H-1260.1 _______________________________________________
HOUSE BILL 1771
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State of Washington 53rd Legislature 1993 Regular Session
By Representatives King and Jacobsen
Read first time 02/08/93. Referred to Committee on Fisheries & Wildlife.
AN ACT Relating to protection of fish life; adding a new section to chapter 75.20 RCW; adding a new section to chapter 77.16 RCW; adding new sections to chapter 90.03 RCW; and creating a new section.
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, damage, or modify fish guards, screens, or bypasses resulting in the loss of fish. The director shall 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. 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. Any subsequent offense committed by the holder of the water right associated with the diversion in question shall relinquish the water right as provided in section 4 of this act. The director shall report all violations of this section to the department of ecology.
NEW SECTION. Sec. 3. A new section is added to chapter 77.16 RCW to read as follows:
It is unlawful to intentionally destroy, damage, or modify fish guards, screens, or bypasses resulting in the loss of fish. The director shall 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. 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. Any subsequent offense committed by the holder of the water right associated with the diversion in question shall relinquish such water right as provided in section 4 of this act. The director shall report all violations of this section to the department of ecology.
NEW SECTION. Sec. 4. A new section is added to chapter 90.03 RCW to read as follows:
Any person who violates section 2 or 3 of this act shall relinquish such water right or portion thereof, and the right or portion thereof shall revert to the state. The waters affected by the right shall become available for appropriation in accordance with RCW 90.03.250.
NEW SECTION. Sec. 5. A new section is added to chapter 90.03 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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