(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 77.57.030;

     (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.

[2009 c 333 § 4; 2000 c 107 § 241; 1998 c 190 § 54.]