Section 5.41.257. Security requirements for wild stock geoduck restoration.

	(a)  Within one year after the harvest of wild stock geoducks on an aquatic farm site begins, the aquatic farm operation permit holder shall provide to the department proof under (b) of this section that the permit holder has reseeded the aquatic farm site where the wild stock geoducks were harvested. The reseeding must be based on a ratio of five hatchery-produced spat to one geoduck harvested. The number of geoducks to be reseeded is based on the fish ticket data from the sale of wild stock.  
	(b)  The aquatic farm operation permit holder shall submit proof of reseeding information for an aquatic farm site to the department, including the following:  
		(1) a completed proof of reseeding form provided to the permit holder by the department;  
		(2) a bill of sale from a state approved hatchery showing purchase of geoduck spat that provides the  
			(A) number of spat shipped;  
			(B) name of the permit holder the spat was shipped to; and  
			(C) size of geoduck spat shipped;  
		(3) a transport permit from a hatchery or nursery showing the transport of spat to the specific aquatic farm site;  
		(4) repealed 1/26/2012;  
		(5) repealed 1/26/2012.  
	(c)  An aquatic farm operation permit holder that fails to provide proof of fully reseeding the aquatic farm site within one year after harvest begins as required under this section, shall immediately file with the commissioner a certificate of deposit or security bond in the amount that the commissioner determines is necessary to cover the cost of the purchase of hatchery geoduck spat sufficient to fully reseed the aquatic farm site based on the removal of wild stock geoducks as specified in (a) of this section. An aquatic farm permit holder that fails to provide a certificate of deposit or security bond due to the permit holder's failure to reseed the farm site may result in a forfeiture of the permit holder's aquatic farm operation permit.  
	(d)  The certificate of deposit or security bond will be returned to the aquatic farm operation permit holder if the permit holder provides proof to the commissioner that the reseeding of the stock has occurred at the aquatic farm site as specified in (b) of this section. The commissioner will return the certificate of deposit or security bond to the permit holder no later than three months after the commissioner has determined that the permit holder has complied with the reseeding of wild stock requirements.  
	(e)  If the aquatic farm operation permit holder fails to meet the restoration of wild stock requirements upon termination of the aquatic farm site lease and operation permit, the permit holder is in violation of the required provisions specified in AS 16.40.100(e), and of this section, and responsible for reimbursing the state for all costs associated with restoring the wild stock geoduck to the populations levels that existed at the aquatic farm site when the farm site was initially permitted.  
	(f)  The provisions of this section do not apply to a person who holds a permit for an aquatic farm site that does not contain wild stock geoducks.  
	(g)  Repealed 1/26/2012.  

Authorities

16.05.050;16.05.092;16.40.100;16.40.160

Notes

Reference

5 AAC 41.258

Authority

AS 16.05.050 AS 16.05.092 AS 16.40.100 AS 16.40.160

History

Eff. 11/25/2005, Register 176; am 1/29/2010, Register 193; am 1/26/2012, Register 201