AN ACT Relating to salmon and steelhead spawning beds; adding a new section to chapter 77.95 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1.  A new section is added to chapter 77.95 RCW to read as follows:

The department shall prohibit activities that harm or disturb spawning beds of salmon and steelhead and other fish on all rivers and streams where spawning activities occur.

Prohibited activities include, but are not limited to, wading on spawning beds, driving motor vehicles on spawning beds, use of high-powered jet or propeller-driven boats across spawning beds, dragging anchors through spawning beds, digging or removing gravel from spawning beds, or any other physical disturbance capable of disturbing spawning fish or damaging or destroying nests of incubating eggs. The department shall determine the time periods these rules are in effect.

Necessary in-river activities are allowed by permit from the department.

The department shall adopt rules to carry out this section, and make the rules known in brochures that are disseminated to persons applying for fishing and boating licenses. The department must distribute the brochures widely to retail outlets that cater to outdoor recreation.

The department shall work cooperatively with the tribal comanagers for all fish resources in implementing and enforcing the requirements of this section.

A violation of this section is a natural resource infraction under chapter 7.84 RCW.

The department shall report to the legislature concerning the effectiveness of this section after at least two spawning cycles of salmon and steelhead have occurred.

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