reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 63 - Aquatic Farmsite Permits and Leases › 11 AAC 63.020 - Application periods

Current through May 31, 2024
(a) The commissioner will schedule a period
				in which aquatic farmsite lease applications may be filed at least every other
				year from January 1 through April 30. The commissioner will schedule a public
				review and comment period on the preliminary best interest finding in the
				subsequent fall. If a filing period is not scheduled for the general public to
				file aquatic farmsite lease applications, a lessee entering the last year of a
				lease that is in good standing has the right to apply for a new lease before
				the expiration of the current lease.
(b) The commissioner will give notice of the
				opening of a lease application period by publication, beginning before the
				application period opens, in at least one newspaper of statewide circulation or
				general circulation in southcentral Alaska and one newspaper of general
				circulation in southeast Alaska, and by sending the notice to persons on the
				aquatic farming mailing list maintained under
				11 AAC 63.060(c).
(c) The commissioner will, in the
				commissioner's discretion, set application filing guidelines, such as minimum
				distances from anchorages or the mouths of anadromous fish streams at which an
				aquatic farmsite may be located. If the commissioner sets application filing
				guidelines, the commissioner will include the filing guidelines in the
				application packets available at the places listed in the public notice
				announcing the application period.
(d) Repealed 6/14/98.
Authority:
AS
					 38.05.020
AS
					 38.05.083
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 63 - Aquatic Farmsite Permits and Leases › 11 AAC 63.030 - Aquatic farmsite lease applications

Current through May 31, 2024
(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(4) repealed 6/14/98;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.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 63 - Aquatic Farmsite Permits and Leases › 11 AAC 63.060 - Notice and opportunity to comment

Current through May 31, 2024
(a) Notice under
				AS
				38.05.945 that the preliminary best interest
				finding is available for written comment may be combined with notice of (1) the
				time, place, and location of a hearing, if one has been scheduled; (2) the
				opportunity to comment on a proposed land use plan and classification, if the
				land is not yet classified; and (3) the approximate date when the final best
				interest finding, as well as the final land use plan, if required, is expected
				to be issued. A person who comments on the preliminary best interest finding or
				proposed land use plan will be sent a copy of the final document.
(b) The commissioner will, in the
				commissioner's discretion, decide whether to hold a public hearing and will
				conduct the public hearing either in person or by teleconference. The
				commissioner will hold a public hearing at the written request of five or more
				persons who wish to testify.
(c)
				The department will maintain an aquatic farming mailing list of persons who ask
				to receive notice of application filing periods and notice of comment
				opportunities. The department will use the mailing list to notify recipients of
				opportunities for public comment and involvement such as the opening of an
				application filing period or the availability of a preliminary best interest
				finding.
(d) If the upland adjacent
				to an aquatic farmsite lease application is not managed by the department, the
				commissioner will notify the upland owner of the opportunity to comment under
				(a) of this section. If an aquatic farmsite lease applicant states that using
				upland for associated facilities is necessary for aquatic farming, and the
				upland owner notifies the commissioner in writing that the owner cannot or will
				not authorize the upland use, the commissioner will not grant the aquatic
				farmsite lease.
(e) Decisions made
				as a result of public and interagency comment will be incorporated into the
				final best interest finding under
				11 AAC 63.050(d)
				and, if required, into the final land use plan.
Authority:
AS
					 38.05.020
AS 38.05.083
AS
					 38.05.945
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 63 - Aquatic Farmsite Permits and Leases › 11 AAC 63.080 - Required security

