FINAL BILL REPORT

SB 6727

                              C 163 L 90

BYSenators Kreidler, Metcalf and DeJarnatt

Regulating sale of valuable material, including shellfish, from state-owned aquatic lands.

Senate Committee on Environment & Natural Resources

House Committe on Natural Resources & Parks

SYNOPSIS AS ENACTED

BACKGROUND:

The statutes regulating the sale of valuable materials including plants, shellfish and other materials from state-owned lands have not been updated since 1982.  The Department of Natural Resources needs the authority to ensure that bids will go to the highest responsible bidder.  The sale of "valuable materials" needs to relate directly to the sale of shellfish.

SUMMARY:

Tideland and shoreland materials are sold at public auction to the highest responsible bidder.  The department will analyze the bid and assess the following factors:  1) whether the bid contains material defects; 2) whether the bidder is able to perform financially and technically; 3) whether the bidder has previously or is currently complying with the terms or conditions of other contracts; 4) whether the bidder has been convicted of a crime relating to public lands or natural resources; 5) whether the bidder is owned, controlled or managed by any partnership, person or corporation that is not responsible under the statute; and 6) whether the subcontractors to the bidder are responsible.  Whenever the department has reason to believe that the apparent high bidder is not a responsible bidder, the department will award the sale to the next responsible bidder or the department may reject all bids and reoffer the sale.

Geoducks are to be sold as a valuable material.  The department will enter into harvesting agreements with the purchaser of geoduck tracts.  The term "lease" is removed from the statute and the term "harvesting agreement" is substituted as a better description of the actual practice of the Department of Natural Resources.

The Department of Natural Resources may offer and pay a reward not to exceed $1,000 in each case for information regarding violations of any statute or rule adopted relating to the state's public lands and natural resources.

If a person wrongfully takes shellfish or causes shellfish to be taken from public lands, the person is liable for damages three times the market value of the amount of shellfish wrongfully taken.  "Wrongfully taken" is defined to include shellfish taken above the limits of applicable laws that govern the harvest of shellfish; without reporting the harvest to the department; outside the area the harvest is supposed to take place; and without a lease or purchase agreement, when required by law.  A person wrongfully taking shellfish is subject to civil damages.  A method is established to assess the amount of shellfish wrongfully taken, either by surveying the aquatic lands or by weighing the shellfish aboard any vessel or in possession of a person that is shown to be wrongfully taken, or by other evidence that reasonably establishes the amount of shellfish.

VOTES ON FINAL PASSAGE:

     Senate   46    0

     House 97  0 (House amended)

     Senate   38    0 (Senate concurred)

EFFECTIVE:June 7, 1990