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.