reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 8 - General Provisions › 5 AAC 40.890 - Information

Current through May 31, 2024
The department will exchange information with the
					 Department of Commerce, Community, and Economic Development, including copies
					 of annual reports required to be submitted under
					 AS
					 16.10.470, in order to ensure consistency
					 between reports submitted by the permit holder to both
					 agencies.
As of Register 171 (October 2004), the regulations
						attorney made technical revisions under
						AS
						44.62.125(b)(6) to reflect
						the name change of the Department of Community and Economic Development to the
						Department of Commerce, Community, and Economic Development made by ch. 47, SLA
						2004 and the corresponding title change of the commissioner of community and
						economic development.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.470
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 8 - General Provisions › 5 AAC 40.990 - Definitions

Current through May 31, 2024
In this chapter,
(1) "commissioner" means the commissioner of
				  the Department of Fish and Game or his designee;
(2) "common property fishery" means any
				  fishery in which the general public is allowed to harvest fish subject to state
				  and federal law;
(3) "completed
				  application" means a final application that has been accepted by the
				  commissioner and that contains a draft basic management plan for the operation
				  of the facility and a completed management feasibility analysis;
(4) "department" means the Alaska Department
				  of Fish and Game;
(5) "enhancement"
				  means a strategy designed to supplement allowable harvest of natural freshwater
				  and anadromous species; enhancement activities are primarily designed to
				  implement artificial or semi-artificial production systems or to increase the
				  amount of productive natural habitat;
(6) "escapement" means all fish that escape
				  the common property fishery and includes two categories of escapement:
(A) the number of broodstock or spawners
				  required to perpetuate and achieve natural, semi-artificial, and artificial
				  production objectives; and
(B) the
				  number of hatchery-produced fish taken for the hatchery harvest requirement, to
				  be used to pay for the hatchery's reasonable operating and capital costs, at
				  current market prices for the species involved;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 1 - Scope of Regulations › 5 AAC 41.001 - Application of this chapter

Current through May 31, 2024
The provisions of this chapter govern the collection,
					 transportation, possession, propagation, or release of aquatic organisms
					 transplanted for or cultivated for human consumption or sport fishing purposes,
					 or as part of a program for scientific, educational, or propagative purposes;
					 the collection, transportation, possession, propagation, or release of aquatic
					 organisms for conservation purposes; and the transportation and posses ion of
					 aquatic organisms for commercial purposes including aquatic farming, aquarium
					 stocking, and guided sport ecotourism fishing. Unless specifically provided,
					 the provisions of this chapter do not apply to the cultivation of ornamental
					 fish.
Authority:
AS
						16.05.050
AS
						16.05.251
AS
						16.40.100
AS
						16.40.160
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 2 - Permit System Established › 5 AAC 41.005 - Permit required

Current through May 31, 2024
(a) Except as otherwise provided, a person
				  may not collect, transport, possess, propagate, export from the state, or
				  release into the waters or the landes of the state, any aquatic organism,
				  unless the person holds a fish transport or aquatic resource permit issued by
				  the commissioner, and the person is in compliance with all conditions of the
				  permit and the provisions of this chapter. A fish transport or aquatic resource
				  permit will be issued for a fixed term subject to the provisions of this
				  section. Notwithstanding the provisions of this subsection, and except as
				  restricted under
				  AS
				  16.10.240, a licensed processor may export
				  live shellfish out of the waters of the state for human consumption without a
				  fish transport permit only after complying with all applicable reporting
				  requirements.
(b) A permit issued
				  under this chapter authorizes only that operation specified in the permit and
				  is not transferrable. Additional personnel may engage in activities authorized
				  by the permit only after written approval by the department. Any change of
				  species, stock, or location of permitted activities requires a new permit. Any
				  other change requires an amendment to the permit. Possession of a permit does
				  not relieve the permit holder of the responsibility for securing any other
				  local, state, or federal permits that may be required.
(c) If the commissioner determines that an
				  applicant made a false statement on an application, affidavit, permit, or
				  report required by this chapter, or omitted material information, the
				  commissioner may suspend or revoke the permit, and deny future permit
				  applications submitted by the applicant.
(d) Notwithstanding the expiration,
				  termination or suspension of a fish transport permit, each permittee is
				  responsible for the obligations arising under the terms and conditions of the
				  permit, and under the provisions of this chapter.
(e) Unless otherwise provided in regulation
				  or by emergency order, a permit is not required for transportation of aquatic
				  organisms harvested or caught under sport, personal use, subsistence, or
				  commercial regulation from the place of harvest or capture to a place within
				  the state for processing, or commercially caught or harvested aquatic organisms
				  to a place within the state for sale.
Authority:
AS
						16.05.060
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 2 - Permit System Established › 5 AAC 41.010 - Uniform application procedures for fish transport and aquatic resource permits

