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Begin original metadata: ******************************************************************************************************************************** CALIFORNIA DEPARTMENT OF FISH AND GAME GIS METADATA ADMINISTRATIVE KELP BED BOUNDARIES SHAPEFILE NAME: kelpadmbed.shp METADATA FILE: kelpadmbeds.txt METADATA DATE: March 16, 2000 The Administrative Kelp Beds are defined in the following sections of the Fish and Game Code and California Code of Regulations. Fish and Game Code, Chapter 6 General Provisions Sections 6650-6657 Royalty Payment Section 6680 Exclusive Leases Sections 6700-6711 Kelp Bed Status Fish and Game Commission Regulations, Title 14 General License Provisions Section 165 Kelp Bed Leases Section 165.5 SHAPEFILE DESCRIPTION Kelp beds along the coast of California are a critical habitat for many important sport and commercial species of invertebrates and fishes. The 87 kelp beds extend from the U.S.A.-Mexico International Boundary to the California-Oregon Boundary. They also surround the following islands, Anacapa, San Clemente, San Miguel, San Nicolas, Santa Barbara, Santa Catalina, Santa Cruz and Santa Rosa. The boundaries of the Administrative Kelp Beds were prepared by DFG. The divisions between the Administrative Kelp Beds are defined by bearings projected westerly from features along the California coastline (example: From a line drawn 156° from Malibu Pt. to a line drawn 185° from Pt. Dume. 0.21 square miles). The features were located by using the California geographic names database or from features located on the U.S.G.S. quad maps. The bearings were projected westerly to a buffered 3 mile line (statue miles). The buffer is from a 100k coastline prepared by the Teale Data Center. ARC/INFO was used to create polygons of the areas encompassing the California shoreline, buffered 3 mile line and the projected bearings from the legal description. Intended uses of these maps include kelp bed lease identification and management. See also GIS datasets on the California Coastal Kelp Resources statewide survey from 1989 (Revision 1): scanned kelp maps, index shapefile (kelp1989.shp), and metadata (kelp1989.txt). VITAL STATISTICS Datum: NAD 27 Projection: Albers (standard Teale parameters) Units: Meters 1st Std. Parallel: 34 00 00 N 2nd Std. Parallel: 40 30 00 N Longitude of Origin: -120 00 00 W Latitude of Origin: 00 00 00 False Easting: 0.0 False Northing: -4,000,000 Software: ARC/VIEW Data Structure: Shapefile ARC/INFO Precision: Single ARC/INFO Tolerances: N/A Number of Features: 89 Layer Size: 312KB Last Updated: DATA DICTIONARY Attributes of table KELPADMBED.DBF (Associated with KELPADMBED.SHP) Number of Records: 89 COL ITEM NAME WIDTH TYPE N.DEC DESCRIPTION 1 SHAPE 8 S - polygon shape feature 9 AREA 12 N 3 area of the polygon (meters) 21 PERIMETER 12 N 3 perimeter of the polygon (meters) 33 KELPBED 11 N 0 number of polygon (record) 44 KELPBED_ID 11 N 0 unique identifying number 55 KELPBED 5 C - administrative bed number 60 STATUS 25 C - lease status 85 REMARKS 80 C - additional bed information DATA QUALITY ASSESSMENT The quality of the data is equal to the horizontal accuracy standard of the USGS quadrangles. This is defined as 40' (12.2 meters). The USGS Geographic Names accuracy of this digital data is based upon the use of source graphics, which are compiled to meet National Map Accuracy Standards. CALIFORNIA CODES FISH AND GAME CODE SECTION 6650-6657 6650. License for Harvesting Kelp and other Aquatic Plants 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. Harvesting License Fee; Term; Where not Applicable (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. Determining Weight of Kelp; Rendering a Statement 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. Regulations to Insure Proper Harvesting 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. Closure of Kelp Harvesting to Protect Beds or Supply of Fish Food 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 one year. 6655. Hearing to Contest Closure 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. Revocation or Prohibition of Reissuance of License 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. Special Permit 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 this chapter. CALIFORNIA CODES FISH AND GAME CODE SECTION 6680 6680. Royalty Payments 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. CALIFORNIA CODES FISH AND GAME CODE SECTION 6700-6711 6700. Exclusive Kelp Harvesting Leases 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. Application for Exclusive Priviledges 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. Public Notices (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. Term of Leases and Size of Areas 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. Kelp Bed Lease Renewal; Duration of Term (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. Prior Right to Renew Lease 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 article. 