Washington Code 77.15.320 – Unlawful failure to provide, maintain, or operate fishway for dam or other obstruction — Penalty
Current as of: 2023 | Check for updates
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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:
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $5,000 |
Terms Used In Washington Code 77.15.320
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(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.