Current through May 31, 2024
(a) Each applicant for a fish transport or
				  aquatic resource permit shall submit, on a form provided by the department, the
				  following information:
(1) identification of
				  each species and location of the stock to be collected, transported, possessed,
				  propagated, or released;
(2) the
				  destination of the transported aquatic organism and the release site;
(3) the number of aquatic organism and their
				  life history stage or age;
(4) a
				  descriptive history of previous transport of the stock and related
				  activities;
(5) a statement on the
				  health or condition of the aquatic organisms, including a disease history of
				  the stock, a disease history of the hatchery or rearing facilities through
				  which they may have passed, and any previous disease treatments or
				  vaccinations. If the disease history is incomplete or unavailable, a broodstock
				  inspection and certification under
				  5 AAC 41.020 may be required;
(6) isolation measures planned to control
				  disease during transport and holding, including a description of containers,
				  depuration measures, and plans for disinfection;
(7) repealed 1/10/2018;
(8) the source of water for holding and
				  rearing,, and proposed effluent discharge location;
(9) identification and status of stocks in
				  the area of collection, holding, and release, including a statement of expected
				  interactions with other stocks in these areas;
(10) a description of the method and the
				  expected dates of collection, transport, holding, or release;
(11) the purpose and expected benefits of the
				  activity; and
(12) evaluation
				  plans.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 2 - Permit System Established › 5 AAC 41.020 - Inspection for disease of broodstock

Current through May 31, 2024
If the disease history of the broodstock is unavailable or
					 incomplete and the department requires under
					 5 AAC 41.010(a)(5), an inspection of
					 the broodstock to detect disease must be scheduled by the applicant and
					 conducted by the appropriate fish pathology section of the department's
					 division of commercial fisheries, or by a person designated by the fish
					 pathology section. The applicant must submit samples of the broodstock as
					 directed by the fish pathology section for the purpose of inspection. The
					 applicant will receive a certification from the fish pathology section upon
					 successful completion of the inspection.
The department's division of commercial fisheries fish
						pathology section offices are designated as and located at the following
						locations:
Fish Pathology Section
333 Raspberry Road
Anchorage, Alaska
Telephone: (907) 267-2244
Fish Pathology Section
P.O. Box 115526
3333 Old Glacier Highway
Juneau, Alaska
Telephone: (907) 465-3577
						=forme
Authority:
AS
						16.05.251
AS
						16.05.733
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 2 - Permit System Established › 5 AAC 41.030 - Permit issuance, suspension, denial, or revocation. For fish transport or aquatic resource permits issued under this chapter

Current through May 31, 2024
(1) the
				  commissioner will issue a permit if the commissioner determines that the
				  proposed activity will not adversely affect the continued health and
				  perpetuation of native, wild, or enhanced stocks of aquatic organisms,
				  fisheries, and research, management, monitoring, or enforcement
				  activities;
(2) the commissioner
				  will issue a permit with terms and conditions attached if the commissioner
				  determines that the terms and conditions are necessary to protect the continued
				  health and perpetuation of native, wild, or enhanced stocks of aquatic
				  organisms, fisheries, and research, management, monitoring, or enforcement
				  activities;
(3) the commissioner
				  will deny a permit, or an amendment to a permit, if the applicant's proposed
				  plans, methods, or specifications are not adequate to protect the continued
				  health and perpetuation of native, wild, or enhanced stocks of aquatic
				  organisms, fisheries, and research, management, monitoring, or enforcement
				  activities. Written notice of denial shall be given to the applicant, including
				  the reasons for denial.
(4) the
				  commissioner will approve, condition, or deny a permit not later than 45 days
				  after a completed application as specified in
				  5 AAC 41.010 has been received in the appropriate
				  office. The commissioner may extend the review period for complex or large
				  projects.
(5) the commissioner
				  shall revoke or suspend the permit, or particular provisions of the permit
				  including amendments, if the commissioner finds.
(A) on the basis of new information or
				  changed circumstances, that the permitted activity will adversely affect the
				  continued health and perpetuation of native, wild, or enhanced stocks of
				  aquatic organisms, fisheries, and research, management, monitoring, or
				  enforcement activities; or
(B) the
				  permit holder has failed to comply with permit terms or the provisions of this
				  chapter;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 2 - Permit System Established › 5 AAC 41.040 - Amendments to the permit

