Revised Code of Washington

Wash. Rev. Code § 15.85.020 (2026)

Definitions

✓ current as of May 2026
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Aquaculture" means the process of growing, farming, or cultivating private sector cultured aquatic products in marine or fresh waters and includes management by an aquatic farmer.
(2) "Aquatic farmer" is a private sector person who commercially farms and manages the cultivating of private sector cultured aquatic products on the person's own land or on land in which the person has a present right of possession.
(3)(a) "Private sector cultured aquatic products" are native, nonnative, or hybrids of marine or freshwater plants and animals that are propagated, farmed, or cultivated on aquatic farms under the supervision and management of a private sector aquatic farmer or that are naturally set on aquatic farms which at the time of setting are under the active supervision and management of a private sector aquatic farmer. When produced under such supervision and management, private sector cultured aquatic products include, but are not limited to, the following plants and animals:
Scientific Name
Common Name
Enteromorpha
green nori
Monostroma
awo-nori
Ulva
sea lettuce
Laminaria
konbu
Nereocystis
bull kelp
Porphyra
nori
Iridaea
 
Haliotis
abalone
Zhlamys
pink scallop
Hinnites
rock scallop
Tatinopecten
Japanese or weathervane scallop
Protothaca
native littleneck clam
Tapes
manila clam
Saxidomus
butter clam
Mytilus
mussels
Crassostrea
Pacific oysters
Ostrea
Olympia and European oysters
Pacifasticus
crayfish
Macrobrachium
freshwater prawn
Salmo and Salvelinus
trout, char, and Atlantic salmon
Oncorhynchus
salmon
Ictalurus
catfish
Cyprinus
carp
Acipenseridae
Sturgeon
(b) Private sector cultured aquatic products do not include herring spawn on kelp and other products harvested under a herring spawn on kelp permit issued in accordance with RCW 77.70.210.
(c) Private sector cultured aquatic products do not include octopus and a person may not participate in octopus aquaculture in Washington.
(4) "Department" means the department of agriculture.
(5) "Director" means the director of agriculture.
[ 2024 c 45 s 1; 2003 c 39 s 7; 1989 c 176 s 3; 1985 c 457 s 2.]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1990–2021 · leading case: State v. Hodgson, 802 P.2d 129 (Wash. Ct. App. 1990).
State v. Hodgson, 802 P.2d 129 (Wash. Ct. App. 1990). · cites it 11× “040, which provides, in pertinent part: "All aquatic farmers as defined in RCW 15.85.020 shall register with the department of fisheries .”
Echo Bay Cmty. Ass'n v. Dep't of Nat. Resources, 139 Wash. App. 321 (Wash. Ct. App. 2007). · cites it 2× “RCW 15.85.020. Thus, by its own terms, this definition does not apply to RCW 79.”
Echo Bay v. Dept. of Nat. Resources, 160 P.3d 1083 (Wash. Ct. App. 2007). · cites it 3× “¶ 32 Lastly, Echo Bay asserts that we should adopt the Department of Agriculture's definition of aquaculture in RCW 15.85.020: the process of growing, farming, or cultivating private sector culture aquatic products in marine or freshwaters and includes management by an aquatic…”
Protect Zangle Cove, Apps V. Wa Dept Of Fish & Wildlife, Resps (Wash. Ct. App. 2021). · cites it 10× “010(2) confines WDFW’s authority to regulate “private sector cultured aquatic products and aquatic farmers as defined RCW 15.85.020,” to a set of statutes that do not include the Hydraulic Code.”
— Wash. Rev. Code § 15.85.020(1) — 3 cases
Echo Bay Cmty. Ass'n v. Dep't of Nat. Resources, 139 Wash. App. 321 (Wash. Ct. App. 2007). “RCW 15.85.020. Thus, by its own terms, this definition does not apply to RCW 79.”
Echo Bay v. Dept. of Nat. Resources, 160 P.3d 1083 (Wash. Ct. App. 2007). “¶ 32 Lastly, Echo Bay asserts that we should adopt the Department of Agriculture's definition of aquaculture in RCW 15.85.020: the process of growing, farming, or cultivating private sector culture aquatic products in marine or freshwaters and includes management by an aquatic…”
Protect Zangle Cove, Apps V. Wa Dept Of Fish & Wildlife, Resps (Wash. Ct. App. 2021). “010(2) confines WDFW’s authority to regulate “private sector cultured aquatic products and aquatic farmers as defined RCW 15.85.020,” to a set of statutes that do not include the Hydraulic Code.”
— Wash. Rev. Code § 15.85.020(2) — 2 cases
State v. Hodgson, 802 P.2d 129 (Wash. Ct. App. 1990). “040, which provides, in pertinent part: "All aquatic farmers as defined in RCW 15.85.020 shall register with the department of fisheries .”
Protect Zangle Cove, Apps V. Wa Dept Of Fish & Wildlife, Resps (Wash. Ct. App. 2021). “010(2) confines WDFW’s authority to regulate “private sector cultured aquatic products and aquatic farmers as defined RCW 15.85.020,” to a set of statutes that do not include the Hydraulic Code.”
— Wash. Rev. Code § 15.85.020(3) — 2 cases
State v. Hodgson, 802 P.2d 129 (Wash. Ct. App. 1990). “040, which provides, in pertinent part: "All aquatic farmers as defined in RCW 15.85.020 shall register with the department of fisheries .”
Protect Zangle Cove, Apps V. Wa Dept Of Fish & Wildlife, Resps (Wash. Ct. App. 2021). “010(2) confines WDFW’s authority to regulate “private sector cultured aquatic products and aquatic farmers as defined RCW 15.85.020,” to a set of statutes that do not include the Hydraulic Code.”
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