Enrolled HB 198: Relating to aquatic plant and shellfish farming; and providing for an effective date.

00Enrolled HB 198 01 Relating to aquatic plant and shellfish farming; and providing for an effective date. 02 _______________ 03 * Section 1. AS 16.40.100(b) is amended to read: 04 (b) A permit issued under this section authorizes the permittee, subject to the 05 conditions of AS 16.40.100 - 16.40.199 and AS 17.20, to 06 (1) acquire, purchase, offer to purchase, transfer, possess, sell, and 07 offer to sell stock and aquatic farm products that are used or reared at the hatchery or 08 aquatic farm; and 09 (2) except as provided in (f) of this section, harvest and, without 10 further cultivation, sell an insignificant population that may be present at the 11 aquatic farm site of a wild stock of a shellfish species intended to be cultured at 12 the site [. A PERSON WHO HOLDS A PERMIT UNDER THIS SECTION MAY 13 SELL OR OFFER TO SELL SHELLFISH STOCK TO THE DEPARTMENT OR TO

01 AN AQUATIC FARM OR RELATED HATCHERY OUTSIDE OF THE STATE]. 02 * Sec. 2. AS 16.40.100(e) is amended to read: 03 (e) Upon the expiration or termination of a permit issued under this section, a 04 person who holds a permit for an aquatic farming site where wild stocks of shellfish 05 indigenous to the site are cultured shall, as a condition of the permit, restore the wild 06 stock of shellfish, as consistent with sustained yield management of the wild stock, to 07 the population level that existed on the site when the permit for the site was initially 08 issued by the commissioner. A permit holder is not required to restore that 09 portion of the wild stock of shellfish that was removed from an aquatic farming 10 site by a common property fishery conducted after the issuance of the permit for 11 the aquatic farming site. 12 * Sec. 3. AS 16.40.100 is amended by adding a new subsection to read: 13 (f) If the wild stock of a shellfish species to be cultured at an aquatic farm site 14 exceeds the amount determined by the department to be an insignificant population 15 and if the commissioner determines in writing that removal from the site of that 16 portion of the stock that exceeds an insignificant population would benefit the public 17 and that removal of the stock by a person other than the permittee would unreasonably 18 interfere with the operation of the aquatic farm, the commissioner may authorize the 19 permittee to remove and sell the excess amount of the wild stock from the site, if the 20 permittee pays reasonable compensation, as defined by the department, to the 21 department for the harvest and sale of the excess wild stock. The department shall 22 deposit the money received under this subsection into the general fund. The 23 legislature may appropriate the money received under this section to the department 24 for shellfish management and enhancement. 25 * Sec. 4. AS 16.40.105 is amended to read: 26 Sec. 16.40.105. Criteria for issuance of permits. The commissioner shall 27 issue permits under AS 16.40.100 on the basis of the following criteria: 28 (1) the physical and biological characteristics of the proposed farm or 29 hatchery location must be suitable for the farming or the shellfish or aquatic plant 30 proposed; 31 (2) the proposed farm or hatchery may not require significant

01 alterations in traditional fisheries or other existing uses of fish and wildlife resources; 02 (3) the proposed farm or hatchery may not significantly affect 03 fisheries, wildlife, or their habitats in an adverse manner; [AND] 04 (4) the proposed farm or hatchery plans and staffing plans must 05 demonstrate technical and operational feasibility; and 06 (5) the proposed farm site may not include more than an 07 insignificant population of a wild stock, on the site, of a shellfish species intended 08 to be cultured. 09 * Sec. 5. AS 16.40 is amended by adding a new section to read: 10 Sec. 16.40.155. Records and reports confidential. Records required by 11 statute or by a regulation adopted by the department concerning aquatic farm stocks or 12 production, prices, and harvests of aquatic farm products and wild stocks, and annual 13 statistical reports of individual aquatic farms or hatcheries required by statute or by a 14 regulation adopted by the department are confidential and may not be released by the 15 department, except that the department may release the records and reports 16 (1) to the Department of Revenue and the Department of Natural 17 Resources to assist the departments in carrying out their respective statutory 18 responsibilities; 19 (2) as necessary to comply with a court order; 20 (3) provided by an aquatic farm or hatchery permit holder to the permit 21 holder whose activity is the subject of the records or reports; 22 (4) regarding cumulative annual harvests of wild stocks at individual 23 aquatic farm sites. 24 * Sec. 6. AS 16.40.199 is amended by adding a new paragraph to read: 25 (9) "insignificant population" means a population of shellfish that, in 26 the determination of the commissioner, would not attract and support a commercial 27 fishery for that species of shellfish and the harvest and sale of the shellfish would not 28 result in significant alteration in traditional fisheries or other existing uses of fish and 29 wildlife resources if the population were included within an aquatic farm site. 30 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:

01 APPLICABILITY. Until expiration or termination of the permit, AS 16.40.105(5), 02 added by sec. 4 of this Act, does not apply to an aquatic farm permit issued under 03 AS 16.40.100 before the effective date of this Act. 04 * Sec. 8. This Act takes effect July 1, 2005.