Representative Fitzgibbon introduced HB 2337 giving the Department of Fish & Wildlife (DFW) civil enforcement authority for hydraulic project related violations. DFW’s civil enforcement authority currently is limited to a fine of $100 per day.
The bill authorizes increasing the civil penalty to $10,000 per violation for infractions below the ordinary high water line and retains the current $100 per day penalty for infractions above the ordinary high water line. The bill also authorizes DFW to issue stop-work orders if there is a deviation from approved work or if needed to prevent damage to fish life. The bill also lays out a process for WDF to provide technical assistance and time for voluntary compliance prior to issuing a citation and penalty.
Civil enforcement authority for DFW was also included in SHB 1428 introduced in 2017. WSAC opposed that bill over several issues. WSAC will continue to express concerns over the jurisdictional overlap between DFW for hydraulic project approval (HPAs) and the Ecology/local agency authority over shoreline activities.