east 1 mile; north 3 miles; to the northeast corner of section 1, township 3 north, range 7 east. Thence west 4 miles; south 1 mile; west 2 miles; north 1/2 mile; west 2 miles; south 1/2 mile; west 1 mile; south 1/2 mile; west 2 miles; north 1 1/2 miles; west 1 mile; south 1 mile; west 2 miles; south 1 1/2 miles; east 1 mile; south 1/2 mile; west 1 mile; south 1/2 mile; west 1/2 mile; south 1/2 mile; west 3 1/2 miles to the northwest corner of section 30, township 3 north, range 5 east. Thence north along Gifford Pinchot National Forest boundary to the point of beginning. [1955 c 171 § 10.] Chapter 76.15 COMMUNITY AND URBAN FORESTRY Sections 76.15.005 76.15.007 76.15.010 76.15.020 76.15.030 76.15.040 76.15.050 76.15.060 Finding. Purpose. Definitions. Authority. Funding sources—Fees—Contracts. Primary duty, department’s—Cooperation. Agreements for urban tree planting. Urban tree planting to be encouraged. [Title 76 RCW—page 48] 76.15.005 Finding. (1) Trees and other woody vegetation are a necessary and important part of community and urban environments. Community and urban forests have many values and uses including conserving energy, reducing air and water pollution and soil erosion, contributing to property values, attracting business, reducing glare and noise, providing aesthetic and historical values, providing wood products, and affording comfort and protection for humans and wildlife. (2) As urban and community areas in Washington state grow, the need to plan for and protect community and urban forests increases. Cities and communities benefit from assistance in developing and maintaining community and urban forestry programs that also address future growth. (3) Assistance and encouragement in establishment, retention, and enhancement of these forests and trees by local governments, citizens, organizations, and professionals are in the interest of the state based on the contributions these forests make in preserving and enhancing the quality of life of Washington’s municipalities and counties while providing opportunities for economic development. [1991 c 179 § 1.] 76.15.007 Purpose. The purpose of this chapter is to: (1) Encourage planting and maintenance and management of trees in the state’s municipalities and counties and maximize the potential of tree and vegetative cover in improving the quality of the environment. (2) Encourage the coordination of state and local agency activities and maximize citizen participation in the development and implementation of community and urban forestryrelated programs. (3) Foster healthy economic activity for the state’s community and urban forestry-related businesses through cooperative and supportive contracts with the private business sector. (4) Facilitate the creation of employment opportunities related to community and urban forestry activities including opportunities for inner city youth to learn teamwork, resource conservation, environmental appreciation, and job skills. (5) Provide meaningful voluntary opportunities for the state’s citizens and organizations interested in community and urban forestry activities. [1991 c 179 § 2.] 76.15.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Community and urban forest" is that land in and around human settlements ranging from small communities to metropolitan areas, occupied or potentially occupied by trees and associated vegetation. Community and urban forest land may be planted or unplanted, used or unused, and includes public and private lands, lands along transportation and utility corridors, and forested watershed lands within populated areas. (2) "Community and urban forestry" means the planning, establishment, protection, care, and management of trees and associated plants individually, in small groups, or under forest conditions within municipalities and counties. (2002 Ed.) Community and Urban Forestry 76.15.010 (3) "Department" means the department of natural resources. (4) "Municipality" means a city, town, port district, public school district, community college district, irrigation district, weed control district, park district, or other political subdivision of the state. (5) "Person" means an individual, partnership, private or public municipal corporation, Indian tribe, state entity, county or local governmental entity, or association of individuals of whatever nature. [2000 c 11 § 15; 1991 c 179 § 3.] 76.15.050 Agreements for urban tree planting. The department may enter into agreements with one or more nonprofit organizations whose primary purpose is urban tree planting. The agreements shall be to further public education about and support for urban tree planting, and for obtaining voluntary activities by the local community organizations in tree planting programs. The agreements shall ensure that such programs are consistent with the purposes of the community and urban forestry program under this chapter. [1993 c 204 § 10.] 76.15.020 Authority. (1) The department may establish and maintain a program in community and urban forestry to accomplish the purpose stated in RCW 76.15.007. The department may assist municipalities and counties in establishing and maintaining community and urban forestry programs and encourage persons to engage in appropriate and improved tree management and care. (2) The department may advise, encourage, and assist municipalities, counties, and other public and private entities in the development and coordination of policies, programs, and activities for the promotion of community and urban forestry. (3) The department may appoint a committee or council to advise the department in establishing and carrying out a program in community and urban forestry. (4) The department may assist municipal and county tree maintenance programs by making surplus equipment available on loan where feasible for community and urban forestry programs and cooperative projects. [1991 c 179 § 4.] 76.15.060 Urban tree planting to be encouraged. The department shall encourage urban planting of tree varieties that are site-appropriate and provide the best combination of energy and water conservation, fire safety and other safety, wildlife habitat, and aesthetic value. The department may provide technical assistance in developing programs in tree planting for energy conservation in areas of the state where such programs are most cost-effective. [1993 c 204 § 11.] 76.15.030 Funding sources—Fees—Contracts. The department may: (1) Receive and disburse any and all moneys contributed, allotted, or paid by the United States under authority of any act of congress for the purposes of this chapter. (2) Receive such gifts, grants, bequests, and endowments and donations of labor, material, seedlings, and equipment from public or private sources as may be made for the purpose of carrying out the provisions of this chapter, and may spend the gifts, grants, bequests, endowments, and donations as well as other moneys from public or private sources. (3) Charge fees for attendance at workshops and conferences, and for various publications and other materials that the department may prepare. (4) Enter into agreements and contracts with persons having community and urban forestry-related responsibilities. [1991 c 179 § 5.] 76.15.040 Primary duty, department’s— Cooperation. The department shall assume the primary responsibility of carrying out this chapter and shall cooperate with other private and public, state and federal persons, any agency of another state, the United States, any agency of the United States, or any agency or province of Canada. [1991 c 179 § 6.] (2002 Ed.) Findings—1993 c 204: See note following RCW 35.92.390. Findings—1993 c 204: See note following RCW 35.92.390. Chapter 76.16 ACCESS TO STATE TIMBER AND OTHER VALUABLE MATERIAL Sections 76.16.010 76.16.020 76.16.030 76.16.040 Acquisition of property interests for access authorized— Maintenance. Condemnation—Duty of attorney general. Disposal of property interests acquired under this chapter. Acquisition—Payment—Moneys available to department. 76.16.010 Acquisition of property interests for access authorized—Maintenance. Whenever the department of natural resources, hereinafter referred to as the department, shall find it to be for the best interests of the state of Washington to acquire any property or use of a road in private ownership to afford access to state timber and other valuable material for the purpose of developing, caring for or selling the same, the acquisition of such property, or use thereof, is hereby declared to be necessary for the public use of the state of Washington, and said department is hereby authorized to acquire such property or the use of such roads by gift, purchase, exchange or condemnation, and subject to all of the terms and conditions of such gift, purchase, exchange or decree of condemnation to maintain such property or roads as part of the department’s land management road system. [1963 c 140 § 1; 1945 c 239 § 1; Rem. Supp. 1945 § 5823-30.] Eminent domain: State Constitution Art. 1 § 16; chapter 8.04 RCW. State lands subject to easements for removal of materials: RCW 79.01.312 and 79.36.230. 76.16.020 Condemnation—Duty of attorney general. The attorney general of the state of Washington is hereby required and authorized to condemn said property interests found to be necessary for the public purposes of the state of Washington, as provided in RCW 76.16.010, and upon being furnished with a certified copy of the resolution of the [Title 76 RCW—page 49] 76.16.020 Title 76 RCW: Forests and Forest Products department, describing said property interests found to be necessary for the purposes set forth in RCW 76.16.010, the attorney general shall immediately take steps to acquire said property interests by exercising the state’s right of eminent domain under the provisions of chapter 8.04 RCW, and in any condemnation action herein authorized, the resolution so describing the property interests found to be necessary for the purposes set forth above shall, in the absence of a showing of bad faith, arbitrary, capricious or fraudulent action, be conclusive as to the public use and real necessity for the acquisition of said property interests for a public purpose, and said property interests shall be awarded to the state without the necessity of either pleading or proving that the department was unable to agree with the owner or owners of said private property interest for its purchase. Any condemnation action herein authorized shall have precedence over all actions, except criminal actions, and shall be summarily tried and disposed of. [1963 c 140 § 2; 1945 c 239 § 2; Rem. Supp. 1945 § 5823-31.] 76.16.030 Disposal of property interests acquired under this chapter. In the event the department should determine that the property interests acquired under the authority of this chapter are no longer necessary for the purposes for which they were acquired, the department shall dispose of the same in the following manner, when in the discretion of the department it is to the best interests of the state of Washington to do so, except that property purchased with educational funds or held in trust for educational purposes shall be sold only in the same manner as are public lands of the state: (1) Where the state property necessitating the acquisition of private property interests for access purposes under authority of this chapter is sold or exchanged, said acquired property interests may be sold or exchanged as an appurtenance of said state property when it is determined by the department that sale or exchange of said state property and acquired property interests as one parcel is in the best interests of the state. (2) If said acquired property interests are not sold or exchanged as provided in the preceding subsection, the department shall notify the person or persons from whom the property interest was acquired, stating that said property interests are to be sold, and that said person or persons shall have the right to purchase the same at the appraised price. Said notice shall be given by registered letter or certified mail, return receipt requested, mailed to the last known address of said person or persons. If the address of said person or persons is unknown, said notice shall be published twice in an official newspaper of general circulation in the county where the lands or a portion thereof is located. The second notice shall be published not less than ten nor more than thirty days after the notice is first published. Said person or persons shall have thirty days after receipt of the registered letter or five days after the last date of publication, as the case may be, to notify the department, in writing, of their intent to purchase the offered property interest. The purchaser shall include with his notice of intention to purchase, cash payment, certified check or money order in an amount not less than one-third of the appraised price. No instrument conveying property interests shall issue from the [Title 76 RCW—page 50] department until the full price of the property is received by said department. All costs of publication required under this section shall be added to the appraised price and collected by the department upon sale of said property interests. (3) If said property interests are not sold or exchanged as provided in the preceding subsections, the department shall notify the owners of land abutting said property interests in the same manner as provided in the preceding subsection and their notice of intent to purchase shall be given in the manner and in accordance with the same time limits as are set forth in the preceding subsection (2): PROVIDED, That if more than one abutting owner gives notice of intent to purchase said property interests the department shall apportion them in relation to the lineal footage bordering each side of the property interests to be sold, and apportion the costs to the interested purchasers in relation thereto: PROVIDED FURTHER, That no sale is authorized by this section unless the department is satisfied that the amounts to be received from the several purchasers will equal or exceed the appraised price of the entire parcel plus any costs of publishing notices. (4) If no sale or exchange is consummated as provided in subsections (1), (2) and (3) hereof, the department shall sell said properties in the same manner as public lands of the state of Washington are sold. (5) Any disposal of property interests authorized by this chapter shall be subject to any existing rights previously granted by the department. [1963 c 140 § 3; 1945 c 239 § 3; Rem. Supp. 1945 § 5823-32.] 76.16.040 Acquisition—Payment—Moneys available to department. The department in acquiring any property interests under the provisions of this chapter, either by purchase or condemnation, is hereby authorized to pay for the same out of any moneys available to the department of natural resources for this purpose. [1963 c 140 § 4; 1945 c 239 § 4; Rem. Supp. 1945 § 5823-33.] Chapter 76.20 FIREWOOD ON STATE LANDS Sections 76.20.010 76.20.020 76.20.030 76.20.035 76.20.040 License to remove firewood authorized. Removal only for personal use. Issuance of license—Fee—Limit on amount removed. Removal of firewood without charge—Authorization. Penalty. 76.20.010 License to remove firewood authorized. The department of natural resources may issue licenses to residents of this state to enter upon lands under the administration or jurisdiction of the department of natural resources for the purpose of removing therefrom, standing or downed timber which is unfit for any purpose except to be used as firewood. [1975 c 10 § 1; 1945 c 97 § 1; Rem. Supp. 1945 § 7797-40a.] 76.20.020 Removal only for personal use. In addition to other matters which may be required to be contained in the application for a license under this chapter the applicant must certify that the wood so removed is to be (2002 Ed.) Firewood on State Lands only for his own personal use and in his own home and that he will not dispose of it to any other person. [1945 c 97 § 2; Rem. Supp. 1945 § 7797-40b.] 76.20.030 Issuance of license—Fee—Limit on amount removed. The application may be made to the department of natural resources, and if deemed proper, the license may be issued upon the payment of two dollars and fifty cents which shall be paid into the treasury of the state by the officer collecting the same and placed in the resource management cost account; the license shall be dated as of the date of issuance and authorize the holder thereof to remove between the dates so specified not more than six cords of wood not fit for any use but as firewood for the use of himself and family from the premises described in the license under such regulations as the department of natural resources may prescribe. [1975 c 10 § 2; 1945 c 97 § 3; Rem. Supp. 1945 § 7797-40c.] 76.20.035 Removal of firewood without charge— Authorization. Whenever the department of natural resources determines that it is in the best interest of the state and there will be a benefit to the lands involved or a state program affecting such lands it may designate specific areas and authorize the general public to enter upon lands under its jurisdiction for the purposes of cutting and removing standing or downed timber for use as firewood for the personal use of the person so cutting and removing without a charge under such terms and conditions as it may require. [1975 c 10 § 3.] 76.20.040 Penalty. Any false statement made in the application or any violation of the provisions of this chapter shall constitute a gross misdemeanor and be punishable as such. [1945 c 97 § 4; Rem. Supp. 1945 § 7797-40d.] Chapter 76.36 MARKS AND BRANDS Sections 76.36.010 76.36.020 76.36.035 76.36.060 76.36.070 76.36.090 76.36.100 76.36.110 76.36.120 76.36.130 76.36.140 76.36.160 76.36.900 Definitions. Forest products to be marked. Registration of brands—Assignments—Fee—Rules— Penalty. Impression of mark—Presumption. Cancellation of registration. Catch brands. Right of entry to retake branded products. Penalty for false branding, etc. Forgery of mark, etc.—Penalty. Sufficiency of mark. Application of chapter to eastern Washington. Deposit of fees—Use. Severability—1925 ex.s. c 154. 76.36.010 Definitions. The words and phrases herein used, unless the same be clearly contrary to or inconsistent with the context of this chapter or the section in which used, shall be construed as follows: (1) "Booming equipment" includes boom sticks and boom chains. (2002 Ed.) 76.20.020 (2) "Brand" means a unique symbol or mark placed on or in forest products for the purpose of identifying ownership. (3) "Catch brand" means a mark or brand used by a person as an identifying mark placed upon forest products and booming equipment previously owned by another. (4) "Department" means the department of natural resources. (5) "Forest products" means logs, spars, piles, and poles, boom sticks, and shingle bolts and every form into which a fallen tree may be cut before it is manufactured into lumber or run through a sawmill, shingle mill, or tie mill, or cut into cord wood, stove wood, or hewn ties. (6) "Person" includes the plural and all corporations, foreign and domestic, copartnerships, firms, and associations of persons. (7) "Waters of this state" includes any and all bodies of fresh and salt water within the jurisdiction of the state capable of being used for the transportation or storage of forest products, including all rivers and lakes and their tributaries, harbors, bays, bayous, and marshes. [2000 c 11 § 16; 1984 c 60 § 1; 1925 ex.s. c 154 § 1; RRS § 8381-1.] 76.36.020 Forest products to be marked. Persons who wish to identify any of their forest products which will be stored or transported in or on the waters of the state shall place a registered mark or brand in a conspicuous place on each forest product item. Placement of the registered mark or brand is prima facie evidence of ownership over forest product items which have escaped from storage or transportation. Unbranded or unmarked stray logs or forest products become the property of the state when recovered. [1984 c 60 § 2; 1925 ex.s. c 154 § 2; RRS § 8381-2. Prior: 1890 p 110 § 1.] 76.36.035 Registration of brands—Assignments— Fee—Rules—Penalty. (1) All applications for brands, catch brands, renewals, and assignments thereof shall be submitted to and approved by the department prior to use. The department may refuse to approve any brand or catch brand which is identical to or closely resembles a registered brand or catch brand, or is in use by any other person or was not selected in good faith for the marking or branding of forest products. If approval is denied the applicant will select another brand. The registration for all existing brands or catch brands shall expire on December 31, 1984, unless renewed prior to that date. Renewals or new approved applications shall be for five-year periods or portions thereof beginning on January 1, 1985. On or before September 30, 1984, and September 30th immediately preceding the end of each successive five-year period the department shall notify by mail all registered owners of brands or catch brands of the forthcoming expiration of their brands and the requirements for renewal. A fee of fifteen dollars shall be charged by the department for registration of all brands, catch brands, renewals or assignments prior to January 1, 1985. Thereafter the fee shall be twenty-five dollars. Abandoned or canceled brands shall not be reissued for a period of at least one year. The department shall deter[Title 76 RCW—page 51] 76.36.035 Title 76 RCW: Forests and Forest Products mine the right to use brands or catch brands in dispute by applicants. (2) The department may adopt and enforce rules implementing the provisions of this chapter. A violation of any such rule shall constitute a misdemeanor unless the department has specified by rule, when not inconsistent with applicable statutes, that violation of a specific rule is an infraction under chapter 7.84 RCW. [1987 c 380 § 18; 1984 c 60 § 8.] Effective date—Severability—1987 c 380: See RCW 7.84.900 and 7.84.901. 76.36.060 Impression of mark—Presumption. All forest products and booming equipment having impressed thereupon a registered mark or brand are presumed to belong to the person appearing on the records of the department as the owner of such mark or brand. All forest products having impressed thereupon a registered catch brand are presumed to belong to the owner of the registered catch brand, unless there is impressed thereupon more than one registered catch brand, in which event they are presumed to belong to the owner whose registered catch brand was placed thereupon latest in point of time. [1984 c 60 § 3; 1957 c 36 § 4; 1925 ex.s. c 154 § 6; RRS § 8381-6. Prior: 1890 p 111 § 4.] 76.36.070 Cancellation of registration. The department, upon the petition of the owner of a registered mark or brand, may cancel the registration in which case the mark or brand shall be open to registration by any person subsequently applying therefor. [1984 c 60 § 4; 1957 c 36 § 5; 1925 ex.s. c 154 § 7; RRS § 8381-7.] 76.36.090 Catch brands. A person desiring to use a catch brand as an identifying mark upon forest products or booming equipment purchased or lawfully acquired from another, shall before using it, make application for the registration thereof to the department in the manner prescribed for the registration of other marks or brands as herein required. The provisions contained in this chapter in reference to registration, certifications, assignment, and cancellation, and the fees to be paid to the department shall apply equally to catch brands. The certificate of the department shall designate the mark or brand as a catch brand, and the mark or brand selected by the applicant as a catch brand shall be inclosed in the letter C, which shall identify the mark or brand as, and shall be used only in connection with, a catch brand. [1984 c 60 § 5; 1957 c 36 § 6; 1925 ex.s. c 154 § 9; RRS § 8381-9.] 76.36.100 Right of entry to retake branded products. The owner of any mark or brand registered as herein provided, by himself or his duly authorized agent or representative, shall have a lawful right, at any time and in any peaceable manner, to enter into or upon any tidelands, marshes and beaches of this state and any mill, mill yard, mill boom, rafting or storage grounds and any forest products or raft or boom thereof, for the purpose of searching for any forest products and booming equipment having impressed thereupon or cut therein a registered mark or brand belonging to him and to retake any forest products and [Title 76 RCW—page 52] booming equipment so found by him. [1925 ex.s. c 154 § 10; RRS § 8381-10. Prior: 1901 c 123 § 4.] 76.36.110 Penalty for false branding, etc. Every person: (1) Except boom companies organized as corporations for the purpose of catching or reclaiming and holding or disposing of forest products for the benefit of the owners, and authorized to do business under the laws of this state, who has or takes in tow or into custody or possession or under control, without the authorization of the owner of a registered mark or brand thereupon, any forest products or booming equipment having thereupon a mark or brand registered as required by the terms of this chapter, or, with or without such authorization, any forest products or booming equipment which may be branded under the terms of this chapter with a registered mark or brand and having no registered mark or brand impressed thereupon or cut therein; or, (2) Who impresses upon or cut in any forest products or booming equipment a mark or brand that is false, forged or counterfeit; or, (3) Who interferes with, prevents, or obstructs the owner of any registered mark or brand, or his or her duly authorized agent or representative, entering into or upon any tidelands, marshes or beaches of this state or any mill, mill site, mill yard or mill boom or rafting or storage grounds or any forest products or any raft or boom thereof for the purpose of searching for forest products and booming equipment having impressed thereupon a registered mark or brand belonging to him or her or retaking any forest products or booming equipment so found by him or her; or, (4) Who impresses or cuts a catch brand that is not registered under the terms of this chapter upon or into any forest products or booming equipment upon which there is a registered mark or brand as authorized by the terms of this chapter or a catch brand, whether registered or not, upon any forest products or booming equipment that was not purchased or lawfully acquired by him or her from the owner; is guilty of a gross misdemeanor. [1994 c 163 § 1; 1984 c 60 § 6; 1925 ex.s. c 154 § 11; RRS § 8381-11. Prior: 1890 p 112 § 8.] 76.36.120 Forgery of mark, etc.—Penalty. Every person who, with an intent to injure or defraud the owner: (1) Shall falsely make, forge or counterfeit a mark or brand registered as herein provided and use it in marking or branding forest products or booming equipment; or, (2) Shall cut out, destroy, alter, deface, or obliterate any registered mark or brand impressed upon or cut into any forest products or booming equipment; or, (3) Shall sell, encumber or otherwise dispose of or deal in, or appropriate to his own use, any forest products or booming equipment having impressed thereupon a mark or brand registered as required by the terms of this chapter; or (4) Shall buy or otherwise acquire or deal in any forest products or booming equipment having impressed thereupon a registered mark or brand; Shall be guilty of a felony. [1925 ex.s. c 154 § 12; RRS § 8381-12. Prior: 1890 p 111 §§ 6, 7.] (2002 Ed.) Marks and Brands 76.36.130 76.36.130 Sufficiency of mark. A mark or brand cut in boom sticks with an ax or other sharp instrument shall be sufficient for the purposes of this chapter if it substantially conforms to the impression or drawing and written description on file with the department. [1988 c 128 § 47; 1957 c 36 § 7; 1925 ex.s. c 154 § 13; RRS § 8381-13.] 76.42.010 Removal of debris authorized— Enforcement of chapter—Department of natural resources. This chapter authorizes the removal of wood debris from navigable waters of the state of Washington. It shall be the duty of the department of natural resources to administer and enforce the provisions of this chapter. [1973 c 136 § 2.] 76.36.140 Application of chapter to eastern Washington. In view of the different conditions existing in the logging industry of this state between the parts of the state lying respectively east and west of the crest of the Cascade mountains, forest products may be put into the water of this state or shipped on common carrier railroads without having thereon a registered mark or brand, as herein required, within that portion of the state lying east of the crest of the Cascade mountains and composed of the following counties to wit: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima; and the penalties herein provided for failure to mark or brand such forest products shall not apply: PROVIDED, That any person operating within such east portion of the state may select a mark or brand and cause it to be registered with the department pursuant to the terms of this chapter, and use it for the purpose of marking or branding forest products and booming equipment, and, in the event of the registration of such mark or brand and the use of it in marking or branding forest products or booming equipment, the provisions hereof shall apply as to the forest products and booming equipment so marked or branded. [1988 c 128 § 48; 1957 c 36 § 8; 1925 ex.s. c 154 § 14; RRS § 8381-14.] 76.42.020 Definitions. (1) "Removal" as used in this chapter shall include all activities necessary for the collection and disposal of such wood debris: PROVIDED, That nothing herein provided shall permit removal of wood debris from private property without written consent of the owner. (2) "Wood debris" as used in this chapter is wood that is adrift on navigable waters or has been adrift thereon and stranded on beaches, marshes, or tidal and shorelands. [2000 c 11 § 17; 1994 c 163 § 2; 1973 c 136 § 3.] 76.36.160 Deposit of fees—Use. The department shall deposit all moneys received under this chapter in the general fund to be used exclusively for the administration of this chapter by the department. [1984 c 60 § 7; 1957 c 36 § 10.] 76.36.900 Severability—1925 ex.s. c 154. If any section or provision of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. [1925 ex.s. c 154 § 15; RRS § 8381-15.] Chapter 76.42 WOOD DEBRIS—REMOVAL FROM NAVIGABLE WATERS Sections 76.42.010 76.42.020 76.42.030 76.42.060 76.42.070 Navigation (2002 Ed.) Removal of debris authorized—Enforcement of chapter— Department of natural resources. Definitions. Removal of wood debris—Authorized. Navigable waters—Unlawful to deposit wood debris into— Exception. Rules and regulations—Administration of chapter— Authority to adopt and enforce. and harbor improvements: Title 88 RCW. 76.42.030 Removal of wood debris—Authorized. The department of natural resources may by contract, license, or permit, or other arrangements, cause such wood debris to be removed by private contractors, department of natural resources employees, or by other public bodies. Nothing contained in this chapter shall prohibit any individual from using any nonmerchantable wood debris for his own personal use. [1994 c 163 § 3; 1973 c 136 § 4.] 76.42.060 Navigable waters—Unlawful to deposit wood debris into—Exception. It shall be unlawful to dispose of wood debris by depositing such material into any of the navigable waters of this state, except as authorized by law including any discharge or deposit allowed to be made under and in compliance with chapter 90.48 RCW and any rules duly adopted thereunder or any deposit allowed to be made under and in compliance with chapter 76.09 or *75.46 RCW and any rules duly adopted under those chapters. Violation of this section shall be a misdemeanor. [1999 sp.s. c 4 § 601; 1973 c 136 § 7.] *Reviser’s note: Chapter 75.46 RCW was recodified as chapter 77.85 RCW by 2000 c 107. See Comparative Table for that chapter in the Table of Disposition of Former RCW Sections, Volume 0. Part headings not law—1999 sp.s. c 4: See note following RCW 77.85.180. 76.42.070 Rules and regulations—Administration of chapter—Authority to adopt and enforce. The department of natural resources shall adopt and enforce such rules and regulations as may be deemed necessary for administering this chapter. [1973 c 136 § 8.] Chapter 76.44 INSTITUTE OF FOREST RESOURCES Sections 76.44.010 76.44.020 76.44.030 76.44.040 76.44.050 Institute created. Administration of institute. Duties. Dissemination of research results. Contributions may be accepted. 76.44.010 Institute created. There is hereby created the institute of forest resources of the state of Washington [Title 76 RCW—page 53] 76.44.010 Title 76 RCW: Forests and Forest Products which shall operate under the authority of the board of regents of the University of Washington. [1979 c 50 § 1; 1947 c 177 § 1; Rem. Supp. 1947 § 10831-1.] Severability—1979 c 50: "If any provision of this 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." [1979 c 50 § 8.] 76.48.070 76.48.075 76.48.080 76.48.085 76.48.086 76.48.094 76.48.096 76.44.020 Administration of institute. The institute of forest resources shall be administered by the dean of the college of forest resources of the University of Washington who shall also be the director of the institute. [1988 c 81 § 21; 1979 c 50 § 2; 1959 c 306 § 1; 1947 c 177 § 2; Rem. Supp. 1947 § 10831-2.] 76.48.098 Severability—1979 c 50: See note following RCW 76.44.010. 76.48.130 76.48.140 76.48.200 76.48.900 76.48.901 76.48.902 76.48.910 76.44.030 Duties. The institute of forest resources shall pursue research and education related to the forest resource and its multiple use including its conservation, management and utilization; its evaluation of forest land use and the maintenance of its rural environment; the manufacture and marketing of forest products and the provision of recreation and aesthetic values. In pursuit of these objectives, the institute of forest resources is authorized to cooperate with other universities, state and federal agencies, industrial institutions, domestic or foreign, where such cooperation advances these objectives. [1979 c 50 § 5; 1947 c 177 § 3; Rem. Supp. 1947 § 108313.] Severability—1979 c 50: See note following RCW 76.44.010. 76.44.040 Dissemination of research results. The results of any research undertaken by the institute or in which the institute participates shall be available to all industries and citizens of the state of Washington and the institute is authorized to disseminate such information. [1979 c 50 § 6; 1947 c 177 § 4; Rem. Supp. 1947 § 108314.] Severability—1979 c 50: See note following RCW 76.44.010. 76.44.050 Contributions may be accepted. The institute is authorized to solicit and/or accept funds through grants, contracts, or institutional consulting arrangements for the prosecution of any research or education activity which it may undertake in pursuit of its objectives. [1979 c 50 § 7; 1947 c 177 § 5; Rem. Supp. 1947 § 10831-5.] Severability—1979 c 50: See note following RCW 76.44.010. Chapter 76.48 SPECIALIZED FOREST PRODUCTS Sections 76.48.010 76.48.020 76.48.030 76.48.040 76.48.050 76.48.060 76.48.062 Declaration of public interest. Definitions. Unlawful acts. Agencies responsible for enforcement of chapter. Specialized forest products permits—Expiration— Specifications. Specialized forest products permits—Required—Forms— Filing. Validation of specialized forest product permits—Authorized agents. [Title 76 RCW—page 54] 76.48.100 76.48.110 76.48.120 Transporting or possessing cedar or other specialized forest products—Requirements. Specialized forest products from out-of-state. Contents of authorization, sales invoice, or bill of lading. Purchase of specialized forest products—Required records. Records of buyers available for research. Cedar processors—Records of purchase, possession or retention of cedar products and salvage. Cedar processors—Obtaining from suppliers not having specialized forest products permit unlawful. Cedar processors—Display of valid registration certificate required. Exemptions. Violations—Seizure and disposition of products— Disposition of proceeds. False, fraudulent, stolen or forged specialized forest products permit, sales invoice, bill of lading, etc.—Penalty. Penalties. Disposition of fines. Assistance and training for minority groups. Severability—1967 ex.s. c 47. Severability—1977 ex.s. c 147. Severability—1979 ex.s. c 94. Saving—1967 ex.s. c 47. 76.48.010 Declaration of public interest. It is in the public interest of this state to protect a great natural resource and to provide a high degree of protection to the landowners of the state of Washington from the theft of specialized forest products. [1967 ex.s. c 47 § 2.] 76.48.020 Definitions. Unless otherwise required by the context, as used in this chapter: (1) "Authorization" means a properly completed preprinted form authorizing the transportation or possession of Christmas trees which contains the information required by RCW 76.48.080, a sample of which is filed before the harvesting occurs with the sheriff of the county in which the harvesting is to occur. (2) "Cascara bark" means the bark of a Cascara tree. (3) "Cedar processor" means any person who purchases, takes, or retains possession of cedar products or cedar salvage for later sale in the same or modified form following removal and delivery from the land where harvested. (4) "Cedar products" means cedar shakeboards, shake and shingle bolts, and rounds one to three feet in length. (5) "Cedar salvage" means cedar chunks, slabs, stumps, and logs having a volume greater than one cubic foot and being harvested or transported from areas not associated with the concurrent logging of timber stands (a) under a forest practices application approved or notification received by the department of natural resources, or (b) under a contract or permit issued by an agency of the United States government. (6) "Christmas trees" means any evergreen trees or the top thereof, commonly known as Christmas trees, with limbs and branches, with or without roots, including fir, pine, spruce, cedar, and other coniferous species. (7) "Cut or picked evergreen foliage," commonly known as brush, means evergreen boughs, huckleberry, salal, fern, Oregon grape, rhododendron, mosses, bear grass, scotch broom (Cytisus scoparius), and other cut or picked evergreen products. "Cut or picked evergreen foliage" does not mean cones or seeds. (8) "Harvest" means to separate, by cutting, prying, picking, peeling, breaking, pulling, splitting, or otherwise removing, a specialized forest product (a) from its physical (2002 Ed.) Specialized Forest Products connection or contact with the land or vegetation upon which it is or was growing or (b) from the position in which it is lying upon the land. (9) "Harvest site" means each location where one or more persons are engaged in harvesting specialized forest products close enough to each other that communication can be conducted with an investigating law enforcement officer in a normal conversational tone. (10) "Landowner" means, with regard to real property, the private owner, the state of Washington or any political subdivision, the federal government, or a person who by deed, contract, or lease has authority to harvest and sell forest products of the property. "Landowner" does not include the purchaser or successful high bidder at a public or private timber sale. (11) "Native ornamental trees and shrubs" means any trees or shrubs which are not nursery grown and which have been removed from the ground with the roots intact. (12) "Permit area" means a designated tract of land that may contain single or multiple harvest sites. (13) "Person" includes the plural and all corporations, foreign or domestic, copartnerships, firms, and associations of persons. (14) "Processed cedar products" means cedar shakes, shingles, fence posts, hop poles, pickets, stakes, rails, or rounds less than one foot in length. (15) "Sheriff" means, for the purpose of validating specialized forest products permits, the county sheriff, deputy sheriff, or an authorized employee of the sheriff’s office or an agent of the office. (16) "Specialized forest products" means Christmas trees, native ornamental trees and shrubs, cut or picked evergreen foliage, cedar products, cedar salvage, processed cedar products, wild edible mushrooms, and Cascara bark. (17) "Specialized forest products permit" means a printed document in a form specified by the department of natural resources, or true copy thereof, that is signed by a landowner or his or her authorized agent or representative, referred to in this chapter as "permittors" and validated by the county sheriff and authorizes a designated person, referred to in this chapter as "permittee," who has also signed the permit, to harvest and transport a designated specialized forest product from land owned or controlled and specified by the permittor and that is located in the county where the permit is issued. (18) "Transportation" means the physical conveyance of specialized forest products outside or off of a harvest site by any means. (19) "True copy" means a replica of a validated specialized forest products permit as reproduced by a copy machine capable of effectively reproducing the information contained on the permittee’s copy of the specialized forest products permit. A copy is made true by the permittee or the permittee and permittor signing in the space provided on the face of the copy. A true copy will be effective until the expiration date of the specialized forest products permit unless the permittee or the permittee and permittor specify an earlier date. A permittor may require the actual signatures of both the permittee and permittor for execution of a true copy by so indicating in the space provided on the original copy of the specialized forest products permit. A permittee, or, if so indicated, the permittee and permittor, (2002 Ed.) 76.48.020 may condition the use of the true copy to harvesting only, transportation only, possession only, or any combination thereof. (20) "Wild edible mushrooms" means edible mushrooms not cultivated or propagated by artificial means. [2000 c 11 § 18; 1995 c 366 § 1; 1992 c 184 § 1; 1979 ex.s. c 94 § 1; 1977 ex.s. c 147 § 1; 1967 ex.s. c 47 § 3.] Severability—1995 c 366: "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." [1995 c 366 § 19.] 76.48.030 Unlawful acts. It is unlawful for any person to: (1) Harvest specialized forest products as described in RCW 76.48.020, in the quantities specified in RCW 76.48.060, without first obtaining a validated specialized forest products permit; (2) Engage in activities or phases of harvesting specialized forest products not authorized by the permit; or (3) Harvest specialized forest products in any lesser quantities than those specified in RCW 76.48.060, as now or hereafter amended, without first obtaining permission from the landowner or his or her duly authorized agent or representative. [1995 c 366 § 2; 1979 ex.s. c 94 § 2; 1977 ex.s. c 147 § 2; 1967 ex.s. c 47 § 4.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.040 Agencies responsible for enforcement of chapter. Agencies charged with the enforcement of this chapter shall include, but not be limited to, the Washington state patrol, county sheriffs and their deputies, county or municipal police forces, authorized personnel of the United States forest service, and authorized personnel of the departments of natural resources and fish and wildlife. Primary enforcement responsibility lies in the county sheriffs and their deputies. The legislature encourages county sheriffs’ offices to enter into interlocal agreements with these other agencies in order to receive additional assistance with their enforcement responsibilities. [1995 c 366 § 3; 1994 c 264 § 51; 1988 c 36 § 49; 1979 ex.s. c 94 § 3; 1977 ex.s. c 147 § 3; 1967 ex.s. c 47 § 5.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.050 Specialized forest products permits— Expiration—Specifications. Specialized forest products permits shall consist of properly completed permit forms validated by the sheriff of the county in which the specialized forest products are to be harvested. Each permit shall be separately numbered and the permits shall be issued by consecutive numbers. All specialized forest products permits shall expire at the end of the calendar year in which issued, or sooner, at the discretion of the permittor. A properly completed specialized forest products permit form shall include: (1) The date of its execution and expiration; (2) The name, address, telephone number, if any, and signature of the permittor; (3) The name, address, telephone number, if any, and signature of the permittee; [Title 76 RCW—page 55] 76.48.050 Title 76 RCW: Forests and Forest Products (4) The type of specialized forest products to be harvested or transported; (5) The approximate amount or volume of specialized forest products to be harvested or transported; (6) The legal description of the property from which the specialized forest products are to be harvested or transported, including the name of the county, or the state or province if outside the state of Washington; (7) A description by local landmarks of where the harvesting is to occur, or from where the specialized forest products are to be transported; (8) The number from some type of valid picture identification; and (9) Any other condition or limitation which the permittor may specify. Except for the harvesting of Christmas trees, the permit or true copy thereof must be carried by the permittee and available for inspection at all times. For the harvesting of Christmas trees only a single permit or true copy thereof is necessary to be available at the harvest site. [1995 c 366 § 4; 1979 ex.s. c 94 § 4; 1977 ex.s. c 147 § 4; 1967 ex.s. c 47 § 6.] Severability—1995 c 366: See note following RCW 76.48.020. permit. In the event a single land ownership is situated in two or more counties, a specialized forest product permit shall be completed as to the land situated in each county. While engaged in harvesting of specialized forest products, permittees, or their agents or employees, must have readily available at each harvest site a valid permit or true copy of the permit. [1995 c 366 § 5; 1992 c 184 § 2; 1979 ex.s. c 94 § 5; 1977 ex.s. c 147 § 5; 1967 ex.s. c 47 § 7.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.062 Validation of specialized forest product permits—Authorized agents. County sheriffs may contract with other entities to serve as authorized agents to validate specialized forest product permits. These entities include the United States forest service, the bureau of land management, the department of natural resources, local police departments, and other entities as decided upon by the county sheriffs’ departments. An entity that contracts with a county sheriff to serve as an authorized agent to validate specialized forest product permits may make reasonable efforts to verify the information provided on the permit form such as the section, township, and range of the area where harvesting is to occur. [1995 c 366 § 15.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.060 Specialized forest products permits— Required—Forms—Filing. A specialized forest products permit validated by the county sheriff shall be obtained by a person prior to harvesting from any lands, including his or her own, more than five Christmas trees, more than five native ornamental trees or shrubs, more than five pounds of cut or picked evergreen foliage, any cedar products, cedar salvage, processed cedar products, or more than five pounds of Cascara bark, or more than three United States gallons of a single species of wild edible mushroom and more than an aggregate total of nine United States gallons of wild edible mushrooms, plus one wild edible mushroom. Specialized forest products permit forms shall be provided by the department of natural resources, and shall be made available through the office of the county sheriff to permittees or permittors in reasonable quantities. A permit form shall be completed in triplicate for each permittor’s property on which a permittee harvests specialized forest products. A properly completed permit form shall be mailed or presented for validation to the sheriff of the county in which the specialized forest products are to be harvested. Before a permit form is validated by the sheriff, sufficient personal identification may be required to reasonably identify the person mailing or presenting the permit form and the sheriff may conduct other investigations as deemed necessary to determine the validity of the information alleged on the form. When the sheriff is reasonably satisfied as to the truth of the information, the form shall be validated with the sheriff’s validation stamp. Upon validation, the form shall become the specialized forest products permit authorizing the harvesting, possession, or transportation of specialized forest products, subject to any other conditions or limitations which the permittor may specify. Two copies of the permit shall be given or mailed to the permittor, or one copy shall be given or mailed to the permittor and the other copy given or mailed to the permittee. The original permit shall be retained in the office of the county sheriff validating the [Title 76 RCW—page 56] 76.48.070 Transporting or possessing cedar or other specialized forest products—Requirements. (1) Except as provided in RCW 76.48.100 and 76.48.075, it is unlawful for any person (a) to possess, (b) to transport, or (c) to possess and transport within the state of Washington, subject to any other conditions or limitations specified in the specialized forest products permit by the permittor, more than five Christmas trees, more than five native ornamental trees or shrubs, more than five pounds of cut or picked evergreen foliage, any processed cedar products, or more than five pounds of Cascara bark, or more than three gallons of a single species of wild edible mushrooms and more than an aggregate total of nine gallons of wild edible mushrooms, plus one wild edible mushroom without having in his or her possession a written authorization, sales invoice, bill of lading, or specialized forest products permit or a true copy thereof evidencing his or her title to or authority to have possession of specialized forest products being so possessed or transported. (2) It is unlawful for any person either (a) to possess, (b) to transport, or (c) to possess and transport within the state of Washington any cedar products or cedar salvage without having in his or her possession a specialized forest products permit or a true copy thereof evidencing his or her title to or authority to have possession of the materials being so possessed or transported. [1995 c 366 § 6; 1992 c 184 § 3; 1979 ex.s. c 94 § 6; 1977 ex.s. c 147 § 6; 1967 ex.s. c 47 § 8.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.075 Specialized forest products from out-ofstate. (1) It is unlawful for any person to transport or cause to be transported into this state from any other state or province specialized forest products, except those harvested from that person’s own property, without: (a) First acquiring and having readily available for inspection a document (2002 Ed.) Specialized Forest Products indicating the true origin of the specialized forest products as being outside the state, or (b) without acquiring a specialized forest products permit as provided in subsection (4) of this section. (2) Any person transporting or causing to be transported specialized forest products into this state from any other state or province shall, upon request of any person to whom the specialized forest products are sold or delivered or upon request of any law enforcement officer, prepare and sign a statement indicating the true origin of the specialized forest products, the date of delivery, and the license number of the vehicle making delivery, and shall leave the statement with the person making the request. (3) It is unlawful for any person to possess specialized forest products, transported into this state, with knowledge that the products were introduced into this state in violation of this chapter. (4) When any person transporting or causing to be transported into this state specialized forest products elects to acquire a specialized forest products permit, the specialized forest products transported into this state shall be deemed to be harvested in the county of entry, and the sheriff of that county may validate the permit as if the products were so harvested, except that the permit shall also indicate the actual harvest site outside the state. (5) A cedar processor shall comply with RCW 76.48.096 by requiring a person transporting specialized forest products into this state from any other state or province to display a specialized forest products permit, or true copy thereof, or other document indicating the true origin of the specialized forest products as being outside the state. The cedar processor shall make and maintain a record of the purchase, taking possession, or retention of cedar products and cedar salvage in compliance with RCW 76.48.094. (6) If, under official inquiry, investigation, or other authorized proceeding regarding specialized forest products not covered by a valid specialized forest products permit or other acceptable document, the inspecting law enforcement officer has probable cause to believe that the specialized forest products were harvested in this state or wrongfully obtained in another state or province, the officer may take into custody and detain, for a reasonable time, the specialized forest products, all supporting documents, invoices, and bills of lading, and the vehicle in which the products were transported until the true origin of the specialized forest products can be determined. [1995 c 366 § 7; 1979 ex.s. c 94 § 15.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.080 Contents of authorization, sales invoice, or bill of lading. The authorization, sales invoice, or bill of lading required by RCW 76.48.070 shall specify: (1) The date of its execution. (2) The number and type of products sold or being transported. (3) The name and address of the owner, vendor, or donor of the specialized forest products. (4) The name and address of the vendee, donee, or receiver of the specialized forest products. (5) The location of origin of the specialized forest products. [1979 ex.s. c 94 § 7; 1967 ex.s. c 47 § 9.] 76.48.075 76.48.085 Purchase of specialized forest products— Required records. Buyers who purchase specialized forest products are required to record (1) the permit number; (2) the type of forest product purchased; (3) the permit holder’s name; and (4) the amount of forest product purchased. The buyer shall keep a record of this information for a period of one year from the date of purchase and make the records available for inspection by authorized enforcement officials. The buyer of specialized forest products must record the license plate number of the vehicle transporting the forest products on the bill of sale, as well as the seller’s permit number on the bill of sale. This section shall not apply to transactions involving Christmas trees. This section shall not apply to buyers of specialized forest products at the retail sales level. [2000 c 11 § 19; 1995 c 366 § 14.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.086 Records of buyers available for research. Records of buyers of specialized forest products collected under the requirements of RCW 76.48.085 may be made available to colleges and universities for the purpose of research. [1995 c 366 § 16.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.094 Cedar processors—Records of purchase, possession or retention of cedar products and salvage. Cedar processors shall make and maintain a record of the purchase, taking possession, or retention of cedar products and cedar salvage for at least one year after the date of receipt. The record shall be legible and shall include the date of delivery, the license number of the vehicle delivering the products, the driver’s name, and the specialized forest products permit number or the information provided for in RCW 76.48.075(5). The record must be made at the time each delivery is made. [1979 ex.s. c 94 § 9; 1977 ex.s. c 147 § 11.] 76.48.096 Cedar processors—Obtaining from suppliers not having specialized forest products permit unlawful. It is unlawful for any cedar processor to purchase, take possession, or retain cedar products or cedar salvage subsequent to the harvesting and prior to the retail sale of the products, unless the supplier thereof displays a specialized forest products permit, or true copy thereof that appears to be valid, or obtains the information under RCW 76.48.075(5). [1995 c 366 § 8; 1979 ex.s. c 94 § 10; 1977 ex.s. c 147 § 12.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.098 Cedar processors—Display of valid registration certificate required. Every cedar processor shall prominently display a valid registration certificate, or copy thereof, obtained from the department of revenue under RCW 82.32.030 at each location where the processor receives cedar products or cedar salvage. Permittees shall sell cedar products or cedar salvage only to cedar processors displaying registration certificates which appear to be valid. [1995 c 366 § 9; 1979 ex.s. c 94 § 11; 1977 ex.s. c 147 § 13.] Severability—1995 c 366: See note following RCW 76.48.020. (2002 Ed.) [Title 76 RCW—page 57] 76.48.100 Title 76 RCW: Forests and Forest Products 76.48.100 Exemptions. The provisions of this chapter do not apply to: (1) Nursery grown products. (2) Logs (except as included in the definition of "cedar salvage" under RCW 76.48.020), poles, pilings, or other major forest products from which substantially all of the limbs and branches have been removed, and cedar salvage when harvested concurrently with timber stands (a) under an approved forest practices application or notification, or (b) under a contract or permit issued by an agency of the United States government. (3) The activities of a landowner, his or her agent, or representative, or of a lessee of land in carrying on noncommercial property management, maintenance, or improvements on or in connection with the land of the landowner or lessee. [1995 c 366 § 10; 1979 ex.s. c 94 § 12; 1977 ex.s. c 147 § 7; 1967 ex.s. c 47 § 11.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.110 Violations—Seizure and disposition of products—Disposition of proceeds. Whenever any law enforcement officer has probable cause to believe that a person is harvesting or is in possession of or transporting specialized forest products in violation of the provisions of this chapter, he or she may, at the time of making an arrest, seize and take possession of any specialized forest products found. The law enforcement officer shall provide reasonable protection for the specialized forest products involved during the period of litigation or he or she shall dispose of the specialized forest products at the discretion or order of the court before which the arrested person is ordered to appear. Upon any disposition of the case by the court, the court shall make a reasonable effort to return the specialized forest products to its rightful owner or pay the proceeds of any sale of specialized forest products less any reasonable expenses of the sale to the rightful owner. If for any reason, the proceeds of the sale cannot be disposed of to the rightful owner, the proceeds, less the reasonable expenses of the sale, shall be paid to the treasurer of the county in which the violation occurred. The county treasurer shall deposit the same in the county general fund. The return of the specialized forest products or the payment of the proceeds of any sale of products seized to the owner shall not preclude the court from imposing any fine or penalty upon the violator for the violation of the provisions of this chapter. [1995 c 366 § 11; 1979 ex.s. c 94 § 13; 1977 ex.s. c 147 § 8; 1967 ex.s. c 47 § 12.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.120 False, fraudulent, stolen or forged specialized forest products permit, sales invoice, bill of lading, etc.—Penalty. It is unlawful for any person, upon official inquiry, investigation, or other authorized proceedings, to offer as genuine any paper, document, or other instrument in writing purporting to be a specialized forest products permit, or true copy thereof, authorization, sales invoice, or bill of lading, or to make any representation of authority to possess or conduct harvesting or transporting of specialized forest products, knowing the same to be in any manner false, fraudulent, forged, or stolen. [Title 76 RCW—page 58] Any person who knowingly or intentionally violates this section is guilty of forgery, and shall be punished as a class C felony providing for imprisonment in a state correctional institution for a maximum term fixed by the court of not more than five years or by a fine of not more than five thousand dollars, or by both imprisonment and fine. Whenever any law enforcement officer reasonably suspects that a specialized forest products permit or true copy thereof, authorization, sales invoice, or bill of lading is forged, fraudulent, or stolen, it may be retained by the officer until its authenticity can be verified. [1995 c 366 § 12; 1979 ex.s. c 94 § 14; 1977 ex.s. c 147 § 9; 1967 ex.s. c 47 § 13.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.130 Penalties. A person who violates a provision of this chapter, other than the provisions contained in RCW 76.48.120, as now or hereafter amended, is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for not to exceed one year or by both a fine and imprisonment. [1995 c 366 § 13; 1977 ex.s. c 147 § 10; 1967 ex.s. c 47 § 14.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.140 Disposition of fines. All fines collected for violations of any provision of this chapter shall be paid into the general fund of the county treasury of the county in which the violation occurred. [1977 ex.s. c 147 § 15.] 76.48.200 Assistance and training for minority groups. Minority groups have long been participants in the specialized forest products industry. The legislature encourages agencies serving minority communities, communitybased organizations, refugee centers, social service agencies, agencies and organizations with expertise in the specialized forest products industry, and other interested groups to work cooperatively to accomplish the following purposes: (1) To provide assistance and make referrals on translation services and to assist in translating educational materials, laws, and rules regarding specialized forest products; (2) To hold clinics to teach techniques for effective picking; and (3) To work with both minority and nonminority permittees in order to protect resources and foster understanding between minority and nonminority permittees. To the extent practicable within their existing resources, the commission on Asian-American affairs, the commission on Hispanic affairs, and the department of natural resources are encouraged to coordinate this effort. [1995 c 366 § 17.] Severability—1995 c 366: See note following RCW 76.48.020. 76.48.900 Severability—1967 ex.s. c 47. If any section, provision, or part thereof of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional. [1967 ex.s. c 47 § 15.] (2002 Ed.) Specialized Forest Products 76.48.901 Severability—1977 ex.s. c 147. If any provision of this 1977 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. [1977 ex.s. c 147 § 16.] senate natural resources committees the private acres treated as a result of this chapter. [1979 c 100 § 4.] Chapter 76.56 CENTER FOR INTERNATIONAL TRADE IN FOREST PRODUCTS 76.48.902 Severability—1979 ex.s. c 94. 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. [1979 ex.s. c 94 § 17.] Sections 76.56.010 76.48.910 Saving—1967 ex.s. c 47. This chapter is not intended to repeal or modify any provision of existing law. [1967 ex.s. c 47 § 16.] 76.56.050 76.56.020 76.56.030 76.56.040 76.56.900 Chapter 76.52 COOPERATIVE FOREST MANAGEMENT SERVICES ACT Sections 76.52.010 76.52.020 76.52.030 76.52.040 Short title. Contracts with landowners. Extending department forest management services to landowners. Disposition of funds from landowners. 76.52.010 Short title. This chapter shall be known and cited as the "cooperative forest management services act." [1979 c 100 § 1.] 76.52.020 Contracts with landowners. The department of natural resources may, by agreement, make available to forest landowners, equipment, materials, and personnel for the purpose of more intensively managing or protecting the land when the department determines that such services are not otherwise available at a cost which would encourage the landowner to so avail himself, and that the use of department equipment, materials, or personnel will not jeopardize the management of state lands or other programs of the department. The department shall enter into a contractual agreement with the landowner for services rendered and shall recover the costs thereof. [1979 c 100 § 2.] 76.52.030 Extending department forest management services to landowners. The department may, by agreement, extend forest management services to private lands as a condition of carrying out such services on state lands when the private lands are adjacent to or in close proximity to the state lands being treated. The agreement shall include provisions requiring the parties to pay all costs attributable to the conducting of the services on their respective lands. [1979 c 100 § 3.] 76.52.040 Disposition of funds from landowners. Costs recovered by the department as a result of extending forest management practices to private lands shall be credited to the program or programs providing the services. The department will report by December 31 of each odd numbered year up to and including 1985 to the house and (2002 Ed.) 76.48.901 Center for international trade in forest products created at the University of Washington. Duties. Director—Appointment. Use of center’s programs, research, and advisory services— Schedule of fees. Solicitation of financial contributions and support—Annual report—Use of other funds. Severability—1985 c 122. 76.56.010 Center for international trade in forest products created at the University of Washington. There is created a center for international trade in forest products at the University of Washington in the college of forest resources, which shall be referred to in this chapter as "the center." The center shall operate under the authority of the board of regents of the University of Washington. [1985 c 122 § 1.] 76.56.020 Duties. The center shall: (1) Coordinate the University of Washington’s college of forest resources’ faculty and staff expertise to assist in: (a) The development of research and analysis for developing policies and strategies which will expand forestbased international trade, including a major focus on secondary manufacturing; (b) The development of technology or commercialization support for manufactured products that will meet the evolving needs of international customers; (c) The development of research and analysis on other factors critical to forest-based trade, including the quality and availability of raw wood resources; and (d) The coordination, development, and dissemination of market and technical information relevant to international trade in forest products, including a major focus on secondary manufacturing; (2) Further develop and maintain computer data bases on world-wide forest products production and trade in order to monitor and report on trends significant to the Northwest forest products industry and support the center’s research functions; and coordinate this system with state, federal, and private sector efforts to insure a cost-effective information resource that will avoid unnecessary duplication; (3) Monitor international forest products markets and assess the status of the state’s forest products industry, including the competitiveness of small and medium-sized secondary manufacturing firms in the forest products industry, which for the purposes of this chapter shall be firms with annual revenues of twenty-five million or less, and including the increased exports of Washington-produced products of small and medium-sized secondary manufacturing firms; (4) Provide high-quality research and graduate education and professional nondegree training in international trade in [Title 76 RCW—page 59] 76.56.020 Title 76 RCW: Forests and Forest Products forest products in cooperation with the University of Washington’s graduate school of business administration, the school of law, the Jackson school of international studies, the Northwest policy center of the graduate school of public administration, and other supporting academic units; (5) Develop cooperative linkages with the international marketing program for agricultural commodities and trade at Washington State University, the international trade project of the United States forest service, the department of natural resources, the department of community, trade, and economic development, the small business export finance assistance center, and other state and federal agencies to avoid duplication of effort and programs; (6) Cooperate with personnel from the state’s community and technical colleges in their development of wood products manufacturing and wood technology curriculum and offer periodic workshops on wood products manufacturing, wood technology, and trade opportunities to community colleges and private educators and trainers; (7) Provide for public dissemination of research, analysis, and results of the center’s programs to all groups, including direct assistance groups, through technical workshops, short courses, international and national symposia, cooperation with private sector networks and marketing associations, or other means, including appropriate publications; (8) Establish an executive policy board, including representatives of small and medium-sized businesses, with at least fifty percent of its business members representing small businesses with one hundred or fewer employees and medium-sized businesses with one hundred to five hundred employees. The executive policy board shall also include a representative of the community and technical colleges, representatives of state and federal agencies, and a representative of a wood products manufacturing network or trade association of small and medium-sized wood product manufacturers. The executive policy board shall provide advice on: Overall policy direction and program priorities, state and federal budget requests, securing additional research funds, identifying priority areas of focus for research efforts, selection of projects for research, and dissemination of results of research efforts; and (9) Establish advisory or technical committees for each research program area, to advise on research program area priorities, consistent with the international trade opportunities achievable by the forest products sector of the state and region, to help ensure projects are relevant to industry needs, and to advise on and support effective dissemination of research results. Each advisory or technical committee shall include representatives of forest products industries that might benefit from this research. Service on the committees and the executive policy board established in subsections (8) and (9) of this section shall be without compensation but actual travel expenses incurred in connection with service to the center may be reimbursed from appropriated funds in accordance with RCW 43.03.050 and 43.03.060. [1994 c 282 § 1; 1992 c 121 § 1; 1987 c 195 § 16; 1985 c 122 § 2.] 76.56.030 Director—Appointment. The center shall be administered by a director appointed by the dean of the college of forest resources of the University of Washington. The director shall be a member of the professional staff of that college. [1985 c 122 § 3.] 76.56.040 Use of center’s programs, research, and advisory services—Schedule of fees. The governor, the legislature, state agencies, and the public may use the center’s programs, research, and advisory services as may be needed. The center shall establish a schedule of fees for actual services rendered. [1985 c 122 § 4.] 