Washington Administrative Code

Rule applicability1.1The following rules are only applicable and enforceable when the bald eagle is listed under state law as threatened or endangered.Purpose2.1The purpose of these rules is to protect the habitat and thereby maintain the population of the bald eagle so that the …

Purpose1.1The purpose of this rule is to identify and classify native wildlife species that have need of protection and/or management to ensure their survival as free-ranging populations in Washington and to define the process by which listing, management, recovery, and delisting…

(1) "Volunteer group" means any person or group of persons interested in or party to an agreement with the department of fish and wildlife relating to a cooperative fish or wildlife project.(2) "Cooperative project" means a project conducted by a volunteer group that will benefit…

The following information should be furnished in writing on forms provided by the department by volunteer groups when applying for a cooperative fish and wildlife project.(1) Date of application.(2) Name of volunteer group or person proposing cooperative project. If a group, give…

(1) The application method is on application forms provided by the department specifically for this purpose. Application forms will be available by request from the Olympia headquarters and at all regional offices of the department.(2) Applications for projects will be accepted a…

The following criteria will be considered by the department in ranking project proposals for funding. These criteria are not rigid but are intended to guide the department in selecting projects that are feasible, cost-effective and complementary with other department programs.(1)…

(1) The terms and conditions for an acceptable project will be set forth in a written contract between the department and the volunteer group and provide specifics for project implementation. Agreements may be for up to five years.(2) Each approved agreement will include the foll…

(1) The department may revoke approval and terminate agreements for cause. Grounds for termination include:(a) Violation of the agreement provisions.(b) The development of unacceptable biological or resource management conflicts.(c) The unavailability of adequate financial or bio…

Cooperative projects which rear salmon have the potential for generating income from the sale of surplus salmon carcasses and eggs derived from fishes produced at those projects, and to which salmon return to spawn at the end of their life cycle. If the department determines that…

The purpose of this section is to establish regional fisheries enhancement groups, adopt procedures for the implementation of enhancement projects, and provide for accountability.[Statutory Authority: RCW 77.04.012, 77.04.013, 77.04.020, 77.04.055, and 77.12.047. WSR 17-05-112 (O…

The following definitions apply to this chapter:(1) "Regional fisheries enhancement group" or "group" means a nonprofit association established in compliance with Title 24 RCW, representing diverse interests, and which will work together within a predesignated area for the expres…

The following geographical areas define regions in which groups have been formed, and established as provided for in this chapter, such groups are eligible to make funding requests through the department. There shall be one group per region.Region 1: Nooksack Salmon Enhancement A…

(1) In order to establish a regional fisheries enhancement group, interested parties must make application through the department. In order to qualify to establish a group, interested parties must:(a) Identify which geographic region the interested parties live in.(b) Identify th…

(1) Regional fisheries enhancement groups whose projects produce surplus salmon carcasses and eggs may request that the department sell such surplus, providing the following conditions are met:(a) Salmon must be returning to a department approved group facility (hatchery, trap or…

The following provisions apply to all nonnative aquatic animal species except nonnative species in ballast water, which are provided for in chapter 220-650 WAC. The definitions of invasive species, prohibited species and regulated species as used in this section are the same as i…

Any person who fails to stop at a mandatory check station is guilty of a gross misdemeanor under RCW 77.15.809; however, if a person has never been previously issued either a citation or warning for this violation, the violation may be issued as an infraction under RCW 77.15.160.…

Prior to or at the time of classifying species by rule as prohibited or regulated, the department, in consultation with the invasive species council, must adopt rules establishing standards for determining invasive risk levels and criteria for determining beneficial use that take…

The following species are classified as prohibited level 1 species:(1) Crustaceans:(a) Family Portunidae: Carcinus maenas, European green crabs.(b) Family Varunidae: Genus Eriocheir: All members, Mitten crabs.(2) Fish:(a) Family Channidae: Genus Channa: All members, snakeheads.(b…

The following are classified as prohibited level 2 species: None.[Statutory Authority: RCW 77.04.090, 77.04.130, 77.15.568, 77.08.010, 77.65.510, 77.65.515, 77.65.520. WSR 18-16-042 (Order 18-162), § 220-640-040, filed 7/25/18, effective 8/25/18. Statutory Authority: RCW 77.04.09…

The following species are classified as prohibited level 3 species:(1) Amphibians:(a) Family Ambystomatidae:(i) Ambystoma californiense, California tiger salamander.(ii) Ambystoma laterale, Blue-spotted salamander.(iii) Ambystoma opacum, Marbled salamander.(iv) Ambystoma rosaceum…

(1) It is lawful to possess dead prohibited level 3 species for human or animal consumption use. For purpose of this rule, "dead" is defined as the following forms:(a) Fully cooked;(b) Frozen solid;(c) Canned or otherwise vacuum-sealed in a container;(d) Preserved by drying, salt…

The following species are classified regulated Type A species:(1) Fish:(a) All nonnative fish classified as food fish under WAC 220-300-370 and game fish under WAC 220-300-380.(b) Family Cichlidae:(i) Genus Oreochromis: All members.(ii) Genus Sarotherodon: All members.(iii) Genus…

The following species are automatically classified as regulated Type B species and do not require listing by rule:(1) A nonnative aquatic animal species not listed under WAC 220-640-030 Prohibited level 1 species, WAC 220-640-040 Prohibited level 2 species, WAC 220-640-050 Prohib…

The following species are classified as regulated Type C species and do not require listing by rule:(1) A nonnative aquatic animal species not listed under WAC 220-640-030 Prohibited level 1 species, WAC 220-640-040 Prohibited level 2 species, WAC 220-640-050 Prohibited level 3 s…

