Section 5.41.250. Permit conditions.

	(a)  The commissioner will attach conditions to an aquatic farm or hatchery operation permit, including requirements that a permit holder  
		(1) improve the productivity of the species intended for culture according to the operation and development plan;  
		(2) limit an aquatic farm or hatchery to the culture of species approved by the department;  
		(3) not store or otherwise possess animals of the same species being cultured that have been commercially or recreationally harvested, unless the commercially or recreationally harvested animals are clearly separated from cultured species, labeled, and if applicable, accompanied with a receipt of purchase;  
		(4) repealed 1/26/2012;  
		(5) prevent aquatic farm and hatchery operations from significantly altering an established use of fish and wildlife resources;  
		(6) conduct aquatic farm and hatchery operations in a manner that avoids significantly affecting fish, wildlife, and their habitats in an adverse manner;  
		(7) avoid adverse effects of predator exclusion methods on the environment and incidental species;  
		(8) report all acquisitions of wild stock of the species intended for culture;  
		(9) report observations of non-native or exotic species occurring on the aquatic farm site;  
		(10) except for wild stock removed by a common property fishery, as provided in AS 16.40.100(e), upon termination of a permit for on-bottom culture, leave an approximate number of the species that were approved for culture on the aquatic farm site sufficient to restore the population to the level that was present when the site was permitted for use as an aquatic farm or hatchery;  
		(11) if the commissioner authorizes the removal and sale of the excess amount of wild stock from an aquatic farm site under AS 16.40.100(f), pay reasonable compensation to the state as determined by the commissioner under this paragraph for the harvest and sale of the excess wild stock; the commissioner will specify a reasonable amount of time, not to exceed five years, in the operation permit for the permit holder to harvest and sell the excess amount of wild stock; for the purposes of this paragraph, the commissioner determines that reasonable compensation is a proportion of whichever is the greater of the average exvessel price paid in the most recent commercial fishery or the amount paid at the first point of sale; the proportion for  
			(A) live geoducks is 21 percent;  
			(B) processed geoducks is 8 percent;  
			(C) shellfish, other than geoducks, will be determined by the commissioner on a case-by-case basis.  
	(b)  An aquatic farm or hatchery operation permit will be issued for a period of 10 years.  
	(c)  If the commissioner determines that the holder of an aquatic farm or hatchery operation permit is not complying with the permit conditions, or is not in compliance with the provisions of AS 16.40.100 - 16.40.199 or 5 AAC 41.200 - 5 AAC 41.400, the commissioner will notify the permit holder in writing of the non-compliance. Within 30 days after the date of the notification, the permit holder shall provide the commissioner with a plan to correct the noncompliance. If the commissioner approves the plan to correct the non-compliance, the department will notify the permit holder of the approval, and will provide the permit holder 90 days after the date of that notification to implement the plan to comply with the permit conditions. If the permit holder does not comply with the permit conditions within 90 days after the date of the notification, the commissioner may revoke the permit.  

Authorities

16.05.050;16.05.092;16.40.100;16.40.160

Notes

Reference

5 AAC 41.260
5 AAC 41.390

Authority

AS 16.05.050 AS 16.05.092 AS 16.40.100 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 5/19/2005, Register 174; am 11/25/2005, Register 176; am 1/29/2010, Register 193; am 1/26/2012, Register 201