- Alaska Statutes.
- Title 38. Public Land
- Chapter 5. Alaska Land Act
- Section 82. Leases For Shore Fisheries Development; Account.
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AS 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
- (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
- (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
- (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.
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