Current through May 31, 2024
(a) For any aquatic farmsite lease, a bond,
				cash deposit, certificate of deposit, or other form of security acceptable to
				the commissioner must be posted and maintained in an amount determined by the
				commissioner to be sufficient to cover the cost of site cleanup and restoration
				and any associated cleanup costs after termination of the lease, including any
				unpaid rentals or other obligations accruing until site restoration is
				complete.
(b) The minimum security
				amount for a lease is $2500. However, if three or more lessees post an
				association bond to cover all of their leases, the minimum security amount is
				50 percent of the amount individually calculated for each lease. The
				association must designate an agent for notification purposes. The association
				has the right to be notified of the termination of a lease covered by its
				association bond. If neither the former lessee nor the association completes
				the site restoration as required by
				AS
				38.05.090, the department will use the
				association bond for this purpose, up to 100 percent of the amount individually
				calculated for that lease. The association may remove a lease in good standing
				from the coverage of its association bond after 60 days' notice to the
				department, during which time the affected lessee must make other arrangements
				to comply with this section. A lease that is in default or that has been
				terminated with site restoration still pending may not be removed from the
				coverage of an association bond.
(c) Factors that the commissioner will use in
				the commissioner's discretion in determining to require a higher amount of
				security include travel costs to reach the site for cleanup or inspection; the
				planned size and extent of improvements; whether the improvements, including
				associated facilities on state land, could be towed away for use by other
				operators, burned onsite, or disposed of at an authorized landfill; and whether
				heavy equipment would be needed for upland site restoration. The commissioner
				will, in the commissioner's discretion, subsequently change the amount of the
				required security, based on changes in the level of site development, new
				information, or other appropriate factors.
(d) When the former lessee restores the site
				to a condition acceptable to the commissioner, the security posted for the
				former lease will be released.
Authority:
AS
					 38.05.020
AS 38.05.035
AS
					 38.05.083
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 63 - Aquatic Farmsite Permits and Leases › 11 AAC 63.090 - Transition; existing operator preference right; permits under AS 38.05.850

Current through May 31, 2024
(a) If the commissioner finds that it is in
				the state's best interest to issue an aquatic farmsite lease, a person who has
				an aquatic farmsite permit in good standing that was issued under former AS
				38.05.856 for that site has a preference right to the aquatic farmsite lease if
(1) by October 1, 1998, the person has
				developed an aquatic farmsite under former AS 38.05.855, as defined in
				11 AAC 63.900(b);
				and
(2) the person applied for the
				site by October 20, 1997.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 63 - Aquatic Farmsite Permits and Leases › 11 AAC 63.100 - Issuance of aquatic farmsite lease

Current through May 31, 2024
(a) The
				commissioner will issue an aquatic farmsite lease if the commissioner finds in
				accordance with
				AS
				38.05.035(e) and
				11 AAC 63.050 -
				11 AAC 63.060 that it is in the
				state's best interest. The commissioner will issue a lease at its appraised
				fair market rental value without competitive bid, or for the amount of the high
				bid at auction.
(b) Repealed
				6/14/98.
(c) The term of an aquatic
				farmsite lease that was not awarded at auction is 10 years. The commissioner
				will, in the commissioner's discretion, require a boundary survey if needed to
				resolve an apparent boundary conflict or a dispute over acreage leased. The
				commissioner will require a survey meeting the requirements of
				AS
				38.04.045 before issuing a lease for a term
				longer than 10 years.
(d) Before a
				lease is issued, security must be posted as required by
				11 AAC 63.080.
(e) Before a lease is issued, a lease
				development plan must be approved by the commissioner, and will be incorporated
				as a provision of the lease. For a lease offered at auction, the commissioner
				will require the high bidder to propose a lease development plan for the
				commissioner's approval. The development plan must result in commercial use of
				the site, as defined in
				11 AAC 63.030(b),
				beginning no later than the fifth year of the lease and continuing for the rest
				of the lease term.
(f) Repealed
				6/14/98.
(g) Before a lease is
				issued, the future lessee shall pay the rent that is due under the first year
				of the lease. Lease rent for each subsequent year must be paid annually on or
				before the anniversary date of the lease.
Authority:
AS
					 38.04.045
AS 38.05.020
AS 38.05.035
AS
					 38.05.083
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 63 - Aquatic Farmsite Permits and Leases › 11 AAC 63.110 - General lease provisions

