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FGC Sec 6400-6751 Generally KELP AND OTHER AQUATIC PLANTS (Fish)
FISH AND GAME CODE
6650. Every person engaged in harvesting kelp or other aquatic
plants for profit in the waters of this State shall have a license
for that purpose.
6651. (a) A license granting the privilege to harvest kelp or other
aquatic plants shall be issued upon application and the payment of a
fee of one hundred dollars ($100) to the department. The license
shall be valid from January 1 to December 31, inclusive, or, if
issued after the beginning of that term, for the remainder thereof.
(b) This chapter does not apply to aquatic plants grown on private
land or on state water bottoms leased pursuant to Division 12
(commencing with Section 15000).
6652. Every person engaged in harvesting kelp shall determine the
weight by any method, including the displacement method, approved by
the department of all wet kelp immediately after it is delivered to
the licensee's place of business or elsewhere, and the weight shall
be entered in a book to be kept by the licensee. The book shall be
open at all times to the inspection of the department.
Every person engaged in harvesting kelp shall, on or before 10
days after each month of the term of the license, render a statement
of the weight of all wet kelp harvested during the preceding month.
6653. The commission may make such regulations as may be necessary
to insure the proper harvesting of kelp and other aquatic plants.
6653.5. (a) The department may issue permits for the drying of
agar-bearing marine plants subject to the regulations the commission
may prescribe to provide for proper utilization of that resource.
(b) No person shall dry agar-bearing marine plants for profit
unless the person has a permit issued under this section.
6654. If, at any time, the commission finds that the harvesting of
kelp will tend to destroy or impair any kelp bed or beds, or parts
thereof, or tend to impair or destroy the supply of any food for
fish, the department shall serve on every person licensed to harvest
kelp a written notice that the kelp bed or beds, or parts thereof,
shall be closed to the harvesting of kelp for a period not to exceed
6655. Within 10 days after the service of such a notice, the person
upon whom notice is served may demand a hearing upon the necessity
for the closing of the kelp bed or beds, or parts thereof. Upon such
demand for a hearing, the commission shall fix a time and place for
the taking of evidence upon the necessity for the closing, which time
shall be not less than 10 days nor more than 30 days from the date
of such demand. The department shall serve written notice of the
time and place of the hearing upon the person demanding the hearing,
at least 10 days before the day set for the hearing. If no demand is
made for a hearing within the time prescribed the kelp bed or beds,
or parts thereof, shall remain closed to the harvesting of kelp for
the time mentioned in the order.
6656. The commission may revoke and prohibit reissuance for a
period of not more than one year, the license of:
(a) Any person who harvests any kelp from a bed which is closed,
between the time of service of notice upon him or her of the closing
of the bed and the decision of the commission upon a hearing as to
the necessity for the closing.
(b) Any person who violates any law or regulation of the
commission relating to kelp.
The proceedings shall be conducted at one of the commission's
regularly scheduled meetings.
6657. The commission may, subject to such regulations as it may
deem proper, grant permits to any department of the United States
Government or to any scientific or any educational institution, to
harvest kelp at any time for scientific or experimental purposes
without the payment of the kelp license or privilege tax imposed by
6680. In addition to the license fee provided for in this chapter,
every person harvesting kelp or other aquatic plants shall pay a
royalty, as the commission may prescribe, of not less than five cents
($0.05) per ton of wet kelp or wet aquatic plants harvested.
Any revenues derived from such royalties shall not be available
for expenditures until appropriated.
6700. The commission may lease to any person the exclusive
privilege to harvest kelp in any designated kelp bed, or part
thereof, if the commission determines that the lease is in the public
interest. The commission shall describe the kelp beds of the state
and adopt regulations for the leasing of the beds.
6701. Persons wishing to lease the exclusive privilege to harvest
kelp shall submit a written application to the commission. An
application shall include all of the following, and any other
information the commission may prescribe:
(a) The number of the kelp bed or beds to be leased.
(b) The designated number of square miles in each bed.
6701.5. A deposit of not less than forty dollars ($40) for each
square mile, or fraction thereof, of the total area of the kelp bed
or beds which are designated in the application shall be submitted
with the application. The deposit shall be refunded to the person
making the application unless a lease is executed.
6702. (a) If the commission finds that the kelp beds included in
the application are available for lease and that the lease would be
in the public interest, the commission shall publish a notice that
the area is being considered for leasing.
