reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.051 - District 3: Klawock Inlet and River Special Harvest Area

Current through May 31, 2024
(a) The Klawock
				  Inlet and River Special Harvest Area consists of the waters of Klawock Inlet
				  and Harbor south of the latitude of Cemetery Point and north of 55º 32' N.
				  lat., and any of the hatchery raceways and holding ponds contiguous with the
				  hatchery access ladder from Klawock River for broodstock and cost recovery of
				  sockeye and coho salmon and steelhead.
(b) A hatchery permit holder harvesting
				  salmon within the special harvest area is exempt from the provisions of
				  5 AAC 33.310. The open fishing season within the Klawock
				  Inlet and River Special Harvest Area for the hatchery permit holder is from
				  July 1 through November 30. Additional fishing periods may be established by
				  emergency order.
(c)
				  Notwithstanding
				  5 AAC 33.330, legal gear types for the hatchery permit
				  holder in the special harvest area are purse seine, beach seine, dip net,
				  gillnet, and troll gear.
Authority:
AS
						16.05.060
AS 16.05.251
AS
						16.10.440
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.052 - District 3: Port Asumcion Special Harvest Area Management Plan

Current through May 31, 2024
(a) There is
				  established the Port Asumcion Special Harvest Area for the Southern Southeast
				  Regional Aquaculture Association harvest of enhanced salmon returns to the Port
				  Asumcion release site, consisting of those waters of Port Asumcion north and
				  west of a line from Point Cosinas at 55º 21.80' N. lat., 133º 30.64'
				  W. long., to a point west of Point Maria located at 55º 22.04' N. lat.,
				  133º 30.26' W. long.
(b) A
				  hatchery permit holder harvesting salmon within the special harvest area is
				  exempt from the provisions of 5 AAC 33.310. The open fishing season within the
				  Port Asumcion Special Harvest Area for the hatchery permit holder is from June
				  15 through October 30.
(c)
				  Notwithstanding
				  5 AAC 33.330, legal gear for
				  the hatchery permit holder in the special harvest area is purse seine, beach
				  seine, and gillnet.
Authority:
AS
						16.05.060
AS
						16.05.251
AS
						16.10.440
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.053 - District 3: Port Saint Nicholas Special Harvest Area

Current through May 31, 2024
(a) There is
				  established the Port Saint Nicholas Special Harvest Area, consisting of all
				  waters of Port Saint Nicholas east of the longitude of Point Miraballes at
				  133° 05.23' W. long., and west of 132° 59.50' W. long., located at the
				  mouth of the Port Saint Nicholas head stream.
(b) A hatchery permit holder harvesting
				  salmon within the special harvest area is exempt from the provisions of
				  5 AAC 33.310. Fishing periods for the hatchery permit holder
				  will be open from May 1 through August 15, unless closed earlier by emergency
				  order.
(c) Notwithstanding
				  5 AAC 33.330, legal gear for
				  the hatchery permit holder in the special harvest area is purse seine, beach
				  seine, gillnet, and dip net.
Authority:
AS
						16.05.060
AS
						16.05.251
AS
						16.10.440
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.060 - District 6: Neck Lake Special Harvest Area

Current through May 31, 2024
(a) There is
				  established a Neck Lake Special Harvest Area for the Southern Southeast
				  Regional Aquaculture Association harvest of hatchery salmon returns to the Neck
				  Lake remote release site, consisting of the waters of Whale Pass north and west
				  of a line from 56° 05.55' N. lat., 133° 07.30' W. long. to 56°
				  05.82' N. lat., 133° 06.58' W. long.
(b) A hatchery permit holder harvesting
				  salmon within the special harvest area is exempt from the provisions of 5 AAC
				  33 .310. The open fi shing season and area for the hatchery permit holder is
				  from June 15 through August 31 in those waters of Neck Creek upstream of the
				  beginning of the fish pass. Additional fishing periods and areas may be
				  established by emergency order.
(c)
				  Notwithstanding
				  5 AAC 33.330, legal gear for the hatchery pem1it holde"r
				  in the special harvest area is weir, dip net, and beach seine. Additional gear
				  may be established by emergency order.
Authority:
AS
						16.05.060
AS 16.05.251
AS 16.10.440
AS
						16.10.455
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.061 - District 7: Anita Bay Special Harvest Area

