Section § 15400

Explanation

This law explains that the California commission can lease state water areas to people for aquaculture, like raising fish in the ocean, as long as it's not forbidden by other laws. Leases are only given if it's in the public interest and follow rules made with public input.

To do marine finfish aquaculture, you need a lease, and there are strict standards. The location must be suitable, and it must not harm fishing or marine habitats. Alternatives to fish meal and oil should be used to protect global ocean ecosystems. There must be proper management practices, regular monitoring, and reporting to ensure environmental compliance. The use of drugs and antibiotics should be minimized and reported. Farmed fish need to be identifiable, and facilities must be secure to prevent fish escapes and environmental damage.

If a restoration plan is approved, some rules might not apply to projects focusing on fish recovery and enhancement. This law doesn't change other state laws about marine aquaculture in California.

(a)CA Fish and Game Code § 15400(a) Except as prohibited by Section 15007, the commission may lease state water bottoms or the water column to any person for aquaculture, including, but not limited to, marine finfish aquaculture. Upon appropriation of funds for that purpose, or if funds are otherwise available, the commission shall adopt regulations governing the terms of the leases, after consulting with affected stakeholders in a public process. No state leases shall be issued, unless the commission determines that the lease is in the public interest in a public hearing conducted in a fair and transparent manner, with notice and comment, in accordance with commission procedures. Leases issued, and regulations adopted, pursuant to this section shall not be construed to be fishery management plans.
(b)CA Fish and Game Code § 15400(b) A person shall not engage in marine finfish aquaculture in ocean waters within the jurisdiction of the state without a lease from the commission. Leases and regulations adopted by the commission for marine finfish aquaculture shall meet, but are not limited to, all of the following standards:
(1)CA Fish and Game Code § 15400(b)(1) The lease site is considered appropriate for marine finfish aquaculture in the programmatic environmental impact report if prepared and approved by the commission pursuant to Section 15008.
(2)CA Fish and Game Code § 15400(b)(2) A lease shall not unreasonably interfere with fishing or other uses or public trust values, unreasonably disrupt wildlife and marine habitats, or unreasonably harm the ability of the marine environment to support ecologically significant flora and fauna. A lease shall not have significant adverse cumulative impacts.
(3)CA Fish and Game Code § 15400(b)(3) To reduce adverse effects on global ocean ecosystems, the use of fish meal and fish oil shall be minimized. Where feasible, alternatives to fish meal and fish oil, or fish meal and fish oil made from seafood harvesting byproducts, shall be utilized, taking into account factors that include, but need not be limited to, the nutritional needs of the fish being raised and the availability of alternative ingredients.
(4)CA Fish and Game Code § 15400(b)(4) Lessees shall establish best management practices, approved by the commission, for each lease site. Approved best management practices shall include a regular monitoring, reporting, and site inspection program that requires at least annual monitoring of lease sites to ensure that the operations are in compliance with best management practices related to fish disease, escapement, and environmental stewardship, and that operations are meeting the requirements of this section. The commission may remove fish stocks, close facilities, or terminate the lease if it finds that the lessee is not in compliance with best management practices, that the lessee’s activities have damaged or are damaging the marine environment, or that the lessee is not in compliance with this section. The commission shall take immediate remedial action to avoid or eliminate significant damage, or the threat of significant damage, to the marine environment.
(5)CA Fish and Game Code § 15400(b)(5) Before issuance of the lease, the lessee shall provide baseline benthic habitat and community assessments of the proposed lease site to the applicable regional water quality control board or the State Water Resources Control Board, and shall monitor the benthic habitat and community during the operation of the lease in a manner determined by the regional board or the State Water Resources Control Board. The regional board and the State Water Resources Control Board may establish and impose reasonable permit fees to pay for the costs of administering and conducting the assessment and monitoring program.
(6)CA Fish and Game Code § 15400(b)(6) Finfish numbers and density shall be limited to what can be safely raised while protecting the marine environment, as specified by the terms of the lease, subject to review and amendment by the commission.
(7)CA Fish and Game Code § 15400(b)(7) The use of all drugs, chemicals, and antibiotics, and amounts used and applied, shall be minimized. All drugs, therapeutic substances, and antibiotics shall be used and applied only as approved by the United States Food and Drug Administration for marine finfish aquaculture. The lessee shall report that use and application to the commission on a regular schedule, as determined by the commission, but no less than annually, that shall be included in the terms of the lease. The commission shall review those reports on a regular basis and at least annually.
(8)CA Fish and Game Code § 15400(b)(8) The commission shall require all farmed fish to be marked, tagged, or otherwise identified as belonging to the lessee in a manner determined appropriate by the commission, unless the commission determines that identifying farmed fish is unnecessary for protecting wild fish stocks, the marine environment, or other ocean uses.
(9)CA Fish and Game Code § 15400(b)(9) All facilities and operations shall be designed to prevent the escape of farmed fish into the marine environment and to withstand severe weather conditions and marine accidents. The lessee shall maintain records on all escapes in a manner determined by the commission. In the event of more than de minimis escapement, the number of escaped fish and the circumstances surrounding the incident shall be reported immediately to the commission, and the lessee shall be responsible for damages to the marine environment caused by those escaped fish, as determined by the commission.
(10)CA Fish and Game Code § 15400(b)(10) The lessee shall, at a minimum, meet all applicable requirements imposed by the State Water Resources Control Board and the regional water quality control boards, and shall prevent discharges to the maximum extent possible. Monitoring and testing of water quality shall be required on a regular basis as deemed appropriate by the State Water Resources Control Board or the regional water quality control boards. All inspection and monitoring reports and other records, and all data on the discharge of chemical and biological pollutants shall be kept on file and available for public review.
(c)CA Fish and Game Code § 15400(c) If a restoration or enhancement plan is submitted to, and approved by, the commission, and that plan, among other things, provides for monitoring and protecting the benthic habitat, the prevention of pollution, and the prevention of adverse impacts on wild fish stocks from disease, parasites, and genetic alterations, subdivision (b) shall not apply to any of the following:
(1)CA Fish and Game Code § 15400(c)(1) Artificial propagation, rearing, and stocking projects for the purpose of recovery, restoration, or enhancement of native fish stocks carried out under either of the following:
(A)CA Fish and Game Code § 15400(c)(1)(A) A scientific collecting or research permit issued by the department.
(B)CA Fish and Game Code § 15400(c)(1)(B) The California Ocean Resources Enhancement and Hatchery Program, as set forth in Article 8 (commencing with Section 6590) of Chapter 5 of Part 1 of Division 6, for the enhancement of white sea bass.
(2)CA Fish and Game Code § 15400(c)(2) Nonprofit hatcheries and nonprofit artificial propagation projects operated by, or on behalf of, licensed commercial or sport fishermen and fisherwomen for the purpose of recovery, restoration, or enhancement of California’s native marine fish populations, pursuant to Chapter 8 (commencing with Section 6900) of Part 1 of Division 6.
(d)CA Fish and Game Code § 15400(d) Nothing in this section shall be construed to limit or expand the application of any other state law or regulation pertaining to marine finfish aquaculture conducted within the ocean waters under the jurisdiction of this state.

