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AGO Opinions with Topic: FISH
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 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.
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 1959 No. 71 >  September 25, 1959
FISH - INTERPRETATION OF THE TERM "FRESH FISH" AS USED IN CHAPTER 75.32 RCW
FISH - INTERPRETATION OF THE TERM 'FRESH FISH' AS USED IN CHAPTER 75.32 RCW The term "fresh fish" as used in Chapter 75.32 RCW includes all fish which are not preserved in some manner and also includes fish to which labor has been applied that changes the characteristics from those normally present in like fish landed by fishermen.
AGO 1954 No. 244 >  April 21, 1954
FISH - COMMERCIAL SALMON FISHING - REGULATION AND CONTROL
FISH ‑- COMMERCIAL SALMON FISHING ‑- REGULATION AND CONTROL Proposed Initiative 192, if passed, would not affect the general regulatory powers of the director of fisheries except that it would fix the limits of the salmon preserves defined therein and would probably abolish the three salmon preserves existing in the Straits of Juan de Fuca, San Juan, and Drayton Harbor, previously established by the director.
AGO 1954 No. 310 >  August 27, 1954
FISH - FOOD FISH - FROZEN HERRING FOR BAIT ONLY
FISH ‑- FOOD FISH ‑- FROZEN HERRING FOR BAIT ONLY A person operating a boat for hire, selling frozen herring for bait only, falls within the purview of RCW 75.28.310 and is required to obtain either a wholesale or retail fish dealer's license.
AGO 1953 No. 474 >  February 3, 1953
POLLUTION CONTROL COMMISSION - FISH - GAME, STREAM POLLUTION
POLLUTION CONTROL COMMISSION ‑- FISH ‑- GAME, STREAM POLLUTION The Pollution Control Commission does not have authority to bring a civil action in the name of the state for damages to fish, game or other resources, arising from pollution.
AGLO 1979 No. 15 >  March 22, 1979
FISH - LICENSES - SCOPE OF ANNUAL ANADROMOUS SALMON ANGLING LICENSE
FISH ‑- LICENSES ‑- SCOPE OF ANNUAL ANADROMOUS SALMON ANGLING LICENSE


Where a person has obtained an anadromous salmon angling license for a particular calendar year and during that year has caught a total of 30 salmon pursuant to such license, that person must then purchase another annual license in order to be lawfully able to catch any more salmon within the state during the remainder of the same calendar year.

AGLO 1979 No. 20 >  May 10, 1979
TAXATION - STATE - FISH - APPLICABILITY OF FISH SALES TAX AND PRIVILEGE FEE TO COLD STORAGE FACILITIES
TAXATION ‑- STATE ‑- FISH ‑- APPLICABILITY OF FISH SALES TAX AND PRIVILEGE FEE TO COLD STORAGE FACILITIES


(1) When a cold storage facility receives, processes or stores fish caught either within or without the state of Washington, on behalf of others who retain ownership of the fish, that cold storage facility is not obligated to pay or collect either the fish sales tax (RCW 75.32.065) or the privilege fee (RCW 75.32.030).

(2) The exemption from the fish sales tax and privilege fee created by RCW 75.32.065(1) for ". . . frozen food fish . . . packaged for retail sales . . . previously landed in another state, territory or county . . ." does not include fish transported to the state of Washington packaged in ice.

(3) The Department of Fisheries, in collecting taxes and fees due but unpaid, may not administratively waive penalties and interest prescribed by RCW 75.32.101.

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 1977 No. 1 >  January 6, 1977
COUNTIES - COURTS - FISH - FINES - DISPOSITION OF FINES AND COSTS COLLECTED FOR FISHING LAW VIOLATIONS
COUNTIES ‑- COURTS ‑- FISH ‑- FINES ‑- DISPOSITION OF FINES AND COSTS COLLECTED FOR FISHING LAW VIOLATIONS Where, in connection with a prosecution in superior court for a violation of state fishing laws, there has been a change of venue from the county in which the action was commenced to another where the trial took place, and a fine was assessed and collected, the county entitled to retain fifty percent of that fine under RCW 75.08.230 is the one in which (1) the trial took place in superior court resulting in a judgment assessing the fine and (2) the fine is collected by the superior court to be remitted to the county treasurer.
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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