(b) The commission shall have legal notices published in a
newspaper of general circulation in each county where the kelp bed,
or any part thereof, is located, describing the area to be leased and
the type of operation to be conducted. Except as provided in this
subdivision, the publication shall be made pursuant to Section 6066
of the Government Code.
(c) If the commission receives more than one application for the
lease of a kelp bed or beds, it shall advertise for bids on the area
being considered for leasing. The commission shall award the lease
of that area to the highest qualified bidder.
6703. The initial term of a lease for the exclusive privilege of
harvesting kelp shall not exceed 20 years. No lessee shall have an
exclusive lease, excluding subleases, to an area in excess of 25
square miles or 50 percent of the total area of the kelp resource as
shown on the maps of the resource prepared by the commission,
whichever is greater.
6704. (a) Each kelp bed lease entered into or renewed, on and after
January 1, 1985, shall specify a period prior to expiration when
renewal of the lease may be requested by the lessee. If the
commission determines that the lessee has complied with the terms of
the lease, the lessee shall have a prior right to renew the lease on
terms agreed upon between the commission and the lessee.
(b) If terms for a renewal of the lease are not agreed upon, or
the commission determines that the lessee has not complied with the
terms of the lease, the commission shall advertise for bids on the
individual kelp beds comprising the lease.
(c) If a request for renewal is not made during the specified
period by the lessee, the commission shall advertise for bids on the
individual kelp beds comprising the lease.
(d) The duration of the term of any renewal of a lease shall not
exceed 20 years.
6705. Notwithstanding Section 6704, with respect to any kelp lease
in effect on January 1, 1983, the lessee shall have a prior right to
renew the lease on terms agreed upon between the commission and the
lessee. If the lessee does not renew the lease, or if terms are not
agreed upon, the commission shall advertise for bids on the
individual kelp beds comprising the lease. The term of any renewal
of a lease shall not exceed 20 years. Any lease in effect on January
1, 1985, may be performed pursuant to its terms, notwithstanding
this article, but any renewal of that lease is subject to this
6706. Notwithstanding Sections 6703 and 6704, at any time during
the term of a lease, the commission and the lessee may negotiate and
enter into a new lease on terms agreed upon between the two parties,
if the commission determines that such a new lease would be in the
best interest of the state. The initial term of the new lease shall
not exceed 20 years.
6707. Each lease entered into, or renewed, on or after January 1,
1985, shall require, in addition to the license fee required by this
chapter, a payment by the lessee or any sublessee of not less than
the minimum royalty established under Article 2 (commencing with
Section 6680), for all kelp harvested from the lease area, and shall
provide for an annual advance payment of not less than forty dollars
($40) per square mile per year for the kelp bed leased, to be
credited against the amount payable by the lessee, or sublessee, as
the case may be, for each ton of kelp harvested during the ensuing
year. The lease shall, in addition, include provisions for
forfeiture of the lease if the annual payment is not made in advance.
6708. A lease may not be assigned, in whole or in part, by the
lessee, either voluntarily or by operation of law, and no subleases
or other rights may be granted thereunder by the lessee without the
prior approval of the commission, subject to the conditions that the
commission prescribes. The lease shall be forfeited in the event of
a violation of this section. Each lease shall contain a statement of
the contents of this section.
6709. A lease, or any renewal thereof, shall be submitted to, and
approved by, the Department of General Services.
6710. When an exclusive privilege to harvest kelp has been granted
by lease by the commission, the commission shall furnish a true copy
thereof to the department. The department shall file a notice for
record in the recorder's office of the county in which the kelp bed
or beds, or part thereof, are located, setting forth the name of the
person having the privilege, the description of the kelp bed or beds,
or part thereof, and the time for which the privilege has been
granted. The notice required to be filed for record under this
section may be a copy of the executed lease.
6711. The department shall inform the State Lands Commission of all
kelp bed leases executed pursuant to this chapter, and shall furnish
the State Lands Commission with the information concerning these
leases that it may require.
6750. The commission may regulate the taking, collecting,
harvesting, gathering, or possession of kelp for purposes other than
6751. The provisions of Article 1 (commencing with Section 6650),
Article 2 (commencing with Section 6680), and Article 3 (commencing
with Section 6700) of this chapter do not apply to the taking,
collecting, harvesting, gathering, or possession of kelp under this