Alaska's Regulatory Process
Three Different State Agencies Regulate Aquatic Farms
Aquatic farming activities in Alaska are managed by three different regulatory agencies:
- The Alaska Department of Natural Resources (DNR) is the lead agency in the licensing of tideland sites for farms, hatcheries and nurseries. DNR issues transferable ten-year tideland leases which can be renewed in year nine. The agency requires farmers to post lease-site clean-up bonds and meet minimum sales goals.
- The Alaska Department of Fish and Game (ADF&G) issues operating permits to aquatic farms. ADF&G also requires farmers to obtain permits to purchase “spat” or move farmed shellfish from one site to another. Farmers also are required to submit annual reports to ADF&G detailing spat purchases, shellfish sales, and inventory on hand at the end of the year. ADF&G is responsible for all issues relating to disease, genetics and wild stocks.
- The Alaska Department of Environmental Conservation (DEC) manages all issues related to public health. Farmers must have their growing areas certified by DEC for fecal coliform and obtain permits from the agency for harvesting and processing. Samples of shellfish also must be tested by the DEC lab for paralytic shellfish poisoning (PSP) prior to sales. DEC also must inspect processing plants annually for in-state sales and twice a year for facilities shipping out of the state. The agency also requires farmers to sample water temperatures from June 15-September 30, and may require samples of oysters for testing as part of its vibrio control plan.
Obtaining a Farm Site
DNR accepts applications for new farm sites or changes to the “footprint” of existing farms during odd numbered years from January 1-April 30. All applications are reviewed in a multi-agency process that takes about 10 months to complete. Applications for on-bottom culture sites where wild populations of the target species may be found (i.e., geoducks and littleneck clams) may take up to two years to accommodate surveys by the Alaska Department of Fish and Game.
The multi-agency application packets are extensive and require a great detail of time to complete, particularly for new farmers. Applicants must submit very detailed site plan drawings, schematics of gear, ten-year “aquatic operation and development plan,” and complete extensive questionnaires.
Farmers must be very cautious about selecting a farm site. While state law essentially opens the entire coastline to applications, there are many restrictions regarding the siting of aquatic farms. For example, farms cannot be located within: one mile of sea bird colonies or seal or sea lion haulouts or rookeries; 330 ft. from eagle nests; 300 ft. from anadromous fish streams; areas with significant geoduck biomass areas; or state game refuges, critical habitat areas, game sanctuaries, parks or marine parks.
Aquatic farms essentially cannot significantly disrupt most uses of the tidelands or adjacent uplands. Particularly sensitive are subsistence or commercial fishing uses.
‘Pre-Approved’ Farm Sites
There are many “pre-approved” aquatic farm sites available through DNR without having to go through the extensive regular application process. These “over-the-counter” sites have been taken through the public hearing and coastal consistency processes. Theoretically, these sites can be obtained at any time within a couple of months, but some of these over-the-counter sites have proven to be problematic. Particularly troublesome are the on-bottom sites which are still subject to surveys by ADF&G of “standing stocks” of wild shellfish. In at least one case, DNR changed its mind about one of the “pre-approved” farm sites after an application was submitted.
Tips for Applicants
Most new applicants will have to make what might be the most important decision about their new businesses at a time when they know the least about what they are doing.
Applicants for new aquatic farm sites should do their homework. Gather all the information possible about biological characteristics of the site, existing uses of the tidelands and uplands surrounding the proposed sites. Don’t be surprised if uses of the area are exaggerated during public hearings and agency reviews.
Important to consider when selecting a farm site is that the purpose to locate a small business. Think about the cost and difficulty of transporting your shellfish to market or the nearest jet airport, communications, support services, availability of labor and other factors critical to running a small business in a remote location.
Talk to other farmers and the regulatory agencies.
Application, Lease and Permit Fees
Be prepared to pay a significant percentage of your earnings to the State of Alaska. Following is a list of fees you can expect to pay.
DNR
Farm Site Application Fee $100
Tidelands Lease Fees $450 for the 1st acre + $125 each additional acre
Clean-up Bond $2,500 (or half that if part of a bonding group)
ADF&G
Intertidal wild stock biomass survey fee $2,000 (no survey required for intertidal geoducks)
Subtidal Survey Fee $5,000
Suspended Growth farms $0 (no survey required)
(These fees may be adjusted according actual costs)
ADEC
Initial growing water classification $500 (farmer also pays for shipping cost)
Shellfish Harvester/Processing Permit $162 to $649 (depending upon processing type)
Agency Contact Information
DNR
Program Manager: John Thiede
e-mail: john.thiede@alaska.gov
website: http://www.dnr.state.ak.us/mlw/aquatic/index.htm
Phone: (907) 269-8543
ADF&G
Program manager: Cynthia Pring-Ham
e-mail: cynthia.pring-ham@alaska.gov
Website: http://www.cf.adfg.state.ak.us/geninfo/enhance/maricult/maricult.php
Phone: (907) 465-6150
ADEC
Program Manager: George Scanlan
e-mail: George.scanlan@alaska.gov
Website: Not recommended as too difficult to find useful information
Phone: (907) 269-7638
