DNR deal may allow shellfish harvest

State, company continue negotiations over damages for past years' yields

By John Dodge | The Olympian • Published December 23, 2008

Comments (0)

OLYMPIA – The state Department of Natural Resources is poised to lease 17 acres of state tidelands in Totten Inlet to the company that's been growing and harvesting oyster and geoducks there without a permit since 1972.

The proposed five-year lease with Taylor Shellfish Co. does not allow Taylor to plant more geoducks on the property northeast of Gallagher Cove, DNR spokeswoman Patty Henson said. But the proposed lease would assure the company that it won't lose some $3 million in oysters and geoducks it's cultivating on the tidelands, Taylor spokesman Bill Dewey said.

Taylor officials say they were unaware until last spring that the state owned the land, which was mistakenly incorporated into the 1972 purchase of adjoining tidelands from a private party.

DNR and the shellfish company continue to negotiate on a state claim for monetary damages for the shellfish the company has harvested on state land the past three years. The state calculated the damages at $443,850, a number that could triple if the company fails to convince DNR that it was an honest mistake.

Public comment

DNR will accept public comment on the proposed lease through Jan. 5, making the controversial lease one of the last acts by state Lands Commissioner Doug Sutherland, a Republican who lost the November election to Democrat Peter Goldmark. Goldmark takes office Jan. 14.

During the campaign, Sutherland had strong financial backing from the shellfish industry while Goldmark received support from shoreline property owners who have been battling Taylor Shellfish and other commercial growers over the rapid growth of intertidal geoduck farms.

"It is regrettable that the incumbent would attempt to jam through another 11th-hour deal for one of his campaign contributors," Goldmark spokesman Aaron Toso said. "This is not how the next administration will manage the public's resources. If this is a good deal, it doesn't need to be rushed through over the holidays when no one is paying attention."

But DNR and Taylor officials dismissed the charges that the proposed lease was on a fast track to be completed before Sutherland leaves office, ensuring a favorable outcome for Taylor Shellfish.

"We're proceeding on the same schedule as if Sutherland had been re-elected to office," Henson said.

Dewey said, "I'd like to think the outcome would be the same, regardless of who is in office."