Revised Code of Washington
Chapter 77.55 - Construction Projects in State Waters.
77.55.191 - Columbia river anadromous fish sanctuary—Restrictions.

RCW 77.55.191
Columbia river anadromous fish sanctuary—Restrictions.

(1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and rivers and to protect them against undue industrial encroachment.
(2) Within the sanctuary area:
(a) The department shall not issue a permit to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as determined by the department.
(b) A person shall not divert water from rivers and streams in quantities that will reduce the respective streamflow below the annual average low flow, based upon data published in United States geological survey reports.
(3) The commission may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.
(4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.

[ 2005 c 146 § 506; 1998 c 190 § 89; 1995 1st sp.s. c 2 § 27 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 36; 1988 c 36 § 36; 1985 c 307 § 5; 1983 1st ex.s. c 46 § 76; 1961 c 4 § 1 (Initiative Measure No. 25, approved November 8, 1960). Formerly RCW 77.55.160, 75.20.110.]
NOTES:

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


Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.


Effective date—1995 1st sp.s. c 2: See note following RCW 43.17.020.


Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.


Severability—1961 c 4: "If any section or provision or part thereof of this act shall be held unconstitutional or for any other reason invalid, the invalidity of such section, provision or part thereof shall not affect the validity of the remaining sections, provisions or parts thereof which are not judged to be invalid or unconstitutional." [ 1961 c 4 § 3 (Initiative Measure No. 25, approved November 8, 1960).]

Structure Revised Code of Washington

Revised Code of Washington

Title 77 - Fish and Wildlife

Chapter 77.55 - Construction Projects in State Waters.

77.55.011 - Definitions.

77.55.021 - Permit.

77.55.031 - Driving across established ford.

77.55.041 - Derelict fishing, crab, and other shellfish gear—Removal.

77.55.051 - Spartina/purple loosestrife—Removal or control.

77.55.061 - Hazardous substance remedial actions—Procedural requirements not applicable.

77.55.081 - Removal or control of aquatic noxious weeds—Rules—Pamphlet.

77.55.091 - Small scale prospecting and mining—Rules.

77.55.101 - Environmental excellence program agreements—Effect on chapter.

77.55.111 - Habitat incentives agreement.

77.55.121 - Habitat incentives program—Goal—Requirements of agreement—Application evaluation factors.

77.55.131 - Dike vegetation management guidelines—Memorandum of agreement.

77.55.151 - Permit issued to a marina or marine terminal for regular maintenance activities.

77.55.161 - Stormwater discharges.

77.55.171 - Watershed restoration projects—Permit processing.

77.55.181 - Fish habitat enhancement project—Permit review and approval process—Fees—Limitation of liability.

77.55.191 - Columbia river anadromous fish sanctuary—Restrictions.

77.55.201 - Landscape management plan.

77.55.211 - Informational brochure.

77.55.221 - Flood damage repair and reduction activities—Five-year maintenance permit agreements.

77.55.231 - Conditions imposed upon a permit—Reasonably related to project—Least impactful modifications—Minor modifications to plans/work timing.

77.55.241 - Off-site mitigation.

77.55.251 - Mitigation plan review.

77.55.261 - Placement of woody debris as condition of permit.

77.55.271 - Sediment dredging or capping actions—Dredging of existing channels and berthing areas—Mitigation not required.

77.55.281 - Fishways on certain agricultural drainage facilities.

77.55.331 - Hydraulic project approval account.

77.55.341 - Department to prepare and distribute information to the public.

77.55.351 - Department to develop system to provide access to hydraulic project approval applications.

77.55.361 - Limitations of chapter to a forest practices hydraulic project—Adoption of rules for concurrent review process—Department's duties regarding chapter 76.09 RCW.

77.55.371 - Memorandum of agreement to implement integration of hydraulic project approvals into forest practices applications—Interagency contract.

77.55.400 - Determination as to whether construction is a hydraulic project—Preapplication determination—Review and comment period—Written determination.

77.55.410 - Violation of chapter.

77.55.420 - Stop work order—Notice—Appeal.

77.55.430 - Notice to comply—Notice—Appeal.

77.55.440 - Penalties—Notice—Appeal—Authority of attorney general to recover penalty—Penalty schedule.

77.55.450 - Administrative inspection warrant.

77.55.460 - Disapproval of an application—Notice—Review.

77.55.470 - Remedies under chapter not exclusive.

77.55.480 - Habitat recovery pilot program.