Revised Code of Washington
Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants.
79.135.420 - Seaweed—Harvest and possession violations—Penalties and damages.

RCW 79.135.420
Seaweed—Harvest and possession violations—Penalties and damages.

(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.

Structure Revised Code of Washington

Revised Code of Washington

Title 79 - Public Lands

Chapter 79.135 - Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants.

79.135.001 - Intent—2005 c 155.

79.135.010 - Bush act/Callow act lands.

79.135.020 - Sale of reserved or reversionary rights in tidelands.

79.135.030 - Wrongful taking of shellfish from public lands—Civil remedies.

79.135.040 - Aquaculture products—Sale by leaseholder.

79.135.100 - Aquatic lands used for aquaculture production and harvesting—Rents and fees—Limitations on leases.

79.135.110 - Leasing beds of tidal waters for shellfish cultivation or other aquaculture use.

79.135.120 - Leasing lands for shellfish cultivation or other aquaculture use—Who may lease—Application—Deposit.

79.135.130 - Leasing lands for shellfish cultivation or other aquaculture use—Inspection and report by director of fish and wildlife—Rental and term—Commercial harvest of subtidal hardshell clams by hydraulic escalating.

79.135.140 - Leasing lands for shellfish cultivation or other aquaculture use—Survey and boundary markers.

79.135.150 - Renewal lease—Application.

79.135.160 - Leasing lands for shellfish cultivation or other aquaculture use—Reversion for use other than cultivation of shellfish.

79.135.170 - Leasing lands for shellfish cultivation or other aquaculture use—Abandonment—Application for other lands.

79.135.200 - Geoduck harvest/cultivation—Survey of navigable waters by private party—Record of survey.

79.135.210 - Geoduck harvesting—Agreements, regulation—Geoduck diver safety program.

79.135.220 - Geoduck harvesting—Designation of aquatic lands.

79.135.230 - Intensive management plan for geoducks.

79.135.300 - Lease of tidelands set aside as oyster reserves.

79.135.310 - Inspection by director of fish and wildlife.

79.135.320 - Vacation of reserve—Lease of lands—Designated state oyster reserve lands.

79.135.400 - Seaweed—Marine aquatic plants defined.

79.135.410 - Seaweed—Personal use limit—Commercial harvesting prohibited—Exception—Import restriction.

79.135.420 - Seaweed—Harvest and possession violations—Penalties and damages.

79.135.430 - Seaweed—Enforcement.

79.135.440 - Native kelp forest and eelgrass meadow health and conservation plan—Reports.

79.135.900 - Savings—1982 1st ex.s. c 21.

79.135.901 - Captions—1982 1st ex.s. c 21.

79.135.903 - Effective date—1982 1st ex.s. c 21 §§ 176 and 179.

79.135.904 - Effective date—1982 1st ex.s. c 21.