6706. New Lease Negotiations 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. Royalties; Advance Payments; Forfeiture 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. Assignments and Subleases 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. Lease Approval A lease, or any renewal thereof, shall be submitted to, and approved by, the Department of General Services. 6710. Lease Recordation 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. Furnishing of Lease Information 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. FISH AND GAME CODE CHAPTER 6. KELP AND OTHER AQUATIC PLANTS Article 1. General Provisions 6650. License for Harvesting Kelp and other Aquatic Plants 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. Harvesting License Fee; Term; Where not Applicable (a) A license granting the privilege to harvest kelp or other aquatic plants hall 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 bottom leased pursuant to Division 12 (commencing with Section 15000). 6652. Determining Weight of Kelp; Rendering a Statement 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 time 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 proceeding month. 6653. Regulations to Insure Proper Harvesting The commission may make such regulations as may be necessary to insure the proper harvesting of kelp and other aquatic plants. 6654. Closure of Kelp Harvesting to Protect Beds or Supply of Fish Food 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 an 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 one year. 6655. Hearing to Contest Closure 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 not be 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 demand 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. Revocation or Prohibition of Reissuance of License 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. Article 3. Exclusive Leases 6700. Exclusive Kelp Harvesting Leases 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 bed of the state and adopt regulations for the leasing of the beds. 6701. Application for Exclusive Privileges 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. 6702. Public Notices (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 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 received 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. Term of Leases and Size of Areas 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. Kelp Bed Lease Renewal; Duration of Term (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 bed 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. Prior Right to Renew Lease 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 article. 6706. New Lease Negotiations 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. Royalties; Advance Payments; Forfeiture 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 harvest from the lease area, and shall provide for an annual advance payment of not less than forty dollars ($40) per square miles 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. Assignments and Subleases 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. FISH AND GAME COMMISSION REGULATIONS TITLE 14 CALIFORNIA CODE OF REGULATIONS Division 1. Fish and Game Commission Department of Fish and Game Subdivision 1. Fish, Amphibians & Reptiles Chapter 6. Fish, Commercial 165. Harvesting of Kelp and Other Aquatic Plants. (a) General License Provisions. Pursuant to the provisions of section 6651 of the Fish and Game Code, no kelp or other aquatic plants may be harvested for commercial purposes except under a revocable license issued by the department. (1) Who Shall be Licensed. Each company or individual harvesting kelp and other aquatic plants for industrial, human consumption or aquacultural purposes shall apply each year for a license on forms provided by the department. Application forms and a list of laws and regulations governing the harvest of kelp and other aquatic plants are available on request from the department's Marine Resources Division, 1416 Ninth Street, Sacramento, CA 95814, and from the department's field offices in Eureka, Menlo Park, Monterey, Long Beach and San Diego. (2) Cost of License. See Section 6651 of the Fish and Game Code. (3) Where to Submit Applications. Application forms, together with the $100 license fee, shall be submitted to the department's Long Beach office, 330 Golden Shore, Suite 50, Long Beach, CA 90802. (4) License Limitations. All provisions of sections 6650-6680 of the Fish and Game Code, and sections 165 and 165.5 of the commission regulations shall become a condition of all licenses issued under this section to be fully performed by the holders thereof, their agents, servants, employees or those acting under their direction. (b) General Harvesting Provisions. (1) Weighing of Kelp. All