Contact: Josh Weiss, Legislative/Legal Affairs Coordinator (360) 902-2226

Situation

By law, the agency is responsible for preserving, protecting and perpetuating all fish and shellfish resources of the state. To support that effort, the 1949 Legislature passed a statute known as the "hydraulic code" which requires any person or organization to obtain a permit from the agency for any project that will "use, divert, obstruct or change the natural flow or bed of any of the salt or fresh waters of the state." Current law relies almost exclusively on criminal penalties for enforcement. Civil authority is limited in scope, providing penalties of $100 per day.

Problem

Pursuing criminal penalties can be costly and time consuming in a court system already congested with the prosecution of drug cases and violent crime. This fact, in combination with the low civil penalties available, can result in a process that costs the state a large amount, in order to collect a small amount.

Proposal

The agency proposes amending RCW 77.55.140 to give it the authority to issue a "stop work" order on a project that is out of compliance with a permit or when no permit was obtained. The agency could also require remediation of environmental damage. The agency also is proposing the authority to designate certain HPA violations as infractions.

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