76.56.050 Solicitation of financial contributions and support—Annual report—Use of other funds. The center shall aggressively solicit financial contributions and support from the forest products industry, federal and state agencies, and other granting sources or through other arrangements to assist in conducting its activities. Subject to RCW 40.07.040, the center shall report annually to the governor and the legislature on its success in obtaining funding from nonstate sources and on its accomplishments in meeting the provisions of this chapter. It may also use separately appropriated funds of the University of Washington for the center’s activities. [1994 c 282 § 2; 1987 c 505 § 74; 1985 c 122 § 5.] Effective date—1994 c 282: See note following RCW 76.56.020. 76.56.900 Severability—1985 c 122. 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. [1985 c 122 § 6.] Effective date—1994 c 282: "This act shall take effect July 1, 1994." [1994 c 282 § 6.] [Title 76 RCW—page 60] (2002 Ed.) Title 77 FISH AND WILDLIFE Chapters 77.04 77.08 77.12 77.15 77.18 77.32 77.36 77.44 77.50 77.55 77.60 77.65 77.70 77.75 77.80 77.85 77.90 77.95 77.100 77.105 77.110 77.115 77.120 77.125 Department of fish and wildlife. General terms defined. Powers and duties. Fish and wildlife enforcement code. Game fish mitigation. Licenses. Wildlife damage. Warm water game fish enhancement program. Limitations on certain commercial fisheries. Construction projects in state waters. Shellfish. Food fish and shellfish—Commercial licenses. License limitation programs. Compacts and other agreements. Program to purchase fishing vessels and licenses. Salmon recovery. Salmon enhancement facilities—Bond issue. Salmon enhancement program. Volunteer fish and wildlife enhancement program. Recreational salmon and marine fish enhancement program. Salmon and steelhead trout—Management of resources. Aquaculture disease control. Ballast water management. Marine fin fish aquaculture programs. Carrier or racing pigeons—Injury to: RCW 9.61.190 and 9.61.200. Control of predatory birds injurious to agriculture: RCW 15.04.110 through 15.04.120. Coyote getters—Use in killing of coyotes: RCW 9.41.185. Hood Canal bridge, public sport fishing from: RCW 47.56.366. Infractions: Chapter 7.84 RCW. Operation and maintenance of fish collection facility on Toutle river: RCW 77.55.240. Volunteer cooperative fish and wildlife enhancement program: Chapter 77.100 RCW. Wildlife and recreation lands; funding of maintenance and operation: Chapter 79A.20 RCW. Chapter 77.04 DEPARTMENT OF FISH AND WILDLIFE (Formerly: Department of wildlife) Sections 77.04.010 77.04.012 77.04.013 77.04.020 77.04.030 (2002 Ed.) Short title. Mandate of department and commission. Findings and intent. Composition of department—Powers and duties. Commission—Appointment. 77.04.040 77.04.055 77.04.060 Commission—Qualifications of members. Commission—Duties. Commission—Meetings—Officers—Compensation, travel expenses. 77.04.080 Director—Qualifications—Duties—Salary. 77.04.090 Rule-making authority—Certified copy as evidence. 77.04.120 Director—Research—Reports. 77.04.130 Adoption and certification of rules. 77.04.140 Unofficial printings of laws or rules—Approval required. 77.04.150 Disabled hunters and fishers—Advisory committee— Composition—Terms—Pilot project—Report to the legislature. 77.04.160 Surplus salmon report. 77.04.170 Funding for fish stock protection or recovery programs— Prioritization and selection process requirements— Development of outcome-focused performance measures. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. 77.04.010 Short title. This title is known and may be cited as "Fish and Wildlife Code of the State of Washington." [2000 c 107 § 201; 1990 c 84 § 1; 1980 c 78 § 2; 1955 c 36 § 77.04.010. Prior: 1947 c 275 § 1; Rem. Supp. 1947 § 5992-11.] Effective date—1980 c 78: "This act shall take effect on July 1, 1981." [1980 c 78 § 137.] Intent, construction—1980 c 78: "In enacting this 1980 act, it is the intent of the legislature to revise and reorganize the game code of this state to clarify and improve the administration of the state’s game laws. Unless the context clearly requires otherwise, the revisions made to the game code by this act are not to be construed as substantive." [1980 c 78 § 1.] Savings—1980 c 78: "This act shall not have the effect of terminating or in any way modifying any proceeding or liability, civil or criminal, which exists on the effective date of this act." [1980 c 78 § 138.] Severability—1980 c 78: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 78 § 139.] 77.04.012 Mandate of department and commission. Wildlife, fish, and shellfish are the property of the state. The commission, director, and the department shall preserve, protect, perpetuate, and manage the wildlife and food fish, game fish, and shellfish in state waters and offshore waters. The department shall conserve the wildlife and food fish, game fish, and shellfish resources in a manner that does not impair the resource. In a manner consistent with this goal, the department shall seek to maintain the economic well-being and stability of the fishing industry in the state. The department shall promote orderly fisheries and shall enhance and improve recreational and commercial fishing in this state. The commission may authorize the taking of wildlife, food fish, game fish, and shellfish only at times or places, or in manners or quantities, as in the judgment of the commission does not impair the supply of these resources. [Title 77 RCW—page 1] 77.04.012 Title 77 RCW: Fish and Wildlife The commission shall attempt to maximize the public recreational game fishing and hunting opportunities of all citizens, including juvenile, disabled, and senior citizens. Recognizing that the management of our state wildlife, food fish, game fish, and shellfish resources depends heavily on the assistance of volunteers, the department shall work cooperatively with volunteer groups and individuals to achieve the goals of this title to the greatest extent possible. Nothing in this title shall be construed to infringe on the right of a private property owner to control the owner’s private property. [2000 c 107 § 2; 1983 1st ex.s. c 46 § 5; 1975 1st ex.s. c 183 § 1; 1949 c 112 § 3, part; Rem. Supp. 1949 § 5780-201, part. Formerly RCW 75.08.012, 43.25.020.] State policy regarding improvement of recreational salmon fishing: See note following RCW 77.65.150. 77.04.013 Findings and intent. The legislature supports the recommendations of the state fish and wildlife commission with regard to the commission’s responsibilities in the merged department of fish and wildlife. It is the intent of the legislature that, beginning July 1, 1996, the commission assume regulatory authority for food fish and shellfish in addition to its existing authority for game fish and wildlife. It is also the intent of the legislature to provide to the commission the authority to review and approve department agreements, to review and approve the department’s budget proposals, to adopt rules for the department, and to select commission staff and the director of the department. The legislature finds that all fish, shellfish, and wildlife species should be managed under a single comprehensive set of goals, policies, and objectives, and that the decisionmaking authority should rest with the fish and wildlife commission. The commission acts in an open and deliberative process that encourages public involvement and increases public confidence in department decision making. [1995 1st sp.s. c 2 § 1 (Referendum Bill No. 45, approved November 7, 1995). Formerly RCW 75.08.013.] Referral to electorate—1995 1st sp.s. c 2: "This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof." [1995 1st sp.s. c 2 § 46.] Referendum Bill No. 45 was approved by the electorate at the November 7, 1995, election. 77.04.020 Composition of department—Powers and duties. The department consists of the state fish and wildlife commission and the director. The commission may delegate to the director any of the powers and duties vested in the commission. [2000 c 107 § 202; 1996 c 267 § 32; 1993 sp.s. c 2 § 59; 1987 c 506 § 4; 1980 c 78 § 3; 1955 c 36 § 77.04.020. Prior: 1947 c 275 § 2; Rem. Supp. 1947 § 5992-12.] Intent—Effective date—1996 c 267: See notes following RCW 77.12.177. Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent—1987 c 506: "Washington’s fish and wildlife resources are the responsibility of all residents of the state. We all benefit economically, recreationally, and aesthetically from these [Title 77 RCW—page 2] resources. Recognizing the state’s changing environment, the legislature intends to continue to provide opportunities for the people to appreciate wildlife in its native habitat. However, the wildlife management in the state of Washington shall not cause a reduction of recreational opportunity for hunting and fishing activities. The paramount responsibility of the department remains to preserve, protect, and perpetuate all wildlife species. Adequate funding for proper management, now and for future generations, is the responsibility of everyone. The intent of the legislature is: (1) To allow the governor to select the director of wildlife; (2) to retain the authority of the wildlife commission to establish the goals and objectives of the department; (3) to insure a high level of public involvement in the decision-making process; (4) to provide effective communications among the commission, the governor, the legislature, and the public; (5) to expand the scope of appropriate funding for the management, conservation, and enhancement of wildlife; (6) to not increase the cost of license, tag, stamp, permit, and punchcard fees prior to January 1, 1990; and (7) for the commission to carry out any other responsibilities prescribed by the legislature in this title." [1987 c 506 § 1.] References—1987 c 506: "All references in the Revised Code of Washington to the department of game, the game commission, the director of game, and the game fund shall mean, respectively, the department of wildlife, the wildlife commission, the director of wildlife, and the wildlife fund." [1987 c 506 § 99.] Continuation of rules, director, game commission—1987 c 506: "Rules of the department of game existing prior to July 26, 1987, shall remain in effect unless or until amended or repealed by the director of wildlife or the wildlife commission pursuant to Title 77 RCW. The director of game on July 26, 1987, shall continue as the director of wildlife until resignation or removal in accordance with the provisions of RCW 43.17.020. The game commission on July 26, 1987, shall continue as the wildlife commission." [1987 c 506 § 100.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.04.030 Commission—Appointment. The fish and wildlife commission consists of nine registered voters of the state. In January of each odd-numbered year, the governor shall appoint with the advice and consent of the senate three registered voters to the commission to serve for terms of six years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission prior to the expiration of a term, the governor shall appoint a registered voter within sixty days to complete the term. Three members shall be residents of that portion of the state lying east of the summit of the Cascade mountains, and three shall be residents of that portion of the state lying west of the summit of the Cascade mountains. Three additional members shall be appointed at-large. No two members may be residents of the same county. The legal office of the commission is at the administrative office of the department in Olympia. [2001 c 155 § 1; 2000 c 107 § 203; 1994 c 264 § 52; 1993 sp.s. c 2 § 60; 1987 c 506 § 5; 1981 c 338 § 11; 1980 c 78 § 4; 1955 c 36 § 77.04.030. Prior: 1947 c 275 § 3; Rem. Supp. 1947 § 5992-13.] Effective date—1993 sp.s. c 2 §§ 7, 60, 80, and 82-100: See RCW 77.105.100. Severability—1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.04.040 Commission—Qualifications of members. Persons eligible for appointment as members of the commission shall have general knowledge of the habits and distribution of fish and wildlife and shall not hold another state, county, or municipal elective or appointive office. In (2002 Ed.) Department of Fish and Wildlife making these appointments, the governor shall seek to maintain a balance reflecting all aspects of fish and wildlife, including representation recommended by organized groups representing sportfishers, commercial fishers, hunters, private landowners, and environmentalists. Persons eligible for appointment as fish and wildlife commissioners shall comply with the provisions of chapters 42.52 and 42.17 RCW. [1995 1st sp.s. c 2 § 3 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 61; 1987 c 506 § 6; 1980 c 78 § 5; 1955 c 36 § 77.04.040. Prior: 1947 c 275 § 4; Rem. Supp. 1947 § 5992-14.] 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 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.04.055 Commission—Duties. (1) In establishing policies to preserve, protect, and perpetuate wildlife, fish, and wildlife and fish habitat, the commission shall meet annually with the governor to: (a) Review and prescribe basic goals and objectives related to those policies; and (b) Review the performance of the department in implementing fish and wildlife policies. The commission shall maximize fishing, hunting, and outdoor recreational opportunities compatible with healthy and diverse fish and wildlife populations. (2) The commission shall establish hunting, trapping, and fishing seasons and prescribe the time, place, manner, and methods that may be used to harvest or enjoy game fish and wildlife. (3) The commission shall establish provisions regulating food fish and shellfish as provided in RCW 77.12.047. (4) The commission shall have final approval authority for tribal, interstate, international, and any other department agreements relating to fish and wildlife. (5) The commission shall adopt rules to implement the state’s fish and wildlife laws. (6) The commission shall have final approval authority for the department’s budget proposals. (7) The commission shall select its own staff and shall appoint the director of the department. The director and commission staff shall serve at the pleasure of the commission. [2000 c 107 § 204; 1995 1st sp.s. c 2 § 4 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 62; 1990 c 84 § 2; 1987 c 506 § 7.] 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 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. (2002 Ed.) 77.04.040 77.04.060 Commission—Meetings—Officers— Compensation, travel expenses. The commission shall hold at least one regular meeting during the first two months of each calendar quarter, and special meetings when called by the chair and by five members. Five members constitute a quorum for the transaction of business. The commission at a meeting in each odd-numbered year shall elect one of its members as chairman and another member as vice chairman, each of whom shall serve for a term of two years or until a successor is elected and qualified. Members of the commission shall be compensated in accordance with RCW 43.03.250. In addition, members are allowed their travel expenses incurred while absent from their usual places of residence in accordance with RCW 43.03.050 and 43.03.060. [1993 sp.s. c 2 § 63. Prior: 1987 c 506 § 8; 1987 c 114 § 1; 1984 c 287 § 110; 1980 c 78 § 6; 1977 c 75 § 89; 1975-’76 2nd ex.s. c 34 § 175; 1961 c 307 § 9; 1955 c 352 § 1; 1955 c 36 § 77.04.060; prior: 1949 c 205 § 1; 1947 c 275 § 6; Rem. Supp. 1949 § 599216.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 77.04.080 Director—Qualifications—Duties—Salary. Persons eligible for appointment as director shall have practical knowledge of the habits and distribution of fish and wildlife. The director shall supervise the administration and operation of the department and perform the duties prescribed by law and delegated by the commission. The director shall carry out the basic goals and objectives prescribed under RCW 77.04.055. The director may appoint and employ necessary personnel. The director may delegate, in writing, to department personnel the duties and powers necessary for efficient operation and administration of the department. Only persons having general knowledge of the fisheries and wildlife resources and of the commercial and recreational fishing industry in this state are eligible for appointment as director. The director shall not have a financial interest in the fishing industry or a directly related industry. The director shall receive the salary fixed by the governor under RCW 43.03.040. The director is the ex officio secretary of the commission and shall attend its meetings and keep a record of its business. [2000 c 107 § 205; 1995 1st sp.s. c 2 § 5 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 64; 1987 c 506 § 9; 1980 c 78 § 8; 1955 c 36 § 77.04.080. Prior: 1947 c 275 § 8; Rem. Supp. 1947 § 5992-18.] Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013. [Title 77 RCW—page 3] 77.04.080 Title 77 RCW: Fish and Wildlife Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020. Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.04.090 Rule-making authority—Certified copy as evidence. The commission shall adopt permanent rules and amendments to or repeals of existing rules by approval of a majority of the members by resolution, entered and recorded in the minutes of the commission: PROVIDED, That the commission may not adopt rules after July 23, 1995, that are based solely on a section of law stating a statute’s intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule. The commission shall adopt emergency rules by approval of a majority of the members. The commission, when adopting emergency rules under RCW 77.12.150, shall adopt rules in conformance with chapter 34.05 RCW. Judicial notice shall be taken of the rules filed and published as provided in RCW 34.05.380 and 34.05.210. A copy of an emergency rule, certified as a true copy by a member of the commission, the director, or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule. [1996 c 267 § 35; 1995 c 403 § 111; 1984 c 240 § 1; 1980 c 78 § 16; 1955 c 36 § 77.12.050. Prior: 1947 c 275 § 15; Rem. Supp. 1947 § 5992-25. Formerly RCW 77.12.050.] Intent—Effective date—1996 c 267: See notes following RCW 77.12.177. Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328. Part headings not law—Severability—1995 c 403: See RCW 43.05.903 and 43.05.904. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.04.120 Director—Research—Reports. (1) The director shall investigate the habits, supply, and economic use of food fish and shellfish in state and offshore waters. (2) The director shall make an annual report to the governor on the operation of the department and the statistics of the fishing industry. (3) Subject to RCW 40.07.040, the director shall provide a comprehensive biennial report of all departmental operations to the chairs of the committees on natural resources of the senate and house of representatives, the senate ways and means committee, and the house of representatives appropriations committee, including one copy to the staff of each of the committees, to reflect the previous fiscal period. The format of the report shall be similar to reports issued by the department from 1964-1970 and the report shall include, but not be limited to, descriptions of all department activities including: Revenues generated, program costs, capital expenditures, personnel, special projects, new and ongoing research, environmental controls, cooperative projects, [Title 77 RCW—page 4] intergovernmental agreements, and outlines of ongoing litigation, recent court decisions and orders on major issues with the potential for state liability. The report shall describe the status of the resource and its recreational, commercial, and tribal utilization. The report shall be made available to the public. [2000 c 107 § 3; 1988 c 36 § 31; 1987 c 505 § 71; 1985 c 208 § 1; 1985 c 93 § 1; 1983 1st ex.s. c 46 § 7; 1977 c 75 § 87; 1955 c 12 § 75.08.020. Prior: 1949 c 112 § 7(3), (6), (7); Rem. Supp. 1949 § 5780206 (3), (6), (7). Formerly RCW 75.08.020.] Director of fish and wildlife to develop proposals to reinstate salmon and steelhead in Tilton and Cowlitz rivers: RCW 77.12.765. 77.04.130 Adoption and certification of rules. (1) Rules of the commission shall be adopted by the commission or a designee in accordance with chapter 34.05 RCW. (2) Rules of the commission shall be admitted as evidence in the courts of the state when accompanied by an affidavit from the commission or a designee certifying that the rule has been lawfully adopted and the affidavit is prima facie evidence of the adoption of the rule. (3) The commission may designate department employees to act on the commission’s behalf in the adoption and certification of rules. [1995 1st sp.s. c 2 § 12 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 16; 1973 c 93 § 1; 1955 c 12 § 75.08.090. Prior: 1949 c 112 § 6, part; Rem. Supp. 1949 § 5780-205, part. Formerly RCW 75.08.090.] 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. 77.04.140 Unofficial printings of laws or rules— Approval required. Provisions of this title or rules of the commission shall not be printed in a pamphlet unless the pamphlet is clearly marked as an unofficial version. This section does not apply to printings approved by the commission. [1995 1st sp.s. c 2 § 13 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 17; 1955 c 12 § 75.08.110. Prior: 1949 c 112 § 16; Rem. Supp. 1949 § 5780-215. Formerly RCW 75.08.110.] 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. 77.04.150 Disabled hunters and fishers—Advisory committee—Composition—Terms—Pilot project—Report to the legislature. (1) The commission must appoint an advisory committee to generally represent the interests of disabled hunters and fishers on matters including, but not limited to, special hunts, modified sporting equipment, access to public land, and hunting and fishing opportunities. The advisory committee is composed of seven members, each being a person with a disability. The advisory committee members must represent the entire state. The members must be appointed so that each of the six department administrative regions, as they existed on January 1, 2001, are represented with one resident on the advisory committee. One additional member must be appointed at large. The chair of the advisory committee must be a member of the advisory (2002 Ed.) Department of Fish and Wildlife committee and shall be selected by the members of the advisory committee. (2) For the purposes of this section, a person with a disability includes but is not limited to: (a) A permanently disabled person who is not ambulatory over natural terrain without a prosthesis or assistive device; (b) A permanently disabled person who is unable to walk without the use of assistance from a brace, cane, crutch, wheelchair, scooter, walker, or other assistive device; (c) A person who has a cardiac condition to the extent that the person’s functional limitations are severe; (d) A person who is restricted by lung disease to the extent that the person’s functional limitations are severe; (e) A person who is totally blind or visually impaired; or (f) A permanently disabled person with upper or lower extremity impairments who does not have the use of one or both upper or lower extremities. (3) The members of the advisory committee are appointed for a four-year term. If a vacancy occurs on the advisory committee prior to the expiration of a term, the commission must appoint a replacement within sixty days to complete the term. (4) The advisory committee must meet at least semiannually, and may meet at other times as requested by a majority of the advisory committee members for any express purpose that directly relates to the duties set forth in subsection (1) of this section. A majority of members currently serving on the advisory committee constitutes a quorum. The department must provide staff support for all official advisory committee meetings. (5) Each member of the advisory committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. (6) The members of the advisory committee, or individuals acting on their behalf, are immune from civil liability for official acts performed in the course of their duties. (7) The provisions of this section constitute a pilot program that expires July 1, 2005. On December 1, 2004, the commission shall present a report to the appropriate legislative committees detailing the effectiveness of the advisory committee, including[,] but not limited to, the participation levels, general interest, quality of advice, and recommendations as to the advisory committee’s continuance or modification. [2001 c 312 § 1.] 77.04.160 Surplus salmon report. (1) The department shall prepare an annual surplus salmon report. This report shall include the disposition of adult salmonids that have returned to salmonid hatchery facilities operated under the jurisdiction of the state that: (a) Have not been harvested; and (b) Were not allowed to escape for natural spawning. (2) The report shall include, by species, the number and estimated weight of surplus salmon and steelhead and a description of the disposition of the adult carcasses including, but not limited to, the following categories: (a) Disposed in landfills; (b) Transferred to another government agency for reproductive purposes; (2002 Ed.) 77.04.150 (c) Sold to contract buyers in the round; (d) Sold to contract buyers after spawning; (e) Transferred to Native American tribes; (f) Donated to food banks; and (g) Used in stream nutrient enrichment programs. (3) The report shall also include, by species, information on the number of requests for viable salmon eggs, the number of these requests that were granted and the number that were denied, the geographic areas for which these requests were granted or denied, and a brief explanation given for each denial of a request for viable salmon eggs. (4) The report shall be included in the biennial state of the salmon report required by RCW 77.85.020 and other similar state reports on salmon. (5) The report shall include an assessment of the infrastructure needs and facility modifications necessary to implement chapter 337, Laws of 2001. [2001 c 337 § 5.] 77.04.170 Funding for fish stock protection or recovery programs—Prioritization and selection process requirements—Development of outcome-focused performance measures. In administering programs funded with moneys from the capital budget related to protection or recovery of fish stocks, the department shall incorporate the environmental benefits of a project into its prioritization and selection process. The department shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The department shall consult with affected interest groups in implementing this section. [2001 c 227 § 11.] Findings—Intent—2001 c 227: See note following RCW 43.41.270. Chapter 77.08 GENERAL TERMS DEFINED Sections 77.08.010 77.08.020 77.08.022 77.08.024 77.08.030 77.08.045 Definitions. "Game fish" defined. "Food fish" defined. "Salmon" defined. "Big game" defined. Migratory waterfowl terms defined. 77.08.010 Definitions. As used in this title or rules adopted under this title, unless the context clearly requires otherwise: (1) "Director" means the director of fish and wildlife. (2) "Department" means the department of fish and wildlife. (3) "Commission" means the state fish and wildlife commission. (4) "Person" means and includes an individual; a corporation; a public or private entity or organization; a local, state, or federal agency; all business organizations, including corporations and partnerships; or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity. [Title 77 RCW—page 5] 77.08.010 Title 77 RCW: Fish and Wildlife (5) "Fish and wildlife officer" means a person appointed and commissioned by the director, with authority to enforce this title and rules adopted pursuant to this title, and other statutes as prescribed by the legislature. Fish and wildlife officer includes a person commissioned before June 11, 1998, as a wildlife agent or a fisheries patrol officer. (6) "Ex officio fish and wildlife officer" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio fish and wildlife officer" includes special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions. (7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird. (8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds. (9) "To fish," "to harvest," and "to take," and their derivatives means an effort to kill, injure, harass, or catch a fish or shellfish. (10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that conform to the special restrictions or physical descriptions established by rule of the commission or that have otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission. "Open season" includes the first and last days of the established time. (11) "Closed season" means all times, manners of taking, and places or waters other than those established by rule of the commission as an open season. "Closed season" also means all hunting, fishing, taking, or possession of game animals, game birds, game fish, food fish, or shellfish that do not conform to the special restrictions or physical descriptions established by rule of the commission as an open season or that have not otherwise been deemed legal to hunt, fish, take, harvest, or possess by rule of the commission as an open season. (12) "Closed area" means a place where the hunting of some or all species of wild animals or wild birds is prohibited. (13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing or harvesting is prohibited. (14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited. (15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species. (16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, old world rats and mice [Title 77 RCW—page 6] of the family Muridae of the order Rodentia, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members. (17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or old world rats and mice of the family Muridae of the order Rodentia. (18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state. (19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished. (20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction. (21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission. (22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission. (23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission. (24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission. (25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state. (26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities. (27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices. (28) "Fish" includes all species classified as game fish or food fish by statute or rule, as well as all fin fish not currently classified as food fish or game fish if such species exist in state waters. The term "fish" includes all stages of development and the bodily parts of fish species. (29) "Raffle" means an activity in which tickets bearing an individual number are sold for not more than twenty-five dollars each and in which a permit or permits are awarded to hunt or for access to hunt big game animals or wild turkeys on the basis of a drawing from the tickets by the person or persons conducting the raffle. (30) "Youth" means a person fifteen years old for fishing and under sixteen years old for hunting. (31) "Senior" means a person seventy years old or older. (32) "License year" means the period of time for which a recreational license is valid. The license year begins April 1st, and ends March 31st. (33) "Saltwater" means those marine waters seaward of river mouths. (34) "Freshwater" means all waters not defined as saltwater including, but not limited to, rivers upstream of the river mouth, lakes, ponds, and reservoirs. (35) "State waters" means all marine waters and fresh waters within ordinary high water lines and within the territorial boundaries of the state. (36) "Offshore waters" means marine waters of the Pacific Ocean outside the territorial boundaries of the state, including the marine waters of other states and countries. (2002 Ed.) General Terms Defined (37) "Concurrent waters of the Columbia river" means those waters of the Columbia river that coincide with the Washington-Oregon state boundary. (38) "Resident" means a person who has maintained a permanent place of abode within the state for at least ninety days immediately preceding an application for a license, has established by formal evidence an intent to continue residing within the state, and who is not licensed to hunt or fish as a resident in another state. (39) "Nonresident" means a person who has not fulfilled the qualifications of a resident. (40) "Shellfish" means those species of marine and freshwater invertebrates that have been classified and that shall not be taken except as authorized by rule of the commission. The term "shellfish" includes all stages of development and the bodily parts of shellfish species. (41) "Commercial" means related to or connected with buying, selling, or bartering. (42) "To process" and its derivatives mean preparing or preserving fish, wildlife, or shellfish. (43) "Personal use" means for the private use of the individual taking the fish or shellfish and not for sale or barter. (44) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a hand-held line operated without rod or reel. (45) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a particular geographical area. (46) "Limited-entry license" means a license subject to a license limitation program established in chapter 77.70 RCW. (47) "Seaweed" means marine aquatic plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free floating form, and includes but is not limited to marine aquatic plants in the classes Chlorophyta, Phaeophyta, and Rhodophyta. (48) "Trafficking" means offering, attempting to engage, or engaging in sale, barter, or purchase of fish, shellfish, wildlife, or deleterious exotic wildlife. (49) "Invasive species" means a plant species or a nonnative animal species that either: (a) Causes or may cause displacement of, or otherwise threatens, native species in their natural communities; (b) Threatens or may threaten natural resources or their use in the state; (c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state waters; or (d) Threatens or harms human health. (50) "Prohibited aquatic animal species" means an invasive species of the animal kingdom that has been classified as a prohibited aquatic animal species by the commission. (51) "Regulated aquatic animal species" means a potentially invasive species of the animal kingdom that has been classified as a regulated aquatic animal species by the commission. (52) "Unregulated aquatic animal species" means a nonnative animal species that has been classified as an unregulated aquatic animal species by the commission. (2002 Ed.) 77.08.010 (53) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species, or an unregulated aquatic animal species by the commission. (54) "Aquatic plant species" means an emergent, submersed, partially submersed, free-floating, or floatingleaving plant species that grows in or near a body of water or wetland. [2002 c 281 § 2; 2001 c 253 § 10; 2000 c 107 § 207; 1998 c 190 § 111; 1996 c 207 § 2; 1993 sp.s. c 2 § 66; 1989 c 297 § 7; 1987 c 506 § 11; 1980 c 78 § 9; 1955 c 36 § 77.08.010. Prior: 1947 c 275 § 9; Rem. Supp. 1947 § 5992-19.] Purpose—2002 c 281: "The legislature recognizes the potential economic and environmental damage that can occur from the introduction of invasive aquatic species. The purpose of this act is to increase public awareness of invasive aquatic species and enhance the department of fish and wildlife’s regulatory capability to address threats posed by these species." [2002 c 281 § 1.] Intent—1996 c 207: "It is the intent of the legislature to clarify hunting and fishing laws in light of the decision in State v. Bailey, 77 Wn. App. 732 (1995). The fish and wildlife commission has the authority to establish hunting and fishing seasons. These seasons are defined by limiting the times, manners of taking, and places or waters for lawful hunting, fishing, or possession of game animals, game birds, or game fish, as well as by limiting the physical characteristics of the game animals, game birds, or game fish which may be lawfully taken at those times, in those manners, and at those places or waters." [1996 c 207 § 1.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.08.020 "Game fish" defined. (1) As used in this title or rules of the commission, "game fish" means those species of the class Osteichthyes that shall not be fished for except as authorized by rule of the commission and includes: Scientific Name Common Name Ambloplites rupestris Coregonus clupeaformis Ictalurus furcatus Ictalurus melas Ictalurus natalis Ictalurus nebulosus Ictalurus punctatus Lepomis cyanellus Lepomis gibbosus Lepomis gulosus Lepomis macrochirus Lota lota Micropterus dolomieui Micropterus salmoides Oncorhynchus nerka (in its landlocked form) Perca flavescens Pomixis annularis Pomixis nigromaculatus Prosopium williamsoni Oncorhynchus aquabonita Oncorhynchus clarkii Oncorhynchus mykiss rock bass lake white fish blue catfish black bullhead yellow bullhead brown bullhead channel catfish green sunfish pumpkinseed warmouth bluegill burbot or fresh water ling smallmouth bass largemouth bass kokanee or silver trout yellow perch white crappie black crappie mountain white fish golden trout cutthroat trout rainbow or steelhead trout [Title 77 RCW—page 7] 77.08.020 Title 77 RCW: Fish and Wildlife Salmo salar (in its landlocked form) Salmo trutta Salvelinus fontinalis Salvelinus malma Salvelinus namaycush Stizostedion vitreum Thymallus articus Atlantic salmon brown trout eastern brook trout Dolly Varden trout lake trout Walleye arctic grayling (2) Private sector cultured aquatic products as defined in RCW 15.85.020 are not game fish. [1989 c 218 § 2; 1985 c 457 § 21; 1980 c 78 § 10; 1969 ex.s. c 19 § 1; 1955 c 36 § 77.08.020. Prior: 1947 c 275 § 10; Rem. Supp. 1947 § 5992-20.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.08.022 "Food fish" defined. "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that have been classified and that shall not be fished for except as authorized by rule of the commission. The term "food fish" includes all stages of development and the bodily parts of food fish species. [2000 c 107 § 208.] 77.08.024 "Salmon" defined. "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in RCW 77.08.020, and includes: Scientific Name Common Name Oncorhynchus Oncorhynchus Oncorhynchus Oncorhynchus Oncorhynchus Chinook salmon Coho salmon Chum salmon Pink salmon Sockeye salmon tshawytscha kisutch keta gorbuscha nerka (2) "Migratory bird" means migratory waterfowl and coots, snipe, doves, and band-tailed pigeon; (3) "Migratory bird stamp" means the stamp that is required by RCW 77.32.350 to be in the possession of all persons to hunt migratory birds; (4) "Prints and artwork" means replicas of the original stamp design that are sold to the general public. Prints and artwork are not to be construed to be the migratory bird stamp that is required by RCW 77.32.350. Artwork may be any facsimile of the original stamp design, including color renditions, metal duplications, or any other kind of design; and (5) "Migratory waterfowl art committee" means the committee created by RCW 77.12.680. The committee’s primary function is to select the annual migratory bird stamp design. [1998 c 191 § 31; 1987 c 506 § 12; 1985 c 243 § 2.] Effective date—1998 c 191: See note following RCW 77.32.050. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Chapter 77.12 POWERS AND DUTIES Sections 77.12.010 77.12.020 77.12.031 77.12.035 77.12.037 77.12.039 77.12.043 [2000 c 107 § 209.] 77.12.045 77.08.030 "Big game" defined. As used in this title or rules of the commission, "big game" means the following species: Scientific Name Common Name Cervus canadensis Odocoileus hemionus Odocoileus virginianus Alces americana Oreamnos americanus Rangifer caribou Ovis canadensis Antilocapra americana Felis concolor Euarctos americana Ursus horribilis elk or wapiti blacktail deer or mule deer whitetail deer moose mountain goat caribou mountain sheep pronghorn antelope cougar or mountain lion black bear grizzly bear [1980 c 78 § 11; 1971 ex.s. c 166 § 1.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.08.045 Migratory waterfowl terms defined. As used in this title or rules adopted pursuant to this title: (1) "Migratory waterfowl" means members of the family Anatidae, including brants, ducks, geese, and swans; 77.12.047 77.12.140 77.12.150 77.12.152 77.12.154 77.12.170 77.12.177 77.12.184 77.12.190 77.12.201 77.12.203 77.12.204 77.12.210 77.12.220 77.12.230 77.12.240 77.12.260 77.12.262 77.12.264 77.12.275 [Title 77 RCW—page 8] Limitation on prohibiting fishing with bait or artificial lures. Wildlife to be classified. Llamas and alpacas. Protection of grizzly bears—Limitation on transplantation or introduction—Negotiations with federal and state agencies. Acquisition, use, and management of property— Condemnation—When authorized. Acceptance of funds or property for damage claims or conservation of fish, shellfish, and wildlife resources. Contracts and agreements for propagation of fish or shellfish. Territorial authority of commission—Adoption of federal regulations and rules of fisheries commissions and compacts. Scope of commission’s authority to adopt rules— Application to private tideland owners or lessees of the state. Acquisition or sale of wildlife. Game seasons—Opening and closing—Bag limits. Commission may designate fishing areas. Right of entry—Aircraft operated by department. State wildlife fund—Deposits. Disposition of moneys collected—Proceeds from sale of food fish or shellfish—Unanticipated receipts. Deposit of moneys from various activities—Production of regulation booklets. Diversion of wildlife fund moneys prohibited. Counties may elect to receive an amount in lieu of taxes— County to record collections for violations of law or rules—Deposit. In lieu payments authorized—Procedure—Game lands defined. Grazing lands—Fish and wildlife goals—Implementation. Department property—Management, sale. Acquisition or transfer of property. Local assessments against department property. Authority to take wildlife—Disposition. Agreements to prevent damage to private property. Fish and wildlife officers compensation insurance—Medical aid. Fish and wildlife officers—Relieved from active duty when injured—Compensation. Agreements with department of defense. (2002 Ed.) Powers and Duties 77.12.285 Agreements with United States to protect Columbia River fish—Fish cultural stations and protective devices. 77.12.315 Dogs harassing deer and elk—Declaration of emergency— Taking dogs into custody or destroying—Immunity. 77.12.320 Agreements for purposes related to fish, shellfish, and wildlife—Acceptance of compensation, gifts, grants. 77.12.323 Special wildlife account—Investments. 77.12.325 Cooperation with Oregon to assure yields of Columbia river fish, shellfish, and wildlife. 77.12.330 Exclusive fishing waters for youths. 77.12.360 Withdrawal of state land from lease—Compensation. 77.12.370 Withdrawal of state land from lease—County procedures, approval, hearing. 77.12.380 Withdrawal of state land from lease—Actions by commissioner of public lands. 77.12.390 Withdrawal of state land from lease—Payment. 77.12.420 Improvement of conditions for growth of game fish. 77.12.451 Director may take or sell fish or shellfish—Restrictions on sale of salmon. 77.12.453 Salmon fishing by Wanapum (Sokulk) Indians. 77.12.455 Prevention and suppression of diseases and pests. 77.12.459 Release and recapture of salmon or steelhead prohibited. 77.12.465 Abandoned or derelict vessels. 77.12.540 Public shooting grounds—Effect of filing—Use for booming. 77.12.550 Tidelands used as public shooting grounds—Diversion. 77.12.560 Tidelands used as public shooting grounds—Rules. 77.12.570 Game farm licenses—Rules—Exemption. 77.12.580 Game farms—Authority to dispose of eggs. 77.12.590 Game farms—Tagging of products—Exemption. 77.12.600 Game farms—Shipping of wildlife—Exemption. 77.12.605 Whidbey Island game farm—Sale of property. 77.12.610 Check stations—Purpose. 77.12.620 Check stations—Stopping for inspection. 77.12.630 Check stations—Other inspections, powers. 77.12.650 Protection of bald eagles and their habitats—Cooperation required. 77.12.655 Habitat buffer zones for bald eagles—Rules. 77.12.670 Migratory bird stamp/migratory bird license validations— Deposit and use of revenues. 77.12.680 Migratory waterfowl art committee—Membership—Terms— Vacancies—Chairman—Review of expenditures— Compensation. 77.12.690 Migratory waterfowl art committee—Duties—Deposit and use of funds—Audits. 77.12.710 Game fish production—Double by year 2000. 77.12.722 Canada goose hunting—Season or bag limit restriction. 77.12.750 Senior environmental corps—Department powers and duties. 77.12.760 Steelhead trout fishery. 77.12.765 Tilton and Cowlitz rivers—Proposals to reinstate salmon and steelhead. 77.12.790 Eastern Washington pheasant enhancement program— Purpose. 77.12.800 Pheasant hunting—Opportunities for juvenile hunters. 77.12.810 Small game hunting license—Disposition of fee. 77.12.820 Eastern Washington pheasant enhancement account— Created—Use of moneys. 77.12.850 Definitions. 77.12.852 Washington salmon stamp program—Creation. 77.12.854 Washington junior salmon stamp program—Creation. 77.12.856 Salmon stamp selection committee—Creation. 77.12.858 Deposit of receipts—Expenditures. 77.12.860 Stamp design—Department’s rule-making authority. 77.12.865 Derelict fishing gear—Guidelines for removal and disposal. 77.12.870 Derelict fishing gear data base. 77.12.875 Prohibited aquatic animal species—Infested state waters. 77.12.878 Infested waters—Rapid response plan. Wild salmonid policy: RCW 77.65.420. 77.12.010 Limitation on prohibiting fishing with bait or artificial lures. The commission shall not adopt rules that categorically prohibit fishing with bait or artificial lures in streams, rivers, beaver ponds, and lakes except that the commission may adopt rules and regulations restricting (2002 Ed.) Chapter 77.12 fishing methods upon a determination by the director that an individual body of water or part thereof clearly requires a fishing method prohibition to conserve or enhance the fisheries resource or to provide selected fishing alternatives. [2000 c 107 § 210; 1985 c 438 § 1; 1980 c 78 § 12; 1977 c 74 § 1; 1955 c 36 § 77.12.010. Prior: 1947 c 275 § 11; Rem. Supp. 1947 § 5992-21.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.020 Wildlife to be classified. (1) The director shall investigate the habits and distribution of the various species of wildlife native to or adaptable to the habitats of the state. The commission shall determine whether a species should be managed by the department and, if so, classify it under this section. (2) The commission may classify by rule wild animals as game animals and game animals as fur-bearing animals. (3) The commission may classify by rule wild birds as game birds or predatory birds. All wild birds not otherwise classified are protected wildlife. (4) In addition to those species listed in RCW 77.08.020, the commission may classify by rule as game fish other species of the class Osteichthyes that are commonly found in fresh water except those classified as food fish by the director. (5) The director may recommend to the commission that a species of wildlife should not be hunted or fished. The commission may designate species of wildlife as protected. (6) If the director determines that a species of wildlife is seriously threatened with extinction in the state of Washington, the director may request its designation as an endangered species. The commission may designate an endangered species. (7) If the director determines that a species of the animal kingdom, not native to Washington, is dangerous to the environment or wildlife of the state, the director may request its designation as deleterious exotic wildlife. The commission may designate deleterious exotic wildlife. (8) Upon recommendation by the director, the commission may classify nonnative aquatic animal species according to the following categories: (a) Prohibited aquatic animal species: These species are considered by the commission to have a high risk of becoming an invasive species and may not be possessed, imported, purchased, sold, propagated, transported, or released into state waters except as provided in RCW 77.15.253; (b) Regulated aquatic animal species: These species are considered by the commission to have some beneficial use along with a moderate, but manageable risk of becoming an invasive species, and may not be released into state waters, except as provided in RCW 77.15.253. The commission shall classify the following commercial aquaculture species as regulated aquatic animal species, and allow their release into state waters pursuant to rule of the commission: Pacific oyster (Crassostrea gigas), kumamoto oyster (Crassostrea sikamea), European flat oyster (Ostrea edulis), eastern oyster (Crassostrea virginica), manila clam (Tapes philippinarum), blue mussel (Mytilus galloprovincialis), and suminoe oyster (Crassostrea ariankenisis); (c) Unregulated aquatic animal species: These species are considered by the commission as having some beneficial [Title 77 RCW—page 9] 77.12.020 Title 77 RCW: Fish and Wildlife use along with a low risk of becoming an invasive species, and are not subject to regulation under this title; (d) Unlisted aquatic animal species: These species are not designated as a prohibited aquatic animal species, regulated aquatic animal species, or unregulated aquatic animal species by the commission, and may not be released into state waters. Upon request, the commission may determine the appropriate category for an unlisted aquatic animal species and classify the species accordingly; (e) This subsection (8) does not apply to the transportation or release of nonnative aquatic animal species by ballast water or ballast water discharge. (9) Upon recommendation by the director, the commission may develop a work plan to eradicate native aquatic species that threaten human health. Priority shall be given to water bodies that the department of health has classified as representing a threat to human health based on the presence of a native aquatic species. [2002 c 281 § 3; 1994 c 264 § 53; 1987 c 506 § 13; 1980 c 78 § 13; 1969 ex.s. c 18 § 1; 1955 c 36 § 77.12.020. Prior: 1947 c 275 § 12; Rem. Supp. 1947 § 5992-22.] Purpose—2002 c 281: See note following RCW 77.08.010. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.031 Llamas and alpacas. The authority of the department does not extend to preventing, controlling, or suppressing diseases in llamas or alpacas or to controlling the movement or sale of llamas or alpacas. This section shall not be construed as granting or denying authority to the department to prevent, control, or suppress diseases in any animals other than llamas and alpacas. [1994 c 264 § 54; 1993 c 80 § 4.] 77.12.035 Protection of grizzly bears—Limitation on transplantation or introduction—Negotiations with federal and state agencies. The commission shall protect grizzly bears and develop management programs on publicly owned lands that will encourage the natural regeneration of grizzly bears in areas with suitable habitat. Grizzly bears shall not be transplanted or introduced into the state. Only grizzly bears that are native to Washington state may be utilized by the department for management programs. The department is directed to fully participate in all discussions and negotiations with federal and state agencies relating to grizzly bear management and shall fully communicate, support, and implement the policies of this section. [2000 c 107 § 211; 1995 c 370 § 1.] 77.12.037 Acquisition, use, and management of property—Condemnation—When authorized. The commission may acquire by gift, easement, purchase, lease, or condemnation lands, buildings, water rights, rights of way, or other necessary property, and construct and maintain necessary facilities for purposes consistent with this title. The commission may authorize the director to acquire property under this section, but the power of condemnation may only be exercised by the director when an appropriation has been made by the legislature for the acquisition of a specific [Title 77 RCW—page 10] property, except to clear title and acquire access rights of way. The commission may sell, lease, convey, or grant concessions upon real or personal property under the control of the department. [2000 c 107 § 4; 1995 1st sp.s. c 2 § 23 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 9; 1955 c 212 § 1; 1955 c 12 § 75.08.040. Prior: 1949 c 112 § 7(2); Rem. Supp. 1949 § 5780-206(2). Formerly RCW 75.08.040.] 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. Tidelands reserved for recreational use and taking of fish and shellfish: RCW 79.94.390, 79.94.400. 77.12.039 Acceptance of funds or property for damage claims or conservation of fish, shellfish, and wildlife resources. The director may accept money or real property from persons under conditions requiring the use of the property or money for the protection, rehabilitation, preservation, or conservation of the state wildlife, fish, and shellfish resources, or in settlement of claims for damages to wildlife, fish, and shellfish resources. The director shall only accept real property useful for the protection, rehabilitation, preservation, or conservation of fish, shellfish, and wildlife resources. [2001 c 253 § 11; 2000 c 107 § 5; 1995 1st sp.s. c 2 § 24 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 11; 1955 c 12 § 75.16.050. Prior: 1949 c 112 § 51; Rem. Supp. 1949 § 5780-325. Formerly RCW 75.08.045, 75.16.050.] 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. 77.12.043 Contracts and agreements for propagation of fish or shellfish. (1) The director may enter into contracts and agreements with a person to secure fish or shellfish or for the construction, operation, and maintenance of facilities for the propagation of fish or shellfish. (2) The director may enter into contracts and agreements to procure from private aquaculturists fish or shellfish with which to stock state waters. [2001 c 253 § 12; 1985 c 458 § 7; 1983 1st ex.s. c 46 § 13; 1955 c 12 § 75.16.070. Prior: 1949 c 112 § 53; Rem. Supp. 1949 § 5780-327. Formerly RCW 75.08.065, 75.16.070.] Severability—1985 c 458: See RCW 77.95.900. 77.12.045 Territorial authority of commission— Adoption of federal regulations and rules of fisheries commissions and compacts. Consistent with federal law, the commission’s authority extends to all areas and waters within the territorial boundaries of the state, to the offshore waters, and to the concurrent waters of the Columbia river. Consistent with federal law, the commission’s authority extends to fishing in offshore waters by residents of this state. The commission may adopt rules consistent with the regulations adopted by the United States department of commerce for the offshore waters. The commission may adopt rules consistent with the recommendations or regula(2002 Ed.) Powers and Duties tions of the Pacific marine fisheries commission, Columbia river compact, the Pacific salmon commission as provided in chapter 77.75 RCW, or the international Pacific halibut commission. [2001 c 253 § 13; 1995 1st sp.s. c 2 § 10 (Referendum Bill No. 45, approved November 7, 1995); 1989 c 130 § 1; 1983 1st ex.s. c 46 § 14; 1955 c 12 § 75.08.070. Prior: 1949 c 112 § 6, part; Rem. Supp. 1949 § 5780-205, part. Formerly RCW 75.08.070.] 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. 77.12.047 Scope of commission’s authority to adopt rules—Application to private tideland owners or lessees of the state. (1) The commission may adopt, amend, or repeal rules as follows: (a) Specifying the times when the taking of wildlife, fish, or shellfish is lawful or unlawful. (b) Specifying the areas and waters in which the taking and possession of wildlife, fish, or shellfish is lawful or unlawful. (c) Specifying and defining the gear, appliances, or other equipment and methods that may be used to take wildlife, fish, or shellfish, and specifying the times, places, and manner in which the equipment may be used or possessed. (d) Regulating the importation, transportation, possession, disposal, landing, and sale of wildlife, fish, shellfish, or seaweed within the state, whether acquired within or without the state. (e) Regulating the prevention and suppression of diseases and pests affecting wildlife, fish, or shellfish. (f) Regulating the size, sex, species, and quantities of wildlife, fish, or shellfish that may be taken, possessed, sold, or disposed of. (g) Specifying the statistical and biological reports required from fishers, dealers, boathouses, or processors of wildlife, fish, or shellfish. (h) Classifying species of marine and freshwater life as food fish or shellfish. (i) Classifying the species of wildlife, fish, and shellfish that may be used for purposes other than human consumption. (j) Regulating the taking, sale, possession, and distribution of wildlife, fish, shellfish, or deleterious exotic wildlife. (k) Establishing game reserves and closed areas where hunting for wild animals or wild birds may be prohibited. (l) Regulating the harvesting of fish, shellfish, and wildlife in the federal exclusive economic zone by vessels or individuals registered or licensed under the laws of this state. (m) Authorizing issuance of permits to release, plant, or place fish or shellfish in state waters. (n) Governing the possession of fish, shellfish, or wildlife so that the size, species, or sex can be determined visually in the field or while being transported. (o) Other rules necessary to carry out this title and the purposes and duties of the department. (2) Subsections (1)(a), (b), (c), (d), and (f) of this section do not apply to private tideland owners and lessees and the immediate family members of the owners or lessees of state tidelands, when they take or possess oysters, clams, (2002 Ed.) 77.12.045 cockles, borers, or mussels, excluding razor clams, produced on their own private tidelands or their leased state tidelands for personal use. "Immediate family member" for the purposes of this section means a spouse, brother, sister, grandparent, parent, child, or grandchild. (3) Except for subsection (1)(g) of this section, this section does not apply to private sector cultured aquatic products as defined in RCW 15.85.020. Subsection (1)(g) of this section does apply to such products. [2001 c 253 § 14; 2000 c 107 § 7; 1995 1st sp.s. c 2 § 11 (Referendum Bill No. 45, approved November 7, 1995); 1993 c 117 § 1; 1985 c 457 § 17; 1983 1st ex.s. c 46 § 15; 1980 c 55 § 1; 1955 c 12 § 75.08.080. Prior: 1949 c 112 § 6, part; Rem. Supp. 1949 § 5780-205, part. Formerly RCW 75.08.080.] 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. 77.12.140 Acquisition or sale of wildlife. The director, acting in a manner not inconsistent with criteria established by the commission, may obtain by purchase, gift, or exchange and may sell or transfer wildlife and their eggs for stocking, research, or propagation. [1987 c 506 § 23; 1980 c 78 § 28; 1955 c 36 § 77.12.140. Prior: 1947 c 275 § 24; Rem. Supp. 1947 § 5992-34.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.150 Game seasons—Opening and closing— Bag limits. By emergency rule only, and in accordance with criteria established by the commission, the director may close or shorten a season for game animals, game birds, or game fish, and after a season has been closed or shortened, may reopen it and reestablish bag limits on game animals, game birds, or game fish during that season. The director shall advise the commission of the adoption of emergency rules. A copy of an emergency rule, certified as a true copy by the director or by a person authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the adoption and validity of the rule. If the director finds that game animals have increased in numbers in an area of the state so that they are damaging public or private property or over-utilizing their habitat, the commission may establish a special hunting season and designate the time, area, and manner of taking and the number and sex of the animals that may be killed or possessed by a licensed hunter. The director shall determine by random selection the identity of hunters who may hunt within the area and shall determine the conditions and requirements of the selection process. The director shall include notice of the special season in the rules establishing open seasons. [1987 c 506 § 24; 1984 c 240 § 4; 1980 c 78 § 29; 1977 ex.s. c 58 § 1; 1975 1st ex.s. c 102 § 1; 1955 c 36 § 77.12.150. Prior: 1949 c 205 § 2; 1947 c 275 § 25; Rem. Supp. 1949 § 5992-35.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. [Title 77 RCW—page 11] 77.12.150 Title 77 RCW: Fish and Wildlife Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. Special hunting season permits: RCW 77.32.370. 77.12.152 Commission may designate fishing areas. The commission may designate the boundaries of fishing areas by driving piling or by establishing monuments or by description of landmarks or section lines and directional headings. [1995 1st sp.s. c 2 § 14 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 18; 1955 c 12 § 75.08.120. Prior: 1949 c 112 § 10; Rem. Supp. 1949 § 5780-209. Formerly RCW 75.08.120.] 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. 77.12.154 Right of entry—Aircraft operated by department. The director, fish and wildlife officers, ex officio fish and wildlife officers, and department employees may enter upon any land or waters and remain there while performing their duties without liability for trespass. It is lawful for aircraft operated by the department to land and take off from the beaches or waters of the state. [1998 c 190 § 71; 1983 1st ex.s. c 46 § 19; 1955 c 12 § 75.08.160. Prior: 1949 c 112 § 13; Rem. Supp. 1949 § 5780-212. Formerly RCW 75.08.160.] 77.12.170 State wildlife fund—Deposits. (1) There is established in the state treasury the state wildlife fund which consists of moneys received from: (a) Rentals or concessions of the department; (b) The sale of real or personal property held for department purposes; (c) The sale of licenses, permits, tags, and stamps required by chapter 77.32 RCW and RCW 77.65.490, except annual resident adult saltwater and all shellfish licenses, which shall be deposited into the state general fund; (d) Fees for informational materials published by the department; (e) Fees for personalized vehicle license plates as provided in chapter 46.16 RCW; (f) Articles or wildlife sold by the director under this title; (g) Compensation for damage to department property or wildlife losses or contributions, gifts, or grants received under RCW 77.12.320 or 77.32.380; (h) Excise tax on anadromous game fish collected under chapter 82.27 RCW; (i) The sale of personal property seized by the department for fish, shellfish, or wildlife violations; and (j) The department’s share of revenues from auctions and raffles authorized by the commission. (2) State and county officers receiving any moneys listed in subsection (1) of this section shall deposit them in the state treasury to be credited to the state wildlife fund. [2001 c 253 § 15; 2000 c 107 § 216. Prior: 1998 c 191 § 38; 1998 c 87 § 2; 1996 c 101 § 7; 1989 c 314 § 4; 1987 c 506 § 25; 1984 c 258 § 334; prior: 1983 1st ex.s. c 8 § 2; 1983 c 284 § 1; 1981 c 310 § 2; 1980 c 78 § 30; 1979 c 56 § 1; 1973 1st ex.s. c 200 § 12 (Referendum Bill No. 33); [Title 77 RCW—page 12] 1969 ex.s. c 199 § 33; 1955 c 36 § 77.12.170; prior: 1947 c 275 § 27; Rem. Supp. 1947 § 5992-37.] Effective date—1998 c 191: See note following RCW 77.32.400. Effective date—1998 c 87: See note following RCW 77.32.380. Findings—1996 c 101: See note following RCW 77.32.530. Finding—1989 c 314: See note following RCW 77.15.098. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.46.120. Findings—Intent—1983 c 284: See note following RCW 82.27.020. Effective dates—1981 c 310: "(1) Sections 9 and 10 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1981. (2) Section 13 of this act shall take effect on May 1, 1982. (3) Sections 8, 11, 12, and 14 of this act shall take effect on July 1, 1982. (4) All other sections of this act shall take effect on January 1, 1982." [1981 c 310 § 32.] Legislative intent—1981 c 310: "The legislature finds that abundant deer and elk populations are in the best interest of the state, and for many reasons the state’s deer and elk populations have apparently declined. The legislature further finds that antlerless deer and elk seasons have been an issue of great controversy throughout the state, and that antlerless deer and elk seasons may contribute to a further decline in the state’s deer and elk populations." [1981 c 310 § 1.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.177 Disposition of moneys collected—Proceeds from sale of food fish or shellfish—Unanticipated receipts. (1) Except as provided in this title, state and county officers receiving the following moneys shall deposit them in the state general fund: (a) The sale of commercial licenses required under this title, except for licenses issued under RCW 77.65.490; and (b) Moneys received for damages to food fish or shellfish. (2) The director shall make weekly remittances to the state treasurer of moneys collected by the department. (3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the department shall be remitted as provided in chapter 3.62 RCW. (4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature. (5) Proceeds from the sale of salmon carcasses and salmon eggs from state general funded hatcheries by the department of general administration shall be deposited in the regional fisheries enhancement group account established in RCW 77.95.090. (6) Moneys received by the commission under RCW 77.12.039, to the extent these moneys exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for the specific purpose for which the moneys were received, unless the (2002 Ed.) Powers and Duties moneys were received in settlement of a claim for damages to food fish or shellfish, in which case the moneys may be expended for the conservation of these resources. (7) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement. [2001 c 253 § 16; 2000 c 107 § 10; 1996 c 267 § 3; 1995 c 367 § 11; 1993 c 340 § 48; 1989 c 176 § 4; 1987 c 202 § 230; 1984 c 258 § 332; 1983 1st ex.s. c 46 § 23; 1979 c 151 § 175; 1977 ex.s. c 327 § 33; 1975 1st ex.s. c 223 § 1; 1969 ex.s. c 199 § 31; 1969 ex.s. c 16 § 1; 1965 ex.s. c 72 § 2; 1955 c 12 § 75.08.230. Prior: 1951 c 271 § 2; 1949 c 112 § 25; Rem. Supp. 1949 § 5780-223. Formerly RCW 75.08.230.] Intent—1996 c 267: "It is the intent of this legislation to begin to make the statutory changes required by the fish and wildlife commission in order to successfully implement Referendum Bill No. 45." [1996 c 267 § 1.] Effective date—1996 c 267: "This act shall take effect July 1, 1996." [1996 c 267 § 36.] Severability—Effective date—1995 c 367: See notes following RCW 77.95.150. Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Intent—1987 c 202: See note following RCW 2.04.190. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.46.120. Severability—Effective date—1977 ex.s. c 327: See notes following RCW 77.65.150. 77.12.184 Deposit of moneys from various activities—Production of regulation booklets. (1) The department shall deposit all moneys received from the following activities into the state wildlife fund: (a) The sale of interpretive, recreational, historical, educational, and informational literature and materials; (b) The sale of advertisements in regulation pamphlets and other appropriate mediums; and (c) Enrollment fees in department-sponsored educational training events. (2) Moneys collected under subsection (1) of this section shall be spent primarily for producing regulation booklets for users and for the development, production, reprinting, and distribution of informational and educational materials. The department may also spend these moneys for necessary expenses associated with training activities, and other activities as determined by the director. (3) Regulation pamphlets may be subsidized through appropriate advertising, but must be made available free of charge to the users. (4) The director may enter into joint ventures with other agencies and organizations to generate revenue for providing public information and education on wildlife and hunting and fishing rules. [2000 c 252 § 1.] 77.12.190 Diversion of wildlife fund moneys prohibited. Moneys in the state wildlife fund may be used only for the purposes of this title, including the payment of (2002 Ed.) 77.12.177 principal and interest on bonds issued for capital projects. [1991 sp.s. c 31 § 17; 1987 c 506 § 27; 1980 c 78 § 34; 1955 c 36 § 77.12.190. Prior: 1947 c 275 § 28; Rem. Supp. 1947 § 5992-38.] Severability—1991 sp.s. c 31: See RCW 43.99I.900. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.201 Counties may elect to receive an amount in lieu of taxes—County to record collections for violations of law or rules—Deposit. The legislative authority of a county may elect, by giving written notice to the director and the treasurer prior to January 1st of any year, to obtain for the following year an amount in lieu of real property taxes on game lands as provided in RCW 77.12.203. Upon the election, the county shall keep a record of all fines, forfeitures, reimbursements, and costs assessed and collected, in whole or in part, under this title for violations of law or rules adopted pursuant to this title and shall monthly remit an amount equal to the amount collected to the state treasurer for deposit in the public safety and education account established under RCW 43.08.250. The election shall continue until the department is notified differently prior to January 1st of any year. [1987 c 506 § 29. Prior: 1984 c 258 § 335; 1984 c 214 § 1; 1980 c 78 § 36; 1977 ex.s. c 59 § 1; 1965 ex.s. c 97 § 2.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Court Improvement Act of 1984—Effective dates—Severability— Short title—1984 c 258: See notes following RCW 3.30.010. Intent—1984 c 258: See note following RCW 3.46.120. Effective date—1984 c 214: "This act takes effect on January 1, 1985." [1984 c 214 § 3.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.203 In lieu payments authorized— Procedure—Game lands defined. (1) Notwithstanding RCW 84.36.010 or other statutes to the contrary, the director shall pay by April 30th of each year on game lands in each county, if requested by an election under RCW 77.12.201, an amount in lieu of real property taxes equal to that amount paid on similar parcels of open space land taxable under chapter 84.34 RCW or the greater of seventy cents per acre per year or the amount paid in 1984 plus an additional amount for control of noxious weeds equal to that which would be paid if such lands were privately owned. This amount shall not be assessed or paid on department buildings, structures, facilities, game farms, fish hatcheries, tidelands, or public fishing areas of less than one hundred acres. (2) "Game lands," as used in this section and RCW 77.12.201, means those tracts one hundred acres or larger owned in fee by the department and used for wildlife habitat and public recreational purposes. All lands purchased for wildlife habitat, public access or recreation purposes with federal funds in the Snake River drainage basin shall be considered game lands regardless of acreage. (3) This section shall not apply to lands transferred after April 23, 1990, to the department from other state agencies. [Title 77 RCW—page 13] 77.12.203 Title 77 RCW: Fish and Wildlife [1990 1st ex.s. c 15 § 11; 1984 c 214 § 2; 1980 c 78 § 37; 1965 ex.s. c 97 § 3.] Limitations—1990 1st ex.s. c 15: "Amounts saved by operation of section 11 of this act during the 1989-91 fiscal biennium may be used only for financing capital facilities." [1990 1st ex.s. c 15 § 12.] Severability—1990 1st ex.s. c 15: See note following RCW 43.99H.010. Effective date—1984 c 214: See note following RCW 77.12.201. