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SENATE BILL NO. 108
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
Introduced: 2/24/25
Referred: Resources, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to finfish farms and finfish farm products; an d providing for an 1
effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 09.45.235(d)(1) is amended to read: 4
(1) "agricultural facility" means any land, building, structur e, pond, 5
impoundment, appurtenance, machinery, or equipment that is used or is intended for 6
use in the commercial production or processing of crops, livest ock, or livestock 7
products, or that is used in aquatic or finfish farming; 8
* Sec. 2. AS 09.45.235(d)(2) is amended to read: 9
(2) "agricultural operation" means 10
(A) any agricultural and farming activity such as 11
(i) the preparation, plowin g, cultivation, conserving, 12
and tillage of the soil; 13
(ii) dairying; 14
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(iii) the operation of greenhouses; 1
(iv) the production, cultivati on, rotation, fertilization, 2
growing, and harvesting of an agricultural, floricultural, apic ultural, or 3
horticultural crop or commodity; 4
(v) the breeding, hatching, raising, producing, feeding, 5
keeping, slaughtering, or processing of livestock; 6
(vi) forestry or timber harvesting, manufacturing, or 7
processing operations; 8
(vii) the application and storage of pesticides, 9
herbicides, animal manure, treated sewage sludge or chemicals, 10
compounds, or substances to crops , or in connection with the 11
production of crops or livestock; 12
(viii) the manufacturing of feed for poultry or livestock; 13
(ix) aquatic or finfish farming; 14
(x) the operation of roadside markets; and 15
(B) any practice conducted on the agricultural facility as an 16
incident to or in conjunction with activities described in (A) of this paragraph, 17
including the application of existing, changed, or new technolo gy, practices, 18
processes, or procedures; 19
* Sec. 3. AS 16.05.050(a) is amended to read: 20
(a) The commissioner has, but not by way of limitation, the fo llowing powers 21
and duties: 22
(1) through the appropriate state agency and under the provisi ons of 23
AS 36.30 (State Procurement Code), to acquire by gift, purchase , or lease, or other 24
lawful means, land, buildings, water, rights-of-way, or other n ecessary or proper real 25
or personal property when the acquisition is in the interest of furthering an objective or 26
purpose of the department and the state; 27
(2) under the provisions of AS 36.30, to design and construct 28
hatcheries, pipelines, rearing ponds, fishways, and other projects beneficial for the fish 29
and game resources of the state; 30
(3) to accept money from any person under conditions requiring the 31
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use of the money for specific purposes in the furtherance of th e protection, 1
rehabilitation, propagation, preser vation, or investigation of the fish and game 2
resources of the state or in settlement of claims for damages to fish or game resources; 3
(4) to collect, classify, and disseminate statistics, data and information 4
that, in the commissioner's disc retion, will tend to promote th e purposes of this title 5
except AS 16.51 and AS 16.52; 6
(5) to take, capture, propagate , transport, buy, sell, or exch ange fish or 7
game or eggs for propagating, scientific, public safety, or stocking purposes; 8
(6) under the provisions of AS 36.30, to provide public facili ties where 9
necessary or proper to facilitate the taking of fish or game, a nd to enter into 10
cooperative agreements with any person to effect them; 11
(7) to exercise administrative, budgeting, and fiscal powers; 12
(8) under the provisions of AS 36.30, to construct, operate, s upervise, 13
and maintain vessels used by the department; 14
(9) to authorize the holder of an interim-use permit under AS 16.43 to 15
engage on an experimental basis in commercial taking of a fishe r y r e s o u r c e w i t h 16
vessel, gear, and techniques not presently qualifying for licensing under this chapter in 17
conformity with standards established by the Alaska Commercial Fisheries Entry 18
Commission; 19
(10) not later than January 31 of each year, to provide to the 20
commissioner of revenue the names of those fish and shellfish s pecies that the 21
commissioner of fish and game des ignates as developing commerci al fish species for 22
that calendar year; a fish or shellfish species is a developing commercial fish species 23
if, within a specified geographical region, 24
(A) the optimum yield from the harvest of the species has not 25
