Title 77 — Title 77 FISH AND WILDLIFE
28 chapters · 644 sections in this title.
RCW 77.55.011 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, stormwater runoff devices, or oth…
RCW 77.55.021 Permit.
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(1) Except as provided in RCW 77.55.031, 77.55.051, 77.55.041, and 77.55.361, in the event that any person or government agency desires to undertake a hydraulic project, the person or government agency shall, before commencing work thereon, secure the approval of the department i…
RCW 77.55.031 Driving across established ford.
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The act of driving across an established ford is exempt from a permit. Driving across streams or on wetted streambeds at areas other than established fords requires a permit. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requir…
RCW 77.55.041 Derelict fishing, crab, and other shellfish gear—Removal.
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(1) The removal of derelict fishing gear does not require a permit under this chapter if the gear is removed according to the guidelines described in RCW 77.12.865.(2) The removal of crab and other shellfish gear does not require a permit under this chapter if the gear is removed…
RCW 77.55.051 Spartina/purple loosestrife—Removal or control.
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(1) An activity conducted solely for the removal or control of spartina does not require a permit.(2) An activity conducted solely for the removal or control of purple loosestrife and which is performed with handheld tools, handheld equipment, or equipment carried by a person doe…
RCW 77.55.061 Hazardous substance remedial actions—Procedural requirements not applicable.
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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 70A.305 RCW, or to the department of ecology when it conducts a remedial action und…
RCW 77.55.081 Removal or control of aquatic noxious weeds—Rules—Pamphlet.
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(1) By June 30, 1997, the department 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 hydraulic projects for controlling purple loosestrife not covered by…
RCW 77.55.091 Small scale prospecting and mining—Rules.
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(1) Small scale prospecting and mining shall not require a permit under this chapter if the prospecting is conducted in accordance with rules established by the department.(2) By December 31, 1998, the department shall adopt rules applicable to small scale prospecting and mining …
RCW 77.55.101 Environmental excellence program agreements—Effect on chapter.
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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 cha…
RCW 77.55.111 Habitat incentives agreement.
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When a private landowner is applying for a permit under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of natural resources as provided in RCW 77.55.121, the department shall comply with the terms of that agr…
RCW 77.55.121 Habitat incentives program—Goal—Requirements of agreement—Application evaluation factors.
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(1) Beginning in January 1998, the department and the department of natural resources shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wild…
RCW 77.55.131 Dike vegetation management guidelines—Memorandum of agreement.
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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 requi…
RCW 77.55.151 Permit issued to a marina or marine terminal for regular maintenance activities.
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(1) Upon application under RCW 77.55.021, the department shall issue a renewable, five-year permit to a marina or marine terminal for its regular maintenance activities identified in the application.(2) For the purposes of this section, regular maintenance activities may include,…
RCW 77.55.161 Stormwater discharges.
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(1) Notwithstanding any other provision of this chapter, all permits related to stormwater discharges must follow the provisions established in this section.(2) Permits issued in locations covered by a national pollution discharge elimination system municipal stormwater general p…
RCW 77.55.171 Watershed restoration projects—Permit processing.
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A permit required by the department for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.[ 2005 c 146 s 504; 1995 c 378 s 14. Formerly RCW 77.55.210, 75.20.170.]Notes:Part headings not law—2005 c 146…
RCW 77.55.181 Fish habitat enhancement project—Permit review and approval process—Fees—Limitation of liability.
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(1)(a) In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under this section and must be a project to accomplish one or more of the following tasks:(i) Elimination of human-made or caused f…
RCW 77.55.191 Columbia river anadromous fish sanctuary—Restrictions.
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(1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game…
RCW 77.55.201 Landscape management plan.
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A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2) shall serve as a permit for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.[ 2005 c 146 s 507.]Notes:Part…
RCW 77.55.211 Informational brochure.
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The department, the department of ecology, and the department of natural resources shall jointly develop an informational brochure that describes when permits and any other authorizations are required for flood damage prevention and reduction projects, and recommends ways to best…
RCW 77.55.221 Flood damage repair and reduction activities—Five-year maintenance permit agreements.
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The department shall, at the request of a county, develop five-year maintenance permit agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200, or other watershed plan approved by a county legislative authority, to all…
RCW 77.55.231 Conditions imposed upon a permit—Reasonably related to project—Least impactful modifications—Minor modifications to plans/work timing.
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(1)(a) Conditions imposed upon a permit must be reasonably related to the project. The permit conditions must ensure that the project provides proper protection for fish life, but the department may not impose conditions that attempt to optimize conditions for fish life that are …
RCW 77.55.241 Off-site mitigation.
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(1) The legislature finds that the construction of hydraulic projects may require mitigation for the protection of fish life, and that the mitigation may be most cost-effective and provide the most benefit to the fish resource if the mitigation is allowed to be applied in locatio…
RCW 77.55.251 Mitigation plan review.
