LD 1417
pg. 9
Page 8 of 11 PUBLIC Law Chapter 247 Page 10 of 11
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LR 1908
Item 1

 
2.__Fees.__The following fees must be assessed and credited to
the fund.

 
A.__A person producing finfish in an aquacultural facility
subject to section 6072 shall pay to the commissioner a fee
of 1__per pound of whole fish harvested.__The person shall
pay the fee within 30 days of harvest.__Timely payment of
the fee is a condition of a lease granted under section 6072
for the production of finfish in net-pen aquacultural
facilities.__The commissioner may assess a late payment
charge on an overdue payment computed at the annual interest
rate established by the State Tax Assessor under Title 36,
section 186.__The commissioner may establish by rule any
procedural requirements for collection of the fee, including
without limitation monthly reporting of harvest amounts and
reporting forms.__A person who does not pay the fee commits
a civil violation for which a fine not to exceed $1,000 may
be adjudged.

 
The commissioner may develop by rule an alternative
production fee schedule based on the amount of feed that is
used at finfish facilities.__Any alternative production fee
must be designed to return an equivalent and sufficient
revenue stream to the production fee in this paragraph in
order to support the purposes of subsection 3.

 
B.__In accordance with the authority of the commissioner to
levy lease rents pursuant to section 6072, subsection 9 and
section 6072-A, subsection 14 and application fees pursuant
to section 6072, subsection 4, the commissioner shall adopt
rules to implement a fee structure for lease rents and
application fees that are in addition to the minimum lease
rents and application fees that are in effect on the
effective date of this paragraph.__Any rent or fee assessed
in addition to the fees that are in effect on the effective
date of this paragraph must be credited to the fund.__A
person who does not pay the rent or fee commits a civil
violation for which a fine not to exceed $1,000 may be
adjudged.

 
C.__The commissioner may develop by rule a fee schedule for
the production of shellfish reared on an aquaculture lease.__
A person who does not pay a fee under this paragraph commits
a civil violation for which a fine not to exceed $1,000 may
be adjudged.

 
A fee received pursuant to this section must be accounted for
separately within the fund according to whether it is from a
finfish or shellfish source so that at any point the commissioner
or the Marine Resources Advisory Council may determine the total


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