CSHB 514(FSH): "An Act relating to finfish farming."

00CS FOR HOUSE BILL NO. 514(FSH) 01 "An Act relating to finfish farming." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 16.40 is amended by adding new sections to read: 04  Sec. 16.40.220. FINFISH FARMING PERMIT. (a) The commissioner of fish 05 and game shall issue triennial finfish farming permits to qualified applicants. 06  (b) A finfish farming permit authorizes the permittee, subject to the conditions 07 of AS 03.05, AS 16.40.210 - 16.40.239, and regulations adopted under AS 16.40.210 - 08 16.40.239 to operate a finfish farm and to acquire, purchase, offer to purchase, transfer, 09 possess, sell, and offer to sell finfish stock and finfish farm products that are used or 10 reared at the finfish farm. 11  (c) The commissioner shall adopt regulations governing 12  (1) eligibility for a finfish farming permit and terms and conditions of 13 a finfish farming permit; 14  (2) siting of finfish farming facilities;

01  (3) sources of finfish stock or eggs for use in finfish farms; positive 02 control and captivity of finfish stocks; acquisition, importation, transportation, and 03 export of finfish stocks used in finfish farms; disposition of surplus finfish stocks at 04 a finfish farm; 05  (4) control, prevention, and eradication of disease at finfish farms and 06 destruction of diseased finfish; 07  (5) operation of finfish farms, including operation plans and record 08 keeping; 09  (6) standards for treatment of discharge water from finfish farms; 10  (7) ownership of finfish stocks; 11  (8) other matters necessary to implement AS 16.40.210 - 16.40.239 and 12 to protect wild stocks of fish and game in the state. 13  (d) Notwithstanding AS 16.05.080, the commissioner shall set the amount of 14 the fee for the finfish farming permit. The amount of the fee shall reflect the cost of 15 issuing the permit and operating the finfish farming program of the department. 16  (e) The Board of Fisheries may adopt regulations for the conservation, 17 maintenance, and management of finfish species that are acquired for use as finfish 18 farm stock. 19  (f) A person may not operate a finfish farm or acquire, purchase, offer to 20 purchase, transfer, possess, sell, and offer to sell finfish stock and finfish farm products 21 that are used or reared at a finfish farm, unless the person holds a finfish farming 22 permit issued under this section. 23  (g) A person may not engage in finfish farming of, or utilize as finfish farm 24 stock, pink salmon, chum salmon, sockeye salmon, coho salmon, chinook salmon, 25 Atlantic salmon, or other species of salmon. 26  Sec. 16.40.230. PENALTY. A person who violates a provision of 27 AS 16.40.210 - 16.40.239, a regulation adopted under AS 16.40.210 - 16.40.239, or 28 a term or condition of a permit issued under AS 16.40.210 - 16.40.239, is guilty of a 29 class B misdemeanor. 30  Sec. 16.40.239. DEFINITIONS. In AS 16.40.210 - 16.40.239, 31  (1) "finfish" means a fish, other than an invertebrate or amphibian, in

01 any stage of its life cycle; 02  (2) "finfish farm" means a facility that grows, farms, or cultivates 03 finfish farm products in captivity or under positive control; 04  (3) "finfish farm product" means a finfish, or part of a finfish, that is 05 propagated, farmed, or cultivated in a finfish farm and sold or offered for sale; 06  (4) "positive control" means enclosed within a natural or artificial 07 escape-proof barrier; 08  (5) "stock" means live finfish acquired, collected, possessed, or 09 intended for use by a finfish farm for the purpose of further growth or propagation. 10 * Sec. 2. AS 03.05.011(a) is amended to read: 11  (a) To carry out the requirements of this title, the commissioner of 12 environmental conservation may issue orders, regulations, permits, quarantines, and 13 embargoes relating to 14  (1) examination and inspection of premises containing products, 15 articles, and commodities carrying pests; 16  (2) establishment of quarantines for eradication of pests; 17  (3) establishment of standards and labeling requirements pertaining to 18 the sale of meat, fish, and poultry; 19  (4) tests and analyses that may be made and hearings that may be held 20 to determine whether the commissioner will issue a stop order or quarantine; 21  (5) cooperation with federal and other state agencies; 22  (6) regulation of fur farming; for purposes of this paragraph, "fur 23 farming" means the raising of and caring for animals for the purpose of marketing 24 their fur, or animals themselves for breeding stock; 25  (7) examination and inspection of meat, fish, and poultry advertised for 26 sale or sold to the public; 27  (8) enforcement of quality assurance plans developed in cooperation 28 with appropriate industry representatives; 29  (9) establishment of standards and conditions for the operation and 30 siting of aquatic farms and related hatcheries and of finfish farms, including 31  (A) restrictions on the use of chemicals; [AND]

