Navigation Top
AGO Logo Graphic
AGO Header Image
File a Complaint
Contact the AGO
AGO Opinions with Topic: DEPARTMENT OF FISH AND WILDLIFE
AGO 1994 No. 21 >  November 23, 1994
FISH - LICENSES - DEPARTMENT OF FISH AND WILDLIFE
Interpretation of 'having designated' for purposes of applying for limited entry crab fishing license Section 2(2), chapter 260, Laws of 1994, creating a new limited entry Dungeness crab—coastal fisheries license, effective January 1, 1995, requires that the vessel which meets the historical criteria outlined in chapter 260 be the same vessel designated on the 1994 qualifying license at the time the 1995 license is sought.
AGO 1996 No. 3 >  February 6, 1996
DEPARTMENT OF FISH AND WILDLIFE - FISH
Authority of the director of Fish and Wildlife to require that fish guards be installed, maintained, and replaced 1.  The director of the Department of Fish and Wildlife has a generalized duty to enforce the laws requiring fish guards in lakes, rivers, and streams, but has discretion in a particular case to decide whether to institute civil action against a violator, and to decide which remedy to seek. 2.  The director of the Department of Fish and Wildlife has authority to close a diversion device if its owner fails to equip it with an approved fish guard within 30 days after the director gives the owner proper notice. 3.  The director of the Department of Fish and Wildlife does not have explicit authority to compel the owner of a diversion device to equip it with a fish guard where the guard is required by RCW 75.20.040, but has authority to take other actions designed to achieve the same result. 4.  Diversion devices in place prior to the effective date of RCW 75.20.040 (1949) are still subject to its requirements. 5.  The director of the Department of Fish and Wildlife may periodically change requirements for fish guards to ensure that the guards are efficient and durable, but the revised requirements apply only to fish guards installed or replaced after the revisions. 6.  Hydroelectric projects licensed by the Federal Energy Regulatory Commission are not subject to the fish guard requirements of RCW 75.20.040. 7.   Since RCW 75.20.040 imposes fish guard requirements for all waters containing food fish, RCW 77.16.220 applies only to waters containing exclusively game fish; the two sets of requirements are similar, except for a "grandfather" clause in RCW 77.16.220 exempting waters diverted before 1947, and a provision in RCW 75.20.040 entitling the Department of Fish and Wildlife to recover the costs of closing a diversion device.
AGO 1996 No. 16 >  September 13, 1996
DEPARTMENT OF FISH AND WILDLIFE - FISH - WILDLIFE - OFFICES AND OFFICERS
Authority of the Department of Fish and Wildlife to commission, as fisheries patrol officers or as wildlife agents, persons who have not been appointed to law enforcement positions within the agency The Fish and Wildlife Commission and the director of the Department of Fish and Wildlife may commission, as fisheries patrol officers or as wildlife agents, only persons serving by appointment to positions whose job description includes law enforcement duties.
AGO 2007 No. 1 >  January 4, 2007
DEPARTMENT OF FISH AND WILDLIFE - SHORELINE MANAGEMENT ACT - DEPARTMENT OF ECOLOGY
Extent to which hydraulic project approval permits or shoreline substantial development permits are required for the planting, growing, and harvesting of farm-raised geoduck clams 1.  The Department of Fish and Wildlife may not require hydraulic project approval permits under RCW 77.55.021 to regulate planting, growing, or harvesting of farm-raised geoduck clams by private parties. 2.  The planting, growing, and harvesting of farm-raised geoduck clams would require a substantial development permit under the Shoreline Management Act if a specific project or practice causes substantial interference with normal public use of the surface waters, but not otherwise. 3.  Where a geoduck clam culture project would require a substantial development permit, the local government and the Department of Ecology would have a variety of enforcement options available; in some cases, conditional use permits might also be used to regulate this practice.
Content Bottom Graphic
AGO Logo