Section 16.10.400. Permits for salmon hatcheries.

   (a) The commissioner or a designee may issue a permit, subject to the restrictions imposed by statute or regulation under AS 16.10.400 - 16.10.470, to a nonprofit corporation organized under AS 10.20, after the permit application has been reviewed by the regional planning team, for
        (1) the construction and operation of a salmon hatchery;
        (2) the operation of a hatchery under AS 16.10.480.
   (b) The application for a permit under this section shall be on a form prescribed by the department and be accompanied by an application fee of $100. The commissioner may waive the submission of an application for a permit to operate a hatchery under AS 16.10.480.
   (c) A hatchery permit is nontransferable. If a permit holder sells or leases a hatchery for which a permit is issued under this section, the new operator shall apply for a new permit under this section.
   (d)   [Repealed, Sec. 19 ch 154 SLA 1977].
   (e) A qualified regional association formed under AS 16.10.380, if it has become a nonprofit corporation under AS 10.20, has a preference right to a permit under (a)(1) of this section if its proposed hatchery is provided for in the comprehensive plan for that region developed under AS 16.10.375 and the fresh water source exceeds one cubic foot per second minimum flow.  Another local nonprofit hatchery corporation approved by a qualified regional association has an identical preference right.
   (f) Except for permits issued before June 16, 1976, a permit may not be issued for construction or operation of a hatchery on an anadromous fish stream unless the stream has been classified as suitable for enhancement purposes by the commissioner.  The commissioner shall undertake to make such classifications in conjunction with the development of the comprehensive plan under AS 16.10.375.
   (g) During the development of a comprehensive plan for a region a permit may not be issued for a hatchery unless the commissioner determines that the action would result in substantial public benefits and would not jeopardize natural stocks.

Authorities

16.05.730;16.10.400;16.10.410;16.10.420;16.10.430;16.10.440;16.10.443;16.10.445;16.10.450;16.10.455;16.10.460;16.10.470;16.10.480;16.10.510;16.40.210;16.43.400;17.20.040;17.20.049;17.20.345;43.20.012

Notes

Recent Bills that will modify this

HB 300 FISH/SHELLFISH HATCHERY/ENHANCE. PROJECTS
SB 172 FISH/SHELLFISH HATCHERY/ENHANCE. PROJECTS

Implemented As

5 AAC 40.110
5 AAC 40.120
5 AAC 40.130
5 AAC 40.140
5 AAC 40.150
5 AAC 40.160
5 AAC 40.170
5 AAC 40.180
5 AAC 40.190
5 AAC 40.220
5 AAC 40.230
5 AAC 40.800
5 AAC 40.810
5 AAC 40.820
5 AAC 40.830
5 AAC 40.840
5 AAC 40.850
5 AAC 40.870

References

20 AAC 05.571
3 AAC 157.420
3 AAC 81.035
5 AAC 24.363
5 AAC 24.365
5 AAC 24.366
5 AAC 24.367
5 AAC 24.368
5 AAC 40.150
5 AAC 40.810
5 AAC 93.350
AS 16.05.730 Management of wild and enhanced stocks of fish.
AS 16.10.400 Permits for salmon hatcheries.
AS 16.10.410 Hearings before permit issuance.
AS 16.10.420 Conditions of a permit.
AS 16.10.430 Alteration, suspension, or revocation of permit.
AS 16.10.440 Regulations relating to released fish.
AS 16.10.443 Department assistance and cooperation.
AS 16.10.445 Egg sources.
AS 16.10.450 Sale of salmon and salmon eggs: use of proceeds; quality and price.
AS 16.10.455 Cost recovery fisheries.
AS 16.10.460 Inspection of hatchery.
AS 16.10.470 Annual report.
AS 16.10.480 Contracts for the operation of state hatcheries.
AS 16.10.510 Powers and duties of the commissioner.
AS 16.40.210 Finfish farming prohibited.
AS 16.43.400 Special harvest area entry permits.
AS 17.20.040 Misbranded foods.
AS 17.20.049 Required identification of fish by retail food establishment.
AS 17.20.345 Liability of food donor.
AS 43.20.012 Limitation on application of chapter; credits.

History

(Sec. 2 ch 111 SLA 1974; am Sec. 3 ch 161 SLA 1976; am Sec. 3, 19 ch 154 SLA 1977; am Sec. 2 - 4 ch 14 SLA 1988)