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When reviewing a mitigation plan under RCW 77.55.021, the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030.[ 2005 c 146 s 603; 2000 c 107 s 15; 1997 c 424 s 6. Formerly RCW 77.55.090, 75.20.098.]Notes:Part…
RCW 77.55.261 Placement of woody debris as condition of permit.
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Whenever the placement of woody debris is required as a condition of a permit issued under RCW 77.55.021, the department, upon request, shall invite comment regarding that placement from the local governmental authority, affected tribes, affected federal and state agencies, and t…
RCW 77.55.271 Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required.
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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…
RCW 77.55.281 Fishways on certain agricultural drainage facilities.
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(1) The department may not require a fishway on a tide gate, flood gate, or other associated man-made agricultural drainage facilities as a condition of a permit if such a fishway was not originally installed as part of an agricultural drainage system existing on or before May 20…
RCW 77.55.331 Hydraulic project approval account.
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(1) The hydraulic project approval account is created in the state treasury. All receipts from application fees for hydraulic project approval applications collected under *RCW 77.55.321 must be deposited into the account.(2) Except for unanticipated receipts under RCW 43.79.260 …
RCW 77.55.341 Department to prepare and distribute information to the public.
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The department shall prepare and distribute technical and educational information to the general public to assist the public in complying with the requirements of this chapter, including the changes resulting from chapter 1, Laws of 2012 1st sp. sess.[ 2012 1st sp.s. c 1 s 107.]N…
RCW 77.55.351 Department to develop system to provide access to hydraulic project approval applications.
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The department shall develop a system to provide local governments, affected tribes, and other interested parties with access to hydraulic project approval applications.[ 2012 1st sp.s. c 1 s 108.]Notes:Finding—Intent—Limitation—Jurisdiction/authority of Indian tribe under act—20…
RCW 77.55.361 Limitations of chapter to a forest practices hydraulic project—Adoption of rules for concurrent review process—Department's duties regarding chapter 76.09 RCW.
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(1) The requirements of this chapter do not apply to any forest practices hydraulic project, or to any activities that are associated with such a project, upon incorporation of fish protection standards adopted under this chapter into the forest practices rules and approval of te…
RCW 77.55.371 Memorandum of agreement to implement integration of hydraulic project approvals into forest practices applications—Interagency contract.
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(1) The department and the department of natural resources shall enter into and maintain a memorandum of agreement between the two agencies that describes how to implement integration of hydraulic project approvals into forest practices applications consistent with chapter 1, Law…
RCW 77.55.400 Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination.
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(1) A person proposing construction or other work landward of the ordinary high water line that will use, divert, obstruct, or change the natural flow or bed of state waters shall submit a permit application to the department. However, if a person is unsure about whether the work…
RCW 77.55.410 Violation of chapter.
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(1) When the department determines that a violation of this chapter, or of any of the rules that implement this chapter, has occurred or is about to occur, it shall first attempt to achieve voluntary compliance. The department shall offer information and technical assistance to t…
RCW 77.55.420 Stop work order—Notice—Appeal.
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(1) The department may serve upon a project proponent a stop work order, which is a final order of the department, if:(a) There is any severe violation of this chapter or of the rules implementing this chapter or there is a deviation from the hydraulic project approval that may c…
RCW 77.55.430 Notice to comply—Notice—Appeal.
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(1)(a) If a violation of this chapter or of the rules implementing this chapter, a deviation from the hydraulic project approval, damage to fish life or fish habitat, or potential damage to fish life or fish habitat, has occurred and the department determines that a stop work ord…
RCW 77.55.440 Penalties—Notice—Appeal—Authority of attorney general to recover penalty—Penalty schedule.
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(b) *[(1)] Penalties must be authorized by senior or executive department personnel. The department shall initiate rule making to identify the appropriate level of senior and executive level staff approval for these actions based on the level of financial effect on the violator a…
RCW 77.55.450 Administrative inspection warrant.
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(1) The department may apply for an administrative inspection warrant in either Thurston county superior court or the superior court in the county in which the hydraulic project is located. The court may issue an administrative inspection warrant where:(a) Department personnel ne…
RCW 77.55.460 Disapproval of an application—Notice—Review.
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(1) The department may disapprove an application for hydraulic project approval submitted by a person who has failed to comply with a final order issued pursuant to RCW 77.55.420 or 77.55.430 or who has failed to pay civil penalties issued pursuant to RCW 77.55.440. Applications …
RCW 77.55.470 Remedies under chapter not exclusive.
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The remedies under this chapter are not exclusive and do not limit or abrogate any other civil or criminal penalty, remedy, or right available in law, equity, or statute.[ 2019 c 290 s 11.]Notes:Finding—Intent—2019 c 290: See note following RCW 77.12.085.