SENATE BILL REPORT

SB 6727

BYSenators Kreidler, Metcalf and DeJarnatt

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

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 31, 1990

Majority Report:     Do pass.

     Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, DeJarnatt, Kreidler, Patterson, Sutherland.

Senate Staff:Vic Moon (786-7469)

                March 1, 1990

House Committe on Natural Resources & Parks

AS PASSED SENATE, FEBRUARY 8, 1990

BACKGROUND:

The statutes regulating the sale of valuable materials including plants, shellfish and other materials from state-owned lands has not been updated since 1982.  The Department of Natural Resources needs greater specificity in the statute to ensure that bids will go to the highest responsible bidder and that the provisions of the sale of valuable materials 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; 6) whether the subcontractors to the bidder are responsible; and 7) other information the department may secure which bears on the decision to award the contract.  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 sold as a valuable material.  The department will enter into harvesting agreements with the purchaser of geoduck tideland leases.  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.

Every diver engaged in geoduck harvesting will pay an annual license fee of $50 to the Department of Fisheries.

The Department of Natural Resources is authorized to 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.  Remedies against a person wrongfully taking shellfish will include civil damages and be based on the preponderance of the evidence.  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 that is shown to be wrongfully taken, or by other evidence that reasonably establishes the amount of shellfish.

Appropriation:  none

Revenue:   yes

Fiscal Note:    available

Senate Committee - Testified:   Stan Biles, Department of Natural Resources (pro); Gene Canfield, Undersea Harvesters Assn.; Steve Lacroix

HOUSE AMENDMENT:

The House striking amendment makes some technical changes:  the geoduck diver license fee provision is deleted; and, the responsible bidder section is clarified.