FINAL BILL REPORT

                  HB 1168

                         C 295 L 93

                     Synopsis as Enacted

Brief Description:  Leasing beds of tidal waters.

By Representatives King, Chappell, Basich, Orr, Fuhrman, Flemming, Springer and Wood.

House Committee on Fisheries & Wildlife

Senate Committee on Natural Resources

Background:  The Department of Natural Resources (DNR) manages two million acres of state-owned aquatic lands.  Aquatic or submerged lands include tidally influenced lands such as tidelands and bedlands, as well as the beds and shores of navigable freshwater bodies.  These aquatic lands were granted to Washington State by the federal government in 1889.  Almost 45,000 acres of tidelands have been sold by the state to private individuals for commercial cultivation of oysters and clams. 

Oysters, clams, mussels, scallops, shrimp and other species located on state-owned aquatic lands fall under the department's management jurisdiction.  The department is authorized to lease aquatic lands for cultivating oysters, clams or other edible shellfish, or for other aquaculture use.  Commercial oyster and clam cultivation and harvesting is authorized by the department on approximately 4,450 acres of state-owned aquatic lands.  The maximum lease length is established by statute at 10 years.  Currently, DNR has 163 leases for all types of aquaculture.  Under the existing 10-year limit, the department renews 25 to 30 leases per year.

Summary:  The maximum lease length for an aquatic lands lease and renewal lease for the purposes of planting and cultivating oyster beds, cultivating clams or other edible shellfish, or other aquaculture use is extended from 10 to 30 years.  The maximum parcel size of 40 acres for oyster aquaculture leases from the Department of Natural Resources is removed.

Votes on Final Passage:

House  97 0

Senate 40 4 (Senate amended)

House  97 0 (House concurred)

Effective:  July 25, 1993