been reached; 26
(B) a substantial portion of the allowable harvest of the spec ies 27
has been allocated to fishing vessels of a foreign nation; or 28
(C) a commercial harvest of the fish species has recently 29
developed; 30
(11) to initiate or conduct research necessary or advisable to carry out 31
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the purposes of this title except AS 16.51 and AS 16.52; 1
(12) to enter into cooperative agreements with agencies of the federal 2
government, educational institutions, or other agencies or orga nizations, when in the 3
public interest, to carry out the purposes of this title except AS 16.51 and AS 16.52; 4
(13) to implement an on-board obs erver program authorized by t he 5
Board of Fisheries under AS 16.05.251(a)(13); implementation 6
(A) must be as unintrusive to vessel operations as practicable ; 7
and 8
(B) must make scheduling and scope of observers' activities as 9
predictable as practicable; 10
(14) to sell fish caught during commercial fisheries test fish ing 11
operations; 12
(15) to establish and charge fee s equal to the cost of service s provided 13
by the department, including provision of public shooting ranges, broodstock and eggs 14
for private nonprofit hatcheries, department publications, and other direct services, and 15
reasonable fees for the use of state facilities managed by the department; fees 16
established under this paragraph for tours of hatchery faciliti es, commercial use of 17
sport fishing access sites, and for operation of state hatchery facilities by private 18
aquaculture associations are not subject to the cost limit under AS 37.10.050(a); 19
(16) to permit and regulate aquatic farming and finfish farming in the 20
state in a manner that ensures the protection of the state's fi sh and game resources and 21
improves the economy, health, and well-being of the citizens of the state; 22
(17) to operate state housing and facilities for employees, co ntractors, 23
and others in support of the d epartment's responsibilities and to charge rent that is 24
consistent with applicable collective bargaining agreements, or , if no collective 25
bargaining agreement is applicable, competitive with market con ditions; rent received 26
from tenants shall be deposited in the general fund; 27
(18) to petition the Alaska Commercial Fisheries Entry Commiss ion, 28
unless the Board of Fisheries disapproves the petition under AS 16.05.251(g), to 29
establish a moratorium on new entrants into commercial fisheries 30
(A) that have experienced recent increases in fishing effort t hat 31
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are beyond a low, sporadic level of effort; 1
(B) that have achieved a le vel of harvest that may be 2
approaching or exceeding the maximum sustainable level for the fishery; and 3
(C) for which there is insufficient biological and resource 4
management information necessary to promote the conservation an d sustained 5
yield management of the fishery; 6
(19) to promote fishing, hunting, and trapping and preserve th e 7
heritage of fishing, hunting, and trapping in the state. 8
* Sec. 4. AS 16.05.251(f) is amended to read: 9
(f) Except as expressly provided in AS 16.40.120(e) and 16.40. 130, the Board 10
of Fisheries may not adopt regulations or take action regarding the issuance, denial, or 11
conditioning of a permit under AS 16.40.100 , [OR] 16.40.120 , or 16.40.220 , the 12
construction or opera tion of a farm or hatchery required to hav e a permit under 13
AS 16.40.100, the construction or operation of a finfish farm required to h ave a 14
permit under AS 16.40.220, or a harvest with a permit issued under AS 16.40.120 or 15
16.40.220. 16
* Sec. 5. AS 16.05.930(c) is amended to read: 17
(c) AS 16.05.920 and 16.05.921 do not prohibit [REARING AND SA LE OF 18
FISH FROM PRIVATE PONDS,] the raising of wild animals in captiv ity for food [,] 19
or the raising of game birds for the purpose of recreational hu nting on game hunting 20
preserves, under regulations adopted by the appropriate board. In this subsection, 21
"animals" includes all animal life, including insects and bugs. 22
* Sec. 6. AS 16.05.930(g) is amended to read: 23
(g) AS 16.05.330 - 16.05.723 do not apply to an activity autho rized by a 24
permit issued under AS 16.40.100 , [OR] 16.40.120 , or 16.40.220 , or to a person or 25
vessel employed in an activity authorized by a permit issued un der AS 16.40.100 , 26
[OR] 16.40.120, or 16.40.220. 27
* Sec. 7. AS 16.10.269 is amended to read: 28
Sec. 16.10.269. Limitations. AS 16.10.265 and 16.10.267 do not apply to the 29
purchase or sale of 30