Current through May 31, 2024
An aquatic farmsite lease must contain at least the following
				  provisions:
(1) A lessee shall operate
				so as to cause no significant damage to land, public trust resources, and
				public uses of public trust resources.
(2) A lease is subject to all applicable
				federal, state, and local law, including statutes and regulations in effect on
				its effective date; statutes and regulations placed in effect after its
				effective date, to the extent constitutionally permissible; and the public
				trust doctrine regarding the public's right to use navigable waters and the
				land beneath them for navigation, commerce, fishing, and other
				purposes.
(3) A lessee shall obtain
				and remain in compliance with all other federal, state, and local
				authorizations necessary for lawful operations.
(4) A proposed amendment to the lease
				development plan for the lease must be submitted to the department for approval
				before a change in development occurs, and must be accompanied by the
				application fee required by 11 AAC 05.230. However, under this paragraph
(A) the following changes do not require an
				amendment of the lease development plan:
(i)
				any change in the species or number of shellfish or aquatic plants being raised
				if the change is permitted by the Department of Fish and Game;
(ii) a change in the number or type of
				rearing structures authorized within the lease boundaries, if the change does
				not increase obstructions to navigation or to other public use;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 63 - Aquatic Farmsite Permits and Leases › 11 AAC 63.900 - Definitions

Current through May 31, 2024
(a) In this chapter,
(1) "aquatic farm" has the meaning given in
				AS
				16.40.199;
(2) repealed 6/14/98;
(3) "aquatic farmsite lease" means a lease to
				operate an aquatic farm or related hatchery on state-owned public domain land
				in accordance with the approved development plan;
(4) repealed 6/14/98;
(5) "commissioner" means the commissioner of
				the Department of Natural Resources or the commissioner's delegate;
(6) "department" means the Department of
				Natural Resources;
(7) "director"
				means the director of the division of land or the director's
				delegate;
(8) "good standing" means
				being in compliance with all provisions of all required
				authorizations;
(9) "pending use"
				means a project documented by government agency plans or authorizations, the
				acquisition of property rights, or other evidence of investment-backed
				expectations that the use will occur;
(10) repealed 6/14/98.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.010 - Short title

Current through May 31, 2024
This chapter applies to leasing tide and submerged lands of
				  the state for the purpose of shore fisheries development.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.020 - Participation in shore fishery

Current through May 31, 2024
No person is required to lease tide and submerged lands to
				  participate in a shore fishery. However,
(1) upon written or verbal notification by a
				lessee holding a valid shore fishery lease issued under this chapter, a set
				gillnetter shall remove any net or nets from the site or tract of the lessee if
				the lessee personally begins to commercially fish the lease site; and
(2) no set gillnet may be set at less than
				the minimum distance established by Department of Fish and Game commercial
				finfish regulations set out in 5 AAC 03 - 5 AAC 39, from a net currently in use
				by a lessee holding a valid shore fishery lease issued under this
				chapter.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.040 - Advisory committees

Current through May 31, 2024
The director will, in his or her discretion, accept
				  recommendations from recognized associations or groups whose members are
				  engaged in the practice of set gillnet fishing, or establish an advisory group
				  to recommend resolutions involving application conflicts or
				  protests.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.050 - Tide and submerged land available for leasing

Current through May 31, 2024
The director will, in his or her discretion, classify for
				  leasing, under 11 AAC 55, all unappropriated tide and submerged land where set
				  gillnet fishing is allowed by the Alaska Department of Fish and Game. After the
				  director designates an area as open to leasing, the director will publicly
				  invite lease applications for all or specific portions of the open
				  areas.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.060 - Permanent improvements disallowed

Current through May 31, 2024
No lessee may erect a permanent installation, building,
				  structure, fixture, or facility upon a lease tract or site.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.061 - Staking and filing period

Current through May 31, 2024
An applicant may stake a set gillnet site or tract, and may
				  file an application for a shore fishery lease, annually from May 1 to September
				  1. The director will extend, close, suspend, or otherwise modify the period for
				  staking and filing an application if the director determines in writing that it
				  is in the best interests of the state to do so.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.070 - Size of lease tracts

Current through May 31, 2024
(a) If an applicant has more than one set
				gillnet site, and the area between individual sites is not claimed by another
				person for set gillnet purposes, the applicant may include all such set gillnet
				sites in one lease tract if
(1) the maximum
				number of set gillnet sites included in one tract does not exceed that number
				allowed by
				11 AAC 64.080;
(2) the maximum distance between set gillnet
				sites does not exceed twice the minimum distance, minus one foot, allowed
				between nets by Department of Fish and Game commercial finfish regulations, set
				out in 5 AAC 03 - 5 AAC 39, for the local area, unless otherwise determined by
				the director;
(3) the maximum
				distance of the tract side line from the nearest set gillnet site within the
				tract does not exceed one-half the distance allowed between set gillnet sites
				by Department of Fish and Game Commercial Finfish regulations set out in 5 AAC
				03 - 5 AAC 39; and
(4) the maximum
				distance between the seaward end line of a tract and the landward end line of
				an offshore tract is not greater than one-half the distance from the seaward
				end of the nearest set gillnet as determined by Department of Fish and Game
				Commercial Finfish regulations set out in 5 AAC 03 - 5 AAC 39.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.080 - Maximum number of net sites and lease tracts