Current through May 31, 2024
(a) There is
				  established the Anita Bay Special Harvest Area, consisting of the waters of
				  Anita Bay south and west of a line from the tip of Anita Point to 56º
				  14.26' N. lat., 132º 23.92' W. long.
(b) A hatchery permit holder harvesting
				  salmon within the special harvest area is exempt from the provisions of
				  5 AAC 33.310. The commissioner shall open and close, by
				  emergency order, fishing periods for the hatchery permit holder by gear
				  type.
(c) Notwithstanding
				  5 AAC 33.330, legal gear types for the hatchery permit
				  holder in the special harvest area are beach seine, purse seine, and hand purse
				  seine, drift gillnet, and troll gear.
Authority:
AS
						16.05.060
AS 16.05.251
AS
						16.10.440
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.071 - District 9: Gunnuk Creek Special Harvest Area

Current through May 31, 2024
(a) The Gunnuk
				  Creek Special Harvest Area consists of the waters of Keku Strait enclosed by a
				  line from a point about one-third mile northwest of Kake at 56º 58.95' N.
				  lat., 133º 57.42' W. long. to the southernmost tip of the southern
				  Mosquito Island to the northwest tip of Hamilton Island to Wooten's Dock at
				  56º 57.55' N. lat., 133º 54.70' W. long.
(b) A hatchery permit holder harvesting
				  salmon within the special harvest area is exempt from the provisions of
				  5 AAC 33.310. The commissioner shall open and close, by
				  emergency order, fishing periods for the hatchery permit holder to harvest
				  salmon returning to the Gunnuk Creek salmon hatchery.
(c) The commissioner shall open and close, by
				  emergency order, fishing periods for common property fisheries to harvest
				  excess salmon returning to the Gunnuk Creek salmon hatchery.
(d) Notwithstanding
				  5 AAC 33.330, legal gear types for the hatchery permit
				  holder in the special harvest area are beach seine, purse seine, gillnet, and
				  troll gear.
Authority:
AS
						16.05.060
AS 16.05.251
AS
						16.10.440
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.073 - District 9: Southeast Cove Special Harvest Area

Current through May 31, 2024
(a) The Southeast
				  Cove Special Harvest Area consists of the waters of Keku Strait enclosed by a
				  line from a rocky point on the northern end of Kuiu Island located on the east
				  side of Southeast Cove at 56º 52.95' N. lat., 134º 01.33' W. long. to
				  the northwest corner of Hound Island at 56º 53.12' N. lat., 133º
				  56.77' W. long. then northwest, connecting points along the northern shore of
				  Keku Islands at 56º 53.98' N. lat., 133º 57.58' W. long. to 56º
				  54.90' N. lat., 133º 59.53' W. long. to 56º 55.93' N. lat., 134º
				  00.97' W. long. to 56º 55.95' N. lat., 134º 02.15' W. long. to
				  56º 55.22' N. lat., 134º 02.53' W. long. to 56º 56.37' N. lat.,
				  134º 06.62' W. long. then to the northwest corner of Payne Island to
				  56º 57.45' N. lat., 134º 08.75' W. long. then south to a point on
				  Kuiu Island at 56º 55.08' N. lat., 134º 09.25' W. long.
(b) A hatchery permit holder harvesting
				  salmon within the special harvest area is exempt from the provisions of
				  5 AAC 33.310. The commissioner shall open and close, by
				  emergency order, fishing periods for the hatchery permit holder to harvest
				  salmon returning to the Southeast Cove remote release site.
(c) The commissioner shall open and close, by
				  emergency order, fishing periods for common property fisheries to harvest
				  excess salmon returning to the Southeast Cove remote release site.
(d) Notwithstanding
				  5 AAC 33.330, legal gear types for the hatchery permit
				  holder in the special harvest area are beach seine, purse seine, gillnet, and
				  troll gear.
Authority:
AS
						16.05.060
AS 16.05.251
AS
						16.10.440
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.081 - District 9: Port Armstrong Special Harvest Area

