Wash. Rev. Code § 79.135.001
Intent—2005 c 155
See RCW 79.105.001.
Revised Code of Washington Chapter 79.135 — Aquatic Lands—Oysters, Geoducks, Shellfish, Other Aquacultural Uses, and Marine Aquatic Plants
Washington · statute · Wash. Rev. Code ch. 79.135 · 29 active provisions
Wash. Rev. Code § 79.135.010
Bush act/Callow act lands
GENERAL PROVISIONS (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 ri…
Wash. Rev. Code § 79.135.020
Sale of reserved or reversionary rights in tidelands
Upon an application to purchase the reserved and reversionary rights of the state in any tidelands sold under the provisions of chapter 24, Laws of 1895, or chapter 25, Laws of 1895, or chapter 165, Laws of 1919, or either the reserved or reversionary right if only one exists, being filed in the department's Olympia of…
Wash. Rev. Code § 79.135.030
Wrongful taking of shellfish from public lands—Civil remedies
(1) If a person wrongfully takes shellfish or causes shellfish to be wrongfully taken from the public lands and the wrongful taking is intentional and knowing, the person is liable for damages of treble the fair market retail value of the amount of shellfish wrongfully taken. If a person wrongfully takes shellfish from…
Wash. Rev. Code § 79.135.040
Aquaculture products—Sale by leaseholder
Aquaculture products produced on leased state-owned aquatic land may be sold by the leaseholder as prescribed by the department without competitive bid or public auction and consistent with statutes governing aquaculture leases on state-owned aquatic land.
Wash. Rev. Code § 79.135.100
Aquatic lands used for aquaculture production and harvesting—Rents and fees—Limitations on leases
LEASING FOR SHELLFISH CULTIVATION/AQUACULTURE USE (1) If state-owned aquatic lands are used for aquaculture production or harvesting, rents and fees shall be established through competitive bidding or negotiation.(2) After an initial twenty-three acres are leased, the department is prohibited from offering leases that…
Wash. Rev. Code § 79.135.110
Leasing beds of tidal waters for shellfish cultivation or other aquaculture use
(1) The beds of all navigable tidal waters in the state lying below extreme low tide, except as prohibited by Article XV, section 1 of the state Constitution shall be subject to lease for the purposes of planting and cultivating oyster beds, or for the purpose of cultivating clams or other edible shellfish, or for othe…
Wash. Rev. Code § 79.135.120
Leasing lands for shellfish cultivation or other aquaculture use—Who may lease—Application—Deposit
Any person desiring to lease tidelands or beds of navigable waters for the purpose of planting and cultivating oyster beds, or for the purpose of cultivating clams and other edible shellfish, shall file with the department, on a proper form, an application in writing signed by the applicant and accompanied by a map of…
Wash. Rev. Code § 79.135.130
Leasing lands for shellfish cultivation or other aquaculture use—Inspection and report by director of fish and wildlife—Rental and term—Commercial harvest of subtidal hardshell clams by hydraulic escalating
(1) The department, 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 fish and wildlife of the filing of the application describing the tidelands or beds of navigable wate…
Wash. Rev. Code § 79.135.140
Leasing lands for shellfish cultivation or other aquaculture use—Survey and boundary markers
Before entering into possession of any leased tidelands or beds of navigable waters, the applicant shall have the lands surveyed by a registered land surveyor, and the applicant shall furnish to the department and to the director of fish and wildlife, a map of the leased premises signed and certified by the registered…
Wash. Rev. Code § 79.135.150
Renewal lease—Application
The department may, upon the filing of an application for a renewal lease, inspect the tidelands or beds of navigable waters, and if the department deems it in the best interests of the state to re-lease the lands, the department shall issue to the applicant a renewal lease for a further period not exceeding thirty yea…
Wash. Rev. Code § 79.135.160
Leasing lands for shellfish cultivation or other aquaculture use—Reversion for use other than cultivation of shellfish
All leases of tidelands and beds of navigable waters for the purpose of planting and cultivating oysters, clams, or other edible shellfish shall expressly provide that if at any time after the granting of the lease, the described lands shall cease to be used for the purpose of oyster beds, clam beds, or other edible sh…
