Chapter 5Leasing of State Water Bottoms
Section § 15400
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.
Section § 15401
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.
Section § 15402
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.
Section § 15403
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.
Section § 15404
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.
Section § 15405
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.
Section § 15406
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.
Section § 15406.5
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.
Section § 15406.7
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.
Section § 15407
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.
Section § 15408
This law requires the commission to create rules about ending leases if tenants don't pay rent or misuse the property.
Section § 15409
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.
Section § 15410
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.
Section § 15411
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.
Section § 15412
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.
Section § 15413
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.
Section § 15414
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.
Section § 15415
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.