Current through May 31, 2024
(a) The Port
				  Armstrong Special Harvest Area for king salmon consists of the waters of Port
				  Armstrong west of 134º 39.47' W. long., and will be open to harvest by the
				  hatchery permit holder from 12:01 a.m. April 15 until 11:59 p.m. July
				  31.
(b) The Port Armstrong Special
				  Harvest Area for pink, chum, and coho salmon consists of the waters of Port
				  Armstrong west of a line from Point Eliza at 56º 17.73' N. lat., 134º
				  38.75' W. long. to a point on the Baranof Island shoreline at 56º 17.98'
				  N. lat., 134º 38.35' W. long., and will be open to harvest by the hatchery
				  permit holder from 12:01 a.m. April 15 until 11:59 p.m. July 31.
(c) A hatchery permit holder harvesting
				  salmon within the special harvest area is exempt from the provisions of
				  5 AAC 33.310.
(d) The Port Armstrong Special Harvest Area,
				  described in (b) of this section, will be closed to commercial fishing, other
				  than hatchery cost recovery fishing, from 12:01 a.m. July 31 until 11:59 p.m.
				  September 30. The commissioner may open and close, by emergency order, fishing
				  periods for common property fisheries to harvest salmon surplus to broodstock
				  and cost recovery returning to the Port Armstrong salmon hatchery.
(e) Notwithstanding
				  5 AAC 33.330, legal gear types for the hatchery permit
				  holder in the special harvest area are purse seine, hand purse seine, beach
				  seine, dip net, drift gillnet with six inch or larger mesh, and troll
				  gear.
Authority:
AS
						16.05.060
AS 16.05.251
AS
						16.10.440
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 2 - Special Harvest Areas › 5 AAC 40.085 - Kodiak Regional Aquaculture Association Special Harvest Areas

Current through May 31, 2024
(a) The
				  following special harvest areas are established for the Kodiak Regional
				  Aquaculture Association (KRAA):
(1) Kitoi Bay
				  Special Harvest Area: all waters of Kitoi Bay west of a line from 58º
				  10.58' N. lat., 152º 17.36' W. long. to 58º 09.50' N. lat., 152º
				  18.70' W. long.;
(2) Spiridon Bay
				  Special Harvest Area: all waters of Telrod Cove north of a line extending from
				  Stream Point at 57º 39.00' N. lat., 153º 38.50' W. long., to a point
				  at 57º 38.80' N. lat., l53º 37.70' W. long.;
(3) Foul Bay Special Harvest Area: all waters
				  of Foul Bay east of 152º 47.20' W. long.;
(4) Waterfall Bay Special Harvest Area: all
				  waters of the stream terminus of streams No. 251-821 and 251-822 to a straight
				  line extending northwesterly from 58º 24.15' N. lat., 152º 28.23' W.
				  long. to 58º 25.60' N. lat., 152º 30.80' W. long.; the numbered
				  streams in this paragraph are identified on the ADF&G
Kodiak Area
				  Salmon Statistical Chart
adopted by reference in
				  5 AAC 18.350;
(5) Settler Cove Special Harvest Area: all
				  waters of Settler Cove west of 152º 50.80' W. long.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 3 - Applicability of Regulations › 5 AAC 40.100 - Applicability of regulations

Current through May 31, 2024
The provisions of
					 5 AAC 40.110 -
					 5 AAC 40.990 govern the permit application process for
					 private nonprofit salmon hatcheries, and establish guidelines and procedures
					 regarding the operation of permitted hatcheries.
Authority:
AS
						16.05.020
AS 16.05.092
AS 16.10.375
AS
						16.10.470
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.110 - Authority

Current through May 31, 2024
The commissioner will review and take action on each
					 application for a private nonprofit salmon hatchery.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.400
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.120 - Pre-application assistance

Current through May 31, 2024
An applicant may request assistance in preparing an
					 application or conducting related activities. The PNP coordinator, or the
					 department area management biologist, will provide assistance to the extent
					 practicable.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.400
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.130 - Management feasibility analysis

Current through May 31, 2024
(a) The department
				  will assist an applicant by preparing a management feasibility analysis for
				  each proposed hatchery site. The analysis will be completed before submittal of
				  an application for a private nonprofit salmon hatchery permit. An analysis is
				  based on information provided by the applicant to the PNP coordinator,
				  including
(1) the location of the
				  facility;
(2) the species desired
				  for hatchery production;
(3) the
				  run timing, by species;
(4) the
				  incubation and rearing levels desired during the first reproductive cycle, by
				  species; and
(5) the incubation and
				  rearing levels desired at full capacity, by species.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.140 - Permit application

Current through May 31, 2024
An application for a hatchery permit must be submitted to
					 the PNP coordinator. The PNP coordinator will provide an application form upon
					 request. The application must include a completed management feasibility
					 analysis. The applicant shall provide, in the permit application, detailed
					 statements of operational goals, objectives, and plans.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.400
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.150 - Application fee