01  (B) requirements to protect the public from contaminated 02 aquatic farm products and finfish farm products that pose a risk to health; 03 and 04  (C) requirements for the quality of water in which finfish 05 are held at a finfish farm; 06  (10) monitoring aquatic farms and aquatic farm products to ensure 07 compliance with this chapter and with the requirements of the national shellfish 08 sanitation program manual of operations published by the Food and Drug 09 Administration; 10  (11) monitoring finfish farms and finfish farm products to ensure 11 compliance with this chapter. 12 * Sec. 3. AS 03.05.040(a) is amended to read: 13  (a) On any business day during the usual hours of business, the commissioner 14 or an authorized inspector may, for the purpose of inspecting agricultural, fisheries, or 15 aquatic farm products or aquatic farm or finfish farm sites subject to regulation, enter 16 a storehouse, warehouse, cold storage plant, packing house, slaughterhouse, retail store, 17 or other building or place where those products are kept, stored, processed, or sold. 18 * Sec. 4. AS 03.05.100 is amended to read: 19  Sec. 03.05.100. DEFINITIONS. In this chapter, 20  (1) "agricultural products" does not include fish or fisheries products; 21  (2) "aquatic farm" and "aquatic farm product" have the meanings given 22 in AS 16.40.199; 23  (3) "finfish farm" and "finfish farm product" have the meanings 24 given in AS 16.40.239; 25  (4) "fish or fisheries products" means any aquatic animal, including 26 finfish farm products, amphibians, or aquatic plants, or parts of [THOSE] plants, 27 animals, or amphibians that are usable as human food. 28 * Sec. 5. AS 16.05.050(17) is amended to read: 29  (17) to permit and regulate aquatic farming and finfish farming in the 30 state in a manner that ensures the protection of the state's fish and game resources and 31 improves the economy, health, and well-being of the citizens of the state;

01 * Sec. 6. AS 16.05.251(f) is amended to read: 02  (f) Except as expressly provided in AS 16.40.120(e), [AND] 16.40.130, and 03 16.40.220(e), the Board of Fisheries may not adopt regulations or take action regarding 04 the issuance, denial, or conditioning of a permit under AS 16.40.100, [OR] 16.40.120, 05 or 16.40.220, the construction or operation of an aquatic [A] farm or hatchery 06 required to have a permit under AS 16.40.100, the construction or operation of a 07 finfish farm required to have a permit under AS 16.40.220, or a harvest with a 08 permit issued under AS 16.40.120 or 16.40.220. 09 * Sec. 7. AS 16.05.930(g) is amended to read: 10  (g) AS 16.05.440 - 16.05.723 do not apply to an activity authorized by a 11 permit issued under AS 16.40.100, [OR] 16.40.120, or 16.40.220, or to a person or 12 vessel employed in an activity authorized by a permit issued under AS 16.40.100, [OR] 13 16.40.120, or 16.40.220. 14 * Sec. 8. AS 16.05.940(15) is amended to read: 15  (15) "[FISH OR] game farming" means the business of propagating, 16 breeding, raising, or producing [FISH OR] game in captivity for the purpose of 17 marketing the [FISH OR] game or their products; in this paragraph, [AND] 18 "captivity" means having the [FISH OR] game under positive control, as in a pen, 19 pond, or an area of land or water that is completely enclosed by a generally escape- 20 proof barrier; [IN THIS PARAGRAPH, "FISH" DOES NOT INCLUDE SHELLFISH, 21 AS DEFINED IN AS 16.40.199;] 22 * Sec. 9. AS 16.10.269 is amended to read: 23  Sec. 16.10.269. LIMITATIONS. AS 16.10.265 and 16.10.267 do not apply 24 to the purchase or sale of 25  (1) aquatic farm products from a holder of a permit issued under 26 AS 16.40.100; 27  (2) [OR] stock from a holder of a permit issued under AS 16.40.120; 28 or 29  (3) finfish farm products from a holder of a permit issued under 30 AS 16.40.220. 31 * Sec. 10. AS 16.40.210(a) is repealed and reenacted to read:

