Washington Administrative Code

(1) It is unlawful for operators of motorized commercial whale watching vessels to operate one-quarter nautical mile from shore from Mitchell Point to Cattle Point on the west side of San Juan Island or within one-half nautical mile of Lime Kiln Point State Park. Paddle guides an…

(1) Tours involving any nonmotorized watercraft used for the purposes of paddle tours, such as kayaks, are subject to these requirements. Such watercraft constitute paddle tour vessels and are referred to as "vessels" in this chapter. Regardless of the type of nonmotorized waterc…

(1) An automatic identification system (AIS) must be fitted aboard all motorized commercial whale watching vessels. The AIS must be capable of providing information about the vessel (including the vessel's identity, type, position, course, speed, and navigational status) to state…

(1) Commercial whale watching or paddle tour license holders in violation of WAC 220-460-090 may be issued a notice of infraction punishable under chapter 7.84 RCW that carries a fine of $500, not including statutory assessments added pursuant to RCW 3.62.090.(2) Commercial whale…

If any provision of the chapter or its application to any covered party, person, or circumstance is held invalid, the remainder of the chapter or application of the provision to other covered parties, persons, or circumstances is not affected.[Statutory Authority: RCW 77.12.047, …

The primary purpose of department lands is the preservation, protection, perpetuation and management of fish and wildlife and their habitats. Public use of department lands may include fishing, hunting, fish and wildlife appreciation, and other outdoor recreational opportunities …

Definitions used in rules of the fish and wildlife commission are defined in RCW 77.08.010. In addition, unless otherwise provided:(1) "Aircraft" means any machines designed to travel through the air, whether heavier or lighter than air, including but not limited to airplanes, di…

(1)(a) It is unlawful to engage in disorderly conduct on department lands. Disorderly conduct is a misdemeanor, pursuant to RCW 9A.84.030.(b) For the purposes of this subsection, a person is guilty of disorderly conduct if he or she:(i) Uses abusive language and thereby intention…

(1) The director may close or restrict access to department lands by an emergency or other permanent regulation on a seasonal, emergent, or permanent basis to protect human safety, vulnerable fish and wildlife resources or habitats, and department or other infrastructures from da…

(1) A person must obtain the express written permission of the department to construct, create, modify, repair, relocate, or maintain a new or existing road, trail, sign, structure, or other facility or improvement. Such express written permission may be included in a volunteer a…

(1) It is unlawful for any person to bring or lead domestic goats or sheep onto the following department wildlife area units or other WDFW-managed lands posted as closed to domestic goats or sheep, unless otherwise permitted by the director to do so:(a) Asotin Creek Wildlife Area…

(1) Fish and wildlife officers and ex officio fish and wildlife officers have the authority to remove from department lands people who have violated the law or failed to obey department regulations.(2) It is unlawful to fail, neglect, or refuse to obey the directions of such offi…

It is unlawful to use department lands for any commercial purposes without a permit from the director.[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-500-060, filed 2/15/17, effective 3/18/17. S…

It is unlawful to sponsor, conduct, or hold a private or public event, involving more than thirty people, on department lands without a permit from the director.[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recod…

It is unlawful to operate a motor driven vehicle on a road controlled or managed by the department pursuant to road management agreement in a manner or for a purpose contrary to posted signs or notices except as authorized by the director.Violation of this section is an infractio…

(1) Except as authorized by the director or the commissioner of public lands, it is unlawful to land aircraft on department lands, except in the case of a bona fide emergency.(2) This section does not apply to official aircraft used in the performance of department approved scien…

(1) It is unlawful to establish or occupy a camp on department lands in excess of twenty-one days within a thirty-day period, except when allowed by department posted notice.(2) It is unlawful to establish or occupy a residence camp on department lands. For purposes of this secti…

With the exception of campfires, fires in stoves, lanterns and barbeques, and fire used by the department for habitat management, it is unlawful to start or tend any other fire on department lands. Lawful campfires are limited to a maximum of three feet in diameter and three feet…

(1) It is unlawful for any person to throw, drop, or leave any discarded object, garbage, trash or rubbish, upon any department lands except into a litter or garbage receptacle or container installed for that purpose on such property. Violation of this subsection is pursuant to R…

(1)(a) It is unlawful to dig pits for the purpose of hunting waterfowl, or to cut trees or attach artificial fasteners (such as wire, staples or nails) to trees for the construction of camps, blinds and tree stands on department lands.(b) All nonnatural materials used in the cons…

(1) The department may designate or restrict locations, times, and manner for recreational target shooting upon department land, consistent with resource management concerns, management agreements or requirements, recreational use compatibility, or public safety concerns.(2) Pers…

It is unlawful to discharge or possess fireworks, model rockets, or other devices containing any explosive or flammable compounds on department lands. This does not apply to gasoline or diesel powered equipment, cooking stoves or grills, lanterns, lighters, or heaters, or legal f…

(1)(a) It is unlawful to park or leave a vehicle unattended for more than twenty-one days on department lands without a permit from the director.(b) It is unlawful to leave a motor vehicle or trailer parked or standing on department lands when the vehicle is blocking access to a …

(1) The department may prohibit or regulate pets, except for bona fide service animals for persons with disabilities, on department lands.(2) It is unlawful for any person to allow pets to roam unattended on department lands.(3)(a) It is unlawful to cause or allow a pet to roam u…

