Section 11.63.090. Transition; existing operator preference right; permits under AS 38.05.850.

	(a)  If the commissioner finds that it is in the state's best interest to issue an aquatic farmsite lease, a person who has an aquatic farmsite permit in good standing that was issued under former AS 38.05.856 for that site has a preference right to the aquatic farmsite lease if  
		(1) by October 1, 1998, the person has developed an aquatic farmsite under former AS 38.05.855, as defined in 11 AAC 63.900(b); and  
		(2) the person applied for the site by October 20, 1997.  
	(b)  Repealed 6/14/98.  
	(c)  A person who has a permit issued under AS 38.05.850 and (e) of this section for research does not have a preference right to an aquatic farmsite lease that might be issued for the site.  
	(d)  Repealed 6/14/98.  
	(e)  Except as follows, a new permit will not be issued under AS 38.05.850 for aquatic farming purposes:  
		(1) A person may obtain a revocable permit under AS 38.05.850 solely for research or, to the extent allowed by 11 AAC 96, may undertake research without a permit from the department. Research includes placing data collecting equipment and organisms in the water. A permit may not be issued under AS 38.05.850 for testing the site's suitability for aquatic farming. The department will not issue a permit under this paragraph unless the Department of Fish and Game determines that the permit is for scientific rather than commercial purposes.  
		(2) In an emergency, the director will use the director's discretion under AS 38.05.850 to authorize the relocation of rafts or other rearing structures to another location until the emergency ends.  

Authorities

38.05.020;38.05.083;38.05.850

Notes

Reference

11 AAC 63.010
11 AAC 63.040

Authority

AS 38.05.020 AS 38.05.083 AS 38.05.850 Sec. 40, ch. 91, SLA 1997

History

Eff. 7/1/89, Register 110; am 6/14/98, Register 146