Current through May 31, 2024
(a) A permit holder
				  may request amendment of a fish transport or aquatic resource permit by
				  submitting, in writing to the department office where the permit was issued, an
				  amended plan and a statement explaining why the amendment is
				  necessary.
(b) The commissioner
				  will issue an amendment to the permit upon a determination made under
				  5 AAC 41.030(1) or (2). The
				  commissioner will approve, condition, or deny a request for amendment no later
				  than 30 days after receipt of the request.
(c) The commissioner may alter or amend
				  permit conditions at any time if additional information, unforeseen changes, or
				  changed circumstances affect the adequacy of permit terms and
				  conditions.
(d) Amendments approved
				  by the commissioner become effective when received by the permit holder, or at
				  a later date specified in the amendment. Unless otherwise specified, amendments
				  remain valid for the duration of the permit and must be attached to the
				  original permit.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 2 - Permit System Established › 5 AAC 41.050 - Permit conditions

Current through May 31, 2024
The commissioner may prescribe conditions on a fish
					 transport or aquatic resource permit to control the occurrence of disease,
					 genetic change, or other disturbances of biological origin affecting native,
					 wild, or enhanced stocks, or to minimize effect on fisheries or other uses of
					 aquatic resource, including research, management, monitoring, or enforcement
					 activities. These conditions may include: designation of broodstock and release
					 locations; methods of collection, transport, holding, or release; quarantine
					 and depuration requirements and procedures; disease inspections; disposal of
					 wastes and effluents; timing of transportation and release; reporting
					 requirements; and other measures necessary to achieve the purposes of this
					 chapter.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 2 - Permit System Established › 5 AAC 41.060 - Retention of permit for inspection

Current through May 31, 2024
(a) After issuance,
				  a copy of the fish transport or aquatic resource permit including any
				  amendments must be retained by the permit holder and be made available upon
				  request for inspection by a representative of the department or a law
				  enforcement officer of the Department of Public Safety. A copy of the permit
				  must also be available at all field collection and project sites, and accompany
				  the authorized transport of aquatic organisms.
(b) For the purposes of inspecting and
				  monitoring compliance with the terms of the permit or the requirements of this
				  chapter, each permit holder shall give authorized representatives of the
				  department, and law enforcement officers of the Department of Public Safety,
				  free and unobstructed access at all times to permit sites. Each permit holder
				  shall give such assistance and furnish information the representative or law
				  enforcement officer may reasonably require for monitoring and
				  inspection.
Authority:
AS
						16.05.251
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 3 - General Provisions › 5 AAC 41.070 - Prohibitions on importation and release of live fish

Current through May 31, 2024
(a) Except as
				  provided in (b) - (d) of this section, no person may import any live fish into
				  the state for purposes of stocking or rearing in the waters or the lands of the
				  state.
(b) Live oysters from the
				  Pacific Coast of North America may be imported, transported, or possessed for
				  aquaculture purposes, including research, under a transport permit required by
				  this chapter, and may be released into the waters of the state only if the
(1) broodstock is derived from oysters
				  commercially cultured on the Pacific Coast of North America through three or
				  more generations; and
(2) disease
				  history or an inspection indicates no incidence of disease that is not
				  indigenous to the state or is not considered to be a risk to indigenous stocks,
				  and oyster health or marketability.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 3 - General Provisions › 5 AAC 41.075 - Classification of banned invasive species

Current through May 31, 2024
(a) In consultation
				  with the department, the board will classify certain normative species as
				  banned invasive species under this section.
(b) When considering proposals to classify a
				  certain normative species as a banned invasive species, or removing a species
				  from the list of banned invasive species specified in (c) of this section, the
				  board will consider and determine the potential of the species to
(1) survive, grow, reproduce, and establish
				  reproductive populations in this state;
(2) cause a genetic alteration of a species
				  indigenous to this state;
(3)
				  compete for food, habitat, and resources with a species indigenous to this
				  state;
(4) degrade or make
				  uninhabitable habitats used by species indigenous to this state;
(5) transmit a disease to a species
				  indigenous to this state or to humans;
(6) threaten the health or population of a
				  species indigenous to this state or to humans;
(7) cause economic or environmental
				  harm.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 3 - General Provisions › 5 AAC 41.080 - Reporting and control of fish diseases at egg-take sites, hatcheries, and rearing facilities