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.204 Grazing lands—Fish and wildlife goals— Implementation. The department of fish and wildlife shall implement practices necessary to meet the standards developed under RCW 79.01.295 on agency-owned and managed agricultural and grazing lands. The standards may be modified on a site-specific basis as necessary and as determined by the department of fish and wildlife to achieve the goals established under RCW 79.01.295(1). Existing lessees shall be provided an opportunity to participate in any sitespecific field review. Department agricultural and grazing leases issued after December 31, 1994, shall be subject to practices to achieve the standards that meet those developed pursuant to RCW 79.01.295. This section shall in no way prevent the department of fish and wildlife from managing its lands according to the provisions of RCW 77.04.012, 77.12.210, or rules adopted pursuant to this chapter. [2001 c 253 § 17; 2000 c 107 § 217; 1993 sp.s. c 4 § 6.] Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951. 77.12.210 Department property—Management, sale. The director shall maintain and manage real or personal property owned, leased, or held by the department and shall control the construction of buildings, structures, and improvements in or on the property. The director may adopt rules for the operation and maintenance of the property. The commission may authorize the director to sell, lease, convey, or grant concessions upon real or personal property under the control of the department. This includes the authority to sell timber, gravel, sand, and other materials or products from real property held by the department, and to sell or lease the department’s real or personal property or grant concessions or rights of way for roads or utilities in the property. Oil and gas resources owned by the state which lie below lands owned, leased, or held by the department shall be offered for lease by the commissioner of public lands pursuant to chapter 79.14 RCW with the proceeds being deposited in the state wildlife fund: PROVIDED, That the commissioner of public lands shall condition such leases at the request of the department to protect wildlife and its habitat. If the commission determines that real or personal property held by the department cannot be used advantageously by the department, the director may dispose of that property if it is in the public interest. If the state acquired real property with use limited to specific purposes, the director may negotiate terms for the return of the property to the donor or grantor. Other real property shall be sold to the highest bidder at public auction. After appraisal, notice of the auction shall be published at least once a week for two successive weeks in a newspaper [Title 77 RCW—page 14] of general circulation within the county where the property is located at least twenty days prior to sale. Proceeds from the sales shall be deposited in the state wildlife fund. [2000 c 107 § 218; 1987 c 506 § 30; 1980 c 78 § 38; 1969 ex.s. c 73 § 1; 1955 c 36 § 77.12.210. Prior: 1947 c 275 § 30; Rem. Supp. 1947 § 5992-40.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.220 Acquisition or transfer of property. For purposes of this title, the commission may make agreements to obtain real or personal property or to transfer or convey property held by the state to the United States or its agencies or instrumentalities, units of local government of this state, public service companies, or other persons, if in the judgment of the commission and the attorney general the transfer and conveyance is consistent with public interest. For purposes of this section, "local government" means any city, town, county, special district, municipal corporation, or quasi-municipal corporation. If the commission agrees to a transfer or conveyance under this section or to a sale or return of real property under RCW 77.12.210, the director shall certify, with the attorney general, to the governor that the agreement has been made. The certification shall describe the real property. The governor then may execute and the secretary of state attest and deliver to the appropriate entity or person the instrument necessary to fulfill the agreement. [2000 c 107 § 219; 1987 c 506 § 31; 1980 c 78 § 39; 1955 c 36 § 77.12.220. Prior: 1949 c 205 § 3; 1947 c 275 § 31; Rem. Supp. 1949 § 599241.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.230 Local assessments against department property. The director may pay lawful local improvement district assessments for projects that may benefit wildlife or wildlife-oriented recreation made against lands held by the state for department purposes. The payments may be made from money appropriated from the state wildlife fund to the department. [1987 c 506 § 32; 1980 c 78 § 40; 1955 c 36 § 77.12.230. Prior: 1947 c 275 § 32; Rem. Supp. 1947 § 5992-42.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.240 Authority to take wildlife—Disposition. The director may authorize the removal or killing of wildlife that is destroying or injuring property, or when it is necessary for wildlife management or research. The director or other employees of the department shall dispose of wildlife taken or possessed by them under this title in the manner determined by the director to be in the best interest of the state. Proceeds from sales shall be deposited in the state treasury to be credited to the state wildlife fund. [1989 c 197 § 1; 1987 c 506 § 33; 1980 c 78 (2002 Ed.) Powers and Duties § 41; 1955 c 36 § 77.12.240. Prior: 1947 c 275 § 33; Rem. Supp. 1947 § 5992-43.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.260 Agreements to prevent damage to private property. The director may make written agreements to prevent damage to private property by wildlife. The department may furnish money, material, or labor under these agreements. [1987 c 506 § 34; 1980 c 78 § 43; 1955 c 36 § 77.12.260. Prior: 1949 c 238 § 1; 1947 c 275 § 35; Rem. Supp. 1949 § 5992-45.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.262 Fish and wildlife officers compensation insurance—Medical aid. The director shall provide compensation insurance for fish and wildlife officers, insuring these employees against injury or death in the performance of enforcement duties not covered under the workers’ compensation act of the state. The beneficiaries and the compensation and benefits under the compensation insurance shall be the same as provided in chapter 51.32 RCW, and the compensation insurance also shall provide for medical aid and hospitalization to the extent and amount as provided in RCW 51.36.010 and 51.36.020. [2000 c 107 § 8; 1983 1st ex.s. c 46 § 20; 1971 ex.s. c 289 § 73; 1953 c 207 § 14. Formerly RCW 75.08.206, 43.25.047.] Effective date—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070. 77.12.264 Fish and wildlife officers—Relieved from active duty when injured—Compensation. The director shall relieve from active duty fish and wildlife officers who are injured in the performance of their official duties to such an extent as to be incapable of active service. While relieved from active duty, the employees shall receive onehalf of their salary less any compensation received through the provisions of RCW 41.40.200, 41.40.220, and 77.12.262. [2001 c 253 § 18; 2000 c 107 § 9; 1983 1st ex.s. c 46 § 22; 1957 c 216 § 1. Formerly RCW 75.08.208, 75.08.024.] 77.12.275 Agreements with department of defense. The commission may negotiate agreements with the United States department of defense to coordinate fishing in state waters over which the department of defense has assumed control. [1995 1st sp.s. c 2 § 7 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 8; 1955 c 12 § 75.08.025. Prior: 1953 c 207 § 11. Formerly RCW 75.08.025.] 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. 77.12.285 Agreements with United States to protect Columbia River fish—Fish cultural stations and protec(2002 Ed.) 77.12.240 tive devices. (1) The commission may enter into agreements with and receive funds from the United States for the construction, maintenance, and operation of fish cultural stations, laboratories, and devices in the Columbia River basin for improvement of feeding and spawning conditions for fish, for the protection of migratory fish from irrigation projects and for facilitating free migration of fish over obstructions. (2) The director and the department may acquire by gift, purchase, lease, easement, or condemnation the use of lands where the construction or improvement is to be carried on by the United States. [2000 c 107 § 6; 1995 1st sp.s. c 2 § 8 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 23; 1987 c 506 § 94; 1983 1st ex.s. c 46 § 12; 1955 c 12 § 75.16.060. Prior: 1949 c 112 § 52; Rem. Supp. 1949 § 5780-326. Formerly RCW 75.08.055, 75.16.060.] 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 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. 77.12.315 Dogs harassing deer and elk—Declaration of emergency—Taking dogs into custody or destroying— Immunity. If the director determines that a severe problem exists in an area of the state because deer and elk are being pursued, harassed, attacked or killed by dogs, the director may declare by emergency rule that an emergency exists and specify the area where it is lawful for fish and wildlife officers to take into custody or destroy the dogs if necessary. Fish and wildlife officers who take into custody or destroy a dog pursuant to this section are immune from civil or criminal liability arising from their actions. [2000 c 107 § 221; 1987 c 506 § 40; 1980 c 78 § 49; 1971 ex.s. c 183 § 1.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.320 Agreements for purposes related to fish, shellfish, and wildlife—Acceptance of compensation, gifts, grants. (1) The commission may make agreements with persons, political subdivisions of this state, or the United States or its agencies or instrumentalities, regarding fish, shellfish, and wildlife-oriented recreation and the propagation, protection, conservation, and control of fish, shellfish, and wildlife. (2) The director may make written agreements with the owners or lessees of real or personal property to provide for the use of the property for fish, shellfish, and wildlifeoriented recreation. The director may adopt rules governing the conduct of persons in or on the real property. (3) The director may accept compensation for fish, shellfish, and wildlife losses or gifts or grants of personal property for use by the department. [2001 c 253 § 19; 1987 c 506 § 41; 1980 c 78 § 50; 1975 1st ex.s. c 207 § 1; 1974 [Title 77 RCW—page 15] 77.12.320 Title 77 RCW: Fish and Wildlife ex.s. c 67 § 1; 1955 c 36 § 77.12.320. Prior: 1947 c 275 § 37; Rem. Supp. 1947 § 5992-47.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.323 Special wildlife account—Investments. (1) There is established in the state wildlife fund a special wildlife account. Moneys received under RCW 77.12.320 as now or hereafter amended as compensation for wildlife losses shall be deposited in the state treasury to be credited to the special wildlife account. (2) The director may advise the state treasurer and the state investment board of a surplus in the special wildlife account above the current needs. The state investment board may invest and reinvest the surplus, as the commission deems appropriate, in an investment authorized by RCW 43.84.150 or in securities issued by the United States government as defined by RCW 43.84.080 (1) and (4). Income received from the investments shall be deposited to the credit of the special wildlife account. [1987 c 506 § 42; 1982 c 10 § 15. Prior: 1981 c 3 § 43; 1980 c 78 § 51; 1975 1st ex.s. c 207 § 2.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Severability—1982 c 10: See note following RCW 6.13.080. Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.325 Cooperation with Oregon to assure yields of Columbia river fish, shellfish, and wildlife. The commission may cooperate with the Oregon fish and wildlife commission in the adoption of rules to ensure an annual yield of fish, shellfish, and wildlife on the Columbia river and to prevent the taking of fish, shellfish, and wildlife at places or times that might endanger fish, shellfish, and wildlife. [2001 c 253 § 20; 1980 c 78 § 52; 1959 c 315 § 2.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.330 Exclusive fishing waters for youths. The commission may establish by rule exclusive fishing waters for minors within specified ages. [1980 c 78 § 53; 1955 c 36 § 77.12.330. Prior: 1947 c 275 § 38; Rem. Supp. 1947 § 5992-48.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.360 Withdrawal of state land from lease— Compensation. Upon written request of the department, the department of natural resources may withdraw from lease state-owned lands described in the request. The request shall bear the endorsement of the county legislative authority if the lands were acquired under RCW 76.12.030 or 76.12.080. Withdrawals shall conform to the state outdoor recreation plan. If the lands are held for the benefit of the common school fund or another fund, the department shall pay compensation equal to the lease value of the lands to the [Title 77 RCW—page 16] appropriate fund. [1980 c 78 § 54; 1969 ex.s. c 129 § 3; 1955 c 36 § 77.12.360. Prior: 1947 c 130 § 1; Rem. Supp. 1947 § 8136-10.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.370 Withdrawal of state land from lease— County procedures, approval, hearing. Prior to the forwarding of a request needing endorsement under RCW 77.12.360, the director shall present the request to the legislative authority of the county in which the lands are located for its approval. The legislative authority, before acting on the request, may call a public hearing. The hearing shall take place within thirty days after presentation of the request to the legislative authority. The director shall publish notice of the public hearing called by the legislative authority in a newspaper of general circulation within the county at least once a week for two successive weeks prior to the hearing. The notice shall contain a copy of the request and the time and place of the hearing. The chairman of the county legislative authority shall preside at the public hearing. The proceedings shall be informal and all persons shall have a reasonable opportunity to be heard. Within ten days after the hearing, the county legislative authority shall endorse its decision on the request for withdrawal. The decision is final and not subject to appeal. [1987 c 506 § 43; 1980 c 78 § 55; 1955 c 36 § 77.12.370. Prior: 1947 c 130 § 2; Rem. Supp. 1947 § 8136-11.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.380 Withdrawal of state land from lease— Actions by commissioner of public lands. Upon receipt of a request under RCW 77.12.360, the commissioner of public lands shall determine if the withdrawal would benefit the people of the state. If the withdrawal would be beneficial, the commissioner shall have the lands appraised for their lease value. Before withdrawal, the department shall transmit to the commissioner a voucher authorizing payment from the state wildlife fund in favor of the fund for which the lands are held. The payment shall equal the amount of the lease value for the duration of the withdrawal. [1987 c 506 § 44; 1980 c 78 § 56; 1955 c 36 § 77.12.380. Prior: 1947 c 130 § 3; Rem. Supp. 1947 § 8136-12.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.390 Withdrawal of state land from lease— Payment. Upon receipt of a voucher under RCW 77.12.380, the commissioner of public lands shall withdraw the lands from lease. The commissioner shall forward the voucher to the state treasurer, who shall draw a warrant against the state wildlife fund in favor of the fund for which the withdrawn lands are held. [1987 c 506 § 45; 1980 c 78 § 57; 1973 c 106 § 35; 1955 c 36 § 77.12.390. Prior: 1947 c 130 § 4; Rem. Supp. 1947 § 8136-13.] (2002 Ed.) Powers and Duties Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.420 Improvement of conditions for growth of game fish. The director may spend moneys to improve natural growing conditions for fish by constructing fishways, installing screens, and removing obstructions to migratory fish. The eradication of undesirable fish shall be authorized by the commission. The director may enter into cooperative agreements with state, county, municipal, and federal agencies, and with private individuals for these purposes. [1987 c 506 § 46; 1980 c 78 § 59; 1955 c 36 § 77.12.420. Prior: 1947 c 127 § 1; Rem. Supp. 1947 § 5944-1.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.451 Director may take or sell fish or shellfish—Restrictions on sale of salmon. (1) The director may take or remove any species of fish or shellfish from the waters or beaches of the state. (2) The director may sell food fish or shellfish caught or taken during department test fishing operations. (3) The director shall not sell inedible salmon for human consumption. Salmon and carcasses may be given to state institutions or schools or to economically depressed people, unless the salmon are unfit for human consumption. Salmon not fit for human consumption may be sold by the director for animal food, fish food, or for industrial purposes. (4) In the sale of surplus salmon from state hatcheries, the division of purchasing shall require that a portion of the surplus salmon be processed and returned to the state by the purchaser. The processed salmon shall be fit for human consumption and in a form suitable for distribution to individuals. The division of purchasing shall establish the required percentage at a level that does not discourage competitive bidding for the surplus salmon. The measure of the percentage is the combined value of all of the surplus salmon sold. The department of social and health services shall distribute the processed salmon to economically depressed individuals and state institutions pursuant to rules adopted by the department of social and health services. [1990 c 36 § 1; 1985 c 28 § 1; 1983 1st ex.s. c 46 § 26; 1979 c 141 § 382; 1969 ex.s. c 16 § 2; 1965 ex.s. c 72 § 1; 1955 c 12 § 75.12.130. Prior: 1949 c 112 § 41; Rem. Supp. 1949 § 5780-315. Formerly RCW 75.08.255, 75.12.130.] 77.12.453 Salmon fishing by Wanapum (Sokulk) Indians. The director may issue permits to members of the Wanapum band of Indians to take salmon for ceremonial and subsistence purposes. The department shall establish the areas in which the permits are valid and shall regulate the times for and manner of taking the salmon. This section does not create a right to fish commercially. [1983 1st ex.s. c 46 § 27; 1981 c 251 § 2. Formerly RCW 75.08.265, 75.12.310.] Legislative findings—1981 c 251: "The legislature finds that the Sokulk Indians, otherwise known as the Wanapum band of Indians, have (2002 Ed.) 77.12.390 made a significant effort to maintain their traditional tribal culture, including the activity of taking salmon for ceremonial and subsistence purposes. The legislature further finds that previously the state has encouraged ceremonial and subsistence fishing by the Wanapums by chapter 210, Laws of 1939 and other permission. Therefore, the intent of the legislature in enacting RCW 75.08.265 is to recognize the cultural importance of salmon fishing to only the Wanapum Indians by authorizing these people a ceremonial and subsistence fishery, while also preserving the state’s ability to conserve and manage the salmon resource." [1983 1st ex.s. c 46 § 62; 1981 c 251 § 1. Formerly RCW 75.12.300.] 77.12.455 Prevention and suppression of diseases and pests. The commission may prohibit the introduction, transportation or transplanting of fish, shellfish, organisms, material, or other equipment which in the commission’s judgment may transmit any disease or pests affecting fish or shellfish. [2001 c 253 § 22; 1995 1st sp.s. c 2 § 16 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 29; 1955 c 12 § 75.16.030. Prior: 1949 c 112 § 43; Rem. Supp. 1949 § 5780-317. Formerly RCW 75.08.285, 75.16.030.] 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. 77.12.459 Release and recapture of salmon or steelhead prohibited. A person other than the United States, an Indian tribe recognized as such by the federal government, the state, a subdivision of the state, or a municipal corporation or an agency of such a unit of government shall not release salmon or steelhead trout into the public waters of the state and subsequently to recapture and commercially harvest such salmon or trout. This section shall not prevent any person from rearing salmon or steelhead trout in pens or in a confined area under circumstances where the salmon or steelhead trout are confined and never permitted to swim freely in open water. [1998 c 190 § 74; 1985 c 457 § 12. Formerly RCW 75.08.300.] 77.12.465 Abandoned or derelict vessels. (Effective January 1, 2003.) The director has the authority, subject to the processes and limitation outlined in chapter 79.100 RCW, to store, strip, use, auction, sell, salvage, scrap, or dispose of an abandoned or derelict vessel found on or above publicly or privately owned aquatic lands within the jurisdiction of the department. [2002 c 286 § 19.] Severability—Effective date—2002 c 286: See RCW 79.100.900 and 79.100.901. 77.12.540 Public shooting grounds—Effect of filing—Use for booming. Upon filing a certificate with the commissioner of public lands that shows that lands will be used for public shooting grounds by the department, the lands shall be withdrawn from sale or lease and then may be used as public shooting grounds under control of the department. The commissioner of public lands may also use the lands for booming purposes. [1980 c 78 § 128; 1955 c 36 § 77.40.080. Prior: 1945 c 179 § 2; Rem. Supp. 1945 § 7993-5b. Formerly RCW 77.40.080.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. [Title 77 RCW—page 17] 77.12.550 Title 77 RCW: Fish and Wildlife 77.12.550 Tidelands used as public shooting grounds—Diversion. Tidelands granted to the department to be used as public shooting grounds shall revert to the state if used for another purpose. The department shall certify the reversion to the commissioner of public lands who shall then supervise and control the lands as provided in Title 79 RCW. [1980 c 78 § 126; 1955 c 36 § 77.40.050. Prior: 1941 c 190 § 3; Rem. Supp. 1941 § 7993-8. Formerly RCW 77.40.050.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.560 Tidelands used as public shooting grounds—Rules. The commission may adopt rules regarding the use of the tidelands as shooting grounds. [1980 c 78 § 127; 1955 c 36 § 77.40.060. Prior: 1941 c 190 § 4; Rem. Supp. 1941 § 7993-9. Formerly RCW 77.40.060.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.570 Game farm licenses—Rules—Exemption. The commission shall establish the qualifications and conditions for issuing a game farm license. The director shall adopt rules governing the operation of game farms. Private sector cultured aquatic products as defined in RCW 15.85.020 are exempt from regulation under this section. [1987 c 506 § 49; 1985 c 457 § 22; 1980 c 78 § 98; 1975 1st ex.s. c 15 § 2; 1970 ex.s. c 29 § 14; 1955 c 36 § 77.28.020. Prior: 1947 c 275 § 82; Rem. Supp. 1947 § 5992-91. Formerly RCW 77.28.020.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.580 Game farms—Authority to dispose of eggs. A licensed game farmer may purchase, sell, give away, or dispose of the eggs of game birds or game fish lawfully possessed as provided by rule of the director. [1987 c 506 § 50; 1980 c 78 § 99; 1955 c 36 § 77.28.070. Prior: 1947 c 275 § 87; Rem. Supp. 1947 § 5992-96. Formerly RCW 77.28.070.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.590 Game farms—Tagging of products— Exemption. Wildlife given away, sold, or transferred by a licensed game farmer shall have attached to each wildlife member, package, or container, a tag, seal, or invoice as required by rule of the director. Private sector cultured aquatic products as defined in RCW 15.85.020 are exempt from regulation under this section. [1987 c 506 § 51; 1985 c 457 § 23; 1980 c 78 § 100; 1955 c 36 § 77.28.080. Prior: 1947 c 275 § 88; Rem. Supp. 1947 § 5992-97. Formerly RCW 77.28.080.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. [Title 77 RCW—page 18] 77.12.600 Game farms—Shipping of wildlife— Exemption. A common carrier may transport wildlife shipped by a licensed game farmer if the wildlife is tagged, sealed, or invoiced as provided in RCW 77.12.590. Packages containing wildlife shall have affixed to them tags or labels showing the name of the licensee and the consignee. For purposes of this section, wildlife does not include private sector cultured aquatic products as defined in RCW 15.85.020. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, this exemption from the definition of wildlife applies only if the aquatic products are identified in conformance with those rules. [1985 c 457 § 24; 1980 c 78 § 101; 1955 c 36 § 77.28.090. Prior: 1947 c 275 § 89; Rem. Supp. 1947 § 5992-98. Formerly RCW 77.28.090.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.605 Whidbey Island game farm—Sale of property. (1) The department shall endeavor to sell the property known as Whidbey Island game farm, Island county. (2) If the sale takes place one year or less from May 7, 1999, the property may be sold only to a nonprofit corporation, a consortium of nonprofit corporations, or a municipal corporation that intends to preserve, to the extent practicable, the property for purposes of undeveloped open space and historical preservation. (3) If the sale takes place more than one year after May 7, 1999, the conditions in subsection (2) of this section do not apply. [1999 c 205 § 1.] Effective date—1999 c 205: "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 7, 1999]." [1999 c 205 § 3.] 77.12.610 Check stations—Purpose. The purposes of RCW 77.12.610 through 77.12.630 are to facilitate the department’s gathering of biological data for managing wildlife, fish, and shellfish resources of this state and to protect these resources by assuring compliance with Title 77 RCW, and rules adopted thereunder, in a manner designed to minimize inconvenience to the public. [2000 c 107 § 225; 1982 c 155 § 1.] 77.12.620 Check stations—Stopping for inspection. The department is authorized to require hunters and fishermen occupying a motor vehicle approaching or entering a check station to stop and produce for inspection: (1) Any wildlife, fish, shellfish, or seaweed in their possession; (2) licenses, permits, tags, stamps, or catch record cards, required under Title 77 RCW, or rules adopted thereunder. For these purposes, the department is authorized to operate check stations which shall be plainly marked by signs, operated by at least one uniformed fish and wildlife officer, and operated in a safe manner. [2000 c 107 § 226; 1982 c 155 § 2.] 77.12.630 Check stations—Other inspections, powers. The powers conferred by RCW 77.12.610 through 77.12.630 are in addition to all other powers conferred by law upon the department. Nothing in RCW 77.12.610 (2002 Ed.) Powers and Duties through 77.12.630 shall be construed to prohibit the department from operating wildlife information stations at which persons shall not be required to stop and report, or from executing arrests, searches, or seizures otherwise authorized by law. [2000 c 107 § 227; 1982 c 155 § 4.] 77.12.650 Protection of bald eagles and their habitats—Cooperation required. The department shall cooperate with other local, state, and federal agencies and governments to protect bald eagles and their essential habitats through existing governmental programs, including but not limited to: (1) The natural heritage program managed by the department of natural resources under chapter 79.70 RCW; (2) The natural area preserve program managed by the department of natural resources under chapter 79.70 RCW; (3) The shoreline management master programs adopted by local governments and approved by the department of ecology under chapter 90.58 RCW. [1987 c 506 § 52; 1984 c 239 § 2.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Legislative declaration—1984 c 239: "The legislature hereby declares that the protection of the bald eagle is consistent with a societal concern for the perpetuation of natural life cycles, the sensitivity and vulnerability of particular rare and distinguished species, and the quality of life of humans." [1984 c 239 § 1.] 77.12.655 Habitat buffer zones for bald eagles— Rules. The department, in accordance with chapter 34.05 RCW, shall adopt and enforce necessary rules defining the extent and boundaries of habitat buffer zones for bald eagles. Rules shall take into account the need for variation of the extent of the zone from case to case, and the need for protection of bald eagles. The rules shall also establish guidelines and priorities for purchase or trade and establishment of conservation easements and/or leases to protect such designated properties. The department shall also adopt rules to provide adequate notice to property owners of their options under RCW 77.12.650 and this section. [2000 c 107 § 228; 1990 c 84 § 3; 1984 c 239 § 3.] Legislative declaration—1984 c 239: See note following RCW 77.12.650. 77.12.670 Migratory bird stamp/migratory bird license validations—Deposit and use of revenues. (1) The migratory bird stamp to be produced by the department shall use the design as provided by the migratory waterfowl art committee. (2) All revenue derived from the sale of migratory bird license validations or stamps by the department to any person hunting waterfowl or to any stamp collector shall be deposited in the state wildlife fund and shall be used only for that portion of the cost of printing and production of the stamps for migratory waterfowl hunters as determined by subsection (4) of this section, and for those migratory waterfowl projects specified by the director of the department for the acquisition and development of migratory waterfowl habitat in the state and for the enhancement, protection, and propagation of migratory waterfowl in the state. Migratory bird license validation and stamp funds may not be used on lands controlled by private hunting clubs (2002 Ed.) 77.12.630 or on private lands that charge a fee for public access. Migratory bird license validation and stamp funds may be used for migratory waterfowl projects on private land where public hunting is provided by written permission or on areas established by the department as waterfowl hunting closures. (3) All revenue derived from the sale of the license validation and stamp by the department to persons hunting solely nonwaterfowl migratory birds shall be deposited in the state wildlife fund and shall be used only for that portion of the cost of printing and production of the stamps for nonwaterfowl migratory bird hunters as determined by subsection (4) of this section, and for those nonwaterfowl migratory bird projects specified by the director for the acquisition and development of nonwaterfowl migratory bird habitat in the state and for the enhancement, protection, and propagation of nonwaterfowl migratory birds in the state. (4) With regard to the revenue from license validation and stamp sales that is not the result of sales to stamp collectors, the department shall determine the proportion of migratory waterfowl hunters and solely nonwaterfowl migratory bird hunters by using the yearly migratory bird hunter harvest information program survey results or, in the event that these results are not available, other similar survey results. A two-year average of the most recent survey results shall be used to determine the proportion of the revenue attributed to migratory waterfowl hunters and the proportion attributed to solely nonwaterfowl migratory bird hunters for each fiscal year. For fiscal year 1998-99 and for fiscal year 1999-2000, ninety-six percent of the stamp revenue shall be attributed to migratory waterfowl hunters and four percent of the stamp revenue shall be attributed to solely nonwaterfowl migratory game hunters. (5) Acquisition shall include but not be limited to the acceptance of gifts of real estate or any interest therein or the rental, lease, or purchase of real estate or any interest therein. If the department acquires any fee interest, leasehold, or rental interest in real property under this section, it shall allow the general public reasonable access to that property and shall, if appropriate, ensure that the deed or other instrument creating the interest allows such access to the general public. If the department obtains a covenant in real property in its favor or an easement or any other interest in real property under this section, it shall exercise its best efforts to ensure that the deed or other instrument creating the interest grants to the general public in the form of a covenant running with the land reasonable access to the property. The private landowner from whom the department obtains such a covenant or easement shall retain the right of granting access to the lands by written permission, but may not charge a fee for access. (6) The department may produce migratory bird stamps in any given year in excess of those necessary for sale in that year. The excess stamps may be sold to the migratory waterfowl art committee for sale to the public. [2002 c 283 § 2; 1998 c 191 § 32; 1987 c 506 § 53; 1985 c 243 § 4.] Effective date—1998 c 191: See note following RCW 77.32.050. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. 77.12.680 Migratory waterfowl art committee— Membership—Terms—Vacancies—Chairman—Review of [Title 77 RCW—page 19] 77.12.680 Title 77 RCW: Fish and Wildlife expenditures—Compensation. (1) There is created the migratory waterfowl art committee which shall be composed of nine members. (2)(a) The committee shall consist of one member appointed by the governor, six members appointed by the director, one member appointed by the chairman of the state arts commission, and one member appointed by the director of the department of agriculture. (b) The member appointed by the director of the department of agriculture shall represent statewide farming interests. (c) The member appointed by the chairman of the state arts commission shall be knowledgeable in the area of fine art reproduction. (d) The members appointed by the governor and the director shall be knowledgeable about waterfowl and waterfowl management. The six members appointed by the director shall represent, respectively: (i) An eastern Washington sports group; (ii) A western Washington sports group; (iii) A group with a major interest in the conservation and propagation of migratory waterfowl; (iv) A statewide conservation organization; (v) A statewide sports hunting group; and (vi) The general public. The members of the committee shall serve three-year staggered terms and at the expiration of their term shall serve until qualified successors are appointed. Of the nine members, three shall serve initial terms of four years, three shall serve initial terms of three years, and three shall serve initial terms of two years. The appointees of the governor, the chairman of the state arts commission, and the director of agriculture shall serve the initial terms of four years. Vacancies shall be filled for unexpired terms consistent with this section. A chairman shall be elected annually by the committee. The committee shall review the director’s expenditures of the previous year of both the stamp money and the prints and related artwork money. Members of the committee shall serve without compensation. [1987 c 506 § 54; 1985 c 243 § 5.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. 77.12.690 Migratory waterfowl art committee— Duties—Deposit and use of funds—Audits. The migratory waterfowl art committee is responsible for the selection of the annual migratory bird stamp design and shall provide the design to the department. If the committee does not perform this duty within the time frame necessary to achieve proper and timely distribution of the stamps to license dealers, the director shall initiate the art work selection for that year. The committee shall create collector art prints and related artwork, utilizing the same design as provided to the department. The administration, sale, distribution, and other matters relating to the prints and sales of stamps with prints and related artwork shall be the responsibility of the migratory waterfowl art committee. The total amount brought in from the sale of prints and related artwork shall be deposited in the state wildlife fund. The costs of producing and marketing of prints and related artwork, including administrative expenses mutually agreed upon by the committee and the director, shall be paid out of [Title 77 RCW—page 20] the total amount brought in from sales of those same items. Net funds derived from the sale of prints and related artwork shall be used by the director to contract with one or more appropriate individuals or nonprofit organizations for the development of waterfowl propagation projects within Washington which specifically provide waterfowl for the Pacific flyway. The department shall not contract with any individual or organization that obtains compensation for allowing waterfowl hunting except if the individual or organization does not permit hunting for compensation on the subject property. The migratory waterfowl art committee shall have an annual audit of its finances conducted by the state auditor and shall furnish a copy of the audit to the commission. [1998 c 245 § 158; 1998 c 191 § 33; 1987 c 506 § 55; 1985 c 243 § 6.] Reviser’s note: This section was amended by 1998 c 191 § 33 and by 1998 c 245 § 158, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—1998 c 191: See note following RCW 77.32.050. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. 77.12.710 Game fish production—Double by year 2000. The legislature hereby directs the department to determine the feasibility and cost of doubling the statewide game fish production by the year 2000. The department shall seek to equalize the effort and investment expended on anadromous and resident game fish programs. The department shall provide the legislature with a specific plan for legislative approval that will outline the feasibility of increasing game fish production by one hundred percent over current levels by the year 2000. The plan shall contain specific provisions to increase both hatchery and naturally spawning game fish to a level that will support the production goal established in this section consistent with department policies. Steelhead trout, searun cutthroat trout, resident trout, and warmwater fish producing areas of the state shall be included in the plan. The plan shall include the following critical elements: (1) Methods of determining current catch and production, and catch and production in the year 2000; (2) Methods of involving fishing groups, including Indian tribes, in a cooperative manner; (3) Methods for using low capital cost projects to produce game fish as inexpensively as possible; (4) Methods for renovating and modernizing all existing hatcheries and rearing ponds to maximize production capability; (5) Methods for increasing the productivity of natural spawning game fish; (6) Application of new technology to increase hatchery and natural productivity; (7) Analysis of the potential for private contractors to produce game fish for public fisheries; (8) Methods to optimize public volunteer efforts and cooperative projects for maximum efficiency; (9) Methods for development of trophy game fish fisheries; (2002 Ed.) Powers and Duties (10) Elements of coordination with the Pacific Northwest Power Council programs to ensure maximum Columbia river benefits; (11) The role that should be played by private consulting companies in developing and implementing the plan; (12) Coordination with federal fish and wildlife agencies, Indian tribes, and department fish production programs; (13) Future needs for game fish predator control measures; (14) Development of disease control measures; (15) Methods for obtaining access to waters currently not available to anglers; and (16) Development of research programs to support game fish management and enhancement programs. The department, in cooperation with the department of revenue, shall assess various funding mechanisms and make recommendations to the legislature in the plan. The department, in cooperation with the department of community, trade, and economic development, shall prepare an analysis of the economic benefits to the state that will occur when the game fish production is increased by one hundred percent in the year 2000. [1998 c 245 § 159; 1995 c 399 § 208; 1993 sp.s. c 2 § 70; 1990 c 110 § 2.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Finding—1990 c 110: "The legislature finds that the anadromous and resident game fish resource of the state can be greatly increased to benefit recreational fishermen and the economy of the state. Investments in the increase of anadromous and resident game fish stocks will provide benefits many times the cost of the program and will act as a catalyst for many additional benefits in the tourism and associated industries, while enhancing the livability of the state." [1990 c 110 § 1.] 77.12.722 Canada goose hunting—Season or bag limit restriction. For the purposes of establishing a season or bag limit restriction on Canada goose hunting, the commission shall not consider leg length or bill length of dusky Canada geese (Branta canadensis occidentalis). [2000 c 107 § 259; 1998 c 190 § 119; 1996 c 207 § 3; 1987 c 506 § 59; 1983 c 3 § 196; 1981 c 310 § 3; 1980 c 78 § 70; 1977 c 44 § 1; 1955 c 36 § 77.16.020. Prior: 1947 c 275 § 41; Rem. Supp. 1947 § 5992-50. Formerly RCW 77.16.020.] Intent—1996 c 207: See note following RCW 77.08.010. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.12.750 Senior environmental corps—Department powers and duties. (1) The department shall have the following powers and duties in carrying out its responsibilities for the senior environmental corps created under RCW 43.63A.247: Appoint a representative to the coordinating council; Develop project proposals; Administer project activities within the agency; Develop appropriate procedures for the use of volunteers; Provide project orientation, technical training, safety training, equipment, and supplies to carry out project activities; (2002 Ed.) 77.12.710 Maintain project records and provide project reports; Apply for and accept grants or contributions for corps approved projects; and With the approval of the council, enter into memoranda of understanding and cooperative agreements with federal, state, and local agencies to carry out corps approved projects. (2) The department shall not use corps volunteers to displace currently employed workers. [1993 sp.s. c 2 § 72; 1992 c 63 § 13.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Severability—1992 c 63: See note following RCW 43.63A.240. 77.12.760 Steelhead trout fishery. Steelhead trout shall be managed solely as a recreational fishery for nonIndian fishermen under the rule-setting authority of the fish and wildlife commission. Commercial non-Indian steelhead fisheries are not authorized. [1993 sp.s. c 2 § 78.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. 77.12.765 Tilton and Cowlitz rivers—Proposals to reinstate salmon and steelhead. The director shall develop proposals to reinstate the natural salmon and steelhead trout fish runs in the Tilton and upper Cowlitz rivers in accordance with RCW 77.04.120(3). [2000 c 107 § 206; 1993 sp.s. c 2 § 65; 1985 c 208 § 2. Formerly RCW 77.04.100.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. 77.12.790 Eastern Washington pheasant enhancement program—Purpose. There is created within the department the eastern Washington pheasant enhancement program. The purpose of the program is to improve the harvest of pheasants by releasing pen-reared rooster pheasants on sites accessible for public hunting and by providing grants for habitat enhancement on public or private lands under agreement with the department. The department may either purchase rooster pheasants from private contractors, or produce rooster pheasants from department-sanctioned cooperative projects, whichever is less expensive, provided that the pheasants released meet minimum department standards for health and maturity. Any surplus hen pheasants from pheasant farms or projects operated by the department or the department of corrections for this enhancement program shall be made available to landowners who voluntarily open their lands to public pheasant hunting. Pheasants produced for the eastern Washington pheasant enhancement program must not detrimentally affect the production or operation of the department’s western Washington pheasant release program. The release of pheasants for hunting purposes must not conflict with or supplant other department efforts to improve upland bird habitat or naturally produced upland birds. [1997 c 422 § 2.] Findings—1997 c 422: "The legislature finds that pheasant populations in eastern Washington have greatly decreased from their historic high [Title 77 RCW—page 21] 77.12.790 Title 77 RCW: Fish and Wildlife levels and that pheasant hunting success rates have plummeted. The number of pheasant hunters has decreased due to reduced hunting success. There is an opportunity to enhance the pheasant population by release of pen-reared pheasants and habitat enhancements to create increased hunting opportunities on publicly owned and managed lands." [1997 c 422 § 1.] 77.12.800 Pheasant hunting—Opportunities for juvenile hunters. The commission must establish special pheasant hunting opportunities for juvenile hunters in eastern Washington for the 1998 season and future seasons. [1997 c 422 § 3.] Findings—1997 c 422: See note following RCW 77.12.790. 77.12.810 Small game hunting license—Disposition of fee. As provided in RCW 77.32.440, a portion of each small game hunting license fee shall be deposited in the eastern Washington pheasant enhancement account created in RCW 77.12.820. [1998 c 191 § 30; 1997 c 422 § 4.] Effective date—1998 c 191: See note following RCW 77.32.400. Findings—1997 c 422: See note following RCW 77.12.790. 77.12.820 Eastern Washington pheasant enhancement account—Created—Use of moneys. The eastern Washington pheasant enhancement account is created in the custody of the state treasurer. All receipts under RCW 77.12.810 must be deposited in the account. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the eastern Washington pheasant enhancement program. The department may use moneys from the account to improve pheasant habitat or to purchase or produce pheasants. Not less than eighty percent of expenditures from the account must be used to purchase or produce pheasants. The eastern Washington pheasant enhancement account funds must not be used for the purchase of land. The account may be used to offer grants to improve pheasant habitat on public or private lands that are open to public hunting. The department may enter partnerships with private landowners, nonprofit corporations, cooperative groups, and federal or state agencies for the purposes of pheasant habitat enhancement in areas that will be available for public hunting. [1997 c 422 § 5.] Findings—1997 c 422: See note following RCW 77.12.790. 77.12.850 Definitions. The definitions in this section apply throughout RCW 77.12.850 through 77.12.860 unless the context clearly requires otherwise. (1) "Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in this title, and includes: Scientific Name Common Name Oncorhynchus Oncorhynchus Oncorhynchus Oncorhynchus Oncorhynchus Chinook salmon Coho salmon Chum salmon Pink salmon Sockeye salmon tshawytscha kisutch keta gorbuscha nerka (2) "Department" means the department of fish and wildlife. (3) "Committee" means the salmon stamp selection committee created in RCW 77.12.856. [Title 77 RCW—page 22] (4) "Stamp" means the stamp created under the Washington salmon stamp program and the Washington junior salmon stamp program, created in RCW 77.12.850 through 77.12.860. [1999 c 342 § 2.] Finding—1999 c 342: "The legislature finds that salmon recovery in Washington state will involve everyone and will require funds to accomplish recovery measures. Several species of salmon in Washington are, or are expected to be, listed as threatened or endangered under the federal endangered species act. At present, these species include chinook, chum, bull trout and coho. To bring attention to the importance of the recovery of salmon and their place in Washington’s heritage, raise funds for salmon recovery projects, and involve citizens of all ages, the Washington salmon stamp and Washington junior salmon stamp programs are created." [1999 c 342 § 1.] 77.12.852 Washington salmon stamp program— Creation. (1) The Washington salmon stamp program is created in the department. The purpose of the program is the creation of a stamp that will portray a salmonid species native to Washington and will be used for stamps, prints, and posters that can be sold in a wide range of prices and editions to appeal to citizens and collectors interested in supporting salmon restoration. The proceeds from the sale of the Washington salmon stamp shall be used for protection, preservation, and restoration of salmonid habitat in Washington. (2) Every year the department will announce competition, open to all Washington artists, for the creation of the year’s Washington salmon stamp. The department will market the stamp and prints through a wide distribution method including web sites, license sites, and at public events. (3) The winning artist will receive a monetary award and a certain number of artist proof prints. [1999 c 342 § 3.] Finding—1999 c 342: See note following RCW 77.12.850. 77.12.854 Washington junior salmon stamp program—Creation. (1) The Washington junior salmon stamp program is created in the department. The purpose of the program is the creation of a stamp that will portray a salmonid species native to Washington and will be used for stamps, prints, and posters that can be sold in a wide range of prices and editions to appeal to citizens and collectors interested in supporting salmon restoration. (2) Every year the department will announce a competition for the Washington junior salmon stamp program among Washington K-12 students. The top winner will receive a scholarship award. [1999 c 342 § 4.] Finding—1999 c 342: See note following RCW 77.12.850. 77.12.856 Salmon stamp selection committee— Creation. The salmon stamp selection committee is created. The committee is comprised of five individuals selected by the governor who will judge and select the winning entrant for the Washington salmon stamp program and Washington junior salmon stamp program. The governor will select names from a collection of names forwarded from the department and from the state arts commission in the following categories: Artist, not competing in the salmon stamp program; art collector; fish biologist; printer; and public school teacher. [1999 c 342 § 5.] (2002 Ed.) Powers and Duties Finding—1999 c 342: See note following RCW 77.12.850. 77.12.858 Deposit of receipts—Expenditures. All receipts from the salmon stamp program created under RCW 77.12.850 through 77.12.860 must be deposited into the regional fisheries enhancement salmonid recovery account created under RCW 77.95.130. Expenditures from the account may be used only for the purposes specified in RCW 77.95.130 and chapter 342, Laws of 1999. The department shall report biennially to the legislature on the amount of money the salmon stamp program has generated. [2000 c 107 § 230; 1999 c 342 § 6.] Finding—1999 c 342: See note following RCW 77.12.850. 77.12.860 Stamp design—Department’s rule-making authority. The department is granted the authority to establish by rule the method for selecting appropriate designs for the Washington salmon stamp program and Washington junior salmon stamp program. The stamp shall be designed and produced in accordance with department rules. [1999 c 342 § 7.] Finding—1999 c 342: See note following RCW 77.12.850. 77.12.865 Derelict fishing gear—Guidelines for removal and disposal. (1) As used in this section and RCW 77.12.870, "derelict fishing gear" includes lost or abandoned fishing nets, fishing lines, crab pots, shrimp pots, and other commercial and recreational fishing equipment. The term does not include lost or abandoned vessels. (2) The department, in partnership with the Northwest straits commission, the department of natural resources, and other interested parties, must publish guidelines for the safe removal and disposal of derelict fishing gear. The guidelines must be completed by August 31, 2002, and made available to any person interested in derelict fishing gear removal. (3) Derelict fishing gear removal conducted in accordance with the guidelines prepared in subsection (2) of this section is not subject to permitting under RCW 77.55.100. [2002 c 20 § 2.] Finding—Purpose—2002 c 20: "The legislature finds that fishing gear that is lost or abandoned may continue to catch marine organisms long after the gear is lost. The purpose of this act is to develop safe, effective methods to remove derelict fishing gear, eliminate regulatory barriers to gear removal, and discourage future losses of fishing gear." [2002 c 20 § 1.] 77.12.870 Derelict fishing gear data base. (1) The department, in consultation with the Northwest straits commission, the department of natural resources, and other interested parties, must create and maintain a data base of known derelict fishing gear, including the type of gear and its location. (2) A person who loses or abandons commercial fishing gear within the waters of the state is encouraged to report the location of the loss and the type of gear lost to the department within forty-eight hours of the loss. (3) The department, in consultation with fishing industry groups and tribal comanagers, must evaluate methods to reduce future losses of fishing gear and report the results of this evaluation to the appropriate legislative committees by January 1, 2003. [2002 c 20 § 3.] Finding—Purpose—2002 c 20: See note following RCW 77.12.865. (2002 Ed.) 77.12.856 77.12.875 Prohibited aquatic animal species— Infested state waters. (1) The commission may designate by rule state waters as infested if the director determines that these waters contain a prohibited aquatic animal species. (2) The commission, in consultation with the department of ecology, may designate state waters as infested if it is determined that these waters contain an invasive aquatic plant species. (3) The department shall work with the aquatic nuisance species committee and its member agencies to create educational materials informing the public of state waters that are infested with invasive species, and advise them of applicable rules and practices designed to reduce the spread of the invasive species infesting the waters. [2002 c 281 § 5.] Purpose—2002 c 281: See note following RCW 77.08.010. 77.12.878 Infested waters—Rapid response plan. (1) The director shall create a rapid response plan in cooperation with the aquatic nuisance species committee and its member agencies that describes actions to be taken when a prohibited aquatic animal species is found to be infesting a water body. These actions include eradication or control programs where feasible and containment of infestation where practical through notification, public education, and the enforcement of regulatory programs. (2) The commission may adopt rules to implement the rapid response plan. (3) The director, the department of ecology, and the Washington state parks and recreation commission may post signs at water bodies that are infested with aquatic animal species that are classified as prohibited aquatic animal species under RCW 77.12.020 or with invasive species of the plant kingdom. The signs should identify the prohibited plant and animal species present and warn users of the water body of the hazards and penalties for possessing and transporting these species. Educational signs may be placed at uninfested sites. [2002 c 281 § 6.] Purpose—2002 c 281: See note following RCW 77.08.010. Chapter 77.15 FISH AND WILDLIFE ENFORCEMENT CODE Sections 77.15.005 77.15.010 77.15.020 77.15.030 77.15.040 77.15.050 77.15.060 77.15.065 77.15.070 77.15.075 77.15.080 77.15.085 77.15.090 77.15.092 77.15.094 77.15.096 Finding—Intent. Exemption for department actions. Authority to define violation of rule as infraction. Individual animal unlawfully taken—Separate offense. Jurisdiction. "Conviction" defined. Reference to chapters 7.84 and 9A.20 RCW. Authority of attorney general if prosecuting attorney defaults. Civil forfeiture of property used for violation of chapter. Enforcement authority of fish and wildlife officers. Fish and wildlife officers—Inspection authority. Seizure without warrant. Search, arrest warrant—Issuance—Execution. Arrest without warrant. Search without warrant—Seizure of evidence, property— Limitation. Inspection without warrant—Commercial fish and wildlife entities—Limitations. [Title 77 RCW—page 23] Chapter 77.15 77.15.098 77.15.100 77.15.110 77.15.120 77.15.130 77.15.140 77.15.150 77.15.160 77.15.170 77.15.180 77.15.190 77.15.191 77.15.192 77.15.194 77.15.196 77.15.198 77.15.210 77.15.212 77.15.220 77.15.230 77.15.240 77.15.245 77.15.250 77.15.253 77.15.260 77.15.270 77.15.280 77.15.290 77.15.300 77.15.310 77.15.320 77.15.330 77.15.340 77.15.350 77.15.360 77.15.370 77.15.380 77.15.390 77.15.400 77.15.410 77.15.420 77.15.430 77.15.440 77.15.450 77.15.460 77.15.470 77.15.480 77.15.500 77.15.510 77.15.520 77.15.530 77.15.540 77.15.550 77.15.560 77.15.565 77.15.570 77.15.580 Title 77 RCW: Fish and Wildlife Willful misconduct/gross negligence—Civil liability. Forfeited wildlife and articles—Disposition—Department authority—Sale. Acting for commercial purposes—When—Proof. Endangered fish or wildlife—Unlawful taking—Penalty. Protected fish or wildlife—Unlawful taking—Penalty. Unclassified fish or wildlife—Unlawful taking—Penalty. Poison or explosives—Unlawful use—Penalty. Infractions—Record catch—Barbed hooks—Other rule violations. Waste of fish and wildlife—Penalty. Unlawful interference with fishing or hunting gear—Penalty. Unlawful trapping—Penalty. Revocation of trapper’s license—Placement of unauthorized traps. Definitions. Unlawful traps. Unlawful poison. Violation of RCW 77.15.194 or 77.15.196—Penalty. Obstructing the taking of fish, shellfish, or wildlife— Penalty. Damages due to violation of RCW 77.15.210—Civil action. Unlawful posting—Penalty. Department lands or facilities—Unlawful use—Penalty. Unlawful use of dogs—Public nuisance—Penalty. Unlawful practices—Black bear baiting—Exceptions— Illegal hunting—Use of dogs—Exceptions—Penalties. Unlawful release of fish, shellfish, or wildlife—Penalty— Unlawful release of deleterious exotic wildlife—Penalty. Unlawful use of prohibited aquatic animal species—Penalty. Unlawful trafficking in fish, shellfish, or wildlife—Penalty. Providing false information—Penalty. Reporting of fish or wildlife harvest—Rules violation— Penalty. Unlawful transportation of fish or wildlife—Unlawful transport of aquatic plants—Penalty. Unlawful hydraulic project activities—Penalty. Unlawful failure to use or maintain approved fish guard on water diversion device—Penalty. Unlawful failure to provide, maintain, or operate fishway for dam or other obstruction—Penalty. Unlawful hunting or fishing contests—Penalty. Unlawful operation of a game farm—Penalty. Inspection and disease control of aquatic farms—Rules violation—Penalty. Unlawful interfering in department operations—Penalty. Unlawful recreational fishing in the first degree—Penalty. Unlawful recreational fishing in the second degree—Penalty. Seaweed—Unlawful taking—Penalty. Unlawful hunting of wild birds—Penalty. Unlawful hunting of big game—Penalty. Illegally taken or possessed wildlife—Criminal wildlife penalty assessed. Unlawful hunting of wild animals—Penalty. Weapons, traps, or dogs on game reserves—Unlawful use— Penalty. Spotlighting big game—Penalty. Loaded firearm in vehicle—Unlawful use or possession— Penalty. Wildlife check stations or field inspections—Unlawful avoidance—Penalty. Certain devices declared public nuisances. Commercial fishing without a license—Penalty. Commercial fish guiding or chartering without a license— Penalty. Commercial fishing—Unlawful gear or methods—Penalty. Unlawful use of a nondesignated vessel—Penalty. Unlawful use of a commercial fishery license—Penalty. Violation of commercial fishing area or time—Penalty. Commercial fish, shellfish harvest or delivery—Failure to report—Penalty. Wholesale fish dealers—Accounting of commercial harvest—Penalties. Participation of non-Indians in Indian fishery forbidden— Exceptions, definitions, penalty. Unlawful use of net to take fish—Penalty. [Title 77 RCW—page 24] 77.15.590 77.15.600 77.15.610 77.15.620 77.15.630 77.15.640 77.15.650 77.15.660 77.15.670 77.15.675 77.15.680 77.15.690 77.15.700 77.15.710 77.15.720 77.15.730 77.15.732 77.15.900 77.15.901 77.15.902 Commercial fishing vessel—Unlawful use for recreational or charter fishing—Penalty. Engaging in commercial wildlife activity without a license— Penalty. Unlawful use of a commercial wildlife license—Penalty. Engaging in fish dealing activity—Unlicensed—Penalty. Fish buying and dealing licenses—Unlawful use—Penalty. Wholesale fish buying and dealing—Rules violations— Penalty. Unlawful purchase or use of a license—Penalty. Unlawful use of scientific permit—Penalty. Suspension of department privileges—Violation—Penalty. Hunting while intoxicated—Penalty. Department authority to suspend privileges—Form and procedure. Department authority to revoke licenses. Grounds for department revocation and suspension of privileges. Conviction for assault—Revocation of licenses and suspension of privileges. Shooting another person, livestock—Director’s authority to suspend privileges. Wildlife violator compact citations and convictions. Citations from wildlife violator compact party state—Failure to comply. Short title. Captions not law. Savings—1998 c 190. 77.15.005 Finding—Intent. The legislature finds that merger of the departments of fisheries and wildlife resulted in two criminal codes applicable to fish and wildlife, and that it has become increasingly difficult to administer and enforce the two criminal codes. Furthermore, laws defining crimes involving fish and wildlife have evolved over many years of changing uses and management objectives for fish and wildlife. The resulting two codes make it difficult for citizens to comply with the law and unnecessarily complicate enforcement of laws against violators. The legislature intends by chapter 190, Laws of 1998 to revise and recodify the criminal laws governing fish and wildlife, ensuring that all people involved with fish and wildlife are able to know and understand the requirements of the laws and the risks of violation. Additionally, the legislature intends to create a more uniform approach to criminal laws governing fish and wildlife and to the laws authorizing prosecution, sentencing, and punishments, including repealing crimes that are redundant to other provisions of the criminal code. Chapter 190, Laws of 1998 is not intended to alter existing powers of the commission or the director to adopt rules or exercise powers over fish and wildlife. In some places reference is made to violation of department rules, but this is intended to conform with current powers of the commission, director, or both, to adopt rules governing fish and wildlife activities. [1998 c 190 § 1.] 77.15.010 Exemption for department actions. A person is not guilty of a crime under this chapter if the person is an officer, employee, or agent of the department lawfully acting in the course of his or her authorized duties. [1998 c 190 § 2.] 77.15.020 Authority to define violation of rule as infraction. If the commission or director has authority to adopt a rule that is punishable as a crime under this chapter, (2002 Ed.) Fish and Wildlife Enforcement Code then the commission or director may provide that violation of the rule shall be punished with notice of infraction under RCW 7.84.030. [1998 c 190 § 3.] 77.15.030 Individual animal unlawfully taken— Separate offense. Where it is unlawful to hunt, take, fish, possess, or traffic in big game or protected or endangered fish or wildlife, then each individual animal unlawfully taken or possessed is a separate offense. [1999 c 258 § 1; 1998 c 190 § 4.] 77.15.040 Jurisdiction. District courts have jurisdiction concurrent with superior courts for misdemeanors and gross misdemeanors committed in violation of this chapter and may impose the punishment provided for these offenses. Superior courts have jurisdiction over felonies committed in violation of this chapter. Venue for offenses occurring in off-shore waters shall be in a county bordering on the Pacific Ocean, or the county where fish or wildlife from the offense are landed. [1998 c 190 § 5.] 77.15.050 "Conviction" defined. Unless the context clearly requires otherwise, as used in this chapter, "conviction" means a final conviction in a state or municipal court or an unvacated forfeiture of bail or collateral deposited to secure the defendant’s appearance in court. A plea of guilty, or a finding of guilt for a violation of this title or rule of the commission or director constitutes a conviction regardless of whether the imposition of sentence is deferred or the penalty is suspended. [1998 c 190 § 6.] 77.15.060 Reference to chapters 7.84 and 9A.20 RCW. Crimes defined by this chapter shall be punished as infractions, misdemeanors, gross misdemeanors, or felonies, based on the classification of crimes set out in chapters 7.84 and 9A.20 RCW. [1998 c 190 § 7.] 77.15.065 Authority of attorney general if prosecuting attorney defaults. If the prosecuting attorney of the county in which a violation of this title or rule of the department occurs fails to file an information against the alleged violator, the attorney general upon request of the commission may file an information in the superior court of the county and prosecute the case in place of the prosecuting attorney. The commission may request prosecution by the attorney general if thirty days have passed since the commission informed the county prosecuting attorney of the alleged violation. [1996 c 267 § 9; 1983 1st ex.s. c 46 § 41; 1949 c 112 § 24; Rem. Supp. 1949 § 5780-222. Formerly RCW 75.10.100, 75.08.275, 43.25.070.] Intent—Effective date—1996 c 267: See notes following RCW 77.12.177. 77.15.070 Civil forfeiture of property used for violation of chapter. (1) Fish and wildlife officers and ex officio fish and wildlife officers may seize without warrant boats, airplanes, vehicles, motorized implements, conveyances, gear, appliances, or other articles they have probable cause to believe have been held with intent to violate or used in violation of this title or rule of the commission or direc(2002 Ed.) 77.15.020 tor. However, fish and wildlife officers or ex officio fish and wildlife officers may not seize any item or article, other than for evidence, if under the circumstances, it is reasonable to conclude that the violation was inadvertent. The property seized is subject to forfeiture to the state under this section regardless of ownership. Property seized may be recovered by its owner by depositing into court a cash bond equal to the value of the seized property but not more than twenty-five thousand dollars. Such cash bond is subject to forfeiture in lieu of the property. Forfeiture of property seized under this section is a civil forfeiture against property and is intended to be a remedial civil sanction. (2) In the event of a seizure of property under this section, jurisdiction to begin the forfeiture proceedings shall commence upon seizure. Within fifteen days following the seizure, the seizing authority shall serve a written notice of intent to forfeit property on the owner of the property seized and on any person having any known right or interest in the property seized. Notice may be served by any method authorized by law or court rule, including service by certified mail with return receipt requested. Service by mail is deemed complete upon mailing within the fifteen-day period following the seizure. (3) Persons claiming a right of ownership or right to possession of property are entitled to a hearing to contest forfeiture. Such a claim shall specify the claim of ownership or possession and shall be made in writing and served on the director within forty-five days of the seizure. If the seizing authority has complied with notice requirements and there is no claim made within forty-five days, then the property shall be forfeited to the state. (4) If any person timely serves the director with a claim to property, the person shall be afforded an opportunity to be heard as to the person’s claim or right. The hearing shall be before the director or director’s designee, or before an administrative law judge appointed under chapter 34.12 RCW, except that a person asserting a claim or right may remove the matter to a court of competent jurisdiction if the aggregate value of the property seized is more than five thousand dollars. (5) The hearing to contest forfeiture and any subsequent appeal shall be as provided for in chapter 34.05 RCW, the administrative procedure act. The seizing authority has the burden to demonstrate that it had reason to believe the property was held with intent to violate or was used in violation of this title or rule of the commission or director. The person contesting forfeiture has the burden of production and proof by a preponderance of evidence that the person owns or has a right to possess the property and: (a) That the property was not held with intent to violate or used in violation of this title; or (b) If the property is a boat, airplane, or vehicle, that the illegal use or planned illegal use of the boat, airplane, or vehicle occurred without the owner’s knowledge or consent, and that the owner acted reasonably to prevent illegal uses of such boat, airplane, or vehicle. (6) A forfeiture of a conveyance encumbered by a perfected security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission. No security interest in seized property may be perfected after seizure. [Title 77 RCW—page 25] 77.15.070 Title 77 RCW: Fish and Wildlife (7) If seized property is forfeited under this section the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release such property to the agency for the use of enforcing this title, or sell such property, and deposit the proceeds to the wildlife fund, as provided for in RCW 77.12.170. [2000 c 107 § 231; 1998 c 190 § 69.] 77.15.075 Enforcement authority of fish and wildlife officers. (1) Fish and wildlife officers and ex officio fish and wildlife officers shall enforce this title, rules of the department, and other statutes as prescribed by the legislature. Fish and wildlife officers who are not ex officio officers shall have and exercise, throughout the state, such police powers and duties as are vested in sheriffs and peace officers generally. An applicant for a fish and wildlife officer position must be a citizen of the United States of America who can read and write the English language. All fish and wildlife officers employed after June 13, 2002, must successfully complete the basic law enforcement academy course, known as the basic course, sponsored by the criminal justice training commission, or the basic law enforcement equivalency certification, known as the equivalency course, provided by the criminal justice training commission. All officers employed on June 13, 2002, must have successfully completed the basic course, the equivalency course, or the supplemental course in criminal law enforcement, known as the supplemental course, offered under chapter 155, Laws of 1985. Any officer who has not successfully completed the basic course, the equivalency course, or the supplemental course must complete the basic course or the equivalency course within fifteen months of June 13, 2002. (2) Fish and wildlife officers are peace officers. However, nothing in this section or RCW 10.93.020 confers membership to such officers in the Washington law enforcement officers’ and fire fighters’ retirement system under chapter 41.26 RCW. (3) Any liability or claim of liability under chapter 4.92 RCW that arises out of the exercise or alleged exercise of authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the direction and control of another agency or unless the liability is otherwise assumed under an agreement between the department and another agency. (4) Fish and wildlife officers may serve and execute warrants and processes issued by the courts. [2002 c 128 § 4; 2000 c 107 § 212; 1998 c 190 § 112; 1993 sp.s. c 2 § 67; 1988 c 36 § 50; 1987 c 506 § 16; 1985 c 155 § 2; 1980 c 78 § 17. Formerly RCW 77.12.055.