Wash. Rev. Code § 79.135.170
Leasing lands for shellfish cultivation or other aquaculture use—Abandonment—Application for other lands
If from any cause any lands leased for the purpose of planting and cultivating oysters, clams, or other edible shellfish become unfit and valueless for any such purposes, the lessee or the lessee's assigns, upon certifying the fact under oath to the department, together with the fact that the lessee has abandoned the l…
Wash. Rev. Code § 79.135.200
Geoduck harvest/cultivation—Survey of navigable waters by private party—Record of survey
GEODUCK HARVEST/CULTIVATION 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 b…
Wash. Rev. Code § 79.135.210
Geoduck harvesting—Agreements, regulation—Geoduck diver safety program
(1) Except as provided in RCW 79.135.040, geoducks shall be sold as valuable materials under the provisions of *chapter 79.90 RCW. After confirmation of the sale, the department may enter into an agreement with the purchaser for the harvesting of geoducks. The department may place terms and conditions in the harvesting…
Wash. Rev. Code § 79.135.220
Geoduck harvesting—Designation of aquatic lands
The department shall designate the areas of state-owned aquatic lands that are available for geoduck harvesting by licensed geoduck harvesters in accordance with *chapter 79.90 RCW.
Wash. Rev. Code § 79.135.230
Intensive management plan for geoducks
The department may enter into agreements with the department of fish and wildlife for the development of an intensive management plan for geoducks including the development and operation of a geoduck hatchery.
Wash. Rev. Code § 79.135.300
Lease of tidelands set aside as oyster reserves
OYSTER RESERVES The department is authorized to lease first or second-class tidelands which have been or that are set aside as state oyster reserves in the same manner as provided elsewhere in this chapter for the lease of those lands.
Wash. Rev. Code § 79.135.310
Inspection by director of fish and wildlife
The department, upon the receipt of an application for the lease of any first or second-class state-owned tidelands that are set aside as state oyster reserves, shall notify the director of fish and wildlife of the filing of the application describing the lands applied for. It is the duty of the director of fish and wi…
Wash. Rev. Code § 79.135.320
Vacation of reserve—Lease of lands—Designated state oyster reserve lands
(1) In the event that the fish and wildlife commission approves the vacation of the whole or any part of a reserve, the department may vacate and offer for lease the parts or all of the reserve as it deems to be for the best interest of the state, and all moneys received for the lease of the lands shall be paid to the…
Wash. Rev. Code § 79.135.400
Seaweed—Marine aquatic plants defined
MARINE AQUATIC PLANTS Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter."Marine aquatic plants" means saltwater marine plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free-floating state. Marine…
Wash. Rev. Code § 79.135.410
Seaweed—Personal use limit—Commercial harvesting prohibited—Exception—Import restriction
(1) The maximum daily wet weight harvest or possession of seaweed for personal use from all state-owned aquatic lands and all privately owned tidelands is ten pounds per person. The department in cooperation with the department of fish and wildlife may establish seaweed harvest limits of less than ten pounds for conser…
Wash. Rev. Code § 79.135.420
Seaweed—Harvest and possession violations—Penalties and damages
(1) It is unlawful to exceed the harvest and possession restrictions imposed under RCW 79.135.410.(2) A violation of this section is a misdemeanor, and a violation taking place on state-owned aquatic lands is subject to the provisions of RCW 79.02.300.(3) A person committing a violation of this section on private tidel…
Wash. Rev. Code § 79.135.430
Seaweed—Enforcement
The department of fish and wildlife and law enforcement authorities may enforce the provisions of RCW 79.135.410 and 79.135.420.
Wash. Rev. Code § 79.135.440
Native kelp forest and eelgrass meadow health and conservation plan—Reports
(1) The department shall, consistent with this section, and subject to available funding, work with partners to establish a native kelp forest and eelgrass meadow health and conservation plan that endeavors to, by the year 2040, conserve and restore at least 10,000 acres of native kelp forests and eelgrass meadows. The…
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