HB 199: "An Act establishing general fish and wildlife permits and major and minor anadromous fish habitat permits for certain activities; establishing related penalties; and relating to the protection of fish and game and fish and game habitat."
00 HOUSE BILL NO. 199 01 "An Act establishing general fish and wildlife permits and major and minor 02 anadromous fish habitat permits for certain activities; establishing related penalties; 03 and relating to the protection of fish and game and fish and game habitat." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 16.05.861 is amended to read: 06 Sec. 16.05.861. Penalty for violating fishway [AND HATCHERY] 07 requirements. (a) The owner of a dam or obstruction who fails to comply with 08 AS 16.05.841 [OR 16.05.851] or a regulation adopted under AS 16.05.841 [OR 09 16.05.851] within a reasonable time specified by written notice from the commissioner 10 is guilty of a misdemeanor, and is punishable by a fine of not more than $1,000. Each 11 day the owner fails to comply constitutes a separate offense. 12 (b) In addition to the fine, the dam or other obstruction managed, controlled, 13 or owned by a person violating AS 16.05.841 [OR 16.05.851] or a regulation adopted 14 under AS 16.05.841 [OR 16.05.851] is a public nuisance and is subject to abatement.
01 * Sec. 2. AS 16.05.871 is repealed and reenacted to read: 02 Sec. 16.05.871. Determination of anadromous fish habitat. (a) The 03 commissioner shall specify in regulation all the various water bodies or portions of 04 them that are important anadromous fish habitat, including those water bodies or 05 portions of them that are presumed to be important anadromous fish habitat under (c) 06 of this section. 07 (b) A determination that a water body is not important anadromous fish habitat 08 must be supported by the commissioner's written finding. The department may 09 conduct a site-specific determination to determine whether a water body, or portion 10 thereof, is important anadromous fish habitat. Any person may request a site-specific 11 determination. The commissioner shall adopt regulations specifying how the 12 department shall conduct site-specific determinations. 13 (c) In the absence of a site-specific determination by the department under (b) 14 of this section, the commissioner shall presume that a naturally occurring permanent 15 or seasonal surface water body is important anadromous fish habitat. 16 (d) In this section, "anadromous fish habitat" means a naturally occurring 17 permanent or seasonal surface water body and its adjacent riparian areas that 18 contribute, directly or indirectly, to the spawning, rearing, migration, or overwintering 19 of anadromous fish. 20 * Sec. 3. AS 16.05 is amended by adding new sections to read: 21 Sec. 16.05.873. General permit for fish and wildlife habitat protection. (a) 22 The department may permit similar activities that do not have the potential to 23 significantly affect anadromous fish habitat or other fish and wildlife habitat on a 24 regional or other geographical basis through a general permit issued under this section, 25 if the commissioner determines that 26 (1) the activity, singly or in combination with other factors, poses little 27 potential to significantly affect fish and wildlife habitat; 28 (2) the activity does not relate to industrial development; 29 (3) the potential adverse effects of the activity may be prevented by 30 requiring certain conditions and stipulations on the activity; 31 (4) permit conditions and stipulations are mandatory and enforceable;
01 and 02 (5) a general permit for the activity is in the public interest. 03 (b) When the commissioner makes a determination to issue a general permit 04 under this section, the commissioner shall provide public notice of the proposed 05 permit and opportunity to comment under (e) of this section. Additionally, the 06 commissioner shall hold at least one public hearing if requested by an interested 07 person. If no request for reconsideration is timely received under AS 16.05.889, and 08 the commissioner determines the general permit meets the requirements in (a) of this 09 section, the commissioner may issue a general permit. A general permit issued under 10 this section must be renewed every five years. 11 (c) A person conducting an activity under a general permit shall first obtain a 12 written authorization from the department. The department shall issue or deny a 13 requested authorization within five days. The department may make general permit 14 authorizations available through electronic means. The general permit authorization 15 shall set out conditions and stipulations to avoid adverse effects to fish and wildlife 16 habitat. 17 (d) The commissioner may amend a permit issued under this section at any 18 time to include additional conditions and stipulations or may rescind the permit if the 19 commissioner determines that the permit does not protect fish and wildlife habitat. The 20 commissioner shall provide public notice under (e) of this section of 21 (1) changes proposed by the commissioner to a permit issued under 22 this section; or 23 (2) a determination made by the commissioner to rescind a permit 24 issued under this section. 25 (e) The department shall provide public notice of a determination made under 26 this section. The department shall 27 (1) post notice of the permit decision or commissioner's determination 28 on the Alaska Online Public Notice System (AS 44.62.175); 29 (2) make a copy of the respective permit or determination available on 30 the department's Internet website; and 31 (3) provide at least 30 days for public comment.
