RCW 43.70.185
Inspection of property where marine species located—Prohibitions on harvest or landing—Penalties.
(1) The department may enter and inspect any property, lands, or waters, of this state in or on which any marine species are located or from which such species are harvested, whether recreationally or for sale or barter, and any land or water of this state which may cause or contribute to the pollution of areas in or on which such species are harvested or processed. The department may take any reasonably necessary samples to determine whether such species or any lot, batch, or quantity of such species is safe for human consumption.
(2) If the department determines that any species or any lot, batch, or other quantity of such species is unsafe for human consumption because consumption is likely to cause actual harm or because consumption presents a potential risk of substantial harm, the department may, by order under chapter 34.05 RCW, prohibit or restrict the commercial or recreational harvest or landing of any marine species except the recreational harvest of shellfish as defined in chapter 69.30 RCW if taken from privately owned tidelands.
(3) It is unlawful to harvest any marine species in violation of a departmental order prohibiting or restricting such harvest under this section or to possess or sell any marine species so harvested.
(4)(a) Any person who sells any marine species taken in violation of this section is guilty of a gross misdemeanor and subject to the penalties provided in RCW 69.30.140 and 69.30.150.
(b) Any person who harvests or possesses marine species taken in violation of this section is guilty of a civil infraction and is subject to the penalties provided in RCW 69.30.150.
(c) Notwithstanding this section, any person who harvests, possesses, sells, offers to sell, culls, shucks, or packs shellfish is subject to the penalty provisions of chapter 69.30 RCW.
(d) Charges shall not be brought against a person under both chapter 69.30 RCW and this section in connection with this same action, incident, or event.
(5) The criminal provisions of this section are subject to enforcement by fish and wildlife officers or ex officio fish and wildlife officers as defined in RCW 77.08.010.
(6) As used in this section, marine species include all fish, invertebrate or plant species which are found during any portion of the life cycle of those species in the marine environment.
[ 2003 c 53 § 231; 2001 c 253 § 2; 1995 c 147 § 7.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Structure Revised Code of Washington
Title 43 - State Government—Executive
Chapter 43.70 - Department of Health.
43.70.020 - Department created.
43.70.030 - Secretary of health.
43.70.040 - Secretary's powers—Rule-making authority—Report to the legislature.
43.70.041 - Five-year formal review process of existing rules.
43.70.045 - Warren Featherstone Reid Award for Excellence in Health Care.
43.70.047 - Warren Featherstone Reid Award for Excellence in Health Care.
43.70.050 - Collection, use, and accessibility of health-related data.
43.70.053 - Hospital consolidated annual income—Reporting.
43.70.054 - Health care data standards—Submittal of standards to legislature.
43.70.060 - Duties of department—Promotion of health care cost-effectiveness.
43.70.068 - Quality assurance—Interagency cooperation.
43.70.070 - Duties of department—Analysis of health services.
43.70.075 - Identity of whistleblower protected—Remedy for retaliatory action—Definitions—Rules.
43.70.080 - Transfer of powers and duties from the department of social and health services.
43.70.090 - Authority to administer oaths and issue subpoenas—Provisions governing subpoenas.
43.70.097 - Enforcement in accordance with RCW 43.05.100 and 43.05.110.
43.70.110 - License fees—Costs—Other charges—Waiver.
43.70.115 - Licenses—Denial, suspension, revocation, modification.
43.70.120 - Federal programs—Rules—Statutes to be construed to meet federal law.
43.70.125 - Health care facility certification—Unfunded federal mandates—Applicant fees.
43.70.130 - Powers and duties of secretary—General.
43.70.140 - Annual conference of health officers.
43.70.150 - Registration of vital statistics.
43.70.190 - Violations—Injunctions and legal proceedings authorized.
43.70.195 - Public water systems—Receivership actions brought by secretary—Plan for disposition.
43.70.210 - Right of person to rely on prayer to alleviate ailments not abridged.
43.70.220 - Transfer of powers and duties from the department of licensing.
43.70.230 - Office of health consumer assistance created—Duties.
43.70.240 - Written operating agreements.
43.70.250 - License fees for professions, occupations, and businesses.
43.70.270 - License moratorium for persons in the service—Rules.
