(1) A
person is guilty of unlawful failure to provide, maintain, or
operate a fishway for dam or other obstruction if the person
owns, operates, or controls a dam or other obstruction to fish
passage on a river or stream and:
(a) The dam or obstruction is not provided with a durable
and efficient fishway approved by the director as required by
*RCW 77.55.060;
(b) Fails to maintain a fishway in efficient operating
condition; or
(c) Fails to continuously supply a fishway with a sufficient
supply of water to allow the free passage of fish.
(2) Unlawful failure to provide, maintain, or operate a
fishway for dam or other obstruction is a gross misdemeanor. Following written notification to the person from the department
that there is a violation, each day of unlawful failure to
provide, maintain, or operate a fishway is a separate offense.
[2000 c 107 § 241; 1998 c 190 § 54.]
NOTES:
*Reviser's note: RCW 77.55.060 was recodified as RCW 77.57.030 pursuant to 2005 c 146 § 1002.