Section 41.17.098. Interagency coordination and reevaluation.

   (a) In administering this chapter, the commissioner shall coordinate with other agencies and affected coastal districts that have jurisdiction over activities subject to regulation under this chapter.
   (b) In a review or implementation of a detailed plan of operations under AS 41.17.090 and in a decision on a proposed variation from requirements under AS 41.17.087, the commissioner shall consider the comments of each affected state agency and, where applicable, coastal districts.
   (c) The commissioner shall give due deference to the Department of Environmental Conservation in decisions concerning water quality. The commissioner of environmental conservation retains the authority to adopt nonpoint source pollution regulations for activities subject to this chapter to the extent that regulations are not adopted by the commissioner of natural resources and approved by the commissioner of environmental conservation under this chapter. The commissioner of environmental conservation may withdraw approval of regulations adopted by the commissioner of natural resources under this chapter by following the procedure for the adoption, amendment, and repeal of regulations under AS 44.62.180 - 44.62.290.
   (d) The commissioner shall recognize the expertise of the Department of Fish and Game with regard to fish and wildlife habitat. On private land, the commissioner shall give due deference to the Department of Fish and Game regarding effects on fish habitat from timber operations including variations to riparian standards, designation of alternative site-specific riparian protection plans, and road location decisions within riparian areas. On public land, the commissioner shall give due deference to the Department of Fish and Game regarding effects on fish and wildlife habitat from timber operations including timber harvest in riparian areas, variations to riparian standards, and road location decisions within riparian areas. In making decisions under AS 41.17.087, the commissioner shall recognize fish habitat as the primary value in riparian areas.
   (e) In this section, "due deference" means that deference that is appropriate in the context of the agency's expertise and area of responsibility and all the evidence available to support a factual assertion. Where due deference is given, if the commissioner does not agree with a commenting agency, the commissioner shall prepare a written statement of the reasons for the disagreement.
   (f) If a disagreement described in (e) of this section exists, an officer of an agency may require reevaluation of the disagreement at a higher level within the agencies, or by the governor if necessary, before a decision is made by the commissioner.

Authorities

41.17.010;41.17.087;41.17.090

Notes

Implemented As

11 AAC 95.185
11 AAC 95.190
11 AAC 95.225
11 AAC 95.230
11 AAC 95.235
11 AAC 95.240
11 AAC 95.245
11 AAC 95.255
11 AAC 95.290
11 AAC 95.300
11 AAC 95.305
11 AAC 95.320
11 AAC 95.355
11 AAC 95.365
11 AAC 95.370
11 AAC 95.810
11 AAC 95.815
11 AAC 95.825
11 AAC 95.835

References

11 AAC 95.225
11 AAC 95.230
11 AAC 95.235
11 AAC 95.240
11 AAC 95.245
AS 41.17.010 Declaration of intent.
AS 41.17.087 Variation from requirements.
AS 41.17.090 Notification of plans to harvest timber.

History

(Sec. 13 ch 34 SLA 1990; am E.O. No. 107, Sec. 20 - 24 (2003); am E.O. No. 114 Sec. 20 - 24 (2008))