Current through May 31, 2024
Except as provided otherwise in this section, the maximum
				  number of sites allowed one applicant is that number established under
				  Department of Fish and Game Commercial Finfish regulations set out in 5 AAC 03
				  - 5 AAC 39, except for Cook Inlet, where the maximum is three sites. The sites
				  may be contained in one, two, or three tracts. In an area where, under
				  established custom, the applicant has or currently uses the same set gillnet
				  and other gear for high and low water sites, the director will, in his or her
				  discretion, lease additional set gillnet sites, if the applicant submits proper
				  justification.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.090 - Staking of sites and tracts

Current through May 31, 2024
Before submitting an application under
				  11 AAC 64.260, an applicant must
				  stake each tract by placing the stake at the net anchor point. The location
				  stake must be at least three feet above ground level and must support a sign
				  showing the applicant's name, mailing address, limited entry permit number, and
				  date of staking. For a low water tract, the location stake may be co-located
				  with the high water stake. The sign on the low water stake must contain the
				  information contained on the high water sign and must be labeled across the top
				  as a low water site with the distance and bearing to the shoreward end of the
				  net or net anchor point noted on the sign.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.180 - Reasonable utilization

Current through May 31, 2024
(a) Except as otherwise provided by (b) of
				this section, reasonable utilization of a site or tract means personally
				fishing each site of each leased tract for at least four legal fishing periods
				during the commercial fishing season.
(b) The lessee may refrain from fishing upon
				any one or all leased tracts for one year, but not for two consecutive
				years.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.200 - Closed area

Current through May 31, 2024
The director will not issue a lease in an area closed to
				  commercial fishing by the Department of Fish and Game. The closure of an area
				  by the Department of Fish and Game will not result in the termination of a
				  lease for failure of reasonable utilization. The closure of an area will not
				  extend the term of an issued lease. The lessee may, however, request an
				  extension of a current valid lease as provided for under
				  11 AAC 64.391, if the area is
				  reopened to commercial fishing.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.220 - Hardship clause; waiver of rental

Current through May 31, 2024
The director will, in his or her discretion, waive the annual
				  rental in the case of substantial injury, illness, call to military service, or
				  legal closure of the fishery. An application for a waiver must be postmarked at
				  least 30 days before the date the annual rental is due.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.230 - Qualifications of applicant

Current through May 31, 2024
An applicant for a lease is qualified if the applicant
(1) is a citizen of the United States and is
				at least 18 years of age; and
(2)
				holds a valid limited entry permit or interim-use salmon setnet permit for the
				area within which a lease is requested.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.240 - Trusteeship for minors

Current through May 31, 2024
The director will, in his or her discretion, issue a lease in
				  trust for the benefit of a minor who is 10 years of age or older if the minor
				  is otherwise qualified to lease under
				  11 AAC 64.230. The trust
				  automatically terminates upon the date of the minor's 18th
				  birthday.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.250 - Appointment of trustee

Current through May 31, 2024
A person who is qualified under the laws of Alaska to act as
				  a trustee may apply for approval to act as a trustee for a shore fishery lease
				  on behalf of a minor. The director will issue the lease in the name of an
				  approved trustee, subject to other provisions of this chapter. The trustee does
				  not acquire any rights in the leased area by virtue of this
				  trusteeship.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.260 - Application

