Section 5 AAC 41.258 - Determination of geoduck status(a) After at least five years from the date of first planting of spat on an aquatic farm site, an aquatic farm operation permit holder may submit a request to the department for an amendment to the operation permit under 5 AAC 41.255 regarding the status of geoducks on the aquatic farm site. The remaining geoducks on an aquatic farm site will be deemed aquatic farm product if the commissioner determines that (1) an adequate number of spat have been planted based on the permit holder's previous annual reports;(2) the permit holder has made a reasonable effort to harvest wild stock geoducks contained on the aquatic farm site based on the permit holder's fish tickets; the provisions of this paragraph do not apply to an aquatic farm site that was subjected to a common property fishery or where the department has survey or other data indicating that an insignificant population of wild stock geoducks, as determined under 5 AAC 41.235, exists on the site;(3) the permit holder has engaged in activities to improve the productivity of the geoducks according to the operation and development plan;(4) identifying wild stock from aquatic farm product is no longer practicable.(b) The provisions of this section do not apply to a person who holds a permit for an aquatic farm site that does not contain wild stock geoducks.(c) A determination under this section does not relieve the aquatic farm operation permit holder from complying with the restoration requirements under AS 16.40.100(e) and 5 AAC 41.257 for wild stock geoducks harvested before the date of a determination under (a) of this section.Eff. 1/26/2012, Register 201Authority:AS 16.05.050
AS 16.05.092
AS 16.40.100
AS 16.40.160