Aquatic Farm Regulation revisions effective January 29, 2010
These proposed regulations were drafted to address concerns of individuals with subtidal geoduck aquatic farm permits, provide management provisions specific to on-bottom farm culture methods, provide shellfish hatchery management plan and report requirements, correct citations, and clarify sections. For more details on the revision, go to the Regulation section below.
Aquatic Farm Site Program Application Opening and Review Process
2009 Proposed Aquatic Farm Opening
(January 1, 2009 through April 30, 2009)
The 2009 aquatic farm opening is now closed for the year. No other applications for the farming of shellfish and sea plants on state-owned tidelands will be accepted except for those offered Over-the-Counter aquatic farm areas and pre-approved sites. The opening is typically scheduled every two years.
Currently, the 2009 aquatic farm applications are being reviewed through a batch process method wherein all applications received during the opening period are processed on the same schedule. See the linked map of proposed aquatic farms in southeast and southcentral Alaska. The proposed aquatic farm projects are being reviewed for applicable state and federal authorizations required to site, develop, operate and have aquatic farm structures in the water. Agencies involved in the review are the Alaska Departments of Natural Resources Divisions of Mining, Land and Water (DNR/MLW) and Coastal Ocean Management (DNR/DCOM); Fish and Game, Environmental Conservation, and US Corps of Engineers.
The application packet provides information about the Alaska Aquatic Farm Program application process, requirements, restrictions and guidance for farm site development, the application for suspended and/or on-bottom aquaculture, and agency contact information and has been separated into three parts: Part I - Application Process Guidelines and Contacts (*PDF File 185KB); Part II - Instructions and Application (*PDF File 601KB); Part III - Authorizations (*PDF File 168KB) required to operate an aquatic farm in the State of Alaska required to operate an aquatic farm site in Alaska. A summary of the application process can be found in Part I of the application package.
Preliminary decisions for the 2009 proposed aquatic farm projects and amendments submitted during the 2009 opening have been drafted by DNR/MLW with input from ADF&G and are located at http://dnr.alaska.gov/mlw/aquatic/index.htm. The Department of Natural Resources is taking public comment on nine Preliminary Decisions and one Amendment Request. The public comment period is from November 9 – December 9, 2009. Links for each project are listed below.
Southcentral Alaska
Southeast Alaska
Alaska Coastal Management Program (ACMP) Consistency Review Public Notices of the proposed aquatic farm projects have been published on the State of Alaska public notice page is as follows: http://notes4.state.ak.us/pn/pubnotic.nsf/PNByDeptActive?OpenView&Start=1&Count=30&Expand=12.5#12.5. Links are found below for the projects (updated as of 11/17/2009). Check the State of Alaska public notice link above for an up to date listing of notices.
Over-the-Counter 208 Aquatic Farm Areas
Another option that is available outside the standard opening is to look at the 103 designated areas that have been through the public review process and are thought to be suitable for aquatic farming. This streamlined approach, allows an applicant to propose an aquatic site within these designated areas and upon approval of the application, and required operation and development plan, the authorizations can in most cases be obtained in 4 to 6 weeks. On-bottom proposed aquatic farm site reviews may take longer depending on the application submittance date and the survey schedules. Any proposed on-bottom aquatic farm site requires a survey fee to be paid to ADF&G to determine the abundance of wild stock shellfish on the proposed site at cost of $5,000 for a subtidal and $2,000 for an intertidal site.
Proposed aquatic farm site within the Over the Counter (OTC) designated areas are applied for on a first come first served basis through the Department of Natural Resources. Once the area is applied for it is taken off the listing even if you ask for only 1 acre of a 5 acre area.
