Title 77, Title 77 FISH AND WILDLIFE

This title is known and may be cited as "Fish and Wildlife Code of the State of Washington."[ 2000 c 107 s 201; 1990 c 84 s 1; 1980 c 78 s 2; 1955 c 36 s 77.04.010. Prior: 1947 c 275 s 1; Rem. Supp. 1947 s 5992-11.]Notes:Effective date—1980 c 78: "This act shall take effect on Ju…

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 wil…

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 regulator…

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 s 202; 1996 c 267 s 32; 1993 sp.s. c 2 s 59; 1987 c 506 s 4; 1980 c 78 s 3; 1955 c 36…

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…

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 making these appointments, the governor shall se…

(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 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…

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 commissio…

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…

(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 t…

(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 tha…

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 s 13 (Referendum Bill No. 45, approved N…

Actions under this chapter are subject to the notification requirements of RCW 43.17.400.[ 2007 c 62 s 7.]Notes:Finding—Intent—Severability—2007 c 62: See notes following RCW 43.17.400.

(1) The commission must appoint an advisory committee to generally represent the interests of hunters and fishers with disabilities on matters including, but not limited to, special hunts, modified sporting equipment, access to public land, and hunting and fishing opportunities. …

(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…

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 appropr…

The definitions in this section apply throughout this title or rules adopted under this title unless the context clearly requires otherwise.(1) "Angling gear" means a line attached to a rod and reel capable of being held in hand while landing the fish or a handheld line operated …

(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 NameCommon NameAmbloplites rupestrisrock bassCoregonus clupeaformisl…

"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…

"Salmon" means all species of the genus Oncorhynchus, except those classified as game fish in RCW 77.08.020, and includes:Scientific NameCommon NameOncorhynchus tshawytschaChinook salmonOncorhynchus kisutchCoho salmonOncorhynchus ketaChum salmonOncorhynchus gorbuschaPink salmonOn…

As used in this title or rules of the commission, "big game" means the following species:Scientific NameCommon NameCervus canadensiselk or wapitiOdocoileus hemionusblacktail deer or mule deerOdocoileus virginianuswhitetail deerAlces americanamooseOreamnos americanusmountain goatR…

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;(2) "Migratory bird" means migratory waterfowl and coots, snipe, doves, and band-tailed pigeon;(3) "Migratory bi…

For the purposes of this title or rules adopted under this title, "resident" means:(1) A natural 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 a…

For the purposes of this title, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to ma…

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 fishing methods upon a determination by the director that an i…

(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.(…

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, …

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 bear…

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 dir…

Actions under this chapter are subject to the notification requirements of RCW 43.17.400.[ 2007 c 62 s 8.]Notes:Finding—Intent—Severability—2007 c 62: See notes following RCW 43.17.400.

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 t…

(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 p…

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 fi…

(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 unlaw…

(1) The department must implement practices necessary to maintain pollinator habitat on department-owned and managed agricultural and grazing lands where practicable.(2) The department must evaluate various restoration techniques with the goal of improving habitat for native poll…

The department and the state parks and recreation commission shall disseminate information about RCW 77.15.740, whale and wildlife viewing guidelines, and other responsible wildlife viewing messages to educate Washington's citizens on how to reduce the risk of disturbing southern…

(1) Department employees, in carrying out their duties under this title on public lands or state waters, may:(a) Collect samples of tissue, fluids, or other bodily parts of fish, wildlife, or shellfish; or(b) Board vessels in state waters engaged in commercial and recreational ha…

The fish and wildlife federal lands revolving account is created in the custody of the state treasurer. All receipts from the proceeds of good neighbor agreements as defined in RCW 79.02.010 and implemented by the department of fish and wildlife and all legislative transfers, gif…

(1) The commission shall adopt by rule a process and criteria to select persons who may act as agents of the state for the purpose of using one or more dogs to hunt or pursue black bear, cougar, or bobcat to protect livestock, domestic animals, private property, or the public saf…

The commission shall adopt rules to liberalize bag limits for bass, walleye, and channel catfish in all anadromous waters of the state in order to reduce the predation risk to salmon smolts.[ 2019 c 290 s 2.]Notes:Finding—Intent—2019 c 290: "(1) The legislature finds that the pop…

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Nonprofit organization" means any:(i) Organization described in section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) and exempt fro…

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 s 23; 1980 c 78 s 28; 1955 c 36 s 77.12.14…

(1) 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 anim…

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 s 14 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 …

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 a…

(1) There is established in the state treasury the limited fish and wildlife account which consists of moneys received from:(a) Fees for personalized vehicle, Wild on Washington, and Endangered Wildlife license plates, Washington's Wildlife license plate collection, and Washingto…

(1) Except as provided in this title, state and county officers receiving the following moneys shall deposit them in the fish, wildlife, and conservation account:(a) The sale of commercial licenses required under this title; and(b) Moneys received for damages to fish, shellfish, …

(1) The department shall deposit all moneys received from the following activities into the fish, wildlife, and conservation account created in RCW 77.12.170(3):(a) The sale of interpretive, recreational, historical, educational, and informational literature and materials;(b) The…

Moneys in the limited fish and wildlife account and fish, wildlife, and conservation account created in RCW 77.12.170 may be used only for the purposes of this title, including the payment of principal and interest on bonds issued for capital projects.[ 2020 c 148 s 8; 2009 c 333…