Section 5 AAC 41.290 - Aquatic stock acquisition from outside an aquatic farm site(a) A person, including an aquatic farm or hatchery operation permit holder, intending to collect wild stock from outside an aquatic farm site, for the purpose of providing broodstock or seed stock to an aquatic farm or hatchery, or an aquatic farm or hatchery operator intending to acquire wild stock for culture, must obtain an aquatic stock acquisition and transport permit from the commissioner. An applicant shall apply on an aquatic stock acquisition and transport permit form provided by the department at least 30 days before the proposed acquisition.(b) To determine whether wild stock is necessary to meet the initial needs of an aquatic farm or hatchery, the commissioner will consider if the (1) applicant has access to seed stock or broodstock from a previously permitted source, including an aquatic farm or hatchery that is operating within the state;(2) wild stock is fully utilized;(3) acquisition will impair sustained yield of the species; or(4) acquisition will unreasonably disrupt an established use of the resource.(c) For the purposes of determining if wild stock is fully utilized, the commissioner will consider whether (1) a shellfish management plan for the species is set out in this title;(2) guideline harvest levels or harvest quotas have been established in a shellfish management plan set out in this title, and have been met in recent years;(3) the fishery for the species is subject to limited entry by the Commercial Fisheries Entry Commission under AS 16.43; and(4) commercial, sport, personal use, or subsistence fisheries for the species are closed or restricted for conservation reasons.(d) Acquiring wild stock for immediate harvest and sale to finance aquatic farm or hatchery operations will not be considered to meet the initial needs of the aquatic farm or hatchery.(e) In addition to the conditions in AS 16.40.120, and as the commissioner determines necessary to protect natural fish and wildlife resources and their habitat, the commissioner may attach conditions to an aquatic stock acquisition and transport permit.(f) An aquatic stock acquisition and transport permit must be in the possession of the permit holder or the permit holder's authorized agent in physical possession of the organisms being collected and transported, and available for inspection upon request by a representative of the department or the Department of Public Safety.Eff. 8/12/89, Register 111; am 6/17/2001, Register 158; am 5/19/2005, Register 174Authority:AS 16.05.050
AS 16.05.092
AS 16.40.100
AS 16.40.120
AS 16.40.160