CSHB 208(RES): "An Act relating to aquatic farming of shellfish; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 208(RES) 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 16.40.100 is amended by adding a new subsection to read: 04 (e) Upon the expiration or termination of a permit issued under this section, a 05 person who holds a permit for an aquatic farming site where wild stocks of shellfish 06 indigenous to the site are cultured shall, as a condition of the permit, restore the wild 07 stock of shellfish, as consistent with sustained yield management of the wild stock, to 08 the population level that existed on the site when the permit for the site was initially 09 issued by the commissioner. 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 February 15, 14 2004, areas providing for a minimum of 60 sites suitable for suspended culture of shellfish, 20 15 sites suitable for aquatic farming of clams, and 10 sites suitable for aquatic farming of
01 geoducks. The commissioner shall offer the sites for lease by public auction under 02 AS 38.05.075. The commissioner shall offer for lease through offices of the department those 03 sites that were not leased when offered at a public auction held under this subsection. The 04 leases entered into under this subsection are subject to AS 38.05.083(b) - (f). The renewal of 05 the leases entered into under this 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 potentially suitable for aquatic farming of clams, geoducks, and other shellfish. The sites 12 identified by the commissioner must include sites in areas of the state where aquatic farming 13 activities are already occurring. Aquatic farming sites for on-bottom culture of shellfish must 14 be located in areas where either (1) an indigenous population of the shellfish species to be 15 cultivated is not present, or (2) if an indigenous population of the shellfish species to be 16 cultivated is present, aquatic farming of the shellfish species would not require significant 17 alterations in traditional fisheries or other existing uses of fish and wildlife resources. After 18 the commissioner has published the final list of sites suitable for farming of clams, geoducks, 19 and other shellfish, the commissioner shall offer the sites for lease in accordance with (a) of 20 this section. 21 (c) The aquatic farming sites that are offered for lease under this section are in 22 addition to those offered by the commissioner of natural resources under regulations adopted 23 by the Department of Natural Resources under AS 38.05.083. Aquatic farming leases issued 24 under AS 38.05.083 before the effective date of this Act may not be counted toward the 25 satisfaction of the requirement established by (a) of this section; however, leases for aquatic 26 farming sites that are issued after the effective date of this Act on the basis of lease 27 applications filed with the department before the effective date of this Act may be counted 28 toward the satisfaction of the requirement established by (a) of this section. 29 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).