CSSB 126(RES): "An Act relating to aquatic plant and shellfish farming; and providing for an effective date."

00                       CS FOR SENATE BILL NO. 126(RES)                                                                   
01 "An Act relating to aquatic plant and shellfish farming; and providing for an effective                                 
02 date."                                                                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 16.40.100(b) is amended to read:                                                                  
05            (b)  A permit issued under this section authorizes the permittee, subject to the                             
06       conditions of AS 16.40.100 - 16.40.199 and AS 17.20, to                                                           
07                 (1)  acquire, purchase, offer to purchase, transfer, possess, sell, and                             
08       offer to sell stock and aquatic farm products that are used or reared at the hatchery or                          
09       aquatic farm; and                                                                                             
10                 (2)  except as provided in (f) of this section, harvest and, without                                
11       further cultivation, sell an insignificant population that may be present at the                              
12       aquatic farm site of a wild stock of a shellfish species intended to be cultured at                           
13       the site [.  A PERSON WHO HOLDS A PERMIT UNDER THIS SECTION MAY                                               
14       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,                                      
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.