Alaska Administrative Code

Notes 11 AAC 62.830 Eff. 7/20/60, Register 1; am 6/23/62, Register 5; repealed 8/6/94, Register 131 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More compa…

In these regulations the following terms shall have the meaning indicated unless the context clearly requires a different meaning: (1) "Act" means the Alaska Land Act, AS 38.05; (2) "commissioner" means the Commissioner of the Department of Natural Resources of Alaska; (3) "direc…

(a) This chapter applies to aquatic farmsite leases issued under AS 38.05.083 for the development and operation of an aquatic farm or related hatchery, as the terms "aquatic farm" and "hatchery" are defined in AS 16.40.199. An aquatic farmsite lease will, in the commissioner's di…

(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 subse…

(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. m…

(a) The commissioner will, in the commissioner's discretion, authorize associated facilities for storing equipment or housing personnel at an aquatic farmsite, including upland managed by the department under AS 38, if the commissioner is satisfied that the associated facilities …

(a) After an aquatic farmsite lease application period closes, the affected agencies will check the applications for completeness. If applications are filed for sites within a state game refuge or critical habitat area, the commissioner will request the approval of the commission…

(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 class…

Notes 11 AAC 63.070 Eff. 7/1/89, Register 110; repealed 6/14/98, Register 146 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be…

(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 …

(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 (…

(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 …

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…

(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) r…

This chapter applies to leasing tide and submerged lands of the state for the purpose of shore fisheries development. Notes 11 AAC 64.010 Eff. 4/18/64, Register 16; am 3/30/85, Register 93 Authority:AS 38.05.020 AS 38.05.082 State regulations are updated quarterly; we currently h…

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 tr…

Notes 11 AAC 64.030 Repealed 3/30/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

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. Notes …

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 wi…

No lessee may erect a permanent installation, building, structure, fixture, or facility upon a lease tract or site. Notes 11 AAC 64.060 Eff. 4/18/64, Register 16; am 3/30/85, Register 93 Authority:AS 38.05.020 AS 38.05.082 State regulations are updated quarterly; we currently hav…

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…

(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 …

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…

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 …

Notes 11 AAC 64.100 Repealed 3/30/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Notes 11 AAC 64.110 Repealed 8/19/77. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Notes 11 AAC 64.120 Repealed 8/19/77. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Notes 11 AAC 64.130 Repealed 8/19/77. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Notes 11 AAC 64.140 Repealed 8/19/77. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Notes 11 AAC 64.150 Repealed 8/19/77. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Notes 11 AAC 64.160 Repealed 8/19/77. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Notes 11 AAC 64.170 Repealed 8/19/77. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

(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 an…

Notes 11 AAC 64.190 Repealed 3/30/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

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 wi…

Notes 11 AAC 64.210 Repealed 3/30/85. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

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. No…

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. Notes 11 AAC 64.230 Eff. 4/…

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. Notes 11…

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…

(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 a…

Notes 11 AAC 64.270 Repealed 8/19/77. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

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 addi…

Notes 11 AAC 64.290 Repealed 8/19/77. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

Notes 11 AAC 64.300 Repealed 8/19/77. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…

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 a…

Notes 11 AAC 64.310 Repealed 8/19/77. State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compa…