Aquaculture_Lease_Locations

                            Outlines aquaculture lease locations in north central California.   Data provided by Tom Moore, California Department of Fish and Game
                          

                            To show the location of aquaculture leases
                          

                            
I'm not exactly sure what you want in terms of metadata? The Tomales Bay shapefiles were accompanied by a table listing various data about each lease. The problem with the shapefiles is that they were created without exact survey boundaries. the lease descriptions were developed in Sacto by Emil Smith who worked off charts using a meets and bounds system. There was a lease that a surveyor found that was on land and included Highway 1.  I tried to fit the leases shapes onto the layer in Arcview and have them contain the specified acreage. I then went and got lat-long for the corners and created a description using that so somebody in the field could use a GPS and find the corners. A few surveys were done by licensed surveyors but they used the California Coordinate system and I couldn't convert those surveys (and they wouldn't convert them without paying for that).

To a great extent this is not a problem because the state water bottom lessees have all come to agreement pretty much on where mutual corners are. 

I am attaching the descriptions from a draft DEIR I was working on that contains the lease description and that lat-long description for Tomales Bay leases. For Drakes Estero leases I have attached the leases which contain the description. these are Word docs in case you want to cut and paste.

Let me know if this works.

Tom

Thomas O. Moore
Calif. Dept. Fish and Game
Marine Aquaculture Coordinator/
SF Bay Herring Gillnet Fishery Manager
P.O. Box 1560
Bodega Bay, CA 94923
(707) 875-4261
(707) 875-4269 FAX
tmoore@dfg.ca.gov 

Lease descriptions:
6.0 ALTERNATIVES DEVELOPMENT

This section of the DEIR/DEIS describes development of an initial range of reasonable alternatives that would feasibly attain most of the project objectives (Section 3.1) but would avoid or substantially lessen any of the significant effects of the Tomales Bay Aquaculture Project. 

A major objective of the Tomales Bay Aquaculture Project is to provide opportunity for new or existing aquaculturists. Currently, seven different lessees, lease 12 state water bottom parcels totaling 513 acres. Opportunity to obtain a state water bottom lease is limited to periodic auctions of abandoned lease parcels, purchasing the rights to the lease from the current lessee (Fish and Game Commission approval needed), or subletting a portion of an existing lease (Fish and Game Commission approval needed). The last state water bottom lease auction was in 1989 and only three leases have been assigned to other registered aquaculturists since that time with two out of the three leases going to new aquaculturists/businesses. There are presently six abandoned state water bottom leases in Tomales Bay which represent a potential 50 percent increase in the number of available state water bottom leases in the Bay. 

To achieve this objective, the CDFG proposes to re-lease abandoned state water bottom leases and create additional new state water bottom leases. An additional goal is to change the shape and size of some existing and abandoned state water bottom leases by realigning their lease boundaries.			

Section 6.1 provides detailed descriptions of currently active aquaculture leases of state water bottoms, currently abandoned parcels of state water bottoms, proposed new 5-acre state water bottom leases, proposed realignments of existing and abandoned leases, and current registered aquaculture operations on private water bottoms. 

Section 6.2 provides State CEQA Guidelines governing the range of alternatives for screening. Criteria were developed from information gathered at Public Scoping Meetings held on July 22, 1996 and August 6, 1998 (Appendix ***) along with other public comment and comments from trustee and responsible agencies received after the Notice of Preparation was filed in 1996 (Appendix ***). These criteria were used to assist the CDFG in developing the initial range of preliminary alternatives that are described in this section.

The Tomales Bay Aquaculture Project alternatives retained for preliminary consideration are evaluated in Section 6.3. Each alternative consists of either a re-leasing of abandoned leases, realignment of existing or abandoned leases, or creation of new leases.

Section 6.4 describes the development of preliminary alternatives brought forward for evaluation. After examination for environmental consequences (Chapter 7) and potential mitigation (Chapter 8), final alternative evaluation takes place in Chapter 9.

6.1 Tomales Bay Aquaculture Lease Descriptions

There are currently 12 active state water bottom leases in Tomales Bay (Figure ?***). These leases range in size from 5 to 156 acres. A variety of bivalve shellfish are cultured using a number of different culture methods on these state water bottom parcels (Table 6.1-1). The lease for each water bottom parcel specifies the type of shellfish approved for culture on that parcel and also the types of culture methodology that may be employed on that parcel. The use of approved species will prevent introduction of diseases or exotic species while approved culture methodology will limit any potential adverse environmental impacts. Changes of any authorized cultural practices require Fish and Game Commission approval (Title 14, Section 237,(b)(7)) (Section 5.1.3.2.3 this document). Additionally, the lease holder shall comply with the provisions of the Fish and Game Code and the rules and regulations of the Commission and any special provisions set forth in the lease by the Commission (Title 14, Section 237,(c)(2))(Section 5.1.3.2.3 this document). 

Table 6.1-1 Summary of Active Tomales Bay Aquaculture Lessees, Lease Acreage, Acreage in Use, Approved Species, and Approved Culture Methods. 
Lessee	Lease Number	Lease Acreage	Acreage in Use	Approved Species For Cultivation in Lease Agreement	Approved Culture Methods in Lease Agreement
Marin Oyster Company	M-430-02	5	5	Pacific, Kumomoto, Suminoe, Eastern, and Flat Oysters, Manila Clam, and Blue Mussels	Longline, Rafts, Rack and Bag,  Longline on Stakes, Rack and Tray, Groundline and Bag, Bottom Culture, and Floats 
Bay Bottom Beds Inc., Lease Assigned to Charles Friend

M-430-04	62	1	Pacific, Kumomoto, Suminoe, Eastern, and Flat Oysters, Manila Clam, and Blue Mussels	Longline, Rafts, Rack and Bag,  Stakes, Rack and Tray,  Bottom Culture, and Floats
Bay Bottom Beds Inc.	M-430-19	25	1	Pacific, Kumomoto, Suminoe, Eastern, and Flat Oysters, Manila Clam, and Blue Mussels	Longline, Rafts, Rack and Bag, Rack and Tray,  Bottom Culture, and Floats
Cove Mussel Company	M-430-06	10	5	Bay Mussels, Pacific Oyster, Manila Clam	Longline, Rack and Bag
Hog Island Oyster Company	M-430-10	5	5	Pacific, European, Eastern, & Kumamoto Oysters, Manila Clam, and Bay Mussels	Raft, Longline, Rack and Bag, Groundline and Bag
Hog Island Oyster Company	M-430-11	5	5	Pacific, Eastern, and European Oysters, Bay Mussels, and Littleneck Clams	Longline, racks, stakes, and Modified Stakes 
Hog Island Oyster Company	M-430-12	25	5	?***	?***

Table 6.1-1 (Continued) Summary of Tomales Bay Aquaculture Lessees, Lease Acreage, Species Cultivated, and Culture Methods Used. 
Lessee	Lease Number	Lease Acreage	Acreage in Use	Approved Species For Cultivation	Approved Culture Methods 
Active Leases
Hog Island Oyster Company	M-430-15	128	40	?***	?***
Point Reyes Oyster Company	M-430-14	5	<1	Pacific, Eastern,  European, Suminoe, and Native Oysters, Bay Mussels, Manila and Quahog Clams, Rock and Japanese Scallops, and Red, Green, and Pink Abalone 	Raft, and Longline
Point Reyes Oyster Company	M-430-13	25	<1	?***	?***
Point Reyes Oyster Company	M-430-17	62	12	Pacific, Suminoe, Eastern, European, and Native Oysters, Manilla Clam, and Bay and Sea Mussels	Longline, Rafts, Floats, Stakes, Rack and Bag, Rack and Tray, Bottom Culture, and In-Ground Culture With Net Cover   
Tomales Bay Shellfish Farms Inc.	M-430-05	156	50	Pacific & European Oysters, Bay Mussels	Raft, Rack and Bag, Stake and Bag
Active Lease Totals	   12	513	131		

6.1.1 Current Active State Water Bottom Leases

Information used in the following lease descriptions is excerpted in part from the lease for the specific state water bottom parcel. Other provided information is from published reports, studies, CDFG field surveys, photographic imagery, and Geographic Information System (GIS) analysis and is provided to characterize the specific water bottom lease setting.

