00 HOUSE BILL NO. 95 01 "An Act relating to permits for aquatic farming of geoducks." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03  * Section 1. AS 16.40 is amended by adding a new section to read: 04 Sec. 16.40.115. Permits relating to aquatic farming of geoducks. (a) The 05 commissioner shall issue a permit under AS 16.40.100 to operate an aquatic farm for 06 geoducks, at a site where an indigenous population of geoducks is not present and 07 where a preexisting commercial fishery does not occur, within 30 days after the later 08 of 09 (1) approval of the development and operation plan for aquatic farming 10 of geoducks at the site; 11 (2) the determination that the proposed aquatic farm is consistent with 12 the Alaska coastal management program; and 13 (3) a finding by the commissioner of natural resources that the 14 issuance of a lease for the site for an aquatic farm is in the best interest of the state. 15 (b) The commissioner shall issue a permit under AS 16.40.100 to operate an 01 aquatic farm for geoducks, at a site where an indigenous population of geoducks is 02 present and where a preexisting commercial fishery does not occur, within 90 days 03 after the later of 04 (1) approval of the development and operation plan for aquatic farming 05 of geoducks at the site; 06 (2) the completion of a resource inventory and biomass survey of the 07 site by the department; 08 (3) the determination that the proposed aquatic farm is consistent with 09 the Alaska coastal management program; and 10 (4) a finding by the commissioner of natural resources that the 11 issuance of a lease for the site for an aquatic farm site is in the best interest of the 12 state. 13 (c) Before a permit is issued under AS 16.40.100 to operate an aquatic farm 14 for geoducks at a site where an indigenous population of geoducks is present, the 15 department shall conduct a resource inventory and biomass survey of the site. The 16 applicant for an aquatic farming permit for the site shall pay the reasonable costs of 17 the resource inventory and biomass survey conducted by the department. 18 (d) Upon issuance of a permit to operate an aquatic farm for geoducks at a site 19 where an indigenous population of geoducks is present, the site is closed to 20 commercial fishing for geoducks by all persons other than the permit holder while the 21 permit is in effect. The site may be opened for sport, personal use, or subsistence 22 fishing for indigenous geoducks under regulations adopted by the commissioner. 23 (e) A person who holds a permit to operate an aquatic farm for geoducks at a 24 site where an indigenous population of geoducks is present may not harvest more than 25 20 percent of the original indigenous population of geoducks present on the site in a 26 calendar year. Following the first complete calendar year after the permit was initially 27 issued for the site, the permit holder may not harvest indigenous geoducks from the 28 site during a calendar year unless the commissioner has determined that the geoduck 29 population restoration requirements established by the commissioner for the prior 30 calendar year have been satisfied. The requirements of this section do not apply to 31 geoducks planted on the site by the permit holder; however, the permit holder is not 01 exempt from (f) of this section. 02 (f) Upon the expiration or termination of a permit to operate an aquatic farm 03 for geoducks at a site where an indigenous population of geoducks was present when 04 the permit was issued, the permit holder shall, as a condition of the permit, restore the 05 population of geoducks, as consistent with sustained yield management of geoducks, 06 to the population level that existed on the site at the time when the permit was issued. 07 (g) For purposes of this section, a preexisting commercial fishery does not 08 occur at a site if 09 (1) a commercial fishing resource assessment survey has not been 10 completed for the site by the department before the date on which an application for an 11 aquatic farm permit for the site is submitted to the department; or 12 (2) a commercial fishing resource assessment survey has been 13 completed for the site by the department before the date on which an application for an 14 aquatic farm permit for the site is submitted to the department and the department has 15 determined that the site will not be opened to commercial fishing for geoducks. 16  * Sec. 2. AS 16.40.120 is amended by adding a new subsection to read: 17 (h) Notwithstanding other provisions of this section, following the issuance of 18 a permit to operate an aquatic farm for geoducks at a site where an indigenous 19 population of geoducks is present, the commissioner shall issue an aquatic stock 20 acquisition permit authorizing the holder of the aquatic farm permit to cultivate and 21 harvest the indigenous populations of geoducks present on the site. 22  * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. AS 16.40.115, added by sec. 1 of this Act, and AS 16.40.120(h), 25 added by sec. 2 of this Act, apply to persons who, as of the effective date of this Act, have 26 applied for, but have not received, an aquatic farm permit for geoducks under AS 16.40.100 27 and to persons who apply for an aquatic farm permit for geoducks under AS 16.40.100 on or 28 after the effective date of this Act.