(1) A person is guilty of unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction if the person owns, operates, or controls a dam or other obstruction to fish passage on a river or stream and: (a) The dam or obstruction is not provided with a durable and efficient fishway approved by the director as required by RCW 77.57.030; (b) Fails to maintain a fishway in efficient operating condition; or (c) Fails to continuously supply a fishway with a sufficient supply of water to allow the free passage of fish. (2) Unlawful failure to provide, maintain, or operate a fishway for dam or other obstruction is a gross misdemeanor. Following written notification to the person from the department that there is a violation, each day of unlawful failure to provide, maintain, or operate a fishway is a separate offense.
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