43.70.290 - Funeral directors and embalmers subject to chapter 18.130 RCW.
43.70.310 - Cooperation with department of ecology.
43.70.323 - Hospital infection control grant account.
43.70.327 - Public health supplemental account—Annual statement.
43.70.334 - Temporary worker housing—Definition.
43.70.337 - Temporary worker housing building permit—Plans and specifications—Fees—Rules.
43.70.400 - Head injury prevention—Legislative finding.
43.70.410 - Head injury prevention—Program, generally.
43.70.420 - Head injury prevention—Information preparation.
43.70.435 - Diagnosed concussions of students—Report.
43.70.440 - Head injury prevention act—Short title—1990 c 270.
43.70.444 - Washington plan for suicide prevention—Steering committee—Report.
43.70.446 - Suicide-safer homes project—Suicide-safer homes project account.
43.70.470 - Retired health care provider liability malpractice insurance—Conditions.
43.70.480 - Emergency medical personnel—Futile treatment and natural death directives—Guidelines.
43.70.495 - Telemedicine training for health care professionals.
43.70.500 - Health care services practice indicators and risk management protocols.
43.70.510 - Health care services coordinated quality improvement program—Rules.
43.70.512 - Public health system—Foundational public health services—Intent.
43.70.515 - Foundational public health services—Funding.
43.70.525 - Immunization assessment and enhancement proposals by local jurisdictions.
43.70.526 - Childhood immunizations—Resources for expecting parents.
43.70.533 - Chronic conditions—Training and technical assistance for primary care providers.
43.70.540 - Data collection—Legislative finding and intent.
43.70.545 - Data collection and reporting rules.
43.70.550 - Public health services improvement plan—Contents.
43.70.555 - Assessment standards.
43.70.560 - Media violence—Reporting reduction efforts.
43.70.590 - American Indian health care delivery plan.
43.70.595 - Health equity zones.
43.70.600 - Survey regarding exposure to radio frequencies—Results.
43.70.605 - Personal wireless services—Random testing on power density analysis—Rules.
43.70.610 - Domestic violence education program—Established—Findings.
43.70.613 - Health care professionals—Health equity continuing education.
43.70.617 - Prenatal nutrition best practices—Educational resources for pregnant women.
43.70.619 - Pregnancy complications—Informational resources.
43.70.620 - List of contacts—Health care professions.
43.70.630 - Cost-reimbursement agreements.
43.70.640 - Workplace breastfeeding policies—Infant-friendly designation.
43.70.645 - Donor human milk—Milk bank safety standards.
43.70.650 - School sealant endorsement program—Rules—Fee—Report to the legislature.
43.70.660 - Product safety education.
43.70.665 - Early detection breast and cervical cancer screening program—Medical advisory committee.
43.70.670 - Human immunodeficiency virus insurance program.
43.70.675 - Public health advisory board.
43.70.680 - Volunteers for emergency or disaster assistance.
43.70.690 - State asthma plan.
43.70.705 - Fall prevention program.
43.70.715 - COVID-19 public health response account.
43.70.720 - Universal vaccine purchase account.
43.70.725 - Health extension program—Dissemination of evidence-based tools and resources—Rules.
43.70.738 - Down syndrome resources—Development.
43.70.740 - Adjudicative proceedings.
43.70.765 - Opioid drugs—Warning—Patient education materials.
43.70.770 - State opioid response plan.
43.70.780 - Fruit and vegetable incentives program.
43.70.790 - Health care facility inspection and investigation availability.
43.70.800 - Oversight, consolidation, and standardization—Review.
43.70.810 - Provision of medical information—Dissemination of requirements and authority.
43.70.815 - Environmental health disparities map.
43.70.820 - Environmental justice obligations of the department of health.
43.70.825 - School-based health center program office.
43.70.835 - Lead contamination in drinking water in school buildings—State-tribal compact schools.
43.70.840 - Lead contamination in drinking water in school buildings—Technical guidance.
43.70.850 - Suicide-safer homes task force.
43.70.901 - References to the director or department of licensing—1989 1st ex.s. c 9.
43.70.902 - References to the hospital commission—1989 1st ex.s. c 9.