Section § 15401

Explanation

This law states that areas where people commonly dig for clams cannot be leased out. The Department in charge will determine which areas are included.

Areas used by the public for digging clams shall not be leased. The department shall designate those areas.

Section § 15402

Explanation

If you lease state-owned water bottoms in California, you own all the organisms you legally cultivate there, as specified in your lease application. You also have the exclusive right to grow and harvest these aquatic organisms in the leased area.

A lessee of a state water bottom owns all lawfully cultivated organisms that are described in the application for the lease and produced in the area leased. The lessee has the exclusive right to cultivate and harvest the aquatic organisms in the area leased.

Section § 15403

Explanation

If you want to lease a part of the state's underwater land, you need to submit a written application to the commission. Your application must include a map of the proposed area, details about what organisms you'll grow and how, an estimated size of the land to lease, and a $500 nonrefundable fee.

As a lessee, you're responsible if there's any overlap or issues with privately owned or municipally controlled water lands.

Persons wishing to lease a state water bottom shall make a written application to the commission. An application shall contain all of the following information:
(a)CA Fish and Game Code § 15403(a) A map showing the area to be leased, its general vicinity, and all ownership and boundary lines in the vicinity.
(b)CA Fish and Game Code § 15403(b) A description of the organisms to be grown and the culture techniques to be used.
(c)CA Fish and Game Code § 15403(c) An estimate of the acreage to be leased.
(d)CA Fish and Game Code § 15403(d) A nonrefundable filing fee of five hundred dollars ($500).
The lessee shall assume responsibility for any infringement on privately owned water bottoms, or water bottoms owned by, or under the jurisdiction of any city, county, or district.

Section § 15404

Explanation

This law section explains that when the commission decides an area can be leased and it's in the public's best interest, they will notify the public that the land is up for lease. They must publish this notice in a newspaper that is widely read in each county where the land is located. The publication must follow certain procedures laid out in other laws.

(a)CA Fish and Game Code § 15404(a) If the commission finds that the area applied for is available for lease and that the lease would be in the public interest, it shall publish a notice that the area is being considered for leasing.
(b)CA Fish and Game Code § 15404(b) The commission shall have legal notices published in a newspaper of general circulation in each county where the water bottom, or any part thereof, is located, describing the area to be leased and the type of operation to be conducted. The publication shall comply with Sections 6060 and 6066 of the Government Code.