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.15.080 Fish and wildlife officers—Inspection authority. (1) Based upon articulable facts that a person is engaged in fishing, harvesting, or hunting activities, fish and wildlife officers have the authority to temporarily stop the [Title 77 RCW—page 26] person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish, shellfish, seaweed, and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title, and may request the person to write his or her signature for comparison with the signature on the license. Failure to comply with the request is prima facie evidence that the person is not the person named on the license. For licenses purchased over the internet or telephone, fish and wildlife officers may require the person, if age eighteen or older, to exhibit a driver’s license or other photo identification. (2) Based upon articulable facts that a person is transporting a prohibited aquatic animal species or any aquatic plant, fish and wildlife officers and ex officio fish and wildlife officers have the authority to temporarily stop the person and inspect the watercraft to ensure that the watercraft and associated equipment are not transporting prohibited aquatic animal species or aquatic plants. [2002 c 281 § 8. Prior: 2001 c 306 § 1; 2001 c 253 § 23; 2000 c 107 § 233; 1998 c 190 § 113.] Purpose—2002 c 281: See note following RCW 77.08.010. 77.15.085 Seizure without warrant. Fish and wildlife officers and ex officio fish and wildlife officers may seize without a warrant wildlife, fish, and shellfish they have probable cause to believe have been taken, transported, or possessed in violation of this title or rule of the commission or director. [2000 c 107 § 232.] 77.15.090 Search, arrest warrant—Issuance— Execution. On a showing of probable cause that there has been a violation of any fish, seaweed, shellfish, or wildlife law of the state of Washington, or upon a showing of probable cause to believe that evidence of such violation may be found at a place, a court shall issue a search warrant or arrest warrant. Fish and wildlife officers may execute any such arrest or search warrant reasonably necessary to their duties under this title and may seize fish, seaweed, shellfish, and wildlife or any evidence of a crime and the fruits or instrumentalities of a crime as provided by warrant. The court may have a building, enclosure, vehicle, vessel, container, or receptacle opened or entered and the contents examined. [2001 c 253 § 24; 2000 c 107 § 234; 1998 c 190 § 117; 1980 c 78 § 26; 1955 c 36 § 77.12.120. Prior: 1947 c 275 § 22; Rem. Supp. 1947 § 5992-32. Formerly RCW 77.12.120.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.15.092 Arrest without warrant. Fish and wildlife officers and ex officio fish and wildlife officers may arrest without warrant persons found violating the law or rules adopted pursuant to this title. [2000 c 107 § 213; 1998 c 190 § 114; 1987 c 506 § 19; 1980 c 78 § 20; 1971 ex.s. c 173 § 2; 1961 c 68 § 3; 1955 c 36 § 77.12.080. Prior: 1947 c 275 § 18; Rem. Supp. 1947 § 5992-28. Formerly RCW 77.12.080.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. (2002 Ed.) Fish and Wildlife Enforcement Code 77.15.094 Search without warrant—Seizure of evidence, property—Limitation. Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title and seize evidence as needed for law enforcement. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution. Seizure of property as evidence of a crime does not preclude seizure of the property for forfeiture as authorized by law. [2001 c 253 § 25; 2000 c 107 § 214; 1998 c 190 § 115; 1987 c 506 § 20; 1980 c 78 § 21; 1955 c 36 § 77.12.090. Prior: 1947 c 275 § 19; Rem. Supp. 1947 § 5992-29. Formerly RCW 77.12.090.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.15.096 Inspection without warrant—Commercial fish and wildlife entities—Limitations. Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner the premises, containers, fishing equipment, fish, seaweed, shellfish, and wildlife, and records required by the department of any commercial fisher or wholesale dealer or fish buyer. Fish and wildlife officers may similarly inspect without warrant the premises, containers, fishing equipment, fish, shellfish, and wildlife, and records required by the department of any shipping agent or other person placing or attempting to place fish, shellfish, or wildlife into interstate commerce, any cold storage plant that the department has probable cause to believe contains fish, shellfish, or wildlife, or of any taxidermist or fur buyer. Fish and wildlife officers may inspect without warrant the records required by the department of any retail outlet selling fish, shellfish, or wildlife, and, if the officers have probable cause to believe a violation of this title or rules of the commission has occurred, they may inspect without warrant the premises, containers, and fish, shellfish, and wildlife of any retail outlet selling fish, shellfish, or wildlife. Authority granted under this section does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution. [2002 c 128 § 5; 2001 c 253 § 26; 1998 c 190 § 116; 1982 c 152 § 1; 1980 c 78 § 22. Formerly RCW 77.12.095.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.15.098 Willful misconduct/gross negligence— Civil liability. (1) An authorized state, county, or municipal officer may be subject to civil liability under RCW (2002 Ed.) 77.15.094 77.15.070 for willful misconduct or gross negligence in the performance of his or her duties. (2) The director, the fish and wildlife commission, or the department may be subject to civil liability for their willful or reckless misconduct in matters involving the seizure and forfeiture of personal property involved with fish or wildlife offenses. [2000 c 107 § 215; 1993 sp.s. c 2 § 68; 1989 c 314 § 3. Formerly RCW 77.12.103.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Finding—1989 c 314: "In order to improve the enforcement of wildlife laws it is important to increase the penalties upon poachers by seizing the conveyances and gear that are used in poaching activities and to cause forfeiture of those items to the department." [1989 c 314 § 1.] 77.15.100 Forfeited wildlife and articles— Disposition—Department authority—Sale. (1) Unless otherwise provided in this title, fish, shellfish, or wildlife unlawfully taken or possessed, or involved in a violation shall be forfeited to the state upon conviction. Unless already held by, sold, destroyed, or disposed of by the department, the court shall order such fish or wildlife to be delivered to the department. Where delay will cause loss to the value of the property and a ready wholesale buying market exists, the department may sell property to a wholesale buyer at a fair market value. (2) When seized property is forfeited to the department, the department may retain it for official use unless the property is required to be destroyed, or upon application by any law enforcement agency of the state, release the property to the agency for the use of enforcing this title, or sell such property and deposit the proceeds into the state wildlife fund established under RCW 77.12.170. Any sale of other property shall be at public auction or after public advertisement reasonably designed to obtain the highest price. The time, place, and manner of holding the sale shall be determined by the director. The director may contract for the sale to be through the department of general administration as state surplus property, or, except where not justifiable by the value of the property, the director shall publish notice of the sale once a week for at least two consecutive weeks before the sale in at least one newspaper of general circulation in the county in which the sale is to be held. [2000 c 107 § 235; 1998 c 190 § 63.] 77.15.110 Acting for commercial purposes— When—Proof. (1) For purposes of this chapter, a person acts for commercial purposes if the person engages in conduct that relates to commerce in fish, seaweed, shellfish, or wildlife or any parts thereof. Commercial conduct may include taking, delivering, selling, buying, or trading fish, seaweed, shellfish, or wildlife where there is present or future exchange of money, goods, or any valuable consideration. Evidence that a person acts for commercial purposes includes, but is not limited to, the following conduct: (a) Using gear typical of that used in commercial fisheries; (b) Exceeding the bag or possession limits for personal use by taking or possessing more than three times the amount of fish, seaweed, shellfish, or wildlife allowed; [Title 77 RCW—page 27] 77.15.110 Title 77 RCW: Fish and Wildlife (c) Delivering or attempting to deliver fish, seaweed, shellfish, or wildlife to a person who sells or resells fish, seaweed, shellfish, or wildlife including any licensed or unlicensed wholesaler; (d) Taking fish or shellfish using a vessel designated on a commercial fishery license or using gear not authorized in a personal use fishery; (e) Using a commercial fishery license; (f) Selling or dealing in raw furs; or (g) Performing taxidermy service on fish, shellfish, or wildlife belonging to another person for a fee or receipt of goods or services. (2) For purposes of this chapter, the value of any fish, seaweed, shellfish, or wildlife may be proved based on evidence of legal or illegal sales involving the person charged or any other person, of offers to sell or solicitation of offers to sell by the person charged or by any other person, or of any market price for the fish, seaweed, shellfish, or wildlife including market price for farm-raised game animals. The value assigned to specific fish, seaweed, shellfish, or wildlife by RCW 77.15.420 may be presumed to be the value of such fish, seaweed, shellfish, or wildlife. It is not relevant to proof of value that the person charged misrepresented that the fish, seaweed, shellfish, or wildlife was taken in compliance with law if the fish, seaweed, shellfish, or wildlife was unlawfully taken and had no lawful market value. [2002 c 127 § 2; 2001 c 253 § 27; 1998 c 190 § 8.] Intent—2002 c 127: "The legislature intends to clarify that when a crime under chapter 77.15 RCW requires proof that a person acted for commercial purposes, that element refers to engaging in particular conduct that is commercial in nature and the element does not imply that a particular state of mind must exist. This act revises the existing definition of that element to confirm that the element is fulfilled by engaging in commercial conduct and to eliminate any implication that a particular mental state of mind must be shown. Examples are given of the type of conduct that may be considered as evidence that a person acts for a commercial purpose; however, these examples do not create a conclusive presumption that a person acts for a commercial purpose." [2002 c 127 § 1.] 77.15.120 Endangered fish or wildlife—Unlawful taking—Penalty. (1) A person is guilty of unlawful taking of endangered fish or wildlife in the second degree if the person hunts, fishes, possesses, maliciously harasses or kills fish or wildlife, or maliciously destroys the nests or eggs of fish or wildlife and the fish or wildlife is designated by the commission as endangered, and the taking has not been authorized by rule of the commission. (2) A person is guilty of unlawful taking of endangered fish or wildlife in the first degree if the person has been: (a) Convicted under subsection (1) of this section or convicted of any crime under this title involving the killing, possessing, harassing, or harming of endangered fish or wildlife; and (b) Within five years of the date of the prior conviction the person commits the act described by subsection (1) of this section. (3)(a) Unlawful taking of endangered fish or wildlife in the second degree is a gross misdemeanor. (b) Unlawful taking of endangered fish or wildlife in the first degree is a class C felony. The department shall revoke any licenses or tags used in connection with the crime and order the person’s privileges to hunt, fish, trap, or obtain [Title 77 RCW—page 28] licenses under this title to be suspended for two years. [2000 c 107 § 236; 1998 c 190 § 13.] 77.15.130 Protected fish or wildlife—Unlawful taking—Penalty. (1) A person is guilty of unlawful taking of protected fish or wildlife if: (a) The person hunts, fishes, possesses, or maliciously kills protected fish or wildlife, or the person possesses or maliciously destroys the eggs or nests of protected fish or wildlife, and the taking has not been authorized by rule of the commission; or (b) The person violates any rule of the commission regarding the taking, harming, harassment, possession, or transport of protected fish or wildlife. (2) Unlawful taking of protected fish or wildlife is a misdemeanor. [1998 c 190 § 14.] 77.15.140 Unclassified fish or wildlife—Unlawful taking—Penalty. (1) A person is guilty of unlawful taking of unclassified fish or wildlife if: (a) The person kills, hunts, fishes, takes, holds, possesses, transports, or maliciously injures or harms fish or wildlife that is not classified as big game, game fish, game animals, game birds, food fish, shellfish, protected wildlife, or endangered wildlife; and (b) The act violates any rule of the commission or the director. (2) Unlawful taking of unclassified fish or wildlife is a misdemeanor. [1998 c 190 § 15.] 77.15.150 Poison or explosives—Unlawful use— Penalty. (1) A person is guilty of unlawful use of poison or explosives if: (a) The person lays out, sets out, or uses a drug, poison, or other deleterious substance that kills, injures, harms, or endangers fish, shellfish, or wildlife, except if the person is using the substance in compliance with federal and state laws and label instructions; or (b) The person lays out, sets out, or uses an explosive that kills, injures, harms, or endangers fish, shellfish, or wildlife, except if authorized by law or permit of the director. (2) Unlawful use of poison or explosives is a gross misdemeanor. [2001 c 253 § 28; 1998 c 190 § 16.] 77.15.160 Infractions—Record catch—Barbed hooks—Other rule violations. A person is guilty of an infraction, which shall be cited and punished as provided under chapter 7.84 RCW, if the person: (1) Fails to immediately record a catch of fish or shellfish on a catch record card required by RCW 77.32.430, or required by rule of the commission under this title; or (2) Fishes for personal use using barbed hooks in violation of any rule; or (3) Violates any other rule of the commission or director that is designated by rule as an infraction. [2000 c 107 § 237; 1998 c 190 § 17.] 77.15.170 Waste of fish and wildlife—Penalty. (1) A person is guilty of waste of fish and wildlife in the second degree if: (2002 Ed.) Fish and Wildlife Enforcement Code (a) The person kills, takes, or possesses fish, shellfish, or wildlife and the value of the fish, shellfish, or wildlife is greater than twenty dollars but less than two hundred fifty dollars; and (b) The person recklessly allows such fish, shellfish, or wildlife to be wasted. (2) A person is guilty of waste of fish and wildlife in the first degree if: (a) The person kills, takes, or possesses fish, shellfish, or wildlife having a value of two hundred fifty dollars or more or wildlife classified as big game; and (b) The person recklessly allows such fish, shellfish, or wildlife to be wasted. (3)(a) Waste of fish and wildlife in the second degree is a misdemeanor. (b) Waste of fish and wildlife in the first degree is a gross misdemeanor. Upon conviction, the department shall revoke any license or tag used in the crime and shall order suspension of the person’s privileges to engage in the activity in which the person committed waste of fish and wildlife in the first degree for a period of one year. (4) It is prima facie evidence of waste if a processor purchases or engages a quantity of food fish, shellfish, or game fish that cannot be processed within sixty hours after the food fish, game fish, or shellfish are taken from the water, unless the food fish, game fish, or shellfish are preserved in good marketable condition. [1999 c 258 § 5; 1998 c 190 § 21.] 77.15.180 Unlawful interference with fishing or hunting gear—Penalty. (1) A person is guilty of unlawful interference with fishing or hunting gear in the second degree if the person: (a) Takes or releases a wild animal from another person’s trap without permission; (b) Springs, pulls up, damages, possesses, or destroys another person’s trap without the owner’s permission; or (c) Interferes with recreational gear used to take fish or shellfish. (2) Unlawful interference with fishing or hunting gear in the second degree is a misdemeanor. (3) A person is guilty of unlawful interference with fishing or hunting gear in the first degree if the person: (a) Takes or releases fish or shellfish from commercial fishing gear without the owner’s permission; or (b) Intentionally destroys or interferes with commercial fishing gear. (4) Unlawful interference with fishing or hunting gear in the first degree is a gross misdemeanor. (5) A person is not in violation of unlawful interference with fishing or hunting gear if the person removes a trap placed on property owned, leased, or rented by the person. [2001 c 253 § 29; 1998 c 190 § 22.] 77.15.190 Unlawful trapping—Penalty. (1) A person is guilty of unlawful trapping if the person: (a) Sets out traps that are capable of taking wild animals, game animals, or furbearing mammals and does not possess all licenses, tags, or permits required under this title; (b) Violates any rule of the commission or director regarding seasons, bag or possession limits, closed areas (2002 Ed.) 77.15.170 including game reserves, closed times, or any other rule governing the trapping of wild animals; or (c) Fails to identify the owner of the traps or devices by neither (i) attaching a metal tag with the owner’s department-assigned identification number or the name and address of the trapper legibly written in numbers or letters not less than one-eighth inch in height nor (ii) inscribing into the metal of the trap such number or name and address. (2) Unlawful trapping is a misdemeanor. [1999 c 258 § 9; 1998 c 190 § 34.] 77.15.191 Revocation of trapper’s license— Placement of unauthorized traps. The director may revoke the trapper’s license of a person placing unauthorized traps on private property and may remove those traps. [2000 c 107 § 268; 1987 c 372 § 4. Formerly RCW 77.65.470, 77.32.199.] 77.15.192 Definitions. The definitions in this section apply throughout RCW 77.15.194 through 77.15.198. (1) "Animal" means any nonhuman vertebrate. (2) "Body-gripping trap" means a trap that grips an animal’s body or body part. Body-gripping trap includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, Conibear traps, neck snares, and nonstrangling foot snares. Cage and box traps, suitcase-type live beaver traps, and common rat and mouse traps are not considered body-gripping traps. (3) "Person" means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental instrumentality. (4) "Raw fur" means a pelt that has not been processed for purposes of retail sale. (5) "Animal problem" means any animal that threatens or damages timber or private property or threatens or injures livestock or any other domestic animal. [2001 c 1 § 2 (Initiative Measure No. 713, approved November 7, 2000).] Finding—2001 c 1 (Initiative Measure No. 713): "The people of the state of Washington find that this act is necessary in order to protect people and domestic pets and to protect and conserve wildlife from the dangers of cruel and indiscriminate steel-jawed leghold traps and poisons, and to encourage the use of humane methods of trapping when trapping is necessary to ensure public health and safety, protect livestock or property, safeguard threatened and endangered species, or conduct field research on wildlife." [2001 c 1 § 1 (Initiative Measure No. 713, approved November 7, 2000).] Severability—2001 c 1 (Initiative Measure No. 713): "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." [2001 c 1 § 6 (Initiative Measure No. 713, approved November 7, 2000).] 77.15.194 Unlawful traps. (1) It is unlawful to use or authorize the use of any steel-jawed leghold trap, neck snare, or other body-gripping trap to capture any mammal for recreation or commerce in fur. (2) It is unlawful to knowingly buy, sell, barter, or otherwise exchange, or offer to buy, sell, barter, or otherwise exchange the raw fur of a mammal or a mammal that has been trapped in this state with a steel-jawed leghold trap or any other body-gripping trap, whether or not pursuant to permit. [Title 77 RCW—page 29] 77.15.194 Title 77 RCW: Fish and Wildlife (3) It is unlawful to use or authorize the use of any steel-jawed leghold trap or any other body-gripping trap to capture any animal, except as provided in subsections (4) and (5) of this section. (4) Nothing in this section prohibits the use of a Conibear trap in water, a padded leghold trap, or a nonstrangling type foot snare with a special permit granted by [the] director under (a) through (d) of this subsection. Issuance of the special permits shall be governed by rules adopted by the department and in accordance with the requirements of this section. Every person granted a special permit to use a trap or device listed in this subsection shall check the trap or device at least every twenty-four hours. (a) Nothing in this section prohibits the director, in consultation with the department of social and health services or the United States department of health and human services from granting a permit to use traps listed in this subsection for the purpose of protecting people from threats to their health and safety. (b) Nothing in this section prohibits the director from granting a special permit to use traps listed in this subsection to a person who applies for such a permit in writing, and who establishes that there exists on a property an animal problem that has not been and cannot be reasonably abated by the use of nonlethal control tools, including but not limited to guard animals, electric fencing, or box and cage traps, or if such nonlethal means cannot be reasonably applied. Upon making a finding in writing that the animal problem has not been and cannot be reasonably abated by nonlethal control tools or if the tools cannot be reasonably applied, the director may authorize the use, setting, placing, or maintenance of the traps for a period not to exceed thirty days. (c) Nothing in this section prohibits the director from granting a special permit to department employees or agents to use traps listed in this subsection where the use of the traps is the only practical means of protecting threatened or endangered species as designated under RCW 77.08.010. (d) Nothing in this section prohibits the director from issuing a permit to use traps listed in this subsection, excluding Conibear traps, for the conduct of legitimate wildlife research. (5) Nothing in this section prohibits the United States fish and wildlife service, its employees or agents, from using a trap listed in subsection (4) of this section where the fish and wildlife service determines, in consultation with the director, that the use of such traps is necessary to protect species listed as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). [2001 c 1 § 3 (Initiative Measure No. 713, approved November 7, 2000).] Finding—Severability—2001 c 1 (Initiative Measure No. 713): See notes following RCW 77.15.192. 77.15.196 Unlawful poison. It is unlawful to poison or attempt to poison any animal using sodium fluoroacetate, also known as compound 1080, or sodium cyanide. [2001 c 1 § 4 (Initiative Measure No. 713, approved November 7, 2000).] Finding—Severability—2001 c 1 (Initiative Measure No. 713): See notes following RCW 77.15.192. [Title 77 RCW—page 30] 77.15.198 Violation of RCW 77.15.194 or 77.15.196—Penalty. Any person who violates RCW 77.15.194 or 77.15.196 is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the director shall revoke the trapping license of any person convicted of a violation of RCW 77.15.194 or 77.15.196. The director shall not issue the violator a trapping license for a period of five years following the revocation. Following a subsequent conviction for a violation of RCW 77.15.194 or 77.15.196 by the same person, the director shall not issue a trapping license to the person at any time. [2001 c 1 § 5 (Initiative Measure No. 713, approved November 7, 2000).] Finding—Severability—2001 c 1 (Initiative Measure No. 713): See notes following RCW 77.15.192. 77.15.210 Obstructing the taking of fish, shellfish, or wildlife—Penalty. (1) A person is guilty of obstructing the taking of fish[, shellfish,] or wildlife if the person: (a) Harasses, drives, or disturbs fish, shellfish, or wildlife with the intent of disrupting lawful pursuit or taking thereof; or (b) Harasses, intimidates, or interferes with an individual engaged in the lawful taking of fish, shellfish, or wildlife or lawful predator control with the intent of disrupting lawful pursuit or taking thereof. (2) Obstructing the taking of fish, shellfish, or wildlife is a gross misdemeanor. (3) It is an affirmative defense to a prosecution for obstructing the taking of fish, shellfish, or wildlife that the person charged was: (a) Interfering with a person engaged in hunting outside the legally established hunting season; or (b) Preventing or attempting to prevent unauthorized trespass on private property. (4) The person raising a defense under subsection (3) of this section has the burden of proof by a preponderance of the evidence. [2001 c 253 § 30; 1998 c 190 § 24.] 77.15.212 Damages due to violation of RCW 77.15.210—Civil action. Any person who is damaged by any act prohibited in RCW 77.15.210 may bring a civil action to enjoin further violations, and recover damages sustained, including a reasonable attorneys’ fee. The trial court may increase the award of damages to an amount not to exceed three times the damages sustained. A party seeking civil damages under this section may recover upon proof of a violation by a preponderance of the evidence. The state of Washington may bring a civil action to enjoin violations of this section. [2000 c 107 § 238.] 77.15.220 Unlawful posting—Penalty. (1) A person is guilty of unlawful posting if the individual posts signs preventing hunting or fishing on any land not owned or leased by the individual, or without the permission of the person who owns, leases, or controls the land posted. (2) Unlawful posting is a misdemeanor. [1998 c 190 § 25.] 77.15.230 Department lands or facilities—Unlawful use—Penalty. (1) A person is guilty of unlawful use of (2002 Ed.) Fish and Wildlife Enforcement Code department lands or facilities if the person enters upon, uses, or remains upon department-owned or department-controlled lands or facilities in violation of any rule of the department. (2) Unlawful use of department lands or facilities is a misdemeanor. [1999 c 258 § 6; 1998 c 190 § 26.] 77.15.240 Unlawful use of dogs—Public nuisance— Penalty. (1) A person is guilty of unlawful use of dogs if the person: (a) Negligently fails to prevent a dog under the person’s control from pursuing or injuring deer, elk, or an animal classified as endangered under this title; (b) Uses the dog to hunt deer or elk; or (c) During the closed season for a species of game animal or game bird, negligently fails to prevent the dog from pursuing such animal or destroying the nest of a game bird. (2) Unlawful use of dogs is a misdemeanor. A dog that is the basis for a violation of this section may be declared a public nuisance. [1998 c 190 § 30.] 77.15.245 Unlawful practices—Black bear baiting— Exceptions—Illegal hunting—Use of dogs—Exceptions— Penalties. (1) Notwithstanding the provisions of RCW 77.12.240, 77.36.020, 77.36.030, or any other provisions of law, it is unlawful to take, hunt, or attract black bear with the aid of bait. (a) Nothing in this subsection shall be construed to prohibit the killing of black bear with the aid of bait by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. (b) Nothing in this subsection shall be construed to prevent the establishment and operation of feeding stations for black bear in order to prevent damage to commercial timberland. (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of bait to attract black bear for scientific purposes. (d) As used in this subsection, "bait" means a substance placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area where one or more persons hunt or intend to hunt them. (2) Notwithstanding RCW 77.12.240, 77.36.020, 77.36.030, or any other provisions of law, it is unlawful to hunt or pursue black bear, cougar, bobcat, or lynx with the aid of a dog or dogs. (a) Nothing in this subsection shall be construed to prohibit the killing of black bear, cougar, bobcat, or lynx with the aid of a dog or dogs by employees or agents of county, state, or federal agencies while acting in their official capacities for the purpose of protecting livestock, domestic animals, private property, or the public safety. A dog or dogs may be used by the owner or tenant of real property consistent with a permit issued and conditioned by the director. (b) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum (2002 Ed.) 77.15.230 of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the pursuit, capture and relocation, of black bear, cougar, bobcat, or lynx for scientific purposes. (c) Nothing in this subsection shall be construed to prohibit the director from issuing a permit or memorandum of understanding to a public agency, university, or scientific or educational institution for the use of a dog or dogs for the killing of black bear, cougar, or bobcat, for the protection of a state and/or federally listed threatened or endangered species. (3) Notwithstanding subsection (2) of this section, the commission shall authorize the use of dogs only in selected areas within a game management unit to address a public safety need presented by one or more cougar. This authority may only be exercised after the commission has determined that no other practical alternative to the use of dogs exists, and after the commission has adopted rules describing the conditions in which dogs may be used. Conditions that may warrant the use of dogs within a game management unit include, but are not limited to, confirmed cougar/human safety incidents, confirmed cougar/livestock and cougar/pet depredations, and the number of cougar capture attempts and relocations. (4) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. In addition to appropriate criminal penalties, the department shall revoke the hunting license of a person who violates subsection (1) or (2) of this section and order the suspension of wildlife hunting privileges for a period of five years following the revocation. Following a subsequent violation of subsection (1) or (2) of this section by the same person, a hunting license shall not be issued to the person at any time. [2001 c 253 § 31. Prior: 2000 c 248 § 1; 2000 c 107 § 260; 1997 c 1 § 1 (Initiative Measure No. 655, approved November 5, 1996). Formerly RCW 77.16.360.] Effective date—2000 c 248: "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 [March 31, 2000]." [2000 c 248 § 2.] Severability—1997 c 1 (Initiative Measure No. 655): "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." [1997 c 1 § 2 (Initiative Measure No. 655, approved November 5, 1996).] 77.15.250 Unlawful release of fish, shellfish, or wildlife—Penalty—Unlawful release of deleterious exotic wildlife—Penalty. (1)(a) A person is guilty of unlawfully releasing, planting, or placing fish, shellfish, or wildlife if the person knowingly releases, plants, or places live fish, shellfish, wildlife, or aquatic plants within the state, and the fish, shellfish, or wildlife have not been classified as deleterious wildlife. This subsection does not apply to a release of game fish into private waters for which a game fish stocking permit has been obtained, or the planting of fish or shellfish by permit of the commission. (b) A violation of this subsection is a gross misdemeanor. In addition, the department shall order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, aquatic plants, or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to [Title 77 RCW—page 31] 77.15.250 Title 77 RCW: Fish and Wildlife recover costs of capturing, killing, controlling the fish, shellfish, aquatic plants, or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release. (2)(a) A person is guilty of unlawful release of deleterious exotic wildlife if the person knowingly releases, plants, or places live fish, shellfish, or wildlife within the state and such fish, shellfish, or wildlife has been classified as deleterious exotic wildlife by rule of the commission. (b) A violation of this subsection is a class C felony. In addition, the department shall also order the person to pay all costs the department incurred in capturing, killing, or controlling the fish, shellfish, or wildlife released or its progeny. This does not affect the existing authority of the department to bring a separate civil action to recover costs of capturing, killing, controlling the fish, shellfish, or wildlife released or their progeny, or restoration of habitat necessitated by the unlawful release. [2001 c 253 § 32; 1998 c 190 § 31.] 77.15.253 Unlawful use of prohibited aquatic animal species—Penalty. (1) A person is guilty of unlawful use of a prohibited aquatic animal species if he or she possesses, imports, purchases, sells, propagates, transports, or releases a prohibited aquatic animal species within the state, except as provided in this section. (2) Unless otherwise prohibited by law, a person may: (a) Transport prohibited aquatic animal species to the department, or to another destination designated by the director, in a manner designated by the director, for purposes of identifying a species or reporting the presence of a species; (b) Possess a prohibited aquatic animal species if he or she is in the process of removing it from watercraft or equipment in a manner specified by the department; (c) Release a prohibited aquatic animal species if the species was caught while fishing and it is being immediately returned to the water from which it came; or (d) Possess, transport, or release a prohibited aquatic animal species as the commission may otherwise prescribe. (3) Unlawful use of a prohibited aquatic animal species is a gross misdemeanor. A subsequent violation of subsection (1) of this section within five years is a class C felony. (4) A person is guilty of unlawful release of a regulated aquatic animal species if he or she releases a regulated aquatic animal species into state waters, unless allowed by the commission. (5) Unlawful release of a regulated aquatic animal species is a gross misdemeanor. (6) A person is guilty of unlawful release of an unlisted aquatic animal species if he or she releases an unlisted aquatic animal species into state waters without requesting a commission designation under RCW 77.12.020. (7) Unlawful release of an unlisted aquatic animal species is a gross misdemeanor. (8) This section does not apply to the transportation or release of organisms in ballast water. [2002 c 281 § 4.] Purpose—2002 c 281: See note following RCW 77.08.010. 77.15.260 Unlawful trafficking in fish, shellfish, or wildlife—Penalty. (1) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the second degree [Title 77 RCW—page 32] if the person traffics in fish, shellfish, or wildlife with a wholesale value of less than two hundred fifty dollars and: (a) The fish or wildlife is classified as game, food fish, shellfish, game fish, or protected wildlife and the trafficking is not authorized by statute or rule of the department; or (b) The fish, shellfish, or wildlife is unclassified and the trafficking violates any rule of the department. (2) A person is guilty of unlawful trafficking in fish, shellfish, or wildlife in the first degree if the person commits the act described by subsection (1) of this section and: (a) The fish, shellfish, or wildlife has a value of two hundred fifty dollars or more; or (b) The fish, shellfish, or wildlife is designated as an endangered species or deleterious exotic wildlife and such trafficking is not authorized by any statute or rule of the department. (3)(a) Unlawful trafficking in fish, shellfish, or wildlife in the second degree is a gross misdemeanor. (b) Unlawful trafficking in fish, shellfish, or wildlife in the first degree is a class C felony. [2001 c 253 § 33; 1998 c 190 § 42.] 77.15.270 Providing false information—Penalty. (1) A person is guilty of providing false information regarding fish, shellfish, or wildlife if the person knowingly provides false or misleading information required by any statute or rule to be provided to the department regarding the taking, delivery, possession, transportation, sale, transfer, or any other use of fish, shellfish, or wildlife. (2) Providing false information regarding fish, shellfish, or wildlife is a gross misdemeanor. [2001 c 253 § 34; 1998 c 190 § 46.] 77.15.280 Reporting of fish or wildlife harvest— Rules violation—Penalty. (1) A person is guilty of violating rules requiring reporting of fish or wildlife harvest if the person: (a) Fails to make a harvest log report of a commercial fish or shellfish catch in violation of any rule of the commission or the director; (b) Fails to maintain a trapper’s report or taxidermist ledger in violation of any rule of the commission or the director; (c) Fails to submit any portion of a big game animal for a required inspection required by rule of the commission or the director; or (d) Fails to return a catch record card or wildlife harvest report to the department as required by rule of the commission or director. (2) Violating rules requiring reporting of fish or wildlife harvest is a misdemeanor. [1998 c 190 § 47.] 77.15.290 Unlawful transportation of fish or wildlife—Unlawful transport of aquatic plants—Penalty. (1) A person is guilty of unlawful transportation of fish or wildlife in the second degree if the person: (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish, shellfish, or wildlife and the transportation does not involve big game, endangered fish or wildlife, (2002 Ed.) Fish and Wildlife Enforcement Code deleterious exotic wildlife, or fish, shellfish, or wildlife having a value greater than two hundred fifty dollars; or (b) Possesses but fails to affix or notch a big game transport tag as required by rule of the commission or director. (2) A person is guilty of unlawful transportation of fish or wildlife in the first degree if the person: (a) Knowingly imports, moves within the state, or exports fish, shellfish, or wildlife in violation of any rule of the commission or the director governing the transportation or movement of fish, shellfish, or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife with a value of two hundred fifty dollars or more; or (b) Knowingly transports shellfish, shellstock, or equipment used in commercial culturing, taking, handling, or processing shellfish without a permit required by authority of this title. (3)(a) Unlawful transportation of fish or wildlife in the second degree is a misdemeanor. (b) Unlawful transportation of fish or wildlife in the first degree is a gross misdemeanor. (4) A person is guilty of unlawful transport of aquatic plants if the person transports aquatic plants on any state or public road, including forest roads, except as provided in this section. (5) Unless otherwise prohibited by law, a person may transport aquatic plants: (a) To the department, or to another destination designated by the director, in a manner designated by the department, for purposes of identifying a species or reporting the presence of a species; (b) When legally obtained for aquarium use, wetland or lakeshore restoration, or ornamental purposes; (c) When transporting a commercial aquatic plant harvester to a suitable location for purposes of removing aquatic plants; (d) In a manner that prevents their unintentional dispersal, to a suitable location for disposal, research, or educational purposes; or (e) As the commission may otherwise prescribe. (6) Unlawful transport of aquatic plants is a misdemeanor. [2002 c 281 § 7; 2001 c 253 § 35; 1998 c 190 § 48.] Purpose—2002 c 281: See note following RCW 77.08.010. 77.15.300 Unlawful hydraulic project activities— Penalty. (1) A person is guilty of unlawfully undertaking hydraulic project activities if the person constructs any form of hydraulic project or performs other work on a hydraulic project and: (a) Fails to have a hydraulic project approval required under chapter 77.55 RCW for such construction or work; or (b) Violates any requirements or conditions of the hydraulic project approval for such construction or work. (2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor. [2000 c 107 § 239; 1998 c 190 § 52.] 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 (2002 Ed.) 77.15.290 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 *77.16.220; 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. [2000 c 107 § 240; 1998 c 190 § 53.] *Reviser’s note: RCW 77.16.220 was recodified as RCW 77.55.320 pursuant to 2001 c 253 § 61. 77.15.320 Unlawful failure to provide, maintain, or operate fishway for dam or other obstruction—Penalty. (1) A person is guilty of unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction if the person owns, operates, or controls a dam or other obstruction to fish passage on a river or stream and: (a) The dam or obstruction is not provided with a durable and efficient fishway approved by the director as required by RCW 77.55.060; (b) Fails to maintain a fishway in efficient operating condition; or (c) Fails to continuously supply a fishway with a sufficient supply of water to allow the free passage of fish. (2) Unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day of unlawful failure to provide, maintain, or operate a fishway is a separate offense. [2000 c 107 § 241; 1998 c 190 § 54.] 77.15.330 Unlawful hunting or fishing contests— Penalty. (1) A person is guilty of unlawfully holding a hunting or fishing contest if the person: (a) Conducts, holds, or sponsors a hunting contest, a fishing contest involving game fish, or a competitive field trial using live wildlife without the permit required by RCW 77.65.480; or (b) Violates any rule of the commission or the director applicable to a hunting contest, fishing contest involving game fish, or a competitive field trial using live wildlife. (2) Unlawfully holding a hunting or fishing contest is a misdemeanor. [2001 c 253 § 36; 1998 c 190 § 56.] 77.15.340 Unlawful operation of a game farm— Penalty. (1) A person is guilty of unlawful operation of a game farm if the person (a) operates a game farm without the license required by RCW 77.65.480; or (b) violates any rule of the commission or the director applicable to game farms under RCW 77.12.570, 77.12.580, and 77.12.590. (2) Unlawful operation of a game farm is a gross misdemeanor. [2001 c 253 § 37; 1998 c 190 § 57.] [Title 77 RCW—page 33] 77.15.350 Title 77 RCW: Fish and Wildlife 77.15.350 Inspection and disease control of aquatic farms—Rules violation—Penalty. (1) A person is guilty of violating a rule regarding inspection and disease control of aquatic farms if the person: (a) Violates any rule adopted under chapter 77.115 RCW regarding the inspection and disease control program for an aquatic farm; or (b) Fails to register or report production from an aquatic farm as required by chapter 77.115 RCW. (2) A violation of a rule regarding inspection and disease control of aquatic farms is a misdemeanor. [2000 c 107 § 242; 1998 c 190 § 58.] 77.15.360 Unlawful interfering in department operations—Penalty. (1) A person is guilty of unlawful interfering in department operations if the person prevents department employees from carrying out duties authorized by this title, including but not limited to interfering in the operation of department vehicles, vessels, or aircraft. (2) Unlawful interfering in department operations is a gross misdemeanor. [2000 c 107 § 243; 1998 c 190 § 61.] 77.15.370 Unlawful recreational fishing in the first degree—Penalty. (1) A person is guilty of unlawful recreational fishing in the first degree if: (a) The person takes, possesses, or retains two times or more than the bag limit or possession limit of fish or shellfish allowed by any rule of the director or commission setting the amount of food fish, game fish, or shellfish that can be taken, possessed, or retained for noncommercial use; (b) The person fishes in a fishway; or (c) The person shoots, gaffs, snags, snares, spears, dipnets, or stones fish or shellfish in state waters, or possesses fish or shellfish taken by such means, unless such means are authorized by express rule of the commission or director. (2) Unlawful recreational fishing in the first degree is a gross misdemeanor. [2001 c 253 § 38; 1998 c 190 § 19.] 77.15.380 Unlawful recreational fishing in the second degree—Penalty. (1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for, takes, possesses, or harvests fish or shellfish and: (a) The person does not have and possess the license or the catch record card required by chapter 77.32 RCW for such activity; or (b) The action violates any rule of the commission or the director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish, except for use of a net to take fish as provided for in RCW 77.15.580. (2) Unlawful recreational fishing in the second degree is a misdemeanor. [2001 c 253 § 39; 2000 c 107 § 244; 1998 c 190 § 18.] 77.15.390 Seaweed—Unlawful taking—Penalty. (1) A person is guilty of unlawful taking of seaweed if the person takes, possesses, or harvests seaweed and: (a) The person does not have and possess the license required by chapter 77.32 RCW for taking seaweed; or [Title 77 RCW—page 34] (b) The action violates any rule of the department or the department of natural resources regarding seasons, possession limits, closed areas, closed times, or any other rule addressing the manner or method of taking, possessing, or harvesting of seaweed. (2) Unlawful taking of seaweed is a misdemeanor. This does not affect rights of the state to recover civilly for trespass, conversion, or theft of state-owned valuable materials. [2001 c 253 § 40; 2000 c 107 § 245; 1998 c 190 § 20.] 77.15.400 Unlawful hunting of wild birds—Penalty. (1) A person is guilty of unlawful hunting of wild birds in the second degree if the person: (a) Hunts for, takes, or possesses a wild bird and the person does not have and possess all licenses, tags, stamps, and permits required under this title; (b) Maliciously destroys, takes, or harms the eggs or nests of a wild bird except when authorized by permit; (c) Violates any rule of the commission or director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or other rule addressing the manner or method of hunting or possession of wild birds; or (d) Possesses a wild bird taken during a closed season for that wild bird or taken from a closed area for that wild bird. (2) A person is guilty of unlawful hunting of wild birds in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild birds allowed by rule of the commission or director. (3)(a) Unlawful hunting of wild birds in the second degree is a misdemeanor. (b) Unlawful hunting of wild birds in the first degree is a gross misdemeanor. [2001 c 253 § 41; 1999 c 258 § 2; 1998 c 190 § 9.] 77.15.410 Unlawful hunting of big game—Penalty. (1) A person is guilty of unlawful hunting of big game in the second degree if the person: (a) Hunts for, takes, or possesses big game and the person does not have and possess all licenses, tags, or permits required under this title; (b) Violates any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, closed times, or any other rule governing the hunting, taking, or possession of big game; or (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game. (2) A person is guilty of unlawful hunting of big game in the first degree if the person was previously convicted of any crime under this title involving unlawful hunting, killing, possessing, or taking big game, and within five years of the date that the prior conviction was entered the person: (a) Hunts for big game and does not have and possess all licenses, tags, or permits required under this title; (b) Acts in violation of any rule of the commission or director regarding seasons, bag or possession limits, closed areas including game reserves, or closed times; or (c) Possesses big game taken during a closed season for that big game or taken from a closed area for that big game. (2002 Ed.) Fish and Wildlife Enforcement Code (3)(a) Unlawful hunting of big game in the second degree is a gross misdemeanor. (b) Unlawful hunting of big game in the first degree is a class C felony. Upon conviction, the department shall revoke all licenses or tags involved in the crime and the department shall order the person’s hunting privileges suspended for two years. [1999 c 258 § 3; 1998 c 190 § 10.] 77.15.420 Illegally taken or possessed wildlife— Criminal wildlife penalty assessed. (1) If a person is convicted of violating RCW 77.15.410 and that violation results in the death of wildlife listed in this section, the court shall require payment of the following amounts for each animal killed or possessed. This shall be a criminal wildlife penalty assessment that shall be paid to the clerk of the court and distributed each month to the state treasurer for deposit in the public safety and education account. (a) Moose, mountain sheep, mountain goat, and all wildlife species classified as endangered by rule of the commission, except for mountain caribou and grizzly bear as listed under (d) of this subsection . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,000 (b) Elk, deer, black bear, and cougar . . . . . . $ 2,000 (c) Trophy animal elk and deer . . . . . . . . . . $ 6,000 (d) Mountain caribou, grizzly bear, and trophy animal mountain sheep . . . . . . . . . . . . . . . $12,000 (2) No forfeiture of bail may be less than the amount of the bail established for hunting during closed season plus the amount of the criminal wildlife penalty assessment in subsection (1) of this section. (3) For the purpose of this section a "trophy animal" is: (a) A buck deer with four or more antler points on both sides, not including eyeguards; (b) A bull elk with five or more antler points on both sides, not including eyeguards; or (c) A mountain sheep with a horn curl of three-quarter curl or greater. For purposes of this subsection, "eyeguard" means an antler protrusion on the main beam of the antler closest to the eye of the animal. (4) If two or more persons are convicted of illegally possessing wildlife in subsection (1) of this section, the criminal wildlife penalty assessment shall be imposed on them jointly and separately. (5) The criminal wildlife penalty assessment shall be imposed regardless of and in addition to any sentence, fines, or costs otherwise provided for violating any provision of this title. The criminal wildlife penalty assessment shall be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect. This section may not be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil. (6) A defaulted criminal wildlife penalty assessment may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including but not limited to vacation of a deferral of sentencing or vacation of a suspension of sentence. (7) A person assessed a criminal wildlife penalty assessment under this section shall have his or her hunting (2002 Ed.) 77.15.410 license revoked and all hunting privileges suspended until the penalty assessment is paid through the registry of the court in which the penalty assessment was assessed. [1998 c 190 § 62.] 77.15.430 Unlawful hunting of wild animals— Penalty. (1) A person is guilty of unlawful hunting of wild animals in the second degree if the person: (a) Hunts for, takes, or possesses a wild animal that is not classified as big game, and does not have and possess all licenses, tags, or permits required by this title; (b) Violates any rule of the commission or director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas including game reserves, closed times, or other rule addressing the manner or method of hunting or possession of wild animals not classified as big game; or (c) Possesses a wild animal that is not classified as big game taken during a closed season for that wild animal or from a closed area for that wild animal. (2) A person is guilty of unlawful hunting of wild animals in the first degree if the person takes or possesses two times or more than the possession or bag limit for wild animals that are not classified as big game animals as allowed by rule of the commission or director. (3)(a) Unlawful hunting of wild animals in the second degree is a misdemeanor. (b) Unlawful hunting of wild animals in the first degree is a gross misdemeanor. [1999 c 258 § 4; 1998 c 190 § 11.] 77.15.440 Weapons, traps, or dogs on game reserves—Unlawful use—Penalty. (1) A person is guilty of unlawful use of weapons, traps, or dogs on game reserves if: (a) The person uses firearms, other hunting weapons, or traps on a game reserve; or (b) The person negligently allows a dog upon a game reserve. (2) This section does not apply to persons on a public highway or if the conduct is authorized by rule of the department. (3) This section does not apply to a person in possession of a handgun if the person in control of the handgun possesses a valid concealed pistol license and the handgun is concealed on the person. (4) Unlawful use of weapons, traps, or dogs on game reserves is a misdemeanor. [1998 c 190 § 12.] 77.15.450 Spotlighting big game—Penalty. (1) A person is guilty of spotlighting big game in the second degree if the person hunts big game with the aid of a spotlight or other artificial light while in possession or control of a firearm, bow and arrow, or cross bow. (2) A person is guilty of spotlighting big game in the first degree if: (a) The person has any prior conviction for gross misdemeanor or felony for a crime under this title involving big game including but not limited to subsection (1) of this section or RCW 77.15.410; and (b) Within ten years of the date that such prior conviction was entered the person commits the act described by subsection (1) of this section. [Title 77 RCW—page 35] 77.15.450 Title 77 RCW: Fish and Wildlife (3)(a) Spotlighting big game in the second degree is a gross misdemeanor. (b) Spotlighting big game in the first degree is a class C felony. Upon conviction, the department shall order suspension of all privileges to hunt wildlife for a period of two years. [1998 c 190 § 27.] 77.15.460 Loaded firearm in vehicle—Unlawful use or possession—Penalty. (1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if: (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in or on a motor vehicle; and (b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed. (2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway. (3) Unlawful possession of a loaded firearm in a motor vehicle or unlawful use of a loaded firearm is a misdemeanor. (4) This section does not apply if the person: (a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer’s respective jurisdiction; (b) Possesses a disabled hunter’s permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities. (5) For purposes of this section, a firearm shall not be considered loaded if the detachable clip or magazine is not inserted in or attached to the firearm. [1999 c 258 § 7; 1998 c 190 § 28.] 77.15.470 Wildlife check stations or field inspections—Unlawful avoidance—Penalty. (1) A person is guilty of unlawfully avoiding wildlife check stations or field inspections if the person fails to: (a) Obey check station signs; (b) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer; or (c) Produce for inspection upon request by a fish and wildlife officer: (i) Hunting or fishing equipment; (ii) seaweed, fish, shellfish, or wildlife; or (iii) licenses, permits, tags, stamps, or catch record cards required by this title. (2) Unlawfully avoiding wildlife check stations or field inspections is a gross misdemeanor. (3) Wildlife check stations may not be established upon interstate highways or state routes. [2000 c 107 § 246; 1998 c 190 § 29.] 77.15.480 Certain devices declared public nuisances. Articles or devices unlawfully used, possessed, or maintained for catching, taking, killing, attracting, or decoying wildlife, fish, and shellfish are public nuisances. If necessary, fish and wildlife officers and ex officio fish and wildlife officers may seize, abate, or destroy these public nuisances without warrant or process. [2001 c 253 § 42; 2000 c 107 § 247; 1980 c 78 § 27; 1955 c 36 § 77.12.130. Prior: 1947 c 275 § 23; Rem. Supp. 1947 § 5992-33. Formerly RCW 77.12.130.] [Title 77 RCW—page 36] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.15.500 Commercial fishing without a license— Penalty. (1) A person is guilty of commercial fishing without a license in the second degree if the person fishes for, takes, or delivers food fish, shellfish, or game fish while acting for commercial purposes and: (a) The person does not hold a fishery license or delivery license under chapter 77.65 RCW for the food fish or shellfish; or (b) The person is not a licensed operator designated as an alternate operator on a fishery or delivery license under chapter 77.65 RCW for the food fish or shellfish. (2) A person is guilty of commercial fishing without a license in the first degree if the person commits the act described by subsection (1) of this section and: (a) The violation involves taking, delivery, or possession of food fish or shellfish with a value of two hundred fifty dollars or more; or (b) The violation involves taking, delivery, or possession of food fish or shellfish from an area that was closed to the taking of such food fish or shellfish by any statute or rule. (3)(a) Commercial fishing without a license in the second degree is a gross misdemeanor. (b) Commercial fishing without a license in the first degree is a class C felony. [2000 c 107 § 248; 1998 c 190 § 35.] 77.15.510 Commercial fish guiding or chartering without a license—Penalty. (1) A person is guilty of commercial fish guiding or chartering without a license if: (a) The person operates a charter boat and does not hold the charter boat license required for the food fish taken; (b) The person acts as a professional salmon guide and does not hold a professional salmon guide license; or (c) The person acts as a game fish guide and does not hold a game fish guide license. (2) Commercial fish guiding or chartering without a license is a gross misdemeanor. [2001 c 253 § 43; 1998 c 190 § 36.] 77.15.520 Commercial fishing—Unlawful gear or methods—Penalty. (1) A person is guilty of commercial fishing using unlawful gear or methods if the person acts for commercial purposes and takes or fishes for any fish or shellfish using any gear or method in violation of a rule of the department specifying, regulating, or limiting the gear or method for taking, fishing, or harvesting of such fish or shellfish. (2) Commercial fishing using unlawful gear or methods is a gross misdemeanor. [1998 c 190 § 37.] 77.15.530 Unlawful use of a nondesignated vessel— Penalty. (1) A person who holds a fishery license required by chapter 77.65 RCW, or who holds an operator’s license and is designated as an alternate operator on a fishery license required by chapter 77.65 RCW, is guilty of unlawful use of a nondesignated vessel if the person takes, fishes for, or delivers from that fishery using a vessel not designated on (2002 Ed.) Fish and Wildlife Enforcement Code the person’s license, when vessel designation is required by chapter 77.65 RCW. (2) Unlawful use of a nondesignated vessel is a gross misdemeanor. (3) A nondesignated vessel may be used, subject to appropriate notification to the department and in accordance with rules established by the commission, when a designated vessel is inoperative because of accidental damage or mechanical breakdown. (4) If the person commits the act described by subsection (1) of this section and the vessel designated on the person’s fishery license was used by any person in the fishery on the same day, then the violation for using a nondesignated vessel is a class C felony. Upon conviction the department shall order revocation and suspension of all commercial fishing privileges under chapter 77.65 RCW for a period of one year. [2000 c 107 § 249; 1998 c 190 § 38.] 77.15.540 Unlawful use of a commercial fishery license—Penalty. (1) A person who holds a fishery license required by chapter 77.65 RCW, or who holds an operator’s license and is designated as an alternate operator on a fishery license required by chapter 77.65 RCW, is guilty of unlawful use of a commercial fishery license if the person: (a) Does not have the commercial fishery license or operator’s license in possession during fishing or delivery; or (b) Violates any rule of the department regarding the use, possession, display, or presentation of the person’s license, decals, or vessel numbers. (2) Unlawful use of a commercial fishery license is a misdemeanor. [2000 c 107 § 250; 1998 c 190 § 39.] 77.15.530 report a commercial fish or shellfish harvest or delivery if the person acts for commercial purposes and takes or delivers any fish or shellfish, and the person: (a) Fails to sign a fish-receiving ticket that documents the delivery of fish or shellfish or otherwise documents the taking or delivery; or (b) Fails to report or document the taking, landing, or delivery as required by any rule of the department. (2) Failing to report a commercial fish harvest or delivery is a gross misdemeanor. (3) For purposes of this section, "delivery" of fish or shellfish occurs when there is a transfer or conveyance of title or control from the person who took, fished for, or otherwise harvested the fish or shellfish. [1998 c 190 § 41.] 77.15.565 Wholesale fish dealers—Accounting of commercial harvest—Penalties. Since violation of the rules of the department relating to the accounting of the commercial harvest of food fish and shellfish result in damage to the resources of the state, liability for damage to food fish and shellfish resources is imposed on a wholesale fish dealer or the holder of a direct retail endorsement for violation of a provision in chapter 77.65 RCW or a rule of the department related to the accounting of the commercial harvest of food fish and shellfish and shall be for the actual damages or for damages imposed as follows: (1) For violation of rules requiring the timely presentation to the department of documents relating to the accounting of commercial harvest, fifty dollars for each of the first fifteen documents in a series and ten dollars for each subsequent document in the same series. If documents relating to the accounting of commercial harvest of food fish and shellfish are lost or destroyed and the wholesale dealer or holder of a direct retail endorsement notifies the department in writing within seven days of the loss or destruction, the director shall waive the requirement for timely presentation of the documents. (2) For violation of rules requiring accurate and legible information relating to species, value, harvest area, or amount of harvest, twenty-five dollars for each of the first five violations of this subsection following July 28, 1985, and fifty dollars for each violation after the first five violations. (3) For violations of rules requiring certain signatures, fifty dollars for each of the first two violations and one hundred dollars for each subsequent violation. For the purposes of this subsection, each signature is a separate requirement. (4) For other violations of rules relating to the accounting of the commercial harvest, fifty dollars for each separate violation. [2002 c 301 § 6; 2000 c 107 § 12; 1996 c 267 § 14; 1985 c 248 § 5. Formerly RCW 75.10.150.] 77.15.550 Violation of commercial fishing area or time—Penalty. (1) A person is guilty of violating commercial fishing area or time in the second degree if the person acts for commercial purposes and takes, fishes for, possesses, delivers, or receives fish or shellfish: (a) At a time not authorized by statute or rule; (b) From an area that was closed to the taking of such fish or shellfish for commercial purposes by statute or rule; or (c) If such fish or shellfish do not conform to the special restrictions or physical descriptions established by rule of the department. (2) A person is guilty of violating commercial fishing area or time in the first degree if the person commits the act described by subsection (1) of this section and: (a) The person acted with knowledge that the area or time was not open to the taking or fishing of fish or shellfish for commercial purposes; and (b) The violation involved two hundred fifty dollars or more worth of fish or shellfish. (3)(a) Violating commercial fishing area or time in the second degree is a gross misdemeanor. (b) Violating commercial fishing area or time in the first degree is a class C felony. [2001 c 253 § 44; 1999 c 258 § 10; 1998 c 190 § 40.] Finding—Effective date—2002 c 301: See notes following RCW 77.65.510. Intent—Effective date—1996 c 267: See notes following RCW 77.12.177. Wholesale fish dealers—Documentation of commercial harvest: RCW 77.65.310. 77.15.560 Commercial fish, shellfish harvest or delivery—Failure to report—Penalty. (1) Except as provided in RCW 77.15.640, a person is guilty of failing to 77.15.570 Participation of non-Indians in Indian fishery forbidden—Exceptions, definitions, penalty. (1) Except as provided in subsection (3) of this section, it is (2002 Ed.) [Title 77 RCW—page 37] 77.15.570 Title 77 RCW: Fish and Wildlife unlawful for a person who is not a treaty Indian fisherman to participate in the taking of fish or shellfish in a treaty Indian fishery, or to be on board a vessel, or associated equipment, operating in a treaty Indian fishery. A violation of this subsection is a gross misdemeanor. (2) A person who violates subsection (1) of this section with the intent of acting for commercial purposes, including any sale of catch, control of catch, profit from catch, or payment for fishing assistance, is guilty of a class C felony. Upon conviction, the department shall order revocation of any license and a one-year suspension of all commercial fishing privileges requiring a license under chapter 77.65 or 77.70 RCW. (3)(a) The spouse, forebears, siblings, children, and grandchildren of a treaty Indian fisherman may assist the fisherman in exercising treaty Indian fishing rights when the treaty Indian fisherman is present at the fishing site. (b) Other treaty Indian fishermen with off-reservation treaty fishing rights in the same usual and accustomed places, whether or not the fishermen are members of the same tribe or another treaty tribe, may assist a treaty Indian fisherman in exercising treaty Indian fishing rights when the treaty Indian fisherman is present at the fishing site. (c) Biologists approved by the department may be on board a vessel operating in a treaty Indian fishery. (4) For the purposes of this section: (a) "Treaty Indian fisherman" means a person who may exercise treaty Indian fishing rights as determined under United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), or Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon 1969), and post-trial orders of those courts; (b) "Treaty Indian fishery" means a fishery open to only treaty Indian fishermen by tribal or federal regulation; (c) "To participate" and its derivatives mean an effort to operate a vessel or fishing equipment, provide immediate supervision in the operation of a vessel or fishing equipment, or otherwise assist in the fishing operation, to claim possession of a share of the catch, or to represent that the catch was lawfully taken in an Indian fishery. (5) A violation of this section constitutes illegal fishing and is subject to the suspensions provided for commercial fishing violations. [2000 c 107 § 251; 1998 c 190 § 49; 1983 1st ex.s. c 46 § 63; 1982 c 197 § 1. Formerly RCW 75.12.320.] 77.15.580 Unlawful use of net to take fish—Penalty. (1) A person is guilty of unlawful use of a net to take fish in the second degree if the person: (a) Lays, sets, uses, or controls a net or other device or equipment capable of taking fish from the waters of this state, except if the person has a valid license for such fishing gear from the director under this title and is acting in accordance with all rules of the commission and director; or (b) Fails to return unauthorized fish to the water immediately while otherwise lawfully operating a net under a valid license. (2) A person is guilty of unlawful use of a net to take fish in the first degree if the person: (a) Commits the act described by subsection (1) of this section; and [Title 77 RCW—page 38] (b) The violation occurs within five years of entry of a prior conviction for a gross misdemeanor or felony under this title involving fish, other than a recreational fishing violation, or involving unlawful use of nets. (3)(a) Unlawful use of a net to take fish in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any license held under this title allowing commercial net fishing used in connection with the crime. (b) Unlawful use of a net to take fish in the first degree is a class C felony. Upon conviction, the department shall order a one-year suspension of all commercial fishing privileges requiring a license under this title. (4) Notwithstanding subsections (1) and (2) of this section, it is lawful to use a landing net to land fish otherwise legally hooked. [2000 c 107 § 252; 1998 c 190 § 50.] 77.15.590 Commercial fishing vessel—Unlawful use for recreational or charter fishing—Penalty. (1) A person is guilty of unlawful use of a commercial fishing vessel, except as may be authorized by rule of the commission, for recreational or charter fishing if the person uses, operates, or controls a vessel on the same day for both: (a) Charter or recreational fishing; and (b) Commercial fishing or shellfish harvesting. (2) Unlawful use of a commercial fishing vessel for recreational or charter fishing is a gross misdemeanor. [1998 c 190 § 51.] 77.15.600 Engaging in commercial wildlife activity without a license—Penalty. (1) A person is guilty of engaging in commercial wildlife activity without a license if the person: (a) Deals in raw furs for commercial purposes and does not hold a fur dealer license required by chapter 77.65 RCW; or (b) Practices taxidermy for commercial purposes and does not hold a taxidermy license required by chapter 77.65 RCW. (2) Engaging in commercial wildlife activities without a license is a gross misdemeanor. [2001 c 253 § 45; 1999 c 258 § 8; 1998 c 190 § 32.] 77.15.610 Unlawful use of a commercial wildlife license—Penalty. (1) A person who holds a fur buyer’s license or taxidermy license is guilty of unlawful use of a commercial wildlife license if the person: (a) Fails to have the license in possession while engaged in fur buying or practicing taxidermy for commercial purposes; or (b) Violates any rule of the department regarding the use, possession, display, or presentation of the taxidermy or fur buyer’s license. (2) Unlawful use of a commercial wildlife license is a misdemeanor. [1998 c 190 § 33.] 77.15.620 Engaging in fish dealing activity— Unlicensed—Penalty. (1) A person is guilty of engaging in fish dealing activity without a license in the second degree if the person: (2002 Ed.) Fish and Wildlife Enforcement Code (a) Engages in the commercial processing of fish or shellfish, including custom canning or processing of personal use fish or shellfish and does not hold a wholesale dealer’s license required by RCW 77.65.280(1) or 77.65.480 for anadromous game fish, or a direct retail endorsement under RCW 77.65.510; (b) Engages in the wholesale selling, buying, or brokering of food fish or shellfish and does not hold a wholesale dealer’s or buying license required by RCW 77.65.280(2) or 77.65.480 for anadromous game fish; (c) Is a fisher who lands and sells his or her catch or harvest in the state to anyone other than a licensed wholesale dealer within or outside the state and does not hold a direct retail endorsement required by RCW 77.65.510; or (d) Engages in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish and does not hold a wholesale dealer’s license required by RCW 77.65.280(4) or 77.65.480 for anadromous game fish. (2) Engaging in fish dealing activity without a license in the second degree is a gross misdemeanor. (3) A person is guilty of engaging in fish dealing activity without a license in the first degree if the person commits the act described by subsection (1) of this section and the violation involves fish or shellfish worth two hundred fifty dollars or more. Engaging in fish dealing activity without a license in the first degree is a class C felony. [2002 c 301 § 7; 2000 c 107 § 253; 1998 c 190 § 43.] Finding—Effective date—2002 c 301: See notes following RCW 77.65.510. 