01 Sec. 16.05.875. Anadromous fish habitat permit. (a) Except in an emergency 02 under AS 16.05.891, a person shall obtain an anadromous fish habitat permit under 03 AS 16.05.883 or 16.05.885 before conducting an activity that may use, divert, 04 obstruct, pollute, or otherwise affect a water body, or portion thereof, that is specified 05 as an important anadromous fish habitat under AS 16.05.871(a). 06 (b) An applicant shall complete an application on a form approved by the 07 department for a permit under AS 16.05.883 or 16.05.885 and submit the application 08 to the department. The commissioner may require additional information from an 09 applicant before approving an application. An applicant shall provide all information 10 requested by the commissioner to reasonably assess a proposed activity's effects on 11 anadromous fish habitat, including 12 (1) the scope and duration of the proposed activity; and 13 (2) mitigation measures planned for areas of affected anadromous fish 14 habitat. 15 (c) Upon receiving a complete fish habitat permit application, any fee required 16 under AS 16.05.893, and any other information requested by the commissioner under 17 (b) of this section, the commissioner shall determine the proposed activity's potential 18 effects on anadromous fish habitat under AS 16.05.877. Before making the 19 determination, the commissioner may work with the applicant in planning the activity 20 to avoid or minimize the activity's potential adverse effects on anadromous fish habitat 21 under AS 16.05.877. 22 (d) If the commissioner determines that a proposed activity, as conditioned by 23 permit requirements and mitigation measures that would likely be required of the 24 activity by the department under AS 16.05.887, will not significantly adversely affect 25 anadromous fish habitat under AS 16.05.877, the commissioner shall classify the 26 application for the activity as an application for a minor permit under AS 16.05.883. 27 (e) If the commissioner determines that a proposed activity has the potential to 28 significantly adversely affect anadromous fish habitat under AS 16.05.877, the 29 commissioner shall classify the application for the activity as an application for a 30 major permit under AS 16.05.885. 31 (f) The department shall provide public notice of a determination made under
01 this section. The department shall 02 (1) post notice of the determination on the Alaska Online Public 03 Notice System (AS 44.62.175); 04 (2) make a copy of the application available on the department's 05 Internet website; and 06 (3) for an activity that the commissioner has determined under (e) of 07 this section to require a major permit, provide at least 30 days for public comment. 08 (g) In this section, "anadromous fish habitat" has the meaning given in 09 AS 16.05.871. 10 Sec. 16.05.877. Significant adverse effects. (a) A proposed activity has the 11 potential to significantly adversely affect anadromous fish habitat under AS 16.05.871 12 - 16.05.901 if the proposed activity, singly or in combination with other factors, will 13 (1) impair the quality, quantity, or flow of water necessary for a water 14 body to support anadromous fish habitat; 15 (2) impede or prevent the safe, timely, and efficient upstream and 16 downstream passage of anadromous fish to areas of anadromous fish habitat; 17 (3) impair the quality or flow of a water body that is not anadromous 18 fish habitat, but is necessary to preserve the quality or flow of a water body that is 19 anadromous fish habitat; 20 (4) reduce aquatic habitat diversity, productivity, stability, or function; 21 (5) adversely affect other fish and wildlife that depend on the health 22 and productivity of that anadromous fish habitat; or 23 (6) violate any additional criteria, consistent with the requirements of 24 AS 16.05.871 - 16.05.901, adopted by the commissioner by regulation. 25 (b) In this section, "anadromous fish habitat" has the meaning given in 26 AS 16.05.871. 27 * Sec. 4. AS 16.05.881 is amended to read: 28 Sec. 16.05.881. Construction without approval prohibited. If a person or 29 governmental agency conducts an activity [BEGINS CONSTRUCTION ON A 30 WORK OR PROJECT OR USE] for which a permit [NOTICE] is required by 31 AS 16.05.875(a) [AS 16.05.871] without the appropriate permit issued under