Again these designated areas have already been through the Office of Project Management and Permitting, Alaska Coastal Management Program public review process. For more information on the OTC program, please contact the Department of Natural Resources aquatic farm program manager at (907) 269-8543 or visit the following website:
www.dnr.state.ak.us/mlw/aquatic/otc/index.cfm
Pre-Authorized Sites
In addition, there are also 22 pre-authorized sites that have been closed for various reasons that are also available through Department of Natural Resources at the following website: www.dnr.state.ak.us/mlw/aquatic/otc/index.cfm
Overview of Production and Value:
Annual Mariculture Reports:
Wild stock Harvest on Individual Aquatic Farm Sites:
Geoduck Wildstock Harvest
Aquatic farm operation permit holders of geoduck farms are allowed to harvest insignificant amounts of wild stock geoducks from their farm sites under AS 16. 40.100(b)(2). Currently subtidal farm sites are not permitted if there is a significant amount of wild stock on them under AS 16.40.105(5). As per AS 16.40.155 the department may release records regarding cumulative annual harvests of wild stocks at individual aquatic farm sites. Interim-use permits are issued by Commercial Fisheries Entry Commission (CFEC) each year for subtidal geoducks farm sites. Permit holders must apply for an interim-use permit (that is specific for each farm site) before they can harvest wild stock on their leased and permitted subtidal farm sites. Permit holders must complete a fish ticket for each farm site at the time of harvest.
Details on the annual cumulative number of wild stock geoducks harvested on each permitted subtidal farm by year between 2006 and 2009 are available:
ADF&G certification requirements for nursery facilities that grow out juveniles are on Page 29 of the Regional Information Report 5J03-07, Regulation Changes, Policies and Guidelines for Alaska Fish and Shellfish Health and Disease Control (PDF file* - 865K). By Ted Meyers. March 2003. 75 pp.
To Apply for Aquatic Farm or Hatchery Operation Permit
This application can be submitted only during the Aquatic Farm Openings. The next opening is planned for January – April 2009. This Aquatic Farm application packet is designed to help you obtain the authorizations routinely required by the State of Alaska Departments of Natural Resources (DNR), Fish and Game (ADF&G), Environmental Conservation (DEC), and Division of Governmental Coordination (DGC) to site and construct your aquatic farm project. This packet can be used to apply for the following: Aquatic Farm Operation Permit and Special Area Permit (ADF&G), Aquatic Farm site Lease (DNR), Coastal Zone Consistency Certification (COE) and General Permit 91-7.
An additional permit has to be filled out for proposed aquatic farms located in Kachemak Bay Critical Habitat Area. — PDF file* (98K): Sport Fish Division website.
To Apply for Operation Permit Amendment
This form is required to request an amendment to an existing aquatic farm operation permit issued by ADF&G. The completed amendment form is submitted to ADF&G and is used for an amendment that requires a single agency review by ADF&G. This form would be used for requests for modifications to your current operations, gear, equipment, or facilities, adding new species, additions or updates to the operation and development plan(s). Use the Amendment Matrix (PDF file* (12K) as a guide to aid in identifying agency requirements and forms that apply to each type of proposed change of an aquatic farm operation
This form is required to request an amendment to an existing aquatic farm operation permit (issued by ADF&G) and aquatic farm lease (issued by DNR). The completed amendment form is submitted to DNR Land Mine and Water Aquatic Farm Program Manager and is reviewed and approved by multiple agencies. An amendment request using this form might include modifications of the aquatic farm site footprint (increases or decreases) and significant changes in gear, equipment, and facilities. Use this Amendment Matrix (PDF file* (12K) as a guide to aid in identifying agency requirements and forms that apply to each type of proposed change of an aquatic farm operation.
This form is used to make modifications to the aquatic farm operations and farm production or seed stock goals within the permitted farm boundaries or for additions of new species. This should be attached to the appropriate amendment form. Part A provides a description of your aquatic farm operations over the next 10 years. Part B provides a 10-year schedule of your support facilities, gear types, and anchor systems installations and number of hatchery or nursery seed to be purchased for your operations and projected number of animals, number or pounds, and production sales using the farm gate value of your aquatic farm product. Fill out Part B using optimistic expectation of what is possible within the limits of the permitted farm site and anticipated seed supply. For changes to farm operations only, use Part A Only - PDF file* (53K). For changes to farm production or seed stock goals only, use Part B Only - PDF file* (39K).
To Apply for Operation Permit Renewal
This form is used to request a renewal of your operation permit. A $100.00 renewal fee is required (5AAC 41.280) and must be submitted with the completed form. In addition, a new 10-Year Operation and Development Plan - Part A and B for Renewals - PDF file* (101K) is required to be completed and submitted to ADF&G for review (for copy of plan - see below).