kelp and other aquatic plants shall be weighed upon landing or delivery by any method, including the displacement method, approved by the department. Plants weighed by a public weighmaster licensed as an individual under the laws of this state shall be verified by a receipt issued to the harvester. (2) Harvesting Records. Every person harvesting kelp and other aquatic plants and licensed pursuant to section 6650 of the Fish and Game Code shall keep a book or books recording the following: (A) Category of plants harvested as defined in section 165(c), (d), and (e). (B) The number of pounds or tons landed. (C) Name and address of the person or firm to whom the plants are sold, unless utilized by the harvester. The books shall be open at all times for inspection by the department. (3) Landing Records. Records of landing shall be prepared by all harvesters licensed pursuant to section 6650 of the Fish and Game Code. Records of landing shall be made in duplicate on forms provided by the department. The landing records shall show: (A) The wet weight of all aquatic plants harvested. (B) Name of harvester. (C) Department of Fish and Game kelp harvester number. (D) Date of landing or delivery. (E) Department origin block or kelp bed number where the plants were harvested. (F) Such other statistical information the department may require. (G) The duplicate copy of the landing record shall be kept by the kelp harvester for a period of one year and shall be available for inspection at any time within that period by the department. The original copy shall be delivered to the department at the address indicated within 10 days after the close of each month, with the specified royalty required for all kelp and other aquatic plants harvested. Failure to submit the required landing record and royalty fees within the prescribed time limit are grounds for revocation of the harvester's license. (4) No eel grass (Zostera) or surf grass (Phyllospadix) may be cut or disturbed. (5) No seaweed may be harvested in marine life refuges or in specifically designated aquatic parks as per section 10500(f) of the Fish and Game Code. (6) It is unlawful to cause or permit any deterioration or waste of any kelp or other aquatic plans taken in the waters of this state or to take, receive or agree to receive more kelp or other aquatic plants than can be used without deterioration, waste or spoilage. (c) Harvesting of Macrocystic and Nereocystis (giant and bull kelp). (1) Such species taken must be harvested by cutting, except that drift or loose kelp may be picked up by the harvester. All kelp which is cut or removed from a bed must be taken from the water and removed to a plant for processing. (2) No Macrocystis (giant kelp) or Nereocystis (bull kelp) shall be harvested at a depth of more than four feet below the surface of the water at time of cutting. (3) No kelp received aboard a harvesting vessel shall be allowed to escape from the vessel or be deposited into the waters of this state. (4) In beds north of Point Arguello the take of Nereocystis (bull kelp) may be limited to insure that the resource is not harmed. (5) In beds north of Point Montera, Nereocystis (bull kelp) may only be taken by hand harvesting. No mechanical harvesters of any kind are allowed. (A) The following beds may not be harvested at any time: Bed No. Square Miles 303 1.33 304 0.89 305 1.11 306 1.03 307 0.93 Total 5.29 (B) The following beds may not be harvested except by a lessee authorized by the commission. Bed No. Square Miles 301 0.00 302 0.00 308 0.20 309 0.14 310 0.00 311 0.00 312 0.20 Total 0.54 (6) Every person harvesting such kelp on nonleased beds shall, in addition to the license fee, pay a royalty of $1.71 per ton (2,000 lbs.) of wet kelp harvested. (d) Harvesting of marine plants of the genera Gelidium, Pterocladia, Gracilaria, Iridaea, Gloiopeltis or Gigartina which are classified as agar-bearing plants. (1) General Provisions. (A) All agar-bearing plants must be harvested by cutting, except that drift or loose plants may be picked up by the harvester. Agar-bearing plants may be cut no closer than two inches to the holdfast and no holdfast may be removed or disturbed. All agar-bearing plants which are removed from a bed must be taken from the water for weighting and processing. (B) While harvesting agar-bearing plants, it is unlawful to harvest abalone or to have abalone harvesting equipment in possession. (C) License numbers of the harvesters will be displayed on both sides of the boat from which they are operating in 10-inch black numbers on a white background. (D) A harvester may use conventional underwater diving gear or SCUBA when harvesting agar-bearing plants. (2) Kelp Drying Permits. Pursuant to section 6653.5 of the Fish and Game Code, no company or individual shall reduce the moisture content or otherwise dry agar-bearing plants harvested from waters of the state except under the