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Lease: Washington Oyster Restoration

Location

Woodard Bay, Washington State, USA

Description

This case study provides an example of leasing subtidal lands from the state for a native oyster restoration project.

In 2005, The Nature Conservancy (TNC) of Washington and the Washington State Department of Natural Resources (WDNR) entered into a 10-yr conservation lease for 10 acres of submerged lands in Woodard Bay in South Puget Sound. As the first lease under WDNR’s Conservation Leasing Program, it was designed both to test the new leasing program and to allow for restoration of native oyster habitat in the area.

The site was selected to meet conservation objectives of both TNC and WDNR and to avoid direct competition with tribes or existing shellfish leases. The lease allows proprietary control over 10 acres of submerged lands in Woodard Bay, although it does not provide for control of access over the site (i.e., boat traffic).

Woodard Bay, WA. Photo: Natalie Fobes

A portion of the bay was once used a log dump by a timber company. The state acquired the parcel from the timber company in 1988. Much of the bay bottom around the lease area is now clogged with sunken logs and wood debris. A small remnant population of native oysters exists in the area, although the site has a low diversity and abundance of shellfish. The restoration of Olympia oysters at the lease site should increase benthic diversity and abundance. If successful, benefits to water quality may be seen as oysters and other shellfish provide an important filtering function to the bay ecosystem.

Finalizing the lease required extensive upfront planning and survey work. WDNR required that TNC complete a legal boundary survey and in-depth ecological assessment, pre- and post restoration survey work, and submit a detailed restoration and management plan. Phase I (baseline physical and biological characterization) was completed in 2005 along with experiments on oyster recruitment and survival. In 2006, a Phase II pilot enhancement project was done to test restoration methodology and to identify the best locations for expanded restoration. The final phase of habitat enhancement was planned for June 2007. Approximately 2.5-3 acres of habitat will be enhanced with oyster cultch. Monitoring of oyster recruitment, survival and predation is on-going.

Transaction Summary

Lease 1 conservation lease
Area 10 acres (4.05 hectares)
Resource Bay bottom (subtidal)
Dates/duration 10 yrs 2005-2010
Fee/price $100/yr
Location Woodard Bay in South Puget Sound’s Henderson Inlet, WA
Use Oyster restoration
Grantor(s) Washington State Department of Natural Resources
Grantee(s) The Nature Conservancy

Lessons Learned

  • Surveying and up-front permitting requirements were extensive, costly, and lengthy.
  • Existing liability language puts the burden on leaseholder for actions they cannot reasonably control (e.g., illegal dumping within lease site).
  • The required conservation plan and approval process needs to be modified to more easily allow for adaptive management and phased implementation of restoration plans. As currently designed, projects are expected to be completely designed and permitted for the life of the project/lease.

Cost Summary

Activity Cost Notes
Personnel/benefits $53,500 Staff time includes all start-up time for scoping and planning.
Covers lease negotiation, conservation plan development,
and implementation of the pilot restoration actions. 
Contractual $72,000  
Physical baseline survey* $39,000 Survey work was needed to meet leasing requirements
and for informing the restoration work.
Biological baseline survey* $4,500
Boundary survey* $5,500
Oyster restoration $23,000  
Travel $4,000 Includes national conference trip.
Lease Payment $100 Per year
Bond Insurance ? Nominal fee
Total Costs To-Date (as of January '07) $201,600  
Remaining Budget (as of January '07) $51,000  

Funding Sources

Lead Organization

The Nature Conservancy - Washington Chapter
Woodard Bay Aquatic Conservation Lease
Betsy Lyons, Marine Conservation Project Mgr.
1917 1st Avenue
Seattle, WA  98101
Tel: 206-343-4345

Partner

Puget Sound Restoration Fund
590 Madison Avenue North
Bainbridge Island, WA  98110
Tel: 206-780-6947
Email: betsy@restorationfund.org

Authorizing Agency

Washington Dept. of Natural Resources, Aquatic Resources Program
Conservation Leasing Program
P.O. Box 47001
Olympia, WA 98504-7001
Tel: 360-902-1004
Fax: 360-902-1775  
Email: ARD@dnr.wa.gov

Documents

Publications

  • Crevar, A., 2005. Getting to the bottom of marine conservation. Nature Conservancy, Spring 2005: pgs 20-29. (Web version)
  • Dodge, J. 2006. Shells lure oysters home in Woodard Bay. The Olympian, June 2006. (download pdf, 96k)
  • Goss, H. 2005. Protecting the bottom line: Leasing Washington’s submerged lands for conservation. Coastal Services 8(6): 4-6, 9. NOAA/CSC/20506-PUB. (download pdf, 1,660k)
  • Lyons, B. 2006. Advancing Oyster Restoration in Puget Sound. TNC Shellfish Restoration Clamor, October 2006. (download pdf, 222k)
  • Udelhoven, J., J. White, & B. Lyons. 2005. Conservation Leasing in Washington State—Partnerships for Improving and Protecting State-owned Aquatic Lands. Proceedings of the 2005 Puget Sound Georgia Basin Research Conference. (download pdf, 140k)
Step 1: Getting Started
1.1 Lease and Own 101
1.2 Myths
1.3 Important Terms
Step 2: Decision Checklist
2.1 Conservation Priorities
2.2 Threats and Strategies
2.3 Organization Capacity
2.4 Ownership and Use
2.5 Laws and Policies
2.6 Owners and Agencies
2.7 Partners and Funders
Step 3: Acquisition Checklist
3.1 Project Initiation
3.2 Title Report
3.3 Owner Contact
3.4 Proposal Completion
3.5 Terms and Conditions
3.6 Funding
3.7 Documentation
3.8 Due Diligence
3.9 Regulatory Permits
3.10 Final Actions
3.11 Site Plan
Step 4: Implementation
4.1 Science
4.2 Habitat
4.3 Maintenance
4.4 Public Use
4.5 Enforcement
4.6 Outreach
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