Current through May 31, 2024
(a) An applicant shall file a shore fishery
				lease application with the department within 30 days after staking a shore
				fishery lease site. The filing date is determined by the postmark date of the
				application.
(b) A nonrefundable
				filing fee, as prescribed by 11 AAC 05.230, must accompany each application.
(c) A shore fishery lease
				application must contain the following information:
(1) the applicant's name, mailing address,
				and birthdate;
(2) if the applicant
				is a minor, the name and mailing address of the trustee;
(3) the applicant's limited entry permit or
				interim-use salmon setnet permit number;
(4) the date the site was staked;
(5) the number of seasons the applicant has
				commercially fished the site;
(6)
				the number of years the applicant has participated in a shore
				fishery;
(7) a description of the
				lease tract sufficient to locate the tract and sites on the ground and
				including the township, range, and protracted section in which the site is
				located, as well as the site's distance and bearing from the shoreward end of
				the net or net anchor point to a known fixed point, such as a permanent
				building, monument, or fixed natural feature;
(8) a U.S.G.S. map of not more than 1:63,360
				scale showing the location of the site;
(9) a statement that the applicant intends to
				personally fish the site;
(10) a
				statement that the applicant has complied with the staking requirements of
				11 AAC 64.090 and that the
				applicant is within legal net distances as established by Department of Fish
				and Game Commercial Finfish regulations set out in 5 AAC 04 - 5 AAC 39;
				and
(11) the names and addresses of
				adjacent right, left, shoreward and seaward setnet neighbors; if any.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.280 - Proof of qualification

Current through May 31, 2024
In addition to the information submitted with the
				  application, the director may request such additional proof of qualification as
				  is deemed necessary to help effect an equitable assignment of the disputed
				  area. Failure to comply with any request for proof of qualification or
				  additional information shall be reason for the disqualification of an
				  applicant.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.301 - Term of lease

Current through May 31, 2024
Upon the successful completion of all requirements of this
				  chapter, and the resolution of any protest filed, the director will issue a
				  lease for a period not to exceed 10 years. In determining the term of a lease,
				  the director will consider the stability of the beach within the area, as well
				  as any other applicable considerations or factors.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.330 - Rights prior to leasing

Current through May 31, 2024
The filing of an application for a lease shall not in any way
				  vest any right in the applicant to a lease.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.370 - Annual rental

Current through May 31, 2024
Annual rental shall be an approved proportionate share of the
				  cost of administration of the total of the shore fishery development leasing
				  costs, as determined by the director and concurred in by the commissioner.
				  Annual rental shall be paid in advance of April 15, unless otherwise approved
				  by the director, and shall be prorated from the 15th day of the month in which
				  issued to the 15th day of April of the following year. All leases shall
				  stipulate that the annual rental shall be subject to adjustment by the director
				  at five year intervals and such adjustment is to be based on the administration
				  costs involved, and shall in no way reflect the value of the
				  leasehold.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.380 - Receipt of annual rental

Current through May 31, 2024
The first year's rental shall be receipted on the lease;
				  thereafter the director shall immediately issue receipts for all rents
				  paid.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.391 - Extension of lease

Current through May 31, 2024
90 days before the expiration of a valid lease, the lessee
				  may request an extension of the lease. The director will, in his or her
				  discretion, extend the lease for a period of up to 10 years if no changes in
				  site or tract location have occurred, the beach has remained stable, the lease
				  is in good standing with the department, the lessee remains qualified under
				  11 AAC 64.230, and no protest of
				  the extension is received. A nonrefundable filing fee, as established by the
				  department's approved fee schedule, must accompany a request for an
				  extension.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.410 - Lease termination

Current through May 31, 2024
(a) The department will, in its discretion,
				terminate a lease if
(1) the lessee fails to
				pay the annual rental;
(2) the
				director determines that the site is not being used for the purpose for which
				the lease was issued;
(3) the
				lessee misrepresented facts or made an error with respect to a material fact in
				the shore fishery lease application;
(4) the lessee fails to properly locate his
				tract and sites or fails to properly situate in the tract when commercially
				fishing;
(5) the lessee fails to
				maintain a valid limited entry permit or interim-use salmon setnet permit;
				or
(6) utilization of the tract or
				sites is not in accordance with
				11 AAC 64.180;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.430 - Assignment

