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(a) This chapter applies to aquatic farmsite leases issued under AS 38.05.083 for the development and operation of an aquatic farm or related hatchery, as the terms "aquatic farm" and "hatchery" are defined in AS 16.40.199 . An aquatic farmsite lease will, in the commissioner's discretion, be issued for tideland, submerged land, and shoreland managed by the department under AS 38, but will not include land within a state park or other land that has been withdrawn from the state public domain. The aquatic farmsite lease will, in the commissioner's discretion, authorize (1) associated storage and housing facilities, including facilities on adjacent upland managed by the department under AS 38, in accordance with 11 AAC 63.040, and (2) incidental use of the lease site for temporary holding of commercially harvested wild stock acquired under AS 16.
(b) Repealed 6/14/98.
(c) A person who wants to acquire a property right to develop a site into an aquatic farm may apply for an aquatic farmsite lease in accordance with 11 AAC 63.030. A lease applicant might be eligible for a preference right if the applicant has an aquatic farmsite permit under former AS 38.05.856 (11 AAC 63.090(a)) or is an upland owner or lessee (11 AAC 63.040(f) ). A preference right is not an entitlement to receive the lease, but it protects the applicant against some or all competition for it.
History: Eff. 7/1/89, Register 110; am 6/14/98, Register 146
Authority: AS 38.05.020
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Last modified 7/05/2006