California Fish and Game Code CHAPTER 5 - Leasing of State Water Bottoms

• Section 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...
• Section 15401.
  Areas used by the public for digging clams shall not be leased. The department shall designate those areas.(Added by Stats. 1982, Ch. 1486, Sec. 25.)
• Section 15402.
  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...
• Section 15403.
  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) A...
• Section 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...
• Section 15405.
  (a) Except as specified in subdivision (b), no initial term of a state water bottom lease shall exceed 25 years.(b) The initial term of a state water...
• Section 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...
• Section 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...
• Section 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)...
• Section 15407.
  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...
• Section 15408.
  The commission shall promulgate regulations governing the termination of leases due to failure to pay rent or improper use of the leasehold.(Added by Stats. 1982,...
• Section 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...
• Section 15410.
  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...
• Section 15411.
  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...
• Section 15412.
  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...
• Section 15413.
  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...
• Section 15414.
  A water bottom lease may require periodic reports that the commission deems necessary for the proper administration of the state’s water bottoms.(Added by Stats. 1982,...
• Section 15415.
  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...

Last modified: October 22, 2018