Current through May 31, 2024
A lessee may assign a lease to another if
(1) the lease rental payments are
				current;
(2) the assignee is
				qualified under
				11 AAC 64.230 or
				11 AAC 64.240 and holds a valid
				limited entry permit or interim-use salmon setnet permit for the
				fishery;
(3) the assignee does not
				currently lease the maximum allowed sites for the fishery;
(4) approval of an assignment will not result
				in the assignee holding leases for more than the maximum allowable number of
				sites;
(5) the lessee and assignee
				complete the required assignment of lease form; and
(6) the director approves the
				assignment.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.440 - Succession to applicant's interest

Current through May 31, 2024
A person who is legally assigned all rights to another
				  person's lease application succeeds to all rights and privileges of the
				  original lease applicant under this chapter if the assignee submits
(1) a notarized statement setting out the
				name of the lease applicant, the lease applicant's address of record, the
				location of the site or sites, the date of lease application acquisition, and
				the name and address of each of the adjacent site holders, if any;
				and
(2) a notarized statement by
				the lease applicant stating the length of time the lease applicant has
				personally operated the site or sites, and stating that the lease applicant has
				relinquished to the assignee all rights to and interest in the site or
				sites.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.450 - Protest

Current through May 31, 2024
(a) A person may protest an application for
				or the location of a shore fishery lease site by mailing a statement of protest
				to the applicant and to the director. The protest may be filed from the time a
				site has been staked until the last date for filing a protest, as determined
				and published in writing by the department. The postmark date of the statement
				of protest constitutes the date of protest. If a protest is filed, the director
				will not issue a lease until resolution of the protest.
(b) A statement of protest must be in
				writing, must be signed by the protester, and must contain
(1) the protester's name and mailing
				address;
(2) the protester's
				limited entry permit number or interim-use salmon setnet permit, if
				any;
(3) the applicant's name and
				address as shown on the staking sign;
(4) a brief statement of reasons why the
				protester believes that the lease site location is invalid or that the
				protester is more qualified to fish at the lease site; affidavits may be
				included to support the reasons set out in the statement; and
(5) a brief statement of the relief
				requested, which may be either denial of the lease site location, or a
				determination that the protester is more qualified to fish from the lease site
				and more entitled to lease the site than is the applicant.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.460 - Appeal

Current through May 31, 2024
An eligible person affected by a decision issued under this
				  chapter may appeal that decision in accordance with 11 AAC
				  02.
Authority:
AS
					 38.05.020
AS 38.05.082
AS
					 44.37.011
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.490 - Disputes of boundary line location

Current through May 31, 2024
In a dispute concerning one or more leased tract locations,
				  the protesting party may request that the director establish or reestablish, by
				  survey, the boundary lines of the tract or tracts in question. The director
				  will, in his or her discretion, require that a survey be performed to determine
				  the location of the boundary lines in dispute. The party or parties at fault
				  shall pay the cost of the entire survey. The department will, in its
				  discretion, terminate the lease of the party or parties at fault if they do not
				  pay the survey costs.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 64 - Shore Fisheries Leasing › 11 AAC 64.565 - Transition

Current through May 31, 2024
Pending applications submitted under this chapter before
				  March 30, 1985 will be adjudicated under the provisions of this chapter which
				  are in effect after that date. The applicant will be notified of any additional
				  requirements.
Authority:
AS
					 38.05.020
AS
					 38.05.082
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 65 - Personal Use Cabin Permits › 11 AAC 65.010 - Applicability

Current through May 31, 2024
This chapter applies to the issuance of personal use cabin
				  permits for unauthorized cabins placed on state land before August 1, 1984.
				  Cabins built on state land after August 1, 1984 will not be authorized. A
				  permit under this chapter does not convey an interest in state land or
				  establish a preference right for the lease or purchase of state land. It is the
				  express intent of this chapter to phase out the use of unauthorized cabins on
				  state land, and where appropriate, convert them to public
				  use.
Authority:
AS
					 38.04.035
AS 38.04.900
AS 38.05.020
AS
					 41.21.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 65 - Personal Use Cabin Permits › 11 AAC 65.020 - Applications

Current through May 31, 2024
(a) An application for a permit to use an
				existing cabin on state land must
(1) be
				received by the department during a 60-day application period established by
				the department and announced by public notice; the application period will be
				open for one time only by geographic location;
(2) be made on a form provided by the
				department;
(3) be complete and
				correct to the best of the applicant's knowledge;
(4) contain a description of the cabin and
				site;
(5) contain a description of
				the proposed use of the cabin and site;
(6) be signed and dated by the applicant or,
				in the case of a group of applicants, by the applicant's authorized
				agent.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 65 - Personal Use Cabin Permits › 11 AAC 65.030 - Application fee