Current through May 31, 2024
An application must be accompanied by the fee required by
					 AS
					 16.10.400.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.400
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.160 - Acceptance determination

Current through May 31, 2024
(a) The PNP
				  coordinator shall review a submitted application for completeness and determine
				  whether it includes the completed management feasibility analysis described in
				  5 AAC 40.130(b). If the PNP coordinator
				  determines that the application form is not complete or does not contain a
				  completed management feasibility analysis, the PNP coordinator shall request,
				  in writing, the necessary information from the applicant to complete the
				  application. An application will not be accepted until the PNP coordinator
				  determines that the application is complete and that it contains a completed
				  management feasibility analysis.
(b) The 60-day time period for processing an
				  application under
				  5 AAC 40.190, Schedule A, will begin when the
				  application is accepted under this section.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.400
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.170 - Regional planning team review

Current through May 31, 2024
(a) The appropriate
				  regional planning team, as established under
				  5 AAC 40.300, shall review each application to determine
				  if the proposed hatchery is compatible with the appropriate regional
				  comprehensive salmon plan. The regional planning team shall use the following
				  application review criteria:
(1) the
				  contribution the proposed hatchery would make to the common property
				  fishery;
(2) the provisions for
				  protection of the naturally occurring stocks from any adverse effects which may
				  originate from the proposed hatchery;
(3) the compatibility of the proposed
				  hatchery with the goals and objectives of the comprehensive salmon plan for the
				  region; and
(4) whether the
				  proposed hatchery would make the best use of the site's potential to benefit
				  the common property fishery.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.180 - Additional information

Current through May 31, 2024
(a) If, after an application has been
				  accepted by the PNP coordinator, the PNP coordinator determines that more
				  information is necessary in order for the department to evaluate the
				  biological, management, and economic feasibility of the proposed hatchery, the
				  PNP coordinator shall request, in writing, the necessary information from the
				  applicant.
(b) If the requested
				  information is not received by the PNP coordinator within 90 days of the date
				  of the written request, the application will be rejected. Nothing in this
				  subsection is intended to preclude an applicant from submitting another
				  application at a later date if that application complies with
				  5 AAC 40.140 and includes the application fee required
				  under 5 AAC 40.150.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.400
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.190 - Review and approval schedules

Current through May 31, 2024
(a) Except as
				  provided in
				  5 AAC 40.180, the application review and approval
				  process is set out in Schedules A and B in (b) and (c) of this
				  section.
(b) Hatchery Permit
				  Application Review - Schedule A. The time frame for processing an application
				  under Schedule A is 60 days, which is the fastest period that an application
				  can be processed if no problems are encountered.
Applicant
submits
applica-
tion to PNP coor-
dinator. UNHANDLEDCHAR PNP
coordi-
nator re-
views the
applica-
tion for
complete-
ness. If the
applica-
tion is in-
complete,
or does not
contain a
completed
manage-
ment fea-
sibility
analysis,
PNP coor-
dinator
requests
the neces-
sary in-
formation
from
applicant. UNHANDLEDCHAR After ap-
plication
is accept-
ed, the
commercial
fisheries
management
and deve-
lopment
(CFMD) di-
vision
technical
staff re-
views appli-
cation, sub-
mits com-
ments to
the PNP
coordinator,
or requests
additional
informa-
tion from
the PNP
coordinator. UNHANDLEDCHAR Depart-
ment man-
agement
and region-
al staff
reviews
applica-
tion, sub-
mits com-
ments to
the PNP
coordina-
tor, or
requests
additional
informa-
tion from
the PNP
coordi-
nator. UNHANDLEDCHAR The re-
gional
planning
team re-
views appli-
cation to
determine
if proposal
is compat-
ible with
the region-
al compre-
hensive
salmon
plan;
sends rec-
ommendation
to the com-
missioner. UNHANDLEDCHAR Basic
Manage-
ment Plan
(BMP) is
drafted
by depart-
ment area
staff, ap-
plicant,
and the
PNP coor-
dinator. UNHANDLEDCHAR The appli-
cation and
BMP are
completed.
The depart-
ment sched-
ules a pub-
lic hear-
ing. (AS
16.10.410,
5 AAC
40.210,
and 5 AAC
40.820).
Note: All requests from department technical, management,
					 and regional staff for additional information must be directed to the PNP
					 coordinator.
(c) Issuance
				  of Private Nonprofit Hatchery Permit - Schedule B. The time period for
				  processing an application under Schedule B is 75 days.
Completed
application
with Basic
Management
Plan (BMP):
30 day no-
tice pub-
lished for
public
hearing on
the com-
pleted ap-
plication
and BMP. UNHANDLEDCHAR Public hearing
held
(AS 16.10.410,
5 AAC 40.210,
and 5 AAC
40.820).
Public hear-
ing process
concludes
10 days
after oral
hearing
to allow the
department
to respond
to specific
objections. UNHANDLEDCHAR BMP final-
ized by appli-
cant and
PNP coor-
dinator after
completion
of public
hearing
(d) If additional information is requested
				  from the applicant by the PNP coordinator at any time during the review and
				  approval process set out in
				  5 AAC 40.190, Schedule A, the remainder of the 60-day
				  time period will be suspended until the requested information is received by
				  the PNP coordinator and determined to be sufficient.
Authority:
AS
						16.05.020
AS 16.05.092
AS 16.10.375
AS
						16.10.400
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.210 - Public hearing