This form is used to renew an aquatic farm operation permit for another 10 years. Part A provides a description of your aquatic farm operations over the next 10 years. Part B provides a 10-year schedule of your support facilities, gear types, and anchor systems installations and number of hatchery or nursery seed to be purchased for your operations and projected number of animals, number or pounds, and production sales using the farm gate value of your aquatic farm product. Fill out Part B using optimistic expectation of what is possible within the limits of the permitted farm site and anticipated seed supply.
To Apply for a Transfer to new Permit Holder
This form is used to request a transfer of your operation permit to another entity. A $100.00 transfer fee is required (5AAC 41.280) and must be submitted with the completed form. If you are transferring your operation permit and there is a lease, please contact DNR to get a reassignment of the lease.
To Apply for Transport of Shellfish Seed or Acquisition of Brood Stock
Required for importing, exporting, and moving seed within the State when the seed is from a CERTIFIED source (Sec. 16.40.130, Sec. 16.40.140, Sec. 16.40.150 and 5 AAC 41.070(b)). See EXAMPLE of a completed Seed Transport Application requesting approval to transport shellfish seed from a certified source to a permitted aquatic farm site – PDF file* (130K).List of certified sources available here
Required when acquiring and/or transporting brood stock. Required when acquiring and/or transporting wild seed stock that is not from a State certified source (Sec. 16.40.120, Sec. 16.40.130, Sec. 16.40.150 and 5 AAC 41.070(b))
To Apply for Research or Enhancement Project Permit
Required of anyone who wants to transport, possess, export from the state, or release into the waters of the state, any live fish. Applicants wishing to export live fish from the state must attach a permit to import from officials of the receiving state. In all cases the project must already have been discussed or approved in another document or permit before an FTP application will be processed. The review take approximately 45 days. Mail/email back to the Alaska Dept. of Fish and Game, Division of Commercial Fisheries, Attn: Sara Larsen, P.O. Box 25526, Juneau, AK 99802 -- email: Sara Conrad)
For Annual Reporting
Required each calendar year of operation for all aquatic farm and hatchery operation permit holders (5 AAC 41.270). Mail completed form back to the Alaska Dept. of Fish and Game, Division of Commercial Fisheries, Attn: David Petree, P.O. Box 115526, Juneau, AK 99811 -- email: David Petree.
Kachemak Bay Critical Habitat Area
Interim-Use Permit For Aquatic Farms
Interim-use permits are issued by Commercial Fisheries Entry Commission (CFEC) each year for subtidal geoduck aquatic farm sites permitted to harvest wild stock geoducks that reside on their aquatic farms. Aquatic Farm Operation Permit holders must apply for an interim-use permit (that is specific for each farm site) before they can harvest wild stock on their permitted subtidal farm sites. Permit holders must complete a fish ticket for each farm site at the time of harvest and imprint the fish ticket with the specific interim-use card issued for the site where harvest occurred. The fish tickets are issued directly to the permit holder. There is a $75.00 fee to apply for an interim-use permit.
Statutes
Current Regulations
History of Regulation Revisions
Legislative Bills (Enacted)
For additional information see the following document: Over the Counter - PDF file* (127K) - Link to the Alaska Department of Natural Resources Aquatic Farm Program Information (HB 208).
Legal Court Decisions
Regulation Review Stakeholder Meetings
Mariculture
Research and Development
Cynthia Pring-Ham, Mariculture Coordinator
Alaska Department of Fish and Game, Division of Commercial Fisheries
1255 W. 8th Street
P.O. Box 115526
Juneau, AK 99811-5526
907-465-6150
907-465-4168 Fax
David Petree, Assistant Mariculture Coordinator
Alaska Department of Fish and Game, Division of Commercial Fisheries
1255 W. 8th Street
P.O. Box 115526
Juneau, AK 99811-5526
907-465-6122
907-465-4168 Fax
Lorraine Vercessi, Assistant Mariculture Coordinator
Alaska Department of Fish and Game, Division of Commercial Fisheries
1255 W. 8th Street
P.O. Box 115526
Juneau, AK 99811-5526
907-465-6423
907-465-4168 Fax
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