State Summary: WASHINGTON

Sources: Revised Code of Washington, Annotated, 1962, Titles 75 and 77; 1992 Cumulative Pocket Part.

STATE WILDLIFE POLICY

Wildlife is the property of the state. The Department shall preserve, protect, and perpetuate wildlife. Game animals, birds and fish may be taken only at times, places, or in manners or quantities as in the Commission's judgment maximizes public recreational opportunities without impairing the supply of wildlife. The Commission shall attempt to maximize recreational fishing opportunities of all citizens, particularly juvenile, handicapped and senior citizens. Nothing herein shall be construed to infringe on the right of private property owners to control their own property (77.12.010).

The Legislature declares that the public and private propagation, production, protection and enhancement of fish is in the public interest (77.18.005). (See HABITAT PROTECTION.)

Currently, many of Washington's salmon stocks are critically reduced from their sustainable level. The best interests of all fishing groups and citizens are served by a stable and productive salmon resource. Immediate action is needed to reverse the severe decline of the resource and to insure its very survival. The Legislature finds a state of emergency exists and that immediate action is necessary to restore the fishery. Disagreement and strife have dominated the salmon fisheries for many years. Conflicts among fishing interests have only served to erode the resource. It is time for the state to make a major commitment to increasing productivity of the resource and to move forward with an effective rehabilitation and enhancement program. The Department of Fisheries is directed to dedicate its efforts to make increasing the productivity of the salmon resource a first priority and to seek resolution to the many conflicts that involve the resource. Success of the enhancement program can only occur if projects efficiently produce salmon or restore habitat. The expectation of the program is to optimize the efficient use of funding on projects that will increase artificially and naturally produced salmon, restore and improve habitat, or identify ways to increase the survival of salmon. The full utilization of state resources and cooperative efforts with interested groups are essential to success of the program (75.50.010).

The fish and game resources of the state benefit by the contribution of volunteer recreational and commercial fishing organizations, schools, and other volunteer groups in cooperative projects with the Department of Fisheries or the Department of Wildlife. These projects provide educational opportunities, improve the communication between the natural resources agencies and the public, and increase the fish and game resources. In an effort to increase these benefits and realize the full potential of cooperative projects, the Departments of Fisheries and Wildlife each shall administer a cooperative fish and wildlife enhancement program and enter into agreements with volunteer groups relating to the operation of cooperative projects (75.52.010). [Details are under HABITAT PROTECTION. Details of the "Salmon Enhancement Program," including the formulation of long-term regional policy statements, the formation of "Regional Fisheries Enhancement Groups" and projects are in Chapter 75.50 but not discussed here.] The people declare that an emergency exists in the management of salmon and steelhead trout resources such that both are in great peril. An immediate resolution of this crisis is essential to perpetuating and enhancing these resources (75.56.010). The people of the state petition the US Congress immediately to make the steelhead trout a national game fish protected under the Black Bass Act (75.56.020).

The people of the state declare that conservation, enhancement, and proper utilization of the state's natural resources, including lands, waters, timber, fish and game are responsibilities of the state and shall remain within the express domain of the state. While fully respecting private property rights, all resources in the state's domain shall be managed by the state alone such that conservation, enhancement and proper utilization are primary considerations. No citizen shall be denied equal access to and use of any resource on the basis of race, sex, origin, cultural heritage, or by and through any treaty based upon the same (75.56.030).

PROTECTED SPECIES OF WILDLIFE

The Director shall investigate the habits and distribution of wildlife species native to or adaptable to state habitats. The Commission shall determine whether a species should be managed by the Department, and may classify wild animals as game animals, game animals as fur-bearing animals, and wild birds as game birds or predatory birds. All wild birds not otherwise classified are protected wildlife. In addition to species listed in 77.08.020, the Commission may classify game fish except those classified as food fish by the Director of Fisheries. The Director may recommend to the Commission that a species of wildlife should not be hunted or fished and may designate species of wildlife as protected. If a species is seriously threatened with extinction in the state, the Director may request its designation as an endangered species by the Commission. If the Director determines that a non-native species is dangerous to the environment or wildlife of the state, the Director may request its designation as deleterious exotic wildlife by the Commission (77.12.020). If the Director determines that a severe problem exists in an area because deer and elk are being pursued, harassed, attacked or killed by dogs, an emergency may be declared and the area specified where wildlife agents may take into custody or destroy the dogs if necessary with immunity from civil or criminal liability (77.12.315). Except as authorized by Commission rule, it is unlawful to hunt, fish, possess or control protected wildlife or endangered species or to destroy or possess the nests or eggs of game birds or protected wildlife (77.16.120). Except as authorized by law or rule, it is unlawful to hunt, offer for sale, sell, possess, exchange, buy, transport or ship an albino wild animal (77.16.320).