The legal description provided for each lease is of little practical value when trying to locate lease boundaries from a vessel on Tomales Bay. The low cost and ease of use of Global Positioning Systems (GPS) provides an inexpensive but quite accurate means of locating lease boundary corners from a vessel or intertidal location. Approximate coordinates (latitude and longitude) for the corners of the active leases are provided based on the legal description of the lease.  

Active State Water Bottom Lease

An active state water bottom lease is one held by a currently registered aquaculturist who has: 1)Fish and Game Commission approval in the form of a lease; 2)Time remaining on the lease period and; 3)Is currently meeting planting and harvesting requirements as set forth in Title 14, Section 237,(i) through (j)(Section 5.1.3.2.3 this document).

Information on the procedures, policies, and California Government Code Sections regulating the propagation and harvesting of marine life and purification of mollusks are contained in a CDFG Marine Region informational leaflet entitled "Regulations Governing Marine Aquaculture" (Appendix 5-?***). Pertinent sections concerning aquaculture facility registration, brood from the California Fish and Game Code and the Fish and Game Commission Regulations, Title 14, California Code of Regulations, are contained in Section 5.1.3.1.

In general, a lease defines the boundaries and acreage of a specified state water bottom parcel and also defines the conditions and terms of that usage for a specified length of time at a given annual cost based on a rate per acre as a result of competitive bidding in a lease auction (Example Lease- Appendix ***). No changes to any of the terms or conditions, such as approved species for cultivation or cultivation methods, for the lease can be made without Fish and Game Commission approval. Any approved changes to the lease are included as amendments to the lease. Amendments to leases include: additional species for cultivation; additional cultivation methods; lease re-alignments; lease sublet agreements; lease assignments; and any other changes made to the lease. Along with changes made in the form of lease amendments, terms and conditions are often added to the lease at the time when new lease amendments are approved by the Commission to prevent any potential environmental impacts. In addition, the lessee must comply with all applicable provisions of the Fish and Game Code and Title 14. 

Obtaining a Lease or Use Thereof

Registered aquaculturists can obtain active state water bottom leases in the following ways:

1.		Assignment of the lease agreement for an active water bottom parcel by the lessee with Fish and Game Commission approval.

2.		Sublet a portion of an active water bottom lease from the lessee with Fish and Game Commission approval.

3.		Inherit the active water bottom lease from a deceased lessee with Fish and Game Commission approval.***

4.		Make a written application to the Fish and Game Commission requesting a state water bottom lease for a specific area. The application shall contain all the following information:

(a) A map showing the area to be leased, its general vicinity, and all ownership and boundary lines on the vicinity.

(b) A description of the organisms and the culture techniques to be used.

(c) An estimate of the acreage to be leased.

(d) A nonrefundable filing fee of five hundred dollars.

Items 1 through 3 above do not require further environmental review under State CEQA Guidelines since no new lease was created. However, the creation of a new lease in item 4 above would qualify as a project and make the applicant the project proponent and therefore responsible to comply with the CEQA provisions for environmental review. The CDFG would be the lead agency for such a project. 

6.1.1.1 Lease M-430-02

6.1.1.1.1 Boundary Description

All that certain real property situated in the County of Marin, State of California (Figure 3.3-3 upper bay***), described as follows:

In Tomales Bay, Marin County, State of California, starting from Bench Mark 8 located at approximately 38E12'38.7" North latitude, 122E55'22" West longitude on the Tomales Bay quadrangle, Marin County, California, U.S. Dept. of the Interior Geological Survey 7.5 minute series topographic map; thence North 83E31' West for a distance of 2,749.3 feet to the top of Preston Point Rock lying off the Northeast end of Preston Point; thence South 65E57'51" West 2,128.40 feet to the true point of beginning; thence South 50E27'48" East 807.00 feet; thence South 39E32'12" West 350.81 feet; thence North 50E27'48" West 108.48 feet; thence North 35E28'38" West 723.11 feet; thence North 39E32'12" East 163.83 feet to the true point of beginning.

This parcel of water bottoms containing an area of five (5) "acres more or less, comprises aquaculture lease M-430-02.

Latitude and longitude coordinates of lease M-430-02 are shown in Table 6.1-2 below, starting with the northernmost corner of the lease and moving in a clockwise direction.

Table 6.1-2 Latitude and Longitude for Corners of the Polygon Describing Lease M-430-02.

Corner Number	Latitude 	Longitude
1.	38:12:31.46	122:56:19.99
2.	38:12:26.72	122:56:12.57
3.	38:12:23.27	122:56:17.30
4.	38:12:30.32	122:56:21.37

6.1.1.1.2 Physical Description of Lease

Lease M-430-02 lies on the east side of Tomales Bay southwest of Preston Point on the outer edge of the Walker Creek delta. The lease  is bounded on the north by lease M-430-04 and on the southeast by leases M-430-011 and M-430-17 (***Figure 3.3-3).

The parcel is provided partial protection from the northwesterly winds by Toms Point but is fully exposed to storm winds from the southeast that occur in the winter and spring months. Water depths within the parcel vary from +1 to -2 feet at MLLW. The bottom is predominantly soft clayey-silt grading to silty-sand on the northeastern portion of the lease. A portion of the northeastern section of the parcel is exposed during minus tides.

Eelgrass beds and other marine vegetation occur on approximately (need to look at aerial photos)10***? percent of parcel.

A good tidal exchange occurs in the parcel area and salinities are in the oceanic range (>30 ppt) except during the rainy season. From October through April, salinities may be reduced by freshwater outflows from Walker Creek. Although good tidal exchange occurs in the parcel area, fine sediments from Walker Creek may cause turbidity during periods of heavy run-off.

6.1.1.1.3 Approved Species and Culture Methods

Pacific, Kumamoto, eastern, European, and Suminoe oysters, blue mussels, and Manila clams have been approved by the Commission and are specified as approved for culture on this lease. Longline, rafts, longline on stakes, rack and bag, rack and tray, floats, bags on groundlines, and bottom culture have been approved by the Commission and are specified on the lease as approved culture methods.

6.1.1.1.4 Access

Land access to the lease is restricted, as no public roads extend into the onshore area. Upland areas bordering the lease are in private ownership and access must be obtained from the landowners. A public launching ramp is located at Miller Park (Nicks Cove), 1.1 miles southeast of the lease; but commercial use is restricted to boat launching only. The closest commercial facilities are located approximately 4.5 miles south at Marshall. 

6.1.1.2 Lease M-430-04

6.1.1.2.1 Boundary Description			

All that certain real property situated in the County of Marin, State of California (Figure 3.3-3 lower bay***), described as follows:

In Tomales Bay, Marin County, State of California, starting from Bench Mark 8 located at approximately 38E12'38.7" North latitude, 122E55'22" West longitude on the Tomales Bay quadrangle, Marin County, California, U.S. Dept of the Interior Geological Survey 7.5 minute series topographic map; thence North 83E31" West for  a distance of 2,749.3 feet to the top of Preston Point Rock lying off the northeast  end of Preston Point; thence South 65E57'51" West 2,128.40 feet to the true point of beginning; thence South 50E27'48" East 807.00 feet; thence North 46E50'24"  East 1,028.82 feet; thence North 35E53'07" West 539.10 feet; thence North 29E23'42" East 655.05 feet; thence North 59E41'17" West 670.79 feet; thence South  58E38'08" West 2,190.75 feet; thence South 51E18'13" East 1,078.38 feet; thence North 39E32'12" East 357.16 feet, to the true point of beginning.