Current through May 31, 2024
(a) The department will conduct a public
				  hearing on each completed permit application. The commissioner will give notice
				  of public hearing at any time after acceptance of an application. The notice
				  will be given at least 25 days before a public hearing, and the notice will, in
				  the commissioner's discretion, be given before the completion of the draft
				  basic management plan. The hearing will be held under the following sequential
				  procedures:
(1) the commissioner will make an
				  introductory statement;
(2) the
				  applicant shall make a presentation of the proposed hatchery plans, describing
				  its location, incubation plans, the capacity of the facility, the donor stock
				  source, and other relevant facts that may be of interest to the department or
				  the public;
(3) the department will
				  present the draft of the basic management plan for the proposed facility,
				  including a presentation on fish culture aspects, production considerations,
				  and a presentation of the management section of the basic management plan by
				  the local commercial fisheries and sport fisheries area management biologist;
				  and
(4) the commissioner will open
				  the floor for public testimony and questions on all aspects of the proposed
				  facility.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.220 - Review and determination

Current through May 31, 2024
(a) The
				  commissioner will review the following information, compiled by the PNP
				  coordinator, before rendering a decision on an application:
(1) recommendations from the regional
				  planning team;
(2) recommendations
				  resulting from the department's review of the application; and
(3) the results of the public hearing
				  regarding the proposed facility.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.230 - Reconsideration

Current through May 31, 2024
An application for a private nonprofit salmon hatchery
					 permit which has been denied by the commissioner will, in the commissioner's
					 discretion, be reconsidered if the applicant provides new or additional
					 information that may have altered the original decision.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.400
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 4 - Permit Application Procedures › 5 AAC 40.240 - Permit revocation

Current through May 31, 2024
(a) The commissioner will revoke a hatchery
				  permit if the commissioner determines that at the end of five years from the
				  date the permit was issued, the permit holder has not undertaken substantial
				  ongoing work to construct and operate a hatchery facility in compliance with
				  the terms and conditions specified in the permit and the facility development
				  schedule specified in the basic management plan required by
				  5 AAC 40.820.
(b) To initiate revocation of a permit under
				  this section, the PNP coordinator shall notify the permit holder, in writing,
				  of the proposed revocation. The permit holder may have 30 days from the date of
				  the notice of the proposed revocation to submit information to the commissioner
				  to show that the permit holder has undertaken substantial ongoing work to
				  construct and operate a hatchery facility in compliance with the terms and
				  conditions specified in the permit and the facility development schedule
				  specified in the basic management plan required by
				  5 AAC 40.820.
(c) The PNP coordinator shall provide written
				  notice of the proposed revocation of the hatchery permit to the regional
				  planning team for the area in which the proposed hatchery is permitted. The
				  regional planning team may have 90 days from the date of the notice to review
				  the proposed revocation and submit comments on it to the
				  commissioner.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.430
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 5 - Regional Comprehensive Planning › 5 AAC 40.300 - Regional planning teams in general

Current through May 31, 2024
The commissioner will establish regions and regional
					 planning teams for the primary purpose of developing comprehensive salmon plans
					 for various regions of the state. The provisions of
					 5 AAC 40.300 -
					 5 AAC 40.370 govern the structure and functions of each
					 regional planning team and the development of a comprehensive salmon plan for
					 each region.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.375
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 5 - Regional Comprehensive Planning › 5 AAC 40.310 - Regional planning team composition

