11 AAC 63.030 - Aquatic farmsite lease applications
(a) An aquatic
farmsite lease application is subject to
11 AAC 67.007. The application
must
(1) be submitted on a multi-agency
application form;
(2) include the
non-refundable application fee required by
11 AAC 05.230;
(3) include a clear identification of the
site on a U.S.G.S. map at a scale of 1:63,360 or a navigation chart, and a
clear scaled drawing of the proposed site plan and lease boundaries, as
required by the application form;
(4) repealed 6/14/98;
(5) comply with all application filing
guidelines set under
11 AAC 63.020(c);
and
(6) state whether the applicant
proposes incidental use of the lease site for temporary holding of commercially
harvested wild stock acquired under AS 16.
(b) Each application must include sufficient
detail on the applicant's proposed site improvements, and the schedule for
their proposed installation, to allow the commissioner to determine the amount
of the security required under
11 AAC 63.080. The site plan and
installation schedule constitute a development plan for the department's
purposes. In addition, the applicant shall include in or with the application
details such as the amount of rearing structures (gear density), the species to
be raised, and expected minimum and maximum production levels for the purposes
of review by the Department of Fish and Game under
AS
16.40.105. The development plan must result
in commercial use of the site beginning no later than the fifth year of the
lease operations and continuing for the rest of the lease term. Commercial use
of the site means annual sales of aquatic farm products, as that term is
defined in
AS
16.40.199, of at least $3,000 per acre or
fraction of an acre, or $15,000 per farm, whichever is less.
(c) Repealed 6/14/98.
(d) Except as provided in
11 AAC 63.040(f),
all complete applications received during an application period are considered
to have been simultaneously filed. To reduce cumulative impact on the
environment and natural resources of an area, the commissioner will, in the
commissioner's discretion, limit the number of leases to be issued in that
area. If the number of applications filed for a particular area exceeds the
number of sites that the commissioner decides to lease, the commissioner will
offer the limited number of lease sites by competitive bid, at either a
sealed-bid or oral outcry auction.
(e) If two applications overlap in an area
where the commissioner does not propose to limit the number of lease sites, the
commissioner will, in the commissioner's discretion, amend the applications to
eliminate the overlap, or offer the lease site by competitive bid.
(f) If an application overlaps an existing
aquatic farmsite permit or lease that is in good standing, or any other surface
lease, as shown on the department's public land records, the commissioner will
deny the application. However, the provisions of this subsection do not apply
if the application is filed by the lessee of an existing aquatic
farmsite.
(g) The commissioner
will, in the commissioner's discretion, amend an application to eliminate an
overlap or to eliminate or reduce other site or resource use
conflicts.
Notes
Authority:AS 38.05.020
AS 38.05.070
AS 38.05.075
AS 38.05.083
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