SENATE BILL REPORT

SHB 928

BYHouse Committee on Natural Resources (originally sponsored by Representatives Spanel, K. Wilson, Schmidt, Meyers, Zellinsky, Cole, Fuhrman, S. Wilson, Belcher, Haugen and Bumgarner)

Establishing procedures for leasing lands for commercial harvesting of subtidal hardshell clams.

House Committe on Natural Resources

Senate Committee on Natural Resources

Senate Hearing Date(s):March 26, 1987; April 1, 1987; April 2, 1987

Majority Report:     Do pass as amended.

     Signed by Senators Owen, Chairman; Conner, Craswell, McDonald, Metcalf, Patterson, Peterson, Rasmussen.

Senate Staff:Vic Moon (786-7469)

                April 3, 1987

AS REPORTED BY COMMITTEE ON NATURAL RESOURCES, APRIL 2, 1987

BACKGROUND:

The Department of Natural Resources (DNR) manages the land underlying the water of the state, including the beds of navigable waters.  Existing laws direct the department to manage the submerged lands for public benefits including:  (1) public use and access, (2) fostering water-dependent uses, (3) ensuring environmental protection, and (4) utilizing renewable resources.  Producing revenue in a manner consistent with these criteria is a public benefit.

One aspect of revenue production includes leasing beds of navigable waters for the harvest of shellfish such as geoducks and hardshell clams.  Current law provides a process where the director of the Department of Fisheries and DNR work together to determine the value of a proposed lease of aquatic lands for cultivating shellfish.  Fisheries may determine that an area is not suitable for leasing.  If the area is suitable for leasing, the director determines the value of the shellfish and the minimum rental of the proposed lease.  Lease terms range from five to ten years.

For more than a decade, DNR has attempted to lease a tract of submerged land near Agate Pass in Kitsap County for the harvest of hardshell clams.  Harvesting would be by hydraulic escalator.  The method and the location of the lease are controversial.  The land is currently under lease.  The harvesting has not begun due to a series of legal challenges which were settled by the Washington State Supreme Court on March 5, 1987.  The Supreme Court upheld the 1980 decision of the Shorelines Hearings Board which permitted hardshell clam harvesting in Agate Pass.

SUMMARY:

Before offering the beds of navigable waters for lease for the extraction of hardshell clams by means of a hydraulic escalator, the Department of Natural Resources shall provide adjacent upland property owners the right of first refusal on the lease.  DNR will notify by certified mail each of the owners of upland property fronting on the lease area of their intent to lease the area for removal of hardshell clams.  The notice will contain the proposed lease value.  Landowners have 60 days to accept or reject the lease.

Upon accepting the lease, the landowner or group of landowners will pay the department the value of any edible clams, as determined by the director of the Department of Fisheries.  The landowner shall pay for expenses incurred by Fisheries in determining the abundance of clams.  The upland landowner may not sublease the beds of the navigable waters.

If an upland owner leases the property, the provisions of RCW 79.96.060 do not apply.  This means the lease area does not have to be used exclusively for cultivating shellfish during the period of the lease.

If the upland owners choose not to exercise their right of first refusal, the lease area may be offered to any person.  The manner of the lease will follow existing procedures.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The Department of Natural Resources shall not permit the commercial harvest of hardshell clams by hydraulic escalating when the upland within five hundred feet of the lease tract is zoned for residential development.

The striking amendment contains an emergency clause and the bill takes effect immediately.

Fiscal Note:    available

Senate Committee - Testified:   Representative Harriet Spanel, original sponsor; Michael Doctor, Friends of Agate Pass; Pat EcElroy, Department of Natural Resources; Ron Westly, Department of Fisheries; John Woodring; Lee Bomacker, Washington Aquaculture Council; Skippen Welling