(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) […]
(a) At least 30 days before the issuance of a permit under AS 16.12.010, the department shall hold a public hearing in a central location in the vicinity of the proposed release of shellfish. (b) Notice of the hearing shall be published in a newspaper of general circulation once a week for three consecutive weeks, […]
The department shall require, in a permit issued under this chapter, that the permit holder (1) procure shellfish from the department or a source approved by the department; (2) place shellfish only in water of the state specifically designated in the permit; (3) not procure genetically modified shellfish or place genetically modified shellfish into the […]
(a) If a permit holder fails to comply with the conditions and terms of the permit issued under AS 16.12.010 within a reasonable period after notification by the department of noncompliance, the permit may be suspended or revoked, in the discretion of the commissioner. (b) If the commissioner finds that the operation of the permitted […]
(a) Shellfish released into the natural water of the state by a permit holder under this chapter are available to the people for common use and are subject to regulation under applicable law in the same way as shellfish occurring in their natural state except when they are in a special location designated by the […]
(a) Before and after permit issuance under AS 16.12.010, the department shall make reasonable efforts, within the limits of time and resources, to advise and assist applicants or permit holders, as appropriate, as to projects under AS 16.12.010, including the planning, construction, and operation of facilities. (b) Nothing in this section exempts an applicant or […]
(a) The department shall approve the source and number of shellfish taken for use as brood stock under this chapter. (b) Where feasible, a permit holder shall first take shellfish from stocks native to the area in which the shellfish will be released.
(a) A permit holder that sells shellfish harvested from the natural water of the state, or sells shellfish to another permit holder under this chapter, shall use the funds only for reasonable operating costs, including debt retirement, expanding its facilities, a project permitted under AS 16.12.010, shellfish research, or to assist in meeting the department’s […]
(a) A permit holder may harvest shellfish for a project under AS 16.12.010 in a special harvest area through (1) agents or employees of or persons under contract with the permit holder as provided under a permit from the department or regulations of the Board of Fisheries; or (2) the common property fishery under this […]
(a) A permit holder shall allow the department to inspect the permit holder’s facility for a project under AS 16.12.010 at any time the facility is in operation. The department shall conduct the inspection in a reasonable manner. (b) The department shall bear the cost of an inspection performed under this section.
A person who holds a permit under this chapter shall submit an annual report not later than December 15 to the department. The report must be made on a form prescribed by the department and contain information pertaining to (1) species; (2) the brood stock source; (3) the number, age, gender, and size of spawners; […]
In this chapter, (1) “facility” means a hatchery as defined in AS 16.40.199, a facility for the release of shellfish into natural water of the state, or a facility for a project under AS 16.12.010; (2) “genetically modified shellfish” means shellfish whose genetic structure has been altered at the molecular level by recombinant DNA and […]