This parcel of water bottoms, formerly a portion of Aquaculture Lease No. M-430-17, containing an area of sixty-one (61)" acres, more or less, comprises aquaculture lease M-430-04.

Latitude and longitude coordinates of lease M-430-04 are shown in Table 6.1-3 below, starting with the northernmost corner of the lease and moving in a clockwise direction.

Table 6.1-3 Latitude and Longitude for Corners of the Polygon Describing Lease M-430-04.

Corner Number	Latitude 	Longitude
1.	38:12:47.42	122:56:10.72
2.	38:12:44.68	122:56:03.36
3.	38:12:39.42	122:56:05.50
4.	38:12:34.10	122:56:01.63
5.	38:12:26.72	122:56:12.57
6.	38:12:31.46	122:56:19.99
7.	38:12:27.68	122:56:24.56
8.	38:12:34.98	122:56:36.38

6.1.1.2.2 Physical Description of Lease

Lease M-430-04 lies on the east side of Tomales Bay southwest of Preston Point on the northwestern portion of the Walker Creek delta (Figure 3.3-3lower bay***). The lease is bounded on the northwest by abandoned lease parcels 5 and 6, by lease M-430-02 on the southwest, and by lease M-430-17 on southeast.

The parcel is provided partial protection from the northwesterly winds by Toms Point but is fully exposed to storm winds from the southeast that occur in the winter and spring months. Water depths within the parcel vary from +2 to -3 feet at MLLW. The bottom is predominantly soft clayey-silt grading to silty-sand on the northeastern portion of the lease. A large portion of this lease is exposed during minus tides.

Eelgrass beds and other marine vegetation occur on approximately 10 percent of parcel.

A good tidal exchange occurs in the parcel area and salinities are in the oceanic range (>30 ppt) except during the rainy season. From October through April, salinities may be reduced by freshwater outflows from Walker Creek. Although good tidal exchange occurs in the parcel area, fine sediments from Walker Creek may cause turbidity during periods of heavy run-off.

A portion of this lease is restricted to harvest of shellfish by DHS since it currently fails to meet water quality criteria for conditional harvest (Section 4.6.3).

6.1.1.2.3 Approved Species and Culture Methods

Pacific, Suminoe, eastern, European, and native oysters, and Manila clams, sea and bay mussels are approved by the Commission for culture on this lease. Longline, rafts, stakes, rack and bag, rack and tray, floats, and bottom culture are the Commission approved culture methods for this lease.

6.1.1.2.4 Access

Land access to the lease is restricted, as no public roads extend into the onshore area. Upland areas bordering the lease are in private ownership and access must be obtained from the landowners. A public launching ramp is located at Miller Park (Nicks Cove), 1.25 miles southeast of the lease; but commercial use is restricted to boat launching only. The closest commercial facilities are located approximately 4.5 miles south at Marshall. 

6.1.1.3 Lease M-430-05

6.1.1.3.1 Boundary Description

All that certain real property situated in the County of Marin, State of California (Figure 3.3-5 upper bay***), described as follows:

In Tomales Bay, Marin County, State of California, starting from Bench Mark 32" located at 38E6'33.1" North latitude, 122E50'36.5" West longitude on the Inverness quadrangle, California, Marin County, U.S. Dept of the Interior Geological Survey 7.5 minute series topographic map, thence South 75E17'31" West 2,532 feet to the beginning point.  Thence, South 49E35' West, 190.27 feet; thence North 40E West, 6,810.86 feet; thence North 9E West 756.03 feet; thence North 74E40' East 1,189.23 feet; thence South 1E15' East 725 feet; thence South 60E15' West 725 feet; thence South 36E15' East 950 feet; thence South 59E30' East 1,500 feet; thence South 40E East 475 feet; thence North 69E35' East 950 feet; thence South 59E20' East 975 feet; thence South 40E East 650 feet; thence South 17E West 1,875 feet; thence South 27E East 800 feet, to the true point of beginning.

This parcel of water bottoms containing an area of one hundred fifty-six (156) " acres more or less, comprises aquaculture lease  M-430-05.

Latitude and longitude coordinates of lease M-430-05 are shown in Table 6.1.4 below, starting with the northernmost corner of the lease and moving in a clockwise direction.

Table 6.1-4 Latitude and Longitude for Corners of the Polygon Describing Lease M-430-05.

Corner Number	Latitude	Longitude
1.	38:07:27.70	122:51:45.52
2.	38:07:19.03	122:51:46.54
3.	38:07:15.48	122:51:55.79
4.	38:07:08.95	122:51:50.64
5.	38:06:55.58	122:51:29.69
6.	38:06:59.35	122:51:18.81
7.	38:06:59.39	122:51:17.16
8.	38:06:59.80	122:51:15.29
9.	38:06:54.84 	122:51:06.17
10.	38:06:49.78 	122:51:01.04
11.	38:06:32.03	122:51:08.84
12.	38:06:24.78 	122:51:02.68
13.	38:06:22.67	122:51:06.14
14.	38:07:15.33	122:52:02.16
15.	38:07:23.46	122:52:03.81

6.1.1.3.2 Physical Description of Lease
The lease lies on the eastern side of Tomales Bay from northwest of Tomasini Point southeasterly to mid-Millerton Point (Figure 3.3-5***). Lease M-430-05 is bounded on the north by lease M-430-12.

Water depth on the lease ranges from 0.0-9 feet at MLLW and overlays a generally silty clay bottom except for the northwest portion of the lease which contains shelly silty clay with pebble gravel. 

Eeelgrass beds extend from the northwestern side of Tomasini Point around southeasterly to the southeastern edge of Tomasini Point. 

The northeasterly portion of the lease is exposed to prevailing northwesterly winds in the summer months but is protected from southeasterly storms during winter and spring months. The portion of the lease lying between Tomasini and Millerton Points is the most protected area on the lease.

Water turbidity during wet weather is expected to be moderate with turbidity levels reaching from 10-15 NTU during periods of heavy surface run-off. Salinity levels in the parcel area are generally acceptable for shellfish culture throughout the year ranging from 17 ppt at the surface to 25 ppt at the bottom. Surface salinities may drop as low as 12-14 ppt during periods of prolonged rainfall.

6.1.1.3.3 Approved Species and Culture Methods

Pacific and European oysters and bay mussels are approved for culture by the Commission and specified in the lease. Commission approved culture methods for this lease are raft, rack and bag, and stake and bag.

6.1.1.3.4 Access

The lessee has access to this lease from the adjacent eastern shoreline where the shoreside facility is located. 

6.1.1.4 Lease M-430-06

6.1.1.4.1 Boundary Description

All that certain real property situated in the County of Marin, State of California, described as follows (Figure 3.3-5***):

Beginning at a point which is located South 85E29' East 6,540.00 feet from a 1" Iron Pipe Monument marked NPS 2-F-3 at the southerly terminus of that certain course shown as South 33E18'25" East 616.12 feet on Sheet 2 of 9 sheets of that certain map entitled, "Point Reyes National Seashore", which map was filed in Book 3 of Official Surveys at Page 56 in the Office of the County Recorder of  Marin County, California, and said 1" Iron Pipe having California Zone 3 Coordinates North 606,084.87, and East 1,310,543.53; thence from said point of beginning North 86E04' East 660.00 feet; thence South 3E56' East 660.00 feet; thence South 86E04' West 660.00 feet; thence 3E56' West 660.00 feet to the true point of beginning.           

