FINAL BILL REPORT

SHB 928

                                  C 374 L 87

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

SYNOPSIS AS ENACTED

BACKGROUND:

The Department of Natural Resources (DNR) manages the land underlying the water of the state.  This includes the beds of navigable waters.  Existing laws direct the department to manage the submerged lands for public benefits.  These benefits include:  1) encouraging direct 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.  The Department of 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. In March, the state supreme court held that DNR did not violate any laws or procedures in offering the tract at Agate Pass for lease.

SUMMARY:

The Department of Natural Resources cannot permit the commercial harvest of subtidal hardshell clams by means of a hydraulic escalator when upland property within 500 feet of the lease tract is zoned for residential use.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    49     0(Senate amended)

      House 94   3(House concurred)

EFFECTIVE:May 12, 1987