Current through May 31, 2024
The application fee required by
				  11 AAC 65.020 is not refundable.
				  However, if the department determines that an application made under this
				  chapter should have been made under a different chapter, the application fee
				  may be applied to an application made under another chapter.
Authority:
AS
					 38.04.035
AS 38.04.900
AS 38.05.020
AS
					 41.21.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 65 - Personal Use Cabin Permits › 11 AAC 65.040 - Renewals

Current through May 31, 2024
(a) Application for renewal of a permit must
				be made in writing at least 90 days, but not more than 180 days, before the
				expiration of the permit. The application must be accompanied by the fee
				prescribed by 11 AAC 05.180.
(b) A
				permit will be renewed if the continued use complies with
				11 AAC 65.050 -
				11 AAC 65.900.
(c) A permit issued and renewed under this
				chapter is valid only during the lifetime of the original holder of that
				permit.
Authority:
AS
					 38.04.035
AS 38.04.900
AS 38.05.020
AS
					 41.21.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 65 - Personal Use Cabin Permits › 11 AAC 65.050 - Permit decision

Current through May 31, 2024
(a) The department will issue and renew an
				applicant's cabin permit if the director finds in writing that the application
				is for a cabin that complies with
				AS
				38.04.035(4) and does not
				conflict with the public interest criteria as described in (b) of this
				section.
(b) No permit will be
				issued for a cabin on state land
(1) where a
				subdivision or agricultural sale has occurred or is anticipated or scheduled
				during the term of the permit;
(2)
				where homesteads are proposed for future disposal, unless the disposal is not
				anticipated within the term of the permit;
(3) if the land has been selected under the
				authority of the Municipal Entitlement Act, AS 29.18;
(4) in state park units, land managed under
				an interagency land management agreement, land classified as reserved use, or
				where the issuance of a permit would interfere with significant public
				recreational use;
(5) that is
				shoreland, submerged land, or tideland;
(6) that serves an important ecological
				function, or is especially sensitive to human disturbance, as determined by the
				department;
(7) located close to a
				center of population;
(8) where
				material extraction, timber sales, mining, or intensive recreational facility
				development is scheduled or anticipated during the term of the
				permit;
(9) overlying a mining
				location or mineral lease if the department determines that a cabin may
				interfere with development of the mining location or mineral lease during the
				term of the permit;
(10) under
				application or proposed for a public facility or highway right-of-way unless it
				is clear that the intended use will not occur during the term of the
				permit;
(11) for which a Native
				allotment application is on record with the Bureau of Land Management, or on
				land validly selected under the Alaska Native Claims Settlement Act;
(12) accessible by road within legislatively
				designated state game refuge or critical habitat area;
(13) in a legislatively designated state game
				sanctuary;
(14) where the cabin is
				used as a permanent residence; or
(15) if the department determines that the
				proposed use may more appropriately be allowed under another chapter of this
				title.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 65 - Personal Use Cabin Permits › 11 AAC 65.060 - Density within state game refuges and critical habitat areas

Current through May 31, 2024
Densities and configurations of public cabins within state
				  game refuges and critical habitat areas will be determined based upon habitat
				  type, wildlife seasonal use patterns, wildlife sensitivity to disturbance, and
				  the applicant's proposed type and season of use. Permits will be issued if the
				  density and configuration of cabins and associated uses are not found in
				  conflict with (1) the public interest during the term of the permit, (2) the
				  maintenance or enhancement of fish and wildlife populations and their habitats,
				  or (3) general public use.
Authority:
AS
					 16.20.050
AS 16.20.250
AS 38.04.035
AS 38.04.900
AS 38.05.020
AS
					 41.21.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 65 - Personal Use Cabin Permits › 11 AAC 65.070 - Conflicting applications

Current through May 31, 2024
If the director determines that two or more applications for
				  the same cabin are equally valid, the department will choose the permittee by
				  lottery from the valid applications received.
Authority:
AS
					 38.04.035
AS 38.04.900
AS 38.05.020
AS
					 41.21.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 65 - Personal Use Cabin Permits › 11 AAC 65.080 - Ownership and removal

