00                      CS FOR HOUSE BILL NO. 208(FSH)                                                                    
01 "An Act relating to aquatic farming of shellfish; and providing for an effective date."                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.   AS 38.05.083 is amended by adding a new subsection to read:                                       
04            (g)  Upon the expiration or termination of the lease, a person who holds a lease                             
05       for an aquatic farming site where wild stocks of shellfish indigenous to the site are                             
06       cultured shall, as a condition of the lease, restore the wild stock of shellfish, as                              
07       consistent with sustained yield management of the wild stock, to the population level                             
08       that existed on the site when the operating permit for the site was initially issued by                           
09       the Department of Fish and Game.                                                                                  
10    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
11 read:                                                                                                                   
12       LEASE OF AQUATIC FARMING SITES FOR FARMING OF SHELLFISH.  (a)                                                     
13 The commissioner of natural resources shall offer for lease to the public before July 1, 2003, a                        
14 minimum of 60 sites suitable for suspended culture of shellfish, 20 sites suitable for aquatic                          
15 farming of clams, and 10 sites suitable for aquatic farming of geoducks.  The commissioner                              

01 shall offer the sites for lease by public auction under AS 38.05.075.  The commissioner shall                           
02 offer for lease through offices of the department those sites that were not leased when offered                         
03 at a public auction held under this subsection.  The leases entered into under this subsection                          
04 are subject to AS 38.05.083(b) - (g).  The renewal of the leases entered into under this                                
05 subsection is subject to AS 38.05.083(a).                                                                               
06       (b)  Before offering leases for aquatic farming sites under (a) of this section, the                              
07 commissioner of natural resources shall solicit nominations of sites suitable for aquatic                               
08 farming of clams, geoducks, and other shellfish from the aquatic farming industry in the state                          
09 and the public.  The commissioner of natural resources, in consultation with the Department                             
10 of Fish and Game and the Department of Environmental Conservation, shall identify sites                                 
11 suitable for aquatic farming of clams, geoducks, and other shellfish.  The sites identified by                          
12 the commissioner must include sites in areas of the state where aquatic farming activities are                          
13 already occurring.  Aquatic farming sites for on-bottom culture of shellfish must be located in                         
14 areas where either (1) an indigenous population of the shellfish species to be cultivated is not                        
15 present, or (2) if an indigenous population of the shellfish species to be cultivated is present,                       
16 aquatic farming of the shellfish species would not interfere with an established commercial,                            
17 subsistence, or personal use fishery.  After the commissioner has published the final list of                           
18 sites suitable for farming of clams, geoducks, and other shellfish, the commissioner shall offer                        
19 the sites for lease in accordance with (a) of this section.                                                             
20       (c)  The aquatic farming sites that are offered for lease under this section are in                               
21 addition to those offered by the commissioner of natural resources under regulations adopted                            
22 by the Department of Natural Resources under AS 38.05.083.  Aquatic farming leases issued                               
23 under AS 38.05.083 before the effective date of this Act may not be counted toward the                                  
24 satisfaction of the requirement established by (a) of this section; however, leases for aquatic                         
25 farming sites that are issued after the effective date of this Act on the basis of lease                                
26 applications filed with the department before the effective date of this Act may be counted                             
27 toward the satisfaction of the requirement established by (a) of this section.                                          
28    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).