Unlawful failure to provide, maintain, or operate fishway for dam or other obstruction—Penalty.

  1. Law
  2. Revised Code of Washington
  3. Fish and Wildlife
  4. Fish and Wildlife Enforcement Code.
  5. Unlawful failure to provide, maintain, or operate fishway for dam or other obstruction—Penalty.

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(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 77.57.030;

(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.

[ 2009 c 333 § 4; 2000 c 107 § 241; 1998 c 190 § 54.]


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