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ENGROSSED SUBSTITUTE HOUSE BILL 1771
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State of Washington 53rd Legislature 1993 Regular Session
By House Committee on Fisheries & Wildlife (originally sponsored by Representatives King and Jacobsen)
Read first time 02/25/93.
AN ACT Relating to protection of fish life; adding new sections to chapter 75.20 RCW; adding a new section to chapter 77.16 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that salmonids and other fish are important to citizens of the state, and that numerous stocks of salmonids are declining in Washington. Certain regulatory protections exist for fish. One such protection is the statutory requirement that certain water diversions be screened. Another is that bypasses be constructed for fish passage. The legislature finds that such protective devices are being intentionally destroyed, damaged, or modified in ways that result in loss of fish, and that existing penalties are insufficient to prevent such damage. The legislature declares that measures must be taken to prevent destruction of screens in order to benefit the salmonid resources of the state.
NEW SECTION. Sec. 2. A new section is added to chapter 75.20 RCW to read as follows:
It is unlawful to intentionally destroy or damage fish guards, screens, or bypasses. It is also unlawful to unnecessarily modify such structures if the modification causes a substantial risk of death to fish. Unnecessary modification includes modification other than that necessary for maintenance and operation or research, provided such maintenance and operation or research is conducted in a manner to minimize risk of death to fish. The director may close a water diversion device if the director finds that the holder of the water right associated with the diversion has unlawfully destroyed, damaged, or modified, or caused to be unlawfully destroyed, damaged, or modified, a fish guard, screen, or bypass on the diversion and if such closure does not affect water availability for any other water user. If the unlawful destruction, damage, or modification by the water right holder results in the loss of fish, the director shall close the diversion device if the closure does not affect water availability for any other water user. Proceedings under this section shall be in accordance with chapter 34.05 RCW. The water diversion device shall remain closed until the holder of the water right has repaired or replaced the fish guard, screen, or bypass to the satisfaction of the director. For the first offense, the director may levy a civil penalty of a minimum of two thousand five hundred dollars and not to exceed five thousand dollars. For each subsequent offense, the director may levy a civil penalty of a minimum of two thousand five hundred dollars and not to exceed ten thousand dollars.
NEW SECTION. Sec. 3. A new section is added to chapter 77.16 RCW to read as follows:
It is unlawful to intentionally destroy or damage fish guards, screens, or bypasses. It is also unlawful to unnecessarily modify such structures if the modification causes a substantial risk of death to fish. Unnecessary modification includes modification other than that necessary for maintenance and operation or research, provided such maintenance and operation or research is conducted in a manner to minimize risk of death to fish. The director may close a water diversion device if the director finds that the holder of the water right associated with the diversion has unlawfully destroyed, damaged, or modified, or caused to be unlawfully destroyed, damaged, or modified, a fish guard, screen, or bypass on the diversion and if such closure does not affect water availability for any other water user. If the unlawful destruction, damage, or modification by the water right holder results in the loss of fish, the director shall close the diversion device if the closure does not affect water availability for any other water user. Proceedings under this section shall be in accordance with chapter 34.05 RCW. The water diversion device shall remain closed until the holder of the water right has repaired or replaced the fish guard, screen, or bypass to the satisfaction of the director. For the first offense, the director may levy a civil penalty of a minimum of two thousand five hundred dollars and not to exceed five thousand dollars. For each subsequent offense, the director may levy a civil penalty of a minimum of two thousand five hundred dollars and not to exceed ten thousand dollars.
NEW SECTION. Sec. 4. A new section is added to chapter 75.20 RCW to read as follows:
If fish are lost due to violations of section 2 or 3 of this act, the violator shall reimburse the state for the value of the fish, as determined by the department of fisheries or wildlife. Reimbursement moneys shall be deposited into the state general fund.
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