(a) The
commissioner will review aquatic farm and hatchery operation permit
applications, department surveys, and other site specific information and will
issue an aquatic farm or hatchery operation permit if the commissioner
determines that, to the extent practicable,
(1) the physical and biological
characteristics of the location are suitable for culture because
(A) the operation is protected from
oceanographic and atmospheric extremes or is designed to withstand such
extremes;
(B) the water exchange
rates, water temperatures, currents, salinity, and primary productivity are
sufficient to support an aquatic farm and maintain a healthy environment for
other marine organisms;
(C) for
on-bottom culture, the substrate composition is suitable for the target species
or can be enhanced and still maintain a healthy environment for other marine
organisms;
(D) for suspended
culture, the water depth is sufficient to prevent gear from grounding and
impacting the benthos under floating structures;
(E) the health and abundance of eelgrass and
kelp beds can be maintained;
(F)
the operation is not located within 300 feet of the mouth of an anadromous fish
stream;
(2) the proposed
aquatic farm or hatchery does not significantly alter an established
use;
(3) the proposed aquatic farm
or hatchery is compatible with fish and wildlife resources in the area, and
(A) any predator and pest control methods
have been designed to minimize impacts to non-targeted fish and wildlife
resources in the area;
(B) does not
adversely impact seabird colonies, sea lion haulouts and rookeries, seal
haulouts and pupping areas, and walrus haulouts;
(C) does not adversely impact endangered and
threatened species recovery and habitat protection efforts;
(4) for on-bottom culture
proposals for all other indigenous species where wild stock exists, the
commissioner has offered an opportunity to harvest the species;
(5) the proposed aquatic farm or hatchery
operation and development plan demonstrates feasibility by describing how
(A) the operation will improve the
productivity of the species intended for culture above what would occur in
natural conditions using methods that may include
(i) predator exclusion;
(ii) the reduction of competing
species;
(iii) density manipulation
by culling and redistribution;
(iv)
import of naturally-produced seed from either onsite or offsite;
(v) import of hatchery-produced
seed;
(vi) programming harvest to
optimize growth and shellfish condition; and
(vii) habitat improvement;
(B) repealed 1/26/2012;
(C) repealed 1/26/2012;
(D) any support facilities, culture gear, and
anchoring systems will be installed and maintained;
(E) the projected harvest rotation schedule
is consistent with the life history of the species intended for
culture;
(6) the
proposed aquatic farm site contains an insignificant population of the species
intended for culture, as determined under
5
AAC 41.235.
(b) Under AS l6.40.l00(g), the commissioner
will issue an aquatic farm operation permit under this section for an on-bottom
culture aquatic farm site for geoducks located in a larval drift zone described
in 5 AAC 41.295(f)
(2) - (6) only if the site is in a subtidal
habitat or environment and the requirements of (a) of this section are
met.
(c) The commissioner will
approve or deny, in writing, an operation permit for an aquatic farm or
hatchery no later than 30 days after the lease is issued by the Department of
Natural Resources under 11 AAC 63, unless the commissioner determines that
additional review is necessary to determine compliance with the applicable
provisions of
AS
16.40.100-16.40.199 and
5
AAC 41.200 -
5
AAC 41.400.