authority of a kelp drying permit issued by the department. Drying permits shall be issued under the following conditions: (A) Where Issued. Requests for kelp drying permits shall be submitted to the Department of Fish and Game at the address listed in section 165(a)(3). (B) Cost of Permit. See subsection 699(b) of these regulations for the fee for this permit. (C) Permit Review. The department shall return permit application forms to the applicant within three working days of receipt. (D) Duration of Permits. Except as otherwise provided, kelp drying permits shall be valid for a term of one year from date of issue. (E) Weighing of Kelp. All agar-bearing marine plants shall be weighted upon landing pursuant to the provisions of subsection (b)(1) of these regulations. (F) Plant Delivery. Every person taking delivery of agar-bearing marine plants for drying purposes from persons licensed pursuant to section 6650 of the Fish and Game Code or harvesters drying their own plants shall keep a book or books recording the following: 1. A full and correct record of all agar-bearing plants received from other licensed agar harvesters or taken by permittee. 2. Names of the different species. 3. The number of pounds received. 4. Name, address and kelp harvester number of the person from whom the agar-bearing plants were received. The book(s) shall be open at all times for inspection by the department. (G) Landing Receipts. Receipts shall be issued by all kelp drying permittees to harvesters licensed pursuant to subsection (b)(3) of these regulations and shall show: 1. Price paid. 2. Department origin block number where the agar-bearing plants were harvested. 3. Such other statistical information the department may require. (H) The original signed copy of receipt shall be delivered to the agar harvester at the time of purchase or receipt of the agar-bearing plants. The duplicate copy shall be kept by the kelp drying permittee for a period of one year and shall be available for inspection at any time within that period by the department, and the triplicate shall be delivered to the department at the address indicated within 10 days after the close of each month, with a royalty of $17.00 per wet ton (2,000 lbs.) for all agar-bearing seaweed received. Failure to submit the required landing receipts and royalty fees within the prescribed time limit is ground for revocation of the permittee's drying permit. (e) Harvesting of marine plants, including the genera Porphyra, Laminaria, Monostrema, and other aquatic plants utilized fresh or preserved as human food and classified as edible seaweed. (1) General Provisions. (A) Edible varieties of marine plants must be harvested by cutting or picking, except that drift or loose plants may be picked by the harvester. All harvested plants must be processed. (B) Edible seaweed may be harvested from state waters throughout the year, except as provided under section 164. (C) While harvesting edible seaweed, it is unlawful to harvest abalone or to have abalone harvesting equipment in possession. (D) A harvester may use conventional underwater diving gear or SCUBA while harvesting edible seaweed. (2) Harvest of Bull Kelp for Human Consumption. Notwithstanding subsection 165(c)(5)(A), persons operating under the authority of an edible seaweed harvesters license may take, not to exceed, 2 tons (4,000 lbs) of bull kelp per year. The entire plant may be harvested. (3) Weighing of Edible Marine Plants. All edible marine plants shall be weighed pursuant to the provisions of subsection (b)(1) of these regulations and landing receipts in duplicate issued as per subsection (b)(3). (4) The original copy of the receipt shall be delivered to the department at the address indicated within 10 days after the close of each month with a royalty of $24 per wet ton (2,000 lbs.) of edible marine plants harvested from state waters other than San Francisco Bay and Tomales Bay. (f) All Other Species of Kelp. (1) Applicants shall apply to the commission, outlining the species to be harvested, amount and location. The commission may set conditions and amount of royalty after review of the application. 165.5. Lease of Kelp Beds for Exclusive Harvest of Macrocystis and Nereocystis. (a) The commission may lease to any person the exclusive privilege to harvest kelp in any designated kelp bed or beds, or part thereof described in subsection (j). (b) Any person desiring to lease the exclusive privilege of harvesting kelp shall make a written application to the Fish and Game Commission, 1416 Ninth Street, Sacramento, CA 95814. The application for kelp bed lease shall include: (1) The number of the designated bed or beds as shown in subsection (j), a description of the kelp bed or portion of the kelp bed requested and the designated number of square miles in each bed or portion thereof applied for. (2) A minimum deposit of $2,565 per square mile for kelp beds