77.15.630 Fish buying and dealing licenses— Unlawful use—Penalty. (1) A person who holds a fish dealer’s license required by RCW 77.65.280, an anadromous game fish buyer’s license required by RCW 77.65.480, or a fish buyer’s license required by RCW 77.65.340 is guilty of unlawful use of fish buying and dealing licenses in the second degree if the person: (a) Possesses or receives fish or shellfish for commercial purposes worth less than two hundred fifty dollars; and (b) Fails to document such fish or shellfish with a fishreceiving ticket required by statute or rule of the department. (2) A person is guilty of unlawful use of fish buying and dealing licenses in the first degree if the person commits the act described by subsection (1) of this section and: (a) The violation involves fish or shellfish worth two hundred fifty dollars or more; (b) The person acted with knowledge that the fish or shellfish were taken from a closed area, at a closed time, or by a person not licensed to take such fish or shellfish for commercial purposes; or (c) The person acted with knowledge that the fish or shellfish were taken in violation of any tribal law. (3)(a) Unlawful use of fish buying and dealing licenses in the second degree is a gross misdemeanor. (b) Unlawful use of fish buying and dealing licenses in the first degree is a class C felony. Upon conviction, the department shall suspend all privileges to engage in fish buying or dealing for two years. [2000 c 107 § 254; 1998 c 190 § 44.] (2002 Ed.) 77.15.620 77.15.640 Wholesale fish buying and dealing—Rules violations—Penalty. (1) A person who holds a wholesale fish dealer’s license required by RCW 77.65.280, an anadromous game fish buyer’s license required by RCW 77.65.480, a fish buyer’s license required by RCW 77.65.340, or a direct retail endorsement under RCW 77.65.510 is guilty of violating rules governing wholesale fish buying and dealing if the person: (a) Fails to possess or display his or her license when engaged in any act requiring the license; (b) Fails to display or uses the license in violation of any rule of the department; (c) Files a signed fish-receiving ticket but fails to provide all information required by rule of the department; or (d) Violates any other rule of the department regarding wholesale fish buying and dealing. (2) Violating rules governing wholesale fish buying and dealing is a gross misdemeanor. [2002 c 301 § 8; 2000 c 107 § 255; 1998 c 190 § 45.] Finding—Effective date—2002 c 301: See notes following RCW 77.65.510. 77.15.650 Unlawful purchase or use of a license— Penalty. (1) A person is guilty of unlawful purchase or use of a license in the second degree if the person buys, holds, uses, displays, transfers, or obtains any license, tag, permit, or approval required by this title and the person: (a) Uses false information to buy, hold, use, display, or obtain a license, permit, tag, or approval; (b) Acquires, holds, or buys in excess of one license, permit, or tag for a license year if only one license, permit, or tag is allowed per license year; (c) Uses or displays a license, permit, tag, or approval that was issued to another person; (d) Permits or allows a license, permit, tag, or approval to be used or displayed by another person not named on the license, permit, tag, or approval; (e) Acquires or holds a license while privileges for the license are revoked or suspended. (2) A person is guilty of unlawful purchase or use of a license in the first degree if the person commits the act described by subsection (1) of this section and the person was acting with intent that the license, permit, tag, or approval be used for any commercial purpose. A person is presumed to be acting with such intent if the violation involved obtaining, holding, displaying, or using a license or permit for participation in any commercial fishery issued under this title or a license authorizing fish or wildlife buying, trafficking, or wholesaling. (3)(a) Unlawful purchase or use of a license in the second degree is a gross misdemeanor. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a two-year suspension of participation in the activities for which the person unlawfully obtained, held, or used a license. (b) Unlawful purchase or use of a license in the first degree is a class C felony. Upon conviction, the department shall revoke any unlawfully used or held licenses and order a five-year suspension of participation in any activities for [Title 77 RCW—page 39] 77.15.650 Title 77 RCW: Fish and Wildlife which the person unlawfully obtained, held, or used a license. (4) For purposes of this section, a person "uses" a license, permit, tag, or approval if the person engages in any activity authorized by the license, permit, tag, or approval held or possessed by the person. Such uses include but are not limited to fishing, hunting, taking, trapping, delivery or landing fish or wildlife, and selling, buying, or wholesaling of fish or wildlife. (5) Any license obtained in violation of this section is void upon issuance and is of no legal effect. [2000 c 107 § 256; 1998 c 190 § 59.] 77.15.660 Unlawful use of scientific permit— Penalty. (1) A person is guilty of unlawful use of a scientific permit if the person: (a) Violates any terms or conditions of a scientific permit issued by the director; (b) Buys or sells fish or wildlife taken with a scientific permit; or (c) Violates any rule of the commission or the director applicable to the issuance or use of scientific permits. (2) Unlawful use of a scientific permit is a gross misdemeanor. [1998 c 190 § 55.] 77.15.670 Suspension of department privileges— Violation—Penalty. (1) A person is guilty of violating a suspension of department privileges in the second degree if the person engages in any activity that is licensed by the department and the person’s privileges to engage in that activity were revoked or suspended by any court or the department. (2) A person is guilty of violating a suspension of department privileges in the first degree if the person commits the act described by subsection (1) of this section and: (a) The suspension of privileges that was violated was a permanent suspension; (b) The person takes or possesses more than two hundred fifty dollars’ worth of unlawfully taken food fish, wildlife, game fish, seaweed, or shellfish; or (c) The violation involves the hunting, taking, or possession of fish or wildlife classified as endangered or threatened or big game. (3)(a) Violating a suspension of department privileges in the second degree is a gross misdemeanor. Upon conviction, the department shall order permanent suspension of the person’s privileges to engage in such hunting or fishing activities. (b) Violating a suspension of department privileges in the first degree is a class C felony. Upon conviction, the department shall order permanent suspension of all privileges to hunt, fish, trap, or take wildlife, food fish, or shellfish. (4) As used in this section, hunting includes trapping with a trapping license. [1999 c 258 § 11; 1998 c 190 § 60.] 77.15.675 Hunting while intoxicated—Penalty. (1) A person is guilty of hunting while under the influence of intoxicating liquor or drugs if the person hunts wild animals [Title 77 RCW—page 40] or wild birds while under the influence of intoxicating liquor or drugs. (2) Hunting while under the influence of intoxicating liquor or drugs is a gross misdemeanor. [1999 c 258 § 12; 1980 c 78 § 75; 1955 c 36 § 77.16.070. Prior: 1947 c 275 § 45a; Rem. Supp. 1947 § 5992-55. Formerly RCW 77.16.070.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.15.680 Department authority to suspend privileges—Form and procedure. (1) If any crime in this chapter is punishable by a suspension of privileges, then the department shall issue an order that specifies the privileges suspended and period when such suspension shall begin and end. The department has no authority to issue licenses, permits, tags, or stamps for the suspended activity until the suspension ends and any license, tag, stamp, or other permission obtained in violation of an order of suspension is void and ineffective. (2) A court sentence may include a suspension of privileges only if grounds are provided by statute. There is no right to seek reinstatement of privileges from the department during a period of court-ordered suspension. (3) If this chapter makes revocation or suspension of privileges mandatory, then the department shall impose the punishment in addition to any other punishments authorized by law. [1998 c 190 § 65.] 77.15.690 Department authority to revoke licenses. (1) Upon any conviction of any violation of this chapter, the department may revoke any license, tag, or stamp, or other permit involved in the violation or held by the person convicted, in addition to other penalties provided by law. (2) If the department orders that a license, tag, stamp, or other permit be revoked, that order is effective upon entry of the order and any such revoked license, tag, stamp, or other permit is void as a result of such order of revocation. The department shall order such license, tag, stamp, or other permit turned over to the department, and shall order the person not to acquire a replacement or duplicate for the remainder of the period for which the revoked license, tag, stamp, or other permit would have been valid. During this period when a license is revoked, the person is subject to punishment under this chapter. If the person appeals the sentence by the court, the revocation shall be effective during the appeal. (3) If an existing license, tag, stamp, or other permit is voided and revoked under this chapter, the department and its agents shall not be required to refund or restore any fees, costs, or money paid for the license, nor shall any person have any right to bring a collateral appeal under chapter 34.05 RCW to attack the department order. [1998 c 190 § 64.] 77.15.700 Grounds for department revocation and suspension of privileges. The department shall impose revocation and suspension of privileges upon conviction in the following circumstances: (1) If directed by statute for an offense; (2002 Ed.) Fish and Wildlife Enforcement Code (2) If the department finds that actions of the defendant demonstrated a willful or wanton disregard for conservation of fish or wildlife. Such suspension of privileges may be permanent; (3) If a person is convicted twice within ten years for a violation involving unlawful hunting, killing, or possessing big game, the department shall order revocation and suspension of all hunting privileges for two years. RCW 77.12.722 or *77.16.050 as it existed before June 11, 1998, may comprise one of the convictions constituting the basis for revocation and suspension under this subsection; (4) If a person is convicted three times in ten years of any violation of recreational hunting or fishing laws or rules, the department shall order a revocation and suspension of all recreational hunting and fishing privileges for two years; (5) If a person is convicted twice within five years of a gross misdemeanor or felony involving unlawful commercial fish or shellfish harvesting, buying, or selling, the department shall impose a revocation and suspension of the person’s commercial fishing privileges for one year. A commercial fishery license revoked under this subsection may not be used by an alternate operator or transferred during the period of suspension. [2001 c 253 § 46; 1998 c 190 § 66.] *Reviser’s note: RCW 77.16.050 was repealed by 1998 c 190 § 124. 77.15.710 Conviction for assault—Revocation of licenses and suspension of privileges. (1) The commission shall revoke all hunting, fishing, or other licenses issued under this title and order a ten-year suspension of all privileges extended under the authority of the department of a person convicted of assault on a fish and wildlife officer, ex officio officer, employee, agent, or personnel acting for the department, if the employee assaulted was on duty at the time of the assault and carrying out the provisions of this title. The suspension shall be continued beyond this period if any damages to the victim have not been paid by the suspended person. (2) For the purposes of this section, the definition of assault includes: (a) RCW 9A.32.030; murder in the first degree; (b) RCW 9A.32.050; murder in the second degree; (c) RCW 9A.32.060; manslaughter in the first degree; (d) RCW 9A.32.070; manslaughter in the second degree; (e) RCW 9A.36.011; assault in the first degree; (f) RCW 9A.36.021; assault in the second degree; and (g) RCW 9A.36.031; assault in the third degree. [2000 c 107 § 257; 1998 c 190 § 67; 1995 1st sp.s. c 2 § 43 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 74; 1991 c 211 § 1. Formerly RCW 77.16.135.] 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 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. 77.15.720 Shooting another person, livestock— Director’s authority to suspend privileges. (1) If a person (2002 Ed.) 77.15.700 shoots another person or domestic livestock while hunting, the director shall revoke all hunting licenses and suspend all hunting privileges for three years. If the shooting of another person or livestock is the result of criminal negligence or reckless or intentional conduct, then the person’s privileges shall be suspended for ten years. The suspension shall be continued beyond these periods if damages owed to the victim or livestock owner have not been paid by the suspended person. A hunting license shall not be reissued to the suspended person unless authorized by the director. (2) Within twenty days of service of an order suspending privileges or imposing conditions under this section or RCW 77.15.710, a person may petition for administrative review under chapter 34.05 RCW by serving the director with a petition for review. The order is final and unappealable if there is no timely petition for administrative review. (3) The commission may by rule authorize petitions for reinstatement of administrative suspensions and define circumstances under which reinstatement will be allowed. [2000 c 107 § 258; 1998 c 190 § 68.] 77.15.730 Wildlife violator compact citations and convictions. (1) Upon receipt of a report of failure to comply with the terms of a citation issued for a recreational violation from the licensing authority of a state that is a party to the wildlife violator compact under RCW 77.75.070, the department shall suspend the violator’s recreational license privileges under this title until there is satisfactory evidence of compliance with the terms of the wildlife citation. The department shall adopt by rule procedures for the timely notification and administrative review of such suspension of recreational licensing privileges. (2) Upon receipt of a report of a conviction for a recreational offense from the licensing authority of a state that is a party to the wildlife violator compact under RCW 77.75.070, the department shall enter such conviction in its records and shall treat such conviction as if it occurred in the state of Washington for the purposes of suspension, revocation, or forfeiture of recreational license privileges. [2001 c 253 § 47; 1994 c 264 § 45; 1993 c 82 § 6. Formerly RCW 75.10.220.] Revoked licenses—Application—1993 c 82: See note following RCW 77.75.070. 77.15.732 Citations from wildlife violator compact party state—Failure to comply. (1) Upon receipt of a report of failure to comply with the terms of a citation from the licensing authority of a state that is a party to the wildlife violator compact under RCW 77.75.070, the department shall suspend the violator’s license privileges under this title until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the department. The department shall adopt by rule procedures for the timely notification and administrative review of such suspension of licensing privileges. (2) Upon receipt of a report of a conviction from the licensing authority of a state that is a party to the wildlife violator compact under RCW 77.75.070, the department shall enter such conviction in its records and shall treat such conviction as if it occurred in the state of Washington for the purposes of suspension, revocation, or forfeiture of license [Title 77 RCW—page 41] 77.15.732 Title 77 RCW: Fish and Wildlife privileges. [2000 c 107 § 263; 1993 c 82 § 5. Formerly RCW 77.21.090.] Revoked licenses—Application—1993 c 82: See note following RCW 77.75.070. 77.15.900 Short title. This chapter may be known and cited as the fish and wildlife enforcement code. [1998 c 190 § 126.] 77.15.901 Captions not law. Captions used in this chapter are not any part of the law. [1998 c 190 § 127.] 77.15.902 Savings—1998 c 190. The enactment of chapter 190, Laws of 1998 does not terminate, or in any way modify, any liability, civil or criminal, that was in existence on June 11, 1998. [1998 c 190 § 129.] Chapter 77.18 GAME FISH MITIGATION Sections 77.18.050 77.18.060 77.18.070 Planting privately produced trout. Determination of appropriate waters. Program costs to be covered by revenue increase. 77.18.050 Planting privately produced trout. The legislature finds that it is beneficial to improve opportunities for trout fishing in order to satisfy the public’s demand for recreational fishing during a time of declining opportunities to catch anadromous salmon and steelhead trout. Fish farmers can produce trout in a triploid genetic configuration for the purpose of certifying that the fish are sterile and that they cannot interbreed with wild trout. These fish are ideally suited to planting into public lakes and ponds to provide immediate recreational fishing at a reasonable cost. The fish continue to grow throughout their life cycle and have the potential to grow to trophy size. Planting of these catchable trout can provide increased angler participation, increased fishing license sales, increased tourism activities, and a boost to local economies. The department of fish and wildlife is authorized to purchase these privately produced fish to supplement existing department trout hatchery production. The planting of these catchable trout in water bodies with water quality sufficient to support fish life must not have an adverse impact on the wild trout population. [1999 c 363 § 1.] Report to the legislature—1999 c 363: "The department of fish and wildlife shall report to the appropriate legislative committees by February 1, 2001, regarding the implementation of this act. The report shall include information regarding the location and number of fish planted, the size of the fish planted, and information relating to the cost-effectiveness of the catchable trout program, including an estimate of new license revenues generated by the programs." [1999 c 363 § 4.] Effective date—1999 c 363: "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 17, 1999]." [1999 c 363 § 6.] 77.18.060 Determination of appropriate waters. The fish and wildlife commission in consultation with the department is authorized to determine which waters of the state are appropriate for this use during the 1999 and 2000 [Title 77 RCW—page 42] calendar years. In making this determination, the commission shall seek geographic distribution to assure opportunity to fishers statewide. The commission in consultation with the department will determine the maximum number of fish that may be planted into state waters so as not to compete with the wild populations of fish species in the water body. [1999 c 363 § 2.] Report to the legislature—Effective date—1999 c 363: See notes following RCW 77.18.050. 77.18.070 Program costs to be covered by revenue increase. The fish and wildlife commission may authorize purchase of privately produced fish for the purposes of RCW 77.18.050 and 77.18.060 only if the cost of the program will be recovered by the estimated increase in revenue from license sales and federal funds directly attributable to the planting of these privately purchased fish. [1999 c 363 § 3.] Report to the legislature—Effective date—1999 c 363: See notes following RCW 77.18.050. Chapter 77.32 LICENSES Sections 77.32.007 77.32.010 77.32.014 77.32.025 77.32.050 77.32.070 77.32.090 77.32.155 77.32.237 77.32.238 77.32.240 77.32.250 77.32.256 77.32.320 77.32.350 77.32.370 77.32.380 77.32.400 77.32.410 77.32.420 77.32.430 77.32.440 77.32.450 77.32.460 77.32.470 77.32.480 77.32.490 77.32.500 "Special hunting season" defined. Recreational license required—Activities—Permit for parking. Licenses, tags, and stamps—Revocation/privileges suspended for noncompliance with support order. Establishment of times and places for family fishing with no license or catch record card—Authorized. Recreational licenses, permits, tags, stamps, and raffle tickets issued by authorized officials—Rules—Fees— Transaction fee. Information required from license applicants—Reports on taking of fish, shellfish, and wildlife. Licenses, permits, tags, stamps, and raffle tickets—Rules for form, display, procedures. Hunter education training program—Certificate. Disabled hunter’s permits. Disabled hunter’s permits—Shooting from a motor vehicle—Assistance from nondisabled hunter. Scientific permit—Procedures—Penalties—Fee. Licenses nontransferable. Duplicate licenses, rebates, permits, tags, and stamps—Fees. Required licenses, tags—Transport tags for game. Pheasant or migratory birds—Supplemental permit, stamp— Fees. Special hunting season permits—Fee. Fish and wildlife lands vehicle use permit—Improved access facility—Fee—Youth groups—Contributions— Display—Transfer between vehicles—Penalty. Disabled persons—Designated harvester card—Fish and shellfish. Personal use fishing license—Reciprocity with Oregon in concurrent waters of Columbia river and coastal waters. Recreational licenses—Nontransferable—Enforcement provisions. Catch record cards. Enhancement programs—Funding levels—Rules—Deposit to warm water game fish account. Big game hunting license—Fees. Small game hunting license—Fees. Personal use fishing licenses—Fees—Temporary fishing license—Family fishing weekend license—Rules. Reduced rate licenses. Reduced rate combination fishing license. Saltwater, freshwater transition areas—Rule-making authority. (2002 Ed.) Licenses 77.32.510 77.32.520 77.32.525 77.32.530 77.32.535 77.32.540 77.32.545 77.32.550 Recreational license fees—Disposition of appropriation. Personal use shellfish and seaweed license—Fees—License visible on licensee. Hunting and fishing contests—Field trials for dogs— Rules—Limitation. Hunting big game—Auction or raffle—Procedure. Private lands—Raffle authorization to hunt big game. Hunting and fishing contests—Field trials for dogs— Permit—Rules. Removal of trap—Identification of traps—Disclosure of identities. Group fishing permit. 77.32.007 "Special hunting season" defined. For the purposes of this chapter "special hunting season" means a hunting season established by rule of the commission for the purpose of taking specified wildlife under a special hunting permit. [1984 c 240 § 8.] 77.32.010 Recreational license required— Activities—Permit for parking. (1) Except as otherwise provided in this chapter, a recreational license issued by the director is required to hunt for or take wild animals or wild birds, fish for, take, or harvest fish, shellfish, and seaweed. A recreational fishing or shellfish license is not required for carp, smelt, albacore, and crawfish, and a hunting license is not required for bullfrogs. (2) A permit issued by the department is required to park a motor vehicle upon improved department access facilities. [2001 c 253 § 49; 2000 c 107 § 264; 1998 c 191 § 7; 1987 c 506 § 76; 1985 c 457 § 25; 1983 c 284 § 2; 1981 c 310 § 7; 1980 c 78 § 103; 1979 ex.s. c 3 § 1; 1959 c 245 § 1; 1955 c 36 § 77.32.010. Prior: 1947 c 275 § 93; Rem. Supp. 1947 § 5992-102.] Effective date—1998 c 191: See note following RCW 77.32.400. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Findings—Intent—1983 c 284: See note following RCW 82.27.020. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.32.014 Licenses, tags, and stamps— Revocation/privileges suspended for noncompliance with support order. Licenses, tags, and stamps issued pursuant to this chapter shall be revoked and the privileges suspended for any period in which a person is certified by the department of social and health services or a court of competent jurisdiction as a person in noncompliance with a support order. Fish and wildlife officers and ex officio fish and wildlife officers shall enforce this section through checks of the department of licensing’s computer data base. A listing on the department of licensing’s data base that an individual’s license is currently suspended pursuant to RCW 46.20.291(8) shall be prima facie evidence that the individual is in noncompliance with a support order. Presentation of a written release issued by the department of social and health services stating that the person is in compliance with an order shall serve as prima facie proof of compliance with a support order. [2001 c 253 § 50; 2000 c 107 § 265; 1998 c 191 § 8; 1997 c 58 § 881.] Effective date—1998 c 191: See note following RCW 77.32.400. (2002 Ed.) Chapter 77.32 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. 77.32.025 Establishment of times and places for family fishing with no license or catch record card— Authorized. Notwithstanding RCW 77.32.010, the commission may adopt rules designating times and places for the purposes of family fishing days when licenses and catch record cards are not required to fish or to harvest shellfish. [1998 c 191 § 9; 1996 c 20 § 2; 1987 c 506 § 103.] Effective date—1998 c 191: See note following RCW 77.32.400. Effective date—1996 c 20: "This act shall take effect July 1, 1996." [1996 c 20 § 3.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. 77.32.050 Recreational licenses, permits, tags, stamps, and raffle tickets issued by authorized officials— Rules—Fees—Transaction fee. All recreational licenses, permits, tags, and stamps required by this title and raffle tickets authorized under chapter 77.12 RCW shall be issued under the authority of the commission. The commission shall adopt rules for the issuance of recreational licenses, permits, tags, stamps, and raffle tickets, and for the collection, payment, and handling of license fees, terms and conditions to govern dealers, and dealers’ fees. A transaction fee on recreational licenses may be set by the commission and collected from licensees. The department may authorize all or part of such fee to be paid directly to a contractor providing automated licensing system services. Fees retained by dealers shall be uniform throughout the state. The department shall authorize dealers to collect and retain dealer fees of at least two dollars for purchase of a standard hunting or fishing recreational license document, except that the commission may set a lower dealer fee for issuance of tags or when a licensee buys a license that involves a stamp or display card format rather than a standard department licensing document form. [2000 c 107 § 266; 1999 c 243 § 2; 1998 c 191 § 10; 1996 c 101 § 8; 1995 c 116 § 1; 1987 c 506 § 77; 1981 c 310 § 16; 1980 c 78 § 106; 1979 ex.s. c 3 § 2; 1955 c 36 § 77.32.050. Prior: 1953 c 75 § 2; 1947 c 275 § 97; Rem. Supp. 1947 § 5992106.] Finding—1999 c 243: "The legislature finds that recreational license dealers are private businesses that provide the service of license sales in every part of the state. The dealers who sell recreational fishing and hunting licenses for the department of fish and wildlife perform a valuable public service function for those members of the public who purchase licenses as well as a revenue generating function for the department. The modernized fishing and hunting license format will require additional investments by license dealers in employee training and public education." [1999 c 243 § 1.] Effective date—1999 c 243: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 1999]." [1999 c 243 § 4.] Effective date—1998 c 191: "Sections 10, 24, 31 through 33, 37, 43, and 45 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 27, 1998]." [1998 c 191 § 49.] [Title 77 RCW—page 43] 77.32.050 Title 77 RCW: Fish and Wildlife Findings—1996 c 101: See note following RCW 77.32.530. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.32.070 Information required from license applicants—Reports on taking of fish, shellfish, and wildlife. Applicants for a license, permit, tag, or stamp shall furnish the information required by the director. The commission may adopt rules requiring licensees or permittees to keep records and make reports concerning the taking of fish, shellfish, and wildlife. [1998 c 191 § 11; 1995 c 116 § 3; 1987 c 506 § 79; 1981 c 310 § 18; 1980 c 78 § 108; 1955 c 36 § 77.32.070. Prior: 1947 c 275 § 99; Rem. Supp. 1947 § 5992-108.] Effective date—1998 c 191: See note following RCW 77.32.400. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.32.090 Licenses, permits, tags, stamps, and raffle tickets—Rules for form, display, procedures. The commission may adopt rules pertaining to the form, period of validity, use, possession, and display of licenses, permits, tags, stamps, and raffle tickets required by this chapter. [2000 c 107 § 267; 1998 c 191 § 12; 1996 c 101 § 10; 1995 c 116 § 4; 1987 c 506 § 80; 1981 c 310 § 19; 1980 c 78 § 109; 1955 c 36 § 77.32.090. Prior: 1947 c 275 § 101; Rem. Supp. 1947 § 5992-110.] Effective date—1998 c 191: See note following RCW 77.32.400. Findings—1996 c 101: See note following RCW 77.32.530. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.32.155 Hunter education training program— Certificate. When purchasing any hunting license, persons under the age of eighteen shall present certification of completion of a course of instruction of at least ten hours in the safe handling of firearms, safety, conservation, and sportsmanship. Beginning January 1, 1995, all persons purchasing any hunting license for the first time, if born after January 1, 1972, shall present such certification. The director may establish a program for training persons in the safe handling of firearms, conservation, and sportsmanship and may cooperate with the National Rifle Association, organized sportsmen’s groups, or other public or private organizations. The director shall prescribe the type of instruction and the qualifications of the instructors. Upon successful completion of the course, a trainee shall receive a hunter education certificate signed by an [Title 77 RCW—page 44] authorized instructor. The certificate is evidence of compliance with this section. The director may accept certificates from other states that persons have successfully completed firearm safety, hunter education, or similar courses as evidence of compliance with this section. [1998 c 191 § 17; 1993 c 85 § 1; 1987 c 506 § 81; 1981 c 310 § 21; 1980 c 78 § 104; 1957 c 17 § 1. Formerly RCW 77.32.015.] Effective date—1998 c 191: See note following RCW 77.32.400. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.32.237 Disabled hunter’s permits. The commission shall attempt to enhance the hunting opportunities of persons of disability. The commission shall authorize the director to issue disabled hunter permits to persons of disability. The commission shall adopt rules governing the conduct of disabled hunters and their nondisabled companions. [1989 c 297 § 1.] 77.32.238 Disabled hunter’s permits—Shooting from a motor vehicle—Assistance from nondisabled hunter. (1) A disabled hunter who possesses a disabled hunter permit and all appropriate hunting licenses may possess a loaded firearm or other legal hunting device in and may discharge a firearm or other legal hunting device from a nonmoving motor vehicle that has the engine turned off. Disabled hunters shall not be exempt from permit requirements for carrying concealed weapons, or from rules, laws, or ordinances concerning the discharge of these weapons. No hunting shall be permitted from a motor vehicle that is parked on or beside the maintained portion of a public road. (2) A person of disability holding a disabled hunter permit may be accompanied by one nondisabled licensed hunter who may assist the disabled hunter by killing game wounded by the disabled hunter, and by tagging and retrieving game killed by the disabled hunter. A nondisabled hunter shall not possess a loaded gun in, or shoot from, a motor vehicle. [1989 c 297 § 2.] 77.32.240 Scientific permit—Procedures— Penalties—Fee. A scientific permit allows the holder to collect for research or display food fish, game fish, shellfish, and wildlife, including avian nests and eggs as required in RCW 77.32.010, under conditions prescribed by the director. Before a permit is issued, the applicant shall demonstrate to the director their qualifications and establish the need for the permit. The director may require a bond of up to one thousand dollars to ensure compliance with the permit. Permits are valid for the time specified, unless sooner revoked. Holders of permits may exchange specimens with the approval of the director. A permit holder who violates this section shall forfeit the permit and bond and shall not receive a similar permit for one year. The fee for a scientific permit is twelve dollars. [1998 c 191 § 21; 1991 sp.s. c 7 § 6; 1981 c 310 § (2002 Ed.) Licenses 28; 1980 c 78 § 119; 1955 c 36 § 77.32.240. Prior: 1947 c 275 § 113; Rem. Supp. 1947 § 5992-122.] Effective date—1998 c 191: See note following RCW 77.32.400. Effective date—1991 sp.s. c 7: See note following RCW 77.65.450. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.32.250 Licenses nontransferable. Licenses, permits, tags, and stamps required by this chapter and raffle tickets authorized under this chapter shall not be transferred. [2001 c 253 § 51; 2000 c 107 § 269; 1998 c 191 § 22; 1996 c 101 § 12; 1995 c 116 § 5; 1981 c 310 § 29; 1980 c 78 § 120; 1955 c 36 § 77.32.250. Prior: 1947 c 275 § 114; Rem. Supp. 1947 § 5992-123.] Effective date—1998 c 191: See note following RCW 77.32.400. Findings—1996 c 101: See note following RCW 77.32.530. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.32.256 Duplicate licenses, rebates, permits, tags, and stamps—Fees. The director shall by rule establish the conditions and fees for issuance of duplicate licenses, rebates, permits, tags, and stamps required by this chapter. The fee for duplicate licenses, rebates, permits, tags, and stamps may not exceed the actual cost to the department for issuing the duplicate. [2002 c 222 § 1; 1995 c 116 § 6; 1994 c 255 § 13; 1991 sp.s. c 7 § 7; 1987 c 506 § 86; 1985 c 464 § 7; 1981 c 310 § 30; 1980 c 78 § 121; 1975 1st ex.s. c 15 § 32.] Effective date—1994 c 255 §§ 1-13: See note following RCW 77.32.520. Effective date—1991 sp.s. c 7: See note following RCW 77.65.450. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—1985 c 464: See note following RCW 77.32.191. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. Effective dates—1975 1st ex.s. c 15: See note following RCW 77.65.450. 77.32.320 Required licenses, tags—Transport tags for game. (1) The correct licenses and tags are required to hunt deer, elk, black bear, cougar, sheep, mountain goat, moose, or wild turkey except as provided in RCW 77.32.450. (2) Persons who kill deer, elk, bear, cougar, mountain goat, sheep, moose, or wild turkey shall immediately validate and attach their own transport tag to the carcass as provided by rule of the director. [1998 c 191 § 23; 1997 c 114 § 1; 1990 c 84 § 4; 1987 c 506 § 87; 1981 c 310 § 8.] Effective date—1998 c 191: See note following RCW 77.32.400. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. (2002 Ed.) 77.32.240 77.32.350 Pheasant or migratory birds— Supplemental permit, stamp—Fees. In addition to a small game hunting license, a supplemental permit or stamp is required to hunt for western Washington pheasant or migratory birds. (1) A western Washington pheasant permit is required to hunt for pheasant in western Washington. Western Washington pheasant permits must contain numbered spaces for recording the location and date of harvest of each western Washington pheasant. (2) The permit shall be available as a season option, a youth full season option, or a three-day option. The fee for this permit is: (a) For the resident and nonresident full season option, thirty-six dollars; (b) For the youth full season option, eighteen dollars; (c) For the three-day option, twenty dollars. (3) A migratory bird validation is required for all persons sixteen years of age or older to hunt migratory birds. The fee for the validation for hunters is ten dollars for residents and nonresidents. The fee for the stamp for collectors is ten dollars. (4) The migratory bird license must be validated at the time of signature of the licensee. [2002 c 283 § 1; 2000 c 107 § 270; 1998 c 191 § 25; 1998 c 191 § 24; 1992 c 41 § 1; 1991 sp.s. c 7 § 9; 1990 c 84 § 6; 1989 c 365 § 1; 1987 c 506 § 105. Prior: 1985 c 464 § 9; 1985 c 243 § 1; 1984 c 240 § 6; 1981 c 310 § 12.] Effective date—1998 c 191: See note following RCW 77.32.400. Effective date—1992 c 41: "This act shall take effect January 1, 1993. The director of wildlife may take steps necessary to ensure that this act is implemented on its effective date." [1992 c 41 § 2.] Effective date—1991 sp.s. c 7: See note following RCW 77.65.450. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—1985 c 464: See note following RCW 77.65.450. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. 77.32.370 Special hunting season permits—Fee. (1) A special hunting season permit is required to hunt in each special season established under chapter 77.12 RCW. (2) Persons may apply for special hunting season permits as provided by rule of the commission. (3) The application fee to enter the drawing for a special hunting permit is five dollars for residents, fifty dollars for nonresidents, and three dollars for youth. [1998 c 191 § 26; 1991 sp.s. c 7 § 11; 1987 c 506 § 89; 1984 c 240 § 7; 1981 c 310 § 14.] Effective date—1998 c 191: See note following RCW 77.32.400. Effective date—1991 sp.s. c 7: See note following RCW 77.65.450. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. 77.32.380 Fish and wildlife lands vehicle use permit—Improved access facility—Fee—Youth groups— Contributions—Display—Transfer between vehicles— Penalty. (1) Persons who enter upon or use clearly identified department improved access facilities with a motor vehicle may be required to display a current annual fish and [Title 77 RCW—page 45] 77.32.380 Title 77 RCW: Fish and Wildlife wildlife lands vehicle use permit on the motor vehicle while within or while using an improved access facility. An "improved access facility" is a clearly identified area specifically created for motor vehicle parking, and includes any boat launch or boat ramp associated with the parking area, but does not include the department parking facilities at the Gorge Concert Center near George, Washington. One vehicle use permit shall be issued at no charge with an initial purchase of either an annual saltwater, freshwater, combination, small game hunting, big game hunting, or trapping license issued by the department. The annual fee for a fish and wildlife lands vehicle use permit, if purchased separately, is ten dollars. A person to whom the department has issued a vehicle use permit or who has purchased a vehicle use permit separately may purchase additional vehicle use permits from the department at a cost of five dollars per vehicle use permit. Revenue derived from the sale of fish and wildlife lands vehicle use permits shall be used solely for the stewardship and maintenance of department improved access facilities. Youth groups may use department improved access facilities without possessing a vehicle use permit when accompanied by a vehicle use permit holder. The department may accept contributions into the state wildlife fund for the sound stewardship of fish and wildlife. Contributors shall be known as "conservation patrons" and, for contributions of twenty dollars or more, shall receive a fish and wildlife lands vehicle use permit free of charge. (2) The vehicle use permit must be displayed from the interior of the motor vehicle so that it is clearly visible from outside of the motor vehicle before entering upon or using the motor vehicle on a department improved access facility. The vehicle use permit can be transferred between two vehicles and must contain space for the vehicle license numbers of each vehicle. (3) Failure to display the fish and wildlife lands vehicle use permit if required by this section is an infraction under chapter 7.84 RCW, and department employees are authorized to issue a notice of infraction to the registered owner of any motor vehicle entering upon or using a department improved access facility without such a vehicle use permit. The penalty for failure to clearly display the vehicle use permit is sixty-six dollars. This penalty is reduced to thirty dollars if the registered owner provides proof to the court that he or she purchased a vehicle use permit within fifteen days after the issuance of the notice of violation. [2001 c 243 § 1; 2000 c 107 § 271; 1998 c 87 § 1; 1993 sp.s. c 2 § 77; 1991 sp.s. c 7 § 12; 1988 c 36 § 52; 1987 c 506 § 90; 1985 c 464 § 11; 1981 c 310 § 15.] Effective date—1998 c 87: "This act takes effect January 1, 1999." [1998 c 87 § 3.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Effective date—1991 sp.s. c 7: See note following RCW 77.65.450. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—1985 c 464: See note following RCW 77.65.450. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. [Title 77 RCW—page 46] 77.32.400 Disabled persons—Designated harvester card—Fish and shellfish. (1) The commission shall authorize the director to issue designated harvester cards to persons of disability. The commission shall adopt rules governing the conduct of persons of disability who fish and harvest shellfish and their designated harvesters. (2) It is lawful to fish for, take, or possess the personaluse daily bag limit of shellfish, game fish, or food fish for a disabled person if the harvester is licensed and has a designated harvester card, and if the disabled person is present on site and in possession of a combination fishing license issued under RCW 77.32.490. (3) A designated harvester card will be issued to such a licensee upon written application to the director. The application must be submitted on a department official form and must be accompanied by a licensed medical doctor’s certification of disability. (4) A person with a combination fishing license issued under RCW 77.32.490 is not required to be present at the location where the designated harvester is harvesting shellfish for the disabled person. The licensee is required to be in the direct line of sight of the designated harvester who is harvesting shellfish for him or her, unless it is not possible to be in a direct line of sight because of a physical obstruction or other barrier. If such a barrier or obstruction exists, the licensee is required to be within one-quarter mile of the designated harvester who is harvesting shellfish for him or her. (5) Except as provided in subsection (4) of this section, the disabled person needs to be present and participating in the fishing activity. [1998 c 191 § 1. Prior: 1993 sp.s. c 17 § 5; 1993 sp.s. c 2 § 42; 1993 c 201 § 1; 1989 c 305 § 4; 1983 1st ex.s. c 46 § 92; 1980 c 81 § 2. Formerly RCW 75.25.080.] Effective date—1998 c 191: "Sections 1 through 9, 11 through 23, 25 through 30, 34 through 36, 38 through 42, and 44 of this act take effect January 1, 1999." [1998 c 191 § 48.] Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Effective date—1980 c 81: "This act shall take effect on July 1, 1980." [1980 c 81 § 3.] 77.32.410 Personal use fishing license—Reciprocity with Oregon in concurrent waters of Columbia river and coastal waters. In concurrent waters of the Columbia river and in Washington coastal territorial waters from the Oregon-Washington boundary to a point five nautical miles north, an Oregon angling license comparable to the Washington personal use fishing license is valid if Oregon recognizes as valid the Washington personal use fishing license in comparable Oregon waters. If Oregon recognizes as valid the Washington personal use fishing license southward to Cape Falcon in the coastal territorial waters from the Washington-Oregon boundary and in concurrent waters of the Columbia river then Washington shall recognize a valid Oregon license comparable to the Washington personal use fishing license northward to Leadbetter Point. (2002 Ed.) Licenses Oregon licenses are not valid for the taking of food fish or game fish when angling in concurrent waters of the Columbia river from the Washington shore. [1998 c 191 § 3; 1994 c 255 § 6; 1993 sp.s. c 17 § 7; 1989 c 305 § 9; 1987 c 87 § 4; 1985 c 174 § 1; 1983 1st ex.s. c 46 § 96; 1977 ex.s. c 327 § 17. Formerly RCW 75.25.120, 75.28.670.] Effective date—1998 c 191: See note following RCW 77.32.400. Effective date—1994 c 255 §§ 1-13: See note following RCW 77.32.520. Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. Declaration of state policy—Severability—Effective date—1977 ex.s. c 327: See notes following RCW 77.65.150. 77.32.420 Recreational licenses—Nontransferable— Enforcement provisions. Reviser’s note: RCW 77.32.420 was amended by 2001 c 306 § 2 without reference to its repeal by 2001 c 253 § 62. It has been decodified for publication purposes under RCW 1.12.025. 77.32.430 Catch record cards. Catch record cards necessary for proper management of the state’s food fish and game fish species and shellfish resources shall be administered under rules adopted by the commission and issued at no charge. [1998 c 191 § 5; 1989 c 305 § 10. Formerly RCW 75.25.190.] Effective date—1998 c 191: See note following RCW 77.32.400. 77.32.440 Enhancement programs—Funding levels—Rules—Deposit to warm water game fish account. (1) The commission shall adopt rules to continue funding current enhancement programs at levels equal to the participation of licensees in each of the individual enhancement programs. All enhancement funding will continue to be deposited directly into the individual accounts created for each enhancement. (2) In implementing subsection (1) of this section with regard to warm water game fish, the department shall deposit in the warm water game fish account the sum of one million two hundred fifty thousand dollars each fiscal year during the fiscal years 1999 and 2000, based on two hundred fifty thousand warm water anglers. Beginning in fiscal year 2001, and each year thereafter, the deposit to the warm water game fish account established in this subsection shall be adjusted annually to reflect the actual numbers of license holders fishing for warm water game fish based on an annual survey of licensed anglers from the previous year conducted by the department beginning with the April 1, 1999, to March 31, 2000, license year survey. [1999 c 235 § 2; 1998 c 191 § 13.] Effective date—1999 c 235: See note following RCW 77.44.050. Effective date—1998 c 191: See note following RCW 77.32.400. 77.32.450 Big game hunting license—Fees. (1) A big game hunting license is required to hunt for big game. A big game license allows the holder to hunt for forest grouse, unclassified wildlife, and the individual species identified within a specific big game combination license package. Each big game license includes one transport tag for each species purchased in that package. A hunter may (2002 Ed.) 77.32.410 not purchase more than one license for each big game species except as authorized by rule of the commission. The fees for annual big game combination packages are as follows: (a) Big game number 1: Deer, elk, bear, and cougar. The fee for this license is sixty-six dollars for residents, six hundred sixty dollars for nonresidents, and thirty-three dollars for youth. (b) Big game number 2: Deer and elk. The fee for this license is fifty-six dollars for residents, five hundred sixty dollars for nonresidents, and twenty-eight dollars for youth. (c) Big game number 3: Deer or elk, bear, and cougar. At the time of purchase, the holder must identify either deer or elk. The fee for this license is forty-six dollars for residents, four hundred sixty dollars for nonresidents, and twenty-three dollars for youth. (d) Big game number 4: Deer or elk. At the time of purchase, the holder must identify either deer or elk. The fee for this license is thirty-six dollars for residents, three hundred sixty dollars for nonresidents, and eighteen dollars for youth. (e) Big game number 5: Bear and cougar. The fee for this license is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth. (2) In the event that the commission authorizes a two animal big game limit, the fees for the second animal are as follows: (a) Elk: The fee is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth. (b) Deer: The fee is twenty dollars for residents, two hundred dollars for nonresidents, and ten dollars for youth. (c) Bear: The fee is ten dollars for residents, one hundred dollars for nonresidents, and five dollars for youth. (d) Cougar: The fee is ten dollars for residents, one hundred dollars for nonresidents, and five dollars for youth. (3) In the event that the commission authorizes a special permit hunt for goat, sheep, or moose, the permit fees are as follows: (a) Mountain goat: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth. (b) Sheep: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth. (c) Moose: The fee is one hundred dollars for residents, one thousand dollars for nonresidents, and fifty dollars for youth. Authorization to hunt the species set out under subsection (3)(a) through (c) of this section is by special permit identified under RCW 77.32.370. (4) The commission may adopt rules to reduce the price of a license or eliminate the transportation tag requirements concerning bear or cougar when necessary to meet harvest objectives. [2000 c 109 § 1; 1998 c 191 § 14.] Effective date—1998 c 191: See note following RCW 77.32.400. 77.32.460 Small game hunting license—Fees. (1) A small game hunting license is required to hunt for all classified wild animals and wild birds, except big game. A small game license also allows the holder to hunt for [Title 77 RCW—page 47] 77.32.460 Title 77 RCW: Fish and Wildlife unclassified wildlife. The small game license includes one transport tag for turkey. (a) The fee for this license is thirty dollars for residents, one hundred fifty dollars for nonresidents, and fifteen dollars for youth. (b) The fee for this license if purchased in conjunction with a big game combination license package is sixteen dollars for residents, eighty dollars for nonresidents, and eight dollars for youth. (c) The fee for a three-consecutive-day small game license is fifty dollars for nonresidents. (2) The fee for each additional turkey tag is eighteen dollars for residents, sixty dollars for nonresidents, and nine dollars for youth. [2000 c 109 § 2; 1998 c 191 § 15.] Effective date—1998 c 191: See note following RCW 77.32.400. 77.32.470 Personal use fishing licenses—Fees— Temporary fishing license—Family fishing weekend license—Rules. (1) A personal use saltwater, freshwater, combination, temporary, or family fishing weekend license is required for all persons fifteen years of age or older to fish for or possess fish taken for personal use from state waters or offshore waters. (2) The fees for annual personal use saltwater, freshwater, or combination licenses are as follows: (a) A combination license allows the holder to fish for or possess fish, shellfish, and seaweed from state waters or offshore waters. The fee for this license is thirty-six dollars for residents, seventy-two dollars for nonresidents, and five dollars for youth. (b) A saltwater license allows the holder to fish for or possess fish taken from saltwater areas. The fee for this license is eighteen dollars for residents, thirty-six dollars for nonresidents, and five dollars for resident seniors. (c) A freshwater license allows the holder to fish for, take, or possess food fish or game fish species in all freshwater areas. The fee for this license is twenty dollars for residents, forty dollars for nonresidents, and five dollars for resident seniors. (3) A temporary fishing license is valid for two consecutive days and allows the holder to fish for or possess fish taken from state waters or offshore waters. The fee for this temporary fishing license is six dollars for both residents and nonresidents. This license is not valid on game fish species for an eight-consecutive-day period beginning on the opening day of the lowland lake fishing season. (4) A family fishing weekend license allows for a maximum of six anglers: One resident and five youth; two residents and four youth; or one resident, one nonresident, and four youth. This license allows the holders to fish for or possess fish taken from state waters or offshore waters. The fee for this license is twenty dollars. This license is only valid during periods as specified by rule of the department. (5) The commission may adopt rules to create and sell combination licenses for all hunting and fishing activities at or below a fee equal to the total cost of the individual license contained within any combination. [1998 c 191 § 16.] Effective date—1998 c 191: See note following RCW 77.32.400. [Title 77 RCW—page 48] 77.32.480 Reduced rate licenses. All hunting licenses shall, upon written application, be issued at the reduced rate of a youth hunting license fee for the following individuals: (1) A resident sixty-five years old or older who is an honorably discharged veteran of the United States armed forces having a service-connected disability; (2) Residents who are honorably discharged veterans of the United States armed forces with a thirty percent or more service-connected disability; and (3) An honorably discharged veteran of the United States armed forces who is a resident and is confined to a wheelchair. [1998 c 191 § 18.] Effective date—1998 c 191: See note following RCW 77.32.400. 77.32.490 Reduced rate combination fishing license. A combination fishing license shall, upon written application, be issued at the reduced rate of five dollars to the following individuals: (1) Residents who are honorably discharged veterans of the United States armed forces with a thirty percent or more service-connected disability; (2) A person who is blind; (3) A person with a developmental disability as defined in RCW 71A.10.020 with documentation of the disability certified by a physician licensed to practice in this state; and (4) A person who is physically disabled and confined to a wheelchair. [1998 c 191 § 19.] Effective date—1998 c 191: See note following RCW 77.32.400. 77.32.500 Saltwater, freshwater transition areas— Rule-making authority. In order to simplify fishing license requirements in transition areas between saltwater and freshwater, the commission may adopt rules designating specific waters where either a freshwater or a saltwater license is valid. [1998 c 191 § 41.] Effective date—1998 c 191: See note following RCW 77.32.400. 77.32.510 Recreational license fees—Disposition of appropriation. As provided in RCW 77.12.170(1)(c), all recreational license fees deposited into the general fund shall be appropriated for the management, enhancement, research, and enforcement of shellfish and saltwater programs of the department. [1998 c 191 § 43.] Effective date—1998 c 191: See note following RCW 77.32.050. 77.32.520 Personal use shellfish and seaweed license—Fees—License visible on licensee. (1) A personal use shellfish and seaweed license is required for all persons other than residents or nonresidents under fifteen years of age to fish for, take, dig for, or possess seaweed or shellfish for personal use from state waters or offshore waters including national park beaches. (2) The fees for annual personal use shellfish and seaweed licenses are: (a) For a resident fifteen years of age or older, seven dollars; (b) For a nonresident fifteen years of age or older, twenty dollars; and (c) For a senior, five dollars. (2002 Ed.) Licenses (3) The license fee for a two-day personal use shellfish and seaweed license is six dollars for residents or nonresidents fifteen years of age or older. (4) The personal use shellfish and seaweed license shall be visible on the licensee while harvesting shellfish or seaweed. [2000 c 107 § 27; 1999 c 243 § 3; 1998 c 191 § 2; 1994 c 255 § 4; 1993 sp.s. c 17 § 3. Formerly RCW 75.25.092.] Finding—Effective date—1999 c 243: See notes following RCW 77.32.050. Effective date—1998 c 191: See note following RCW 77.32.400. Effective date—1994 c 255 §§ 1-13: "Sections 1 through 13 of this act shall take effect January 1, 1995." [1994 c 255 § 23.] Finding—1993 sp.s. c 17: "The legislature finds that additional cost savings can be realized by simplifying the department of fisheries recreational licensing system. The legislature finds that significant benefits will accrue to recreational fishers from streamlining the department of fisheries recreational licensing system. The legislature finds recreational license fees and commercial landing taxes have not been increased in recent years. The legislature finds that reduction in important department of fisheries programs can be avoided by increasing license fees and commercial landing taxes. The legislature finds that it is in the best interest of the state to avoid significant reductions in current department of fisheries activities." [1993 sp.s. c 17 § 1.] Contingent effective date—1993 sp.s. c 17: "This act shall take effect January 1, 1994, except that sections 13 through 30 of this act shall take effect only if Senate Bill No. 5124 does not become law by August 1, 1993." [1993 sp.s. c 17 § 32.] Senate Bill No. 5124 [1993 c 340] did become law; sections 13 through 30 of 1993 sp.s. c 17 did not become law. Severability—1993 sp.s. c 17: "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 sp.s. c 17 § 53.] 77.32.525 Hunting and fishing contests—Field trials for dogs—Rules—Limitation. The director shall administer rules adopted by the commission governing the time, place, and manner of holding hunting and fishing contests and competitive field trials involving live wildlife for hunting dogs. The department shall prohibit contests and field trials that are not in the best interests of wildlife. [1987 c 506 § 48; 1980 c 78 § 67. Formerly RCW 77.12.530.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. Contests and field trials: RCW 77.32.540. 77.32.530 Hunting big game—Auction or raffle— Procedure. (1) The commission in consultation with the director may authorize hunting of big game animals and wild turkeys through auction. The department may conduct the auction for the hunt or contract with a nonprofit wildlife conservation organization to conduct the auction for the hunt. (2) The commission in consultation with the director may authorize hunting of up to a total of fifteen big game animals and wild turkeys per year through raffle. The department may conduct raffles or contract with a nonprofit wildlife conservation organization to conduct raffles for hunting these animals. In consultation with the gambling commission, the director may adopt rules for the implementation of raffles involving hunting. (3) The director shall establish the procedures for the hunts, which shall require any participants to obtain any required license, permit, or tag. Representatives of the (2002 Ed.) 77.32.520 department may participate in the hunt upon the request of the commission to ensure that the animals to be killed are properly identified. (4) After deducting the expenses of conducting an auction or raffle, any revenues retained by a nonprofit organization, as specified under contract with the department, shall be devoted solely for wildlife conservation, consistent with its qualification as a bona fide nonprofit organization for wildlife conservation. (5) The department’s share of revenues from auctions and raffles shall be deposited in the state wildlife fund. The revenues shall be used to improve the habitat, health, and welfare of the species auctioned or raffled and shall supplement, rather than replace, other funds budgeted for management of that species. The commission may solicit input from groups or individuals with special interest in and expertise on a species in determining how to use these revenues. (6) A nonprofit wildlife conservation organization may petition the commission to authorize an auction or raffle for a special hunt for big game animals and wild turkeys. [1996 c 101 § 5. Formerly RCW 77.12.770.] Findings—1996 c 101: "The legislature finds that it is in the best interest of recreational hunters to provide them with the variety of hunting opportunities provided by auctions and raffles. Raffles provide an affordable opportunity for most hunters to participate in special hunts for big game animals and wild turkeys. The legislature also finds that wildlife management and recreation are not adequately funded and that such auctions and raffles can increase revenues to improve wildlife management and recreation." [1996 c 101 § 1.] 77.32.535 Private lands—Raffle authorization to hunt big game. If a private entity has a private lands wildlife management area agreement in effect with the department, the commission may authorize the private entity to conduct raffles for access to hunt for big game animals and wild turkeys to meet the conditions of the agreement. The private entity shall comply with all applicable rules adopted under RCW 77.32.530 for the implementation of raffles; however, raffle hunts conducted pursuant to this section shall not be counted toward the number of raffle hunts the commission may authorize under RCW 77.32.530. The director shall establish the procedures for the hunts, which shall require any participants to obtain any required license, permit, or tag. Representatives of the department may participate in the hunt upon the request of the commission to ensure that the animals to be killed are properly identified. [2001 c 253 § 52; 1996 c 101 § 6. Formerly RCW 77.12.780.] Findings—1996 c 101: See note following RCW 77.32.530. 77.32.540 Hunting and fishing contests—Field trials for dogs—Permit—Rules. A person shall not promote, conduct, hold, or sponsor a contest for the hunting or fishing of wildlife or a competitive field trial involving live wildlife for hunting dogs without first obtaining a hunting or fishing contest permit. Contests and field trials shall be held in accordance with established rules. [1998 c 190 § 118; 1987 c 506 § 58; 1980 c 78 § 69; 1955 c 36 § 77.16.010. Prior: 1947 c 275 § 39; Rem. Supp. 1947 § 5992-49. Formerly RCW 77.16.010.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. [Title 77 RCW—page 49] 77.32.540 Title 77 RCW: Fish and Wildlife Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. Contests and field trials: RCW 77.32.525. 77.32.545 Removal of trap—Identification of traps—Disclosure of identities. A property owner, lessee, or tenant may remove a trap placed on the owner’s, lessee’s, or tenant’s posted or fenced property by a trapper. Trappers shall attach to the chain of their traps or devices a legible metal tag with either the department identification number of the trapper or the name and address of the trapper in English letters not less than one-eighth inch in height. When a property owner, lessee, or tenant presents a trapper identification number to the department for a trap found upon the property of the owner, lessee, or tenant and requests identification of the trapper, the department shall provide the requestor with the name and address of the trapper. Prior to disclosure of the trapper’s name and address, the department shall obtain the name and address of the requesting individual in writing and after disclosing the trapper’s name and address to the requesting individual, the requesting individual’s name and address shall be disclosed in writing to the trapper whose name and address was disclosed. [1998 c 190 § 121; 1993 sp.s. c 2 § 75; 1988 c 36 § 51; 1987 c 372 § 1; 1980 c 78 § 85; 1955 c 36 § 77.16.170. Prior: 1947 c 275 § 56; Rem. Supp. 1947 § 5992-65. Formerly RCW 77.16.170.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.32.550 Group fishing permit. A group fishing permit allows a group of individuals to fish and harvest shellfish without individual licenses or the payment of individual license fees. The director must issue a group fishing permit on a seasonal basis to a state-operated facility or state-licensed nonprofit facility or program for physically or mentally disabled persons, mentally ill persons, hospital patients, handicapped persons, seriously or terminally ill persons, persons who are dependent on the state because of emotional or physical developmental disabilities, or senior citizens who are in the care of the facility. The permit is valid only for use during open season. The commission must adopt rules that provide the conditions under which a group fishing permit must be issued. [2002 c 266 § 1.] Chapter 77.36 WILDLIFE DAMAGE Sections 77.36.005 77.36.010 77.36.020 77.36.030 77.36.040 77.36.050 77.36.060 77.36.070 Findings. Definitions. Game damage control—Special hunt. Trapping or killing wildlife causing damage—Emergency situations. Payment of claims for damages—Procedure—Limitations. Claimant refusal—Excessive claims. Claim refused—Posted property. Limit on total claims from wildlife fund per fiscal year. [Title 77 RCW—page 50] 77.36.080 77.36.900 77.36.901 Limit on total claims from general fund per fiscal year— Emergency exceptions. Application—1996 c 54. Effective date—1996 c 54. 77.36.005 Findings. (Expires June 30, 2004.) The legislature finds that: (1) As the number of people in the state grows and wildlife habitat is altered, people will encounter wildlife more frequently. As a result, conflicts between humans and wildlife will also increase. Wildlife is a public resource of significant value to the people of the state and the responsibility to minimize and resolve these conflicts is shared by all citizens of the state. (2) In particular, the state recognizes the importance of commercial agricultural and horticultural crop production, rangeland suitable for grazing or browsing of domestic livestock, and the value of healthy deer and elk populations, which can damage such crops. The legislature further finds that damage prevention is key to maintaining healthy deer and elk populations, wildlife-related recreational opportunities, commercially productive agricultural and horticultural crops, and rangeland suitable for grazing or browsing of domestic livestock, and that the state, participants in wildlife recreation, and private landowners and tenants share the responsibility for damage prevention. Toward this end, the legislature encourages landowners and tenants to contribute through their land management practices to healthy wildlife populations and to provide access for related recreation. It is in the best interests of the state for the department of fish and wildlife to respond quickly to wildlife damage complaints and to work with these landowners and tenants to minimize and/or prevent damages and conflicts while maintaining deer and elk populations for enjoyment by all citizens of the state. (3) A timely and simplified process for resolving claims for damages caused by deer and elk for commercial agricultural or horticultural products, and rangeland used for grazing or browsing of domestic livestock is beneficial to the claimant and the state. [2001 c 274 § 1; 1996 c 54 § 1.] Expiration date—2001 c 274 §§ 1-3: "The following expire June 30, 2004: (1) Section 1, chapter 274, Laws of 2001; (2) Section 2, chapter 274, Laws of 2001; and (3) Section 3, chapter 274, Laws of 2001." [2001 c 274 § 5.] Effective date—2001 c 274: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [2001 c 274 § 6.] 77.36.005 Findings. (Effective June 30, 2004.) The legislature finds that: (1) As the number of people in the state grows and wildlife habitat is altered, people will encounter wildlife more frequently. As a result, conflicts between humans and wildlife will also increase. Wildlife is a public resource of significant value to the people of the state and the responsibility to minimize and resolve these conflicts is shared by all citizens of the state. (2) In particular, the state recognizes the importance of commercial agricultural and horticultural crop production and the value of healthy deer and elk populations, which can damage such crops. The legislature further finds that (2002 Ed.) Wildlife Damage damage prevention is key to maintaining healthy deer and elk populations, wildlife-related recreational opportunities, and commercially productive agricultural and horticultural crops, and that the state, participants in wildlife recreation, and private landowners and tenants share the responsibility for damage prevention. Toward this end, the legislature encourages landowners and tenants to contribute through their land management practices to healthy wildlife populations and to provide access for related recreation. It is in the best interests of the state for the department of fish and wildlife to respond quickly to wildlife damage complaints and to work with these landowners and tenants to minimize and/or prevent damages and conflicts while maintaining deer and elk populations for enjoyment by all citizens of the state. (3) A timely and simplified process for resolving claims for damages caused by deer and elk for commercial agricultural or horticultural products is beneficial to the claimant and the state. [1996 c 54 § 1.] 77.36.010 Definitions. (Expires June 30, 2004.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Crop" means (a) a growing or harvested horticultural and/or agricultural product for commercial purposes; or (b) rangeland forage on privately owned land used for grazing or browsing of domestic livestock for at least a portion of the year for commercial purposes. For the purposes of this chapter all parts of horticultural trees shall be considered a crop and shall be eligible for claims. (2) "Emergency" means an unforeseen circumstance beyond the control of the landowner or tenant that presents a real and immediate threat to crops, domestic animals, or fowl. (3) "Immediate family member" means spouse, brother, sister, grandparent, parent, child, or grandchild. [2001 c 274 § 2; 1996 c 54 § 2.] Expiration date—2001 c 274 §§ 1-3: See note following RCW 77.36.005. Effective date—2001 c 274: See note following RCW 77.36.005. 77.36.010 Definitions. (Effective June 30, 2004.) Unless otherwise specified, the following definitions apply throughout this chapter: (1) "Crop" means a commercially raised horticultural and/or agricultural product and includes growing or harvested product but does not include livestock. For the purposes of this chapter all parts of horticultural trees shall be considered a crop and shall be eligible for claims. (2) "Emergency" means an unforeseen circumstance beyond the control of the landowner or tenant that presents a real and immediate threat to crops, domestic animals, or fowl. (3) "Immediate family member" means spouse, brother, sister, grandparent, parent, child, or grandchild. [1996 c 54 § 2.] 77.36.020 Game damage control—Special hunt. The department shall work closely with landowners and tenants suffering game damage problems to control damage without killing the animals when practical, to increase the harvest of damage-causing animals in hunting seasons, and (2002 Ed.) 77.36.005 to kill the animals when no other practical means of damage control is feasible. If the department receives recurring complaints regarding property being damaged as described in this section or RCW 77.36.030 from the owner or tenant of real property, or receives such complaints from several such owners or tenants in a locale, the commission shall consider conducting a special hunt or special hunts to reduce the potential for such damage. [1996 c 54 § 3.] 