What are they?
In 1895, when Washington had been a state for about 6 years, the Bush and Callow Acts were passed, allowing for the sale of state-owned tidelands to private parties. The stated purpose was to encourage and facilitate oyster planting. It provided for the sale of not more than 100 acres of state-owned tidelands at $1.25 per acre for use only for oyster planting and cultivation to private parties. At that time the Olympia oyster was the species grown. The Pacific oyster (Japanese oyster), native to Asia, was introduced in 1902. We might imagine that conditions were simple by today’s standards. The use of plastics and other aids to large scale cultivation came decades later.
Where are they?
This map can also be viewed online at:
https://www.dnr.wa.gov/publications/aqr_bush_callow_thurston_20111005c.pdf
Changes over the years
Note that the acts in their original form did not allow for clam cultivation. This changed in 1919 with the “Edible Clam Law”. In the mid 20th Century, the tide seemed to turn against shellfish growing on these lands. The Bush and Callow Acts were repealed by the legislature in 1935 and the Edible Clam Law was repealed in 1949. In 1971 the Gissberg Amendment was passed forbidding the sale of state-owned aquatic lands into private ownership. The tide turned again in 1991. The courts found that if tidelands were cultivated under Bush and Callow between 1919 and 1949, they were “grandfathered in”. In 2002 the legislature boldly showed its intent to now promote shellfish farming and remove any uncertainty regarding land ownership arising from previous language in the “reversionary clauses”. They passed RCW 79.135.010. The accompanying notes show a clear intent to foster shellfish farming without any mention of possible conflicting interests.
A few observations are in order:
- Conflict can and does exist.
- Many waterfront property owners believe that they own their tidelands. They may not. Or they may have only partial ownership with Bush Act tidelands starting in deep water and extending as high as the +10 foot tidal level (zero being mllw).
- The owner of the Bush Act Lands may now partner with commercial shellfish growers.
- The owner of the Bush Act Lands is likely not a local residential owner.
- Privately owned lands are currently the main site of commercial geoduck cultivation. Bush tidelands are a subset of these. At the time of this writing, 2023, no geoduck farming is happening on state owned public lands. A pilot program is being considered by the state. One factor guiding site selection is physical separation from residential areas.