lying south of Point Arguello and $1,368 per square mile for kelp beds lying north of Point Arguello. (The deposit shall be returned to the applicant if a lease is not executed.) (3) A detailed development plan for the proposed kelp bed lease showing the intended use, the manner of harvesting and transporting the kelp and the amount of kelp the lessee proposes to harvest during each of the next five years. (4) The financial capabilities of the lessee to carry out the proposed plan of development. The department shall evaluate the submitted plans, and provide its evaluation to the commission. (5) Applicants for the lease of Kelp Beds 300-312 shall, in addition to the above requirements, submit evidence of a scientifically acceptable survey of the requested kelp bed, conducted within one year of the date of the application, showing the extent of the kelp bed and the quantity (biomass) of kelp present. Evidence of such a survey must be submitted annually prior to beginning harvest. Harvest of bull kelp from leased beds shall be limited to not more than 15 percent of the bull kelp biomass revealed by the survey. (c) Kelp leases may be awarded to applicants determined by the commission to possess the capabilities to harvest and utilize kelp in a manner beneficial to the state. (1) In case more than one application is received for the lease of a specified kelp bed or beds, the lease shall be awarded to the highest qualified bidder. (2) Bids tendered for the exclusive right to harvest kelp from designated kelp beds will be for the dollar amount of royalty to be paid on each wet ton of kelp harvested. The minimum acceptable bed will be for a royalty rate of no less than $1.71 per wet ton of kelp harvested. (3) The commission may reject any or all applications for the lease of the exclusive privilege to harvest kelp, if it deems the rejection to be in the public interest. (d) If the specified kelp harvesting area applied for is found to be available for lease, and that the lease would be in the public interest, 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. The department shall, in addition, notify by mail all current holders of kelp harvesting licenses that a kelp lease is being considered. (e) Upon termination of a kelp bed lease for any reason, the commission shall notify all current holders of kelp licenses of the availability of such beds(s) for lease. (f) Kelp bed leases shall be awarded for a maximum term of 20 years. (g) The royalty rate for kelp harvested from leased kelp beds shall be no less than $1.71 per wet ton of kelp harvested from such beds. A non-refundable advance payment computed on the basis of the harvest of 800 tons of kelp annually times the bid royalty rate per square mile for kelp beds located north of Point Arguello and the harvest of 1.500 tons of kelp annually times the bid royalty rate per square mile for beds lying south of that point is due and payable to the department on January 1 each year. Kelp harvested from each bed during the calendar year will be credited against the advance payment at the specified royalty rate until the deposit has been depleted. Kelp harvest from each bed in excess of the amount covered by the advance deposit shall be assessed at the basic royalty rate established by Section 165(c)(5). (h) Each kelp lease shall specify a period prior to expiration when renewal of the lease may be requested by lessee. If during the notification period the lessee successfully demonstrates to the commission that all conditions of the lease have been met, the lessee shall have a prior right to renew the lease on terms agreed upon between the commission and the lessee. If terms of a lease renewal are not agreed upon prior to termination of a lease agreement, the commission shall advertise for bids on the individual kelp beds comprising the lease. 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. (i) Notwithstanding the provisions of subsections (f) and (h), at any time during the term of a lease, a lessee may notify the commission of its desire to enter into a new lease. If the lessee can successfully demonstrate to the commission that all conditions of its lease have been met and that a new lease would be in the best interest of the state, a new lease may be drawn on terms agreed upon between the two parties, provided a new lease is negotiated for an additional period not to exceed 20 years. (j) There is established a "Revised Official Map and Description of Kelp Beds, Pt. Arguello to U.S.-Mexico Boundary" dated August 1, 1963 revised March 3, 1967, a new "Official Map and Description of Kelp Beds, Pt. Arguello to Pt. Montara" dated March 3, 1967, and a new map "Official Map and Description of Kelp Beds, Pt. Montara to California-Oregon Boundary" dated June 15, 1995. These maps are based on U.S. Coast and Geodetic Survey Charts No. 5020, dated April 1961, No. 5302, dated October 12, 1964, and No. 5402, dated September 6, 1965, as filed with the Fish and Game Commission. Beds are described as follows: (all bearings are true bearings) 1) Mainland Beds (Pt. Arguello to Mexico) Bed 1. From a line drawn 264° from the U.S.A.