Current through May 31, 2024
(a) Each regional
				  planning team consists of six members. Three are department personnel appointed
				  by the commissioner, and three are appointed by the board of directors of the
				  appropriate regional aquaculture association, qualified under
				  AS
				  16.10.380.
(b) The commissioner will, in his or her
				  discretion, request the involvement of representatives of federal and state
				  agencies to assist a regional planning team if their contribution will aid in
				  the development of the regional comprehensive plan.
Authority:
AS
						16.05.020
AS 16.05.092
AS 16.10.375
AS
						16.10.380
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 5 - Regional Comprehensive Planning › 5 AAC 40.320 - Chairman of regional planning team

Current through May 31, 2024
(a) Each regional
				  planning team shall elect a chairman to serve at the pleasure of the
				  team.
(b) The chairman or his
				  delegate shall
(1) conduct regional planning
				  team meetings, including recording of proceedings, and employing agreed-upon
				  rules of order;
(2) set the agenda
				  and meeting time and place for regional planning team meetings; and
(3) coordinate regional planning team staff
				  in the accomplishment of tasks assigned to the chairman by the team, including
(A) providing the commissioner with team
				  communications requiring commissioner review or approval;
(B) contacting members to determine who will
				  be attending the next scheduled meeting; and
(C) preparing minutes of the previous
				  meeting.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 5 - Regional Comprehensive Planning › 5 AAC 40.330 - Quorum and voting

Current through May 31, 2024
A regional planning team may not transact business without
					 a simple majority of four members. Voting procedures may be established at the
					 discretion of the membership.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.375
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 5 - Regional Comprehensive Planning › 5 AAC 40.340 - Regional planning team responsibility

Current through May 31, 2024
Each regional planning team shall prepare a regional
					 comprehensive salmon plan, for the appropriate region, to rehabilitate natural
					 stocks and supplement natural production, with provisions for both public and
					 private nonprofit hatcheries. Each region planning team shall consider the
					 needs of all user groups and ensure that the public has opportunity to
					 participate in the development of the comprehensive salmon plan. Each regional
					 comprehensive plan must define regional production goals by species, area, and
					 time.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.375
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 5 - Regional Comprehensive Planning › 5 AAC 40.345 - Southeast Alaska

Current through May 31, 2024
In accordance with the Southeastern Alaska Area Enhanced
					 Salmon Allocation Management Plan in
					 5 AAC 33.364, the joint Northern and Southern Southeast
					 Regional Planning Team shall make annual recommendations to the commissioner on
					 production changes to salmon enhancement projects to comply with allocation
					 plans.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.375
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 5 - Regional Comprehensive Planning › 5 AAC 40.350 - Public notice

Current through May 31, 2024
The chair of the regional planning team, or the chair's
					 designee, shall give two weeks' notice, on the Alaska Online Public Notice
					 System (AS
					 44.62.175), of a planning team meeting.
					 Additionally, the chair may use alternative methods to provide notice to the
					 public that are specific regional circumstanes. The alternate method may
					 include department advisory announcements. publications in a newspaper of
					 general circulation, website postings, electronic mail distribution lists, and
					 radio or television advertisements.
Authority:
AS
						16.05.020
AS
						16.05.092
AS
						16.10.375
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 5 - Regional Comprehensive Planning › 5 AAC 40.360 - Public involvement

Current through May 31, 2024
Each regional planning team shall encourage public
					 participation during all stages of the development and review of regional
					 comprehensive salmon plans.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.375
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 5 - Regional Comprehensive Planning › 5 AAC 40.370 - Plan approval

Current through May 31, 2024
(a) A draft regional comprehensive salmon
				  plan must be submitted to the PNP coordinator for department review and
				  comment.
(b) The draft regional
				  comprehensive salmon plan must be distributed for public review.
(c) The regional planning team shall respond
				  to comments received as a result of these reviews, and may incorporate them in
				  the final draft of the regional comprehensive salmon plan.
(d) The regional planning team shall submit a
				  final draft of the regional comprehensive salmon plan to the commissioner for
				  review and approval.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.375
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 8 - General Provisions › 5 AAC 40.800 - Nontransferability of permits

