Title 11 . Natural Resources

Chapter 63 . (No Regulations Filed)

Section 30. Aquatic farmsite lease applications

11 AAC 63.030. Aquatic farmsite lease applications

(a) An aquatic farmsite lease application is subject to 11 AAC 67.007. The application must

(1) be submitted on a multi-agency application form that includes an Alaska Coastal Management Program certification statement;

(2) include the non-refundable application fee required by 11 AAC 05.010;

(3) include a clear identification of the site on a U.S.G.S. map at a scale of 1:63,360 or a navigation chart, and a clear scaled drawing of the proposed site plan and lease boundaries, as required by the application form;

(4) repealed 6/14/98;

(5) comply with all application filing guidelines set under 11 AAC 63.020(c) ; and

(6) state whether the applicant proposes incidental use of the lease site for temporary holding of commercially harvested wild stock acquired under AS 16.

(b) Each application must include sufficient detail on the applicant's proposed site improvements, and the schedule for their proposed installation, to allow the commissioner to determine the amount of the security required under 11 AAC 63.080. The site plan and installation schedule constitute a development plan for the department's purposes. In addition, the applicant shall include in or with the application details such as the amount of rearing structures (gear density), the species to be raised, and expected minimum and maximum production levels for the purposes of review by the Department of Fish and Game under AS 16.40.105 . The development plan must result in commercial use of the site beginning no later than the fifth year of the lease operations and continuing for the rest of the lease term. Commercial use of the site means annual sales of aquatic farm products, as that term is defined in AS 16.40.199 , of at least $3,000 per acre or fraction of an acre, or $15,000 per farm, whichever is less.

(c) Repealed 6/14/98.

(d) Except as provided in 11 AAC 63.040(f) , all complete applications received during an application period are considered to have been simultaneously filed. To reduce cumulative impact on the environment and natural resources of an area, the commissioner will, in the commissioner's discretion, limit the number of leases to be issued in that area. If the number of applications filed for a particular area exceeds the number of sites that the commissioner decides to lease, the commissioner will offer the limited number of lease sites by competitive bid, at either a sealed-bid or oral outcry auction.

(e) If two applications overlap in an area where the commissioner does not propose to limit the number of lease sites, the commissioner will, in the commissioner's discretion, amend the applications to eliminate the overlap, or offer the lease site by competitive bid.

(f) If an application overlaps an existing aquatic farmsite permit or lease that is in good standing, or any other surface lease, as shown on the department's public land records, the commissioner will deny the application. However, the provisions of this subsection do not apply if the application is filed by the lessee of an existing aquatic farmsite.

(g) The commissioner will, in the commissioner's discretion, amend an application to eliminate an overlap or to eliminate or reduce other site or resource use conflicts.

History: Eff. 7/1/89, Register 110; am 6/14/98, Register 146

Authority: AS 38.05.020

AS 38.05.070

AS 38.05.075

AS 38.05.083