The Department shall cooperate with government agencies to protect bald eagles and their essential habitats through existing governmental programs, including: the Natural Heritage Program managed by the Department of Natural Resources; the Natural Area Preserve Program; and the Shoreline Management Master Programs adopted by local governments and approved by the Department of Ecology (77.12.650). The Department shall adopt and enforce rules defining the extent and boundaries of habitat buffer zones for bald eagles. Rules shall take into account the need for variation of the extent of the zone from case to case, and the need for protection of bald eagles, and shall establish guidelines and priorities for purchase or trade and establishment of conservation easements/leases to protect such designated properties. Department rules shall provide adequate notice to property owners of their options under these provisions (77.12.655).

See also Restrictions on Taking under HUNTING, FISHING, TRAPPING PROVISIONS.

HABITAT PROTECTION

The Legislature directs the Department to determine the feasibility and cost of doubling the state-wide game fish production by the year 2000. The Department shall seek to equalize the effort and investment expended on anadromous and resident game fish programs, and provide a specific plan for that purpose for legislative approval. The plan shall contain specific provisions to increase both hatchery and naturally spawning game fish to a level that will support that production goal consistent with wildlife commission policies. Steelhead trout, searun cutthroat trout, resident trout and warm water fish producing areas of the state shall be included in the plan. The plan shall be presented to designated legislative committees by December 31, 1990, and shall include the following elements and/or methods to: determine current catch and production and that of the year 2000; involve fishing groups, including Indian tribes, in a cooperative manner; use low capital cost projects to produce game fish as inexpensively as possible; renovate all existing hatcheries to maximize production capability; increase the productivity of natural spawning game fish; apply new technology to increase hatchery and natural productivity; analyze the potential for private contractors to produce game fish for public fisheries; optimize public volunteer efforts for maximum efficiency; develop trophy game fish fisheries; coordinate with Pacific Northwest Power Council programs to ensure maximum Columbia river benefits; determine the role to be played by private consulting companies in implementing the plan; coordinate with federal fish and wildlife agencies, Indian tribes, and Department of Fisheries fish production programs; determine future needs for game fish predatory control measures; develop disease control measures; obtain access to waters currently not available to anglers; develop research programs to support game fish management and enhancement programs. The Department and the Department of Revenue, shall assess various funding mechanisms and make recommendations to the Legislature. The Department and the Department of Trade and Economic Development shall prepare an analysis of the economic benefits to the state when the game fish production is increased by 100% by the year 2000 (77.12.710).

If the Department requires that resident hatchery game fish be stocked by the permittee or licensee for mitigation of environmental damage, the Department shall specify the pounds or numbers, species, stock, and/or race of resident game fish that are to be provided. The Department shall offer the licensee the option of purchasing under contract from Washington aquatic farmers those game fish, unless the fish specified by the Department are not available from Washington growers (77.18.020). Any government agency, private or public utility company, corporation or sports group, or any purchaser of fish may purchase resident game fish from an aquatic farmer for stocking purposes if permit requirements have been met (77.18.030).

Under the Volunteer Cooperative Fish and Wildlife Enhancement Program, the Departments of Fisheries and Wildlife shall encourage cooperative projects of the following types: food fish and game fish rearing projects, including egg planting, egg boxes, juvenile planting, pen rearing, raceway rearing and egg taking; fish habitat improvement projects, including fish migration improvement, spawning bed rehabilitation, habitat restoration, reef construction, lake fertilization, pond construction, pollution abatement, and endangered stock protection; fish or game research projects of a research nature with results made available to the public; game bird and game animal projects including habitat improvement, replanting, transplanting, nest box installation, pen rearing, game protecting and supplemental feeding; cooperative nongame projects including habitat improvement, nest box installation, establishment of wildlife interpretive areas, pollution abatement, and endangered species preservation and enhancement; cooperative education projects including landowner relations, outdoor ethics, natural history of Washington's fish, shellfish and wildlife, and outdoor survival (75.52.030). (See also STATE WILDLIFE POLICY.)

The Department of Fisheries may authorize the sale of surplus salmon and eggs by cooperative projects (75.52.035). The Department shall: encourage and support cooperative agreements for the development and operation of cooperative food fish, shellfish, game fish, game bird, game animal and nongame wildlife projects, and projects which provide an opportunity for volunteer groups to become involved in resource and habitat-oriented activities; identify regions, species or activities particularly suitable for projects; determine availability of rearing space, net pens, egg boxes, incubators and other needed facilities and allocate them fairly to volunteer groups; publicize the programs; exempt volunteer groups from fee payments for project related activities; not approve projects that are incompatible with legally existing land, water or property rights; provide professional expertise and help volunteer groups to evaluate their progress. [Extensive details are provided concerning Department rules, duration of volunteer agreements (up to five years), duties of volunteer groups, and establishment of the Cedar river spawning channel by Department and volunteer cooperation.] (75.52.040)