Other Languages1. 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.
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.
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 Laws of 1919, ch. 166, which was repealed in 1949, granted owners of Bush Act tidelands the right to cultivate clams in addition to oysters.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acquired under a statute can vest if one substantially changes position in reliance on the statute, even if it is later repealed.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clams granted by the law for those owners of Bush Act tidelands who were cultivating clams in 1949 when the act was repealed. 3. When the Legislature repealed Laws of 1919, ch. 166, it did not indicate how long any vested right to cultivate clams might continue.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.
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.
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.
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.
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.
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.
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.