77.36.030 Trapping or killing wildlife causing damage—Emergency situations. (1) Subject to the following limitations and conditions, the owner, the owner’s immediate family member, the owner’s documented employee, or a tenant of real property may trap or kill on that property, without the licenses required under RCW 77.32.010 or authorization from the director under RCW 77.12.240, wild animals or wild birds that are damaging crops, domestic animals, or fowl: (a) Threatened or endangered species shall not be hunted, trapped, or killed; (b) Except in an emergency situation, deer, elk, and protected wildlife shall not be killed without a permit issued and conditioned by the director or the director’s designee. In an emergency, the department may give verbal permission followed by written permission to trap or kill any deer, elk, or protected wildlife that is damaging crops, domestic animals, or fowl; and (c) On privately owned cattle ranching lands, the land owner or lessee may declare an emergency only when the department has not responded within forty-eight hours after having been contacted by the land owner or lessee regarding damage caused by wild animals or wild birds. In such an emergency, the owner or lessee may trap or kill any deer, elk, or other protected wildlife that is causing the damage but deer and elk may only be killed if such lands were open to public hunting during the previous hunting season, or the closure to public hunting was coordinated with the department to protect property and livestock. (2) Except for coyotes and Columbian ground squirrels, wildlife trapped or killed under this section remain the property of the state, and the person trapping or killing the wildlife shall notify the department immediately. The department shall dispose of wildlife so taken within three days of receiving such a notification and in a manner determined by the director to be in the best interest of the state. [1996 c 54 § 4.] 77.36.040 Payment of claims for damages— Procedure—Limitations. (1) Pursuant to this section, the director or the director’s designee may distribute money appropriated to pay claims for damages to crops caused by wild deer or elk in an amount of up to ten thousand dollars per claim. Damages payable under this section are limited to the value of such commercially raised horticultural or agricultural crops, whether growing or harvested, and shall be paid only to the owner of the crop at the time of damage, without assignment. Damages shall not include damage to other real or personal property including other vegetation or animals, damages caused by animals other than wild deer or elk, lost profits, consequential damages, or any other [Title 77 RCW—page 51] 77.36.040 Title 77 RCW: Fish and Wildlife damages whatsoever. These damages shall comprise the exclusive remedy for claims against the state for damages caused by wildlife. (2) The director may adopt rules for the form of affidavits or proof to be provided in claims under this section. The director may adopt rules to specify the time and method of assessing damage. The burden of proving damages shall be on the claimant. Payment of claims shall remain subject to the other conditions and limits of this chapter. (3) If funds are limited, payments of claims shall be prioritized in the order that the claims are received. No claim may be processed if: (a) The claimant did not notify the department within ten days of discovery of the damage. If the claimant intends to take steps that prevent determination of damages, such as harvest of damaged crops, then the claimant shall notify the department as soon as reasonably possible after discovery so that the department has an opportunity to document the damage and take steps to prevent additional damage; or (b) The claimant did not present a complete, written claim within sixty days after the damage, or the last day of damaging if the damage was of a continuing nature. (4) The director or the director’s designee may examine and assess the damage upon notice. The department and claimant may agree to an assessment of damages by a neutral person or persons knowledgeable in horticultural or agricultural practices. The department and claimant shall share equally in the costs of such third party examination and assessment of damage. (5) There shall be no payment for damages if: (a) The crops are on lands leased from any public agency; (b) The landowner or claimant failed to use or maintain applicable damage prevention materials or methods furnished by the department, or failed to comply with a wildlife damage prevention agreement under RCW 77.12.260; (c) The director has expended all funds appropriated for payment of such claims for the current fiscal year; or (d) The damages are covered by insurance. The claimant shall notify the department at the time of claim of insurance coverage in the manner required by the director. Insurance coverage shall cover all damages prior to any payment under this chapter. (6) When there is a determination of claim by the director or the director’s designee pursuant to this section, the claimant has sixty days to accept the claim or it is deemed rejected. [1996 c 54 § 5.] 77.36.050 Claimant refusal—Excessive claims. If the claimant does not accept the director’s decision under RCW 77.36.040, or if the claim exceeds ten thousand dollars, then the claim may be filed with the office of risk management under *RCW 4.92.040(5). The office of risk management shall recommend to the legislature whether the claim should be paid. If the legislature approves the claim, the director shall pay it from moneys appropriated for that purpose. No funds shall be expended for damages under this chapter except as appropriated by the legislature. [1996 c 54 § 6.] *Reviser’s note: RCW 4.92.040 was amended by 2002 c 332 § 11, changing the filing of claims under subsection (5) to the risk management division. 77.36.060 Claim refused—Posted property. The director may refuse to consider and pay claims of persons who have posted the property against hunting or who have not allowed public hunting during the season prior to the occurrence of the damages. [1996 c 54 § 7.] 77.36.070 Limit on total claims from wildlife fund per fiscal year. The department may pay no more than one hundred twenty thousand dollars per fiscal year from the wildlife fund for claims under RCW 77.36.040 and for assessment costs and compromise of claims. Such money shall be used to pay animal damage claims only if the claim meets the conditions of RCW 77.36.040 and the damage occurred in a place where the opportunity to hunt was not restricted or prohibited by a county, municipality, or other public entity during the season prior to the occurrence of the damage. [1996 c 54 § 8.] 77.36.080 Limit on total claims from general fund per fiscal year—Emergency exceptions. (Expires June 30, 2004.) (1) The department may pay no more than thirty thousand dollars per fiscal year from the general fund for claims under RCW 77.36.040 and for assessment costs and compromise of claims unless the legislature declares an emergency. Such money shall be used to pay animal damage claims only if the claim meets the conditions of RCW 77.36.040 and the damage occurred in a place where the opportunity to hunt was restricted or prohibited by a county, municipality, or other public entity during the season prior to the occurrence of the damage. (2) The legislature may declare an emergency, defined for the purposes of this section as any happening arising from weather, other natural conditions, or fire that causes unusually great damage by deer or elk to commercially raised agricultural or horticultural crops, or rangeland forage on privately owned land used for grazing or browsing of domestic livestock for at least a portion of the year. In an emergency, the department may pay as much as may be subsequently appropriated, in addition to the funds authorized under subsection (1) of this section, for claims under RCW 77.36.040 and for assessment and compromise of claims. Such money shall be used to pay animal damage claims only if the claim meets the conditions of RCW 77.36.040 and the department has expended all funds authorized under RCW 77.36.070 or subsection (1) of this section. (3) Of the total funds available each fiscal year under subsection (1) of this section and RCW 77.36.070, no more than one-third of this total may be used to pay animal damage claims for rangeland forage on privately owned land. (4) Of the total funds available each fiscal year under subsection (1) of this section and RCW 77.36.070 that remain unspent at the end of the fiscal year, fifty percent shall be utilized as matching grants to enhance habitat for deer and elk on public lands. [2001 c 274 § 3; 1996 c 54 § 9.] Expiration date—2001 c 274 §§ 1-3: See note following RCW 77.36.005. [Title 77 RCW—page 52] (2002 Ed.) Wildlife Damage Effective date—2001 c 274: See note following RCW 77.36.005. 77.36.080 Limit on total claims from general fund per fiscal year—Emergency exceptions. (Effective June 30, 2004.) (1) The department may pay no more than thirty thousand dollars per fiscal year from the general fund for claims under RCW 77.36.040 and for assessment costs and compromise of claims unless the legislature declares an emergency. Such money shall be used to pay animal damage claims only if the claim meets the conditions of RCW 77.36.040 and the damage occurred in a place where the opportunity to hunt was restricted or prohibited by a county, municipality, or other public entity during the season prior to the occurrence of the damage. (2) The legislature may declare an emergency, defined for the purposes of this section as any happening arising from weather, other natural conditions, or fire that causes unusually great damage to commercially raised agricultural or horticultural crops by deer or elk. In an emergency, the department may pay as much as may be subsequently appropriated, in addition to the funds authorized under subsection (1) of this section, for claims under RCW 77.36.040 and for assessment and compromise of claims. Such money shall be used to pay animal damage claims only if the claim meets the conditions of RCW 77.36.040 and the department has expended all funds authorized under RCW 77.36.070 or subsection (1) of this section. [1996 c 54 § 9.] 77.36.900 Application—1996 c 54. Chapter 54, Laws of 1996 applies prospectively only and not retroactively. It applies only to claims that arise on or after July 1, 1996. [1996 c 54 § 10.] 77.36.901 Effective date—1996 c 54. Sections 1 through 12 of this act shall take effect July 1, 1996. [1996 c 54 § 13.] Chapter 77.44 WARM WATER GAME FISH ENHANCEMENT PROGRAM Sections 77.44.005 77.44.007 77.44.010 77.44.030 77.44.040 77.44.050 77.44.060 77.44.070 Public interest declaration. Definitions. Warm water game fish enhancement program—Created. Freshwater, combination fishing license—Disposition of fee. Program goals. Warm water game fish account—Created—Use of moneys. Specifications—Purchases from aquatic farmers. Purchases from aquatic farmers for stocking purposes. 77.44.005 Public interest declaration. The legislature declares that the public and private propagation, production, protection, and enhancement of fish is in the public interest. [1991 c 253 § 1. Formerly RCW 77.18.005.] 77.44.007 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (2002 Ed.) 77.36.080 (1) "Contract" means an agreement setting at a minimum, price, quantity of fish to be delivered, time of delivery, and fish health requirements. (2) "Fish health requirements" means those site specific fish health and genetic requirements actually used by the department of fish and wildlife in fish stocking. (3) "Aquatic farmer" means a private sector person who commercially farms and manages private sector cultured aquatic products on the person’s own land or on land in which the person has a present right of possession. (4) "Warm water game fish" includes the following species: Bass, channel catfish, walleye, crappie, and other species as defined by the department. [2000 c 107 § 262; 1993 sp.s. c 2 § 76; 1991 c 253 § 2. Formerly RCW 77.18.010.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. 77.44.010 Warm water game fish enhancement program—Created. A warm water game fish enhancement program is created in the department. The enhancement program shall be designed to increase the opportunities to fish for and catch warm water game fish including: Largemouth black bass, smallmouth black bass, channel catfish, black crappie, white crappie, walleye, and tiger musky. The program shall be designed to use a practical applied approach to increasing warm water fishing. The department shall use the funds available efficiently to assure the greatest increase in the fishing for warm water fish at the lowest cost. This approach shall involve the minimization of overhead and administrative costs and the maximization of productive in-the-field activities. [1998 c 191 § 39; 1996 c 222 § 1.] Effective date—1998 c 191: See note following RCW 77.32.400. Effective dates—1996 c 222: "(1) Sections 1, 2, and 4 through 6 of this act shall take effect July 1, 1996. (2) Section 3 of this act shall take effect January 1, 1997." [1996 c 222 § 8.] 77.44.030 Freshwater, combination fishing license— Disposition of fee. (1) As provided in RCW 77.32.440, a portion of each freshwater and combination fishing license fee shall be deposited into the warm water game fish account. (2) The department shall use the most cost-effective format in designing and administering the warm water game fish surcharge [account]. (3) A warm water game fish account shall be used for enhancement of largemouth bass, smallmouth bass, walleye, black crappie, white crappie, channel catfish, and tiger musky. [1998 c 191 § 29; 1996 c 222 § 3.] Effective date—1998 c 191: See note following RCW 77.32.400. Effective dates—1996 c 222: See note following RCW 77.44.010. 77.44.040 Program goals. The goals of the warm water game fish enhancement program are to improve the fishing for warm water game fish using cost-effective management. Development of new ponds and lakes shall be an important and integral part of the program. The department shall work with the department of natural resources to [Title 77 RCW—page 53] 77.44.040 Title 77 RCW: Fish and Wildlife coordinate the reclamation of surface mines and the development of warm water game fish ponds. Improvement of warm water fishing shall be coordinated with the protection and conservation of cold water fish populations. This shall be accomplished by carefully designing the warm water projects to have minimal adverse effects upon the cold water fish populations. New pond and lake development should have beneficial effects upon wildlife due to the increase in lacustrine and wetland habitat that will accompany the improvement of warm water fish habitat. The department shall not develop projects that will increase the populations of undesirable or deleterious fish species such as carp, squawfish, walking catfish, and others. Fish culture programs shall be used in conditions where they will prove to be cost-effective, and may include the purchase of warm water fish from aquatic farmers defined in RCW 15.85.020. Consideration should be made for development of urban area enhancement of fishing opportunity for put-and-take species, such as channel catfish, that are amenable to production by low-cost fish culture methods. Fish culture shall also be used for stocking of high value species, such as walleye, smallmouth bass, and tiger musky. Introduction of special genetic strains that show high potential for recreational fishing improvement, including Florida strain largemouth bass and striped bass, shall be considered. Transplantation and introduction of exotic warm water fish shall be carefully reviewed to assure that adverse effects to native fish and wildlife populations do not occur. This review shall include an analysis of consequences from disease and parasite introduction. Population management through the use of fish toxicants, including rotenone or derris root, shall be an integral part of the warm water game fish enhancement program. However, any use of fish toxicants shall be subject to a thorough review to prevent adverse effects to cold water fish, desirable warm water fish, and other biota. Eradication of deleterious fish species shall be a goal of the program. Habitat improvement shall be a major aspect of the warm water game fish enhancement program. Habitat improvement opportunities shall be defined with scientific investigations, field surveys, and by using the extensive experience of other state management entities. Installation of cover, structure, water flow control structures, screens, spawning substrate, vegetation control, and other management techniques shall be fully used. The department shall work to gain access to privately owned waters that can be developed with habitat improvements to improve the warm water resource for public fishing. The department shall use the resources of cooperative groups to assist in the planning and implementation of the warm water game fish enhancement program. In the development of the program the department shall actively involve the organized fishing clubs that primarily fish for warm water fish. The warm water fish enhancement program shall be cooperative between the department and private landowners; private landowners shall not be required to alter the uses of their private property to fulfill the purposes of the warm water fish enhancement program. The director shall not impose restrictions on the use of private property, or take private property, for the purpose of the warm water fish enhancement program. [1996 c 222 § 4.] [Title 77 RCW—page 54] Effective dates—1996 c 222: See note following RCW 77.44.010. 77.44.050 Warm water game fish account— Created—Use of moneys. The warm water game fish account is hereby created in the state wildlife fund. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the warm water game fish enhancement program, including the development of warm water pond and lake habitat, culture of warm water game fish, improvement of warm water fish habitat, management of warm water fish populations, and other practical activities that will improve the fishing for warm water fish. Funds for warm water game fish as provided in RCW 77.32.440 shall not serve as replacement funding for department-operated warm water fish projects existing on December 31, 1994, except that an amount not to exceed ninety-one thousand dollars may be used for warm water fish culture at the Rod Meseberg warm water fish production facility during the biennium ending June 30, 2001. [1999 c 235 § 1; 1996 c 222 § 5.] Effective date—1999 c 235: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 1999]." [1999 c 235 § 4.] Effective dates—1996 c 222: See note following RCW 77.44.010. 77.44.060 Specifications—Purchases from aquatic farmers. If the department requires, pursuant to its authority relative to environmental permits or licenses, that resident hatchery game fish be stocked by the permittee or licensee for mitigation of environmental damage, the department shall specify the pounds or numbers, species, stock, and/or race of resident game fish that are to be provided. The department shall offer the permittee or licensee the option of purchasing under contract from aquatic farmers in Washington, those game fish, unless the fish specified by the department are not available from Washington growers. [1991 c 253 § 3. Formerly RCW 77.18.020.] 77.44.070 Purchases from aquatic farmers for stocking purposes. Any agency of state or federal government, political subdivision of the state, private or public utility company, corporation, or sports group, or any purchaser of fish under RCW 77.44.060 may purchase resident game fish from an aquatic farmer for stocking purposes if permit requirements of this title and the department have been met. [2001 c 253 § 53; 1991 c 253 § 4. Formerly RCW 77.18.030.] Chapter 77.50 LIMITATIONS ON CERTAIN COMMERCIAL FISHERIES (Formerly: Unlawful acts) Sections 77.50.010 77.50.020 77.50.030 77.50.040 Limitations on commercial fishing for salmon in Puget Sound waters. Limitations on commercial fishing for chinook or coho salmon in Pacific Ocean and Straits of Juan de Fuca. Salmon fishing gear. Commercial net fishing for salmon in tributaries of Columbia river—Boundaries defined. (2002 Ed.) Limitations on Certain Commercial Fisheries 77.50.050 77.50.060 77.50.070 77.50.080 77.50.090 77.50.100 77.50.110 77.50.120 77.50.900 Reef net salmon fishing gear—Reef net areas specified. Unauthorized fishing vessels entering state waters. Limitation on salmon fishing gear in Pacific Ocean. Possession or transportation in Pacific Ocean of salmon taken by other than troll lines or angling gear. Bottom trawling not authorized—Areas specified. Hood Canal shrimp—Limitation on number of shrimp pots. Commercial salmon fishing—Unauthorized gear. Maintaining consistent salmon harvest levels. Purpose—2000 c 107. 77.50.010 Limitations on commercial fishing for salmon in Puget Sound waters. (1) The commission may authorize commercial fishing for sockeye salmon within the waters described in subsection (2) of this section only during the period June 10th to July 25th and for other salmon only from the second Monday of September through November 30th, except during the hours between 4:00 p.m. of Friday and 4:00 p.m. of the following Sunday. (2) All waters east and south of a line commencing at a concrete monument on Angeles Point in Clallam county near the mouth of the Elwha River on which is inscribed "Angeles Point Monument" (latitude 48° 9’ 3" north, longitude 123° 33’ 01" west of Greenwich Meridian); thence running east on a line 81° 30’ true across the flashlight and bell buoy off Partridge Point and thence continued to longitude 122° 40’ west; thence north to the southerly shore of Sinclair Island; thence along the southerly shore of the island to the most easterly point of the island; thence 46° true to Carter Point, the most southerly point of Lummi Island; thence northwesterly along the westerly shore line of Lummi Island to where the shore line intersects line of longitude 122° 40’ west; thence north to the mainland, including: The southerly portion of Hale Passage, Bellingham Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, Similk Bay, Saratoga Passage, Holmes Harbor, Possession Sound, Admiralty Inlet, Hood Canal, Puget Sound, and their inlets, passages, waters, waterways, and tributaries. (3) The commission may authorize commercial fishing for salmon with gill net, purse seine, and other lawful gear prior to the second Monday in September within the waters of Hale Passage, Bellingham Bay, Samish Bay, Padilla Bay, Fidalgo Bay, Guemes Channel, Skagit Bay, and Similk Bay, to wit: Those waters northerly and easterly of a line commencing at Stanwood, thence along the south shore of Skagit Bay to Rocky Point on Camano Island; thence northerly to Polnell Point on Whidbey Island. (4) Whenever the commission determines that a stock or run of salmon cannot be harvested in the usual manner, and that the stock or run of salmon may be in danger of being wasted and surplus to natural or artificial spawning requirements, the commission may authorize units of gill net and purse seine gear in any number or equivalents, by time and area, to fully utilize the harvestable portions of these salmon runs for the economic well being of the citizens of this state. Gill net and purse seine gear other than emergency and test gear authorized by the director shall not be used in Lake Washington. (5) The commission may authorize commercial fishing for pink salmon in each odd-numbered year from August 1st through September 1st in the waters lying inside of a line commencing at the most easterly point of Dungeness Spit (2002 Ed.) Chapter 77.50 and thence projected to Point Partridge on Whidbey Island and a line commencing at Olele Point and thence projected easterly to Bush Point on Whidbey Island. [2002 c 311 § 2; 1998 c 190 § 75; 1995 1st sp.s. c 2 § 25 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 46; 1973 1st ex.s. c 220 § 2; 1971 ex.s. c 283 § 13; 1955 c 12 § 75.12.010. Prior: 1949 c 112 § 28; Rem. Supp. 1949 § 5780-301. Formerly RCW 75.12.010.] Findings—2002 c 311: "The legislature finds that the economic wellbeing and stability of the fishing industry and the conservation of the food fish resources of the state of Washington are best served by providing managers with all available tools to stabilize and distribute the commercial harvest of targeted Puget Sound salmon stocks. In recent years, segments of the industry in cooperation with the department of fish and wildlife have funded studies examining modification of harvest practices and fishing gear, particularly purse seine gear, to minimize or avoid impacts on nontargeted Puget Sound salmon stocks. The legislature finds that the new Pacific salmon treaty agreement of 1999 will drastically reduce the commercial harvest of Fraser river sockeye salmon while likely providing increased harvest opportunities in areas of Puget Sound where only gill net gear is now authorized. This exclusive limitation is contrary to the long-term needs of the fishing industry and inconsistent with the legislature’s intent to stabilize harvest levels while selectively targeting healthy salmon stocks." [2002 c 311 § 1.] Effective date—2002 c 311 § 2: "Section 2 of this act takes effect July 1, 2002." [2002 c 311 § 3.] Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013. Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020. Legislative declaration: "The preservation of the fishing industry and food fish and shellfish resources of the state of Washington is vital to the state’s economy, and effective measures and remedies are necessary to prevent the depletion of these resources." [1973 1st ex.s. c 220 § 1.] Effective dates—1971 ex.s. c 283: See note following RCW 77.65.170. 77.50.020 Limitations on commercial fishing for chinook or coho salmon in Pacific Ocean and Straits of Juan de Fuca. (1) The commission may authorize commercial fishing for coho salmon in the Pacific Ocean and the Straits of Juan de Fuca only from June 16th through October 31st. (2) The commission may authorize commercial fishing for chinook salmon in the Pacific Ocean and the Straits of Juan de Fuca only from March 15th through October 31st. [1998 c 190 § 76; 1995 1st sp.s. c 2 § 26 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 48; 1955 c 12 § 75.18.020. Prior: 1953 c 147 § 3. Formerly RCW 75.12.015, 75.18.020.] 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. 77.50.030 Salmon fishing gear. (1) A person shall not use, operate, or maintain a gill net which exceeds one thousand five hundred feet in length or a drag seine in the waters of the Columbia river for catching salmon. (2) A person shall not construct, install, use, operate, or maintain within state waters a pound net, round haul net, lampara net, fish trap, fish wheel, scow fish wheel, set net, weir, or fixed appliance for catching salmon or steelhead except under the authority of a trial or experimental fishery permit, when an emerging commercial fishery has been [Title 77 RCW—page 55] 77.50.030 Title 77 RCW: Fish and Wildlife designated allowing use of one or more of these gear types. The director must consult with the commercial fishing interests that would be affected by the trial or experimental fishery permit. The director may authorize the use of this gear for scientific investigations. (3) The department, in coordination with the Oregon department of fish and wildlife, shall adopt rules to regulate the use of monofilament in gill net webbing on the Columbia river. [2001 c 163 § 2; 1998 c 190 § 77; 1993 sp.s. c 2 § 27; 1985 c 147 § 1; 1983 1st ex.s. c 46 § 52; 1955 c 12 § 75.12.040. Prior: 1949 c 112 § 29; Rem. Supp. 1949 § 5780-303. Formerly RCW 75.12.040.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. 77.50.040 Commercial net fishing for salmon in tributaries of Columbia river—Boundaries defined. (1) The commission shall adopt rules defining geographical boundaries of the following Columbia river tributaries and sloughs: (a) Washougal river; (b) Camas slough; (c) Lewis river; (d) Kalama river; (e) Cowlitz river; (f) Elokomin river; (g) Elokomin sloughs; (h) Skamokawa sloughs; (i) Grays river; (j) Deep river; (k) Grays bay. (2) The commission may authorize commercial net fishing for salmon in the tributaries and sloughs from September 1st to November 30th only, if the time, areas, and level of effort are regulated in order to maximize the recreational fishing opportunity while minimizing excess returns of fish to hatcheries. The commission shall not authorize commercial net fishing if a significant catch of steelhead would occur. [1998 c 190 § 78; 1984 c 80 § 5; 1983 c 245 § 1. Formerly RCW 75.12.132.] 77.50.050 Reef net salmon fishing gear—Reef net areas specified. The commission shall not authorize use of reef net fishing gear except in the reef net areas described in this section. (1) Point Roberts reef net fishing area includes those waters within 250 feet on each side of a line projected 129° true from a point at longitude 123° 01’ 15" W. latitude 48° 58’ 38" N. to a point one mile distant, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6300, published September, 1941, in Washington, D.C., eleventh edition. (2) Cherry Point reef net fishing area includes those waters inland and inside the 10-fathom line between lines projected 205° true from points on the mainland at longitude 122° 44’ 54" latitude 48° 51’ 48" and longitude 122° 44’ 18" latitude 48° 51’ 33", a [as] such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. [Title 77 RCW—page 56] (3) Lummi Island reef net fishing area includes those waters inland and inside a line projected from Village Point 208° true to a point 900 yards distant, thence 129° true to the point of intersection with a line projected 259° true from the shore of Lummi Island 122° 40’ 42" latitude 48° 41’ 32", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition, revised 11-25-57, save and except that there shall be excluded therefrom all waters lying inside of a line projected 259° true from a point at 122° 40’ 42" latitude 48° 41’ 32" to a point 300 yards distant from high tide, thence in a northerly direction to the United States Coast and Geodetic Survey reference mark number 2, 1941-1950, located on that point on Lummi Island known as Lovers Point, as such descriptions are shown upon the United States Coast and Geodetic Survey map number 6380 as aforesaid. The term "Village Point" as used herein shall be construed to mean a point of location on Village Point, Lummi Island, at the mean high tide line on a true bearing of 43° 53’ a distance of 457 feet to the center of the chimney of a wood frame house on the east side of the county road. Said chimney and house being described as Village Point Chimney on page 612 of the United States Coast and Geodetic Survey list of geographic positions No. G-5455, Rosario Strait. (4) Sinclair Island reef net fishing area includes those waters inland and inside a line projected from the northern point of Sinclair Island to Boulder reef, thence 200° true to the northwesterly point of Sinclair Island, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (5) Flat Point reef net fishing area includes those waters within a radius of 175 feet of a point off Lopez Island located at longitude 122° 55’ 24" latitude 48° 32’ 33", as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (6) Lopez Island reef net fishing area includes those waters within 400 yards of shore between lines projected true west from points on the shore of Lopez Island at longitude 122° 55’ 04" latitude 48° 31’ 59" and longitude 122° 55’ 54" latitude 48° 30’ 55", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (7) Iceberg Point reef net fishing area includes those waters inland and inside a line projected from Davis Point on Lopez Island to the west point of Long Island, thence to the southern point of Hall Island, thence to the eastern point at the entrance to Jones Bay, and thence to the southern point at the entrance to Mackaye Harbor on Lopez Island; and those waters inland and inside a line projected 320° from Iceberg Point light on Lopez Island, a distance of 400 feet, thence easterly to the point on Lopez Island at longitude 122° 53’ 00" latitude 48° 25’ 39", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (8) Aleck Bay reef net fishing area includes those waters inland and inside a line projected from the southwestern point at the entrance to Aleck Bay on Lopez Island at (2002 Ed.) Limitations on Certain Commercial Fisheries longitude 122° 51’ 11" latitude 48° 25’ 14" southeasterly 800 yards to the submerged rock shown on U.S.G.S. map number 6380, thence northerly to the cove on Lopez Island at longitude 122° 50’ 49" latitude 48° 25’ 42", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (9) Shaw Island reef net fishing area number 1 includes those waters within 300 yards of shore between lines projected true south from points on Shaw Island at longitude 122° 56’ 14" latitude 48° 33’ 28" and longitude 122° 57’ 29" latitude 48° 32’ 58", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (10) Shaw Island reef net fishing area number 2 includes those waters inland and inside a line projected from Point George on Shaw Island to the westerly point of Neck Point on Shaw Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (11) Stuart Island reef net fishing area number 1 includes those waters within 600 feet of the shore of Stuart Island between lines projected true east from points at longitude 123° 10’ 47" latitude 48° 39’ 47" and longitude 123° 10’ 47" latitude 48° 39’ 33", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (12) Stuart Island reef net fishing area number 2 includes those waters within 250 feet of Gossip Island, also known as Happy Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (13) Johns Island reef net fishing area includes those waters inland and inside a line projected from the eastern point of Johns Island to the northwestern point of Little Cactus Island, thence northwesterly to a point on Johns Island at longitude 123° 09’ 24" latitude 48° 39’ 59", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (14) Battleship Island reef net fishing area includes those waters lying within 350 feet of Battleship Island, as such description is shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (15) Open Bay reef net fishing area includes those waters lying within 150 feet of shore between lines projected true east from a point on Henry Island at longitude 123° 11’ 34 1/2" latitude 48° 35’ 27 1/2" at a point 250 feet south, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (16) Mitchell Reef net fishing area includes those waters within a line beginning at the rock shown on U.S.G.S. map number 6380 at longitude 123° 10’ 56" latitude 48° 34’ 49 1/2", and projected 50 feet northwesterly, thence southwesterly 250 feet, thence southeasterly 300 feet, thence northeasterly 250 feet, thence to the point of beginning, as such (2002 Ed.) 77.50.050 descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (17) Smugglers Cove reef fishing area includes those waters within 200 feet of shore between lines projected true west from points on the shore of San Juan Island at longitude 123° 10’ 29" latitude 48° 33’ 50" and longitude 123° 10’ 31" latitude 48° 33’ 45", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (18) Andrews Bay reef net fishing area includes those waters lying within 300 feet of the shore of San Juan Island between a line projected true south from a point at the northern entrance of Andrews Bay at longitude 123° 09’ 53 1/2" latitude 48° 33’ 00" and the cable crossing sign in Andrews Bay, at longitude 123° 09’ 45" latitude 48° 33’ 04", as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. (19) Orcas Island reef net fishing area includes those waters inland and inside a line projected true west a distance of 1,000 yards from the shore of Orcas Island at longitude 122° 57’ 40" latitude 48° 41’ 06" thence northeasterly to a point 500 feet true west of Point Doughty, then true east to Point Doughty, as such descriptions are shown upon the United States Coast and Geodetic Survey map numbered 6380, published March, 1947, in Washington, D.C., eighth edition. [1998 c 190 § 79; 1983 1st ex.s. c 46 § 59; 1965 c 64 § 1; 1961 c 236 § 1; 1959 c 309 § 1; 1955 c 276 § 2. Formerly RCW 75.12.140.] 77.50.060 Unauthorized fishing vessels entering state waters. In order to protect the welfare of the citizens of the state of Washington by protecting the natural resources of the state from illegal fishing in state waters, commercial fishing vessels which are not authorized by law to fish for salmon in Washington state waters cannot enter Washington state waters unless all salmon fishing gear is stowed below deck or placed in a position so that it is not readily available for fishing. [1987 c 262 § 1. Formerly RCW 75.12.155.] 77.50.070 Limitation on salmon fishing gear in Pacific Ocean. (1) Except as provided in subsection (2) of this section, the commission shall not authorize gear other than troll gear or angling gear for taking salmon within the offshore waters or the waters of the Pacific Ocean over which the state has jurisdiction lying west of the following line: Commencing at the point of intersection of the international boundary line in the Strait of Juan de Fuca and a line drawn between the lighthouse on Tatoosh Island in Clallam County and Bonilla Point on Vancouver Island; thence southerly to the lighthouse on Tatoosh Island; thence southerly to the most westerly point of Cape Flattery; thence southerly along the state shoreline of the Pacific Ocean, crossing any river mouths at their most westerly points of land, to Point Brown at the entrance to Grays Harbor; thence southerly to Point Chehalis Light on Point Chehalis; thence southerly from Point Chehalis along the state shoreline of the Pacific Ocean to the Cape Shoalwater tower at the entrance [Title 77 RCW—page 57] 77.50.070 Title 77 RCW: Fish and Wildlife to Willapa Bay; thence southerly to Leadbetter Point; thence southerly along the state shoreline of the Pacific Ocean to the inshore end of the North jetty at the entrance to the Columbia River; thence southerly to the knuckle of the South jetty at the entrance to said river. (2) The commission may authorize the use of nets for taking salmon in the waters described in subsection (1) of this section for scientific investigations. [1998 c 190 § 80; 1993 c 20 § 2; 1983 1st ex.s. c 46 § 60; 1957 c 108 § 3. Formerly RCW 75.12.210.] Camano Island. [1998 c 190 § 82; 1989 c 172 § 1. Formerly RCW 75.12.390.] Purpose—1993 c 20: "The purpose of this act is to correct references to a geographical landmark on Cape Shoalwater that no longer exists. Cape Shoalwater Light has been removed and a new tower has been constructed four hundred yards to the west. It is not intended that this act make any substantive change in the boundaries of the areas described in RCW 75.12.210 and 75.28.012 beyond the minor adjustment necessitated by the replacement of the landmark." [1993 c 20 § 1.] Preamble—1957 c 108: "The state has a vital interest in the salmon resources of the Pacific Ocean both within and beyond the territorial limits of the state, in that a large number of such salmon spawn in its fresh water streams, migrate to the waters of the Pacific Ocean and, in response to their anadromous cycle, return to the fresh water streams to spawn. Expansion of fishing for salmon by the use of nets in waters of the eastern Pacific Ocean, which has occurred in the past year, will result in a substantial depletion of salmon originating within the state because the salmon runs are intercepted before they separate to move in toward the rivers of their origin. Oregon, California and Canada, through their respective fisheries agencies, have likewise expressed a deep concern over this problem since portions of such salmon originate within their respective jurisdictions. Short of absolute prohibition, it appears to be presently impracticable to regulate salmon net fishing in such waters of the Pacific Ocean by any known scientific fisheries management techniques in order to insure adequate salmon escapement to the three Pacific Coast states and Canada, the reason being that salmon stocks and races are so commingled in such Pacific Ocean waters that they are indistinguishable as to origin until they enter the harbors, bays, straits and estuaries of the respective jurisdictions. Canada, through its authorized officials, has proposed to prohibit its nationals from net fishing for salmon in Pacific Ocean waters provided the United States or the three Pacific Coast states apply such appropriate conservation measures to their respective citizens. Inasmuch as there is presently no congressional legislation prohibiting such fishing, and inasmuch as authorized officials of the state department of the United States have expressed a desire to have the states act in this area, the Pacific Marine Fisheries Commission has proposed and recommended appropriate legislation to the three Pacific Coast states to insure the survival of their valuable salmon resources." [1957 c 108 § 2. Formerly RCW 75.12.200.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Effective date—1983 1st ex.s. c 31: "This act shall take effect January 1, 1984." [1983 1st ex.s. c 31 § 4.] 77.50.080 Possession or transportation in Pacific Ocean of salmon taken by other than troll lines or angling gear. Within the waters described in RCW 77.50.070, a person shall not transport or possess salmon on board a vessel carrying fishing gear of a type other than troll lines or angling gear, unless accompanied by a certificate issued by a state or country showing that the salmon have been lawfully taken within the territorial waters of the state or country. [2000 c 107 § 13; 1998 c 190 § 81; 1983 1st ex.s. c 46 § 61; 1963 c 234 § 2; 1957 c 108 § 5. Formerly RCW 75.12.230.] Preamble—1957 c 108: See note following RCW 77.50.070. 77.50.090 Bottom trawling not authorized—Areas specified. The commission shall not authorize commercial bottom trawling for food fish and shellfish in all areas of Hood Canal south of a line projected from Tala Point to Foulweather Bluff and in Puget Sound south of a line projected from Foulweather Bluff to Double Bluff and including all marine waters east of Whidbey Island and [Title 77 RCW—page 58] 77.50.100 Hood Canal shrimp—Limitation on number of shrimp pots. The commission shall not authorize any commercial fisher to use more than fifty shrimp pots while commercially fishing for shrimp in that portion of Hood Canal lying south of the Hood Canal floating bridge. [1998 c 190 § 83; 1993 c 340 § 50; 1989 c 316 § 9; 1983 1st ex.s. c 31 § 2. Formerly RCW 75.12.440, 75.28.134.] 77.50.110 Commercial salmon fishing— Unauthorized gear. The commission shall not authorize angling gear or other personal use gear for commercial salmon fishing. [1998 c 190 § 84; 1996 c 267 § 24; 1983 1st ex.s. c 46 § 69; 1969 ex.s. c 23 § 1. Formerly RCW 75.12.650.] Intent—Effective date—1996 c 267: See notes following RCW 77.12.177. Effective date—1969 ex.s. c 23: "The provisions of this act shall become effective January 1, 1970." [1969 ex.s. c 23 § 2.] 77.50.120 Maintaining consistent salmon harvest levels. It is the intent of the legislature to ensure that a sustainable level of salmon is made available for harvest for commercial fishers in the state. Maintaining consistent harvest levels has become increasingly difficult with the listing of salmonid species under the federal endangered species act. Without a stable level of harvest, fishers cannot develop niche markets that maximize the economic value of the harvest. New tools and approaches are needed by fish managers to bring increased stability to the fishing industry. In the short term, it is the legislature’s intent to provide managers with tools to assure that commercial harvest of targeted stocks can continue and expand under the constraints of the federal endangered species act. There are experimental types of commercial fishing gear that could allow fishers to stabilize harvest levels by selectively targeting healthy salmon stocks. For the longer term, the department of fish and wildlife shall proceed with changes to the operation of certain hatcheries in order to stabilize harvest levels by allowing naturally spawning and hatchery origin fish to be managed as a single run. Scientific information from such hatcheries would guide the department’s approach to reducing the need to mass mark hatchery origin salmon where appropriate. [2001 c 163 § 1.] 77.50.900 Purpose—2000 c 107. The purpose of chapter 107, Laws of 2000 is to recodify Titles 75 and 77 RCW into Title 77 RCW ensuant to the merger of the departments of wildlife and fisheries. [2000 c 107 § 1.] (2002 Ed.) Construction Projects in State Waters Chapter 77.55 CONSTRUCTION PROJECTS IN STATE WATERS Sections 77.55.010 77.55.020 77.55.030 77.55.040 77.55.050 77.55.060 77.55.070 77.55.080 77.55.090 77.55.100 77.55.110 77.55.120 77.55.130 77.55.140 77.55.150 77.55.160 77.55.170 77.55.180 77.55.190 77.55.200 77.55.210 77.55.220 77.55.230 77.55.240 77.55.250 77.55.260 77.55.270 77.55.280 77.55.290 77.55.300 77.55.310 77.55.320 77.55.330 77.55.340 77.55.350 77.55.360 Informational brochure. Environmental excellence program agreements—Effect on chapter. Hazardous substance remedial actions—Procedural requirements not applicable. Fish guards required on diversion devices—Penalties, remedies for failure. Review of permit applications to divert or store water— Water flow policy. Fishways required in dams, obstructions—Penalties, remedies for failure. Director may modify inadequate fishways and fish guards. If fishway is impractical, fish hatchery or cultural facility may be provided in lieu. Mitigation plan review. Hydraulic projects or other work—Plans and specifications—Permits—Approval—Emergencies. Hydraulic projects for irrigation, stock watering, or streambank stabilization—Plans and specifications— Approval—Emergencies. Placement of woody debris as condition of permit. Dike vegetation management guidelines—Memorandum of agreement. Hydraulic projects—Civil penalty. Hydraulic projects for removal or control of spartina, purple loosestrife, and aquatic noxious weeds—Approval may not be required—Rules—Definitions. Columbia river anadromous fish sanctuary—Restrictions. Hydraulic appeals board—Members—Jurisdiction— Procedures. Hydraulic appeals board—Procedures. Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited. Marine beach front protective bulkheads or rockwalls. Watershed restoration projects—Hydraulic project approval—Permit processing. Definitions—Hydraulic project approval—Regular maintenance—Notice required. Hydraulic projects—Off-site mitigation. Operation and maintenance of fish collection facility on Toutle river. Wetlands filled under RCW 75.20.300—Mitigation not required. Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required. Small scale prospecting and mining—Rules. Hydraulic project approval—Habitat incentives agreement. Fish habitat enhancement project—Permit review and approval process. Habitat incentives program—Goal—Requirements of agreement—Application evaluation factors. Director may modify inadequate fishways and protective devices. Diversion of water—Screen, bypass required. Derelict fishing gear—Removal. Hydraulic project approvals—Storm water discharges. Hydraulic project approvals—Reasonable conditions. Certain secure community transition facilities not subject to this chapter. 77.55.010 Informational brochure. The department of fish and wildlife, 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. (2002 Ed.) Chapter 77.55 [1993 sp.s. c 2 § 28; 1991 c 322 § 21. Formerly RCW 75.20.005.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Findings—Intent—1991 c 322: See note following RCW 86.12.200. 77.55.020 Environmental excellence program agreements—Effect on chapter. 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 § 25. Formerly RCW 75.20.015.] Purpose—1997 c 381: See RCW 43.21K.005. 77.55.030 Hazardous substance remedial actions— Procedural requirements not applicable. The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70.105D.090. [1994 c 257 § 18. Formerly RCW 75.20.025.] Severability—1994 c 257: See note following RCW 36.70A.270. 77.55.040 Fish guards required on diversion devices—Penalties, remedies for failure. 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. 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. [1998 c 190 § 85; 1983 1st ex.s. c 46 § 70; 1955 c 12 § 75.20.040. Prior: 1949 c 112 § 45; Rem. Supp. 1949 § 5780-319. Formerly RCW 75.20.040.] 77.55.050 Review of permit applications to divert or store water—Water flow policy. It is the policy of this state that a flow of water sufficient to support game fish and [Title 77 RCW—page 59] 77.55.050 Title 77 RCW: Fish and Wildlife 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, 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. [1993 sp.s. c 2 § 29; 1988 c 36 § 32; 1986 c 173 § 7; 1983 1st ex.s. c 46 § 71; 1955 c 12 § 75.20.050. Prior: 1949 c 112 § 46; Rem. Supp. 1949 § 5780-320. Formerly RCW 75.20.050.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. 77.55.060 Fishways required in dams, obstructions—Penalties, remedies for failure. 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. 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 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. If, within thirty days after notice to construct a fishway or remove a dam or obstruction, the owner, his 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. [1998 c 190 § 86; 1983 1st ex.s. c 46 § 72; 1955 c 12 § 75.20.060. Prior: 1949 c 112 § 47; Rem. Supp. 1949 § 5780-321. Formerly RCW 75.20.060.] 77.55.070 Director may modify inadequate fishways and fish guards. 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 [Title 77 RCW—page 60] RCW 77.55.040 and 77.55.060. [2000 c 107 § 14; 1983 1st ex.s. c 46 § 73; 1963 c 153 § 1. Formerly RCW 75.20.061.] Director of fish and wildlife may modify, etc., inadequate fishways and protective devices: RCW 77.55.310. 77.55.080 If fishway is impractical, fish hatchery or cultural facility may be provided in lieu. 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 § 74; 1955 c 12 § 75.20.090. Prior: 1949 c 112 § 48; Rem. Supp. 1949 § 5780-322. Formerly RCW 75.20.090.] 77.55.090 Mitigation plan review. When reviewing a mitigation plan under RCW 77.55.100 or 77.55.110, the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030. [2000 c 107 § 15; 1997 c 424 § 6. Formerly RCW 75.20.098.] 77.55.100 Hydraulic projects or other work—Plans and specifications—Permits—Approval—Emergencies. (1) In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the approval of the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld or unreasonably conditioned. (2)(a) The department shall grant or deny approval of a standard permit within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The permit must contain provisions allowing for minor modifications to the plans and specifications without requiring reissuance of the permit. (b) The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the (2002 Ed.) Construction Projects in State Waters overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life. (c) The forty-five day requirement shall be suspended if: (i) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (ii) The site is physically inaccessible for inspection; or (iii) The applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay. (d) For purposes of this section, "standard permit" means a written permit issued by the department when the conditions under subsections (3) and (5)(b) of this section are not met. (3)(a) The department may issue an expedited written permit in those instances where normal permit processing would result in significant hardship for the applicant or unacceptable damage to the environment. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to repair existing structures, move obstructions, restore banks, protect property, or protect fish resources. Expedited permit requests require a complete written application as provided in subsection (2)(b) of this section and shall be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance. (b) For the purposes of this subsection, "imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application. (c) The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection. (d) The department or the county legislative authority may determine if an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists. (4) Approval of a standard permit is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Chapter 34.05 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent. (5)(a) In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately, upon request, oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a (2002 Ed.) 77.55.100 change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval to protect fish life shall be established by the department and reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately, upon request, for a stream crossing during an emergency situation. (b) For purposes of this section and RCW 77.55.110, "emergency" means an immediate threat to life, the public, property, or of environmental degradation. (c) The department or the county legislative authority may declare and continue an emergency when one or more of the criteria under (b) of this subsection are met. The county legislative authority shall immediately notify the department if it declares an emergency under this subsection. (6) The department shall, at the request of a county, develop five-year maintenance approval 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 sand bars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects. (7) This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state’s water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 77.55.110. A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2), shall serve as a hydraulic project approval for the life of the plan if fish are selected as one of the public resources for coverage under such a plan. (8) For the purposes of this section and RCW 77.55.110, "bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man. (9) The phrase "to construct any form of hydraulic project or perform other work" does not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval. [2002 c 368 § 2; 2000 c 107 § 16; 1998 c 190 § 87. Prior: 1997 c 385 § 1; 1997 c 290 § 4; 1993 sp.s. c 2 § 30; 1991 c 322 § 30; 1988 c 272 § 1; 1988 c 36 § 33; 1986 c 173 § 1; 1983 1st ex.s. c 46 § 75; 1975 1st ex.s. c 29 § 1; 1967 c 48 § 1; 1955 c 12 § 75.20.100; prior: 1949 c 112 § 49; Rem. Supp. 1949 § 5780-323. Formerly RCW 75.20.100.] 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 [Title 77 RCW—page 61] 77.55.100 Title 77 RCW: Fish and Wildlife particularly concerned over the current overlap of agency jurisdiction regarding storm water 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 storm water projects. The legislature believes that once the department of ecology approves a proposed storm water 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 storm water 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 storm water projects in order to reduce waste in both time and money while still providing ample protection for fish life." [2002 c 368 § 1.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Findings—Intent—1991 c 322: See note following RCW 86.12.200. Severability—1988 c 279: "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." [1988 c 272 § 6.] 77.55.110 Hydraulic projects for irrigation, stock watering, or streambank stabilization—Plans and specifications—Approval—Emergencies. In the event that any person or government agency desires to construct any form of hydraulic project or other work that diverts water for agricultural irrigation or stock watering purposes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, and when such diversion or streambank stabilization will use, divert, obstruct, or change the natural flow or bed of any river or stream or will utilize any waters of the state or materials from the stream beds, the person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure a written approval from the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld or unreasonably conditioned. The department shall grant or deny the approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The permit must contain provisions allowing for minor modifications to the plans and specifications without requiring reissuance of the permit. The applicant may document receipt of application by filing in person or by registered mail. A complete application for an approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within ordinary high water line, and complete plans and specifications for the proper protection of fish life. The forty-five day requirement shall be suspended if (1) after ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (2) the site is physically inaccessible for inspection; or (3) the applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay. An approval shall remain in effect without need for periodic renewal for projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. Approval for streambank stabilization projects shall remain in effect without need for periodic renewal if the problem causing the need for the streambank stabilization occurs on an annual or more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the approval. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Issuance, denial, conditioning, or modification shall be appealable to the hydraulic appeals board established in RCW 43.21B.005 within thirty days of the notice of decision. The burden shall be upon the department to show that the denial or conditioning of an approval is solely aimed at the protection of fish life. The department may, after consultation with the permittee, modify an approval due to changed conditions. The modifications shall become effective unless appealed to the hydraulic appeals board within thirty days from the notice of the proposed modification. The burden is on the department to show that changed conditions warrant the modification in order to protect fish life. A permittee may request modification of an approval due to changed conditions. The request shall be processed within forty-five calendar days of receipt of the written request. A decision by the department may be appealed to the hydraulic appeals board within thirty days of the notice of the decision. The burden is on the permittee to show that changed conditions warrant the requested modification and that such modification will not impair fish life. In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately upon request oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval shall be reduced to writing within thirty days and complied with as provided for in this section. For purposes of this chapter, "streambank stabilization" shall include but not be limited to log and debris removal, bank protection (including riprap, jetties, and groins), gravel removal and erosion control. [2002 c 368 § 3; 1998 c 190 § 88; 1993 sp.s. c 2 § 32; 1991 c 322 § 31; 1988 c 272 § 2; 1988 c 36 § 34; 1986 c 173 § 2. Formerly RCW 75.20.103.] Finding—Intent—2002 c 368: See note following RCW 77.55.100. [Title 77 RCW—page 62] (2002 Ed.) Construction Projects in State Waters Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Findings—Intent—1991 c 322: See note following RCW 86.12.200. Severability—1988 c 272: See note following RCW 77.55.100. 77.55.120 Placement of woody debris as condition of permit. Whenever the placement of woody debris is required as a condition of a hydraulic permit approval issued pursuant to RCW 77.55.100 or 77.55.110, 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. [2000 c 107 § 17; 1993 sp.s. c 2 § 33; 1991 c 322 § 18. Formerly RCW 75.20.104.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Findings—Intent—1991 c 322: See note following RCW 86.12.200. 77.55.130 Dike vegetation management guidelines— Memorandum of agreement. 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 77.55.100 and 77.55.110 are met. [2000 c 107 § 18; 1993 sp.s. c 2 § 34; 1991 c 322 § 19. Formerly RCW 75.20.1041.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Findings—Intent—1991 c 322: See note following RCW 86.12.200. 77.55.140 Hydraulic projects—Civil penalty. The department may levy civil penalties of up to one hundred dollars per day for violation of any provisions of RCW 77.55.100 or 77.55.110. The penalty provided shall be imposed by notice in writing, either by certified mail or personal service to the person incurring the penalty, from the director or the director’s designee describing the violation. Any person incurring any penalty under this chapter may appeal the same under chapter 34.05 RCW to the director. Appeals shall be filed within thirty days of receipt of notice imposing any penalty. The penalty imposed shall become 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 shall become 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. 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 any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action. All penalties recovered under this section shall be paid into the state’s general fund. [2000 (2002 Ed.) 77.55.110 c 107 § 19; 1993 sp.s. c 2 § 35; 1988 c 36 § 35; 1986 c 173 § 6. Formerly RCW 75.20.106.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. 77.55.150 Hydraulic projects for removal or control of spartina, purple loosestrife, and aquatic noxious weeds—Approval may not be required—Rules— Definitions. (1) An activity conducted solely for the removal or control of spartina shall not require hydraulic project approval. (2) An activity conducted solely for the removal or control of purple loosestrife and which is performed with hand-held tools, hand-held equipment, or equipment carried by a person when used shall not require hydraulic project approval. (3) By June 30, 1997, the department of fish and wildlife shall develop rules for projects conducted solely for the removal or control of various aquatic noxious weeds other than spartina and purple loosestrife and for activities or projects for controlling purple loosestrife not covered by subsection (2) of this section, which projects will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. Following the adoption of the rules, the department shall produce and distribute a pamphlet describing the methods of removing or controlling the aquatic noxious weeds that are approved under the rules. The pamphlet serves as the hydraulic project approval for any project that is conducted solely for the removal or control of such aquatic noxious weeds and that is conducted as described in the pamphlet; no further hydraulic project approval is required for such a project. From time to time as information becomes available, the department shall adopt similar rules for additional aquatic noxious weeds or additional activities for removing or controlling aquatic noxious weeds not governed by subsection (1) or (2) of this section and shall produce and distribute one or more pamphlets describing these methods of removal or control. Such a pamphlet serves as the hydraulic project approval for any project that is conducted solely for the removal or control of such aquatic noxious weeds and that is conducted as described in the pamphlet; no further hydraulic project approval is required for such a project. (4) As used in this section, "spartina," "purple loosestrife," and "aquatic noxious weeds" have the meanings prescribed by RCW 17.26.020. (5) Nothing in this section shall prohibit the department of fish and wildlife from requiring a hydraulic project approval for those parts of hydraulic projects that are not specifically for the control or removal of spartina, purple loosestrife, or other aquatic noxious weeds. [1995 c 255 § 4. Formerly RCW 75.20.108.] Severability—Effective date—1995 c 255: See RCW 17.26.900 and 17.26.901. 77.55.160 Columbia river anadromous fish sanctuary—Restrictions. (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 sanctu[Title 77 RCW—page 63] 77.55.160 Title 77 RCW: Fish and Wildlife ary. 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 hydraulic project approval 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 stream flow 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. [1998 c 190 § 89; 1995 1st sp.s. c 2 § 27 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 36; 1988 c 36 § 36; 1985 c 307 § 5; 1983 1st ex.s. c 46 § 76; 1961 c 4 § 1; Initiative Measure No. 25, approved November 8, 1960. Formerly RCW 75.20.110.] Under the authority granted in RCW 77.55.110 for the diversion of water for agricultural irrigation or stock watering purposes or when associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020; or (b) under the authority granted in RCW 77.55.230 for off-site mitigation proposals. (6)(a) Any person aggrieved by the approval, denial, conditioning, or modification of a hydraulic approval pursuant to RCW 77.55.110 may seek review from the board by filing a request for the same within thirty days of notice of the approval, denial, conditioning, or modification of such approval. (b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings. [2000 c 107 § 20; 1996 c 276 § 2; 1993 sp.s. c 2 § 37; 1989 c 175 § 160; 1988 c 272 § 3; 1988 c 36 § 37; 1986 c 173 § 4. Formerly RCW 75.20.130.] 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 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. 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 § 3 (Initiative Measure No. 25, approved November 8, 1960).] 77.55.180 Hydraulic appeals board—Procedures. (1) In all appeals, the hydraulic appeals board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions, but such powers shall be exercised in conformity with chapter 34.05 RCW. (2) In all appeals, the hydraulic appeals board, and each member thereof, shall be subject to all duties imposed upon and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings. (3) All proceedings before the hydraulic appeals board or any of its members shall be conducted in accordance with such rules of practice and procedure as the board may prescribe. Such rules shall be published and distributed. (4) Judicial review of a decision of the hydraulic appeals board may be obtained only pursuant to RCW 34.05.510 through 34.05.598. [1995 c 382 § 7; 1989 c 175 § 161; 1986 c 173 § 5. Formerly RCW 75.20.140.] 77.55.170 Hydraulic appeals board—Members— Jurisdiction—Procedures. (1) There is hereby created within the environmental hearings office under RCW 43.21B.005 the hydraulic appeals board of the state of Washington. (2) The hydraulic appeals board shall consist of three members: The director of the department of ecology or the director’s designee, the director of the department of agriculture or the director’s designee, and the director or the director’s designee of the department whose action is appealed under subsection (6) of this section. A decision must be agreed to by at least two members of the board to be final. (3) The board may adopt rules necessary for the conduct of its powers and duties or for transacting other official business. (4) The board shall make findings of fact and prepare a written decision in each case decided by it, and that finding and decision shall be effective upon being signed by two or more board members and upon being filed at the hydraulic appeals board’s principal office, and shall be open to public inspection at all reasonable times. (5) The board has exclusive jurisdiction to hear appeals arising from the approval, denial, conditioning, or modification of a hydraulic approval issued by the department: (a) [Title 77 RCW—page 64] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Effective date—1989 c 175: See note following RCW 34.05.010. Severability—1988 c 272: See note following RCW 77.55.100. Effective date—1989 c 175: See note following RCW 34.05.010. 77.55.190 Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited. All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the emergency nature of such requests and shall provide a decision to the applicant within fifteen calendar days of the date of application. [1989 c 171 § 8; 1987 c 343 § 6. Formerly RCW 75.20.150.] Severability—1989 c 171: See note following RCW 43.83B.400. Severability—1987 c 343: See note following RCW 43.83B.300. 77.55.200 Marine beach front protective bulkheads or rockwalls. (1) In order to protect the property of marine waterfront shoreline owners it is necessary to facilitate (2002 Ed.) Construction Projects in State Waters issuance of hydraulic permits for bulkheads or rockwalls under certain conditions. (2) The department shall issue a hydraulic permit with or without conditions within forty-five days of receipt of a complete and accurate application which authorizes commencement of construction, replacement, or repair of a marine beach front protective bulkhead or rockwall for single-family type residences or property under the following conditions: (a) The waterward face of a new bulkhead or rockwall shall be located only as far waterward as is necessary to excavate for footings or place base rock for the structure and under no conditions shall be located more than six feet waterward of the ordinary high water line; (b) Any bulkhead or rockwall to replace or repair an existing bulkhead or rockwall shall be placed along the same alignment as the bulkhead or rockwall it is replacing; however, the replaced or repaired bulkhead or rockwall may be placed waterward of and directly abutting the existing structure only in cases where removal of the existing bulkhead or rockwall would result in environmental degradation or removal problems related to geological, engineering, or safety considerations; (c) Construction of a new bulkhead or rockwall, or replacement or repair of an existing bulkhead or rockwall waterward of the existing structure shall not result in the permanent loss of critical food fish or shellfish habitats; and (d) Timing constraints shall be applied on a case-bycase basis for the protection of critical habitats, including but not limited to migration corridors, rearing and feeding areas, and spawning habitats, for the proper protection of fish life. (3) Any bulkhead or rockwall construction, replacement, or repair not meeting the conditions in this section shall be processed under this chapter in the same manner as any other application. (4) Any person aggrieved by the approval, denial, conditioning, or modification of a hydraulic permit approval under this section may formally appeal the decision to the hydraulic appeals board pursuant to this chapter. [1991 c 279 § 1. Formerly RCW 75.20.160.] 77.55.210 Watershed restoration projects— Hydraulic project approval—Permit processing. A hydraulic project approval 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. [1995 c 378 § 14. Formerly RCW 75.20.170.] 77.55.220 Definitions—Hydraulic project approval—Regular maintenance—Notice required. (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Marina" means a public or private facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or liveaboard boating accommodations. (b) "Marine terminal" means a public or private commercial wharf located in the navigable water of the state and used, or intended to be used, as a port or facility for the (2002 Ed.) 77.55.200 storing, handling, transferring, or transporting of goods to and from vessels. (2) For a marina or marine terminal in existence on June 6, 1996, or a marina or marine terminal that has received a hydraulic project approval for its initial construction, a renewable, five-year hydraulic project approval shall be issued, upon request, for regular maintenance activities of the marina or marine terminal. (3) Upon construction of a new marina or marine terminal that has received hydraulic project approval, a renewable, five-year hydraulic project approval shall be issued, upon request, for regular maintenance activities of the marina or marine terminal. (4) For the purposes of this section, regular maintenance activities are only those activities necessary to restore the marina or marine terminal to the conditions approved in the initial hydraulic project approval. These activities may include, but are not limited to, dredging, piling replacement, and float replacement. (5) The five-year permit must include a requirement that a fourteen-day notice be given to the department before regular maintenance activities begin. [2002 c 368 § 7; 1996 c 192 § 2. Formerly RCW 75.20.180.] Finding—Intent—2002 c 368: See note following RCW 77.55.100. 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 fresh water 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 § 1.] 77.55.230 Hydraulic projects—Off-site mitigation. 