S-2169               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 4041

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Natural Resources (originally sponsored by Senator Owen)

Read first time 3/5/85.

AN ACT Relating to state oyster reserves; and amending RCW 75.24.030, 75.24.060, 79.96.100, and 79.96.110.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 75.24.030, chapter 12, Laws of 1955 as amended by section 79, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.24.030 are each amended to read as follows:

          Only upon recommendation of the director may the state oyster reserves be sold, leased, or otherwise disposed of by the department of natural resources.  The director may recommend that the department of natural resources lease state oyster reserve lands on a long-term basis for shellfish propagation.

        Sec. 2.  Section 75.24.060, chapter 12, Laws of 1955 as last amended by section 81, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.24.060 are each amended to read as follows:

          It is the policy of the state to ((improve state oyster reserves so that they are productive and yield a revenue sufficient for their maintenance.  In fixing the price of oysters and other shellfish sold from the reserves, the director shall take into consideration this policy.  It is also the policy of the state to maintain the oyster reserves to furnish shellfish to growers and processors and to stock public beaches.

          Shellfish may be harvested from state oyster reserves for personal use as prescribed by rule of the director)) manage the state oyster reserves to efficiently produce shellfish on a sustained yield basis to insure the maximum benefit from operation of the oyster reserves.

The department shall inventory the state oyster reserves and assign the reserve lands into management categories:

(1) Native Olympia oyster broodstock reserves;

(2) Commercial shellfish harvesting zones;

(3) Commercial shellfish propagation zones designated for long-term leasing to private aquaculturists;

(4) Public recreational shellfish harvesting zones;

(5) Unproductive land.

The department shall manage each category of oyster reserve land to maximize the sustained yield production of shellfish consistent with the purpose for establishment of each management category.

The department shall develop an oyster reserve management plan, in coordination with the shellfish industry, by January 1, 1986.

          The director shall protect, reseed, improve the habitat of, and replant state oyster reserves and issue cultch permits.

        Sec. 3.  Section 143, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.96.100 are each amended to read as follows:

          The department of natural resources, upon the receipt of an application for the lease of any first or second class tidelands owned by the state ((which)) that have heretofore or ((which)) that may hereafter be set aside as state oyster reserves, shall notify the director of fisheries of the filing of the application describing the lands applied for.  ((It shall be the duty of)) The director of fisheries ((to)) shall cause an inspection of the reserve to be made for the purpose of determining whether ((said)) the reserve or any part ((thereof)) of it should be retained as a state oyster reserve, be leased to private aquaculturists, or be vacated.

        Sec. 4.  Section 144, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.96.110 are each amended to read as follows:

          In case the director of fisheries approves the lease or vacation of the whole or any part of ((said)) the reserve, the department of natural resources may accordingly vacate ((and)) or offer for lease such parts or all of ((said)) the reserve as it deems to be for the best interest of the state, and all moneys received for the lease of such lands shall be paid to the department of natural resources in accordance with RCW ((79.94.190:  PROVIDED, That nothing in RCW 79.96.090 through 79.96.110 shall be construed as authorizing the lease of any tidelands which have heretofore, or which may hereafter, be set aside as state oyster reserves in Eld Inlet, Hammersley Inlet, or Totten Inlet, situated in Mason or Thurston counties:  PROVIDED FURTHER, That any portion of Plat 138, Clifton's Oyster Reserve, which has already been vacated, may be leased by the department)) 79.24.580.