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22nd Legislature(2001-2002)

Bill Text 22nd Legislature


00                             HOUSE BILL NO. 208                                                                          
01 "An Act relating to aquatic farming of shellfish; and providing for an effective date."                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 38.05.083(c) is amended to read:                                                                
04            (c)  A site may be leased under this section for not less than the appraised fair                            
05       market value of the lease.  The value of the lease shall be reappraised every five years.                         
06       In determining the fair market value of a lease for an aquatic farming site where                             
07       shellfish indigenous to the site are cultured, the department shall consider the                              
08       value of the harvestable shellfish resource on the site and the potential                                     
09       productivity of the site for cultured shellfish.                                                              
10    * Sec. 2.  AS 38.05.083  is amended by adding a new subsection to read:                                            
11            (g)  Upon the expiration or termination of the lease, a person who holds a lease                             
12       for an aquatic farming site where wild stocks of shellfish indigenous to the site are                             
13       cultured shall, as a condition of the lease, restore the wild stock of shellfish, as                              
14       consistent with sustained yield management of the wild stock, to the population level                             
15       that existed on the site when the lease was initially issued.                                                     
01    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
02 read:                                                                                                                   
03       LEASE OF AQUATIC FARMING SITES FOR FARMING OF SHELLFISH.  (a)                                                     
04 The commissioner of natural resources shall offer for lease to the public before July 1, 2002, a                        
05 minimum of 60 sites suitable for suspended culture of shellfish, 20 sites suitable for aquatic                          
06 farming of clams, and 10 sites suitable for aquatic farming of geoducks.  The commissioner                              
07 shall offer the sites for lease by public auction under AS 38.05.075.  The leases are subject to                        
08 AS 38.05.083(b) - (g).  The renewal of the leases is subject to AS 38.05.083(a).                                        
09       (b)  Before offering leases for aquatic farming sites under (a) of this section, the                              
10 commissioner of natural resources shall solicit nominations of sites suitable for aquatic                               
11 farming of clams, geoducks, and other shellfish from the aquatic farming industry in the state                          
12 and the public.  The commissioner of natural resources, in consultation with the Department                             
13 of Fish and Game and the Department of Environmental Conservation, shall identify sites                                 
14 suitable for aquatic farming of clams, geoducks, and other shellfish.  The sites identified by                          
15 the commissioner must include sites in areas of the state where aquatic farming activities are                          
16 already occurring.  Aquatic farming sites for on-bottom culture of shellfish must be located in                         
17 areas where either (1) an indigenous population of the shellfish species to be cultivated is not                        
18 present, or (2) if an indigenous population of the shellfish species to be cultivated is present,                       
19 aquatic farming of the shellfish species would not interfere with an established commercial,                            
20 subsistence, or personal use fishery.  After the commissioner has published the final list of                           
21 sites suitable for farming of clams, geoducks, and other shellfish, the commissioner shall offer                        
22 the sites for lease in accordance with (a) of this section.                                                             
23       (c)  The aquatic farming sites that are offered for lease under this section are in                               
24 addition to those offered by the commissioner of natural resources under regulations adopted                            
25 by the Department of Natural Resources under AS 38.05.083.  Aquatic farming leases issued                               
26 under AS 38.05.083 before the effective date of this Act may not be counted toward the                                  
27 satisfaction of the requirement established by (a) of this section; however, leases for aquatic                         
28 farming sites that are issued after the effective date of this Act on the basis of lease                                
29 applications filed with the department before the effective date of this Act may be counted                             
30 toward the satisfaction of the requirement established by (a) of this section.                                          
31    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).                                                
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