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 offsite mitigation plans that are submitted by hydraulic project applicants. If a hydraulic project permit applicant proposes off-site mitigation and the department does not approve the hydraulic permit or conditions the permit approval in such a manner as to render off-site mitigation unpracticable, the hydraulic project proponent must be given the opportunity to submit the hydraulic project application to the hydraulic appeals board for approval. [1996 c 276 § 1. Formerly RCW 75.20.190.] 77.55.240 Operation and maintenance of fish collection facility on Toutle river. 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 [Title 77 RCW—page 65] 77.55.240 Title 77 RCW: Fish and Wildlife 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 § 39; 1988 c 36 § 39; 1987 c 506 § 101. Formerly RCW 75.20.310.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. 77.55.250 Wetlands filled under *RCW 75.20.300— Mitigation not required. The department may not require mitigation for adverse impacts on fish life or habitat that occurred at the time a wetland was filled, if the wetland was filled under the provisions of *RCW 75.20.300. [2000 c 107 § 21; 1995 c 328 § 1. Formerly RCW 75.20.320.] *Reviser’s note: RCW 75.20.300 expired June 30, 1995. 77.55.260 Sediment dredging or capping actions— Dredging of existing channels and berthing areas— Mitigation not required. 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 § 5. Formerly RCW 75.20.325.] 77.55.270 Small scale prospecting and mining— Rules. (1) Small scale prospecting and mining shall not require written approval under this chapter if the prospecting is conducted in accordance with provisions 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 written approval 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 approval issued under this chapter. (4) For the purposes of this chapter, "small scale prospecting and mining" means only the use of the following methods: Pans, nonmotorized sluice boxes, concentrators, and minirocker boxes for the discovery and recovery of minerals. [1997 c 415 § 2. Formerly RCW 75.20.330.] 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, [Title 77 RCW—page 66] 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 § 1.] 77.55.280 Hydraulic project approval—Habitat incentives agreement. When a private landowner is applying for hydraulic project approval 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 77.55.300, the department shall comply with the terms of that agreement when evaluating the request for hydraulic project approval. [2001 c 253 § 54; 1997 c 425 § 4. Formerly RCW 75.20.340.] Finding—Intent—1997 c 425: See note following RCW 77.55.300. 77.55.290 Fish habitat enhancement project— Permit review and approval process. (1) In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under (a) and (b) of this subsection: (a) A fish habitat enhancement project must be a project to accomplish one or more of the following tasks: (i) Elimination of human-made fish passage barriers, including culvert repair and replacement; (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; or (iii) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks. 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; and (b) A fish habitat enhancement project must be approved in one of the following ways: (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) Through the review and approval process for conservation district-sponsored projects, where the project complies with design standards established by the conservation commission through interagency agreement with the United States fish and wildlife service and the natural resource conservation service; (vi) Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration; and (vii) Through other formal review and approval processes established by the legislature. (2002 Ed.) Construction Projects in State Waters (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) Hydraulic project approval 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 department of ecology *permit assistance center 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. Local governments shall accept the application as notice of the proposed project. The department shall provide a fifteen-day comment period during which it will receive comments regarding environmental impacts. In no more than forty-five days, the department shall either issue hydraulic project approval, 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 hydraulic project approval. 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. Any person aggrieved by the approval, denial, conditioning, or modification of hydraulic project approval under this section may formally appeal the decision to the hydraulic appeals board pursuant to the provisions of this chapter. (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. [2001 c 253 § 55; 1998 c 249 § 3. Formerly RCW 75.20.350.] *Reviser’s note: The permit assistance center and its powers and duties were terminated effective June 30, 1999, pursuant to 1995 c 347 § 617. 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 § 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 (2002 Ed.) 77.55.290 to incorporate the permit process established in section 3 of this act." [1998 c 249 § 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 § 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 § 18.] 77.55.300 Habitat incentives program—Goal— Requirements of agreement—Application evaluation factors. (1) Beginning in January 1998, the department of fish and wildlife 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 hydraulic project approval 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 description of the property covered by the agreement, an expiration date, a description of the condition of the property prior to the implementation of the agreement, and other information needed by the landowner and the departments for future reference and decisions. [Title 77 RCW—page 67] 77.55.300 Title 77 RCW: Fish and Wildlife (3) As part of the agreement, the department of fish and wildlife may stipulate the factors that will be considered when the department evaluates a landowner’s application for hydraulic project approval under RCW 77.55.100 or 77.55.110 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 hydraulic project approval shall 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 evaluates a landowner’s application for a forest practices permit under chapter 76.09 RCW on property covered by the agreement. The department’s identification of these evaluation factors shall be in concurrence with the department of fish and wildlife 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 departments may jointly choose to retain the agreement on the property. (6) If the departments 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. [2000 c 107 § 229; 1997 c 425 § 3. Formerly RCW 77.12.830.] 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 supercede any federal laws." [1997 c 425 § 1.] 77.55.310 Director may modify inadequate fishways and protective devices. 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 § 21; 1980 c 78 § 90; 1963 c 152 § 1. Formerly RCW 77.12.425, 77.16.221.] [Title 77 RCW—page 68] 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 77.55.070. 77.55.320 Diversion of water—Screen, bypass required. 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. 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. The director 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. [2001 c 253 § 48; 1998 c 190 § 122; 1980 c 78 § 89; 1955 c 36 § 77.16.220. Prior: 1947 c 275 § 61; Rem. Supp. 1947 § 5992-70. Formerly RCW 77.16.220.] Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.55.330 Derelict fishing gear—Removal. The removal of derelict fishing gear does not require written approval under this chapter if the gear is removed according to the guidelines described in RCW 77.12.865. [2002 c 20 § 4.] Finding—Purpose—2002 c 20: See note following RCW 77.12.865. 77.55.340 Hydraulic project approvals—Storm water discharges. (1) Notwithstanding any other provision of this chapter, all hydraulic project approvals related to storm water discharges must follow the provisions established in this section. (2) Hydraulic project approvals issued in locations covered by a national pollution discharge elimination system municipal storm water general permit may not be conditioned or denied for water quality or quantity impacts arising from storm water discharges. A hydraulic project approval is required only for the actual construction of any storm water outfall or associated structures pursuant to this chapter. (3)(a) In locations not covered by a national pollution discharge elimination system municipal storm water general permit, the department may issue hydraulic project approvals 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 hydraulic project approval 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 (2002 Ed.) Construction Projects in State Waters resulting from the direct hydraulic discharge. The forty-five day requirement for hydraulic project approval issuance pursuant to RCW 77.55.100 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 hydraulic project approval 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. [2002 c 368 § 4.] Finding—Intent—2002 c 368: See note following RCW 77.55.100. 77.55.350 Hydraulic project approvals—Reasonable conditions. Conditions imposed upon hydraulic project approvals must be reasonably related to the project. The 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. [2002 c 368 § 5.] Finding—Intent—2002 c 368: See note following RCW 77.55.100. 77.55.360 Certain secure community transition facilities not subject to this chapter. (Expires June 30, 2009.) An emergency has been caused by the need to expeditiously site facilities to house sexually violent predators who have been committed under chapter 71.09 RCW. To meet this emergency, secure community transition facilities sited pursuant to the preemption provisions of RCW 71.09.342 and secure facilities sited pursuant to the preemption provisions of RCW 71.09.250 are not subject to the provisions of this chapter. This section expires June 30, 2009. [2002 c 68 § 14.] Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200. Chapter 77.60 SHELLFISH Sections 77.60.010 77.60.020 77.60.030 77.60.040 77.60.050 77.60.060 77.60.070 77.60.080 77.60.090 77.60.100 77.60.110 77.60.120 77.60.130 (2002 Ed.) State oyster reserves established. Sale or lease of state oyster reserves. State oyster reserves management policy—Personal use harvesting—Inventory—Management categories—Cultch permits. Olympia oysters—Cultivation on reserves in Puget Sound. Sale of shellfish from state oyster reserves. Restricted shellfish areas—Infestations—Permit. Geoduck clams, commercial harvesting—Unauthorized acts—Gear requirements. Imported oyster seed—Permit and inspection required. Imported oyster seed—Inspection—Costs. Establishment of reserves on state shellfish lands. Zebra mussels and European green crabs—Draft rules— Prevention of introduction and dispersal. Infested waters—List published. Aquatic nuisance species committee. 77.60.150 77.60.160 77.55.340 Oyster reserve land—Pilot project—Advisory committee— Report—Lease administration. Oyster reserve land account. 77.60.010 State oyster reserves established. 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 § 78; 1955 c 12 § 75.24.010. Prior: 1949 c 112 § 54; Rem. Supp. 1949 § 5780-01. Formerly RCW 75.24.010.] 77.60.020 Sale or lease of state oyster reserves. 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 § 28 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 79; 1955 c 12 § 75.24.030. Prior: 1949 c 112 § 55; Rem. Supp. 1949 § 5780-402. Formerly RCW 75.24.030.] 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. 77.60.030 State oyster reserves management policy—Personal use harvesting—Inventory— Management categories—Cultch permits. 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 [Title 77 RCW—page 69] 77.60.030 Title 77 RCW: Fish and Wildlife 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 § 22; 1998 c 245 § 152; 1985 c 256 § 1; 1983 1st ex.s. c 46 § 81; 1969 ex.s. c 91 § 1; 1955 c 12 § 75.24.060. Prior: 1949 c 112 § 56; Rem. Supp. 1949 § 5780-403. Formerly RCW 75.24.060.] 77.60.040 Olympia oysters—Cultivation on reserves in Puget Sound. 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 § 23; 1993 sp.s. c 2 § 40; 1985 c 256 § 2. Formerly RCW 75.24.065.] Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900. Severability—1993 sp.s. c 2: See RCW 43.300.901. 77.60.050 Sale of shellfish from state oyster reserves. 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 § 24; 1983 1st ex.s. c 46 § 82; 1955 c 12 § 75.24.070. [Title 77 RCW—page 70] Prior: 1949 c 112 § 57; Rem. Supp. 1949 § 5780-404. Formerly RCW 75.24.070.] Oyster reserve fishery license: RCW 77.65.260. 77.60.060 Restricted shellfish areas—Infestations— Permit. 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 § 90; 1983 1st ex.s. c 46 § 83; 1955 c 12 § 75.24.080. Prior: 1949 c 112 § 59; Rem. Supp. 1949 § 5780-406. Formerly RCW 75.24.080.] 77.60.070 Geoduck clams, commercial harvesting— Unauthorized acts—Gear requirements. (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 79.96.080. 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.), or that lie in an area bounded by the line of ordinary high tide (mean high tide) and 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 hand-held, 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. [2000 c 107 § 25; 1998 c 190 § 91; 1995 1st sp.s. c 2 § 29 (Referendum Bill No. 45, approved November 7, 1995); 1993 c 340 § 51; 1984 c 80 § 2. Prior: 1983 1st ex.s. c 46 § 85; 1983 c 3 § 193; 1979 ex.s. c 141 § 1; 1969 ex.s. c 253 § 1. Formerly RCW 75.24.100.] 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 § 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 § 6.] Designation of aquatic lands for geoduck harvesting: RCW 79.96.085. Diver license for harvesting geoducks: RCW 77.65.410. 77.60.080 Imported oyster seed—Permit and inspection required. 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 (2002 Ed.) Shellfish 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 § 92; 1983 1st ex.s. c 46 § 87; 1955 c 12 § 75.08.054. Prior: 1951 c 271 § 42. Formerly RCW 75.24.110, 75.08.054.] 77.60.090 Imported oyster seed—Inspection—Costs. 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 § 88; 1967 ex.s. c 38 § 1; 1955 c 12 § 75.08.056. Prior: 1951 c 271 § 43. Formerly RCW 75.24.120, 75.08.056.] 77.60.100 Establishment of reserves on state shellfish lands. 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 § 26; 1995 1st sp.s. c 2 § 30 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 89; 1955 c 12 § 75.08.060. Prior: 1949 c 112 § 7(5); Rem. Supp. 1949 § 5780-206(5). Formerly RCW 75.24.130, 75.08.060.] 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. 77.60.110 Zebra mussels and European green crabs—Draft rules—Prevention of introduction and dispersal. To complement programs authorized by the federal aquatic nuisance species task force, the department of fish and wildlife is directed to develop draft rules for legislative consideration to prevent the introduction and dispersal of zebra mussels and European green crabs and to allow eradication of infestations that may occur. The department is authorized to display and distribute material and literature informing boaters and owners of airplanes that land on water of the problem and to publicize and maintain a telephone number available to the public to express concerns and report infestations. [1998 c 153 § 2. Formerly RCW 75.24.140.] Intent—1998 c 153: "The unauthorized introduction of the zebra mussel and the European green crab into Washington state waters would pose a serious economic and environmental threat. The zebra mussel and European green crab have adverse impacts on fisheries, waterways, public and private facilities, and the functioning of natural ecosystems. The threat of zebra mussels and European green crabs requires a coordinated response. It is the intent of the legislature to prevent adverse economic and environmental impacts caused by zebra mussels and European green crabs in cooperation and coordination with local governments, the public, other states, and federal agencies." [1998 c 153 § 1.] Effective date—1998 c 153: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state (2002 Ed.) 77.60.080 government and its existing public institutions, and takes effect immediately [March 25, 1998]." [1998 c 153 § 6.] 77.60.120 Infested waters—List published. The department of fish and wildlife shall prepare, maintain, and publish a list of all lakes, ponds, or other waters of the state and other states infested with zebra mussels or European green crabs. The department may participate in regional or national groups addressing these species. [1998 c 153 § 3. Formerly RCW 75.24.150.] Intent—Effective date—1998 c 153: See notes following RCW 77.60.110. 77.60.130 Aquatic nuisance species committee. (1) The aquatic nuisance species committee is created for the purpose of fostering state, federal, tribal, and private cooperation on aquatic nuisance species issues. The mission of the committee is to minimize the unauthorized or accidental introduction of nonnative aquatic species and give special emphasis to preventing the introduction and spread of aquatic nuisance species. The term "aquatic nuisance species" means a nonnative aquatic plant or animal species that threatens the diversity or abundance of native species, the ecological stability of infested waters, or commercial, agricultural, or recreational activities dependent on such waters. (2) The committee consists of representatives from each of the following state agencies: Department of fish and wildlife, department of ecology, department of agriculture, department of health, department of natural resources, Puget Sound water quality action team, state patrol, state noxious weed control board, and Washington sea grant program. The committee shall encourage and solicit participation by: Federally recognized tribes of Washington, federal agencies, Washington conservation organizations, environmental groups, and representatives from industries that may either be affected by the introduction of an aquatic nuisance species or that may serve as a pathway for their introduction. (3) The committee has the following duties: (a) Periodically revise the state of Washington aquatic nuisance species management plan, originally published in June 1998; (b) Make recommendations to the legislature on statutory provisions for classifying and regulating aquatic nuisance species; (c) Recommend to the state noxious weed control board that a plant be classified under the process designated by RCW 17.10.080 as an aquatic noxious weed; (d) Coordinate education, research, regulatory authorities, monitoring and control programs, and participate in regional and national efforts regarding aquatic nuisance species; (e) Consult with representatives from industries and other activities that may serve as a pathway for the introduction of aquatic nuisance species to develop practical strategies that will minimize the risk of new introductions; and (f) Prepare a biennial report to the legislature with the first report due by December 1, 2001, making recommendations for better accomplishing the purposes of this chapter, and listing the accomplishments of this chapter to date. (4) The committee shall accomplish its duties through the authority and cooperation of its member agencies. [Title 77 RCW—page 71] 77.60.130 Title 77 RCW: Fish and Wildlife Implementation of all plans and programs developed by the committee shall be through the member agencies and other cooperating organizations. [2000 c 149 § 1.] 77.60.150 Oyster reserve land—Pilot project— Advisory committee—Report—Lease administration. (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 longterm lease agreements with commercial shellfish growers. Except as provided in subsection (4) 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 shall submit a brief progress report on the status of the pilot programs to the appropriate standing committees of the legislature by January 7, 2003. (4) 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 79.96.090. Vacation of state oyster reserves by the department of fish and wildlife 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 of fish and wildlife may not assess charges to recover the costs of consulting with the department of natural resources under this subsection. (5) The Puget Sound pilot program shall not include the culture of geoduck. [2001 c 273 § 1.] 77.60.160 Oyster reserve land account. (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. [Title 77 RCW—page 72] (2) Funds in the account shall be used for the purposes provided for in this subsection: (a) Up to forty percent for the management expenses incurred by the department that are directly attributable to the management of the oyster reserve lands and for the expenses associated with new 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; (b) Up to ten percent may be deposited into the state general fund; and (c) All remaining funds in the account shall be used for the shellfish - on-site sewage grant program established in RCW 90.71.100. [2001 c 273 § 2.] Chapter 77.65 FOOD FISH AND SHELLFISH— COMMERCIAL LICENSES Sections 77.65.010 77.65.020 77.65.030 77.65.040 77.65.050 77.65.060 77.65.070 77.65.080 77.65.090 77.65.100 77.65.110 77.65.120 77.65.130 77.65.140 77.65.150 77.65.160 77.65.170 77.65.180 77.65.190 77.65.200 77.65.210 77.65.220 77.65.230 77.65.240 77.65.250 77.65.260 77.65.270 77.65.280 77.65.290 Commercial licenses and permits required—Exemption. Transfer of licenses—Restrictions—Fees—Inheritability. Commercial licenses and permits—Application deadline— Exception. Commercial licenses—Qualifications—Limited-entry license—Nonsalmon delivery license. Application for commercial licenses and permits— Replacement. No commercial fishery during year—License requirement waived or license fees refunded. Licensees subject to statute and rules—Licenses not subject to security interest or lien—Expiration and renewal of licenses. License suspension—Noncompliance with support order— Reissuance. Vessel substitution. Vessel designation. Alternate operator designation—Fee. Sale or delivery of food fish or shellfish—Conditions— Charter boat operation. Vessel operation—License designation—Alternate operator license required. Alternate operators—Increase for certain licenses. Charter licenses and angler permits—Fees—"Charter boat" defined—Oregon charter boats—License renewal. Commercial salmon fishery licenses—Gear and geographic designations—Fees. Salmon delivery license—Fee—Restrictions—Revocation. Oregon, California harvested salmon—Landing in Washington ports encouraged. Emergency salmon delivery license—Fee—Nontransferable, nonrenewable. Commercial fishery licenses for food fish fisheries—Fees— Rules for species, gear, and areas. Nonlimited entry delivery license—Limitations—Fee. Commercial fishery licenses for shellfish fisheries—Fees— Rules for species, gear, and areas. Surcharge on Dungeness crab-coastal fishery licenses and Dungeness crab-coastal class B fishery licenses— Dungeness crab appeals account. Surcharge on Dungeness crab-coastal fishery license and Dungeness crab-coastal class B fishery license—Coastal crab account. Hardshell clam mechanical harvester fishery license. State oyster reserves—Oyster reserve fishery license. Oyster cultch permit. Wholesale fish dealer’s license—Fee—Exemption. Wholesale fish dealer licenses—Display. (2002 Ed.) Food Fish and Shellfish—Commercial Licenses 77.65.300 77.65.310 77.65.320 77.65.330 77.65.340 77.65.350 77.65.360 77.65.370 77.65.380 77.65.390 77.65.400 77.65.410 77.65.420 77.65.430 77.65.440 77.65.450 77.65.460 77.65.480 77.65.490 77.65.500 77.65.510 77.65.515 77.65.520 77.65.900 Wholesale fish dealer may be a fish buyer. Wholesale fish dealers—Documentation of commercial harvest. Wholesale fish dealers—Performance bond. Wholesale fish dealers—Performance bond—Payment of liability. Fish buyer’s license—Fee. Salmon charter crew member—Salmon roe license—Sale of salmon roe—Conditions. License fee increases—Disposition. Professional salmon guide license. Ocean pink shrimp—Defined. Ocean pink shrimp—Delivery license—Fee. Emerging commercial fishery—Trial or experimental fishery—Licenses and permits. Geoduck diver license. Wild salmonid policy—Establishment. Wild salmonid policy—Management strategies and gear types. Alternate operator—Geoduck diver—Salmon guide—Fees. Trapper’s license. Trapper’s license—Training program or examination requisite for issuance to initial licensee. Taxidermist, fur dealer, fishing guide, game farmer, anadromous game fish buyer—Licenses—Fish stocking and game contest permits. Activities requiring license/permit. Reports required from persons with licenses or permits under RCW 77.65.480. Direct retail endorsement—Fee—Responsibilities of holder. Direct retail endorsement—Requirements. Direct retail endorsement—Compliance—Violations— Suspension. Effective date—1989 c 316. 77.65.010 Commercial licenses and permits required—Exemption. (1) Except as otherwise provided by this title, a person may not engage in any of the following activities without a license or permit issued by the director: (a) Commercially fish for or take food fish or shellfish; (b) Deliver food fish or shellfish taken in offshore waters; (c) Operate a charter boat or commercial fishing vessel engaged in a fishery; (d) Engage in processing or wholesaling food fish or shellfish; or (e) Act as a guide for salmon for personal use in freshwater rivers and streams, other than that part of the Columbia river below the bridge at Longview. (2) No person may engage in the activities described in subsection (1) of this section unless the licenses or permits 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 or permit 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 or permit requirements established by this subsection applies only if the aquatic products are identified in conformance (2002 Ed.) Chapter 77.65 with those rules. [1998 c 190 § 93; 1997 c 58 § 883; 1993 c 340 § 2; 1991 c 362 § 1; 1985 c 457 § 18; 1983 1st ex.s. c 46 § 101; 1959 c 309 § 2; 1955 c 12 § 75.28.010. Prior: 1949 c 112 § 73; Rem. Supp. 1949 § 5780-511. Formerly RCW 75.28.010.] 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 § 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 § 57.] Effective date—1993 c 340: "This act shall take effect January 1, 1994." [1993 c 340 § 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 § 59.] 77.65.020 Transfer of licenses—Restrictions— Fees—Inheritability. (1) Unless otherwise provided in this title, a license issued under this chapter is not transferable from the license holder to any other person. (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 resident license renewal fee if the license is not limited under chapter 77.70 RCW; (ii) Three and one-half times the resident 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; (iv) Five hundred dollars if the license is a Dungeness crab-coastal fishery license; or (v) If a license is transferred from a resident to a nonresident, an additional fee is assessed that is equal to the difference between the resident and nonresident license fees at the time of transfer, to be paid by the transferee. (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 and intesta[Title 77 RCW—page 73] 77.65.020 Title 77 RCW: Fish and Wildlife cy. Such licenses are subject to state laws governing wills, trusts, estates, intestate succession, and community property, except that such licenses are exempt from claims of creditors of the estate and 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. [2000 c 107 § 28; 1997 c 418 § 1; 1995 c 228 § 1; 1993 sp.s. c 17 § 34. Formerly RCW 75.28.011.] Contingent effective date—1993 sp.s. c 17 §§ 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 § 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. 77.65.030 Commercial licenses and permits— Application deadline—Exception. The application deadline for a commercial license or permit established in this chapter is December 31st of the calendar year for which the license or permit is sought. The department shall accept no license or permit applications after December 31st of the calendar year for which the license or permit is sought. The application deadline in this section does not apply to a license or permit that has not been renewed because of the death of the license or permit holder. The license or permit holder’s surviving spouse, estate, or estate beneficiary must be given a reasonable opportunity to renew the license or permit. [2001 c 244 § 2; 1993 c 340 § 3; 1986 c 198 § 8; 1983 1st ex.s. c 46 § 103; 1981 c 201 § 1; 1965 ex.s. c 57 § 1; 1959 c 309 § 4; 1957 c 171 § 3. Formerly RCW 75.28.014.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.65.040 Commercial licenses—Qualifications— Limited-entry license—Nonsalmon delivery license. (1) Except as otherwise provided in this title, a person may hold a commercial license established by this chapter. (2) Except as otherwise provided in this title, an individual may hold a commercial license only if the individual is sixteen years of age or older and a bona fide resident of the United States. (3) A corporation may hold a commercial license only if it is authorized to do business in this state. (4) No person may hold a limited-entry license unless the person meets the qualifications that this title establishes for the license. (5) The residency requirements in subsection (2) of this section do not apply to holders of nonsalmon delivery licenses. [2000 c 107 § 29; 1994 c 244 § 1; 1993 c 340 § 4; 1989 c 47 § 1; 1983 1st ex.s. c 46 § 104; 1963 c 171 § 1; 1955 c 12 § 75.28.020. Prior: 1953 c 207 § 9; 1949 c 112 § 63; Rem. Supp. 1949 § 5780-501. Formerly RCW 75.28.020.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.65.050 Application for commercial licenses and permits—Replacement. (1) Except as otherwise provided in this title, the director shall issue commercial licenses and [Title 77 RCW—page 74] permits to a qualified person upon receiving a completed application accompanied by the required fee. (2) An application submitted to the department under this chapter shall contain the name and address of the applicant and any other information required by the department or this title. An applicant for a commercial fishery license or delivery license may designate a vessel to be used with the license. An applicant for a commercial fishery license or delivery license may also designate up to two alternate operators. (3) An application submitted to the department under this chapter shall contain the applicant’s declaration under penalty of perjury that the information on the application is true and correct. (4) Upon issuing a commercial license under this chapter, the director shall assign the license a unique number that the license shall retain upon renewal. The department shall use the number to record any commercial catch under the license. This does not preclude the department from using other, additional, catch record methods. (5) The fee to replace a license that has been lost or destroyed is twenty dollars. [1998 c 267 § 1; 1993 sp.s. c 17 § 44; (1993 c 340 § 5 repealed by 1993 sp.s. c 17 § 47); 1983 1st ex.s. c 46 § 105; 1959 c 309 § 7; 1955 c 12 § 75.28.030. Prior: 1953 c 207 § 2; 1949 c 112 § 65; Rem. Supp. 1949 § 5780-503. Formerly RCW 75.28.030.] Effective date—1998 c 267: "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 267 § 5.] Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020. Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. 77.65.060 No commercial fishery during year— License requirement waived or license fees refunded. If, for any reason, the department does not allow any opportunity for a commercial fishery during a calendar year, the director shall either: (1) Waive the requirement to obtain a license for that commercial fishery for that year; or (2) refund applicable license fees upon return of the license. [2000 c 107 § 30; 1995 c 227 § 1. Formerly RCW 75.28.034.] 77.65.070 Licensees subject to statute and rules— Licenses not subject to security interest or lien— Expiration and renewal of licenses. (1) A commercial license issued under this chapter permits the license holder to engage in the activity for which the license is issued in accordance with this title and the rules of the department. (2) No security interest or lien of any kind, including tax liens, may be created or enforced in a license issued under this chapter. (3) Unless otherwise provided in this title or rules of the department, commercial licenses and permits issued under this chapter expire at midnight on December 31st of the calendar year for which they are issued. In accordance with this title, licenses may be renewed annually upon application and payment of the prescribed license fees. In accordance with RCW 77.65.030, the department must provide a license or permit holder’s surviving spouse, estate, or estate benefi(2002 Ed.) Food Fish and Shellfish—Commercial Licenses ciary a reasonable opportunity to renew the license or permit. [2001 c 244 § 3; 1996 c 267 § 27; 1993 c 340 § 6; 1983 1st ex.s. c 46 § 108; 1955 c 212 § 2; 1955 c 12 § 75.28.040. Prior: 1949 c 112 § 64; Rem. Supp. 1949 § 5780-502. Formerly RCW 75.28.040.] Intent—Effective date—1996 c 267: See notes following RCW 77.12.177. Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.65.080 License suspension—Noncompliance with support order—Reissuance. (1) The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. (2) A listing on the department of licensing’s data base that an individual’s license is currently suspended pursuant to RCW 46.20.291(8) shall be prima facie evidence that the individual is in noncompliance with a support order. Presentation of a written release issued by the department of social and health services or a court stating that the person is in compliance with an order shall serve as proof of compliance. [2000 c 107 § 31; 1997 c 58 § 882. Formerly RCW 75.28.042.] 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. 77.65.090 Vessel substitution. This section applies to all commercial fishery licenses, delivery licenses, and charter licenses, except for emergency salmon delivery licenses. (1) The holder of a license subject to this section may substitute the vessel designated on the license or designate a vessel if none has previously been designated if the license holder: (a) Surrenders the previously issued license to the department; (b) Submits to the department an application that identifies the currently designated vessel, the vessel proposed to be designated, and any other information required by the department; and (c) Pays to the department a fee of thirty-five dollars. (2) Unless the license holder owns all vessels identified on the application described in subsection (1)(b) of this section or unless the vessel is designated on a Dungeness crab-coastal or a Dungeness crab-coastal class B fishery license, the following restrictions apply to changes in vessel designation: (a) The department shall change the vessel designation on the license no more than four times per calendar year. (b) The department shall change the vessel designation on the license no more than once in any seven-day period. [1994 c 260 § 11; 1993 sp.s. c 17 § 45. Formerly RCW 75.28.044.] Finding—Severability—1994 c 260: See notes following RCW 77.70.280. Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280. (2002 Ed.) 77.65.070 Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020. Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. 77.65.100 Vessel designation. This section applies to all commercial fishery licenses, delivery licenses, and charter licenses. (1) An applicant for a license subject to this section may designate a vessel to be used with the license. Except for emergency salmon delivery licenses, the director may issue a license regardless of whether the applicant designates a vessel. An applicant may designate no more than one vessel on a license subject to this section. (2) A license for a fishery that requires a vessel authorizes no taking or delivery of food fish or shellfish unless a vessel is designated on the license. A delivery license authorizes no delivery of food fish or shellfish unless a vessel is designated on the license. (3) No vessel may be designated on more than one commercial fishery license unless the licenses are for different fisheries, except the same vessel may be designated on two of the following licenses, provided the licenses are owned by the same licensee: (a) Puget Sound Dungeness crab fishery license; (b) Shrimp pot-Puget Sound fishery license; (c) Sea cucumber dive fishery license; and (d) Sea urchin dive fishery license. (4) No vessel may be designated on more than one delivery license, on more than one salmon charter license, or on more than one nonsalmon charter license. [2001 c 105 § 3; 1998 c 190 § 94; 1993 c 340 § 7. Formerly RCW 75.28.045.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.65.110 Alternate operator designation—Fee. This section applies to all commercial fishery licenses, charter boat license[s], and delivery licenses. (1) A person designated as an alternate operator must possess an alternate operator license issued under RCW 77.65.130, and be designated on the license prior to engaging in the activities authorized by the license. The holder of the commercial fishery license, charter boat license, or delivery license may designate up to two alternate operators for the license, except: (a) Whiting—Puget Sound fishery licensees may not designate alternate operators; (b) Emergency salmon delivery licensees may not designate alternate operators; (c) Shrimp pot-Puget Sound fishery licensees may designate no more than one alternate operator at a time; and (d) Shrimp trawl-Puget Sound fishery licensees may designate no more than one alternate operator at a time. (2) The fee to change the alternate operator designation is twenty-two dollars. [2001 c 105 § 4; 2000 c 107 § 32; 1998 c 267 § 2; 1994 c 260 § 12; 1993 c 340 § 9. Formerly RCW 75.28.046.] Effective date—1998 c 267: See note following RCW 77.65.050. Finding—Severability—1994 c 260: See notes following RCW 77.70.280. [Title 77 RCW—page 75] 77.65.110 Title 77 RCW: Fish and Wildlife Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280. Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.65.120 Sale or delivery of food fish or shellfish— Conditions—Charter boat operation. (1) Only the license holder and any alternate operators designated on the license may sell or deliver food fish or shellfish under a commercial fishery license or delivery license. A commercial fishery license or delivery license authorizes no taking or delivery of food fish or shellfish unless the license holder or an alternate operator designated on the license is present or aboard the vessel. (2) Notwithstanding RCW 77.65.010(1)(c), an alternate operator license is not required for an individual to operate a vessel as a charter boat. [2000 c 107 § 33; 1998 c 267 § 3; 1993 c 340 § 10. Formerly RCW 75.28.047.] Effective date—1998 c 267: See note following RCW 77.65.050. Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.65.130 Vessel operation—License designation— Alternate operator license required. (1) A person who holds a commercial fishery license or a delivery license may operate the vessel designated on the license. A person who is not the license holder may operate the vessel designated on the license only if: (a) The person holds an alternate operator license issued by the director; and (b) The person is designated as an alternate operator on the underlying commercial fishery license or delivery license under RCW 77.65.110. (2) Only an individual at least sixteen years of age may hold an alternate operator license. (3) No individual may hold more than one alternate operator license. An individual who holds an alternate operator license may be designated as an alternate operator on an unlimited number of commercial fishery licenses or delivery licenses under RCW 77.65.110. (4) An individual who holds two Dungeness crab— Puget Sound fishery licenses may operate the licenses on one vessel if the vessel owner or alternate operator is on the vessel. The department shall allow a license holder to operate up to one hundred crab pots for each license. (5) As used in this section, to "operate" means to control the deployment or removal of fishing gear from state waters while aboard a vessel or to operate a vessel delivering food fish or shellfish taken in offshore waters to a port within the state. [2000 c 107 § 34; 1998 c 267 § 4; 1997 c 233 § 2; 1993 c 340 § 25. Formerly RCW 75.28.048.] Effective date—1998 c 267: See note following RCW 77.65.050. Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.65.140 Alternate operators—Increase for certain licenses. The director may, by rule, increase the number of alternate operators beyond the level authorized by RCW 77.65.050 and 77.65.110 for a commercial fishery license, delivery license, or charter license. [2000 c 107 § 35; 1997 c 421 § 1. Formerly RCW 75.28.055.] [Title 77 RCW—page 76] 77.65.150 Charter licenses and angler permits— Fees—"Charter boat" defined—Oregon charter boats— License renewal. (1) The director shall issue the charter licenses and angler permits listed in this section according to the requirements of this title. The licenses and permits and their annual fees and surcharges are: License or Permit Annual Fee (RCW 77.95.090 Surcharge) Resident (a) Nonsalmon charter (b) Salmon charter (c) Salmon angler (d) Salmon roe Governing Section Nonresident $225 $375 $380 $685 RCW 77.70.050 (plus $100) (plus $100) $ 0 $ 0 RCW 77.70.060 $ 95 $ 95 RCW 77.65.350 (2) A salmon charter license designating a vessel is required to operate a charter boat to take salmon, other food fish, and shellfish. The director may issue a salmon charter license only to a person who meets the qualifications of RCW 77.70.050. (3) A nonsalmon charter license designating a vessel is required to operate a charter boat to take food fish other than salmon and shellfish. As used in this subsection, "food fish" does not include salmon. (4) "Charter boat" means a vessel from which persons may, for a fee, fish for food fish or shellfish for personal use, and that brings food fish or shellfish into state ports or brings food fish or shellfish taken from state waters into United States ports. The director may specify by rule when a vessel is a "charter boat" within this definition. "Charter boat" does not mean a vessel used by a guide for clients fishing for food fish for personal use in freshwater rivers, streams, and lakes, other than Lake Washington or that part of the Columbia River below the bridge at Longview. (5) A charter boat licensed in Oregon may fish without a Washington charter license under the same rules as Washington charter boat operators in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers. The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations. (6) A salmon charter license under subsection (1)(b) of this section may be renewed if the license holder notifies the department by May 1st of that year that he or she will not participate in the fishery during that calendar year. The license holder must pay the one hundred-dollar enhancement surcharge, plus a fifteen-dollar handling charge, in order to be considered a valid renewal and eligible to renew the license the following year. [2000 c 107 § 36; 1998 c 190 § 95; 1997 c 76 § 2; 1995 c 104 § 1; 1993 sp.s. c 17 § 41. Prior: (1993 c 340 § 21 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 2; 1989 c 147 § 1; 1989 c 47 § 2; 1988 c 9 § 1; 1983 1st ex.s. c 46 § 112; 1979 c 60 § 1; 1977 ex.s. c 327 § 5; 1971 ex.s. c 283 § 15; 1969 c 90 § 1. Formerly RCW 75.28.095.] Effective date—1997 c 76: See note following RCW 77.65.160. Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020. (2002 Ed.) Food Fish and Shellfish—Commercial Licenses Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. Severability—1979 c 60: "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." [1979 c 60 § 4.] Legislative intent—Funding of salmon enhancement facilities—Use of license fees—1977 ex.s. c 327: "The long range economic development goals for the state of Washington shall include the restoration of salmon runs to provide an increased supply of this valuable renewable resource for the benefit of commercial and recreational users and the economic wellbeing of the state. For the purpose of providing funds for the planning, acquisition, construction, improvement, and operation of salmon enhancement facilities within the state it is the intent of the legislature that the revenues received from fees from the issuance of vessel delivery permits, charter boat licenses, trolling gear licenses, gill net gear licenses, purse seine gear licenses, reef net gear licenses, anadromous salmon angling licenses and all moneys received from all privilege fees and fish sales taxes collected on fresh or frozen salmon or parts thereof be utilized to fund such costs. The salmon enhancement program funded by commercial and recreational fishing fees and taxes shall be for the express benefit of all persons whose fishing activities fall under the management authority of the Washington department of fisheries and who actively participate in the funding of the enhancement costs through the fees and taxes set forth in chapters 75.28 and 82.27 RCW or through other adequate funding methods." [1980 c 98 § 8; 1977 ex.s. c 327 § 1. Formerly RCW 75.18.100.] Declaration of state policy—1977 ex.s. c 327: "The legislature, recognizing that anadromous salmon within the waters of the state and offshore waters are fished for both recreational and commercial purposes and that the recreational anadromous salmon fishery is a major recreational and economic asset to the state and improves the quality of life for all residents of the state, declares that it is the policy of the state to enhance and improve recreational anadromous salmon fishing in the state." [1977 ex.s. c 327 § 10. Formerly RCW 75.28.600.] Severability—1977 ex.s. c 327: "If any provision of this 1977 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." [1977 ex.s. c 327 § 34.] Effective date—1977 ex.s. c 327: "This 1977 amendatory act shall take effect on January 1, 1978." [1977 ex.s. c 327 § 35.] Effective dates—1971 ex.s. c 283: See note following RCW 77.65.170. Limitation on issuance of salmon charter boat licenses: RCW 77.70.050. Salmon charter boats—Angler permit, when required: RCW 77.70.060. 77.65.160 Commercial salmon fishery licenses— Gear and geographic designations—Fees. (1) The following commercial salmon fishery licenses are required for the license holder to use the specified gear to fish for salmon in state waters. Only a person who meets the qualifications of RCW 77.70.090 may hold a license listed in this subsection. The licenses and their annual fees and surcharges under RCW 77.95.090 are: Fishery License (a) Salmon Gill Net—Grays Harbor-Columbia river (b) Salmon Gill Net—Puget Sound (c) Salmon Gill Net—Willapa Bay-Columbia river (d) Salmon purse seine (e) Salmon reef net (f) Salmon troll Resident Fee Nonresident Fee Surcharge $380 $685 plus $100 $380 $685 plus $100 $380 $685 plus $100 $530 $380 $380 $985 $685 $685 plus $100 plus $100 plus $100 (2) A license issued under this section authorizes no taking or delivery of salmon or other food fish unless a vessel is designated under RCW 77.65.100. (2002 Ed.) 77.65.150 (3) Holders of commercial salmon fishery licenses may retain incidentally caught food fish other than salmon, subject to rules of the department. (4) A salmon troll license includes a salmon delivery license. (5) A salmon gill net license authorizes the taking of salmon only in the geographical area for which the license is issued. The geographical designations in subsection (1) of this section have the following meanings: (a) "Puget Sound" includes waters of the Strait of Juan de Fuca, Georgia Strait, Puget Sound and all bays, inlets, canals, coves, sounds, and estuaries lying easterly and southerly of the international boundary line and a line at the entrance to the Strait of Juan de Fuca projected northerly from Cape Flattery to the lighthouse on Tatoosh Island and then to Bonilla Point on Vancouver Island. (b) "Grays Harbor-Columbia river" includes waters of Grays Harbor and tributary estuaries lying easterly of a line projected northerly from Point Chehalis Light to Point Brown and those waters of the Columbia river and tributary sloughs and estuaries easterly of a line at the entrance to the Columbia river projected southerly from the most westerly point of the North jetty to the most westerly point of the South jetty. (c) "Willapa Bay-Columbia river" includes waters of Willapa Bay and tributary estuaries and easterly of a line projected northerly from Leadbetter Point to the Cape Shoalwater tower and those waters of the Columbia river and tributary sloughs described in (b) of this subsection. (6) A commercial salmon troll fishery license may be renewed under this section if the license holder notifies the department by May 1st of that year that he or she will not participate in the fishery during that calendar year. A commercial salmon gill net, reef net, or seine fishery license may be renewed under this section if the license holder notifies the department before the third Monday in September of that year that he or she will not participate in the fishery during that calendar year. The license holder must pay the one hundred-dollar enhancement surcharge, plus a fifteen-dollar handling charge before the third Monday in September, in order to be considered a valid renewal and eligible to renew the license the following year. (7) Notwithstanding the annual license fees and surcharges established in subsection (1) of this section, a person who holds a resident commercial salmon fishery license shall pay an annual license fee of one hundred dollars plus the surcharge if all of the following conditions are met: (a) The license holder is at least seventy-five years of age; (b) The license holder owns a fishing vessel and has fished with a resident commercial salmon fishery license for at least thirty years; and (c) The commercial salmon fishery license is for a geographical area other than the Puget Sound. An alternate operator may not be designated for a license renewed at the one hundred dollar annual fee under this subsection (7). [2001 c 244 § 1; 2000 c 107 § 37; 1997 c 76 § 1; 1996 c 267 § 28; 1993 sp.s. c 17 § 35; (1993 c 340 § 12 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 3; 1985 c 107 § 1; 1983 1st ex.s. c 46 § 113; 1965 ex.s. c 73 § 2; 1959 c 309 § 10; 1955 c 12 § 75.28.110. Prior: 1951 [Title 77 RCW—page 77] 77.65.160 Title 77 RCW: Fish and Wildlife c 271 § 9; 1949 c 112 § 69(1); Rem. Supp. 1949 § 5780507(1). Formerly RCW 75.28.110.] Effective date—1997 c 76: "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 19, 1997]." [1997 c 76 § 3.] Intent—Effective date—1996 c 267: See notes following RCW 77.12.177. Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020. Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. Limitations on issuance of commercial salmon fishing licenses: RCW 77.70.090. 77.65.170 Salmon delivery license—Fee— Restrictions—Revocation. (1) A salmon delivery license is required to deliver salmon taken in offshore waters to a place or port in the state. The annual fee for a salmon delivery license is three hundred eighty dollars for residents and six hundred eighty-five dollars for nonresidents. The annual surcharge under RCW 77.95.090 is one hundred dollars for each license. Holders of nonlimited entry delivery licenses issued under RCW 77.65.210 may apply the nonlimited entry delivery license fee against the salmon delivery license fee. (2) Only a person who meets the qualifications established in RCW 77.70.090 may hold a salmon delivery license issued under this section. (3) A salmon delivery license authorizes no taking of salmon or other food fish or shellfish from the waters of the state. (4) If the director determines that the operation of a vessel under a salmon delivery license results in the depletion or destruction of the state’s salmon resource or the delivery into this state of salmon products prohibited by law, the director may revoke the license under the procedures of chapter 34.05 RCW. [2000 c 107 § 38; 1998 c 190 § 96; 1994 c 260 § 22; 1993 sp.s. c 17 § 36; (1993 c 340 § 13 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 4; 1983 1st ex.s. c 46 § 115; 1977 ex.s. c 327 § 3; 1971 ex.s. c 283 § 1; 1955 c 12 § 75.18.080. Prior: 1953 c 147 § 9. Formerly RCW 75.28.113, 75.18.080.] Finding—Severability—1994 c 260: See notes following RCW 77.70.280. Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280. Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020. Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. Legislative intent—Funding of salmon enhancement facilities—Use of license fees—Severability—Effective date—1977 ex.s. c 327: See notes following RCW 77.65.150. Effective dates—1971 ex.s. c 283: "The provisions of this 1971 amendatory act are necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately. The provisions of sections 1 to 10 inclusive of this 1971 amendatory act shall take effect on January 1, 1972." [1971 ex.s. c 283 § 16.] Limitations on issuance of salmon delivery licenses: RCW 77.70.090. 77.65.180 Oregon, California harvested salmon— Landing in Washington ports encouraged. (1) The [Title 77 RCW—page 78] legislature finds that landing salmon into the ports of Washington state, regardless of where such salmon have been harvested, is economically beneficial to those ports as well as to the citizens of the state of Washington. It is therefore the intent of the legislature to encourage this practice. (2) Notwithstanding the provisions of RCW 77.65.010(1)(b) and 77.65.170, a Washington citizen who holds a valid Oregon or California salmon troll license may land salmon taken during lawful seasons in Oregon and California into Washington ports without obtaining a salmon delivery license. This exception is valid only when the salmon were taken in offshore waters south of Cape Falcon. (3) The department shall adopt rules necessary to implement this section, including rules identifying the appropriate methods for verifying that salmon were in fact taken south of Cape Falcon. [2000 c 107 § 39; 1999 c 103 § 1. Formerly RCW 75.28.114.] 77.65.190 Emergency salmon delivery license— Fee—Nontransferable, nonrenewable. A person who does not qualify for a license under RCW 77.70.090 shall obtain a nontransferable emergency salmon delivery license to make one delivery of salmon taken in offshore waters. The director shall not issue an emergency salmon delivery license unless, as determined by the director, a bona fide emergency exists. The license fee is two hundred twenty-five dollars for residents and four hundred seventy-five dollars for nonresidents. An applicant for an emergency salmon delivery license shall designate no more than one vessel that will be used with the license. Alternate operator licenses are not required of persons delivering salmon under an emergency salmon delivery license. Emergency salmon delivery licenses are not renewable. [2000 c 107 § 40; 1993 sp.s. c 17 § 37; (1993 c 340 § 14 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 5; 1984 c 80 § 1. Prior: 1983 1st ex.s. c 46 § 116; 1983 c 297 § 1; 1977 ex.s. c 327 § 4; 1974 ex.s. c 184 § 3. Formerly RCW 75.28.116, 75.28.460.] Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020. Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. Legislative intent—Funding of salmon enhancement facilities—Use of license fees—Severability—Effective date—1977 ex.s. c 327: See notes following RCW 77.65.150. Legislative intent—Severability—1974 ex.s. c 184: See notes following RCW 77.70.090. 77.65.200 Commercial fishery licenses for food fish fisheries—Fees—Rules for species, gear, and areas. (1) This section establishes commercial fishery licenses required for food fish fisheries and the annual fees for those licenses. As used in this section, "food fish" does not include salmon. The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title. Fishery (Governing section(s)) (a) Baitfish Lampara (b) Baitfish purse seine (c) Bottom fish jig (d) Bottom fish pot (e) Bottom fish troll Annual Fee Vessel Resident Nonresident Required? $185 $295 Yes $530 $985 Yes $130 $185 Yes $130 $185 Yes $130 $185 Yes Limited Entry? No No No No No (2002 Ed.) Food Fish and Shellfish—Commercial Licenses (f) Carp $130 (g) Columbia river smelt $380 (h) Dog fish set net $130 (i) Emerging commercial $185 fishery (RCW 77.70.160 and 77.65.400) (j) Food fish drag seine $130 (k) Food fish set line $130 (l) Food fish trawl$240 Non-Puget Sound (m) Food fish trawl$185 Puget Sound (n) Herring dip bag net $175 (RCW 77.70.120) (o) Herring drag seine $175 (RCW 77.70.120) (p) Herring gill net $175 (RCW 77.70.120) (q) Herring Lampara $175 (RCW 77.70.120) (r) Herring purse seine $175 (RCW 77.70.120) (s) Herring spawn-on-kelp N/A (RCW 77.70.210) (t) Smelt dip bag net $130 (u) Smelt gill net $380 (v) Whiting-Puget Sound $295 (RCW 77.70.130) $185 $685 $185 $295 No No No No Yes No Determined Determined by rule by rule $185 $185 $405 Yes Yes Yes No No No $295 Yes No $275 Yes Yes $275 Yes Yes $275 Yes Yes $275 Yes Yes $275 Yes Yes N/A Yes Yes $185 $685 $520 No Yes Yes No No Yes (2) The director may by rule determine the species of food fish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take food fish in that fishery. [2000 c 107 § 41; 1993 sp.s. c 17 § 38; (1993 c 340 § 15 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 6; 1983 1st ex.s. c 46 § 117; 1965 ex.s. c 73 § 3; 1959 c 309 § 11; 1955 c 12 § 75.28.120. Prior: 1951 c 271 § 10; 1949 c 112 § 69(2); Rem. Supp. 1949 § 5780-507(2). Formerly RCW 75.28.120.] Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020. Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. Limitation on commercial herring fishing: RCW 77.70.120. 77.65.210 Nonlimited entry delivery license— Limitations—Fee. (1) Except as provided in subsection (2) of this section, a person may not use a commercial fishing vessel to deliver food fish or shellfish taken in offshore waters to a port in the state without a nonlimited entry delivery license. As used in this section, "food fish" does not include salmon. As used in this section, "shellfish" does not include ocean pink shrimp or coastal crab. The annual license fee for a nonlimited entry delivery license is one hundred ten dollars for residents and two hundred dollars for nonresidents. (2) Holders of salmon troll fishery licenses issued under RCW 77.65.160, salmon delivery licenses issued under RCW 77.65.170, crab pot fishery licenses issued under RCW 77.65.220, food fish trawl—Non-Puget Sound fishery licenses issued under RCW 77.65.200, Dungeness crab— coastal fishery licenses, ocean pink shrimp delivery licenses, and shrimp trawl—Non-Puget Sound fishery licenses issued (2002 Ed.) 77.65.200 under RCW 77.65.220 may deliver food fish or shellfish taken in offshore waters without a nonlimited entry delivery license. (3) A nonlimited entry delivery license authorizes no taking of food fish or shellfish from state waters. [2000 c 107 § 42; 1998 c 190 § 97; 1994 c 260 § 21. Prior: 1993 sp.s. c 17 § 39; 1993 c 376 § 3; (1993 c 340 § 16 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 7; 1983 1st ex.s. c 46 § 119; 1971 ex.s. c 283 § 5; 1965 ex.s. c 73 § 1; 1959 c 309 § 5. Formerly RCW 75.28.125, 75.28.085.] Finding—Severability—1994 c 260: See notes following RCW 77.70.280. Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280. Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020. Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. Findings—Effective date—1993 c 376: See notes following RCW 77.65.380. Effective dates—1971 ex.s. c 283: See note following RCW 77.65.170. 77.65.220 Commercial fishery licenses for shellfish fisheries—Fees—Rules for species, gear, and areas. (1) This section establishes commercial fishery licenses required for shellfish fisheries and the annual fees for those licenses. The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title. Fishery Annual Fee Vessel Limited (Governing section(s)) Resident Nonresident Required? Entry? (a) Burrowing shrimp $185 $295 Yes No (b) Crab ring net$130 $185 Yes No Non-Puget Sound (c) Crab ring net$130 $185 Yes No Puget Sound (d) Dungeness crab$295 $520 Yes Yes coastal (RCW 77.70.280) (e) Dungeness crab$295 $520 Yes Yes coastal, class B (RCW 77.70.280) (f) Dungeness crab$130 $185 Yes Yes Puget Sound (RCW 77.70.110) (g) Emerging commercial $185 $295 Determined Determined fishery (RCW 77.70.160 by rule by rule and 77.65.400) (h) Geoduck (RCW $ 0 $ 0 Yes Yes 77.70.220) (i) Hardshell clam $530 $985 Yes No mechanical harvester (RCW 77.65.250) (j) Oyster reserve $130 $185 No No (RCW 77.65.260) (k) Razor clam $130 $185 No No (l) Sea cucumber dive $130 $185 Yes Yes (RCW 77.70.190) (m) Sea urchin dive $130 $185 Yes Yes (RCW 77.70.150) (n) Shellfish dive $130 $185 Yes No (o) Shellfish pot $130 $185 Yes No (p) Shrimp pot$185 $295 Yes Yes Puget Sound (RCW 77.70.410) (q) Shrimp trawl$240 $405 Yes No Non-Puget Sound [Title 77 RCW—page 79] 77.65.220 (r) Shrimp trawlPuget Sound (RCW 77.70.420) (s) Squid Title 77 RCW: Fish and Wildlife $185 $295 Yes Yes $185 $295 Yes No (2) The director may by rule determine the species of shellfish that may be taken with the commercial fishery licenses established in this section, the gear that may be used with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been established for a particular species, gear, geographical area, or combination thereof, a more general fishery license may not be used to take shellfish in that fishery. [2000 c 107 § 43; 1999 c 239 § 2; 1994 c 260 § 14; 1993 sp.s. c 17 § 40; (1993 c 340 § 17 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 8; 1983 1st ex.s. c 46 § 120; 1977 ex.s. c 327 § 6; 1971 ex.s. c 283 § 7; 1965 ex.s. c 73 § 4; 1959 c 309 § 12; 1955 c 12 § 75.28.130. Prior: 1951 c 271 § 11; 1949 c 112 § 69(3); Rem. Supp. 1949 § 5780-507(3). Formerly RCW 75.28.130.] Finding—Purpose—Intent—1999 c 239: "The legislature finds that it is in the public interest to convert the Puget Sound shrimp fishery from the status of an emerging fishery to that of a limited entry fishery. The purpose of this act is to initiate this conversion, recognizing that additional details associated with the shrimp fishery limited entry program will need to be developed. The legislature intends to complete the development of the laws associated with this limited entry fishery program during the next regular legislative session and will consider recommendations from the industry and the department during this program." [1999 c 239 § 1.] Finding—Severability—1994 c 260: See notes following RCW 77.70.280. Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280. Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020. Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. Severability—Effective date—1977 ex.s. c 327: See notes following RCW 77.65.150. Effective dates—1971 ex.s. c 283: See note following RCW 77.65.170. Dungeness crab-Puget Sound fishery license endorsement: RCW 77.70.110. 77.65.230 Surcharge on Dungeness crab-coastal fishery licenses and Dungeness crab-coastal class B fishery licenses—Dungeness crab appeals account. A surcharge of fifty dollars shall be collected with each Dungeness crab-coastal fishery license issued under RCW 77.65.220 until June 30, 2000, and with each Dungeness crab-coastal class B fishery license issued under RCW 77.65.220 until December 31, 1997. Moneys collected under this section shall be placed in the Dungeness crab appeals account hereby created in the state treasury. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be used for processing appeals related to the issuance of Dungeness crab-coastal fishery licenses. [2000 c 107 § 44; 1994 c 260 § 15. Formerly RCW 75.28.132.] Finding—Severability—1994 c 260: See notes following RCW 77.70.280. Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note following RCW 77.70.280. [Title 77 RCW—page 80] 77.65.240 Surcharge on Dungeness crab-coastal fishery license and Dungeness crab-coastal class B fishery license—Coastal crab account. A surcharge of one hundred twenty dollars shall be collected with each Dungeness crab-coastal fishery license and with each Dungeness crab-coastal class B fishery license issued under RCW 77.65.220. Moneys collected under this section shall be placed in the coastal crab account created under RCW 77.70.320. [2000 c 107 § 45; 1997 c 418 § 5. Formerly RCW 75.28.133.] 77.65.250 Hardshell clam mechanical harvester fishery license. A hardshell clam mechanical harvester fishery license is required to operate a mechanical or hydraulic device for commercially harvesting clams, other than geoduck clams, unless the requirements of RCW 77.55.100 are fulfilled for the proposed activity. [2000 c 107 § 46; 1993 c 340 § 19; 1989 c 316 § 12; 1985 c 457 § 19; 1983 1st ex.s. c 46 § 125; 1979 ex.s. c 141 § 3; 1969 ex.s. c 253 § 3; 1955 c 212 § 8; 1955 c 12 § 75.28.280. Prior: 1951 c 271 § 26; 1949 c 112 § 70; Rem. Supp. 1949 § 5780-508. Formerly RCW 75.28.280.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Construction—Severability—1969 ex.s. c 253: See notes following RCW 77.60.070. 77.65.260 State oyster reserves—Oyster reserve fishery license. A person who commercially takes shellfish from state oyster reserves under RCW 77.60.050 must have an oyster reserve fishery license. [2000 c 107 § 47; 1993 c 340 § 20; 1989 c 316 § 14; 1983 1st ex.s. c 46 § 131; 1969 ex.s. c 91 § 2; 1955 c 12 § 75.28.290. Prior: 1951 c 271 § 27; 1949 c 112 § 71; Rem. Supp. 1949 § 5780-509. Formerly RCW 75.28.290.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.65.270 Oyster cultch permit. An oyster cultch permit is required for commercial cultching of oysters on state oyster reserves. The director shall require that ten percent of the cultch bags or other collecting materials be provided to the state after the oysters have set, for the purposes of increasing the supply of oysters on state oyster reserves and enhancing oyster supplies on public beaches. [1989 c 316 § 15. Formerly RCW 75.28.295.] 77.65.280 Wholesale fish dealer’s license—Fee— Exemption. A wholesale fish dealer’s license is required for: (1) A business in the state to engage in the commercial processing of food fish or shellfish, including custom canning or processing of personal use food fish or shellfish. (2) A business in the state to engage in the wholesale selling, buying, or brokering of food fish or shellfish. A wholesale fish dealer’s license is not required of those businesses which buy exclusively from Washington licensed wholesale dealers and sell solely at retail. (3) Fishermen who land and sell their catch or harvest in the state to anyone other than a licensed wholesale dealer (2002 Ed.) Food Fish and Shellfish—Commercial Licenses within or outside the state, unless the fisher has a direct retail endorsement. (4) A business to engage in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish. (5) A business employing a fish buyer as defined under RCW 77.65.340. The annual license fee for a wholesale dealer is two hundred fifty dollars. A wholesale fish dealer’s license is not required for persons engaged in the processing, wholesale selling, buying, or brokering of private sector cultured aquatic products as defined in RCW 15.85.020. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules. [2002 c 301 § 5; 2000 c 107 § 48; 1993 sp.s. c 17 § 43; 1989 c 316 § 16. Prior: 1985 c 457 § 20; 1985 c 248 § 1; 1983 1st ex.s. c 46 § 132; 1979 c 66 § 1; 1965 ex.s. c 28 § 1; 1955 c 212 § 11; 1955 c 12 § 75.28.300; prior: 1951 c 271 § 28; 1949 c 112 § 72(1); Rem. Supp. 1949 § 5780-510(1). Formerly RCW 75.28.300.] Finding—Effective date—2002 c 301: See notes following RCW 77.65.510. Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020. Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. 77.65.290 Wholesale fish dealer licenses—Display. Wholesale fish dealer licenses shall be displayed at the business premises of the licensee. [1993 c 340 § 52; 1983 1st ex.s. c 46 § 110; 1955 c 12 § 75.28.070. Prior: 1949 c 112 § 74, part; Rem. Supp. 1949 § 5780-512, part. Formerly RCW 75.28.302, 75.28.070.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.65.300 Wholesale fish dealer may be a fish buyer. A wholesale dealer who is an individual may be a fish buyer. [1985 c 248 § 3. Formerly RCW 75.28.305.] 77.65.310 Wholesale fish dealers—Documentation of commercial harvest. Wholesale fish dealers are responsible for documenting the commercial harvest of food fish and shellfish according to the rules of the department. The director may allow only wholesale fish dealers or their designees to receive the forms necessary for the accounting of the commercial harvest of food fish and shellfish. [1996 c 267 § 29; 1985 c 248 § 4. Formerly RCW 75.28.315.] Intent—Effective date—1996 c 267: See notes following RCW 77.12.177. 77.65.320 Wholesale fish dealers—Performance bond. (1) A wholesale fish dealer shall not take possession of food fish or shellfish until the dealer has deposited with the department an acceptable performance bond on forms prescribed and furnished by the department. This performance bond shall be a corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under chapter 48.28 (2002 Ed.) 77.65.280 RCW and approved by the department. The bond shall be filed and maintained in an amount equal to one thousand dollars for each buyer engaged by the wholesale dealer. In no case shall the bond be less than two thousand dollars nor more than fifty thousand dollars. (2) A wholesale dealer shall, within seven days of engaging additional fish buyers, notify the department and increase the amount of the bonding required in subsection (1) of this section. (3) The director may suspend and refuse to reissue a wholesale fish dealer’s license of a dealer who has taken possession of food fish or shellfish without an acceptable performance bond on deposit with the department. (4) The bond shall be conditioned upon the compliance with the requirements of this chapter and rules of the department relating to the payment of fines for violations of rules for the accounting of the commercial harvest of food fish or shellfish. In lieu of the surety bond required by this section the wholesale fish dealer may file with the department a cash deposit, negotiable securities acceptable to the department, or an assignment of a savings account or of a savings certificate in a Washington bank on an assignment form prescribed by the department. (5) Liability under the bond shall be maintained as long as the wholesale fish dealer engages in activities under RCW 77.65.280 unless released. Liability under the bond may be released only upon written notification from the department. Notification shall be given upon acceptance by the department of a substitute bond or forty-five days after the expiration of the wholesale fish dealer’s annual license. In no event shall the liability of the surety exceed the amount of the surety bond required under this chapter. [2000 c 107 § 49; 1996 c 267 § 30; 1985 c 248 § 6. Formerly RCW 75.28.323.] Intent—Effective date—1996 c 267: See notes following RCW 77.12.177. 77.65.330 Wholesale fish dealers—Performance bond—Payment of liability. The director shall promptly notify by order a wholesale dealer and the appropriate surety when a violation of rules relating to the accounting of commercial harvest has occurred. The notification shall specify the type of violation, the liability to be imposed for damages caused by the violation, and a notice that the amount of liability is due and payable to the department by the wholesale fish dealer and the surety. If the amount specified in the order is not paid within thirty days after receipt of the notice, the prosecuting attorney for any county in which the persons to whom the order is directed do business, or the attorney general upon request of the department, may bring an action on behalf of the state in the superior court for Thurston county or any county in which the persons to whom the order is directed do business to recover the amount specified in the final order of the department. The surety shall be liable to the state to the extent of the bond. [1985 c 248 § 7. Formerly RCW 75.28.328.] 