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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.
Passed the House February 18, 2002.
Passed the Senate March 5, 2002.
Approved by the Governor
March 26, 2002.
Filed
in Office of Secretary of State March 26, 2002.
