HB 220: "An Act relating to fish; and establishing a fisheries enhancement permit."
00 HOUSE BILL NO. 220 01 "An Act relating to fish; and establishing a fisheries enhancement permit." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 16.05 is amended by adding a new section to read: 04 Sec. 16.05.855. Fisheries enhancement permit. (a) Subject to restrictions 05 imposed under this section, the department may issue a fisheries enhancement permit 06 to a qualified person that allows the person 07 (1) to remove fish from state water, collect gametes or fertilize and 08 incubate eggs taken from the fish, and place the incubated and fertilized eggs or 09 hatched fish in the same or other state water; 10 (2) to enhance habitat and augment nutrients in state water to aid the 11 survival of fish; and 12 (3) subject to AS 16.10.375 - 16.10.480, to use technologies and tools 13 to accomplish approved project activities. 14 (b) An applicant for a permit under this section shall apply on a form 15 prescribed by the department. The department shall make the application form
01 available on the department's Internet website and at the department's regional and 02 local offices. The department shall charge a fee for printing an application form 03 provided by the department's offices. An application for a permit must include 04 (1) the name of the applicant; 05 (2) a statement of the reasons for and feasibility of the proposed 06 project using historical and current data relating to habitat, the food web, and fish 07 populations in the project area; 08 (3) documentation of 09 (A) the conditions justifying the project; 10 (B) the applicant's collaboration, and plan for continued 11 collaboration, with a qualified person under (k)(2) of this section; and 12 (C) any communication, or plan for continued communication, 13 from the applicant with affected persons, relevant organizations with 14 applicable expertise, and stakeholders in the project area; 15 (4) the locations of the water from which the applicant will take fish 16 and the water in which the applicant will place fish eggs or fish; 17 (5) the species and number of fish to be taken and, if applicable, the 18 number to be taken for brood stock; 19 (6) a management plan that demonstrates the ability of the applicant to 20 carry out and sustain the proposed project, including the applicant's plan for fish 21 propagation or repopulation in permitted water; 22 (7) the applicant's goals, schedule, planned duration, performance 23 measures, scope of work, budget, means of collecting data, plan for genetics 24 management, and watershed habitat enhancement plan, if applicable, for the project; 25 and 26 (8) an application fee of $100. 27 (c) The department may not issue a permit under this section unless the 28 commissioner determines that the project 29 (1) may restore or introduce a population of fish in a body of water in 30 which 31 (A) subsistence and escapement goals have not been met;
01 (B) there are no established escapement goals and local 02 stakeholders have identified a decline in the number of the species of fish; or 03 (C) the population of the species of fish is limited or the species 04 of fish is absent because of an identified factor including restricted 05 accessibility to the body of water for fish because of a natural or manmade 06 barrier; 07 (2) will result in public benefits; and 08 (3) will not introduce a nonindigenous fish or live fertilized eggs of 09 nonindigenous fish in violation of AS 16.35.210. 10 (d) In reviewing an application submitted under (b) of this section and 11 determining whether the department will issue a permit for a proposed project, the 12 commissioner shall consider 13 (1) the department's assessment of the proposed project; 14 (2) the capabilities of the applicant; 15 (3) the degree to which the applicant has reasonably communicated 16 with affected persons, including relevant organizations with applicable expertise, and 17 stakeholders in the project area; 18 (4) relevant and applicable comments relating to the proposed project 19 submitted under (h) of this section; 20 (5) the consistency of the proposed project with the constitutional and 21 statutory requirements and duties imposed on the department; and 22 (6) whether the proposed project will increase scientific knowledge 23 and understanding of natural resources affected by the project. 24 (e) A permittee or a person to whom a project is transferred under (f) of this 25 section shall 26 (1) collect and provide project data and reports reasonably requested 27 by the department; 28 (2) reasonably communicate with affected persons, including relevant 29 organizations with applicable expertise, and stakeholders in the project area. 30 (f) A permit issued under this section may be transferred to another qualified 31 person as defined in (k) of this section.
01 (g) Within 15 days after the department receives an application for a fisheries 02 enhancement permit, the commissioner shall notify an applicant that the application is 03 complete or incomplete. The commissioner may reject an application that is not 04 completed within 30 days after the commissioner notifies the applicant that the 05 application is incomplete. Within 60 days after the date the commissioner notifies an 06 applicant that an application is complete, the commissioner shall approve or reject the 07 application. If the commissioner fails to act within that period, the application is 08 approved and the department shall issue a permit. 09 (h) The department shall provide public notice of a permit application in 10 summary form within 15 days after the application is received by the department. A 11 person may submit comments to the department on a pending application within 30 12 days after the department provides public notice of the application. The department 13 shall also provide public notice of approval or rejection of an application within 30 14 days after the date of the project's approval or rejection. The department shall provide 15 public notice by electronic mail to a person who registers with the department and by 16 posting at the department's regional and local offices and on the department's Internet 17 website. The department shall charge a fee under AS 40.25.110 for a printed copy of a 18 public record related to a fisheries enhancement project. 19 (i) A permit issued under this section shall require that the permittee 20 (1) preserve natural fish feeding behavioral patterns to the extent 21 reasonably possible; 22 (2) may only use supplemental nutrients if the biological components 23 of the nutrients are from indigenous sources in the state; 24 (3) implement appropriate controls to avoid the introduction of 25 nonindigenous or invasive pathogens or the increase of indigenous pathogens beyond 26 levels acceptable to the department. 27 (j) Unless confidential by law, the department shall make information 28 provided under (e) of this section available on the department's Internet website for at 29 least six months after the information is provided to the department. 30 (k) In this section, 31 (1) "person" means an individual, corporation, business trust, estate,
01 trust, partnership, limited liability company, association, joint venture, or government; 02 governmental subdivision, agency, or instrumentality; public corporation; or another 03 legal or commercial entity; 04 (2) "qualified person" means a state resident under AS 43.23.095, a 05 corporation organized under laws of this state, or a corporation not organized under 06 the laws of this state that collaborates with a state resident or corporation organized 07 under the laws of this state; 08 (3) "reasonably communicate" means communicating significant 09 information by a mode of communication likely to provide notice to persons a 10 reasonable person would know are affected by a project or proposed project. 11 * Sec. 2. AS 16.05.871 is amended by adding a new subsection to read: 12 (e) In making a finding that the plans and specifications for a proposed 13 construction, work, or use sufficiently protect fish and game under (d) of this section, 14 the commissioner shall consider related fisheries enhancement projects under 15 AS 16.05.855.