Legislative priorities

Protecting the confidentiality of other states’ fisheries information (HB 1876)

Proposal Overview: The sharing of confidential data among WDFW and partner agencies is a key element of successful fisheries management on the West Coast. Many fishers participate in multiple fisheries and deliver their catches into multiple states. WDFW provides confidentiality protection for information collected in Washington State fisheries and the federal government provides the same protection for tribal fisheries. However, many fishers participate in multiple fisheries and deliver their catches into multiple states and data received from other states are not provided the same protection. 

Sharing data among states is therefore often necessary to enforce regulations, understand fisheries performance, and analyze the need for and likely effects of potential rule changes. Most recently it is has also become important for analyzing the effects of activities like offshore wind development on fishing communities. 

Solution: This proposal would provide confidentiality protection under Washington law for confidential data shared by other states and allow WDFW to fully participate in collaborative conservation and management with partner agencies from the other states.

• Factsheet: Fisheries Data Confidentiality (PDF)

End of session update: This bill passed the Legislature without amendment.

Allow concurrent application for habitat recovery pilot project (HRPP) permits and cultural resources reviews (SB 5922)

Proposal Overview: The Habitat Recovery Pilot Program (HRPP) was developed to streamline the local and state environmental permitting process for habitat recovery projects that benefit fish or their habitats. This pilot program intends to promote and implement habitat restoration as quickly and efficiently as possible, thereby bolstering the natural resources and natural resource economy of Washington. Currently, with regard to cultural resources, the HRPP requires that before applying for a Hydraulic Project Approval (HPA) permit under the program, applicants must review their proposed project with the Department of Archaeology and Historic Preservation (DAHP) and complete any required site surveys. 

After receiving feedback from the restoration community and stakeholders as to the confusion and inefficiencies of this novel sequence, WDFW recommends aligning the cultural resources review requirements for an HPA with current practices before the pilot program sunsets to make an accurate determination of the impact and effectiveness of permit streamlining programs.

Solution: This proposal will remove the requirement that review with DAHP is completed before applying to the HRPP, and instead allow for concurrent processing. This aligns the cultural resource review requirements with the flood risk reduction requirements under this program and allows the state HPA to be issued without relying first on federal permitting and still clearly identifies that a cultural resources review is not excused under the program, in addition to any permit or approval required for participation in a federal program. This will modify the HRPP qualifying process to be consistent with the standard HPA process as well as the alternative streamlined Fish Habitat Enhancement Process

• Factsheet: HRPP Amendments (PDF)

End of session update: This bill did not pass the Legislature and will be revisited in a future session.

Expand recreational land management authority to better utilize non-profits and volunteers (SB 5785)

Proposal Overview: The Washington Fish and Wildlife Commission currently has the authority to manage department owned lands and water access sites. Department staff maintain and operate over 1 million acres of land and over 500 water access sites. Maintenance includes signage and trail maintenance, removal of invasive plants, restoration of riparian areas, and more. 

In 2014, the Department of Natural Resources (DNR) adopted a statute to expressly authorize collective agreements with nonprofits and other partners. The agreements vary and can be for multiple years or for on-call work. These collective agreements are not required and do not replace existing agreements. The authority to enter into cooperative agreements is needed for the purpose of providing a benefit to lands managed by the Department. 

Solution: This proposal would mirror the DNR statute in the WDFW RCW to give WDFW express authority to manage conservation and recreation areas, water access sites and trails in conjunction with any other public agency, nonprofit organizations, volunteers, or volunteer organizations for the benefit of WDFW-managed lands. It will also add liability language where volunteers are not considered employees or agents of the Department and the Department will not be subject to any liability arising out of volunteer activities or projects.  We believe that this will increase non-profit and volunteer efforts on our lands, leading to better public experience at our Wildlife Areas and Water Access Areas. 

