Section 38.05.083. Aquatic farming and hatchery site leases.

   (a) The commissioner may offer to the public for lease at public auction or by sealed bid under AS 38.05.075 or by negotiation under AS 38.05.070 a site for aquatic farming or related hatchery operations. Before a final decision to issue or renew a lease under this section, the commissioner shall give notice and allow opportunity for comment in accordance with AS 38.05.945 and may hold a hearing to take testimony. Before a final decision to issue or renew a lease under this section, the commissioner shall consider all relevant comment or testimony submitted under this section, AS 38.05.945, or 38.05.946.
   (b) The commissioner, for good cause, may deny an application for issuance or renewal of a lease under this section but shall provide the applicant with written findings that explain the reasons for the denial.
   (c) A site may be leased under this section for not less than the appraised fair market value of the lease. The value of the lease shall be reappraised every five years.
   (d) A lease under this section may be assigned, but, if the assignee changes the use of the site, the lease reverts to the state.
   (e) Before entering into a lease under this section, the commissioner shall require the lessee to post a performance bond or provide other security to cover the costs to the department of restoring the leased site in the event the lessee abandons the site.
   (f) The commissioner shall adopt regulations establishing criteria for the approval or denial of leases under this section and for limiting the number of sites for which leases may be issued in an area in order to protect the environment and natural resources of the area. The regulations must provide for the consideration of upland management policies and whether the proposed use of a site is compatible with the traditional and existing uses of the area in which the site is located.

Notes

Implemented As

11 AAC 63.010
11 AAC 63.020
11 AAC 63.030
11 AAC 63.040
11 AAC 63.050
11 AAC 63.060
11 AAC 63.080
11 AAC 63.090
11 AAC 63.100
11 AAC 63.110
11 AAC 63.900

References

11 AAC 58.410
11 AAC 63.010
11 AAC 63.110

History

(Sec. 13 ch 145 SLA 1988; am Sec. 20 ch 91 SLA 1997; am Sec. 12 ch 27 SLA 2012)