01 AS 16.05.883 or 16.05.885 [FIRST PROVIDING PLANS AND SPECIFICATIONS 02 SUBJECT TO THE APPROVAL OF THE COMMISSIONER FOR THE PROPER 03 PROTECTION OF FISH AND GAME, AND WITHOUT FIRST HAVING 04 OBTAINED WRITTEN APPROVAL OF THE COMMISSIONER AS TO THE 05 ADEQUACY OF THE PLANS AND SPECIFICATIONS SUBMITTED FOR THE 06 PROTECTION OF FISH AND GAME], the person or agency is guilty of a 07 misdemeanor. If a person or governmental agency is convicted of violating 08 AS 16.05.871 - 16.05.901 [AS 16.05.871 - 16.05.896] or continues an activity [A 09 USE, WORK, OR PROJECT] without fully complying with AS 16.05.871 - 16.05.901 10 [AS 16.05.871 - 16.05.896], the activity [USE, WORK, OR PROJECT] is a public 11 nuisance and is subject to abatement. The cost of restoring a specified water body or 12 portion thereof [RIVER, LAKE, OR STREAM] to its original condition shall be 13 borne by the violator and shall be in addition to the penalty imposed by the court 14 under AS 16.05.901. 15 * Sec. 5. AS 16.05 is amended by adding new sections to read: 16 Sec. 16.05.883. Minor anadromous fish habitat permit. The commissioner 17 may issue a minor permit for an activity after issuing public notice of the 18 determination under AS 16.05.875(f). A minor permit issued under this section must 19 include any necessary permit conditions or mitigation measures required of the 20 permittee under AS 16.05.887. 21 Sec. 16.05.885. Major anadromous fish habitat permit. (a) Unless 22 reconsideration is requested under AS 16.05.889, the commissioner shall, after 23 providing notice under AS 16.05.875(f) of a determination under AS 16.05.875(e), 24 prepare a draft major anadromous fish habitat permit assessment that identifies and 25 describes 26 (1) the proposed activity; 27 (2) the extent and duration of the effects the activity will have on 28 anadromous fish habitat; 29 (3) possible alternatives or modifications to the proposed activity that 30 will avoid or minimize the activity's adverse effects on anadromous fish habitat; 31 (4) any permit conditions and mitigation measures that the department
01 may require of the permittee under AS 16.05.887; 02 (5) if applicable, the amount of the performance bond necessary to 03 restore anadromous fish habitat if the permittee does not meet the permit conditions 04 and mitigation measures required under AS 16.05.887; and 05 (6) the commissioner's determination of whether the proposed 06 activity's significant adverse effects, singly or in combination with other factors, 07 (A) can be prevented or minimized under (d) of this section; or 08 (B) are likely to cause substantial damage to anadromous fish 09 habitat under (e) of this section. 10 (b) An applicant for a permit under this section shall collect information 11 reasonably requested by the commissioner under AS 16.05.875. 12 (c) Upon completion of the draft assessment under (a) of this section, the 13 department shall 14 (1) post notice on the Alaska Online Public Notice System 15 (AS 44.62.175); 16 (2) make a copy of the draft assessment available on the department's 17 Internet website; and 18 (3) provide at least 30 days for public comment. 19 (d) A proposed activity's significant adverse effects may be minimized under 20 this section if the activity's potential significant adverse effects on anadromous fish 21 habitat under AS 16.05.877, as conditioned by permit requirements and mitigation 22 measures required of the activity under AS 16.05.887, are not permanent and that 23 anadromous fish habitat affected by the activity will likely recover or be restored 24 within a reasonable period to a level that sustains the water body's, or portion of the 25 water body's, natural and historical levels of anadromous fish, other fish, and wildlife 26 that depend on the health and productivity of the anadromous fish habitat. 27 (e) A proposed activity's significant adverse effects on anadromous fish 28 habitat under AS 16.05.877 cannot be prevented or minimized if the commissioner 29 determines that the proposed activity is likely to cause substantial damage to 30 anadromous fish habitat. A proposed activity is likely to cause substantial damage if 31 (1) the proposed activity is likely to have significant adverse effects on