It is unlawful to introduce into the state or possess a prohibited level 1, level 2, or level 3 species except as provided in this section.(1) Scientific research or display permit: The director may authorize, by prior written permit, a person to possess prohibited level 1, prohi…

(1) It is unlawful to import live aquatic organisms, including plants, for release into state waters from any state or Canadian province east of the Continental Divide without each importation being accompanied by a zebra mussel (Dreissena polymorpha)/Quagga mussel (Dreissena ros…

(1) Capture of prohibited species in state waters: Any Prohibited level 1, level 2, or level 3 species that are captured in state waters must be:(a) Immediately killed and removed from within the riparian perimeter of the body of water; or(b) Immediately returned to the water fro…

A person who possessed a prohibited level 1, level 2, or level 3 species prior to the time the species was classified as prohibited may continue to hold the animal or animals for the life of the animals, provided that:(1) The person must maintain proof of possession prior to the …

(1) The following animals are hereby designated as deleterious exotic wildlife:(a) Birds: In the family Anatidae, the mute swan (Cygnus olor).(b) Mammals:(i) In the family Viverridae, the mongoose (all members of the genus Herpestes).(ii) In the family Suidae, the wild boar (Sus …

(1) Purpose.(a) These rules apply to vessels as recognized under RCW 77.120.020. Owners or operators of vessels to which this chapter does not apply are encouraged to voluntarily comply to the extent possible.(b) These rules are provided to fulfill the legislative general directi…

(1) In general. The definitions herein are provided solely for the purposes of ballast water management unless otherwise noted. Nonindigenous species and ballast water management definitions from RCW 77.08.010 and 77.120.010 are included as noted to provide a comprehensive listin…

(1) Purpose. These rules apply to all vessels subject to ballast water management provisions under chapter 77.120 RCW. The intent of the state's ballast water management program is to minimize the risk of introducing nonindigenous species from ballast water and ballast tank sedim…

(1) In general. Department employees shall have the right to board and inspect vessels, without advance notice, to provide technical assistance, assess compliance, and enforce the requirements of this chapter as provided in RCW 77.120.070, so long as such inspections are conducte…

(1) In general. The department will identify, publish, and maintain a list of vessels that pose an elevated risk of discharging ballast water or sediment containing nonindigenous species into the waters of the state. Vessels on this list will be prioritized for evaluation and boa…

(1) In general. The department may require a vessel owner or operator to submit a temporary compliance plan or a temporary alternative strategy to bring its vessel into compliance with state ballast water management law. Temporary compliance plans and alternative strategies are o…

(1) Purpose. Until otherwise required to meet performance standards under WAC 220-650-090 and prior to discharging ballast water into Washington waters, vessel owners or operators must exchange their ballast water to meet or exceed state interim open sea exchange requirements or …

(1) In general. For purposes of this section, a vessel owner or operator may use an exchange alternative instead of conducting an open sea exchange, except for Columbia River ports unless specifically approved, provided:(a) The vessel owner or operator is not otherwise required t…

Reserved.[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 § 220-650-090, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047, 77.120.030, 77.120.040, and 77.120.070. WSR 09-14-052 (Ord…

(1) Purpose. This section implements RCW 77.120.040 (5)(a). All vessels using treatment technologies designed to meet state ballast water discharge performance standards are required to notify the department prior to or within thirty days of their first use in waters of the state…

(1) Purpose. A vessel owner or operator may not remove or discharge sediment or tank fouling organisms into waters of the state from spaces carrying ballast water unless that sediment or those organisms are discharged solely in the location from which they originated. Sediment is…

(1) Purpose. The department may issue a verbal warning, notice of correction, or notice of civil penalty up to twenty-seven thousand five hundred dollars for each day of a continuing violation of the requirements of ballast water management regulations pursuant to RCW 77.120.070.…

A hydraulic project is the construction or performance of work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. Unless otherwise provided, any person who wants to conduct a hydraulic project must get a constructio…

The technical provisions in WAC 220-660-090 through 220-660-460 represent common provisions for the protection of fish life for typical projects proposed to the department. Implementing these provisions is necessary to minimize project-specific and cumulative impacts to fish life…

The following are definitions for terms used in this chapter.(1) "Abandoning an excavation site" means not working an excavation site for forty-eight hours or longer.(2) "Aggregate" means a mixture of minerals separable by mechanical or physical means.(3) "Aquatic beneficial plan…

(1) When an HPA is required: A person must obtain an HPA from the department before conducting a hydraulic project, unless the activity is exempt from this requirement as provided in subsection (2) of this section.(2) No HPA is required for the following hydraulic projects:(a) In…

(1) Description:(a) There are six categories of HPAs: Standard, emergency, imminent danger, chronic danger, expedited, and pamphlet. These categories are discussed in more detail throughout this section. Most HPAs issued by the department are standard HPAs. Guidance for applying …

(1) Description:(a) In 1999, the Forests and Fish Report and Engrossed Substitute House Bill 2091, which amended the Forest Practices Act, chapter 76.09 RCW, envisioned a more integrated approach to permitting hydraulic projects that also require forest practices applications (FP…

(1) The department may modify or delete technical provisions in this chapter through establishing conditions on an HPA permit when any of the following is demonstrated:(a) There is no logical application to a project;(b) A person provides an alternative to the provision that demo…

(1) Description: The department defines mitigation as sequentially avoiding impacts, minimizing and rectifying unavoidable impacts, and compensating for remaining impacts. This mitigation must achieve no net loss.(2) Fish life concerns: Work conducted in or near water can negativ…

Technical provisions are avoidance and minimization mitigation measures commonly used to protect fish life. WAC 220-660-100 through 220-660-450 are common technical provisions listed by hydraulic project types. All projects will also be reviewed relative to the provisions of WAC …