Current through May 31, 2024
(a) The requirements of this section apply to
				  all public and private egg-take programs, fish hatcheries, and fish rearing
				  facilities in the state.
(b) Within
				  24 hours of taking and fertilizing live fish eggs or transporting live fish
				  eggs between watersheds, all eggs must be treated, for at least 10 minutes,
				  with an iodine solution of at least 100 parts per million of active iodine
				  ingredient, with pH at least 6.0 or greater, or in a manner approved by the
				  fish pathology section of the department. This requirement does not apply to
				  shellfish eggs, and the commissioner may also exempt eggs taken at large-scale
				  pink and chum salmon facilities where the operational history for the preceding
				  five years shows that disease has not been a problem in returning stocks of
				  fish.
(c) As determined by the
				  commissioner, each fish hatchery or fish rearing facility may be inspected by
				  the department's fish pathology section once every other year or less depending
				  on the suitability of the fish stock disease histories. The commissioner may
				  require and conduct additional inspections if the disease history of the stock
				  or facility is incomplete, or if the disease history or current condition of
				  the stock evidences incidence of disease.
(d) The occurrence of any of the following
				  pathogens or diseases of fish must immediately be reported to the department's
				  fish pathology section:
(1) Finfish Pathogen
				  Categories:
(A) Class I - Pathogens of
				  Critical Concern.
(iii)
Piscirickettsia
;
(iii) VHSV - Viral hemorrhagic septicemia
				  virus (genotypes I - III and IVb);
(iii) IPNV - infectious pancreatic necrosis
				  virus;
(iv) OMV - Oncorhynchus
				  masou virus;
(v)
Herpesvirus
				  salmonis
;
(vi) Whirling
				  disease (
Myxobolus cerebralis
);
(vii) ISAV - Infectious salmon anemia
				  virus;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 3 - General Provisions › 5 AAC 41.090 - Delegation of authority

Current through May 31, 2024
The commissioner may delegate to designated employees of
					 the department the authority to administer the provisions of this
					 chapter.
Authority:
AS
						16.05.020
AS
						16.05.270
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.200 - Applicability of regulations

Current through May 31, 2024
The provisions of
					 5 AAC 41.200 -
					 5 AAC 41.400
(1) apply to applications for, and review and
				  issuance of,
(A) aquatic farm and hatchery
				  operation permits;
(B) stock
				  acquisition and transport permits; and
(C) shellfish and aquatic plant transfer
				  permits; and
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.210 - Permit required (Repealed)

Current through May 31, 2024
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.220 - Aquatic farm and hatchery operation permit applications

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.230 - Additional information

Current through May 31, 2024
If, after an application has been submitted to the
					 department, the department determines that information in the application is
					 insufficient for an adequate evaluation of the proposed aquatic farm or
					 hatchery, the department will request additional information from the applicant
					 to be submitted within 30 days of the date of the request for additional
					 information. If the additional information is not received by the department
					 within 30 days of the date of the request, the department will deny the
					 application.
Authority:
AS
						16.05.050
AS 16.05.092
AS 16.40.100
AS 16.40.105
AS 16.40.110
AS
						16.40.160
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.235 - Determination of insignificant population

Current through May 31, 2024
For the purposes of
					 5 AAC 41.200 -
					 5 AAC 41.400, the commissioner determines that an
					 insignificant population of
(1)
				  geoducks is
(A) no more than 12,000 pounds of
				  geoducks on a six-acre aquatic farm site; or
(B) an average of no more than 2,000 pounds
				  per acre of an aquatic farm site;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.240 - Review and determination