01 anadromous fish habitat under AS 16.05.877; 02 (2) the proposed activity's significant effects cannot be minimized 03 under (d) of this section or prevented; and 04 (3) the significant adverse effects of the proposed activity are likely to 05 affect anadromous fish habitat in such a manner that the habitat will not likely recover 06 or be restored within a reasonable period to a level that sustains the water body's, or 07 portion of the water body's, natural and historical levels of anadromous fish, other fish, 08 and wildlife that depend on the health and productivity of that anadromous fish 09 habitat. 10 (f) In determining whether anadromous fish habitat will recover or be restored 11 within a reasonable period under this section, the commissioner shall account for the 12 life stage, life span, and reproductive behavior of the species of anadromous fish that 13 depend on the habitat affected by the proposed activity using the best available 14 scientific information. 15 (g) After the completion of the comment period established by (c)(3) of this 16 section and evaluation of the comments received, the commissioner shall publish a 17 final assessment and a written permit determination on the department's Internet 18 website. The final assessment and written permit determination must include any 19 permit conditions and mitigation measures imposed on the proposed activity under 20 AS 16.05.887. The department shall post public notice of the final assessment and 21 permit determination on the Alaska Online Public Notice System (AS 44.62.175) and 22 provide written or electronic notice to each person who commented on the 23 commissioner's determination that the application for the permitted activity was an 24 application for a major permit under AS 16.05.875(e) or the draft assessment prepared 25 under (a) of this section for the activity. 26 (h) The commissioner may only issue a major permit to an applicant if 27 (1) the commissioner's written permit determination finds that 28 (A) the public notice period required under (c) of this section is 29 complete; 30 (B) any permit conditions and mitigation measures under 31 AS 16.05.887 are mandatory and enforceable; and
01 (C) the activity, as authorized by the written permit 02 determination, will not cause substantial damage to anadromous fish habitat 03 under (e) of this section; 04 (2) the applicant 05 (A) accepts any permit conditions and mitigation measures 06 under AS 16.05.887; and 07 (B) if required, provides the bond required by (j) of this 08 section; and 09 (3) a request for reconsideration of the commissioner's determination 10 under (g) of this section is not timely received under AS 16.05.889. 11 (i) If a request for reconsideration of the commissioner's final assessment and 12 written determination issued under (g) of this section is timely received under 13 AS 16.05.889(a), the commissioner shall issue a major permit for the activity when the 14 commissioner 15 (1) denies the request for reconsideration or issues a new determination 16 under AS 16.05.889(c); and 17 (2) finds that the requirements of (h)(1) and (2) of this section have 18 been met. 19 (j) After the commissioner approves an application for an activity in a written 20 permit determination under (g) of this section, the applicant shall file with the 21 commissioner, on a form furnished by the commissioner, a performance bond in an 22 amount established by the commissioner payable to the State of Alaska and 23 conditioned on faithful performance of the requirements of this chapter and the permit. 24 Except as provided in (k) of this section, the commissioner may not issue a permit 25 until an applicant files the bond in an amount sufficient to ensure the completion of the 26 mitigation measures determined necessary by the commissioner under AS 16.05.887 27 and included in the written permit decision posted under (g) of this section. The 28 performance bond may be a corporate surety bond issued by a corporation licensed to 29 do business in the state or a personal bond secured by cash or its equivalent. However, 30 the commissioner may not accept a bond executed by the applicant without separate 31 surety.
