Sec. 16.12.010. Permits for shellfish enhancement projects.

343 words·~2 min read·/ak/title-16/chapter-12/16-12-010

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Subject to the restrictions imposed by statute or regulation under this chapter, the commissioner may issue a permit to a nonprofit corporation organized under AS 10.20 for a project to

(1)augment the yield and harvest of shellfish indigenous to state water above naturally occurring levels by natural, artificial, or semiartificial production systems;

(2)rehabilitate a shellfish stock that is indigenous to state water by restoring it to its natural levels of productivity; or

(3)increase the area of productive natural shellfish habitat.

(b)Each applicant for a permit under this section shall apply in a format prescribed by the department and pay an application fee in the amount determined under

(f)of this section.

(c)A permit issued under this section is nontransferable. If a permit holder sells or leases a facility for which a permit has been issued under this section, the new operator shall apply for a permit under this section.

(d)The commissioner shall consult with and solicit recommendations from federal and state agencies and technical experts in the relevant area regarding permit stipulations and issuance.

(e)The commissioner may not issue a permit under this section unless the commissioner determines that the action would result in substantial public benefits and would not jeopardize natural stocks.

(f)The department shall establish by regulation an application fee under this section in an amount that provides for the total amount of fees collected under

(b)of this section to approximately equal the department's actual costs of processing permit applications under this chapter. The department shall annually review the fee level to determine whether the department's costs of processing permit applications under this chapter are approximately equal to the fees collected. If the review indicates that fees collected and these costs are not approximately equal, the department shall adjust the application fee by regulation. In January of each year, the department shall report the fee level and any revision made for the previous year under this subsection to the office of management and budget.