Lease Assignment for State Water Bottom M-430-06

2025040309

California Fish and Game Commission (CDFGC)

NOE - Notice of Exemption

4/4/2025

4/4/2025

Melissa Miller-Henson

California Fish and Game Commission

Executive Director

Lead/Public Agency

715 P Street 16th Floor
Sacramento, CA 95814

(916) 653-4899

FGC@fgc.ca.gov

Chris Starbird

Starbird Mariculture Incorporated

President

Project Applicant

P.O. Box 226
Tomales, CA 94971

(415) 517-5111

chrisstarbird@gmail.com

The existing lease encompasses approximately 10 acres of state water bottoms in the County of Marin at Tomales Bay, near Marconi Cove, closest to the street address: 17991 Shoreline Hwy 1, Marshall, CA 94940

Categorical Exemption

Class 1, Section 15301

The California Fish and Game Commission (Commission) took final action on February 13, 2025 to assign State Water Bottom Lease M-430-06 from Cove Mussel Co., LLC to Starbird Mariculture Incorporated. In taking its final agency action for the purposes of the California Envi-ronmental Quality Act (CEQA), the Commission approved the lease assignment relying on the categorical exemption for “Existing Facilities” contained in CEQA Guidelines Section 15301 (California Code of Regulations, Title 14, Section 15301). Class 1 Categorical Exemption In general, the Class 1 exemption consists of leasing existing facilities, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. All provisions of the lease are identical to the original lease, with the exception of additional monitoring and reporting requirements to ensure the site is properly maintained. This lease does not increase, decrease, or change existing operations or allow for any new activities by the lessee. The Commission finds that the lease renewal is subject to the “Class 1” or “Existing Facilities” categorical exemption pursuant to CEQA Guidelines Section 15301. In general, the Class 1 exemption consists of the leasing of existing facilities, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The subject lease as-signment falls within the Class 1 exemption because it is assigning an already existing lease agreement and uses the same lease boundary, approved species, and operation. It also en-hances marine debris removal requirements. All provisions of the lease remain in effect, with the exception of additional monitoring and reporting requirements to ensure the site is properly maintained and updates to contact information. This lease does not increase, decrease, or change existing operations in any way or allow for any new activities by the lessee. With regard to the exceptions to the categorical exemptions set forth in CEQA Guidelines sec-tion 15300.2, including the prospect of unusual circumstances and related effects, Commission review was guided by the California Supreme Court’s decision in Berkeley Hillside Preserva-tion v. City of Berkeley (2015) 60 Cal. 4th 1086. The Commission reviewed all of the available information in its possession relevant to the issue and does not believe authorizing the assign-ment poses any unusual circumstances that would constitute an exception to the cited categor-ical exemption and has no significant impacts from unusual circumstances because: (a) the project is an activity that falls within the Class 1 categorical exemption, and (b) the project is not unusual compared to activities that fall within this class generally. The same is true with respect to, among other things, the location, duration, and project-specific setting. The Commission does not believe there is anything unusual about the project that might give rise directly or indi-rectly to any related potentially significant effect. Neither does the Commission believe there is anything unusual about the project that would contribute to cumulative effects. This project in-volves ongoing aquaculture operations and does not include any changes in the culture meth-ods or species currently approved by the Commission for the lease. In short, the Commission does not believe reliance on the Class 1 categorical exemption to ap-prove the project under CEQA is precluded by the exceptions set forth in CEQA Guidelines Section 15300.2.