Washington Code 77.135.120 – Mandatory check stations
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(1) The department may establish mandatory check stations to inspect aquatic conveyances for clean and drain requirements and aquatic invasive species. The check stations must be operated by at least one fish and wildlife officer, an ex officio fish and wildlife officer in coordination with the department, or department-authorized representative, and must be plainly marked by signs and operated in a safe manner.
Terms Used In Washington Code 77.135.120
- Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
- Conviction: A judgement of guilt against a criminal defendant.
- Ex officio: Literally, by virtue of one's office.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(2) Aquatic conveyances required to stop at mandatory check stations include registered vessels, commercial vessels, and small vessels. The department may establish rules governing other types of aquatic conveyances that must stop at mandatory check stations. The rules must provide sufficient guidance so that a person transporting the aquatic conveyance readily understands that he or she is required to stop.
(3) A person who encounters a mandatory check station while transporting an aquatic conveyance must:
(a) Stop at the mandatory check station;
(b) Allow the aquatic conveyance to be inspected for clean and drain requirements and aquatic invasive species;
(c) Follow clean and drain orders if clean and drain requirements are not met pursuant to RCW 77.135.110; and
(d) Follow decontamination orders pursuant to RCW 77.135.130 if an aquatic invasive species is found.
(4) A person who complies with the department directives under this section is exempt from criminal penalties under RCW 77.15.809 and 77.15.811, civil penalties under *RCW 77.15.160(4), and civil forfeiture under RCW 77.15.070, unless the person has a prior conviction for an invasive species violation within the past five years.
NOTES:
*Reviser’s note: RCW 77.15.160 was amended by 2017 3rd sp.s. c 8 § 42, changing subsection (4) to subsection (5), effective January 1, 2018.
Findings—2014 c 202: See note following RCW 77.135.010.