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AGO Opinions with Topic: DEPARTMENT OF FISHERIES
AGO 1991 No. 8 >  March 11, 1991
DEPARTMENT OF NATURAL RESOURCES - DEPARTMENT OF FISHERIES - TIDELANDS - PUBLIC FUNDS - CULTIVATION OF CLAMS
DEPARTMENT OF NATURAL RESOURCES ‑- DEPARTMENT OF FISHERIES ‑- TIDELANDS ‑- PUBLIC FUNDS ‑- CULTIVATION OF CLAMS 1.  Laws of 1919, ch. 166, which was repealed in 1949, granted owners of Bush Act tidelands the right to cultivate clams in addition to oysters.  Article 8, sections 5 and 7, of the Washington Constitution, prohibit gifts of public funds.  Under the court's contemporary construction of article 8, sections 5 and 7, Laws of 1919, ch. 166 is not clearly unconstitutional and anyone challenging the law would have a heavy burden of establishing beyond a reasonable doubt that the law is unconstitutional. 2.   Rights acquired under a statute can vest if one substantially changes position in reliance on the statute, even if it is later repealed.  The repeal of Laws of 1919, ch. 166, in 1949, did not extinguish the right to cultivate clams granted by the law for those owners of Bush Act tidelands who were cultivating clams in 1949 when the act was repealed.  3.   When the Legislature repealed Laws of 1919, ch. 166, it did not indicate how long any vested right to cultivate clams might continue.  The Legislature may adopted legislation to eliminate or phase out whatever vested rights remain to cultivate clams, provided that the conditions under which such rights are phased out or discontinued are reasonable.
AGO 1962 No. 125 >  April 26, 1962
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - NONRESIDENT COMMERCIAL FISHING LICENSES
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- NONRESIDENT COMMERCIAL FISHING LICENSES Fees that are assessed for the necessary licenses permitting use of commercial fishing vessels in this state are to be predicated upon the residency of the owners of the vessels rather than the operators.
AGO 1963 No. 32 >  June 18, 1963
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - RULES AND REGULATIONS - CONFLICT WITH PROVISIONS OF INDIAN TREATY - EFFECT
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- RULES AND REGULATIONS ‑- CONFLICT WITH PROVISIONS OF INDIAN TREATY ‑- EFFECT Under a treaty entered into in 1855 by the United States government and the Yakima Indians, the Indians were given exclusive fishing right on rivers "running through or bordering said reservation."  A rule or regulation of the department of fisheries purporting to authorize fishing at such places, by nonmembers of the tribe, is invalid and must fall as being in conflict with the supremacy clause of the United States Constitution.
AGO 1984 No. 4 >  February 9, 1984
OFFICES AND OFFICERS - STATE - DEPARTMENT OF GAME - DEPARTMENT OF FISHERIES
CRITERIA FOR DENIAL OF HYDRAULIC PERMITS In view of specific language in § 75, chapter 46, Laws of 1983, 1st ex. Sess., neither the Department of Fisheries nor the Department of Game may now deny, or condition, a hydraulic permit applied for under RCW 75.20.100 on the nonstatutory ground that the project, or other work involved‑-for which the permit is sought‑-would physically conflict with the taking of fish or shellfish.
AGO 1964 No. 85 >  February 19, 1964
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - TIDELANDS RESERVED TO STATE FOR RECREATIONAL AND FISHING PURPOSES - NO AUTHORITY TO GRANT PRIVATE USE
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- TIDELANDS RESERVED TO STATE FOR RECREATIONAL AND FISHING PURPOSES ‑- NO AUTHORITY TO GRANT PRIVATE USE The director of the department of fisheries does not have the authority to grant private uses of tidelands reserved by the state under RCW 79.16.175 to abutting upland owners.
AGO 1993 No. 2 >  March 10, 1993
DEPARTMENT OF FISHERIES - FISH
Authority of the Department of Fisheries to Regulate Landings of Fish Caught Outside Washington and to Regulate Size Limits Based on Different Types of Fishing Gear 1.  The Department of Fisheries has the authority to require that salmon caught in Canadian waters meet landing size and possession limits of the State of Washington when the fish are landed at Washington ports.2.  The Department of Fisheries has the authority to set size limits based upon the type of gear being used by the fisherman.
AGLO 1976 No. 23 >  March 24, 1976
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - "BUY BACK PROGRAM"
USE OF COMMERCIAL FISHING VESSELS ON COLUMBIA RIVER A commercial fishing vessel which is purchased by the department of fisheries under RCW 75.28.500, et seq., and then sold by the department, may not be used for commercial fishing on the Washington side of the Columbia River.
AGLO 1978 No. 33 >  October 23, 1978
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - FISH - INDIANS - DISPOSITION OF SURPLUS EDIBLE SALMON TO FEDERALLY-RECOGNIZED INDIAN TRIBES
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- FISH ‑- INDIANS ‑- DISPOSITION OF SURPLUS EDIBLE SALMON TO FEDERALLY-RECOGNIZED INDIAN TRIBES For lack of statutory authority (and not because of any constitutional objection), the State Department of Fisheries may not give (i.e., transfer without monetary consideration) surplus edible salmon which have come within its possession or ownership, no matter how obtained, to a federally-recognized Indian tribe (or individual members thereof)‑-except in the case of spawned-out salmon and salmon in spawning condition to the extent permitted by RCW 75.12.130; the department may, however, sell any such other salmon to a federally-recognized Indian tribe for whatever price may be agreed upon between the department and the tribe rather than (necessarily) full market value.
AGLO 1975 No. 87 >  October 8, 1975
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - FISH - INDIANS
SALE OF FISHING VESSELS TO INDIANS If the department of fisheries purchases commercial fishing vessels under chapter 183, Laws of 1975, 1st Ex. Sess., the department may not then sell those vessels to Indians residing in this state for their use in commercial fishing activities in Washington waters.
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