The California Coordinate System, Zone 3, has been used as the basis of bearings.  All bearings given are grid bearings. All distances given are grid bearings. To convert grid distance to ground distance, multiply grid distance by a scale factor of 1.0000500.

The lease area described herein, containing ten (10) " acres more or less, comprises aquaculture lease M-430-06.

Latitude and longitude coordinates of lease M-430-06 are shown in Table 6.1-5 below, starting with the northernmost corner of the lease and moving in a clockwise direction.

Table 6.1-5 Latitude and Longitude for Corners of the Polygon Describing Lease M-430-06.

Corner Number	Latitude	Longitude
1.	38:08:23.36	122:52:23.04
2.	38:08:19.93	122:52:15.38
3.	38:08:14.08	122:52:19.06
4.	38:08:17.12	122:52:27.70

6.1.1.4.2 Physical Description of Lease

Lease M-430-06 lies on the eastern side of Tomales Bay in the southeastern portion of Marconi Cove (Figure 3.3-5). Water depth in the lease ranges from 0-17 feet MLLW over a silty clay bottom with intertidal areas covered by a shallow layer of gravel over finer sediments.

The lease is partially protected from the prevailing summer northwesterly winds and only the outer western portion of the lease is exposed to southerly winds from storms in the winter and spring.

Water turbidity during wet weather is expected to be moderate with turbidity levels reaching from 10-15 NTU during periods of heavy surface run-off. Salinity levels in the parcel area are generally acceptable for shellfish culture throughout the year ranging from 17 ppt at the surface to 25 ppt at the bottom. Surface salinities may drop as low as 12-14 ppt during periods of prolonged rainfall.

6.1.1.4.3 Approved Species and Culture Methods

Bay mussels, Pacific oysters, and Manila clams are approved for culture by the Commission and specified in the lease. Longline and rack and bag are the Commission approved culture methods specified for this lease.

6.1.1.4.4 Access

The lessee has access to the lease from the adjacent eastern shoreline where the shoreside facility is located. A private boat ramp is located to the north adjacent to the lease.

6.1.1.5 Lease M-430-10

6.1.1.5.1 Boundary Description

All that certain real property situated in the County of Marin, State of California, described as follows (Figure 3.3-3***):

In Tomales Bay, Marin County, State of California, starting from Bench Mark 8 located at approximately 38E12'38.7 North latitude, 122E55,22" West longitude on the Tomales Bay quadrangle, Marin County, California, U.S. Dept. of the Interior Geological Survey 7.5 minute series topographic map; thence North 83E31' West for a distance of 2,749.3 feet to the top of Preston Point Rock lying off the northeast end of Preston Point; thence South 5E35'32" West 2,297.54 feet to the true point of beginning; thence South 39E32'12" West 298.99 feet; thence North 50E27'48" West 728.45; thence North 39E32'12" East 298.99 feet; thence South 50E27'48" East 728.45 feet to the true point of beginning.

This parcel of water bottoms, containing an area of five (5) " acres more or less, comprises aquaculture lease M-430-10.

Latitude and longitude coordinates of lease M-430-10 are shown in Table 6.1-6 below, starting with the northernmost corner of the lease and moving in a clockwise direction.

Table 6.1-6 Latitude and Longitude for Corners of the Polygon Describing Lease M-430-10.

Corner Number 	Latitude	Longitude
1.	38:12:26.72	122:56:12.57
2.	38:12:22.13	122:56:06.22
3.	38:12:19.45	122:56:09.76
4.	38:12:24.04	122:56:15.93

6.1.1.5.2 Physical Description of Lease

Lease m-430-10 lies on the eastern side of Tomales Bay on the southwestern edge of the Walker Creek delta (Figure 3.3-3***). Lease M-430-11 lies adjacent to the lease on the northwest side while lease M-430-17 surrounds the lease on both the northeast and southeast sides.

The parcel is provided partial protection from the northwesterly winds by Toms Point but is fully exposed to storm winds from the southeast that occur in the winter and spring months. Water depths within the parcel vary from +1 to -1 feet at mean lower low water. The bottom is predominantly soft clayey-silt grading to silty-sand on the northeastern portion of the lease. A portion of the northeastern section of the parcel is exposed during minus tides.

Eelgrass beds and other marine vegetation occur on approximately (need to look at aerial photos)***? percent of parcel.

A good tidal exchange occurs in the parcel area and salinities are in the oceanic range (>30 ppt) except during the rainy season. From October through April, salinities may be reduced by freshwater outflows from Walker Creek. Although good tidal exchange occurs in the parcel area, fine sediments from Walker Creek may cause turbidity during periods of heavy run-off.

6.1.1.5.3 Approved Species and Culture Methods

Commission approved species of shellfish specified in the lease are Pacific, Eastern, European, and Kumamoto oysters, Manila clams, bay mussels, and red abalone. Commission approved growing methods are raft, longline, rack and bag, and groundline and bag. 

6.1.1.5.4 Access

Land access to the lease is restricted, as no public roads extend into the onshore area. Upland areas bordering the lease are in private ownership and access must be obtained from the landowners. A public launching ramp is located at Miller Park (Nicks Cove), 1.0 miles southeast of the lease; but commercial use is restricted to boat launching only. The closest commercial facilities are located approximately 4.5 miles south at Marshall. 

6.1.1.6 Lease M-430-11

6.1.1.6.1 Boundary Description

All that certain real property situated in the County of Marin, State of California (Figure 3.3-3), described as follows:

In Tomales Bay, Marin County, State of California, starting from Bench Mark 8 located at approximately 38E12'38.7" North latitude, 122E55'22" West longitude on the Tomales Bay quadrangle, Marin County, California, U.S. Dept. of the Interior Geological Survey 7.5 minute series topographic map; thence North 83E31' West for   a distance of 2,749.3 feet to the top of Preston Point Rock lying off the northeast end of Preston Point; thence South 5E35'32" West 2,297.54 feet; thence North 50E27'48" West 728.45 feet to the true point of beginning; thence South 39E32'12" West 313.49 feet; thence North 50E27'48" West 694.75 feet; thence North 39E32'12" East 313.49 feet; thence South 50E27'48" East 694.75 feet to the true point of beginning.

This parcel of water bottoms, containing an area of five (5) " acres more or less, comprises aquaculture lease M-430-11.

Latitude and longitude coordinates of Lease M-430-11 are shown in Table 6.1-7 below, starting with the northernmost corner of the lease and moving in a clockwise direction.

Table 6.1-7 Latitude and Longitude for Corners of the Polygon Describing Lease M-430-11.

Corner Number 	Latitude 	Longitude
1.	38:12:22.13	122:56:06.22
2.	38:12:17.66	122:55:59.71
3.	38:12:15.06	122:56:02.96
4.	38:12:19.45	122:56:09.76

6.1.1.6.2 Physical Description of Lease

Lease M-430-11 lies on the eastern side of Tomales Bay on the southwestern edge of the Walker Creek delta (Figure 3.3-3). Lease M-430-10 lies adjacent to the lease on the southeastern side while lease M-430-17 surrounds the lease on both the northeast and southeast sides.

The parcel is provided partial protection from the northwesterly winds by Toms Point but is fully exposed to storm winds from the southeast that occur in the winter and spring months. Water depths within the parcel vary from +1 to -1 feet at mean lower low water. The bottom is predominantly soft clayey-silt grading to silty-sand on the northeastern portion of the lease. A portion of the northeastern section of the parcel is exposed during minus tides.