Current through May 31, 2024
(a) The
				  commissioner will review aquatic farm and hatchery operation permit
				  applications, department surveys, and other site specific information and will
				  issue an aquatic farm or hatchery operation permit if the commissioner
				  determines that, to the extent practicable,
(1) the physical and biological
				  characteristics of the location are suitable for culture because
(A) the operation is protected from
				  oceanographic and atmospheric extremes or is designed to withstand such
				  extremes;
(B) the water exchange
				  rates, water temperatures, currents, salinity, and primary productivity are
				  sufficient to support an aquatic farm and maintain a healthy environment for
				  other marine organisms;
(C) for
				  on-bottom culture, the substrate composition is suitable for the target species
				  or can be enhanced and still maintain a healthy environment for other marine
				  organisms;
(D) for suspended
				  culture, the water depth is sufficient to prevent gear from grounding and
				  impacting the benthos under floating structures;
(E) the health and abundance of eelgrass and
				  kelp beds can be maintained;
(F)
				  the operation is not located within 300 feet of the mouth of an anadromous fish
				  stream;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.245 - Acquisition of wild resources (Repealed)

Current through May 31, 2024
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.246 - Harvest of insignificant population on aquatic farm site

Current through May 31, 2024
In the course of operating an on-bottom aquatic farm, an
					 aquatic farm operation permit holder may harvest and sell an insignificant
					 population of wild stock of the species, as determined under
					 5 AAC 41.235, that are approved for culture and
					 occupying the aquatic farm site at the time the permit was
					 issued.
Authority:
AS
						16.05.050
AS 16.40.100
AS 16.40.105
AS
						16.40.160
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.250 - Permit conditions

Current through May 31, 2024
(a) The commissioner will attach conditions
				  to an aquatic farm or hatchery operation permit, including requirements that a
				  permit holder
(1) improve the productivity of
				  the species intended for culture according to the operation and development
				  plan;
(2) limit an aquatic farm or
				  hatchery to the culture of species approved by the department;
(3) not store or otherwise possess animals or
				  aquatic plants of the same species being cultured that have been commercially
				  or recreationally harvested, unless the commercially or recreationally
				  harvested animals or aquatic plants are clearly separated from cultured
				  species, labeled, and if applicable, accompanied with a receipt of
				  purchase;
(4) repealed
				  1/26/2012;
(5) prevent aquatic farm
				  and hatchery operations from significantly altering an established use of fish
				  and wildlife resources;
(6) conduct
				  aquatic farm and hatchery operations in a manner that avoids significantly
				  affecting fish, wildlife, and their habitats in an adverse manner;
(7) avoid adverse effects of predator
				  exclusion methods on the environment and incidental species;
(8) report all acquisitions of wild stock of
				  the species intended for culture;
(9) report observations of non-native or
				  exotic species occurring on the aquatic farm site;
(10) except for wild stock removed by a
				  common property fishery, as provided in
				  AS
				  16.40.100(e), upon
				  termination of a permit for on-bottom culture, leave an approximate number of
				  the species that were approved for culture on the aquatic farm site sufficient
				  to restore the population to the level that was present when the site was
				  permitted for use as an aquatic farm or hatchery;
(11) if the commissioner authorizes the
				  removal and sale of the excess amount of wild stock from an aquatic farm site
				  under
				  AS
				  16.40.100(f), pay reasonable
				  compensation to the state as determined by the commissioner under this
				  paragraph for the harvest and sale of the excess wild stock; the commissioner
				  will specify a reasonable amount of time, not to exceed five years, in the
				  operation permit for the permit holder to harvest and sell the excess amount of
				  wild stock; for the purposes of this paragraph, the commissioner determines
				  that reasonable compensation is a proportion of whichever is the greater of the
				  average ex-vessel price paid in the most recent commercial fishery or the
				  amount paid at the first point of sale; the proportion for
(A) live geoducks is 21 percent;
(B) processed geoducks is 8
				  percent;
(C) shellfish, other than
				  geoducks, will be determined by the commissioner on a case-by-case
				  basis.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.255 - Amendments to aquatic farm or hatchery operation permits

Current through May 31, 2024
(a) An aquatic farm
				  or hatchery operation permit holder may submit a request to the department for
				  an amendment to the operation permit on the amendment form provided by the
				  department.
(b) The commissioner
				  will issue a decision on the request for an amendment to the operation permit
				  within 30 days after the request is submitted and considered complete by the
				  commissioner.
(c) If the
				  commissioner approves a request for an amendment to the operation permit under
				  this section, the department will amend the operation permit with the approved
				  modifications and permit conditions.
(d) The commissioner or the commissioner's
				  designee may, in the commissioner's or commissioner's designee's own
				  discretion, alter or amend permit terms and conditions if
(1) additional information or unforeseen
				  changes require the relaxation of permit terms or conditions; or
(2) changed circumstances affect the adequacy
				  of permit terms and conditions.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.257 - Security requirements for wild stock geoduck restoration