• Factsheet: Lands Volunteers (PDF)

End of session update: This bill passed the Legislature with amendments. The Senate Agriculture, Water, Natural Resources & Parks Committee adopted amendments that specify that the Director may enter contracts, agreements, and other arrangements as necessary to collaborate with volunteer and nonprofit organizations. Per the amendment, agreements are not subject to public bid requirements. It also limits agreements to a duration of five years and work valued at less than $250,000 per year.

Increase state funding for crop damage by deer and elk (SB 5784)

Proposal Overview: As far back as 1947, the Washington State Legislature created funding for certain elk or deer related commercial crop damage payments, and current statute limits compensation from the General Fund-State to $30,000 statewide per fiscal year. The number and cost of claims the department receives has increased significantly over the last decade and single claims may only exceed $10,000 by requiring a claimant to file an administrative appeal even if the department agrees with the loss amount. Because the funding is limited in statute, the department is unable to spend additional General Fund-State funding on these damage claims within a fiscal year. Therefore, unpaid claims are carried over year to year once funding is again available. 

This limitation prevents the Washington Department of Fish and Wildlife from serving communities that experience higher levels of crop damage from wildlife, particularly deer and elk. 

Solution: This proposal would accomplish the following:

• Increase the limit of General Fund-State compensation for certain commercial crop damage from $30,000 per fiscal year to $300,000 per fiscal year to address the increase in damage claims and costs,
• Change the statutory authority for agreed upon damage claim amounts from $10,000 to $30,000 which would reduce process and time for both the department and the claimant and reduce the administrative costs of unnecessary appeals, 
• Limit the carryover of unpaid claims to a single subsequent fiscal year,
• Limit appeal awards to no greater than $30,000 in value, and
• Require the Department to submit a report to the Legislature recommending amendments to the crop damage statutes in RCW. 

Factsheet: Deer and Elk Crop Damage Funding (PDF)

End of session update: This bill passed the Legislature with amendments. The Senate Agriculture, Water, Natural Resources & Parks Committee adopted amendments that (1) prioritize payment of commercial crop damage claims based upon the highest percent of loss compared to gross sales or harvest value of commercial crops for the previous tax year; and (2) establish a three-year pilot program to collar and monitor elk in the south central management region in Washington in an effort to prevent crop and property damage.

The following bills from the 2023 legislative session passed in the 2024 session.

Recreational fishing licenses required for freshwater smelt, crawfish, and common carp (HB 1226)

Proposal Overview: Licenses are a gateway to knowing the rules and regulations for fisheries in Washington state. Part of the licensing process requires participants to read the annual fishing pamphlet and abide by the rules when fishing which helps maintain more orderly fisheries.

Solution: This legislation would remove the current exemption from a fishing license for freshwater smelt, carp, and crawfish, to allow for regulation and monitoring of those species.

• Fact sheet: Recreational licenses (PDF)

End of session update: This bill passed the Legislature with amendments. The Senate Agriculture, Water, Natural Resources & Parks Committee adopted amendments that specify licensing requirements are needed to provide angler education, better regulation and monitoring, and enforcement of illegal fishing; and (2) excluded Moses Lake and Vancouver Lake from the requirement to have a recreational fishing license to fish for carp. 

Fish, wildlife, shellfish, and seaweed disease prevention authority for highway signage to voluntary check stations (SB 5306)

Proposal Overview: Fish, wildlife, shellfish, and seaweed diseases can spread across the United States. This can occur through natural movement or through transportation of fish, wildlife, shellfish, and seaweed by humans. Currently, Washington is increasing efforts to prevent chronic wasting disease from establishing in the state. Broadening the Department’s checkpoint authority and ability to notify the public of checkpoints will allow for further biological sampling and monitoring of relevant species.

Solution: WDFW is seeking the authority to post signage on interstates and highways for disease checkpoints and request voluntary compliance. This legislation would create a new chapter in RCW 77 to include fish, wildlife, shellfish, and seaweed infectious disease interdiction and control.

