5 AAC 41.220 - Aquatic farm and hatchery operation permit applications
(a) An applicant
for an aquatic farm or hatchery operation permit that requires the use of state
tideland or submerged land managed by the Department of Natural Resources (DNR)
must submit, during an application filing period under
11 AAC 63.020, the multi-agency
application identified in
11 AAC 63.030 to DNR for
subsequent distribution to the department under 11 AAC 63.
(b) An applicant for an aquatic farm or
hatchery operation permit that does not require the use of state tideland or
submerged land managed by DNR may obtain the multi-agency application
identified in
11 AAC 63.030 from the department
and submit it to the department at any time. Acceptance and review of an
application by the department does not relieve the applicant from compliance
with any other requirements of federal, other state, or local agencies for the
operation of an aquatic farm or hatchery.
(c) An application for an aquatic farm
submitted by the current operation permit holder will only be accepted by the
department if all conditions of the existing aquatic farm or hatchery operation
permit are met.
(d) An application
for an aquatic farm or hatchery operation permit submitted under (a) or (b) of
this section must include information that the commissioner requires to verify
that the applicant meets the requirements of
AS
16.40.100-16.40.199 and
5
AAC 41.200 -
5
AAC 41.400.
(e) Except as specified for geoducks in (f)
of this section, an application for a proposed on-bottom culture aquatic farm
site must include a user fee for a survey of the initial abundance of the
species intended for culture. A survey of the proposed aquatic farm site will
be conducted by the department, a person approved by the department to conduct
the survey with oversight from the department, or an alternative method in a
cooperative effort between the department and the applicant. The department
will, to the extent practicable, work with the applicant to reduce the cost of
the user fee for a survey. The department will cap the user fee for the survey
as follows:
(1) for a subtidal survey: no
more than $5,000 per aquatic farm site, per day;
(2) for an intertidal survey: no more than
$2,000 per aquatic farm site, per day.
(f) The user fee for a survey of initial
abundance of geoducks for a proposed on-bottom culture aquatic farm site is
required with the application under (e) of this section, and a survey of the
proposed aquatic farm site will be conducted, only if the commissioner
determines that the site is subtidal and located in a larval drift zone
described in
5
AAC 41.295(f) (1).
(g) The commissioner will determine the order
that applications are reviewed and surveys are conducted under this
section.
Notes
Authority:AS 16.05.050
AS 16.05.092
AS 16.40.100
AS 16.40.105
AS 16.40.110
AS 16.40.145
AS 16.40.160
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