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ENGROSSED SUBSTITUTE HOUSE BILL
2819
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Passed Legislature - 2002 Regular
Session
State of Washington 57th Legislature 2002
Regular Session
By
Read first time 02/06/2002. Referred to
Committee on .
Addressing the
uncertainty surrounding reversionary clauses contained in Bush act and Callow
act deeds.
AN ACT Relating to Bush
act and Callow act lands; adding a new section to chapter 79.90 RCW; adding a
new section to chapter 79.96 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature declares
that shellfish farming provides a consistent source of quality food, offers
opportunities of new jobs, increases farm income stability, and improves
balance of trade. The legislature also finds that many areas of the state of Washington
are scientifically and biologically suitable for shellfish farming, and
therefore the legislature has encouraged and promoted shellfish farming
activities, programs, and development with the same status as other
agricultural activities, programs, and development within the state. It being
the policy of this state to encourage the development and expansion of
shellfish farming within the state and to promote the development of a diverse
shellfish farming industry, the legislature finds that the uncertainty
surrounding reversionary clauses contained in Bush act and Callow act deeds is
interfering with this policy. The legislature finds that uncertainty of the
grant of rights for the claim and other shellfish culture as contained in
chapter 166, Laws of 1919 must be fully and finally resolved. It is not the
intent of this act to impair any vested rights in shellfish cultivation or
current shellfish aquaculture activities to which holders of Bush act and
Callow act lands are entitled.
NEW SECTION. Sec.
2. A new section is added
to chapter 79.90 RCW to read as follows:
(1) A person in
possession of real property conveyed by the state of Washington pursuant to the
authority of chapter 24, Laws of 1895 (Bush act) or chapter 25, Laws of 1895
(Callow act), wherein such lands are subject to a possibility of reversion,
shall heretofore have and are granted the further right to use all of the
property for the purpose of cultivating and propagating clams and any
shellfish.
(2) The rights granted
under subsection (1) of this section do not include the right to use subtidal
portions of Bush act and Callow act lands for the harvest and cultivation of
any species of shellfish that had not commenced prior to December 31, 2001.
(3) For the purposes of
this section, harvest and cultivation of any species of shellfish shall not be
deemed to have commenced unless the subtidal portions of the land had been
planted with that species of shellfish prior to December 31, 2001.
(4) No vested rights in
shellfish cultivation may be impaired by any of the provisions of this act, nor
is anything other than what is stated in subsection (2) of this section
intended to grant any further rights in the subtidal lands than what was
originally included under the intent of the Bush and Callow acts.
NEW SECTION. Sec.
3. A new section is added
to chapter 79.96 RCW to read as follows:
Beds of
navigable waters held under contract or deed from the state of Washington upon
which a private party is harvesting or cultivating geoduck shall be surveyed by
the private party and a record of survey filed in compliance with chapter 58.09
RCW prior to harvest. Property corners will be placed in sufficient quantity
and location to aid in relocation of the oyster tract lines occurring or
extending below extreme low tide. Buoys on anchors must be placed intervisibly
along and at angle points on any ownership boundaries that extend below extreme
low tide, for the harvest term. The survey of privately owned beds of
navigable waters will be established on the Washington coordinate system in
compliance with chapter 58.20 RCW and property corners labeled with their
coordinates on the record of survey.