Unless otherwise provided, violation of any of the provisions of this chapter constitutes an infraction, pursuant to RCW 77.15.020 and 77.15.160.[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Order 17-04), recodified as § 220-5…

It is unlawful for any person to allow domesticated animals to be unattended on, or to permit livestock to graze upon land under the control of the department without a written permit from the director. In addition to other penalties provided by law, any such person may be liable…

All persons wishing to apply for a grazing permit for acreage managed by the Washington department of fish and wildlife should contact the department at P.O. Box 43200, Olympia, Washington 98504-3200.(1) The director is authorized to issue grazing permits when the director determ…

It is unlawful to remove petrified wood, minerals, fossils, wood products or artifacts from department lands unless such removal is authorized by a permit issued by the director.[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (Or…

It is unlawful for any person to throw, to drop, or to leave any discarded object, garbage, debris, or waste upon any of the properties owned, leased or controlled by the department except into a litter or garbage receptacle or container installed for that purpose on such propert…

(1) It is unlawful to discharge firearms or archery equipment within a posted safety zone on department controlled lands. Violating this subsection is a misdemeanor, pursuant to RCW 77.15.230.(2) It is unlawful to disobey posted notices or signs on department controlled lands. Vi…

(1) The purpose of this chapter is to implement chapter 197-11 WAC, SEPA rules, as applicable to the department.(2) These policies and procedures are developed to implement SEPA in a manner which reduces duplication, establishes effective and uniform rules, encourages public invo…

The department fully endorses the intent and purpose of SEPA and will make every effort to implement and fulfill the intent and requirements of SEPA and the SEPA rules. The department will make every effort to implement SEPA in the best manner possible with the resources availabl…

(1) The definitions of the words and terms of WAC 197-11-700 through 197-11-730 and WAC 197-11-734 through 197-11-799 are made a part of this chapter.(2) "Environmental document" means any written public document prepared under chapter 197-11 WAC, including department comment let…

(1) It is the intent of the department that compliance with this chapter shall constitute complete procedural compliance with SEPA for all actions as defined in WAC 197-11-704.(2) This chapter applies to all department actions as defined in WAC 197-11-704.(3) To the fullest exten…

During threshold determination and in determining whether a proposal is exempt from SEPA, the department shall give due consideration to exempt levels adopted by local governments under WAC 197-11-800.[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12…

During threshold determination and in determining whether a proposal is exempt from SEPA, the department shall give due consideration to a local government's critical area categorical exemption designations made by local governments under WAC 197-11-908.[Statutory Authority: RCW …

(1) The policy of the department is to avoid or mitigate adverse environmental impacts that may result from department actions. This policy results from:(a) The legislated duties of the department with respect to fish and wildlife; and(b) Recognition of the fact that each person …

(1) When another agency is the lead agency, the department's environmental review process will normally begin upon receipt of a determination of nonsignificance (DNS), determination of significance (DS), scoping notice, or draft environmental impact statement (DEIS). When the dep…

(1) The department, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080.(2) The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the department, applicant, or proponen…

(1) The applicant for each proposal for which the department is the lead agency shall submit a complete environmental checklist along with a complete application for the required approval.(2) After review of the environmental checklist, the department may require the applicant to…

(1) Whenever the department is an agency of jurisdiction and determines that a DNS issued by another lead agency is inappropriate and that the proposal in question could cause significant harm to the resources under its jurisdiction, the department may assume lead agency status p…

Under normal circumstances, the responsible official is the SEPA/NEPA coordinator or the habitat program's designee. The responsible official shall carry out duties and functions for the purpose of assuring the department's compliance with SEPA and SEPA rules. The responsible off…

(1) An applicant may ask the department whether issuance of a DS is likely for a proposal. This request for early notice must:(a) Be written;(b) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency;…

The department designates the environmental services division of the habitat program as its SEPA public information center. The mailing address is SEPA Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091.[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77…

(1) When required under chapter 197-11 WAC, the department will give public notice by one or more of the following methods as appropriate for the specific circumstances:(a) Notifying public and private groups and agencies with known interest in a certain proposal or in the type o…

Except as modified by this chapter, the department adopts the SEPA guidelines as adopted by the department of ecology (chapter 197-11 WAC) and as modified or amended from time to time. Substantial compliance with these guidelines shall constitute compliance with this chapter.[Sta…

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020…

Endangered species include:Common NameScientific NameOregon vesper sparrowPooecetes gramineus affinispygmy rabbitBrachylagus idahoensisfisherPekania pennantigray wolfCanis lupusgrizzly bearUrsus arctoskiller whaleOrcinus orcasei whaleBalaenoptera borealisfin whaleBalaenoptera phy…

(1) It is unlawful to fish for or possess any fish listed as threatened in 50 C.F.R. §17.11, pursuant to the federal Endangered Species Act, unless fishing for or possession of such fish is specifically allowed under federal or state law.(2) Each fish possessed in violation of th…

(1) It is unlawful to fish for or possess any fish listed as endangered in 50 C.F.R. §17.11, pursuant to the federal Endangered Species Act, unless fishing for or possession of such fish is specifically allowed under federal or state law.(2) Each fish possessed in violation of th…