(1) The department may not require a fishway on a tide gate, flood gate, or other associated man-made agricultural drainage facilities as a condition of a permit if such a fishway was not originally installed as part of an agricultural drainage system existing on or before May 20, 2003.

     (2) Any condition requiring a self-regulating tide gate to achieve fish passage in an existing permit under this chapter may not be enforced.

[2005 c 146 § 605.]

NOTES:

     Part headings not law -- 2005 c 146: See note following RCW 77.55.011.