Current through May 31, 2024
(a) Except as otherwise provided in (b) or
				(c) of this section, a cabin subject to this chapter is the personal property
				of the permittee, and remains so for the term of the permit.
(b) A cabin not applied for under this
				chapter becomes the property of the state if not removed within 60 days after
				notice by the department.
(c) Upon
				revocation or expiration of a permit, including renewals of it, or if an
				application was made but no permit issued, the cabin becomes the property of
				the state if not removed within 60 days after notice by the
				department.
Authority:
AS
					 38.04.035
AS 38.04.900
AS 38.05.020
AS
					 41.21.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 65 - Personal Use Cabin Permits › 11 AAC 65.090 - Conditions of permit

Current through May 31, 2024
A permit issued under this chapter
(1) is valid for a period of up to six
				years;
(2) may include
				site-specific conditions of use, such as seasonal use restrictions determined
				appropriate by the department and, on game refuges and critical habitat areas,
				by the Department of Fish and Game;
(3) is not valid unless signed by an
				authorized individual within the Department of Fish and Game if the permit is
				for a cabin located within a state game refuge or critical habitat
				area;
(4) is not valid unless the
				annual cabin rental fee prescribed by 11 AAC 05.180 is timely received by the
				department;
(5) is not valid
				unless the permit is signed by the applicant or applicant's authorized agent;
				and
(6) will contain the following
				general stipulations and conditions:
(A) the
				permit does not convey an interest in state land or grant any preference right
				for the lease or purchase of state land;
(B) the permit is revocable immediately upon
				violation of any of its terms, conditions, or stipulations, upon nonpayment of
				fees, or upon failure to comply with any other applicable statutes and
				regulations;
(C) the permit is not
				transferable or assignable;
(D) the
				permit must be displayed in general view on the cabin at all times;
(E) no additions to or enlargements of the
				cabin are allowed, except for routine maintenance and upkeep;
(F) all garbage and foreign debris brought
				into, or placed on, the cabin site must be removed by the permittee unless
				otherwise authorized by the director;
(G) the state must be held harmless from all
				claims, demands, suits, loss, liability, and expense for injury to, or death
				of, a person arising out of or connected with the uses covered by the
				permit;
(H) if the cabin is
				destroyed or damaged beyond repair, rebuilding the structure is not authorized
				without prior written approval of the director; this approval may not be
				unreasonably withheld;
(I) the
				cabin may not be used for a commercial activity or as a permanent
				residence;
(J) no new road or trail
				across state land is authorized under the permit, and access must be consistent
				with the provisions of 11 AAC 96;
(K) no restriction or interference with
				public access to or across state land is allowed;
(L) the permit does not relieve the permittee
				of the responsibility of securing other necessary state, federal, or local
				permits or authorizations; and
(M)
				the department reserves the right to require measures to mitigate disruptions
				to public use of the area, and to fish and wildlife populations and their
				habitats, which may be created by the permittee, or occur as a direct result of
				the permittee's failure to comply with the terms of the permit or any
				applicable law.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 65 - Personal Use Cabin Permits › 11 AAC 65.100 - Appeals

Current through May 31, 2024
(a) The department will publish notice of its
				intent to issue a permit under this chapter in a newspaper of general
				circulation in the vicinity of the area covered by the permit.
(b) An eligible person who is affected by a
				permit decision by the director may appeal that decision to the commissioner in
				accordance with 11 AAC 02. A person who is affected by a permit decision by the
				Department of Fish and Game in the case of a cabin on a state game refuge or
				critical habitat area may appeal to the commissioner of the Department of Fish
				and Game in accordance with 5 AAC 95.
Authority:
AS
					 38.04.035
AS 38.04.900
AS 38.05.020
AS 41.21.020
AS
					 44.37.011
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 65 - Personal Use Cabin Permits › 11 AAC 65.110 - Public use cabins

Current through May 31, 2024
As of December 17, 1984, the department will consider making
				  available for public use, any cabin for which a permit is not issued under this
				  chapter.
Authority:
AS
					 38.04.035
AS
					 38.05.020