-Mexico International Boundary to a line drawn 270° from the southern tip of San Diego Bay. 0.20 square miles. Bed 2. From a line drawn 270° from the southern tip of San Diego Bay to a line drawn 259° from the southern tip of Point Loma. 0.10 square miles. Bed 3. From a line drawn 259° from the southern tip of Point Loma to a line drawn 272° from the south jetty of Mission Bay. 2.58 square miles. Bed 4. From a line drawn 272° from the south jetty of Mission Bay to a line drawn 283° from Scripps Pier. 2.53 square miles. Bed 5. From a line drawn 283° from Scripps Pier to a line drawn 269° from the mouth of the San Dieguito River. 0.00 square miles. Bed 6. From a line drawn 269° from the mouth of the San Dieguito River to a line drawn 236° from the middle of Loma Alta Lagoon (at South Oceanside). 1.52 square miles. Bed 7. From a line drawn 236° from the middle of Loma Alta Lagoon to a line drawn 215° from the middle of the city of San Onofre. 0.66 square miles. Bed 8. From a line drawn 215° from the middle of the city of San Onofre to a line drawn 219° from the middle of San Juan Creek. 1.53 square miles. Bed 9. From a line drawn 219° from the middle of San Juan Creek to a line drawn 220° from Abalone Pt. 0.39 square miles. Bed 10. From a line drawn 220° from Abalone Pt. to a line drawn 220° from the south jetty of Newport Bay. 0.00 square miles. Editor's note: [Section of coast from the south jetty of Newport Bay to the San Pedro Breakwater Lighthouse is undesignated] Bed 13. From a line drawn 156° from the San Pedro Breakwater Lighthouse to a line drawn 232° from Pt. Vicente. 0.54 square miles. Bed 14. From a line drawn 232° from Pt. Vicente to a line drawn 256° from the southern tip of the Redondo Beach Breakwater. 0.74 square miles. Editor's note: [Section of coast from Redondo Beach Breakwater to Santa Monica Pier is undesignated] Bed 15. From a line drawn 223° from the Santa Monica Pier to a line drawn 156° from Malibu Pt. 0.04 square miles. Bed 16. From a line drawn 156° from Malibu Pt. to a line drawn 185° from Pt. Dume. 0.21 square miles. Bed 17. From a line drawn 185° from Pt. Dume to a line drawn 207° from Pt. Mugu. 0.62 square miles. Editor's note: [Section of coast from Pt. Mugu to the middle of the mouth of Ventura River is undesignated] Bed 18. From a line drawn 217° from the middle of the mouth of Ventura River to a line drawn 214° from Pitas Pt. 0.14 square miles. Bed 19. From a line drawn 214° from Pitas Pt. to a line drawn 218° from Rincon Pt. 0.05 square miles. Bed 20. From a line drawn 218° from Rincon Pt. to a line drawn 198° from Loon Pt. 0.24 square miles. Bed 21. From a line drawn 198° from Loon Pt. to a line drawn 184° from the eastern boundary of the Montecito Hotel (2.4 miles 072° from tip of S.B. Breakwater). 0.19 square miles. Bed 22. From a line drawn 184° from the eastern boundary of the Montecito Hotel to a line drawn 166° from the tip of the Santa Barbara Breakwater. 0.05 square miles. Bed 23. From a line drawn 166° from the tip of the Santa Barbara Breakwater to a line drawn 195° from the Santa Barbara Lighthouse. 0.10 square miles. Bed 24. From a line drawn 195° from the Santa Barbara Lighthouse to a line drawn 197° from the middle of Rogue Creek (Arroyo Burro). 0.05 square miles. Bed 25. From a line drawn 197° from the middle of Rogue Creek to a line drawn 185° from the middle of Hope Ranch Creek. 0.18 square miles. Bed 26. From a line drawn 185° from the middle of Hope Ranch Creek to a line drawn 176° from Goleta Pt. 0.60 square miles. Bed 27. From a line drawn 176° from Goleta Pt. to a line drawn 210° from Coal Oil Pt. 0.43 square miles. Bed 28. From a line drawn 210° from Coal Oil Pt. to a line drawn 200° from the Middle of Gato Canyon (about 1.5 miles west of Naples). 0.60 square miles. Bed 29. From a line drawn 200° from the middle of Gato Canyon to a line drawn 183° from the middle of Refugio Creek. 0.17 square miles. Bed 30. From a line drawn 183° from the middle of Refugio Creek to a line drawn 180° from the middle of Canada de Molino (about 5 miles west of Refugio Creek). 0.39 square miles. Bed 31. From a line drawn 180° from the middle of Canada de Molino to a line drawn 180° from the middle of Alegria Canyon (about 3.4 miles west of Gaviota). 0.16 square miles. Bed 32. From a line drawn 180° from the middle of Alegria Canyon to a line drawn 180° from Pt. Conception. 2.76 square miles. Bed 33. From a line drawn 180° from Pt. Conception to a line drawn 231° from Expada Bluff. 0.97 square miles. Bed 34. From a line drawn 231° from Espada Bluff to a line drawn 270° from Pt. Arguello. 