845.
(a) By January 1, 2024, the department shall begin a pilot program in state waters to test alternative shellfish and seaweed mariculture production and restoration strategies. The department, in consultation with the Fish and Game Commission, the California Coastal Commission, the Ocean Protection Council, and the State Lands Commission, as well as, if feasible, the National Oceanic and Atmospheric Administration, the United States Department of Defense, California Native American tribes as defined in Section 21073, and relevant academics, nongovernmental organizations, mariculture growers, ports, and other relevant stakeholders
shall adopt regulations for shellfish and seaweed mariculture production and restoration in the pilot program tracts. In adopting the regulations, the department shall do all of the following:(1) Develop new or updated, or endorse existing, best management practices for shellfish and seaweed mariculture production and restoration projects in the pilot program tracts. The best management practices shall provide guidance on relevant subjects including, but not limited to, ecological impacts, plastics contamination, allowed cultivation techniques, viewshed management, allowed species for restoration, and allowed species for production, including, but not limited to, all of the following:
(A) Atlantic oyster (Crassostrea virginica).
(B) Bay
mussel (Mytilus species).
(C) Bull kelp (Nereocystis leutkeana).
(D) European flat oyster (Ostrea edulis).
(E) Giant kelp (Macrocystis pyrifera).
(F) Kumamoto oyster (Crassostrea sikamea).
(G) Manila clam (Venerupis philippinarum).
(H) Olympia Oyster (Ostrea lurida).
(I) Pacific Oyster (Crassostrea gigas).
(2) Designate no fewer than five, 500-hectare
200-hectare tracts of estuary or ocean for shellfish and seaweed mariculture production and restoration as part of the pilot program. These tracts shall meet all of the following criteria:
(A) At least two shall be located north of Point Conception.
(B) At least two shall be located south of Point Conception.
(C) At least one shall have a recognized need for restoration of bull kelp forests.
(D) Not be narrower than 50 meters in width at any given point.
(E) Have sufficient access to nearby harbors and suitable parcels for onshore operations.
(F) Have minimal conflicting uses that would make shellfish and seaweed mariculture production and restoration inadvisable at the designated tract, including, but not limited to, all of the following:
(i) Regular ship traffic.
(ii) Military operations. activities.
(iii) Significant commercial or recreational fishing activities.
(G) Have minimal environmental concerns or conflicts that would make shellfish and seaweed mariculture
production and restoration inadvisable at the designated tract, including, but not limited to, all of the following:
(i) Water bottom habitat that is ecologically sensitive or otherwise improper for shellfish and seaweed mariculture production and restoration.
(ii) An elevated risk of marine mammal entanglement.
(iii) Potential to negatively affect brant or other waterfowl populations.
(H) Have an environment that is suitable for shellfish and seaweed mariculture production and restoration using contemporary cultivation practices and technologies, including, but not limited to, suitable water bottom substrate, water quality, temperature, and nutrient
levels.
(I) Have an environment that may benefit from shellfish and seaweed mariculture production and restoration in areas including, but not limited to, water quality, water temperature, acidity, and provision of habitat.
(3) Adopt goals for shellfish and seaweed mariculture production and restoration in the pilot program tracts, regarding all of the following topics:
(A) Minimum levels of production, restoration, and participation in the pilot program.
(B) Provision of cobenefits through adjacent production of shellfish and seaweed and adjacent production and restoration where feasible.
(C) Provision of environmental benefits from shellfish and seaweed mariculture production and restoration, including advancement of the goals of Executive Orders Nos. N-82-20 and B-55-18.
(D) Ensuring at least 40 percent of the total area under the pilot program shall be allocated to projects that provide direct and meaningful benefits to aquaculturalists in disproportionally affected communities.
(b) Notwithstanding any other law, a mariculturalist holding a lease to a pilot program tract may begin cultivation without a permit, except any permit required by the State Water Resources Control Board.
(c) (1) Notwithstanding any other law, commencing January 1, 2024, the
department shall, within the pilot program tracts, have sole authority or jurisdiction to approve, deny, or otherwise affect the ability of shellfish and seaweed mariculture production and restoration projects to operate, excluding the roles and responsibilities of the State Water Resources Control Board and the relevant leasing authorities.
(2) Notwithstanding any other law, commencing January 1, 2024, the department shall, within the pilot program tracts, have sole authority or jurisdiction to enforce compliance with the rules and regulations of the pilot program, excluding the roles and responsibilities of the State Water Resources Control Board and the relevant leasing authorities.
846.
(a) An applicant with a proposed shellfish, seaweed, or shellfish and seaweed mariculture production and restoration project shall apply for a lease of any pilot program tract, or a portion of a tract.(b) Notwithstanding any other law, the State Lands Commission or the Fish and Game Commission, or both, if applicable, shall review completed applications under the pilot program in order to assess the need for a water bottom lease or ground lease of state lands by the applicant to implement and operate the proposed, applied-for shellfish and seaweed mariculture production and restoration project.
(c) Notwithstanding any other law, if the State Lands Commission or the Fish and Game Commission, or both, if applicable, determine that the shellfish and seaweed mariculture production and restoration applicant would require a water bottom lease or ground lease of state lands to implement and operate the applied-for shellfish and seaweed mariculture production and restoration project, the State Lands Commission or the Fish and Game Commission, or both, if applicable, shall prepare, review, and either approve or deny a water bottom lease or ground lease within four months of receiving the completed application. Once the water bottom or ground water lease is approved, no permit is necessary to begin the applied-for shellfish and seaweed mariculture production and restoration project, except a permit required by the State Water Resources Control Board.
(d) If the State Lands Commission or the Fish and Game Commission deny a water bottom lease or ground lease to an applicant, the State Lands Commission or the Fish and Game
Commission, or both, if applicable, shall provide the applicant with a written explanation and reasons for the denial. Upon receipt of the written explanation, the applicant shall have 30 days to administratively appeal the denial of the water bottom lease or ground lease. If the applicant files an administrative appeal within the time provided, the State Lands Commission or the Fish and Game Commission, or both, if applicable, shall hold a hearing regarding the applicant’s appeal to determine whether to uphold or overturn the denial of the water bottom lease or ground lease. The State Lands Commission and the Fish and Game Commission shall accept revisions to shellfish and seaweed mariculture production and restoration project applications on an ongoing basis, and shall notify an applicant of needed revisions at the time the issue is detected and accept revisions on a rolling basis. The State
Lands Commission and the Fish and Game Commission may develop procedures and adopt regulations for administrative
appeals pursuant to this subdivision.
(e) A local government may apply for a shellfish and seaweed mariculture production and restoration lease and designate individual mariculturalists as sublessees without authorization from the department, the State Lands Commission, or the Fish and Game Commission. A local government shall notify the department, the State Lands Commission, or the Fish and Game Commission of a sublease within two months of the beginning of the sublease.