(1) aquatic farm products from a holder of a permit issued under 31
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AS 16.40.100; 1
(2) [OR] stock from a holder of a permit issued under AS 16.40.120 ; 2
or 3
(3) finfish stock or finfish farm products from a holder of a permit 4
issued under AS 16.40.220. 5
* Sec. 8. AS 16.40.210(a) is amended to read: 6
(a) A person may not grow or cultivate finfish in captivity or under positive 7
control for commercial purposes u n l e s s t h e p e r s o n h o l d s a c u r r e n t v a l i d f i n f i s h 8
farm permit under AS 16.40.220. 9
* Sec. 9. AS 16.40 is amended by adding new sections to article 3 to read: 10
Sec. 16.40.220. Finfish farm permits . (a) The commissioner or a designee 11
may issue a triennial finfish farm permit, subject to the restr ictions imposed by this 12
section, to a qualified applicant. 13
(b) A finfish farm permit authorizes the permittee, subject to the conditions of 14
AS 17.20, this section, and regulations adopted under this sect ion, to operate a finfish 15
farm and to acquire, purchase, offer to purchase, transfer, pos sess, sell, and offer to 16
sell finfish stock and finfish farm products that are used or reared at the finfish farm. 17
(c) All finfish acquired, purchased, offered to purchase, transferred, possessed, 18
sold, offered for sale, or otherwise kept at a finfish farm mus t be triploid. A finfish 19
farm permit may not authorize the artificial propagation of finfish at a finfish farm. 20
(d) Notwithstanding AS 16.05.080, the commissioner may adopt r egulations 21
that establish the amount and manner of payment of fees for a p ermit issued under this 22
section so that the total amount of fees collected equals the a ctual regulatory cost to 23
the department of permitting finfish farms in the state. The co mmissioner shall review 24
the fee level to determine whether the regulatory costs are app roximately equal to the 25
fee collections on a triennial basis. 26
(e) The commissioner may attach terms and conditions to a perm it issued 27
under this section that are nece ssary in the judgment of the co mmissioner to protect 28
natural fish and wildlife resources. 29
(f) The commissioner shall a dopt regulations under AS 44.62 (A dministrative 30
Procedure Act) after consultati on with the commissioner of envi ronmental 31
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conservation to implement this section, including regulations that govern 1
(1) eligibility for a finfish farm permit; 2
(2) siting of a finfish farm; 3
(3) operation of a finfish farm; 4
(4) sources, acquisition, importation, transportation, and exp ort of 5
finfish stock and finfish farm products at a finfish farm; 6
(5) control, prevention, and eradication of disease and destru ction of 7
diseased finfish at a finfish farm; and 8
(6) other matters necessary to implement this section and to p rotect 9
wild stocks of fish and game in the state. 10
(g) A person may stock a lake located on private property with f i n f i s h f o r 11
personal consumption without a permit under this section if the lake is under positive 12
control. 13
Sec. 16.40.230. Definitions. In AS 16.40.210 - 16.40.230, 14
(1) "finfish" means any bony fish belonging to the osteichthye s class, 15
but does not include pink salm on, chum salmon, sockeye salmon, coho salmon, 16
chinook salmon, or Atlantic salmon; 17
(2) "finfish farm" means a natu ral or artificial inland, close d-system 18
body of water under positive control for the cultivation of finfish and the production of 19
finfish farm products for commercial sale; 20
(3) "finfish farm product" means a finfish, or a part of a fin fish, that is 21
farmed or cultivated in a finfish farm and sold or offered for sale; 22
(4) "finfish stock" means live finfish acquired, collected, possessed, or 23
intended for use by a finfish farm; 24
(5) "positive control" means enclosed within a natural or arti ficial 25
escape-proof barrier; 26
(6) "triploid" means a naturally occurring or artificially ind uced 27
presence of three sets of chromosomes in a finfish that results in sterility. 28
* Sec. 10. AS 16.43.940 is amended to read: 29
Sec. 16.43.940. Exempted activities. This chapter does not apply to activities 30
authorized by a permit issued under AS 16.40.100, [OR] 16.40.120, or 16.40.220. 31
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* Sec. 11. AS 16.51.180(7) is amended to read: 1
(7) "seafood" means finfish, shellfish, and fish by-products, including 2
but not limited to salmon, halibut, herring, flounder, crab, cl am, cod, shrimp, and 3
pollock, but does not include aqua tic farm products as defined in AS 16.40.199 or 4
