Section 5.41.220. 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.  

Authorities

16.05.050;16.05.092;16.40.100;16.40.105;16.40.110;16.40.145;16.40.160

Notes

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

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