Current through May 31, 2024
(a) Within one year
				  after the harvest of wild stock geoducks on an aquatic farm site begins, the
				  aquatic farm operation permit holder shall provide to the department proof
				  under (b) of this section that the permit holder has reseeded the aquatic farm
				  site where the wild stock geoducks were harvested. The reseeding must be based
				  on a ratio of five hatchery-produced spat to one geoduck harvested. The number
				  of geoducks to be reseeded is based on the fish ticket data from the sale of
				  wild stock.
(b) The aquatic farm
				  operation permit holder shall submit proof of reseeding information for an
				  aquatic farm site to the department, including the following:
(1) a completed proof of reseeding form
				  provided to the permit holder by the department;
(2) a bill of sale from a state approved
				  hatchery showing purchase of geoduck spat that provides the
(A) number of spat shipped;
(B) name of the permit holder the spat was
				  shipped to; and
(C) size of geoduck
				  spat shipped;
(3) a
				  transport permit from a hatchery or nursery showing the transport of spat to
				  the specific aquatic farm site;
(4)
				  repealed 1/26/2012;
(5) repealed
				  1/26/2012.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.258 - Determination of geoduck status

Current through May 31, 2024
(a) After at least
				  five years from the date of first planting of spat on an aquatic farm site, an
				  aquatic farm operation permit holder may submit a request to the department for
				  an amendment to the operation permit under
				  5 AAC 41.255 regarding the status of geoducks on the
				  aquatic farm site. The remaining geoducks on an aquatic farm site will be
				  deemed aquatic farm product if the commissioner determines that
(1) an adequate number of spat have been
				  planted based on the permit holder's previous annual reports;
(2) the permit holder has made a reasonable
				  effort to harvest wild stock geoducks contained on the aquatic farm site based
				  on the permit holder's fish tickets; the provisions of this paragraph do not
				  apply to an aquatic farm site that was subjected to a common property fishery
				  or where the department has survey or other data indicating that an
				  insignificant population of wild stock geoducks, as determined under
				  5 AAC 41.235, exists on the site;
(3) the permit holder has engaged in
				  activities to improve the productivity of the geoducks according to the
				  operation and development plan;
(4)
				  identifying wild stock from aquatic farm product is no longer
				  practicable.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.260 - Inspection of an aquatic farm or hatchery

Current through May 31, 2024
(a) An aquatic farm
				  or hatchery operation permit holder shall retain a copy of the operation
				  permit, including any amendments, and make it available upon the request of a
				  representative of the department or the Department of Public Safety.
(b) For the purpose of inspecting and
				  monitoring compliance with the terms of the aquatic farm or hatchery operation
				  permit or the requirements of this chapter, an aquatic farm or hatchery
				  operation permit holder shall allow inspection of the aquatic farm or hatchery
				  site by a representative of the department if the department notifies the
				  permit holder at least 48 hours before the inspection.
(c) If an aquatic farm or hatchery operator
				  is not in compliance with the terms and conditions of the operation permit for
				  the facility, the commissioner will issue a notice of non-compliance under
				  5 AAC 41.250.
(d) Nothing in this section precludes the
				  enforcement of other fish and game laws and regulations.
Authority:
AS
						16.05.050
AS 16.05.092
AS 16.40.100
AS 16.40.150
AS
						16.40.160
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.270 - Fish ticket; reporting requirement and annual report

Current through May 31, 2024
(a) At least 24
				  hours before the landing of each harvest of wild stock harvested from the
				  permit holder's aquatic farm site, the permit holder must notify, during
				  business hours, a representative of the department by telephone. The
				  notification must include
(1) an estimate of
				  the number of pounds of wild stock the aquatic farm permit holder intends to
				  land;
(2) where the first place of
				  landing will be; and
(3) the
				  anticipated time of the landing.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.275 - Annual Hatchery Management Plan (Repealed)

Current through May 31, 2024
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.276 - Hatchery management plans and reports