Current through May 31, 2024
A hatchery permit is not transferable. Another person
					 wishing to obtain a permit to operate a hatchery at a location which is already
					 a currently permitted site, shall submit an application, which is subject to
					 the same application review schedule as outlined in
					 5 AAC 40.110 -
					 5 AAC 40.230. If the assets, or control, of a private
					 nonprofit corporation that holds a hatchery are transferred to a degree
					 considered substantial by the department, the corporation shall submit a new
					 application for a hatchery permit.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.400
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 8 - General Provisions › 5 AAC 40.810 - Preference right

Current through May 31, 2024
(a) A preference right under
				  AS
				  16.10.400 applies to a potential hatchery
				  site, and does not constitute an approval of a permit.
(b) As part of the pre-application assistance
				  described in
				  5 AAC 40.120, the PNP coordinator will inform the
				  applicant whether a qualified regional association or an approved local
				  nonprofit hatchery corporation has an established preference right to the
				  identified site.
(c) The PNP
				  coordinator will notify the appropriate qualified regional association, by
				  certified letter, of an applicant's intent to apply for a hatchery site if that
				  site has been identified as a potential hatchery site in the comprehensive plan
				  for the region.
(d) Within three
				  weeks after receiving the notification, the qualified regional association may
				  respond, by certified letter, to the PNP coordinator to establish a preference
				  right at that location.
(e) If the
				  qualified regional association exercises a preference right for that site, the
				  association may, within one year, submit an application for acceptance. If an
				  application is not submitted and accepted within one year, the qualified
				  regional association relinquishes its preference right to that
				  location.
(f) A local nonprofit
				  hatchery corporation is eligible to establish a preference right to a proposed
				  site if the corporation receives approval from the qualified regional
				  association. That preference right is identical to the one which can be
				  established by a qualified regional association.
(g) A local nonprofit hatchery corporation
				  seeking regional association approval shall send a notice, by certified letter,
				  to the PNP coordinator at the same time that a certified letter requesting
				  approval is sent to the qualified regional association.
(h) all applicants for a permit, including
				  local nonprofit corporations, local nonprofit hatchery corporations approved by
				  the qualified regional associations, shall follow the application procedures
				  outlined in
				  5 AAC 40.110 -
				  5 AAC 40.230.
Authority:
AS
						16.05.020
AS 16.05.092
AS
						16.10.400
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 8 - General Provisions › 5 AAC 40.820 - Basic management plans

Current through May 31, 2024
(a) A hatchery operator shall manage the
				  hatchery and its salmon returns in accordance with a basic management plan
				  approved by the commissioner. Before the public hearing held under
				  5 AAC 40.210 on the proposed hatchery, department staff,
				  in conjunction with the applicant, shall develop a draft basic management plan
				  that includes a facility development schedule of no more than five years.
				  Department staff and the applicant shall present the draft basic management
				  plan and facility development schedule at the public hearing and shall make
				  copies available for public review and comment at the hearing.
(b) If, following the public hearing, the
				  commissioner decides to issue a permit for the proposed hatchery, department
				  staff shall finalize the basic management plan and facility development
				  schedule after all comments have been considered. The final basic management
				  plan, which includes a facility development schedule, describes the conditions
				  under which the permit will be implemented, and is an addendum to the
				  permit.
Authority:
AS
						16.05.020
AS 16.05.092
AS 16.10.400
AS 16.10.410
AS
						16.10.443
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 8 - General Provisions › 5 AAC 40.830 - Hatchery inspection

Current through May 31, 2024
The permit holder shall notify the PNP coordinator when
					 construction of the hatchery has been completed and the facility is ready for
					 operation. The facility must be inspected and approved by the department before
					 the permit holder may start operations.
Authority:
AS
						16.05.020
AS 16.05.092
AS 16.10.400
AS
						16.10.460
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 8 - General Provisions › 5 AAC 40.840 - Annual management plans