77.65.340 Fish buyer’s license—Fee. (1) A fish buyer’s license is required of and shall be carried by each individual engaged by a wholesale fish dealer to purchase [Title 77 RCW—page 81] 77.65.340 Title 77 RCW: Fish and Wildlife food fish or shellfish from a licensed commercial fisherman. A fish buyer may represent only one wholesale fish dealer. (2) The annual fee for a fish buyer’s license is ninetyfive dollars. [2000 c 107 § 50; 1993 sp.s. c 17 § 46; 1989 c 316 § 17; 1985 c 248 § 2. Formerly RCW 75.28.340.] Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020. Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. 77.65.350 Salmon charter crew member—Salmon roe license—Sale of salmon roe—Conditions. (1) A salmon roe license is required for a crew member on a boat designated on a salmon charter license to sell salmon roe as provided in subsection (2) of this section. An individual under sixteen years of age may hold a salmon roe license. (2) A crew member on a boat designated on a salmon charter license may sell salmon roe taken from fish caught for personal use, subject to rules of the department and the following conditions: (a) The salmon is taken by an angler fishing on the charter boat; (b) The roe is the property of the angler until the roe is given to the crew member. The crew member shall notify the charter boat’s passengers of this fact; (c) The crew member sells the roe to a licensed wholesale dealer; and (d) The crew member is licensed as provided in subsection (1) of this section and has the license in possession whenever the crew member sells salmon roe. [1996 c 267 § 31; 1993 c 340 § 22; 1989 c 316 § 18; 1983 1st ex.s. c 46 § 137; 1981 c 227 § 2. Formerly RCW 75.28.690.] Intent—Effective date—1996 c 267: See notes following RCW 77.12.177. Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.65.360 License fee increases—Disposition. All revenues generated from the license fee increases in chapter 316, Laws of 1989 shall be deposited in the general fund and shall be appropriated for the food fish and shellfish enhancement programs. [1989 c 316 § 20. Formerly RCW 75.28.700.] 77.65.370 Professional salmon guide license. (1) A person shall not offer or perform the services of a professional salmon guide in the taking of salmon for personal use in freshwater rivers and streams, other than in that part of the Columbia river below the bridge at Longview, without a professional salmon guide license. (2) Only an individual at least sixteen years of age may hold a professional salmon guide license. No individual may hold more than one professional salmon guide license. [1998 c 190 § 98; 1993 c 340 § 26; 1991 c 362 § 2. Formerly RCW 75.28.710.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.65.380 Ocean pink shrimp—Defined. Unless the context clearly requires otherwise, as used in this chapter [Title 77 RCW—page 82] "ocean pink shrimp" means the species Pandalus jordani. [1993 c 376 § 2. Formerly RCW 75.28.720.] Findings—1993 c 376: "The legislature finds that the offshore Washington, Oregon, and California commercial ocean pink shrimp fishery is composed of a mobile fleet, fishing the entire coast from Washington to California and landing its catch in the state nearest the area being fished. The legislature further finds that the ocean pink shrimp fishery currently uses the entire available resource, and has the potential to become overcapitalized. The legislature further finds that overcapitalization can lead to economic destabilization, and that reductions in fishing opportunities from licensing restrictions imposed for conservation needs and the economic well-being of the ocean pink shrimp industry creates uncertainty. The legislature further finds that it is [in] the best interest of the ocean pink shrimp resource, commercial ocean pink shrimp fishers, and ocean pink shrimp processors in the state, to limit the number of fishers who make landings of ocean pink shrimp into the state of Washington to those persons who have historically and continuously participated in the ocean pink shrimp fishery." [1993 c 376 § 1.] Effective date—1993 c 376: "This act shall take effect January 1, 1994." [1993 c 376 § 12.] 77.65.390 Ocean pink shrimp—Delivery license— Fee. An ocean pink shrimp delivery license is required to deliver ocean pink shrimp taken in offshore waters and delivered to a port in the state. The annual license fee is one hundred fifty dollars for residents and three hundred dollars for nonresidents. Ocean pink shrimp delivery licenses are transferable. [2000 c 107 § 51; 1993 c 376 § 4. Formerly RCW 75.28.730.] Findings—Effective date—1993 c 376: See notes following RCW 77.65.380. 77.65.400 Emerging commercial fishery—Trial or experimental fishery—Licenses and permits. (1) The director may by rule designate a fishery as an emerging commercial fishery. The director shall include in the designation whether the fishery is one that requires a vessel. (2) "Emerging commercial fishery" means the commercial taking of a newly classified species of food fish or shellfish, the commercial taking of a classified species with gear not previously used for that species, or the commercial taking of a classified species in an area from which that species has not previously been commercially taken. Any species of food fish or shellfish commercially harvested in Washington state as of June 7, 1990, may be designated as a species in an emerging commercial fishery, except that no fishery subject to a license limitation program in chapter 77.70 RCW may be designated as an emerging commercial fishery. (3) A person shall not take food fish or shellfish in a fishery designated as an emerging commercial fishery without an emerging commercial fishery license and a permit from the director. The director shall issue two types of permits to accompany emerging commercial fishery licenses: Trial fishery permits and experimental fishery permits. Trial fishery permits are governed by subsection (4) of this section. Experimental fishery permits are governed by RCW 77.70.160. (4) The director shall issue trial fishery permits for a fishery designated as an emerging commercial fishery unless the director determines there is a need to limit the number of participants under RCW 77.70.160. A person who meets the qualifications of RCW 77.65.040 may hold a trial fishery permit. The holder of a trial fishery permit shall comply (2002 Ed.) Food Fish and Shellfish—Commercial Licenses with the terms of the permit. Trial fishery permits are not transferable from the permit holder to any other person. [2000 c 107 § 52; 1998 c 190 § 99; 1993 c 340 § 18. Formerly RCW 75.28.740.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.65.410 Geoduck diver license. Every diver engaged in the commercial harvest of geoduck clams shall obtain a nontransferable geoduck diver license. [1993 c 340 § 24; 1990 c 163 § 6; 1989 c 316 § 13; 1983 1st ex.s. c 46 § 130; 1979 ex.s. c 141 § 4; 1969 ex.s. c 253 § 4. Formerly RCW 75.28.750, 75.28.287.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Construction—Severability—1969 ex.s. c 253: See notes following RCW 77.60.070. Designation of aquatic lands for geoduck harvesting: RCW 79.96.085. Geoducks, harvesting for commercial purposes—License: RCW 77.60.070. 77.65.420 Wild salmonid policy—Establishment. By July 1, 1994, the commission jointly with the appropriate Indian tribes, shall each establish a wild salmonid policy. The policy shall ensure that department actions and programs are consistent with the goals of rebuilding wild stock populations to levels that permit commercial and recreational fishing opportunities. [2000 c 107 § 53; 1993 sp.s. c 4 § 2. Formerly RCW 75.28.760.] Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951. Instream flows: RCW 90.22.060. Salmon, impact of water diversion: RCW 90.03.360. 77.65.430 Wild salmonid policy—Management strategies and gear types. The director shall evaluate and recommend, in consultation with the Indian tribes, salmon fishery management strategies and gear types, as well as a schedule for implementation, that will minimize the impact of commercial and recreational fishing in the mixed stock fishery on critical and depressed wild stocks of salmonids. As part of this evaluation, the director, in conjunction with the commercial and recreational fishing industries, shall evaluate commercial and recreational salmon fishing gear types developed by these industries. [2000 c 107 § 54; 1998 c 245 § 153; 1994 c 264 § 46; 1993 sp.s. c 4 § 4. Formerly RCW 75.28.770.] Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951. 77.65.440 Alternate operator—Geoduck diver— Salmon guide—Fees. The director shall issue the personal licenses listed in this section according to the requirements of this title. The licenses and their annual fees are: Personal License Annual Fee (RCW 77.95.090 Surcharge) Resident (1) Alternate Operator (2) Geoduck Diver (3) Salmon Guide Nonresident $ 35 $185 $130 (plus $20) $ 35 $295 $630 (plus $100) Governing Section RCW 77.65.130 RCW 77.65.410 RCW 77.65.370 [2000 c 107 § 55; 1993 sp.s. c 17 § 42. Formerly RCW 75.28.780.] (2002 Ed.) 77.65.400 Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note following RCW 77.65.020. Finding—Contingent effective date—Severability—1993 sp.s. c 17: See notes following RCW 77.32.520. 77.65.450 Trapper’s license. A state trapping license allows the holder to trap fur-bearing animals throughout the state; however, a trapper may not place traps on private property without permission of the owner, lessee, or tenant where the land is improved and apparently used, or where the land is fenced or enclosed in a manner designed to exclude intruders or to indicate a property boundary line, or where notice is given by posting in a conspicuous manner. A state trapping license is void on April 1st following the date of issuance. The fee for this license is thirty-six dollars for residents sixteen years of age or older, fifteen dollars for residents under sixteen years of age, and one hundred eighty dollars for nonresidents. [1991 sp.s. c 7 § 3; 1987 c 372 § 3; 1985 c 464 § 4; 1981 c 310 § 23. Prior: 1980 c 78 § 113; 1980 c 24 § 2; 1975 1st ex.s. c 15 § 28. Formerly RCW 77.32.191.] Effective date—1991 sp.s. c 7: "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 shall take effect July 1, 1991." [1991 sp.s. c 7 § 14.] Effective date—1985 c 464: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985." [1985 c 464 § 13.] Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. Effective dates—1975 1st ex.s. c 15: "Section 19 of this 1975 amendatory act shall be effective April 1, 1976. Sections 20 through 32 of this 1975 amendatory act shall be effective January 1, 1976." [1975 1st ex.s. c 15 § 34.] Traps placed on private property: RCW 77.32.545, 77.15.191. 77.65.460 Trapper’s license—Training program or examination requisite for issuance to initial licensee. Persons purchasing a state trapping license for the first time shall present certification of completion of a course of instruction in safe, humane, and proper trapping techniques or pass an examination to establish that the applicant has the requisite knowledge. The director shall establish a program for training persons in trapping techniques and responsibilities, including the use of trapping devices designed to painlessly capture or instantly kill. The director shall cooperate with national and state animal, humane, hunter education, and trapping organizations in the development of a curriculum. Upon successful completion of the course, trainees shall receive a trapper’s training certificate signed by an authorized instructor. This certificate is evidence of compliance with this section. [1987 c 506 § 82; 1981 c 310 § 24; 1980 c 78 § 114; 1977 c 43 § 1. Formerly RCW 77.32.197.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. [Title 77 RCW—page 83] 77.65.480 Title 77 RCW: Fish and Wildlife 77.65.480 Taxidermist, fur dealer, fishing guide, game farmer, anadromous game fish buyer—Licenses— Fish stocking and game contest permits. (1) A taxidermy license allows the holder to practice taxidermy for profit. The fee for this license is one hundred eighty dollars. (2) A fur dealer’s license allows the holder to purchase, receive, or resell raw furs for profit. The fee for this license is one hundred eighty dollars. (3) A fishing guide license allows the holder to offer or perform the services of a professional guide in the taking of game fish. The fee for this license is one hundred eighty dollars for a resident and six hundred dollars for a nonresident. (4) A game farm license allows the holder to operate a game farm to acquire, breed, grow, keep, and sell wildlife under conditions prescribed by the rules adopted pursuant to this title. The fee for this license is seventy-two dollars for the first year and forty-eight dollars for each following year. (5) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the commission. The fee for this permit is twenty-four dollars. (6) A fishing or field trial permit allows the holder to promote, conduct, hold, or sponsor a fishing or field trial contest in accordance with rules of the commission. The fee for a fishing contest permit is twenty-four dollars. The fee for a field trial contest permit is twenty-four dollars. (7) An anadromous game fish buyer’s license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian fishermen lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director. The fee for this license is one hundred eighty dollars. [1991 sp.s. c 7 § 4; 1987 c 506 § 83; 1985 c 464 § 5; 1983 c 284 § 3; 1981 c 310 § 25; 1980 c 78 § 115; 1975 1st ex.s. c 15 § 30. Formerly RCW 77.32.211.] Effective date—1991 sp.s. c 7: See note following RCW 77.65.450. Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Effective date—1985 c 464: See note following RCW 77.65.450. Findings—Intent—1983 c 284: See note following RCW 82.27.020. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. Effective dates—1975 1st ex.s. c 15: See note following RCW 77.65.450. 77.65.490 Activities requiring license/permit. (1) A license issued by the director is required to: (a) Practice taxidermy for commercial purposes; (b) Deal in raw furs for commercial purposes; (c) Act as a fishing guide; (d) Operate a game farm; or (e) Purchase or sell anadromous game fish. (2) A permit issued by the director is required to: (a) Conduct, hold, or sponsor hunting or fishing contests or competitive field trials using live wildlife; (b) Collect wild animals, wild birds, game fish, food fish, shellfish, or protected wildlife for research or display; (c) Stock game fish; or [Title 77 RCW—page 84] (d) Conduct commercial activities on department-owned or controlled lands. (3) Aquaculture as defined in RCW 15.85.020 is exempt from the requirements of this section, except when being stocked in public waters under contract with the department. [2001 c 253 § 56.] 77.65.500 Reports required from persons with licenses or permits under RCW 77.65.480. Licensed taxidermists, fur dealers, anadromous game fish buyers, fishing guides, game farmers, and persons stocking game fish or conducting a hunting, fishing, or field trial contest shall make reports as required by rules of the director. [1987 c 506 § 84; 1983 c 284 § 4; 1981 c 310 § 26; 1980 c 78 § 116; 1955 c 36 § 77.32.220. Prior: 1947 c 275 § 111; Rem. Supp. 1947 § 5992-120. Formerly RCW 77.32.220.] Legislative findings and intent—1987 c 506: See note following RCW 77.04.020. Findings—Intent—1983 c 284: See note following RCW 82.27.020. Effective dates—Legislative intent—1981 c 310: See notes following RCW 77.12.170. Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010. 77.65.510 Direct retail endorsement—Fee— Responsibilities of holder. (1) The department must establish and administer a direct retail endorsement to serve as a single license that permits the holder of a Washington salmon or crab commercial fishing license to clean, dress, and sell his or her catch directly to consumers at retail, including over the internet. The direct retail endorsement must be issued as an optional addition to all holders of a salmon or crab commercial fishing license that the department offers under this chapter. (2) The direct retail endorsement must be offered at the time of application for the qualifying commercial fishing license. Individuals in possession of a qualifying commercial fishing license issued under this chapter may add a direct retail endorsement to their current license at the time they renew their commercial fishing license. Individuals who do not have a commercial fishing license for salmon or crab issued under this chapter may not receive a direct retail endorsement. The costs, conditions, responsibilities, and privileges associated with the endorsed commercial fishing license is not affected or altered in any way by the addition of a direct retail endorsement. These costs include the base cost of the license and any revenue and excise taxes. (3) An individual need only add one direct retail endorsement to his or her license portfolio. If a direct retail endorsement is selected by an individual holding more than one commercial fishing license issued under this chapter, a single direct retail endorsement is considered to be added to all qualifying commercial fishing licenses held by that individual, and is the only license required for the individual to sell at retail the harvest of salmon or crab permitted by all of the underlying endorsed licenses. The direct retail endorsement applies only to the person named on the endorsed license, and may not be used by an alternate operator named on the endorsed license. (4) In addition to any fees charged for the endorsed licenses and harvest documentation as required by this chapter or the rules of the department, the department may (2002 Ed.) Food Fish and Shellfish—Commercial Licenses set a reasonable annual fee not to exceed the administrative costs to the department for a direct retail endorsement. (5) The holder of a direct retail endorsement is responsible for documenting the commercial harvest of salmon and crab according to the provisions of this chapter, the rules of the department for a wholesale fish dealer, and the reporting requirements of the endorsed license. Any salmon or crab caught by the holder of a direct retail endorsement must be landed in the round and documented on fish tickets, as provided for by the department, before further processing. (6) The direct retail endorsement must be displayed in a readily visible manner by the seller wherever and whenever a sale to someone other than a licensed wholesale dealer occurs. For sales occurring in a venue other than in person, such as over the internet, through a catalog, or on the phone, the direct retail endorsement number of the seller must be provided to the buyer both at the time of sale and the time of delivery. All internet sales must be conducted in accordance with federal laws and regulations. (7) The direct retail endorsement is to be held by a natural person and is not transferrable or assignable. If the endorsed license is transferred, the direct retail endorsement immediately becomes void, and the transferor is not eligible for a full or prorated reimbursement of the annual fee paid for the direct retail endorsement. Upon becoming void, the holder of a direct retail endorsement must surrender the physical endorsement to the department. (8) The holder of a direct retail endorsement must abide by the provisions of Title 69 RCW as they apply to the processing and retail sale of seafood. The department must distribute a pamphlet, provided by the department of agriculture, with the direct retail endorsement generally describing the labeling requirements set forth in chapter 69.04 RCW as they apply to seafood. (9) The holder of a qualifying commercial fishing license issued under this chapter must either possess a direct retail endorsement or a wholesale dealer license provided for in RCW 77.65.280 in order to lawfully sell their catch or harvest in the state to anyone other than a licensed wholesale dealer. (10) The direct retail endorsement entitles the holder to sell wild-caught salmon or crab only at a temporary food service establishment as that term is defined in RCW 69.06.045. [2002 c 301 § 2.] Finding—2002 c 301: "The legislature finds that commercial fishing is vitally important not just to the economy of Washington, but also to the cultural heritage of the maritime communities in the state. Fisher men and women have a long and proud history in the Pacific Northwest. State and local governments should seek out ways to enable and encourage these professionals to share the rewards of their craft with the nonfishing citizens of and visitors to the state of Washington by encouraging the exploration and development of new niche markets." [2002 c 301 § 1.] Effective date—2002 c 301: "This act takes effect July 1, 2002." [2002 c 301 § 12.] 77.65.515 Direct retail endorsement—Requirements. (1) Prior to being issued a direct retail endorsement, an individual must: (a) Obtain and submit to the department a signed letter on appropriate letterhead from the health department of the county in which the individual makes his or her official residence or where the hailing port for any documented vessel owned by the individual is located as to the fulfill(2002 Ed.) 77.65.510 ment of all requirements related to county health rules, including the payment of all required fees. The local health department generating the letter may charge a reasonable fee for any necessary inspections. The letter must certify that the methods used by the individual to transport, store, and display fresh salmon and crabs meets that county’s standards and the statewide standards adopted by the board of health for food service operations; and (b) Submit proof to the department that the individual making the direct retail sales is in possession of a valid food and beverage service worker’s permit, as provided for in chapter 69.06 RCW. (2) The requirements of subsection (1) of this section must be completed each license year before a renewal direct retail endorsement can be issued. (3) Any individual possessing a direct retail endorsement must notify the local health department of the county in which retail sales are to occur, except for the county that conducted the initial inspection, forty-eight hours before any transaction and make his or her facilities available for inspection by a fish and wildlife officer, the local health department of any county in which he or she sells salmon or crab, and any designee of the department of health or the department of agriculture. (4) Neither the department or a local health department may be held liable in any judicial proceeding alleging that consumption of or exposure to seafood sold by the holder of a direct retail endorsement resulted in a negative health consequence, as long as the department can show that the individual holding the direct retail endorsement complied with the requirements of subsection (1) of this section prior to being issued his or her direct retail license, and neither the department nor a local health department acted in a reckless manner. For the purposes of this subsection, the department or a local health district shall not be deemed to be acting recklessly for not conducting a permissive inspection. [2002 c 301 § 3.] Finding—Effective date—2002 c 301: See notes following RCW 77.65.510. 77.65.520 Direct retail endorsement—Compliance— Violations—Suspension. (1) The direct retail endorsement is conditioned upon compliance: (a) With the requirements of this chapter as they apply to wholesale fish dealers and to the rules of the department relating to the payment of fines for violations of rules for the accounting of the commercial harvest of salmon or crabs; and (b) With the state board of health and local rules for food service establishments. (2) Violations of the requirements and rules referenced in subsection (1) of this section may result in the suspension of the direct retail endorsement. The suspended individual must not be reimbursed for any portion of the suspended endorsement. Suspension of the direct retail endorsement may not occur unless and until: (a) The director has notified by order the holder of the direct retail endorsement when a violation of subsection (1) of this section has occurred. The notification must specify the type of violation, the liability to be imposed for damages caused by the violation, a notice that the amount of liability is due and payable by the holder of the direct retail endorse[Title 77 RCW—page 85] 77.65.520 Title 77 RCW: Fish and Wildlife ment, and an explanation of the options available to satisfy the liability; and (b) The holder of the direct retail endorsement has had at least ninety days after the notification provided in (a) of this subsection was received to either make full payment for all liabilities owed or enter into an agreement with the department to pay off all liabilities within a reasonable time. (3)(a) If, within ninety days after receipt of the order provided in subsection (2)(a) of this section, the amount specified in the order is not paid or the holder of the direct retail endorsement has not entered into an agreement with the department to pay off all liabilities, the prosecuting attorney for any county in which the persons to whom the order is directed do business, or the attorney general upon request of the department, may bring an action on behalf of the state in the superior court for Thurston county, or any county in which the persons to whom the order is directed do business, to seek suspension of the individual’s direct retail endorsement for up to five years. (b) The department may temporarily suspend the privileges provided by the direct retail endorsement for up to one hundred twenty days following the receipt of the order provided in subsection (2)(a) of this section, unless the holder of the direct retail endorsement has deposited with the department an acceptable performance bond on forms prescribed and provided by the department. This performance bond must be a corporate surety bond executed in favor of the department by a corporation authorized to do business in the state of Washington under chapter 48.28 RCW and approved by the department. The bond must be filed and maintained in an amount equal to one thousand dollars. (4) For violations of state board of health and local rules under subsection (1)(b) of this section only, any person inspecting the facilities of a direct retail endorsement holder under RCW 77.65.515 may suspend the privileges granted by the endorsement for up to seven days. Within twentyfour hours of the discovery of the violation, the inspecting entity must notify the department of the violation. Upon notification, the department may proceed with the procedures outlined in this section for suspension of the endorsement. If the violation of a state board of health rule is discovered by a local health department, that local jurisdiction may fine the holder of the direct retail endorsement according to the local jurisdiction’s rules as they apply to retail food operations. (5) Subsections (2) and (3) of this section do not apply to a holder of a direct retail endorsement that executes a surety bond and abides by the conditions established in RCW 77.65.320 and 77.65.330 as they apply to wholesale dealers. [2002 c 301 § 4.] Chapter 77.70 LICENSE LIMITATION PROGRAMS Sections 77.70.010 77.70.020 77.70.040 77.70.050 77.70.060 77.70.070 77.70.080 77.70.090 77.70.100 77.70.110 77.70.120 77.70.130 77.70.140 77.70.150 77.70.160 77.70.170 77.70.180 77.70.190 77.70.200 77.70.210 77.70.220 77.70.230 77.70.240 77.70.250 77.70.260 77.70.280 77.70.290 77.70.300 77.70.310 77.70.320 77.70.330 Finding—Effective date—2002 c 301: See notes following RCW 77.65.510. 77.70.340 77.65.900 Effective date—1989 c 316. This act shall take effect on January 1, 1990. The *director of fisheries may immediately take such steps as are necessary to ensure that this act is implemented on its effective date. [1989 c 316 § 22. Formerly RCW 75.28.900.] 77.70.350 *Reviser’s note: Powers, duties, and functions of the department of fisheries and the department of wildlife were transferred to the department of fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994. [Title 77 RCW—page 86] 77.70.360 77.70.370 77.70.380 License renewed subject to RCW 77.65.080. No harvest opportunity during year—License requirements waived—Effect on license limitation programs. Administrative review of department’s decision—Hearing— Procedures. Salmon charter boats—Limitation on issuance of licenses— Renewal—Transfer. Salmon charter boats—Angler permit, when required. Salmon charter boats—Angler permit—Number of anglers. Salmon charter boats—Angler permit—Total number of anglers limited—Permit transfer. Commercial salmon fishing licenses and delivery licenses— Limitations—Transfer. Commercial salmon fishery license or salmon delivery license—Reversion to department following government confiscation of vessel. Dungeness crab-Puget Sound fishery license—Limitations— Qualifications. Herring fishery license—Limitations on issuance. Whiting-Puget Sound fishery license—Limitation on issuance. Whiting-Puget Sound fishery license—Transferable to family members. Sea urchin dive fishery license—Limitation on issuance— Surcharge—Sea urchin dive fishery account—Transfer of license—Issuance of new licenses. Emerging commercial fishery designation—Experimental fishery permits. Emerging commercial fishery designation—Legislative review. Emerging commercial fishery—License status— Recommendations to legislature—Information included in report. Sea cucumber dive fishery license—Limitation on issuance—Surcharge—Sea cucumber dive fishery account— Transfer of license—Issuance of new licenses. Herring spawn on kelp fishery licenses—Number limited. Herring spawn on kelp fishery license—Auction. Geoduck fishery license—Conditions and limitations— OSHA regulations—Violations. Ocean pink shrimp—Delivery license—Requirements and criteria—Continuous participation. Ocean pink shrimp—Delivery license—Requirements and criteria—Historical participation. Ocean pink shrimp—Delivery license—License transfer— License suspension. Ocean pink shrimp—Single delivery license. Crab fishery—License required—Dungeness crab-coastal fishery license—Dungeness crab-coastal class B fishery license—Coastal crab and replacement vessel defined. Crab taken in offshore waters—Criteria for landing in Washington state—Limitations. Crab taken in offshore waters—Dungeness crab offshore delivery license—Fee. Transfer of Dungeness crab-coastal fishery licenses—Fee. Coastal crab account—Created—Revenues—Expenditures. Coastal crab account expenditures—Management of coastal crab resource. Criteria for nonresident Dungeness crab-coastal fishery license for Oregon residents—Section effective contingent upon reciprocal statutory authority in Oregon. Restrictions on designations and substitutions on Dungeness crab-coastal fishery licenses and Dungeness crab-coastal class B fishery licenses. Dungeness crab-coastal fishery licenses—Limitation on new licenses—Requirements for renewal. Limitation on taking crab in the exclusive economic zone of Oregon or California—Section effective contingent upon reciprocal legislation by both Oregon and California. Dungeness crab-coastal fishery licenses—Criteria for issuing new licenses. (2002 Ed.) License Limitation Programs 77.70.390 77.70.400 77.70.410 77.70.420 77.70.430 77.70.440 Reduction of landing requirements under RCW 77.70.280— Procedure. Coastal Dungeness crab resource plan. Shrimp pot-Puget Sound fishery—Limited entry fishery— License analogous to personal property— Transferability—Alternate operator designation. Shrimp trawl-Puget Sound fishery—Limited entry fishery— License analogous to personal property— Transferability—Alternate operator. Puget Sound crab pot buoy tag program—Fee. Puget Sound crab pot buoy tag account. 77.70.010 License renewed subject to RCW 77.65.080. (1) A license renewed under the provisions of this chapter that has been suspended under RCW 77.65.080 shall be subject to the following provisions: (a) A license renewal fee shall be paid as a condition of maintaining a current license; and (b) The department shall waive any other license requirements, unless the department determines that the license holder has had sufficient opportunity to meet these requirements. (2) The provisions of subsection (1) of this section shall apply only to a license that has been suspended under RCW 77.65.080 for a period of twelve months or less. A license holder shall forfeit a license subject to this chapter and may not recover any license renewal fees previously paid if the license holder does not meet the requirements of RCW 74.20A.320(9) within twelve months of license suspension. [2001 c 253 § 57; 1997 c 58 § 884. Formerly RCW 75.30.015.] 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. Chapter 77.70 disagrees with the department’s decision and the reasons for the review board’s findings. Upon receipt of the review board’s findings the director may order such relief as the director deems appropriate under the circumstances. Nothing in this section: (1) Impairs an aggrieved person’s right to proceed under chapter 34.05 RCW; or (2) imposes a liability on members of a review board for their actions under this section. [2000 c 107 § 58; 1995 1st sp.s. c 2 § 32 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 § 139; 1977 ex.s. c 106 § 6. Formerly RCW 75.30.060.] Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013. Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020. Legislative findings—Severability—1977 ex.s. c 106: See notes following RCW 77.70.050. 77.70.050 Salmon charter boats—Limitation on issuance of licenses—Renewal—Transfer. (1) After May 28, 1977, the director shall issue no new salmon charter licenses. A person may renew an existing salmon charter license only if the person held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person. (2) Salmon charter licenses may be renewed each year. A salmon charter license which is not renewed each year shall not be renewed further. (3) Subject to the restrictions in RCW 77.65.020, salmon charter licenses are transferrable from one license holder to another. [2000 c 107 § 59; 1993 c 340 § 28; 1983 1st ex.s. c 46 § 141; 1981 c 202 § 1; 1979 c 101 § 7; 1977 ex.s. c 106 § 2. Formerly RCW 75.30.065, 75.30.020.] 77.70.020 No harvest opportunity during year— License requirements waived—Effect on license limitation programs. (1) The director shall waive license requirements, including landing or poundage requirements, if, during the calendar year that a license issued pursuant to chapter 77.65 RCW is valid, no harvest opportunity occurs in the fishery corresponding to the license. (2) For each license limitation program, where the person failed to hold the license and failed to make landing or poundage requirements because of a license waiver by the director during the previous year, the person shall qualify for a license by establishing that the person held the license during the last year in which the license was not waived. [2000 c 107 § 56; 1995 c 227 § 2. Formerly RCW 75.30.021.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Effective date—Intent—1979 c 101: See notes following RCW 77.70.060. Legislative findings—1977 ex.s. c 106: "The legislature finds that the wise management and economic health of the state’s salmon fishery are of continued importance to the people of the state and to the economy of the state as a whole. The legislature finds that charter boats licensed by the state for use by the state’s charter boat fishing industry have increased in quantity. The legislature finds that limitations on the number of licensed charter boats will tend to improve the management of the charter boat fishery and the economic health of the charter boat industry. The state therefore must use its authority to regulate the number of licensed boats in use by the state’s charter boat industry in a manner provided in this chapter so that management and economic health of the salmon fishery may be improved." [1977 ex.s. c 106 § 1. Formerly RCW 75.30.010.] Severability—1977 ex.s. c 106: "If any provision of this 1977 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." [1977 ex.s. c 106 § 10.] 77.70.040 Administrative review of department’s decision—Hearing—Procedures. A person aggrieved by a decision of the department under this chapter may request administrative review under the informal procedure established by this section. In an informal hearing before a review board, the rules of evidence do not apply. A record of the proceeding shall be kept as provided by chapter 34.05 RCW. After hearing the case the review board shall notify in writing the director and the initiating party whether the review board agrees or 77.70.060 Salmon charter boats—Angler permit, when required. (1) Except as provided in subsection (3) of this section, a person shall not operate a vessel as a charter boat from which salmon are taken in salt water without an angler permit. The angler permit shall specify the maximum number of persons that may fish from the charter boat per trip. The angler permit expires if the salmon charter license is not renewed. (2002 Ed.) [Title 77 RCW—page 87] 77.70.060 Title 77 RCW: Fish and Wildlife (2) Only a person who holds a salmon charter license issued under RCW 77.65.150 and 77.70.050 may hold an angler permit. (3) An angler permit shall not be required for charter boats licensed in Oregon and fishing in ocean waters within the jurisdiction of Washington state from the southern border of the state of Washington to Leadbetter Point under the same regulations as Washington charter boat operators, as long as the Oregon vessel does not land at any Washington port with the purpose of taking on or discharging passengers. The provisions of this subsection shall be in effect as long as the state of Oregon has reciprocal laws and regulations. [2000 c 107 § 60; 1998 c 190 § 100; 1993 c 340 § 29; 1989 c 147 § 2; 1983 1st ex.s. c 46 § 142; 1979 c 101 § 2. Formerly RCW 75.30.070.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Effective date—1979 c 101: "This act shall take effect on January 1, 1980." [1979 c 101 § 10.] Intent—1979 c 101: "The legislature finds that wise management of the state’s salmon fishery is essential to the well-being of the state. The legislature recognizes that further restrictions on salmon fishing in the charter salmon industry are necessary and that a limitation on the number of persons fishing is preferable to reductions in the fishing season or daily bag limits, or increases in size limits." [1979 c 101 § 1.] 77.70.070 Salmon charter boats—Angler permit— Number of anglers. A salmon charter boat may not carry more anglers than the number specified in the angler permit issued under RCW 77.70.060. Members of the crew may fish from the boat only to the extent that the number of anglers specified in the angler permit exceeds the number of noncrew passengers on the boat at that time. [2000 c 107 § 61; 1993 c 340 § 30; 1983 1st ex.s. c 46 § 143; 1979 c 101 § 4. Formerly RCW 75.30.090.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Effective date—Intent—1979 c 101: See notes following RCW 77.70.060. 77.70.080 Salmon charter boats—Angler permit— Total number of anglers limited—Permit transfer. (1) The total number of anglers authorized by the director shall not exceed the total number authorized for 1980. (2) Angler permits issued under RCW 77.70.060 are transferable. All or a portion of the permit may be transferred to another salmon charter license holder. (3) The angler permit holder and proposed transferee shall notify the department when transferring an angler permit, and the director shall issue a new angler permit certificate. If the original permit holder retains a portion of the permit, the director shall issue a new angler permit certificate reflecting the decrease in angler capacity. (4) The department shall collect a fee of ten dollars for each certificate issued under subsection (3) of this section. [2000 c 107 § 62; 1993 c 340 § 31; 1983 1st ex.s. c 46 § 144; 1979 c 101 § 5. Formerly RCW 75.30.100.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Effective date—Intent—1979 c 101: See notes following RCW 77.70.060. 77.70.090 Commercial salmon fishing licenses and delivery licenses—Limitations—Transfer. (1) Except as provided in subsection (2) of this section, after May 6, 1974, the director shall issue no new commercial salmon fishery licenses or salmon delivery licenses. A person may renew an existing license only if the person held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person. (2) Where the person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended. (3) Subject to the restrictions in RCW 77.65.020, commercial salmon fishery licenses and salmon delivery licenses are transferable from one license holder to another. [2000 c 107 § 63; 1995 c 135 § 7. Prior: 1993 c 340 § 32; 1993 c 100 § 1; 1983 1st ex.s. c 46 § 146; 1979 c 135 § 1; 1977 ex.s. c 230 § 1; 1977 ex.s. c 106 § 7; 1974 ex.s. c 184 § 2. Formerly RCW 75.30.120, 75.28.455.] Intent—1995 c 135: See note following RCW 29.04.160. Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Legislative findings—Severability—1977 ex.s. c 106: See notes following RCW 77.70.050. Legislative intent—1974 ex.s. c 184: "The legislature finds that the protection, welfare, and economic good of the commercial salmon fishing industry is of paramount importance to the people of this state. Scientific advancement has increased the efficiency of salmon fishing gear. There presently exists an overabundance of commercial salmon fishing gear in our state waters which causes great pressure on the salmon fishery resource. This situation results in great economic waste to the state and prohibits conservation programs from achieving their goals. The public welfare requires that the number of commercial salmon fishing licenses and salmon delivery permits issued by the state be limited to insure that sound conservation programs can be scientifically carried out. It is the intention of the legislature to preserve this valuable natural resource so that our food supplies from such resource can continue to meet the ever increasing demands placed on it by the people of this state." [1983 1st ex.s. c 46 § 136; 1974 ex.s. c 184 § 1. Formerly RCW 75.28.450.] Severability—1974 ex.s. c 184: "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." [1974 ex.s. c 184 § 11.] 77.70.100 Commercial salmon fishery license or salmon delivery license—Reversion to department following government confiscation of vessel. Any commercial salmon fishery license issued under RCW 77.65.160 or salmon delivery license issued under RCW 77.65.170 shall revert to the department when any government confiscates and sells the vessel designated on the license. Upon application of the person named on the license as license holder and the approval of the director, the department shall transfer the license to the applicant. Application for transfer of the license must be made within the calendar year for which the license was issued. [2000 c 107 § 64; 1993 c 340 § 33; 1986 c 198 § 2. Formerly RCW 75.30.125.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.70.110 Dungeness crab-Puget Sound fishery license—Limitations—Qualifications. (1) A person shall [Title 77 RCW—page 88] (2002 Ed.) License Limitation Programs not commercially take Dungeness crab (Cancer magister) in Puget Sound without first obtaining a Dungeness crab— Puget Sound fishery license. As used in this section, "Puget Sound" has the meaning given in RCW 77.65.160(5)(a). A Dungeness crab—Puget Sound fishery license is not required to take other species of crab, including red rock crab (Cancer productus). (2) Except as provided in subsections (3) and (6) of this section, after January 1, 1982, the director shall issue no new Dungeness crab—Puget Sound fishery licenses. Only a person who meets the following qualification may renew an existing license: The person shall have held the Dungeness crab—Puget Sound fishery license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and shall not have subsequently transferred the license to another person. (3) Where the person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended. (4) This section does not restrict the issuance of commercial crab licenses for areas other than Puget Sound or for species other than Dungeness crab. (5) Dungeness crab—Puget Sound fishery licenses are transferable from one license holder to another. (6) If fewer than one hundred twenty-five persons are eligible for Dungeness crab—Puget Sound fishery licenses, the director may accept applications for new licenses. The director shall determine by random selection the successful applicants for the additional licenses. The number of additional licenses issued shall be sufficient to maintain one hundred twenty-five licenses in the Puget Sound Dungeness crab fishery. The director shall adopt rules governing the application, selection, and issuance procedures for new Dungeness crab—Puget Sound fishery licenses. [2000 c 107 § 65; 1999 c 151 § 1602; 1998 c 190 § 101. Prior: 1997 c 233 § 1; 1997 c 115 § 1; 1993 c 340 § 34; 1983 1st ex.s. c 46 § 147; 1982 c 157 § 1; 1980 c 133 § 4. Formerly RCW 75.30.130, 75.28.275.] Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010. Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Severability—1980 c 133: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 133 § 8.] Legislative findings—1980 c 133: "The legislature finds that a significant commercial crab fishery is developing within Puget Sound. The legislature further finds that the crab fishery in Puget Sound represents a separate and distinct fishery from that of the coastal waters and is limited in quantity and is in need of conservation. The potential for depletion of the crab stocks in these waters is increasing, particularly as crab fishing becomes an attractive alternative to fishermen facing increasing restrictions on commercial salmon fishing. The legislature finds that the number of commercial fishermen engaged in crab fishing has steadily increased. This factor, combined with advances in fishing and marketing techniques, has resulted in strong pressures on the supply of crab, unnecessary waste of an important natural resource, and economic loss to the citizens of the state. The legislature finds that increased regulation of commercial crab fishing is necessary to preserve and efficiently manage the commercial crab fishery in the waters of Puget Sound." [1980 c 133 § 1.] (2002 Ed.) 77.70.110 77.70.120 Herring fishery license—Limitations on issuance. (1) A person shall not fish commercially for herring in state waters without a herring fishery license. As used in this section, "herring fishery license" means any of the following commercial fishery licenses issued under RCW 77.65.200: Herring dip bag net; herring drag seine; herring gill net; herring lampara; herring purse seine. (2) Except as provided in this section, a herring fishery license may be issued only to a person who held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person. (3) Herring fishery licenses may be renewed each year. A herring fishery license that is not renewed each year shall not be renewed further. (4) The director may issue additional herring fishery licenses if the stocks of herring will not be jeopardized by granting additional licenses. (5) Subject to the restrictions of RCW 77.65.020, herring fishery licenses are transferable from one license holder to another. [2000 c 107 § 66; 1998 c 190 § 102; 1993 c 340 § 35; 1983 1st ex.s. c 46 § 148; 1974 ex.s. c 104 § 1; 1973 1st ex.s. c 173 § 4. Formerly RCW 75.30.140, 75.28.420.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Legislative findings—Purpose—1973 1st ex.s. c 173: "The legislature finds that a significant commercial herring fishing industry is presently developing in the state of Washington under the careful guidance of the department of fisheries. The legislature further finds that the stocks of herring within the waters of this state are limited in extent and are in need of strict preservation. In addition, the legislature finds that the number of commercial fishermen engaged in fishing for herring has steadily increased. This factor, combined with advances made in fishing and marketing techniques, has resulted in strong pressures on the supply of herring, unnecessary waste in one of Washington’s valuable resources, and economic loss to the citizens of this state. Therefore, it is the purpose of RCW 75.30.140 to establish reasonable procedures for controlling the extent of commercial herring fishing." [1983 1st ex.s. c 46 § 135; 1973 1st ex.s. c 173 § 2. Formerly RCW 75.28.390 and 75.28.400.] 77.70.130 Whiting-Puget Sound fishery license— Limitation on issuance. (1) A person shall not commercially take whiting from areas that the department designates within the waters described in RCW 77.65.160(5)(a) without a whiting-Puget Sound fishery license. (2) A whiting-Puget Sound fishery license may be issued only to an individual who: (a) Delivered at least fifty thousand pounds of whiting during the period from January 1, 1981, through February 22, 1985, as verified by fish delivery tickets; (b) Possessed, on January 1, 1986, all equipment necessary to fish for whiting; and (c) Held a whiting-Puget Sound fishery license during the previous year or acquired such a license by transfer from someone who held it during the previous year. (3) After January 1, 1995, the director shall issue no new whiting-Puget Sound fishery licenses. After January 1, 1995, only an individual who meets the following qualifications may renew an existing license: The individual shall have held the license sought to be renewed during the previous year or acquired the license by transfer from [Title 77 RCW—page 89] 77.70.130 Title 77 RCW: Fish and Wildlife someone who held it during the previous year, and shall not have subsequently transferred the license to another person. (4) Whiting-Puget Sound fishery licenses may be renewed each year. A whiting-Puget Sound fishery license that is not renewed each year shall not be renewed further. [2000 c 107 § 67; 1993 c 340 § 39; 1986 c 198 § 5. Formerly RCW 75.30.170.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.70.140 Whiting-Puget Sound fishery license— Transferable to family members. A whiting-Puget Sound fishery license may be transferred through gift, devise, bequest, or descent to members of the license holder’s immediate family which shall be limited to spouse, children, or stepchildren. The holder of a whiting-Puget Sound fishery license shall be present on any vessel taking whiting under the license. In no instance may temporary permits be issued. The director may adopt rules necessary to implement RCW 77.70.130 and 77.70.140. [2000 c 107 § 68; 1993 c 340 § 40; 1986 c 198 § 4. Formerly RCW 75.30.180.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.70.150 Sea urchin dive fishery license— Limitation on issuance—Surcharge—Sea urchin dive fishery account—Transfer of license—Issuance of new licenses. (1) A sea urchin dive fishery license is required to take sea urchins for commercial purposes. A sea urchin dive fishery license authorizes the use of only one diver in the water at any time during sea urchin harvest operations. If the same vessel has been designated on two sea urchin dive fishery licenses, two divers may be in the water. A natural person may not hold more than two sea urchin dive fishery licenses. (2) Except as provided in subsection (6) of this section, the director shall issue no new sea urchin dive fishery licenses. For licenses issued for the year 2000 and thereafter, the director shall renew existing licenses only to a natural person who held the license at the end of the previous year. If a sea urchin dive fishery license is not held by a natural person as of December 31, 1999, it is not renewable. However, if the license is not held because of revocation or suspension of licensing privileges, the director shall renew the license in the name of a natural person at the end of the revocation or suspension if the license holder applies for renewal of the license before the end of the year in which the revocation or suspension ends. (3) Where a licensee failed to obtain the license during the previous year because of a license suspension or revocation by the director or the court, the licensee may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible. (4) Surcharges as provided for in this section shall be collected and deposited into the sea urchin dive fishery account hereby created in the custody of the state treasurer. Only the director or the director’s designee may authorize expenditures from the account. The sea urchin dive fishery account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be used to [Title 77 RCW—page 90] retire sea urchin licenses until the number of licenses is reduced to twenty-five, and thereafter shall only be used for sea urchin management and enforcement. (a) A surcharge of one hundred dollars shall be charged with each sea urchin dive fishery license renewal for licenses issued in 2000 through 2005. (b) For licenses issued for the year 2000 and thereafter, a surcharge shall be charged on the sea urchin dive fishery license for designating an alternate operator. The surcharge shall be as follows: Five hundred dollars for the first year or each of the first two consecutive years after 1999 that any alternate operator is designated and two thousand five hundred dollars each year thereafter that any alternate operator is designated. (5) Sea urchin dive fishery licenses are transferable. After December 31, 1999, there is a surcharge to transfer a sea urchin dive fishery license. The surcharge is five hundred dollars for the first transfer of a license valid for calendar year 2000, and two thousand five hundred dollars for any subsequent transfer, whether occurring in the year 2000 or thereafter. Notwithstanding this subsection, a onetime transfer exempt from surcharge applies for a transfer from the natural person licensed on January 1, 2000, to that person’s spouse or child. (6) If fewer than twenty-five natural persons are eligible for sea urchin dive fishery licenses, the director may accept applications for new licenses. The additional licenses may not cause more than twenty-five natural persons to be eligible for a sea urchin dive fishery license. New licenses issued under this section shall be distributed according to rules of the department that recover the value of such licensed privilege. [2001 c 253 § 58; 1999 c 126 § 1; 1998 c 190 § 104; 1993 c 340 § 41; 1990 c 62 § 2; 1989 c 37 § 2. Formerly RCW 75.30.210.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Legislative finding—1990 c 62; 1989 c 37: "The legislature finds that a significant commercial sea urchin fishery is developing within state waters. The potential for depletion of the sea urchin stocks in these waters is increasing, particularly as the sea urchin fishery becomes an attractive alternative to fishermen facing increasing restrictions on other types of commercial fishery activities. The legislature finds that the number of vessels engaged in commercial sea urchin fishing has steadily increased. This factor, combined with advances in marketing techniques, has resulted in strong pressures on the supply of sea urchins. The legislature desires to maintain the livelihood of those vessel owners who have historically and continuously participated in the sea urchin fishery. The legislature desires that the director have the authority to consider extenuating circumstances concerning failure to meet landing requirements for both initial endorsement issuance and endorsement renewal. The legislature finds that increased regulation of commercial sea urchin fishing is necessary to preserve and efficiently manage the commercial sea urchin fishery in the waters of the state. The legislature is aware that the continuing license provisions of the administrative procedure act, RCW 34.05.422(3) provide procedural safeguards, but finds that the pressure on the sea urchin resource endangers both the resource and the economic well-being of the sea urchin fishery, and desires, therefore, to exempt sea urchin endorsements from the continuing license provision." [1990 c 62 § 1; 1989 c 37 § 1.] 77.70.160 Emerging commercial fishery designation—Experimental fishery permits. (1) The director may issue experimental fishery permits for commercial harvest in an emerging commercial fishery for which the director has determined there is a need to limit the number of partici(2002 Ed.) License Limitation Programs pants. The director shall determine by rule the number and qualifications of participants for such experimental fishery permits. Only a person who holds an emerging commercial fishery license issued under RCW 77.65.400 and who meets the qualifications established in those rules may hold an experimental fishery permit. The director shall limit the number of these permits to prevent habitat damage, ensure conservation of the resource, and prevent overharvesting. In developing rules for limiting participation in an emerging or expanding commercial fishery, the director shall appoint a five-person advisory board representative of the affected fishery industry. The advisory board shall review and make recommendations to the director on rules relating to the number and qualifications of the participants for such experimental fishery permits. (2) RCW 34.05.422(3) does not apply to applications for new experimental fishery permits. (3) Experimental fishery permits are not transferable from the permit holder to any other person. [2000 c 107 § 69; 1993 c 340 § 42; 1990 c 63 § 2. Formerly RCW 75.30.220.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Legislative finding—1990 c 63: "The legislature finds that: (1) A number of commercial fisheries have emerged or expanded in the past decade; (2) Scientific information is critical to the proper management of an emerging or expanding commercial fishery; and (3) The scientific information necessary to manage an emerging or expanding commercial fishery can best be obtained through the use of limited experimental fishery permits allowing harvest levels that will preserve and protect the state’s food fish and shellfish resource." [1990 c 63 § 1.] 77.70.170 Emerging commercial fishery designation—Legislative review. Whenever the director promulgates a rule designating an emerging commercial fishery, the legislative standing committees of the house of representatives and senate dealing with fisheries issues shall be notified of the rule and its justification thirty days prior to the effective date of the rule. [1990 c 63 § 3. Formerly RCW 75.30.230.] 77.70.180 Emerging commercial fishery—License status—Recommendations to legislature—Information included in report. (1) Within five years after adopting rules to govern the number and qualifications of participants in an emerging commercial fishery, the director shall provide to the appropriate senate and house of representatives committees a report which outlines the status of the fishery and a recommendation as to whether a separate commercial fishery license, license fee, or limited harvest program should be established for that fishery. (2) For any emerging commercial fishery designated under RCW 77.50.030, the report must also include: (a) Information on the extent of the program, including to what degree mass marking and supplementation programs have been utilized in areas where emerging commercial fisheries using selective fishing gear have been authorized; (b) Information on the benefit provided to commercial fishers including information on the effectiveness of emerging commercial fisheries using selective fishing gear in (2002 Ed.) 77.70.160 providing expanded fishing opportunity within mixed stocks of salmon; (c) Information on the effectiveness of selective fishing gear in minimizing postrelease mortality for nontarget stocks, harvesting fish so that they are not damaged by the gear, and aiding the creation of niche markets; and (d) Information on the department’s efforts at operating hatcheries in an experimental fashion by managing wild and hatchery origin fish as a single run as an alternative to mass marking and the utilization of selective fishing gear. The department shall consult with commercial fishers, recreational fishers, federally recognized treaty tribes with a fishing right, regional fisheries enhancement groups, and other affected parties to obtain their input in preparing the report under this subsection (2). [2001 c 163 § 3; 1993 c 340 § 43; 1990 c 63 § 4. Formerly RCW 75.30.240.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.70.190 Sea cucumber dive fishery license— Limitation on issuance—Surcharge—Sea cucumber dive fishery account—Transfer of license—Issuance of new licenses. (1) A sea cucumber dive fishery license is required to take sea cucumbers for commercial purposes. A sea cucumber dive fishery license authorizes the use of only one diver in the water at any time during sea cucumber harvest operations. If the same vessel has been designated on two sea cucumber dive fishery licenses, two divers may be in the water. A natural person may not hold more than two sea cucumber dive fishery licenses. (2) Except as provided in subsection (6) of this section, the director shall issue no new sea cucumber dive fishery licenses. For licenses issued for the year 2000 and thereafter, the director shall renew existing licenses only to a natural person who held the license at the end of the previous year. If a sea cucumber dive fishery license is not held by a natural person as of December 31, 1999, it is not renewable. However, if the license is not held because of revocation or suspension of licensing privileges, the director shall renew the license in the name of a natural person at the end of the revocation or suspension if the license holder applies for renewal of the license before the end of the year in which the revocation or suspension ends. (3) Where a licensee failed to obtain the license during either of the previous two years because of a license suspension by the director or the court, the licensee may qualify for a license by establishing that the person held such a license during the last year in which the person was eligible. (4) Surcharges as provided for in this section shall be collected and deposited into the sea cucumber dive fishery account hereby created in the custody of the state treasurer. Only the director or the director’s designee may authorize expenditures from the account. The sea cucumber dive fishery account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be used to retire sea cucumber licenses until the number of licenses is reduced to twenty-five, and thereafter shall only be used for sea cucumber management and enforcement. (a) A surcharge of one hundred dollars shall be charged with each sea cucumber dive fishery license renewal for licenses issued in 2000 through 2005. [Title 77 RCW—page 91] 77.70.190 Title 77 RCW: Fish and Wildlife (b) For licenses issued for the year 2000 and thereafter, a surcharge shall be charged on the sea cucumber dive fishery license for designating an alternate operator. The surcharge shall be as follows: Five hundred dollars for the first year or each of the first two consecutive years after 1999 that any alternate operator is designated and two thousand five hundred dollars each year thereafter that any alternate operator is designated. (5) Sea cucumber dive fishery licenses are transferable. After December 31, 1999, there is a surcharge to transfer a sea cucumber dive fishery license. The surcharge is five hundred dollars for the first transfer of a license valid for calendar year 2000 and two thousand five hundred dollars for any subsequent transfer whether occurring in the year 2000 or thereafter. Notwithstanding this subsection, a onetime transfer exempt from surcharge applies for a transfer from the natural person licensed on January 1, 2000, to that person’s spouse or child. (6) If fewer than twenty-five persons are eligible for sea cucumber dive fishery licenses, the director may accept applications for new licenses. The additional licenses may not cause more than twenty-five natural persons to be eligible for a sea cucumber dive fishery license. New licenses issued under this section shall be distributed according to rules of the department that recover the value of such licensed privilege. [2001 c 253 § 59; 1999 c 126 § 2; 1998 c 190 § 105; 1993 c 340 § 44; 1990 c 61 § 2. Formerly RCW 75.30.250.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. Legislative findings—1990 c 61: "The legislature finds that a significant commercial sea cucumber fishery is developing within state waters. The potential for depletion of the sea cucumber stocks in these waters is increasing, particularly as the sea cucumber fishery becomes an attractive alternative to commercial fishers who face increasing restrictions on other types of commercial fishery activities. The legislature finds that the number of commercial fishers engaged in commercially harvesting sea cucumbers has rapidly increased. This factor, combined with increases in market demand, has resulted in strong pressures on the supply of sea cucumbers. The legislature finds that increased regulation of commercial sea cucumber fishing is necessary to preserve and efficiently manage the commercial sea cucumber fishery in the waters of the state. The legislature finds that it is desirable in the long term to reduce the number of vessels participating in the commercial sea cucumber fishery to fifty vessels to preserve the sea cucumber resource, efficiently manage the commercial sea cucumber fishery in the waters of the state, and reduce conflict with upland owners. The legislature finds that it is important to preserve the livelihood of those who have historically participated in the commercial sea cucumber fishery that began about 1970 and that the 1988 and 1989 seasons should be used to document historical participation." [1990 c 61 § 1.] 77.70.200 Herring spawn on kelp fishery licenses— Number limited. The legislature finds that the wise management of Washington state’s herring resource is of paramount importance to the people of the state. The legislature finds that herring are an important part of the food chain for a number of the state’s living marine resources. The legislature finds that both open and closed pond "spawn on kelp" harvesting techniques allow for an economic return to the state while at the same time providing for the proper management of the herring resource. The legislature finds that limitations on the number of herring harvesters tends to improve the management and economic [Title 77 RCW—page 92] health of the herring industry. The maximum number of herring spawn on kelp fishery licenses shall not exceed five annually. The state therefore must use its authority to regulate the number of herring spawn on kelp fishery licenses so that the management and economic health of the herring fishery may be improved. [1993 c 340 § 36; 1989 c 176 § 1. Formerly RCW 75.30.260, 75.28.235.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.70.210 Herring spawn on kelp fishery license— Auction. (1) A herring spawn on kelp fishery license is required to commercially take herring eggs which have been deposited on vegetation of any type. (2) A herring spawn on kelp fishery license may be issued only to a person who: (a) Holds a herring fishery license issued under RCW 77.65.200 and 77.70.120; and (b) Is the highest bidder in an auction conducted under subsection (3) of this section. (3) The department shall sell herring spawn on kelp commercial fishery licenses at auction to the highest bidder. Bidders shall identify their sources of kelp. Kelp harvested from state-owned aquatic lands as defined in RCW 79.90.465 requires the written consent of the department of natural resources. The department shall give all holders of herring fishery licenses thirty days’ notice of the auction. [2000 c 107 § 70; 1993 c 340 § 37; 1989 c 176 § 2. Formerly RCW 75.30.270, 75.28.245.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.70.220 Geoduck fishery license—Conditions and limitations—OSHA regulations—Violations. (1) A person shall not harvest geoduck clams commercially without a geoduck fishery license. This section does not apply to the harvest of private sector cultured aquatic products as defined in RCW 15.85.020. (2) Only a person who has entered into a geoduck harvesting agreement with the department of natural resources under RCW 79.96.080 may hold a geoduck fishery license. (3) A geoduck fishery license authorizes no taking of geoducks outside the boundaries of the public lands designated in the underlying harvesting agreement, or beyond the harvest ceiling set in the underlying harvesting agreement. (4) A geoduck fishery license expires when the underlying geoduck harvesting agreement terminates. (5) The director shall determine the number of geoduck fishery licenses that may be issued for each geoduck harvesting agreement, the number of units of gear whose use the license authorizes, and the type of gear that may be used, subject to RCW 77.60.070. In making those determinations, the director shall seek to conserve the geoduck resource and prevent damage to its habitat. (6) The holder of a geoduck fishery license and the holder’s agents and representatives shall comply with all applicable commercial diving safety regulations adopted by the federal occupational safety and health administration established under the federal occupational safety and health act of 1970 as such law exists on May 8, 1979, 84 Stat. (2002 Ed.) License Limitation Programs 1590 et seq.; 29 U.S.C. Sec. 651 et seq. A violation of those regulations is a violation of this subsection. For the purposes of this section, persons who dive for geoducks are "employees" as defined by the federal occupational safety and health act. A violation of this subsection is grounds for suspension or revocation of a geoduck fishery license following a hearing under the procedures of chapter 34.05 RCW. The director shall not suspend or revoke a geoduck fishery license if the violation has been corrected within ten days of the date the license holder receives written notice of the violation. If there is a substantial probability that a violation of the commercial diving standards could result in death or serious physical harm to a person engaged in harvesting geoduck clams, the director shall suspend the license immediately until the violation has been corrected. If the license holder is not the operator of the harvest vessel and has contracted with another person for the harvesting of geoducks, the director shall not suspend or revoke the license if the license holder terminates its business relationship with that person until compliance with this subsection is secured. [2000 c 107 § 71; 1998 c 190 § 106; 1993 c 340 § 46. Formerly RCW 75.30.280.] Finding, intent—Captions not law—Effective date—Severability— 1993 c 340: See notes following RCW 77.65.010. 77.70.230 Ocean pink shrimp—Delivery license— Requirements and criteria—Continuous participation. A person shall not commercially deliver into any Washington state port ocean pink shrimp caught in offshore waters without an ocean pink shrimp delivery license issued under RCW 77.65.390, or an ocean pink shrimp single delivery license issued under RCW 77.70.260. An ocean pink shrimp delivery license shall be issued to a vessel that: (1) Landed a total of at least five thousand pounds of ocean pink shrimp in Washington in any single calendar year between January 1, 1983, and December 31, 1992, as documented by a valid shellfish receiving ticket; and (2) Can show continuous participation in the Washington, Oregon, or California ocean pink shrimp fishery by being eligible to land ocean pink shrimp in either Washington, Oregon, or California each year since the landing made under subsection (1) of this section. Evidence of such eligibility shall be a certified statement from the relevant state licensing agency that the applicant for a Washington ocean pink shrimp delivery license held at least one of the following permits: (a) For Washington: Possession of a delivery permit or delivery license issued under RCW 77.65.210; (b) For Oregon: Possession of a vessel permit issued under Oregon Revised Stat