Current through May 31, 2024
(a) The annual
				  report form specified in
				  5 AAC 41.270(e) will include the brood
				  stock acquisitions and production by species conducted by a permitted hatchery
				  the previous year and other information requested by the
				  commissioner.
(b) No later than
				  January 15 of each year, a hatchery operation permit holder shall provide an
				  updated annual management plan to the department. The annual hatchery
				  management plan must include the following:
(1) anticipated brood stock acquisition
				  needs;
(2) number of species to be
				  collected;
(3) location of species
				  to be collected;
(4) schedule of
				  species collection;
(5) anticipated
				  transports;
(6) projected
				  availability of seed stocks for the upcoming year.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.277 - Marking requirement for aquatic farm or hatchery site

Current through May 31, 2024
An aquatic farm or hatchery site must be marked as
					 follows:
(1) for a suspended culture
				  operation, an identification surface buoy or sign with the name, physical
				  address, and telephone number of the principal operator with legible numbers
				  and letters that are at least one and one-half inches high and one-quarter inch
				  wide in a color that contrasts with the background must be placed on one corner
				  of the suspended culture operation;
(2) for an intertidal culture operation,
				  on-bottom delineation must be visibly marked with a weighted marker or stake
				  that is
(A) adequately secured and placed on
				  all corners of the site parcel; or
(B) if the site is not fully operational,
				  placed on all corners of the operational area within the coordinates of the
				  site parcel defined in the operation permit;
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.280 - Permit renewal or transfer

Current through May 31, 2024
(a) At least 30
				  days before the expiration date of the operation permit or the date of
				  transfer, an aquatic farm or hatchery operation permit holder must apply for
				  the renewal or transfer of an operation permit by submitting the
(1) renewal or transfer form provided by the
				  department; and
(2) $100 renewal or
				  transfer fee.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.285 - Aquatic stock acquisition on an aquatic farm site

Current through May 31, 2024
Wild stock of the species identified for culture in the
					 operation permit that settle on an aquatic farm, hatchery site, or culture
					 gear, become the property of the aquatic farm or hatchery operation permit
					 holder as a condition of the operation permit.
Authority:
AS
						16.05.050
AS 16.05.092
AS 16.40.100
AS 16.40.120
AS
						16.40.160
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.290 - Aquatic stock acquisition from outside an aquatic farm site

Current through May 31, 2024
(a) A person,
				  including an aquatic farm or hatchery operation permit holder, intending to
				  collect wild stock from outside an aquatic farm site, for the purpose of
				  providing broodstock or seed stock to an aquatic farm or hatchery, or an
				  aquatic farm or hatchery operator intending to acquire wild stock for culture,
				  must obtain an aquatic stock acquisition and transport permit from the
				  commissioner. An applicant shall apply on an aquatic stock acquisition and
				  transport permit form provided by the department at least 30 days before the
				  proposed acquisition.
(b) To
				  determine whether wild stock is necessary to meet the initial needs of an
				  aquatic farm or hatchery, the commissioner will consider if the
(1) applicant has access to seed stock or
				  broodstock from a previously permitted source, including an aquatic farm or
				  hatchery that is operating within the state;
(2) wild stock is fully utilized;
(3) acquisition will impair sustained yield
				  of the species; or
(4) acquisition
				  will unreasonably disrupt an established use of the resource.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.295 - Stock transport permits

Current through May 31, 2024
(a) A transfer of
				  stock to, from, or between an aquatic farm, hatchery, or stock acquisition site
				  may not occur without a stock transport permit issued by the commissioner. An
				  applicant shall apply on a stock transport permit application form provided by
				  the department and submit the application form to the department at least 45
				  days before date of transport.
(b)
				  Before an applicant submits a stock transport permit application to the
				  department under this section, the supplier of the stock must contact the
				  department to arrange to send samples of the stock intended for transport. The
				  department will conduct a health inspection of the samples. Within 120 days
				  after receipt of the supplier's samples of stock, the department will provide a
				  written disease history report to the supplier of the stock to notify the
				  supplier that the
(1) current disease history
				  report is acceptable and that no further inspection is required;
(2) health inspection detected the presence
				  of pathogens or parasites of a type that make transport
(A) acceptable under specified conditions;
				  or
(B) unacceptable.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 41 - Collection, Transportation, Possession, Propagation, or Release of Aquatic Organisms; Aquatic Farming › Article 4 - Aquatic Farming › 5 AAC 41.300 - Limitations on sale, transfer of stock, and products (Repealed)

Current through May 31, 2024