Current through May 31, 2024
(a) Beginning with
				  the first year of operation of the hatchery, and on an annual basis after that,
				  the department will prepare, in conjunction with the permit holder, an annual
				  management plan to guide and condition hatchery operations.
(b) An annual Mangement plan must organize
				  and guide the hatchery's operations regarding producation, goals broodstock
				  management, and harvest mangement of hatchery returns. The plan must be
				  developed with consideration of the hatchery's production cycle. The production
				  cycle begins with adult returns, that lead to egg take and end with fish
				  relases. Action may be taken outside of the management plan if allowed under
				  the hatchery permit or modified by emergency order.
(c) The PNP coordinator shall organize the
				  appropriate department staff and the permit holder in preparing a draft annual
				  management plan. The appropriate regional planning team and the Department of
				  Commerce, Community, and Economic Development may also review the plan. The
				  operator shall submit a draft plan to the department not later than April 1 of
				  each year.
Authority:
AS
						16.05.020
AS
						16.05.092
AS
						16.10.375
AS
						16.10.400
AS
						16.10.443
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 8 - General Provisions › 5 AAC 40.850 - Notice of permit alteration

Current through May 31, 2024
(a) A hatchery
				  permit holder may propose alteration of the permit, based on accumulated
				  experience and changing conditions. The permit holder shall request, on a form
				  provided by the PNP coordinator, a permit alteration for a proposed
				  modification to the permit or change in the basic management plan for the
				  hatchery.
(b) Requests for permit
				  alterations must be received by the PNP coordinator, on the prescribed form, no
				  later than February 15 of the calendar year that the proposed alteration is to
				  occur. The commissioner will, in his or her discretion, extend the deadline for
				  submittal of a permit alteration request, on a case-by-case basis, if the
				  request is justified by extraordinary circumstances or emergency.
(c) The regional planning team may, if the
				  commissioner so requests, review and make a recommendation to the commissioner
				  on the permit alteration request.
(d) In reviewing the request, the
				  commissioner will, in his or her discretion, consider past management practices
				  and fish culture procedures associated with the request, the past performance
				  of the hatchery, the recommendation of the regional planning team, and any
				  additional information deemed necessary.
(e) Issuance of a notice of permit alteration
				  by the department modifies the hatchery permit.
Authority:
AS
						16.05.020
AS
						16.05.092
AS
						16.10.400
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 8 - General Provisions › 5 AAC 40.860 - Performance review

Current through May 31, 2024
(a) Based upon a department internal review,
				  the PNP coordinator will notify the commissioner if a hatchery operator's
				  performance is inadequate, according to the conditions under which the permit
				  was granted.
(b) The commissioner
				  will, in his or her discretion, consider a permit alteration, suspension, or
				  revocation in accordance with
				  AS
				  16.10.430. If the commissioner decides to
				  consider a permit alteration, suspension, or revocation, the coordinator will
				  notify the appropriate regional planning team. The regional planning team may
				  make a written recommendation to the commissioner on the proposed alteration,
				  suspension, or revocation. The regional planning team shall use the following
				  performance standards in their review, evaluation, and recommendation to the
				  commissioner, including whether:
(1)
				  survivals in the hatchery are more than the minimum standards described in (c)
				  of this section for a period of greater than four years;
(2) the transport of broodstock from wild
				  sources does not continue for longer than one cycle of the particular species
				  without reevaluation of hatchery operations;
(3) the hatchery contributes to the common
				  property fishery;
(4) the hatchery
				  does not significantly impact wild stocks in a negative manner;
(5) the hatchery fulfills the production
				  objectives described in the terms of the hatchery permit; and
(6) there are any mitigating circumstances
				  which were beyond the control of the hatchery operator.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 8 - General Provisions › 5 AAC 40.870 - Reporting of mortality

Current through May 31, 2024
(a) If, in any of the hatchery operations
				  during the year, an event occurs which results in fish or egg mortalities above
				  the minimum hatchery survival standards defined in
				  5 AAC 40.860, the operator shall inform the PNP
				  coordinator immediately and shall submit an incident report, which must include
(1) a description of the nature of the
				  incident;
(2) the cause of the
				  incident;
(3) the time of the
				  incident;
(4) the effect on the
				  stocks;
(5) corrective action taken
				  and proposed measures to eradicate future problems; and
(6) an assessment of the general impact on
				  the program.
Alaska Administrative Code › Title 5 - Fish and Game › Part 1 - Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries › Chapter 40 - Private Nonprofit Salmon Hatcheries › Article 8 - General Provisions › 5 AAC 40.880 - Surplus salmon eggs

Current through May 31, 2024
(a) Salmon eggs are surplus if the following
				  conditions are met:
(1) the hatchery operator
				  no longer needs to return to the indigenous stocks in order to develop the
				  broodstock for the hatchery; and
(2) broodstock needs for the hatchery, as
				  identified in the annual management plan, must have been achieved through
				  salmon returning to the facility.