(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 or
aquatic plants of the same species being cultured that have been commercially
or recreationally harvested, unless the commercially or recreationally
harvested animals or aquatic plants 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(4) repealed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 ex-vessel 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.
