Wash. Admin. Code § 197-11-835

Current through Register Vol. 24-23, December 1, 2024

Section 197-11-835 - Department of fish and wildlife

The following activities of the department of fish and wildlife are exempted:

(1) The establishment of seasons, catch limits or geographical areas for fishing or shellfish removal.

(2) Hydraulic project approvals where there is no other agency with jurisdiction (besides the department of fish and wildlife) requiring a nonexempt permit, except for proposals involving removal of fifty or more cubic yards of streambed materials or involving realignment into a new channel. For purposes of this paragraph, the term new channel shall not include existing channels which have been naturally abandoned within the twelve months previous to the hydraulic permit application.

(3) All clam farm licenses and oyster farm licenses, except where cultural practices include structures occupying the water column or where a hatchery or other physical facility is proposed for construction on adjoining uplands.

(4) All other licenses (other than those excepted in (2) and (3) above) authorized to be issued by the department as of December 12, 1975 except the following:

(a) Fish farming license, or other licenses allowing the cultivation of aquatic animals for commercial purposes;

(b) Licenses for the mechanical and/or hydraulic removal of clams, including geoducks; and

(c) Any license authorizing the discharge of explosives in water. WAC 197-11-800(13)(i) shall apply to allow possible exemption of renewals of the above licenses.

(5) The routine release of hatchery fish or the reintroduction of endemic or native species into their historical habitat where only minor documented effects on other species will occur.

(6) The establishment of hunting, trapping or fishing seasons, bag or catch limits, and geographical areas where such activities are permitted.

(7) The issuance of falconry permits.

(8) The issuance of all hunting or fishing licenses, permits, or tags.

(9) Artificial wildlife feeding.

(10) The issuance of scientific collector permits.

(11) Minor repair work to be done by hand tools. Examples include:

(a) Maintenance of fish screen or intake structures; or

(b) Silt and debris removal from boat launches, docks, and piers.

(12) Collection of fish and wildlife for research.

Wash. Admin. Code § 197-11-835

Amended by WSR 14-09-026 (Order 13-01), filed 4/9/14, effective 5/10/2014

Statutory Authority: RCW 43.21A.090, chapter 43.21C RCW, RCW 43.21C.035, 43.21C.037, 43.21C.038, 43.21C.0381, 43.21C.0382, 43.21C.0383, 43.21C.110, 43.21C.222. 03-16-067 (Order 02-12), § 197-11-835, filed 8/1/03, effective 9/1/03. Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-835, filed 2/10/84, effective 4/4/84.