(1) It is unlawful to exceed
the harvest and possession restrictions imposed under RCW 79.135.410.
(2) A violation of this section is a misdemeanor, and a
violation taking place on state-owned aquatic lands is subject to
the provisions of RCW 79.02.300.
(3) A person committing a violation of this section on
private tidelands which he or she owns is liable to the state for
treble the amount of damages to the seaweed resource, and a
person trespassing on privately owned tidelands and committing a
violation of this section is liable to the private tideland owner
for treble the amount of damages to the seaweed resource.
Damages recoverable include, but are not limited to, damages for
the market value of the seaweed, for injury to the aquatic
ecosystem, and for the costs of restoration. In addition, the
person is liable for reimbursing the injured party for the
party's reasonable costs, including but not limited to
investigative costs and reasonable attorneys' fees and other
litigation-related costs.
[2005 c 155 § 716. Prior: 2003 c 334 § 443; 2003 c 53 § 380; 1994 c 286 § 2; 1993 c 283 § 4. Formerly RCW 79.96.220, 79.01.810.]
NOTES:
Intent -- 2003 c 334: See note following RCW 79.02.010.
Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.
Effective date -- 1994 c 286: See note following RCW 79.135.410.
Findings -- 1993 c 283: See note following RCW 79.135.400.