Section 38.05.082. Leases for shore fisheries development; account.

   (a) The director, with the approval of the commissioner, may lease tide and submerged land for fisheries development. Fisheries development includes the utilization of shore gill nets or set nets for the taking of fish.  Every lease issued under this section shall reserve to the public a right-of-way for access to navigable waters and other tide and submerged land.
   (b) The director may classify land as subject to leases for fisheries development and publicly invite applications for lease of the selected areas. Each application shall be accompanied by an affidavit to the effect that the applicant presently intends to personally utilize the leased area for fishing purposes the following season. If two or more applications are received for the same shore area, the director shall award the lease to the most qualified applicant. In determining the qualifications of applicants, the director shall consider the length of time during which the applicant has been engaged in set netting, the proximity of the past fishing sites of the applicant to the land to be leased, the present ability of the applicant to utilize the location to its maximum potential, and other factors relevant to the equitable assignment of the disputed area. If the director cannot determine a preference between conflicting applicants for the same lease site on the basis of qualifications, the director shall select between the applicants by lot. An aggrieved applicant may appeal to the commissioner within 30 days for a review of the director's determination.
   (c) A lease for set net fishing may be issued for any period not exceeding 10 years.  If the commissioner determines that the land is not being utilized for the purpose for which the lease is issued, the lease may be declared void.  The director shall establish a reasonable rental for the lease, equal to the administrative costs involved in processing the leasehold applications.
   (d) Subleasing and renewals of leases are governed by AS 38.05.095 and 38.05.102.
   (e) The lease of submerged land conveys no interest in the water above the land or in the fish in the water.
   (f) The shore fisheries development lease program account is established in the state treasury. The rents, fees, and other proceeds received by the department in connection with the issuance of shore fisheries development leases under this section shall be deposited into the account. The legislature may appropriate money deposited into the account for the operation of the shore fisheries development lease program by the department or for any other public purpose.

Authorities

37.05.146;38.05.035;38.05.825

Notes

Implemented As

11 AAC 05.010
11 AAC 64.010
11 AAC 64.040
11 AAC 64.050
11 AAC 64.060
11 AAC 64.061
11 AAC 64.070
11 AAC 64.080
11 AAC 64.090
11 AAC 64.180
11 AAC 64.200
11 AAC 64.220
11 AAC 64.230
11 AAC 64.240
11 AAC 64.250
11 AAC 64.260
11 AAC 64.280
11 AAC 64.301
11 AAC 64.330
11 AAC 64.370
11 AAC 64.380
11 AAC 64.391
11 AAC 64.410
11 AAC 64.430
11 AAC 64.440
11 AAC 64.450
11 AAC 64.460
11 AAC 64.490
11 AAC 64.565
11 AAC 64.570

References

11 AAC 58.410
11 AAC 64.450
AS 37.05.146 Definition of program receipts and non-general fund program receipts.
AS 38.05.035 Powers and duties of the director.
AS 38.05.825 Conveyance of tide and submerged land to municipalities.

History

(Sec. 2 ch 93 SLA 1963; am Sec. 99 ch 6 SLA 1984; am Sec. 2, 3 ch 27 SLA 1991; am Sec. 3 ch 63 SLA 2000)