Eelgrass beds and other marine vegetation occur on approximately (need to look at aerial photos)***? percent of parcel.

A good tidal exchange occurs in the parcel area and salinities are in the oceanic range (>30 ppt) except during the rainy season. From October through April, salinities may be reduced by freshwater outflows from Walker Creek. Although good tidal exchange occurs in the parcel area, fine sediments from Walker Creek may cause turbidity during periods of heavy run-off.

6.1.1.6.3 Approved Species and Culture Methods

Commission approved species of shellfish are Pacific, Eastern, European, and Kumamoto oysters, Manila clams, bay mussels, and red abalone. Growing methods approved by the Commission are raft, longline, rack and bag, and groundline and bag. 

6.1.1.6.4 Access

Land access to the lease is restricted, as no public roads extend into the onshore area. Upland areas bordering the lease are in private ownership and access must be obtained from the landowners. A public launching ramp is located at Miller Park (Nicks Cove), 1.0 miles southeast of the lease; but commercial use is restricted to boat launching only. The closest commercial facilities are located approximately 4.5 miles south at Marshall. 

6.1.1.7 Lease M-430-12

6.1.1.7.1 Boundary Description

Lease description is incorrect according to Curtis and Turk, Inc., surveyors hired by Shellfish Unlimited (Jang, Rebagliati, and Strain). Their August, 7, 1991, communication to Emil smith provides a map and coordinates showing that 430-12 and 13 are on state Hwy 1 and that lease 430-18 is also not correctly described. The lessees requested a corrected lease description from the Department on September 30, 1991. Memo from Ed Dhara to Rob Collins (Sept. 3, 1991, includes changed bearings and distances. The new lease description is included below but whether this was forwarded to the lessees remains unknown by me. Conversation with Martin Strain in December 1998, tends to indicate this was never forwarded (***need to check w/Emil or Rob) and the Department requested survey (May 31, 1991) of the lease division also remains uncompleted.  

All that certain real property situated in the County of Marin, State of California (Figure 3.3-5), described as follows:
In Tomales Bay, Marin County, State of California, starting from Bench Mark 42, located at 38E7'44.5" North latitude, 122E51'46.2" West longitude on the Point Reyes Northeast quadrangle, Marin County, California, U.S. Dept. of the Interior, Geological Survey 7.5 minute series topographic map, thence South 16E46'43" West 929.49 feet to the beginning point.  Thence South 16E45' West 1,000 feet; thence South 74E40' 1,189.23 feet; thence North 9E West 726.48 feet; thence North 70E18'02" East 1,645.02 feet to the point of beginning.

This parcel of water bottoms containing an area of twenty-five (25) " acres more or less, comprises aquaculture lease  M-430-12.

Latitude and longitude coordinates of lease M-430-12 are shown in Table 6.1-7 below, starting with the northernmost corner of the lease and moving in a clockwise direction.

Table 6.1-7 Latitude and Longitude for Corners of the Polygon Describing Lease M-430-12.

Corner Number	Latitude 	Longitude
1.	38:07:36.27	122:51:41.72
2.	38:07:27.70	122:51:45.52
3.	38:07:23.46	122:51:03.81
4.	38:07:31.02	122:51:05.19

6.1.1.7.2 Physical Description of Lease

Lease M-430-12 lies on the east side of Tomales Bay approximately 1/4 mile north of Tomasini Point and abuts lease M-430-05 to the south and lease M-430-13 to the north (Figure 3.3-5). Water depth on the lease ranges from 0.00-10 feet at MLLW over a mostly silty-clay bottom except for the shoal area on the western portion of the lease which contains shelly silty sands with minor amounts of pebble gravel. Patchy eelgrass is present on the eastern side of the lease.

The lease is exposed to the prevailing northwesterly winds in the summer months but receives some protection from southeasterly storms occurring during winter and spring months. 

Water turbidity during wet weather is expected to be moderate with turbidity levels reaching from 10-15 NTU during periods of heavy surface run-off. Salinity levels in the parcel area are generally acceptable for culturing shellfish throughout the year ranging from 17 ppt at the surface to 25 ppt at the bottom. Surface salinities may drop as low as 12-14 ppt during periods of prolonged rainfall.

6.1.1.7.3 Approved Species and Culture Methods

Culture methods approved by the Commission for use on lease M-430-12 are rafts, longlines, and rack and bag methods of cultivation. Commission approved species for growout are Pacific, flat, eastern, and Kumamoto oysters, and bay mussels.
*** ck w/Fred

6.1.1.7.4 Access

The closest access point to lease M-430-12 is the Marconi Cove Marina located approximately 1.0 mile to the northwest. An alternate access point is located at the Marshall Boat Works approximately 2.0 miles to the northwest.

6.1.1.8 Lease M-430-13

6.1.1.8.1 Boundary Description

Lease description is incorrect according to Curtis and Turk, Inc., surveyors hired by Shellfish Unlimited (Jang, Rebagliati, and Strain). Their August, 7, 1991, communication to Emil Smith provides a map and coordinates showing that 430-12 and 13 are on state Hwy 1 and that lease 430-18 is also not correctly described. The lessees requested a corrected lease description from the Department on September 30, 1991. Whether this was completed remains unknown by me. Conversation with Martin Strain in December 1998, tends to indicate this was never completed and the Department requested survey (May 31, 1991) of the lease division also remains uncompleted.  

All that certain real property situated in the County of Marin, State of California (Figure 3.3-5), described as follows:

In Tomales Bay, Marin County, State of California, starting from Bench Mark 42, located at 38E7'44.5" North latitude, 122E51'46.2" West longitude on the Point Reyes Northeast quadrangle, Marin County, California, U.S. Dept. of the Interior, Geological Survey 7.5 minute series topographic map; thence South 16E46'43" West 929.49 feet to the true point of beginning; thence South 70E18'02" West 1,645.02 feet; thence North 9E West 901.00 feet; thence North 84E19' 55" East 1,442.65 feet;  thence South 28E East 541.23 feet to the true point of beginning.

This parcel of water bottoms, containing an area of twenty-five (25) " acres more or less, comprises aquaculture lease M-430-13.

Latitude and longitude coordinates of lease M-430-13 are shown in Table 6.1-8 below, starting with the northernmost corner of the lease and moving in a clockwise direction.

Table 6.1-8 Latitude and Longitude for Corners of the Polygon Describing Lease M-430-13.

Corner Number	Latitude	Longitude
1.	38:07:41.10	122:51:45.11
2.	38:07:39.76	122:51:43.15
3.	38:07:36.27	122:51:41.72
4.	38:07:30.95	122:52:05.09
5.	38:07:39.42	122:52:06.38

6.1.1.8.2 Physical Description of Lease

Lease M-430-13 lies on the east side of Tomales Bay approximately 0.4  mile north of Tomasini Point and abuts lease M-430-12 to the south and lease M-430-19 to the north (Figure 3.3-5). Water depth on the lease ranges from 0.00-10 feet at MLLW over a mostly silty-clay bottom except for the shoal area on the western portion of the lease which contains shelly silty sands with minor amounts of pebble gravel. The intertidal portion of the lease has a shallow gravel layer overlaying finer grain sediment. Patchy eelgrass is present on the eastern side of the lease along the shore (Figure 3.3-5).

The lease is exposed to the prevailing northwesterly winds in the summer months but receives some protection from southeasterly storms occurring during winter and spring months. 

Water turbidity during wet weather is expected to be moderate with turbidity levels reaching from 10-15 NTU during periods of heavy surface run-off. Salinity levels in the parcel area are generally acceptable for shellfish culture throughout the year ranging from 17 ppt at the surface to 25 ppt at the bottom. Surface salinities may drop as low as 12-14 ppt during periods of prolonged rainfall.