Section § 15405

Explanation

This law specifies how long leases can be for state water bottoms, which are areas at the bottom of water bodies owned by the state. Generally, these leases cannot last more than 25 years. However, if the lease is for marine finfish aquaculture (which is farming fish in the ocean), the lease can't be longer than 10 years.

(a)CA Fish and Game Code § 15405(a) Except as specified in subdivision (b), no initial term of a state water bottom lease shall exceed 25 years.
(b)CA Fish and Game Code § 15405(b) The initial term of a state water bottom lease for marine finfish aquaculture shall not exceed 10 years.

Section § 15406

Explanation

This law explains the process for renewing leases on state water bottoms used for aquaculture. Lessees have a chance to renew their lease if they are still actively farming when it's time to renew. If terms can't be agreed upon with the commission, the lease will be open for bidding, but only to registered aquaculturists. For leases active as of January 1, 1983, lessees have the first right to renew. Leases can be renewed for up to 25 years, except marine finfish aquaculture leases, which can be renewed for up to 5 years each time.

(a)CA Fish and Game Code § 15406(a) Each state water bottom lease shall specify a period prior to expiration when renewal of the lease may be requested by the lessee. If during this period the lessee is still actively engaged in aquaculture, as determined by the commission, the lessee shall have a prior right to renew the lease on terms agreed upon between the commission and the lessee. If terms are not agreed upon, the commission shall advertise for bids on the lease. If a request for renewal is not made by the lessee, the commission shall advertise for bids on the lease. The commission shall consider bids only from aquaculturists registered pursuant to Section 15101.
(b)CA Fish and Game Code § 15406(b) Notwithstanding subdivision (a), with respect to any lease of state water bottoms in effect on January 1, 1983, the lessee shall have a prior right to renew the lease. If the lessee does not renew the lease, the commission shall advertise for bids on the lease. The commission shall consider bids only from aquaculturists registered pursuant to Section 15101.
(c)CA Fish and Game Code § 15406(c) Except as specified in subdivision (d), a lease may be renewed for additional periods not to exceed 25 years each.
(d)CA Fish and Game Code § 15406(d) A lease for marine finfish aquaculture may be renewed for additional periods not to exceed five years each.

Section § 15406.5

Explanation

This law outlines how the commission awards leases for cultivating aquatic species on state water bottoms. Generally, the lease will go to the highest responsible bidder whose offer meets the minimum rent set by the commission. The minimum rent is at least $2 per acre, or $10 for areas of 10 acres or less. For an oyster cultivation lease active as of January 1, 1983, the rent remains $1 per acre until it expires. The commission has the power to reject bids if it believes it's in the public interest.

For marine finfish leases, fees must at least cover the costs associated with managing the leasing program and ensuring lease terms are followed.

(a)CA Fish and Game Code § 15406.5(a) Except as specified in subdivision (b), the commission shall award water bottom leases to the highest responsible bidder, if the bid meets or exceeds the minimum annual rent established by the commission, which shall not be less than two dollars ($2) per acre, for all species cultivated, unless the acreage applied for is 10 acres or less, in which case the minimum acceptable rent shall be ten dollars ($10) per acre. The annual rent for any lease in effect on January 1, 1983, for the cultivation of oysters shall be one dollar ($1) per acre until the expiration thereof. The commission may reject any or all bids for the lease of state water bottoms if it deems the rejection to be in the public interest.
(b)CA Fish and Game Code § 15406.5(b) Fees for marine finfish aquaculture leases shall, at a minimum, be sufficient to pay for the costs of administering the marine finfish leasing program, and for monitoring and enforcing the terms of the leases.

Section § 15406.7

Explanation

This law specifies a privilege tax for people who operate under an oyster lease. They must pay four cents per packed gallon of shucked oysters they harvest. If selling oysters still in their shells, the tax is calculated based on the equivalent amount of shucked oyster meat, with 100 oysters equaling one gallon. This tax is the only privilege tax that oyster lease operators need to pay for cultivating oysters in state waters.

(a)CA Fish and Game Code § 15406.7(a) In addition to the rent provided in Section 15406.5, every person operating under an oyster lease shall pay a privilege tax of four cents ($0.04) per packed gallon, or fraction thereof, of shucked oysters harvested by the lessee.
(b)CA Fish and Game Code § 15406.7(b) If the oysters are marketed in the shell, the tax shall be based on the equivalent yield of shucked oyster meat. In determining the yield of oysters, it shall be deemed that 100 oysters are equivalent to one packed gallon of shucked oyster meat.
(c)CA Fish and Game Code § 15406.7(c) The tax imposed by this section is the exclusive privilege tax that shall be imposed on lessees of state water bottoms for oyster cultivation, notwithstanding subdivision (a) of Section 15003.

