SB 126: "An Act relating to aquatic farming; and providing for an effective date."

00                             SENATE BILL NO. 126                                                                         
01 "An Act relating to aquatic farming; and providing for an effective date."                                              
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
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, acquire ownership of,                               
10       harvest, and, without further cultivation, sell an insignificant population that                              
11       may be present at the aquatic farm site of a wild stock of a shellfish species                                
12       intended to be cultured at the site [.  A PERSON WHO HOLDS A PERMIT                                           
13       UNDER THIS SECTION MAY SELL OR OFFER TO SELL SHELLFISH STOCK                                                      
14       TO THE DEPARTMENT OR TO AN AQUATIC FARM OR RELATED                                                                
15       HATCHERY OUTSIDE OF THE STATE].                                                                                   
01    * Sec. 2.  AS 16.40.100(e) is amended to read:                                                                     
02            (e)  Upon the expiration or termination of a permit issued under this section, a                             
03       person who holds a permit for an aquatic farming site where wild stocks of shellfish                              
04       indigenous to the site are cultured shall, as a condition of the permit, restore the wild                         
05       stock of shellfish, as consistent with sustained yield management of the wild stock, to                           
06       the population level that existed on the site when the permit for the site was initially                          
07       issued by the commissioner.  A permit holder is not required to restore that                                  
08       portion of the wild stock of shellfish that was removed from an aquatic farming                               
09       site by a common property fishery conducted after the issuance of the permit for                              
10       the aquatic farming site.                                                                                     
11    * Sec. 3.  AS 16.40.100 is amended by adding a new subsection to read:                                             
12            (f)  If the wild stock of a shellfish species to be cultured at an aquatic farm site                         
13       exceeds the amount determined by the department to be an insignificant population                                 
14       and if the commissioner determines in writing that removal from the site of that                                  
15       portion of the stock that exceeds an insignificant population would benefit the public                            
16       and that removal of the stock by a person other than the permittee would unreasonably                             
17       interfere with the operation of the aquatic farm, the commissioner may authorize the                              
18       permittee to remove and sell the excess amount of the wild stock from the site, if the                            
19       permittee pays reasonable compensation, as defined by the department, to the                                      
20       department for the harvest and sale of the excess wild stock.  The department shall                               
21       deposit the money received under this subsection into the general fund.  The                                      
22       legislature may appropriate the money received under this section to the department                               
23       for shellfish management and enhancement.                                                                         
24    * Sec. 4.  AS 16.40.105 is amended to read:                                                                        
25            Sec. 16.40.105.  Criteria for issuance of permits.  The commissioner shall                                 
26       issue permits under AS 16.40.100 on the basis of the following criteria:                                          
27                 (1)  the physical and biological characteristics of the proposed farm or                                
28       hatchery location must be suitable for the farming or the shellfish or aquatic plant                              
29       proposed;                                                                                                         
30                 (2)  the proposed farm or hatchery may not require significant                                          
31       alterations in traditional fisheries or other existing uses of fish and wildlife resources;                       
01                 (3)  the proposed farm or hatchery may not significantly affect                                         
02       fisheries, wildlife, or their habitats in an adverse manner; [AND]                                                
03                 (4)  the proposed farm or hatchery plans and staffing plans must                                        
04       demonstrate technical and operational feasibility; and                                                        
05                 (5)  the proposed farm site may not include more than an                                            
06       insignificant population of a wild stock of a shellfish species intended to be                                
07       cultured on the site.                                                                                         
08    * Sec. 5.  AS 16.40 is amended by adding a new section to read:                                                  
09            Sec. 16.40.155.  Records and reports confidential.  Records required by                                    
10       statute or by a regulation adopted by the department concerning aquatic farm stocks or                            
11       production, prices, and harvests of aquatic farm products and wild stocks, and annual                             
12       statistical reports of individual aquatic farms or hatcheries required by statute or by a                         
13       regulation adopted by the department are confidential and may not be released by the                              
14       department, except that the department may release the records and reports                                        
15                 (1)  to the Department of Revenue and the Department of Natural                                         
16       Resources to assist the departments in carrying out their respective statutory                                    
17       responsibilities;                                                                                                 
18                 (2)  as necessary to comply with a court order;                                                         
19                 (3)  provided by an aquatic farm or hatchery permit holder to the permit                                
20       holder whose activity is the subject of the records or reports;                                                   
21                 (4)  regarding cumulative annual harvests of wild stocks at individual                                  
22       aquatic farm sites.                                                                                               
23    * Sec. 6.  AS 16.40.199 is amended by adding a new paragraph to read:                                              
24                 (9)  "insignificant population" mean a population of shellfish that, in                                 
25       the determination of the commissioner, would not attract and support a commercial                                 
26       fishery for that species of shellfish and the harvest and sale of the shellfish would not                         
27       result in significant alteration in traditional fisheries or other existing uses of fish and                      
28       wildlife resources if the population were included within an aquatic farm site.                                   
29    * Sec. 7.  The uncodified law of the State of Alaska is amended by adding a new section to                         
30 read:                                                                                                                   
31       APPLICABILITY.  Until expiration or termination of the permit, AS 16.40.105,                                      
01 added by sec. 4 of this Act, does not apply to an aquatic farm permit issued under                                      
02 AS 16.40.100 before the effective date of this Act.                                                                     
03    * Sec. 8.  This Act takes effect July 1, 2005.