6.1.1.8.3 Approved Culture Methods

Commission approved culture methods for use on lease M-430-13 are rafts and  longlines. Species of shellfish approved by the Commission for growout on this lease are Pacific, Kumamoto, and eastern oysters, and bay mussels.*** ck w/Fred on this

6.1.1.8.4 Access

The closest access point to lease M-430-12 is the Marconi Cove Marina located approximately 0.9 mile to the northwest. An alternate access point is located at the Marshall Boat Works approximately 1.9 miles to the northwest.

6.1.1.9 Lease M-430-14

6.1.1.9.1 Boundary Description

All that certain real property situated in the County of Marin, State of California (Figure 3.3-4), described as follows:

In Tomales Bay, Marin County, State of California, starting from Bench Mark 90, located at approximately 38E10'35" North latitude and 122E54' West longitude on the Tomales quadrangle, Marin County, California, U.S. Dept. of the Interior, Geological Survey 7.5 minute series topographic map; thence South 63E43' West 1,650 feet to the point of beginning; thence South 28E30' East 625 feet; thence South 61E30' West 350 feet; thence North 28E30' West 625 feet; thence North 61E30' East 350 feet to the point of beginning.

This parcel of water bottoms, containing five (5) " acres more or less, comprises aquaculture lease M-430-14.

Latitude and longitude coordinates of Lease M-430-14 are shown in Table 6.1.-9 below, starting with the northernmost corner of the lease and moving in a clockwise direction.

Table 6.1-9 Latitude and Longitude for Corners of the Polygon Describing Lease M-430-14.

Corner Number	Latitude	Longitude
1.	38:10:20.85	122:54:15.00
2.	38:10:22.15	122:54:11.10
3.	38:10:26.10	122:54:19.69
4.	38:10:28.38	122:54:15.09

6.1.1.9.2 Physical Description of Lease

Lease M-430-14 lies on the east side of Tomales Bay, approximately 0.6 miles northwest of Cypress Grove (Figure 3.3-4). The northwestern corner of the lease  abuts the southeastern boundary of abandoned aquaculture lease No. M-430-08/Parcel 2.

The site for lease M-430-14 is exposed to weather throughout the year but partial protection from storm winds coming from the southeast, during winter and spring months, is provided by the point at Cypress Grove. The shallow water wave height in the area generated by gale force winds is anticipated to range between 3-6 feet. Tidal currents in the area of the parcels probably do not exceed 2 knots with average velocities normally ranging between 0.5-1.3 knots. Water depth in the area of the parcels ranges between 6 and 11 feet at mean lower low water over a silty clay bottom. The inside edge of the parcels lies along the outer edge of the eelgrass beds which generally grow to a depth of 6-7 feet in this area of Tomales Bay.

Water temperatures and salinities in the area of the lease is generally acceptable throughout the year. The mean surface water temperature in the vicinity of lease M-430-14 is approximately 560 F with a range of 48 -64o F. The mean surface salinity in the area is approximately 29o/00. The lowest salinity levels occur during the rainy season when water surface salinities may be reduced to levels as low as 14o/00 for short periods of time during periods of heavy rainfall.  

6.1.1.9.3 Approved Species and Culture Methods

Culture methods approved by the Commission for use on lease M-430-14 include raft and  longline methods of cultivation. Conditions placed on the use of raft and longline culture methods include the following:

5.	Groups (modules) of rafts or longlines will be spaced
a minimum of 16 feet apart to allow for boat passage at median  water levels. 

Species of shellfish approved by the Commission for growout on this lease are Pacific, eastern, and European oysters, and Bay mussels, Manilla and quahog clams, and rock scallops.

6.1.1.9.4 Access

The nearest access to the lease area is from the Miller Park launch ramp 1.6 miles to the northwest. Marshall Boat Works, 1.8 miles to the southeast is an alternative access point.

6.1.1.10 Lease M-430-15

6.1.1.10.1 Boundary Description

All that certain real property situated in the County of Marin, State of California (Figure 3.3-3), described as follows:

In Tomales Bay, Marin County, State of California, starting from Bench Mark 8, located at approximately 38E12'38.7" North latitude, and 122E55'22" West longitude,  on the Tomales Bay quadrangle, Marin County, California, U.S. Dept. of the Interior, Geological Survey 7.5 minute series topographic map; thence North 83E31' West for a distance of 2,749.3 feet to the top of Preston Point Rock lying off the northwest tip of Preston Point; thence North 59E41'20" West 655.05 feet; thence North 6E56'04" West 648.54 feet; thence North 36E6'51" West 454.15 feet; thence North 35E32'16" West 449.04 feet; thence North 51E34'55" West 322.02 feet; thence North 44E01'44" West 363.01 feet to the true point of beginning; thence North 45E West 221.47 feet; thence North 28E48'39" West 397.16 feet; thence South 54E42'25" West 127.91 feet; thence North 36E35'53" West 189.70 feet; thence North 68E37'46" West 214.87 feet; thence North 53E50'31" West 280.16 feet; thence North 81E20'51" West 404.81 feet; thence South 79E06'52" West 230.34 feet; thence South 62E43'24" West 626.46 feet; thence South 39E09'48" West 1,391.37 feet; thence South 33E41'24" East 62.74 feet; thence South 59E22'34" West 1,127.21 feet; thence South 30E49'40" East 628.15 feet; thence South 36E20'51" East 572.48 feet; thence North 84E16'04" East 131.16 feet; thence North 58E07'41" feet to the true point of beginning.

This area of water bottom, containing an area of one hundred twenty-eight and two-tenths (128.2)" acres more or less, comprises aquaculture lease M-430-15.

Updated survey information from Fitzgerald and Associates, dated January 24, 1996, states that the actual area of the lease, as calculated from field measurements, is 124.0 acres, a difference of 4.2 acres from the above legal description's indicated area of 128.2 acres. 

Latitude and longitude coordinates of lease M-430-15 are shown in Table 6.1-10 below, starting with the northernmost corner of the lease and moving in a clockwise direction.

Table 6.1-10 Latitude and Longitude for Corners of the Polygon Describing Lease M-430-15.

Corner Number	Latitude	Longitude
1.	38:13:12.73	122:56:35.28
2.	38:13:10.85	122:56:28.82
3.	38:13:07.67	122:56:22.59
4.	38:13:01.75	122:56:15.81
5.	38:13:39.43	122:56:58.17
6.	38:13:40.08	122:56:02.20
7.	38:13:50.64	122:56:08.96
8.	38:13:52.91	122:56:03.53
9.	38:13:55.90	122:56:56.56
10.	38:13:58.80	122:56:53.47
11.	38:13:06.64	122:56:48.71
12.	38:13:10.08	122:56:44.81
13.	38:13:11.63	122:56:42.52
14.	38:13:12.73	122:56:35.28

6.1.1.10.2 Physical Description of Lease

Lease M-430-15 lies on the east side of Tomales Bay south and east of Toms Point (Figure 3.3-3). The northern and eastern boundaries of the lease are formed by Toms Point and the shoreline lying at the northern end of the bight lying between Toms Point and Preston Point. The ruins of an old oyster fence, built in the early 1900s also lies along the northeastern boundary of the lease.

The lease is protected from northwesterly winds during summer months but is exposed to storm winds coming from the southeast that occur mostly often during the winter and spring months. Water depths within the parcel vary from 1-15 feet at MLLW. The bottom is generally soft, but some hard bottom is found along the southside of Toms Point and along the northeastern shoreline . A considerable area is exposed during minus tides, primarily along the northeastern portion of the lease. The deepest water in the lease is found in a channel in the southwestern corner that runs northeasterly parallel to Toms Point. Considerable beds of eelgrass and other marine vegetation are found in the area southeast of the channel.