Section § 15407

Explanation

When you start a lease, you have to pay the yearly rent within 30 days. You also need to pay within 30 days of the lease's anniversary each year. If you're late, you might have to pay extra fees. The lease can be canceled if you don't pay within 90 days of either starting the lease or any anniversary after that.

The annual rent shall be paid to the department within 30 days of the commencement of the lease and within 30 days of the anniversary thereof. The commission may establish penalty fees for late payment and may cancel the lease if rent is not paid within 90 days of the commencement of the lease or within 90 days of any anniversary thereof.

Section § 15408

Explanation

This law requires the commission to create rules about ending leases if tenants don't pay rent or misuse the property.

The commission shall promulgate regulations governing the termination of leases due to failure to pay rent or improper use of the leasehold.

Section § 15409

Explanation

This law explains that if a lease ends for any reason, the lessee must remove all structures and return the area to its original condition at their own expense. If they don't, the state can do it and charge the lessee for the costs. The state commission will also require financial security from marine finfish aquaculture lessees to make sure the site is properly restored. This might include bonds, letters of credit, or trust funds. Lessees are responsible for any damage their operations cause, including costs for damage assessment. Additionally, the state can seek other legal remedies if needed.

(a)CA Fish and Game Code § 15409(a) Upon termination of a lease, for any reason, all structures shall be removed at the lessee’s expense from the leasehold, and the area shall be restored to its original condition. If the lessee fails to remove the structures, the state may remove them and the lessee shall pay the removal costs incurred.
(b)CA Fish and Game Code § 15409(b) The commission shall require financial assurances of each marine finfish aquaculture lessee to ensure that restoration is performed to the satisfaction of the commission. Financial assurances may take the form of surety bonds executed by an admitted surety insurer, irrevocable letters of credit, trust funds, or other forms of financial assurances specified by the commission, as it determines are available and adequate to ensure the lease site is restored pursuant to this section.
(c)CA Fish and Game Code § 15409(c) Marine finfish aquaculture lessees shall be responsible for any damages caused by their operations, as determined by the commission, including, but not limited to, reimbursement for any costs for natural resource damage assessment.
(d)CA Fish and Game Code § 15409(d) Nothing in this section limits the state in pursuing additional remedies authorized by law.

Section § 15410

Explanation

This law states that the California Legislature can change the financial terms of a lease, including rent and other charges. However, any rent increase will only apply when the lease is renewed, not during its current term.

All leases shall be subject to the power of the Legislature to increase or decrease the rents, fees, taxes, and other charges relating to the lease, but no increase in rent shall be applicable to an existing lease until it is renewed.

Section § 15411

Explanation

If you lease state water bottoms, you can't block people from accessing the waters for activities like fishing or boating. You can limit access only if it's necessary to protect the leased area and the aquatic life there.

Also, the commission can ban certain recreational activities in aquaculture areas if they hurt the resource.

Lessees under a state water bottom lease may not unreasonably impede public access to state waters for purpose of fishing, navigation, commerce, or recreation. The lessee may, however, limit public access to the extent necessary to avoid damage to the leasehold and the aquatic life culture therein.
The commission may prohibit any recreational activity in any aquaculture area subject to a state water bottom lease if it determines that the activity is detrimental to the enhancement of the resource.

Section § 15412

Explanation

This law states that if someone wants to transfer or assign their water bottom lease to another person, they must first get permission from the commission. The application to transfer the lease has to meet the same standards as applying for a new lease from the start.

No water bottom lease may be assigned without the prior approval of the commission. Application for approval of a lease assignment shall comply with all of the requirements for an original lease.

Section § 15413

Explanation

This law says that no one is allowed to go onto a leased area of water where aquatic life is being farmed without the lessee's permission. It also prohibits taking or destroying the aquatic life or any boundary markers for the leased area.

No person may enter upon any area subject to a water bottom lease in which aquatic life is cultivated, or remove the aquatic life therefrom without the consent of the lessee, or willfully destroy the cultivated aquatic life or any markers intended to designate the boundaries and limits of the leased area.

Section § 15414

Explanation

This law allows for leases involving water-bottom land to include a requirement for regular reports. These reports are needed to help the commission manage the state's water resources properly.

A water bottom lease may require periodic reports that the commission deems necessary for the proper administration of the state’s water bottoms.

Section § 15415

Explanation

This law requires that whenever there's an application for water bottom leases, the department must notify the State Lands Commission. Additionally, the department is obligated to update the State Lands Commission on any executed, renewed, or assigned leases related to this, ensuring they have all necessary information.

The department shall notify the State Lands Commission of all applications for water bottom leases.
The department shall inform the State Lands Commission of all leases executed, renewed, or assigned pursuant to this chapter, and shall furnish the State Lands Commission with such information concerning these leases that it may require.