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

Washington § 79.135.420

• Jurisdiction: Washington
• Title 79: PUBLIC LANDS
• Ch. 79.135: AQUATIC LANDS—OYSTERS, GEODUCKS, SHELLFISH, OTHER AQUACULTURAL USES, AND MARINE AQUATIC PLANTS

Text

(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.

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 .

Legislative History

[2005 c 155 s 716. Prior:2003 c 334 s 443;2003 c 53 s 380;1994 c 286 s 2;1993 c 283 s 4. Formerly RCW79.96.220,79.01.810.]