0.31 square miles. Total Area Mainland Beds (Pt. Arguello to Mexico).19.05 square miles (2) Island Beds Bed 101. San Clemente Island. From a line drawn 120° from Pyramid Head to a line drawn 210° from China Pt. 0.66 square miles. Bed 102. San Clemente Island. From a line drawn 210° from China Pt. to a line drawn 226° from Seal Cove. 2.39 square miles. Bed 103. San Clemente Island. From a line drawn 226° from Seal Cove to a line drawn 0° from Northwest Harbor. 2.89 square miles. Bed 104. San Clemente Island. From a line drawn 0° from Northwest Harbor to a line drawn 120° from Pyramid Head. 0.22 square miles. Bed 105. Santa Catalina Island. Entire island. 0.75 square miles. Bed 106. Santa Barbara Island. Entire island. 0.23 square miles. Bed 107. San Nicolas Island. South of a line drawn 75° from the east end to a line drawn 283° from the west end. 1.15 square miles. Bed 108. San Nicolas Island. North of a line drawn 283° from the west end to a line drawn 75° from the east end. 2.85 square miles. Bed 109. Anacapa Islands. All islands. 0.32 square miles. Bed 110. Santa Cruz Island. From a line drawn 86° from San Pedro Pt. to a line drawn 170° from Bowen Pt. 0.64 square miles. Bed 111. Santa Cruz Island. From a line drawn 170° from Bowen Pt. to a line drawn 306° from West Pt. 0.61 square miles. Bed 112. Santa Cruz Island. From a line drawn 306° from West Pt. to a line drawn 86° from San Pedro Pt. 0.11 square miles. Bed 113. Santa Rosa Island. From a line drawn 61° from Skunk Pt. to a line drawn 180° from South Pt. 0.59 square miles. Bed 114. Santa Rosa Island. From a line drawn 180° from South Pt. to a line drawn 285° from Sandy Pt. 2.17 square miles. Bed 115. Santa Rosa Island. From a line drawn 285° from Sandy Pt. to a line drawn 45° from Carrington Pt. 1.59 square miles. Bed 116. Santa Rosa Island. From a line drawn 45° from Carrington Pt. to a line drawn 61° from Skunk Pt. 0.62 square miles. Bed 117. San Miguel Island. South of a line drawn 60° from Cardwell Pt. to a line drawn 231° from Pt. Bennett. 1.35 square miles. Bed 118. San Miguel Island. North of a line drawn 231° from Pt. Bennett to a line drawn 60° from Cardwell Pt. 1.51 square miles. Total Island Beds 20.65 square miles (3) Mainland Beds (Pt. Arguello to Point Montara) Bed 202. From a line drawn 270° from Pt. Arguello to a line drawn 270° from Point Sal. 0.10 square miles. Bed 203. From a line drawn 270° from Point Sal to a line drawn 270° from Pismo Beach Pier. 0.00 square miles. Bed 204. From a line drawn 270° from Pismo Beach Pier to a line drawn 180° from Point San Luis. 0.72 square miles. Bed 205. From a line drawn 180° from Point San Luis to a line drawn 250° from Point Buchon. 0.64 square miles. Bed 206. From a line drawn 250° from Point Buchon to a line drawn 270° from Morro Rock. 0.04 square miles. Bed 207. From a line drawn 270° from Morro Rock to a line drawn 190° from Point Estero. 1.46 square miles. Bed 208. From a line drawn 190° from Point Estero to a line drawn 230° from Von Helm Rock. 2.61 square miles. Bed 209. From a line drawn 230° from Von Helm Rock to a line drawn 200° from San Simeon Point. 2.20 square miles. Bed 210. From a line drawn 200° from San Simeon Point to a line drawn 230° from Point Piedras Blancas. 2.02 square miles. Bed 211. From a line drawn 230° from Point Piedras Blancas to a line drawn 240° from Salmon Head. 1.50 square miles. Bed 212. From a line drawn 240° from Salmon Head to a line drawn 240° from Cape San Martin. 1.26 square miles. Bed 213. From a line drawn 240° from Cape San Martin to a line drawn 240° from Lopez Point. 2.14 square miles. Bed 214. From a line drawn 240° from Lopez Point to a line drawn 240° from Partington Point. 2.03 square miles. Bed 215. From a line drawn 240° from Partington Point to a line drawn 200° from Pfeiffer Point. 0.80 square miles. Bed 216. From a line drawn 200° from Pfeiffer Point to a line drawn 200° from Point Sur. 3.08 square miles. Bed 217. From a line drawn 200° from Point Sur to a line drawn 270° from Yankee Point. 2.38 square miles. Bed 218. From a line drawn 270° from Yankee Point to a line drawn 270° from Point Lobos. 0.50 square miles. Bed 219. From a line drawn 270° from Point Lobos to a line drawn 270° from Point Cypress. 1.28 square miles. Bed 220. From a line drawn 270° from Point Cypress to a line drawn 000° from Monterey Pier. 1.88 square miles. Bed 221. From a line drawn 000° from Monterey Pier to a line drawn 180° from Santa Cruz Pier. 0.90 square miles. Bed 222. From a line drawn 180° from Santa Cruz Pier to a line drawn 240° from Sand Hill Bluff. 0.81 square miles. Bed 223. From a line drawn 240° from Sand Hill Bluff to a line drawn 240° from Point Ano Nuevo. 0.19 square miles. Bed 224. From a line drawn 240° from Point Ano Nuevo to a line drawn 270° from Pescadero Point. 0.06 square miles. Bed 225. From a line drawn 270° from Pescadero Point to a line drawn 270° from Point Montara. 