HB 107: "An Act relating to certain fish; and establishing a fisheries enhancement permit."

00                             HOUSE BILL NO. 107                                                                          
01 "An Act relating to certain 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       that allows a qualified person                                                                                    
07                 (1)  to remove anadromous or freshwater finfish from water of the state,                                
08       collect gametes and fertilize and incubate eggs taken from the fish, and place the                                
09       fertilized or incubated eggs, larvae, or unfed fry in the same water of the state; and                            
10                 (2)  to enhance habitat in water of the state to aid the survival of the                                
11       fish.                                                                                                             
12 (b)  An applicant for a permit under this section shall apply on a form                                                 
13 prescribed by the department. The department shall make the application form                                            
14 available on the department's Internet website and at the department's regional and                                     
15 local offices. The department shall charge a fee for printing an application form                                       
01       provided by the department's offices. An application for a permit must include                                    
02                 (1)  the name of the applicant;                                                                         
03                 (2)  a statement of the reasons for and feasibility of the proposed                                     
04       project using historical and current data relating to habitat, the food web, and fish                             
05       populations in the project area;                                                                                  
06                 (3)  documentation of                                                                                   
07                      (A)  the conditions justifying the project;                                                        
08                      (B)  any communication, or plan for continued communication,                                       
09            from the applicant with affected persons, relevant organizations with                                        
10            applicable expertise, and stakeholders in the project area; and                                              
11                      (C)  any state, local, or federal permits required for the project;                                
12 (4)  the location of the water from which the applicant will take fish                                                  
13       and place fish eggs;                                                                                              
14 (5)  the species and number of fish to be taken and, if applicable, the                                                 
15       number to be taken for brood stock;                                                                               
16 (6)  a management plan that demonstrates the ability of the applicant to                                                
17 carry out and sustain the proposed project, including the applicant's plan for fish                                     
18       propagation or repopulation in permitted water;                                                                   
19 (7)  the applicant's goals, schedule, planned duration, performance                                                     
20 measures, scope of work, budget, means of collecting data, plan for genetics                                            
21 management, and watershed habitat enhancement plan, if applicable, for the project;                                     
22       and                                                                                                               
23                 (8)  an application fee of $100.                                                                        
24 (c)  The department may issue a permit under this section if the commissioner                                           
25       determines that the project                                                                                       
26 (1)  may restore or increase a population of fish in a body of water in                                                 
27       which                                                                                                             
28                      (A)  subsistence and escapement goals have not been met;                                           
29 (B)  there are no established escapement goals and local                                                                
30            stakeholders have identified a decline in the number of the species of fish; or                              
31                      (C)  the population of the species of fish is limited;                                             
01                 (2)  will result in public benefits;                                                                    
02                 (3)  will not harm indigenous wild fish stocks;                                                         
03                 (4)  will not place eggs, larvae, or unfed fry in a body of water in which                              
04       there are sufficient numbers of the same species of fish for natural propagation of the                           
05       species to occur;                                                                                                 
06                 (5)  will not introduce live fertilized eggs, larvae, or fry of                                         
07       nonindigenous fish in violation of AS 16.35.210.                                                                  
08            (d)  In reviewing an application submitted under (b) of this section and                                     
09       determining whether the department will issue a permit for a proposed project, the                                
10       commissioner shall consider                                                                                       
11                 (1)  the department's assessment of the proposed project;                                               
12                 (2)  the capabilities of the applicant;                                                                 
13 (3)  the degree to which the applicant has reasonably communicated                                                      
14 with affected persons, including relevant organizations with applicable expertise, and                                  
15       stakeholders in the project area;                                                                                 
16 (4)  if the proposed project is a salmon enhancement project, relevant                                                  
17 and applicable comments relating to the proposed project submitted by a regional                                        
18 planning team established under AS 16.10.375 for the region that encompasses the                                        
19       project area;                                                                                                     
20 (5)  the consistency of the proposed project with the comprehensive                                                     
21 salmon plan developed under AS 16.10.375 for the region that encompasses the                                            
22 project area and with constitutional and statutory requirements and duties imposed on                                   
23       the department; and                                                                                               
24 (6)  whether the proposed project will increase scientific knowledge                                                    
25       and understanding of natural resources affected by the project.                                                   
26            (e)  A permittee shall                                                                                       
27 (1)  collect and provide project data and reports reasonably requested                                                  
28       by the department;                                                                                                
29 (2)  reasonably communicate with affected persons, including relevant                                                   
30       organizations with applicable expertise, and stakeholders in the project area.                                    
31 (f)  Within 15 days after the department receives an application for a fisheries                                        
01 enhancement permit, the commissioner shall notify an applicant that the application is                                  
02 complete or incomplete. The commissioner may reject an application that is not                                          
03 completed within 30 days after the commissioner notifies the applicant that the                                         
04 application is incomplete. Within 90 days after the date the commissioner notifies an                                   
05 applicant that an application is complete, the commissioner shall approve or reject the                                 
06 application. If the commissioner fails to act within that period, the application is                                    
07       approved and the department shall issue a permit.                                                                 
08            (g)  A permit issued under this section shall require that the permittee                                     
09                 (1)  collect not more than 500,000 eggs for fertilization;                                              
10 (2)  implement appropriate controls to avoid the introduction of                                                        
11 nonindigenous or invasive pathogens or the increase of indigenous pathogens beyond                                      
12       levels acceptable to the department.                                                                              
13 (h)  Fish released into the water of the state under a permit issued under this                                         
14 section are available to the people for common use and are subject to applicable law in                                 
15       the same way as fish occurring in their natural state.                                                            
16 (i)  A permit issued under this section is valid for three years from the date of                                       
17 issuance and, upon application by the permittee, may be extended by the                                                 
18       commissioner.                                                                                                     
19            (j)  In this section,                                                                                        
20 (1)  "person" means an individual, corporation, business trust, estate,                                                 
21 trust, partnership, limited liability company, association, joint venture, or government;                               
22 governmental subdivision, agency, or instrumentality; public corporation; or another                                    
23       legal or commercial entity;                                                                                       
24 (2)  "qualified person" means a state resident under AS 43.23.095 or a                                                  
25       corporation organized under laws of this state;                                                                   
26 (3)  "reasonably communicate" means communicating significant                                                           
27 information by a mode of communication likely to provide notice to persons a                                            
28       reasonable person would know are affected by a project or proposed project.                                       
29    * Sec. 2. AS 16.05.871 is amended by adding a new subsection to read:                                              
30 (e)  In making a finding that the plans and specifications for a proposed                                               
31 construction, work, or use sufficiently protect fish and game under (d) of this section,                                
01 the commissioner shall consider related fisheries enhancement projects under                                            
02       AS 16.05.855.                                                                                                     
03    * Sec. 3. AS 16.10.375 is amended to read:                                                                         
04 Sec. 16.10.375. Regional salmon plans. The commissioner shall designate                                               
05 regions of the state for the purpose of salmon production and have developed and                                        
06 amend as necessary a comprehensive salmon plan for each region, including                                               
07 provisions for salmon enhancement projects conducted under AS 16.05.855 and                                         
08 both public and private nonprofit hatchery systems. Subject to plan approval by the                                     
09 commissioner, comprehensive salmon plans shall be developed by regional planning                                        
10       teams consisting of department personnel and representatives of the appropriate                                   
11       qualified regional associations formed under AS 16.10.380.