01  (a) A person may grow or cultivate finfish under positive control for 02 commercial purposes under a permit issued by the commissioner under AS 16.40.220. 03 * Sec. 11. AS 16.40.210(b) is amended to read: 04  (b) AS 16.40.210 - 16.40.239 do [THIS SECTION DOES] not restrict 05  (1) the fishery rehabilitation, enhancement, or development activities 06 of the department; 07  (2) the ability of a nonprofit corporation that holds a salmon hatchery 08 permit under AS 16.10.400 to sell salmon returning from the natural water of the state, 09 as authorized under AS 16.10.450, or surplus salmon eggs, as authorized under 10 AS 16.10.420 and 16.10.450; 11  (3) rearing and sale of ornamental finfish for aquariums or ornamental 12 ponds provided that the fish are not reared in or released into water of the state. 13 * Sec. 12. AS 16.43.940 is amended to read: 14  Sec. 16.43.940. EXEMPTED ACTIVITIES. This chapter does not apply to 15 activities authorized by a permit issued under AS 16.40.100, [OR] 16.40.120, or 16 16.40.220. 17 * Sec. 13. AS 16.51.180(5) is amended to read: 18  (5) "seafood" means finfish, shellfish, and fish by-products, including 19 but not limited to salmon, halibut, herring, flounder, crab, clam, cod, shrimp, and 20 pollock, but does not include aquatic farm products as defined in AS 16.40.199 or 21 finfish farm products as defined in AS 16.40.239; 22 * Sec. 14. AS 17.20.370(7) is amended to read: 23  (7) "farmed salmon product" means a food product that contains salmon 24 that is propagated, farmed, or cultivated in an aquatic farm or finfish farm; in this 25 paragraph, 26  (A) "aquatic farm or finfish farm" means a facility that grows, 27 farms, or cultivates finfish in captivity or under positive control, but does not 28 include a salmon hatchery that is owned by the state or that holds a salmon 29 hatchery permit under AS 16.10.400; 30  (B) "positive control" has the meaning given in AS 16.40.199; 31 * Sec. 15. AS 38.05.083(a) is amended to read:

01  (a) The commissioner may offer to the public for lease a site that has been 02 developed for finfish farming or for aquatic farming or related hatchery operations 03 under a permit issued under AS 38.05.856. Before offering the site to the public, the 04 commissioner shall offer the site to the permittee. 05 * Sec. 16. AS 38.05.855(a) is amended to read: 06  (a) The commissioner shall identify districts in the state within which sites 07 may be selected for the establishment and operation of 08  (1) aquatic farms and related hatcheries required to have a permit under 09 AS 16.40.100; or 10  (2) finfish farms required to have permits under AS 16.40.220. 11 * Sec. 17. AS 38.05.856(a) is amended to read: 12  (a) The commissioner may issue a tideland or land use permit for the 13 establishment and operation of an aquatic farm and related hatchery operations or of 14 a finfish farm. A permit under this section is valid for three years after the date of 15 issuance. The permit may not be transferred. 16 * Sec. 18. AS 38.05.945(a) is amended to read: 17  (a) This section establishes the requirements for notice given by the department 18 for the following actions: 19  (1) classification or reclassification of state land under AS 38.05.300 20 and the closing of land to mineral leasing or entry under AS 38.05.185; 21  (2) zoning of land under applicable law; 22  (3) issuance of a 23  (A) preliminary written finding under AS 38.05.035(e)(5)(A) 24 regarding the sale, lease, or disposal of an interest in state land or resources for 25 oil and gas subject to AS 38.05.180(b); 26  (B) final written finding under AS 38.05.035(e)(5)(B) regarding 27 the sale, lease, or disposal of an interest in state land or resources for oil and 28 gas subject to AS 38.05.180(b); 29  (C) written finding for the sale, lease, or disposal of an interest 30 in state land or resources under AS 38.05.035(e)(6); 31  (4) a competitive disposal of an interest in state land or resources after

01 final decision under AS 38.05.035(e); 02  (5) a public hearing under AS 38.05.856(b); 03  (6) a preliminary finding under AS 38.05.035(e) and 38.05.855(c) 04 concerning sites for aquatic farms and related hatcheries or for finfish farms; 05  (7) a decision under AS 38.05.132 - 38.05.134 regarding the sale, lease, 06 or disposal of an interest in state land or resources. 07 * Sec. 19. AS 38.05.946(b) is amended to read: 08  (b) The commissioner shall hold a public hearing in each district identified 09 under AS 38.05.855 within 30 days after giving notice of a preliminary finding under 10 AS 38.05.035(e) and 38.05.855(c) concerning sites for aquatic farms and related 11 hatcheries or for finfish farms.