RCW...WAC...Huh???

[bigtex]

So most of us have probably herd the term WAC or RCW, but what do they actually mean?

The Revised Code of Washington (RCW) are laws that are set by the state legislature.

The Washington Administrative Code (WAC) are regulations that are set by agencies or agency commissions/boards such as the Fish and Wildlife Commission, Gambling Commission or Washington State University.

RCW’s tend to be very broad in nature when they are dealing with non-violent offenses. Whereas WAC’s tend to be very specific.

For example RCW 77.15.160 are Fish and Wildlife infractions (non criminal offenses). Here is the RCW:

A person is guilty of an infraction, which shall be cited and punished as provided under chapter 7.84 RCW, if the person:

(1) Fails to immediately record a catch of fish or shellfish on a catch record card required by RCW 77.32.430, or required by rule of the commission under this title; or

(2) Fishes for personal use using barbed hooks in violation of any rule; or

(3) Violates any other rule of the commission or director that is designated by rule as an infraction.

As you can see part 1&2 are specific while 3 is very broad in that it states “any other rule of commission or director”. RCW 77 which is the fish and wildlife code is FULL of similar statements implying X and Y are unlawful, and so is violating any other rule of the commission.

Here is another example- RCW 77.15.380 Unlawful Recreational Fishing 2nd Degree:

(1) A person is guilty of unlawful recreational fishing in the second degree if the person fishes for, takes, possesses, or harvests fish or shellfish and:

(a) The person does not have and possess the license or the catch record card required by chapter 77.32 RCW for such activity; or

(b) The action violates any rule of the commission or the director regarding seasons, bag or possession limits but less than two times the bag or possession limit, closed areas, closed times, or any other rule addressing the manner or method of fishing or possession of fish, except for use of a net to take fish as provided for in RCW 77.15.580 and the unlawful use of shellfish gear for personal use as provided in RCW 77.15.382.

(2) Unlawful recreational fishing in the second degree is a misdemeanor.

So in this section part 1 is very specific (need a license or CRC) and part 2 is broad.


So where do RCW’s and WAC’s mix?

The easiest way to put it is that most (and all WDFW) WAC’s are enforced by RCW’s. So let’s say you get cited for No Hunter Orange. Your citation will say something along the lines of RCW 77.15.160.3 WAC 232-12-055 Failure to Wear Hunter Orange. 77.15.160.3 says it’s unlawful to violate a rule of the commission, and WAC 232-12-055 states the hunter orange requirements. Also, typically in the WAC it will state which RCW the WAC is to be enforced by; part 7 of WAC 232-12-055 states “Violation of this section is an infraction, punishable under RCW 77.15.160.”

There are only a few fish and wildlife violations that don’t require both a RCW and a WAC; and they are mainly those that have to do with required licenses or serious offenses. Any regs which are adopted by the WDFW Commission are found in the WAC. So your everyday over-limits, closed season/areas, etc will require a RCW and WAC.

I will answer all questions.

[Bob33]

Great post, Bigtex.  Thanks!

[bearpaw]

Just found this, very informative, I always wondered just what WAC's and RCW's specifically were. THANKS 

[bucklucky]

I wish I would have went to school to ne a lawyer so I can understand all them damn WAC and RCW's 

[Bob33]

Here's a great search tool for WACS and RCWs:
http://search.leg.wa.gov/pub/textsearch/default.asp

Put in what you want to search for in the "Search Legislative Documents" input box, click the WAC and RCW check boxes, and click "Search".

Give it a try.

[Hawgdawg]

I wish I would have went to school to ne a lawyer so I can understand all them damn WAC and RCW's 

Mr Buck, just do what I do and bring a land surveyor and a attorney with you when you hunt and fish!

[Special T]

The ammount i have learned from you input is greatly appreciated Big Tex!

[Bob33]

OK, Bigtex - see if I have this correct.

An RCW is a law passed by the state legislature.  A WAC is a set of rules implemented by a state agency to comply with the RCW.

Example: elk bag limit.  The state enacts a law: RCW 77.15.410 "Unlawful hunting of big game".

To comply, WDFW then writes WAC 232-28-352 "Elk general seasons and definitions".  The WAC addresses such things as hunting method (Modern, Muzzleloader, Archery), hunt area (Eastern/Western), etc.  These define "unlawful hunting of.." elk.

Is that a correct understanding?

[Fl0und3rz]

Another way (better?) to search the RCWs and WAC is to use the Google "site:" search tool.

For instance, if you want to find the applicable RCWs/WAC on having a loaded firearm in a vehicle you could enter into Google (without the quotes):

"firearm vehicle loaded site:apps.leg.wa.gov/RCW/"

http://www.google.com/search?q=firearm+vehicle+loaded+site%3Aapps.leg.wa.gov%2FRCW%2F

And for WAC (without the quotes):
"firearm vehicle loaded site:apps.leg.wa.gov/WAC/"

http://www.google.com/search?q=firearm+vehicle+loaded+site%3Aapps.leg.wa.gov%2FWAC%2F

[bigtex]

OK, Bigtex - see if I have this correct.

An RCW is a law passed by the state legislature.  A WAC is a set of rules implemented by a state agency to comply with the RCW.

Example: elk bag limit.  The state enacts a law: RCW 77.15.410 "Unlawful hunting of big game".

To comply, WDFW then writes WAC 232-28-352 "Elk general seasons and definitions".  The WAC addresses such things as hunting method (Modern, Muzzleloader, Archery), hunt area (Eastern/Western), etc.  These define "unlawful hunting of.." elk.

Is that a correct understanding?

correct

[bearpaw]

thanks for helping us understand this....