§ 15406 Aquaculture Lease Renewal Rights

This law lets people who lease state water areas for fish farming renew their lease if they’re still farming, giving them first priority before the state opens the lease to new bidders.

Key Takeaways

•Lessee must be actively engaged in aquaculture to keep a prior right to renew.
•The lease can be renewed before it is advertised for bids.
•Renewal periods are limited—up to 25 years generally, but only up to 5 years for marine finfish.
•Only aquaculturists registered under Section 15101 may submit bids.

Example

A fish farmer whose lease ends next year is still raising fish in the water.

Because the farmer is still actively farming, they can request renewal during the required period. The state must consider their request first and can only let someone else bid if the farmer chooses not to renew or if the terms can't be agreed upon.

(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) 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) Except as specified in subdivision (d), a lease may be renewed for additional periods not to exceed 25 years each. (d) A lease for marine finfish aquaculture may be renewed for additional periods not to exceed five years each. (Amended by Stats. 2006, Ch. 36, Sec. 6. Effective January 1, 2007.)

This law lets people who lease state water areas for fish farming renew their lease if they’re still farming, giving them first priority before the state opens the lease to new bidders.

Key Takeaways

•Lessee must be actively engaged in aquaculture to keep a prior right to renew.
•The lease can be renewed before it is advertised for bids.
•Renewal periods are limited—up to 25 years generally, but only up to 5 years for marine finfish.
•Only aquaculturists registered under Section 15101 may submit bids.

Example

A fish farmer whose lease ends next year is still raising fish in the water.

Key Takeaways

Example

Key Terms

References

§ 15406 Aquaculture Lease Renewal Rights

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References