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Alaska Department of Natural Resources
Division of Mining, Land and Water

Aquatic Farm Leasing
Application Process

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The Department of Natural Resources (DNR), Division of Mining, Land and Water (DMLW) currently accepts applications at least every other year January 1 through April 30. Typically, the applications are accepted annually. The application process can also be viewed in this flowchart.

Step one: Pre-Application Meeting

To avoid delays in receiving an authorization, DNR recommends applicants have a Pre-Application meeting with Aquatic Farm Leasing Program staff to ensure land is available, determine if the proposed use is appropriate, and to avoid or minimize impacts to aquatic resources. This can be in conjunction with the Alaska Department of Fish and Game (ADF&G).

Step two: Complete and Submit Joint Agency Application

Alaska Aquatic Farm Program Joint Agency Application – Part I PDF Alaska Aquatic Farm Program Joint Agency Application – Part II PDF

The joint-agency application includes instructions, examples, and guidelines to assist you in completing your application form. The application addresses the concerns of all involved state agencies requiring some type of authorization or certification, and includes DNR, ADF&G, and the Alaska Department Environmental Conservation (ADEC).

DNR accepts the applications and reviews it for completeness with ADF&G. If an application is incomplete, DNR and ADF&G will issue a joint request for additional information to the applicant.

Step Three: Agency Review

Once a complete application has been received and reviewed by both agencies, DNR will send the project description to other state and federal agencies for a 20-day Agency Notice and Review Period.

Step Four: DNR Preliminary Decision and Public Notice

Following the Agency Notice and Review Period, DNR gathers information about the area of the proposed site from documents, such as state and/or federal management plans, and any comments received from other agencies during the review period. A description of the proposal and everything that is learned is included a Preliminary Decision (PD). The PD is posted online and sent to interested parties for a 30-day Public Notice comment period. The goal of the Public Notice comment period is to gather more site-specific information so that DNR and ADF&G can make more informed decisions regarding their respective authorizations.

While ADF&G and ADEC review issues that pertain to their respective authorities, DMLW considers issues such as conflicts with traditional or existing uses of the site, including commercial or sport fishing, subsistence activities, use of the site for safe boat anchorage, recreation, or tourism; how public access will be maintained; if the proposed gear or related facilities could pose hazards to navigation; or whether the proposal may impact cultural or historic sites.

Step Four: Final Finding and Decision and Appeal Period

Following the end of the 30-day Public Notice Period, DMLW prepares and issues the Final Finding and Decision (FFD). All comments received during the Public Notice Period are considered and addressed in the FFD. It is important to note that only those that comment in writing during the 30-day Public Notice Period will be eligible to appeal DMLW's final decision on the proposal. Anyone who provided written comments will be sent a copy of the FFD, which includes an explanation of the appeal process. If DMLW denies an aquatic farm lease application, the applicant has the right to appeal the final decision. The appeal period is 20 days.

Step Five: DNR Authorization

If no appeal is received, the decision goes into effect 31 days after the FFD is issued. Before a lease is issued, the first year's annual payment is required. Fees for a DMLW aquatic farm lease can be found in the current fee schedule. Applicants may choose not to use the fee schedule and have an independent appraisal done, at their own expense. This fee is for the DMLW lease only. There may be other fees required by the other regulatory agencies.

In addition, DMLW requires the applicant to post a performance guaranty of a minimum of $2,500.00. The performance guarantee amount depends on the amount of improvements proposed and the estimated costs for DMLW to remove the improvements or clean up and restore the site if the lessee fails to do so at lease expiration, termination, or abandonment.

Applicants are also required to submit proof of liability insurance to DMLW, with the State of Alaska listed as a “named” insured party. Workers' Compensation insurance is required for all employees hired to work on the aquatic farm. Applicants will be responsible for maintaining such insurance throughout the term of the lease.

Once applicants have submitted the first year's annual payment, performance guaranty, proof of insurance, and signed and notarized the lease document, DMLW can issue the lease.

You may visit the ADF&G and DEC aquatic farming websites for information related to their respective authorizations.

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