finfish farm products as defined in AS 16.40.230. 5
* Sec. 12. AS 17.20.005 is amended to read: 6
Sec. 17.20.005. Powers and duties of commissioner. To carry out the 7
requirements of this chapter, t he commissioner may issue orders , regulations, permits, 8
quarantines, and embargoes relating to 9
(1) food offered to the public or sold, subject to AS 17.20.01 7, 10
including 11
(A) inspection of meat, fish, poultry, and other food products; 12
(B) standards of sanitation a nd handling methods for all phase s 13
of slaughtering, processing, storing, transporting, displaying, and selling; 14
(C) labeling; and 15
(D) the training, testing, and certification requirements for 16
individuals who handle or prepare food, their supervisors, and their employers 17
to ensure their knowledge of food safety and sanitation princip les and 18
requirements; 19
(2) control and eradication of pests; 20
(3) enforcement of hazard analysis critical control point prog rams for 21
seafood processing that are deve loped in cooperation with appro priate industry 22
representatives or, to the extent not inconsistent with this ch apter or regulations 23
adopted under the authority of this chapter, that are establish ed by regulations of the 24
United States Food and Drug Administration as they may periodically be revised; 25
(4) labeling, subject to AS 17.20.013, and grading of milk and milk 26
products and standards of sanitation for dairies offering to the public or selling milk or 27
milk products to at least the minimum of current recommendation s of the United 28
States Public Health Service pasteurized milk ordinance as it m ay periodically be 29
revised; 30
(5) standards and conditions for the operation and siting of a quatic 31
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farms and related hatcheries and finfish farms, including 1
(A) restrictions on the use of chemicals; and 2
(B) requirements to protect t he public from contaminated 3
aquatic farm products and finfish farm products that pose a risk to health; 4
(6) monitoring of finfish farms and aquatic farms and of finfish farm 5
products and aquatic farm products to ensure compliance with this chapter and, to the 6
extent not inconsistent with this chapter or regulations adopte d under the authority of 7
this chapter, with the requirements of the national shellfish sanitation program manual 8
of operations published by the Un ited States Food and Drug Admi nistration as it may 9
periodically be revised; 10
(7) tests and analyses that may be made and hearings that may be held 11
to determine whether the commissioner will issue a stop order or quarantine; 12
(8) transportation of, use of, di s p o s a l o f , r e c a l l s o f , o r w a rnings 13
concerning quarantined or embargoed items; 14
(9) cooperation with federal and other state agencies. 15
* Sec. 13. AS 17.20.070 is amended to read: 16
Sec. 17.20.070. Inspection by department. An officer or employee 17
designated by the commissioner shall have access to a factory, aquatic farm, finfish 18
farm, or establishment, the operator of which holds a permit from t he commissioner, 19
for the purpose of ascertaining whether the conditions of the p ermit are being 20
complied with. Denial of access for inspection is ground for su spension of the permit 21
until access is freely given. 22
* Sec. 14. AS 17.20.200(a) is amended to read: 23
(a) The commissioner of environm ental conservation or an agent shall have 24
free access at reasonable hours to a factory, warehouse, or est ablishment in which 25
foods or cosmetics are manufactur ed, processed, packed, or held for introduction into 26
commerce, to enter a vehicle being used to transport or hold th ese foods or cosmetics 27
in commerce, or to an aquatic farm or finfish farm in order to 28
(1) inspect a factory, ware house, establishment, vehicle, finfish farm, 29
or aquatic farm to determine if the provisions of the commissio ner's respective 30
portions of this chapter are being violated; and 31
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(2) secure samples or specimens of a food, finfish farm product, 1
aquatic farm product, or cosmetic. 2
* Sec. 15. AS 17.20.370 is amended by adding new paragraphs to read: 3
(16) "finfish farm" has the meaning given in AS 16.40.230; 4
(17) "finfish farm product" has the meaning given in AS 16.40.230. 5
* Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 6
read: 7
REVISOR INSTRUCTION. The revisor of statutes is requested to ch ange the catch 8
line of AS 16.40.210 from "Finish farming prohibited" to "Finfi sh farming prohibited without 9
a permit." 10
* Sec. 17. This Act takes effect immediately under AS 01.10.070(c). 11