A good tidal exchange occurs in the lease area and salinities, generally oceanic in character (>30 ppt) occur except during the rainy season, October through April, when salinities may be reduced by freshwater flows from Walker Creek. The native oyster, Pacific littleneck and Manilla clams occur naturally in the area.

A portion of this lease is restricted to harvest of shellfish by DHS since it currently fails to meet water quality criteria for conditional harvest (Section 4.6.3.1).

6.1.1.10.3 Approved Species and Culture Methods

Commission approved shellfish cultural methods are raft, longline, rack and bag, groundline and bag. Species approved by the Commission for culture are Pacific, eastern, Kumamoto, and European oysters, and bay mussels, and littleneck clams.***ck w/Fred W. 

6.1.1.10.4 Access

Land access to the lease is restricted, as no public roads extend into the onshore area. Upland areas bordering the lease are in private ownership and access must be obtained from the landowners. A public launching ramp is located at Miller Park (Nicks Cove), 1.75 miles southeast of the lease; but commercial use is restricted to boat launching only. The closest commercial facilities are located approximately 4.5 miles south at Marshall. 

6.1.1.11 Lease M-430-17

6.1.1.11.1 Boundary Description

All that certain real property situated in the County of Marin, State of California (Figure 3.3-3), described as follows:

In Tomales Bay, Marin County, State of California, starting from Bench Mark 8, located at approximately 38E12'38.7" North latitude, 122E55'22" West longitude on the Tomales Bay quadrangle, Marin County, California, U.S. Dept. of the Interior Geological Survey 7.5 minute series topographic map; thence North 83E31' West for a distance of 2,749.3 feet to the top of Preston Point Rock, lying off the northeast end of Preston Point; thence South 65E57'51" West 2,128.40 feet; thence South 50E27'48" East 807.00 feet to the true point of beginning; thence South 50E27'48" East 1,423.20 feet; thence South 39E32'12" West 351.00 feet; thence South 50E27'48" East 325.00 feet; thence North 82E23'05" East 1,830.00 feet; thence North 14E30'07" East 912.32 feet; thence North 84E24'28" West 1,020.54 feet; thence South 14E30'07" feet; thence South 82E23'05" West 941.02 feet; thence North 5E35'32" East 750.00 feet; thence North 35E53'07" West 758.44 feet to a line which bears North 46E50'24" East from the true point of beginning; thence South 46E50'24" West 1,028.82 feet to the true point of beginning.

This parcel of water bottoms, containing an area of sixty-one and nine-tenths (61.9) " acres, more or less, comprises aquaculture lease M-430-17.

Latitude and longitude coordinates of lease M-430-17 are shown in Table 6.1-11 below, starting with the northernmost corner of the lease and moving in a clockwise direction.

Table 6.1-11 Latitude and Longitude for Corners of the Polygon Describing Lease M-430-17.

Corner Number	Latitude 	Longitude
1.	38:12:34.11	122:56:01.67
2.	38:12:28.75	122:56:55.69
3.	38:12:22.81	122:56:56.86
4.	38:12:23.22	122:56:47.69
5.	38:12:26.60	122:56:45.48
6.	38:12:25.60	122:56:33.25
7.	38:12:15.37	122:56:35.89
8.	38:12:12.63	122:56:57.40
9.	38:12:15.06	122:56:02.96
10.	38:12:17.66	122:56:59.81
11.	38:12:26.72	122:56:12.57

6.1.1.11.2 Physical Description of Lease

The lease is located on the southern portion of the Walker Creek delta and abuts leases M-430-10 and M-430-11 on the southwestern boundary and lease M-430-04 on the northwestern boundary (Figure 3.3-3***). Depths on the lease range from +1 feet to -4 feet MLLW. The lease is primarily intertidal mudflat with surface sediments composed of clayey silt with some areas of sand-silt-clay. The southwestern portion of the lease contains sparse eelgrass coverage. 

A good tidal exchange occurs in the lease area and salinities, generally oceanic in character (>30 ppt) occur except during the rainy season, October through April, when salinities may be reduced by freshwater flows from Walker Creek. 

6.1.1.11.3 Approved Species and Culture Methods

Commission approved shellfish cultural methods are raft, longline, floats, rack and bag, rack and tray, stake and bag, bottom culture, and in-ground culture with net cover. Species approved by the Commission for culture include: Pacific, Suminoe, eastern, European, and native oysters, Manilla clam, and bay and sea mussels. 

6.1.1.11.4 Access

Access to this lease is primarily by boat but can be reached from the shoreline at Hamlet. Miller Park is located 0.6 miles southeast of the lease and is the closest launch ramp. An alternate site would be the Marshall Boatworks located 4 miles to the southeast.

6.1.1.12 Lease M-430-19

6.1.1.12.1 Boundary Description

Lease description is incorrect according to Curtis and Turk, Inc., surveyors hired by Shellfish Unlimited (Jang, Rebagliati, and Strain). Their August, 7, 1991, correspondance with Emil Smith provides a map and coordinates showing that 430-12 and 13 are on state Hwy 1 and that lease 430-18 is also not correctly described. The lessees requested a corrected lease description from the Department on September 30, 1991. Memo from Ed Dhara to Rob Collins (Sept. 3, 1991, includes changed bearings and distances. The new lease description is included below but whether this was forwarded to the lessees remains unknown by me. Conversation with Martin Strain in December 1998, tends to indicate this was never forwarded (need to check w/Emil or Rob) and the Department requested survey (May 31, 1991) of the lease division also remains uncompleted. 

All that certain real property situated in the County of Marin, State of California (Figure 3.3-5), described as follows:

In Tomales Bay, Marin County, State of California, starting from Bench Mark 42 located at 38E7'44.5" North latitude, 122E51'46.2" West longitude on the Point Reyes northeast quadrangle, Marin County, California, U.S. Dept. of the Interior Geological Survey 7.5 minute series topographic map; thence South 16E46'43" West 929.49 feet; thence North 28E West 541.23 feet to the true point of beginning; thence South 84E19'55" West 1,442.65 feet; thence North 9E West 901.00 feet; thence North 40E50'34" East 530.05 feet; thence South 35E45'50" East 350 feet; thence South 53E45' East 1,150.00 feet; thence South 28E East 208.77 feet to the true point of beginning.

This parcel of water bottoms, containing an area of twenty-five (25) " acres, more or less, comprises aquaculture lease M-430-19.

Latitude and longitude coordinates of lease M-430-19 are shown in Table 6.1-12 below, starting with the northernmost corner of the lease and moving in a clockwise direction.

Table 6.1-12 Latitude and Longitude for Corners of the Polygon Describing Lease M-430-19.

Corner Number	Latitude 	Longitude
1.	38:07:51.88	122:52:01.88
2.	38:07:46.80	122:51:54.19
3.	38:07:43.99	122:51:51.29
4.	38:07:42.87	122:51:47.42
5.	38:07:41.10	122:51:44.72
6.	38:07:39.42	122:52:06.38
7.	38:07:47.38	122:52:07.77

6.1.1.12.2 Physical Description of Lease

Lease M-430-19 lies on the east side of Tomales Bay approximately 0.5  mile north of Tomasini Point and abuts lease M-430-13 to the south and lease M-430-18/Parcel 4 to the north (Figure 3.3-5). Water depth on the lease ranges from 0.00-10 feet at MLLW over a mostly silty-clay bottom. The intertidal portion of the lease has a shallow gravel layer overlaying finer grain sediment. Patchy eelgrass is present on the eastern side of the lease.
The lease is exposed to the prevailing northwesterly winds in the summer months but receives some protection from southeasterly storms occurring during winter and spring months. 

