STATE LAND LAWS 137 



LEASE OYSTER LAXD. SECS. 171-172 



miles on either side thereof shall be subject to lease, for the 

 purpose of planting and cultivating thereon artificial oyster 

 beds, under the provisions of this chapter. (Laws '99, p. 272, 

 sec. 1 ; sec. 6808 Rem.-Bal. ; 373 sec. 79 Pierce.) 



NOTE: Section. 2 of this act granted to improvers of oyster lands a 

 limited preference right to lease, which expired Sept. 16, '99. 



Planter's rights pending lease: sec. 368, post. 



Discoverer's rights: sec. 369, post. 



Natural beds to be reserved: sec. 359, post. 



A lessee of state tide lands is entitled to the exclusive possession thereof, 

 and may maintain an action in his own name for trespass thereon : Sequim Bay 

 Canning Co. v. Bugge, 49 Wash. 129. 



This chapter is not affected by sec. 155 et seq., ante, relating to the lease 

 of tide lands in port districts : Opinion Att'y Gen'l, Sept. 30, '13. 



SEC. 171. SURVEY AND DESCRIPTION. 



Survey and description of all tracts applied for shall be in 

 duplicate, one of which shall be filed with and be recorded by the 

 county auditor of the county in which said lands are situated in 

 a book kept by him for such special purpose, and a duplicate 

 description in the office of the Commissioner of Public Lands. 

 (Laws '99, p. 275, sec. 9; sec. 6816 Rem.-Bal.; 373 sec. 95 

 Pierce.) 



See sec. 174, infra. 



SEC. 172. APPLICATION REFERENCE TO FISH COMMISSIONER. 



Applications for the lease of land for the cultivation of deep 

 sea oysters under the provisions of this chapter shall be made 

 to the Commissioner of Public Lands and shall be accompanied 

 by a map or plat of the lands so to be leased. The Commis- 

 sioner of Public Lands shall upon receipt of such application 

 direct the Fish Commissioner to immediately inspect the lands 

 applied for and report to the Commissioner of Public Lands his 

 findings as to the following facts : 



First. Whether the land or any portion thereof is a natural 

 oyster bed. 



Second. Whether it be necessary in order to secure adequate 

 protection to any natural oyster bed to retain to the public do- 

 main the land the application for the lease of which has been 

 made or any part thereof. 



