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Honorable Dean Sutherland State Senator P.O. Box 40417 Olympia, WA 98504-0417

Dear Senator Sutherland:

By letter previously acknowledged, you have asked for our opinion on several questions concerning certain statutes relating to fish guards. Fish guards prevent the passage of fish into devices that divert water from a lake, river, or stream. We have paraphrased your inquiries as follows:

1. Must the director of the Department of Fish Wildlife take civil enforcement action in every instance where the director is aware that a device diverting water from a lake, river, or stream is not equipped…