• Fact sheet: Fish, wildlife, shellfish, and seaweed disease checkpoints (PDF)

End of session update: This bill passed the Legislature without amendment. 

One WDFW-requested bill passed the Legislature in 2023: Concerning permitting for certain hatchery maintenance activities.

• Concerning permitting for certain hatchery maintenance activities

  Overview: There is often uncertainty from local government whether hatchery activities can be considered normal maintenance and operations because those activities include sediment removal and the placement of structures that are more often associated with new development. Local governments may require a permit for this work or for the placement of a temporary weir across a stream, which is a typical part of hatchery operations.
  
  Because WDFW is considered the agency with expertise in safely conducting in-water work to protect fish, other authorities often defer to WDFW’s expertise on such work when granting permits. This permitting process reduces the efficiency and timeliness of hatchery maintenance.
  
  This bill mirrored a current exception from Shoreline Management Act permitting for maintenance and repair completed by the Department of Transportation. Activities related to the maintenance, repair, or replacement of equipment and components that support a fish hatchery undertaken by WDFW, a federally recognized Indian tribe, a public utility district, or a municipal utility will no longer require a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government pursuant to the Shoreline Management Act.
  
  Fact sheet: Hatchery maintenance (PDF)

• Recreational fishing licenses required for freshwater smelt, crawfish, and common carp

  Proposal Overview: Licenses are a gateway to knowing the rules and regulations for fisheries in Washington state. Part of the licensing process requires participants to read the annual fishing pamphlet and abide by the rules when fishing which helps maintain more orderly fisheries.
  
  Solution: This legislation would remove the current exemption from a fishing license for freshwater smelt, carp, and crawfish, to allow for regulation and monitoring of those species.
  
  Fact sheet: Recreational licenses (PDF)
  Note: This bill was reintroduced in the 2024 legislative session: Providing for recreational licensing of eulachon, crawfish, and carp.

• Fish, wildlife, shellfish, and seaweed disease prevention authority for highway signage to voluntary check stations

  Proposal Overview: Fish, wildlife, shellfish, and seaweed diseases can spread across the United States. This can occur through natural movement or through transportation of fish, wildlife, shellfish, and seaweed by humans. Currently, Washington is increasing efforts to prevent chronic wasting disease from establishing in the state. Broadening the Department’s checkpoint authority and ability to notify the public of checkpoints will allow for further biological sampling and monitoring of relevant species.
  
  Solution: WDFW is seeking the authority to post signage for disease checkpoints and request voluntary compliance. This legislation would create a new chapter in RCW 77 to include fish, wildlife, shellfish, and seaweed infectious disease interdiction and control.
  
  Fact sheet: Fish, wildlife, shellfish, and seaweed disease checkpoints (PDF)

• Capitalizing an account to provide for shoreline restoration revolving funds

  Proposal Overview: When private property owners are interested in solving hard armor failings with healthy shoreline alternatives or asked to consider removal of hard armor from their property, the upfront costs to address armor and shorefront property solutions can be challenging.
  
  Solution: WDFW is proposing a one-time capitalization of $4.5 million into a dedicated account that would allow for low interest and easy repayment Shore-Loans to private property owners for their restoration of healthy shorelines and hard armor removal.
  
  Fact sheet: Shoreline revolving fund (PDF)

The Washington Department of Fish and Wildlife operates as the state's principal agency for species protection and conservation, under a mandate defined in Title 77 of the Revised Code of Washington (RCW). That legislative mandate directs the department to preserve, protect, perpetuate and manage fish and wildlife and to provide fishing and hunting opportunities. Department activities also are subject to provisions of Title 220 of the Washington Administrative Code (WAC).

• WDFW's statutory mandate (RCW 77.04.012)
• Washington State Legislature
• Washington Administrative Code (WAC)
• Revised Code of Washington (RCW)