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ECHO BAY v. DEPT. OF NATURAL RESOURCES

No. 34883-7-II.

160 P.3d 1083 (2007)

ECHO BAY COMMUNITY ASSOCIATION, Appellant, v. STATE of Washington, DEPARTMENT OF NATURAL RESOURCES; Richard Kaupilla; Andy Blair; Ricky Blair; and F/V Puget LLC, Respondents.

Court of Appeals of Washington, Division 2.

June 19, 2007.

Attorney(s) appearing for the Case

David Scott Mann, Gendler & Mann LLP, Seattle, WA, for Appellant.

Terence Pruit, Attorney General's Office, Olympia, WA, Thomas Henry Oldfield, Oldfield & Helsdon PLLC, University Place, WA, for Respondents.

BRIDGEWATER, P.J.

¶ 1 Echo Bay Community Association appeals from a superior court judgment that the Department of Natural Resources (DNR) may lease bedlands to someone who is not the owner of abutting shorelands or tidelands, i.e., a commercial herring operation. We hold that DNR may lease to a non-abutting person for aquacultural purposes and that herring net pens constitute aquaculture "processing," even though the herring are only held without feeding in...

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