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Article 4
Aquatic Farming

Section

200. Applicability of regulations.

210. (Repealed).

220. Aquatic farm and hatchery operation permit applications.

230. Additional information.

235. Determination of insignificant population.

240. Review and determination.

245. (Repealed).

246. Harvest of insignificant population on aquatic farm site.

250. Permit conditions.

255. Amendments to aquatic farm or hatchery operation permits.

257. Security requirements for wild stock geoduck restoration.

258. Determination of geoduck status.

260. Inspection of an aquatic farm or hatchery.

270. Fish ticket; reporting requirement and annual report.

275. (Repealed).

276. Hatchery management plans and reports.

277. Marking requirement for aquatic farm or hatchery site.

280. Permit renewal or transfer.

285. Aquatic stock acquisition on an aquatic farm site.

290. Aquatic stock acquisition from outside an aquatic farm site.

295. Stock transport permits.

300. (Repealed).

310. Disease control and inspection.

390. Appeal process.

400. Definitions.

5 AAC 41.200. Applicability of regulations

The provisions of 5 AAC 41.200 - 5 AAC 41.400

(1) apply to applications for, and review and issuance of,

(A) aquatic farm and hatchery operation permits;

(B) stock acquisition and transport permits; and

(C) shellfish and aquatic plant transfer permits; and

(2) establish procedures regarding the operation of permitted aquatic farms and hatcheries.

History: Eff. 4/10/88, Register 106; am 8/12/89, Register 111; am 6/17/2001, Register 158; am 5/19/2005, Register 174; am 1/29/2010, Register 193

Authority: AS 16.05.050

AS 16.05.092

AS 16.40.100

AS 16.40.160

5 AAC 41.210. Permit required

Repealed.

History: Eff. 4/10/88, Register 106; am 8/12/89, Register 111; repealed 6/17/2001, Register 158

5 AAC 41.220. Aquatic farm and hatchery operation permit applications

(a) An applicant for an aquatic farm or hatchery operation permit that requires the use of state tideland or submerged land managed by the Department of Natural Resources (DNR) must submit, during an application filing period under 11 AAC 63.020, the multi-agency application identified in 11 AAC 63.030 to DNR for subsequent distribution to the department under 11 AAC 63.

(b) An applicant for an aquatic farm or hatchery operation permit that does not require the use of state tideland or submerged land managed by DNR may obtain the multi-agency application identified in 11 AAC 63.030 from the department and submit it to the department at any time. Acceptance and review of an application by the department does not relieve the applicant from compliance with any other requirements of federal, other state, or local agencies for the operation of an aquatic farm or hatchery.

(c) An application for an aquatic farm submitted by the current operation permit holder will only be accepted by the department if all conditions of the existing aquatic farm or hatchery operation permit are met.

(d) An application for an aquatic farm or hatchery operation permit submitted under (a) or (b) of this section must include information that the commissioner requires to verify that the applicant meets the requirements of AS 16.40.100 - 16.40.199 and 5 AAC 41.200 - 5 AAC 41.400.

(e) Except as specified for geoducks in (f) of this section, an application for a proposed on-bottom culture aquatic farm site must include a user fee for a survey of the initial abundance of the species intended for culture. A survey of the proposed aquatic farm site will be conducted by the department, a person approved by the department to conduct the survey with oversight from the department, or an alternative method in a cooperative effort between the department and the applicant. The department will, to the extent practicable, work with the applicant to reduce the cost of the user fee for a survey. The department will cap the user fee for the survey as follows:

(1) for a subtidal survey: no more than $5,000 per aquatic farm site, per day;

(2) for an intertidal survey: no more than $2,000 per aquatic farm site, per day.

(f) The user fee for a survey of initial abundance of geoducks for a proposed on-bottom culture aquatic farm site is required with the application under (e) of this section, and a survey of the proposed aquatic farm site will be conducted, only if the commissioner determines that the site is subtidal and located in a larval drift zone described in 5 AAC 41.295(f) (1).

(g) The commissioner will determine the order that applications are reviewed and surveys are conducted under this section.

History: Eff. 4/10/88, Register 106; am 8/12/89, Register 111; am 12/16/98, Register 148; am 6/17/2001, Register 158; am 1/20/2002, Register 161; am 5/19/2005, Register 174; am 11/25/2005, Register 176; am 2/16/2013, Register 205

Authority: AS 16.05.050

AS 16.05.092

AS 16.40.100

AS 16.40.105

AS 16.40.110

AS 16.40.145

AS 16.40.160

5 AAC 41.230. Additional information

If, after an application has been submitted to the department, the department determines that information in the application is insufficient for an adequate evaluation of the proposed aquatic farm or hatchery, the department will request additional information from the applicant to be submitted within 30 days of the date of the request for additional information. If the additional information is not received by the department within 30 days of the date of the request, the department will deny the application.

History: Eff. 4/10/88, Register 106; am 8/12/89, Register 111; am 6/17/2001, Register 158; am 5/19/2005, Register 174

Authority: AS 16.05.050

AS 16.05.092

AS 16.40.100

AS 16.40.105

AS 16.40.110

AS 16.40.160

5 AAC 41.235. Determination of insignificant population

For the purposes of 5 AAC 41.200 - 5 AAC 41.400, the commissioner determines that an insignificant population of

(1) geoducks is

(A) no more than 12,000 pounds of geoducks on a six-acre aquatic farm site; or

(B) an average of no more than 2,000 pounds per acre of an aquatic farm site;

(2) shellfish, other than geoducks, is the amount that, as determined by the commissioner on a case-by-case basis, will not attract and support a commercial fishery for that species of shellfish and the harvest and sale of the shellfish will not result in significant alteration in traditional fisheries or other uses of fish and wildlife resources if the population is included within the aquatic farm.

History: Eff. 11/25/2005, Register 176

Authority: AS 16.05.050

AS 16.05.092

AS 16.40.100

AS 16.40.105

AS 16.40.110

AS 16.40.160

AS 16.40.199

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