H-1537              _______________________________________________

                                                    HOUSE BILL NO. 928

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Spanel, K. Wilson, Schmidt, Meyers, Zellinsky, Cole, Fuhrman, S. Wilson, Belcher, Haugen and Bumgarner

Read first time 2/16/87 and referred to Committee on Natural Resources.

AN ACT Relating to the commercial harvesting of subtidal hardshell clams; amending RCW 79.96.030; adding a new section to chapter 79.96 RCW; and declaring an emergency.

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

        Sec. 1.  Section 136, chapter 21, Laws of 1982 1st ex. sess. and RCW 79.96.030 are each amended to read as follows:

(1) The department of natural resources, upon the receipt of an application for a lease for the purpose of planting and cultivating oyster beds or for the purpose of cultivating clams or other edible shellfish, shall notify the director of fisheries of the filing of the application describing the tidelands or beds of navigable waters applied for.  The director of fisheries shall cause an inspection of the lands applied for to be made and shall make a full report to the department of natural resources of his findings as to whether it is necessary, in order to protect existing natural oyster beds, and to secure adequate seeding thereof, to retain the lands described in the application for lease or any part thereof, and in the event the director deems it advisable to retain the lands or any part thereof for the protection of existing natural oyster beds or to guarantee the continuance of an adequate seed stock for existing natural oyster beds, the same shall not be subject to lease.  However, if the director determines that the lands applied for or any part thereof may be leased, he shall so notify the department of natural resources and the director shall cause an examination of the lands to be made to determine the presence, if any, of natural oysters, clams, or other edible shellfish on said lands, and to fix the rental value of the lands for use for oyster, clam, or other edible shellfish cultivation.  In his report to the department, the director shall recommend a minimum rental for said lands and an estimation of the value of the oysters, clams, or other edible shellfish, if any, then present on the lands applied for.  The lands approved by the director for lease may then be leased to the applicant for a period of not less than five years nor more than ten years at a rental not less than the minimum rental recommended by the director of fisheries.  In addition, before entering upon possession of the land, the applicant shall pay the value of the oysters, clams, or other edible shellfish, if any, then present on the land as determined by the director, plus the expense incurred by the director in investigating the quantity of oysters, clams, or other edible shellfish, present on the land applied for.

(2) In the event the department proposes to lease tidelands or beds for the purpose of commercial harvesting of subtidal hardshell clams by means of hydraulic escalating, the department shall cause a notice to be served upon the owners of record of uplands fronting upon any portion of the tide or shorelands of the tidelands or beds to be offered for lease.  The notice shall be in the form of certified mail delivered to their last known post office address, as reflected in the county records.  The notice shall notify the upland owners that the state is offering such tidelands or beds for lease, give a description of such tidelands or beds and the department's rental value of the tidelands or beds, and notify each owner that he or she has a preference right to lease, either individually or collectively, said tidelands or beds at the rental value for the lease thereof.  This preference right shall be in effect for a period of sixty days from the date of mailing said notice.  If, at the expiration of sixty days from the date of mailing of the notice, an owner of the uplands fronting upon a portion of the tide or shorelands of the tidelands or beds to be offered for lease fails to avail himself or herself of the preference right to apply to lease the tidelands or beds described in the notice, then the tidelands or beds may be offered for lease to any person, and may be leased in the manner provided for in the case of lease of state lands.  An upland owner who exercises his or her preference right before entering upon possession of the land shall pay the value of the edible clams, if any, present on the land as determined by the director, plus the expense incurred by the director in investigating the quantity of edible clams present on the leased land:  PROVIDED, That the owner of uplands exercising his or her preference right to lease the tidelands or beds shall not sublease the tidelands or beds.

NEW SECTION. Sec. 2.  A new section is added to chapter 79.96 RCW to read as follows:

          When any upland owner exercises his or her preference right to lease tidelands or beds, the provisions of RCW 79.96.060 shall not apply.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.