Even before Washington was a state, legislation in the region reflected the importance of the oyster. A 1911 state senate committee report reviewing oyster legislation stated, "Washington, as a state or territory, has always shown a more or less keen interest in the oyster native to her waters. At the very first session of the territorial legislature an act was passed prohibiting one not an inhabitant and resident of the territory from taking oysters from the natural beds" (1911 Senate Journal). This was the first of many oyster-related legislative actions in the state's nascent years. Two of the more consequential oyster-related actions were the Bush Act and the Callow Act, passed within days of each other in 1895. Each act took the name of the author proposing it: A. S. Bush from Pacific County, and William Callow from Mason County. It is little surprise these counties boasted then, as they still do today, prime oyster beds. Pacific County is home to Willapa Bay, and Mason County encompasses parts of south Puget Sound and Hood Canal.
Early Tideland Legislation
After that first territorial legislature limited the harvest of oysters to locals alone, an act in 1861 allowed citizens of the territory to stake claim to up to 10 acres of tideland for the purpose of growing oysters. When the first legislature convened after Washington became the 42nd state in the union, an act was passed in 1890 allowing for the sale of tidelands. This marked a pivotal change in how the state's tidelands and associated resources would be managed. Still today, Washington is one of the few states that allow for private ownership of tidelands.
Based on this 1890 act, those owning land abutted by shoreline would have 60 days following final appraisal of the tidelands to purchase some or all of the tideland in front of their land. Among clauses providing further detail on stipulations for purchase was one giving special consideration to growing oysters, providing exclusive rights for purchase to those who had been using the tideland for such purpose. This brief mention of oysters so specifically may have stood out in 1890, but would be eclipsed by legislation to come five years later.
Tideland Dedicated to Oysters
If the legislative session of 1895 is any indication, this was a dramatic time of evolution for the state's growing oyster industry. No fewer than seven acts were adopted relating to oysters, from establishing seasonal limits on harvest to prohibiting certain methods for gathering oysters. In many cases, there was an "emergency" clause attached, ensuring that the act's provisions would take effect immediately upon passage and approval by the governor. Time was of the essence for this quickly growing industry.
The 1890 act, along with other laws related to tidelands enacted in 1891, generally encouraged those tending oyster beds, but they left room for uncertainty. Such legislation "very much beclouded the right of title of the holder of oyster land and left him with little protection" (1911 Senate Journal). Legislation in 1895 took steps to help remedy some of this uncertainty.
Chapters 24 and 25 of the publication recapping 1895 legislative session activities are devoted to what came to be known as the Bush and Callow acts. Both acts provided for the sale of tidelands to be used for the sole purpose of raising oysters, and both acts cited the act passed on March 26, 1890 as a point of reference for defining the parameters for tideland sales.
Bush Act and Callow Act
The Bush Act allowed a person to purchase up to 100 acres of tideland, provided the buyer was willing to commit these tidelands to growing oysters, clearly stating a goal to "encourage and facilitate [the oyster] industry." The Callow Act, limiting acreage to no more than 40, was directed at those already cultivating oysters on tidelands they intended to purchase, with clear intent that the practice of growing oysters continue on that land.
One of the most important distinctions between the two acts was the question of reversion. Both acts made clear that tidelands purchased under these acts must be used for raising oysters, and only for raising oysters, with reversion to state ownership the result of noncompliance. The Bush Act stated that reversion would happen only in the case of tidelands no longer being used for the purpose of oyster cultivation. In the Callow Act, the state also reserved the right to repossess tidelands sold under this act, for any reason at any time.
The Bush Act and the Callow Act passed the house and senate in February 1895, and were approved on March 2 and March 4, respectively. In total, nearly 47,000 acres of tideland were eventually sold under the provision of these two acts. Most of them -- 98.8 percent – were associated with the Bush Act.
An Appreciative Industry
The mere fact of the state's leaders taking such decisive interest in fostering the oyster industry was noteworthy. Among other prime benefits these acts had for oyster farmers was collateral they could use to secure bank loans, allowing them to invest in improvements to their operations. (The Callow Act language was deemed by some growers as a hindrance to borrowing money. Later legislation worked to bridge such gaps in clear title to the land, ensuring future farmers greater confidence in ownership of tidelands on which their operations were based.)
For these and other reasons, there has long been great appreciation among oyster farmers for the impact these acts had on setting a foundation for their industry. E. N. Steele, a dedicated oysterman and industry leader, wrote in his 1957 book, "In the case of oyster legislation by our pioneer legislatures it is difficult now to see how it could have been improved. We owe a debt of gratitude for the wisdom, fairness and practical manner in which it was treated and covered by legislation meeting the needs of that day, and the years to come" (Rise and Decline).
Note: This article is part of Cultivating Washington, The History of Our State’s Food, Land, and People, which includes more agriculture-related content, vidoes, and curriculum.