0.00 square miles. Total area of Mainland Beds (Pt. Arguello to Point Montara) 28.60 square miles (4) Mainland Beds (Point Montara to Oregon). Bed 226. From a line drawn 270° from Point Montara to a line drawn 270° from Fort Point. 0.00 square miles. Bed 301. From a line drawn 270° from Fort Point to a line drawn 270° from Point Reyes. 0.00 square miles. Bed 302. From a line drawn 270° from Point Reyes to a line drawn 240° from Duncan's Point. 0.00 square miles. Bed 303. From a line drawn 240° from Duncan's Point to a line drawn 270° from Gualala Point. 1.33 square miles. Bed 304. From a line drawn 270° from Gualala Point to a line drawn 240° from Iverson Point 0.89 square miles. Bed 305. From a line drawn 240° from Iverson Point to a line drawn 330° from Point Arena. 1.11 square miles. Bed 306. From a line drawn 330° from Point Arena to a line drawn 270° from Stillwell Point. 1.03 square miles. Bed 307. From a line drawn 270° from Stillwell Point to a line drawn 270° from the middle of Ten-mile River. 0.93 square miles. Bed 308. From a line drawn 270° from the middle of Ten-mile River to a line drawn 180° from Point Delgada. 0.20 square miles. Bed 309. From a line drawn 180° from Point Delgada to a line drawn 260° from Point Mendocino. 0.14 square miles. Bed 310. From a line drawn 260° from Cape Mendocino to a line drawn 300° from the South jetty of Humboldt Bay. 0.0 square miles. Bed 311. From a line drawn 300° from the South jetty of Humboldt Bay to a line drawn 270° from the middle of the Klamath River. 0.00 square miles. Bed 312. From a line drawn 270° from the middle of the Klamath River to a line drawn 250° from the California-Oregon Boundary Total of mainland beds, Point Montera to Oregon Boundary 5.83 square miles Grand Total 74.13 square miles (k) Those beds not subject to lease are as follows: Mainland Beds (Pt. Arguello Mainland Beds (Pt. Arguello to to Mexico) Pt. Montara) (k) Those beds not subject to lease are as follows: Mainland Beds (Pt. Arguello to Mexico) Mainland Beds (Pt. Arguello to Pt. Montara) Bed No. Square Miles Bed No. Square Miles 1 0.20 205 0.64 2 0.10 206 0.04 7 0.66 213 2.14 8 1.53 215 0.80 9 0.39 217 2.38 10 0.00 218 0.49 13 0.54 219 1.28 14 0.74 220 1.88 15 0.04 221 0.90 18 0.15 222 0.81 22 0.05 224 0.06 23 0.10 225 0.00 24 0.05 Total 11.42 25 0.18 28 0.60 33 0.97 Total 6.30 Mainland Beds (Pt. Montara to California- Island Beds Oregon Border) Bed No. Square Miles Bed No. Square Miles 303 1.33 101 0.66 304 0.89 104 0.22 305 1.11 105 0.75 306 1.03 109 0.32 307 0.93 110 0.64 Total 5.29 112 0.11 113 0.59 114 2.18 115 1.59 116 0.62 117 1.35 118 1.51 Total 10.54 Bed No. Square Miles Bed No. Square Miles 1 0.20 205 0.64 2 0.10 206 0.04 7 0.66 213 2.14 8 1.53 215 0.80 9 0.39 217 2.38 10 0.00 218 0.50 13 0.54 219 1.28 14 0.74 220 1.88 15 0.04 221 0.90 18 0.14 222 0.81 22 0.05 224 0.06 23 0.10 225 0.00 24 0.05 Total 15.97 Mainland Beds (Pt. Arguello Mainland Beds (Pt. Arguello to to Mexico) Pt. Montara) Bed No. Square Miles Bed No. Square Miles 25 0.18 28 0.60 33 0.97 Total 1.75 Mainland Beds (Pt. Montara to California-Oregon Border Bed No. Square Miles 303 1.33 304 0.89 305 1.11 306 1.03 307 0.93 Total 5.29 Island Beds Bed No. Square Miles 101 0.66 104 0.22 105 0.75 109 0.32 110 0.64 112 0.11 113 0.59 114 2.17 115 1.59 116 0.62 117 1.35 118 1.51 Total 10.53 NOTE Authority cited: Sections 6653 and 6700, Fish and Game Code. Reference: Sections 6653 and 6700-6707, Fish and Game Code. HISTORY 1. Amendment and renumbering from Section 165 filed 6-11-68; effective thirtieth day thereafter (Register 68, No. 22). For prior history, see Register 67, No. 50. 2. Amendment of subsection (d) filed 8-28-68; effective thirtieth day thereafter (Register 68, No. 33). 3. Amendment of subsection (f) filed 6-30-77 as an emergency; effective upon filing (Register 77, No. 27). 4. Certificate of Compliance filed 8-24-77 (Register 77, No. 35). 5. Amendment of subsection (f) filed 3-9-81; effective thirtieth day thereafter (Register 81, No. 11). 6. Amendment of NOTE filed 10-19-81; effective thirtieth day thereafter (Register 81, No. 43). 7. Amendment filed 9-6-85; effective thirtieth day thereafter (Register 85, No. 36). DFG MARINE REGION GEOGRAPHIC INFORMATION SYSTEM CONTACT Paul Veisze California Department of Fish and Game Regional GPS/GIS Coordinator Information Technology Branch GIS 1807 13th Street, Suite 201 Sacramento, CA 95814 (916) 323-1667; Fax: -1431 pveisze@dfg.ca.gov DATA DISTRIBUTION CONTACT Mark Lampinen California Department of Fish and Game GIS Applications Specialist Office of Spill Prevention and Response 1700 K Street, Suite 150 Sacramento, CA 94244-2090 (916) 322-4777; Fax: (916) 324-8829 mlampinen@dfg.ca.gov GIS TECHNICAL CONTACT Will Patterson California Department of Fish and Game GIS Applications Specialist Information Technology Branch 1807 13th Street, Suite 201 Sacramento, CA 95814 (916) 323-1484; Fax: (916) 323-1431 wpatters@dfg.ca.gov -- end of file kelpadmbed.txt
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