- Alaska Statutes.
- Title 38. Public Land
- Chapter 5. Alaska Land Act
- Section 83. Aquatic Farming and Hatchery Site Leases.
previous: Section 82
. Leases For Shore Fisheries Development; Account.
next: Section 85
. Term of Lease.
AS 38.05.083. Aquatic Farming and Hatchery Site Leases.
- (a) The commissioner may offer to the public for lease at public auction 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
- (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
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