Water turbidity during wet weather is expected to be moderate with turbidity levels reaching from 10-15 NTU during periods of heavy surface run-off. Salinity levels in the parcel area are generally acceptable for shellfish culture throughout the year ranging from 17 ppt at the surface to 25 ppt at the bottom. Surface salinities may drop as low as 12-14 ppt during periods of prolonged rainfall.

6.1.1.12.3 Approved Species and Culture Methods

Pacific, Suminoe, eastern, European, and native oysters, and Manila clams, sea and bay mussels are approved by the Commission for culture on this lease. Longline, rafts, stakes, rack and bag, rack and tray, floats, and bottom culture are the Commission approved culture methods.

6.1.1.12.4 Access

The closest access point to lease M-430-19 is the Marconi Cove Marina located approximately 0.8 mile to the northwest. An alternate access point is located at the Marshall Boat Works approximately 1.8 miles to the northwest.

6.1.2 Abandoned State Water Bottom Leases for Auction

The last auction of abandoned Tomales Bay state water bottom aquaculture leases was in 1989. Since that time, six state water bottom leases have become abandoned by the lessees. Abandoned leases can result from a number of different actions by either the lessee or the Fish and Game Commission. Pertinent sections  from the California Fish and Game Code and the Fish and Game Commission Regulations, Title 14, California Code of Regulations, concerning the leasing of state water bottoms are contained in Section 5.1.3.1. but are briefly summarized below.

Abandonment/Termination

The lessee can: 1) Voluntarily request that the Fish and Game Commission terminate the lease or; 2) Not renew the lease. Either of these actions can result in the lease being declared abandoned and available for leasing.

The Fish and Game Commission can terminate a lease for: 1)  Failure to pay the rent; 2) Failure to meet proof-of-use requirements for planting and harvesting of shellfish or; 3)  Improper use of the lease.

Upon termination of a lease, for any reason, all structures must 
be removed at the lessee's expense from the leasehold, and the area must be restored to its original condition.

Leasing of Abandoned State Water Bottom Leases

Compliance With CEQA

In the previous 1989 lease auction environmental studies were done in lieu of going through the CEQA environmental review process (Appendix ***- Comm. Policy Statement). However, since that time the Commission now believes that the "whole of the action", i.e. the issuance of a number of leases and lease re-alignments, has the potential for resulting in either a direct physical change in the environment or a reasonably forseeable indirect physical change in the environment (CEQA Guidelines Sec. 15378(a)). Additionally, an agency is generally not permitted to "segment" or "piecemeal" a project into small parts if the effect is to avoid full disclosure of environmental impacts and to avoid preparing an EIR.

The Tomales Bay Aquaculture Project has a number of small pieces (i.e., a number of abandoned and proposed new leases, plus a number of proposed lease re-alignments) that make up the whole of the action. By going through the CEQA process and preparing an EIR, a preferred alternative will be identified that may or may not result in the releasing of abandoned leases, creation of new leases, or re-alignment of existing or abandoned lease boundaries. 

EIR Process

The EIR process begins with the decision to prepare an EIR. The Lead Agency decides that there is substantial evidence in light of the whole record that the proposed project may have a significant effect on the environment and an EIR should be prepared. The decision is a result of the preparation of an Initial Study or during preliminary review at the outset of project planning. 

Notice of Preparation and Determination of Scope. Immediately after deciding that an EIR is required for a project, the Lead Agency must send an Notice of Preparation (NOP) stating that an EIR will be prepared and soliciting participation in determining the scope of the EIR to every federal agency involved in approving or funding the project and to each trustee agency responsible for natural resources affected by the project. The NOP should provide sufficient information describing the project and the potential environmental effect to enable responsible agencies to make a meaningful response (CEQA Guidelines sec. 15082). 
Early Public and Agency Consultation.

Preparation of Draft EIR.

Independent Review by Lead Agency.

Notice of Completion Filed.

Public Notice and Review of Draft EIR. 

Written Comments Received.

Responses to Comments Prepared.

Responses Sent to Commenting Agencies.

Final EIR Certified by Lead Agency. Before approving the project, the CDFG must certify that the Final EIR was prepared in compliance with CEQA and was presented to the Fish and Game Commission which reviewed and considered the Final EIR before approving the project (CEQA Guidelines sec. 15090). In addition, the Lead Agency (CDFG) must certify that the EIR reflects the independent judgement of the Lead Agency (Pub. Res. Code sec. 21082.1(c)(3)).     

Agency Decision. Prior to taking action on the project for which this EIR was prepared, the CDFG will need to support its decision on the Tomales Bay Aquaculture Project by preparing written findings of fact for each significant environmental impact identified in the EIR (CEQA Guidelines secs. 15091, 15096(h)). Each finding must contain an ultimate conclusion regarding each significant impact, substantial evidence supporting the conclusion, and an explanation of how the substantial evidence supports the conclusion (CEQA Guidelines sec. 15091) 

Findings Written and Adopted. The CDFG must make one of the following findings:

$	Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.

$	Such changes or alterations are within the responsibility or jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

$	Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR (CEQA Guidelines sec. 15091).

Mitigation Reporting and Monitoring Program Adopted.

Notice of Determination Filed.

Notice of Determination Posted.

Responsible Agency Makes Decision on Project.

If the Commission determines that a water bottom lease is abandoned and available, the Commission shall advertise for bids on the lease.

Re-Alignment of Abandoned Leases 

Four of the six abandoned leases had boundaries re-aligned or were moved from a previous location (Figure *** old and new locations)(Table 6.3-13). One of the re-alignments split lease M-430-08 into two equal halves, resulting in a new total of seven abandoned leases. This initial re-alignment of boundaries resulted from comments received during scoping. The specific basis for each re-alignment is presented in the following portion of this document which describes each abandoned lease (6.1.2.1 through 6.1.2.9***).

Table 6.3-13 Summary of Tomales Bay Re-Aligned Abandoned Leases, Re-Alignment Description, Lease Acreage, Approved Species, and Approved Cultivation Methods.

Lease Parcel
Number	Lease Number	Re-Alignment Description	Lease Acreage	Approved Species For Cultivation	Approved  Cultivation Method
Parcel No. 1	M-430-07	Moved and Reconfigured	11	Pacific and Kumamoto Oysters and Bay Mussels	Raft and Longline
Parcel No. 2 	M-430-08	Split Equally Into Two Parcels, No. 2 & 7	18	Pacific and Kumamoto Oysters and Bay Mussels	Raft and Longline
Parcel No. 3	M-430-09	Reconfigured	10	Pacific and Kumamoto Oysters and Bay Mussels	Raft and Longline
Parcel No. 4	M-430-18	Reconfigured	5	Pacific and Kumamoto Oysters and Bay Mussels	Raft and Longline

Abandoned Lease Descriptions

A total of seven abandoned lease parcels are described in detail in the following portion of this document. The details listed for each lease include: 1)Boundary description; 2)Physical description of the lease; 3)Approved species and culture methods and; 4)Lease access. Table 6.1-4 summarizes some of the abandoned lease information. 

Table 6.1-14 Summary of Abandoned Tomales Bay Aquaculture Leases, Lease Acreage, Approved Species for Cultivation, and Approved Culture Methods. 
Parcel Number	Lease Number	Lease Acreage	Approved Species For Cultivation	Approved Culture Methods 
Parcel No. 1	M-430-07	11	Pacific and Kumamoto Oysters and Bay Mussels	Raft and Lo

                          

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