01 (k) A governmental entity is exempt from the bonding requirements of this 02 section. 03 (l) A permittee may not transfer or assign authority to conduct an activity that 04 requires a permit under this section to another person without 05 (1) the written approval of the commissioner; and 06 (2) posting a performance bond for the transferee or assignee as 07 required under (a)(5) of this section, unless the transferee or assignee is exempt under 08 (k) of this section. 09 (m) In this section, "anadromous fish habitat" has the meaning given in 10 AS 16.05.871. 11 Sec. 16.05.887. Permit conditions and mitigation measures. (a) The 12 commissioner shall require a permittee under AS 16.05.883 or 16.05.885 to implement 13 the permitted activity in a manner most likely to prevent or minimize the activity's 14 adverse effects on anadromous fish habitat under AS 16.05.877. However, 15 notwithstanding (b)(2) of this section, the commissioner may not issue a permit for an 16 activity that the commissioner determines 17 (1) will cause substantial damage to anadromous fish habitat under 18 AS 16.05.885(e); 19 (2) necessitates water treatment, groundwater pumping, or other means 20 of mechanical, chemical, or human intervention in perpetuity; 21 (3) cannot be carried out in a manner that will ensure the protection of 22 other fish and wildlife habitat; 23 (4) will convert a wild fish population to a hatchery-dependent fish 24 population; or 25 (5) will dewater or relocate a water body or portion of a water body, 26 for five or more years, that the commissioner has specified as important, or as 27 presumed to be important, to anadromous fish habitat under AS 16.05.871(a). 28 (b) When establishing permit conditions for an activity under this section, 29 including permit stipulations and mitigation measures, the commissioner shall, in 30 order of priority, require a permittee under AS 16.05.883 or 16.05.885 to take the 31 following actions:
01 (1) limit adverse effects of the activity on anadromous fish habitat by 02 changing the siting, timing, procedure, or other manageable qualities of the activity; 03 (2) if the significant adverse effects of the activity cannot be prevented 04 under (1) of this subsection, minimize the significant adverse effects of the activity by 05 limiting the degree, magnitude, duration, or implementation of the activity; and 06 (3) if the activity cannot be implemented in a manner that prevents 07 significant adverse effects to anadromous fish habitat under this subsection, restore the 08 affected anadromous fish habitat and take mitigation measures. 09 (c) Permit conditions and mitigation measures under this section may not 10 offset the activity's adverse effects by restoring, establishing, enhancing, or preserving 11 another water body, other portions of the water body, or land. 12 (d) The department shall adopt regulations consistent with AS 16.05.871 - 13 16.05.901 establishing appropriate permit conditions and mitigation measures 14 applicable to activities subject to permitting requirements under AS 16.05.883 or 15 16.05.885. 16 (e) In this section, "anadromous fish habitat" has the meaning given in 17 AS 16.05.871. 18 Sec. 16.05.889. Reconsideration of determinations. (a) Within 30 days after 19 the date of a determination of the commissioner under AS 16.05.871 - 16.05.901, a 20 person adversely affected by the determination may request that the commissioner 21 reconsider the determination. A request for reconsideration must be in writing. 22 (b) Within 30 days after receiving a request for reconsideration, the 23 commissioner shall issue a written determination granting or denying the request. If 24 the commissioner does not act on the request for reconsideration within 30 days after 25 receiving the request, the request is denied. If the commissioner grants the request for 26 reconsideration, the commissioner shall issue a final determination within 30 days. 27 (c) The commissioner's determination upon reconsideration is the final 28 administrative decision for purposes of appeal to the superior court under 29 AS 44.62.560. A person shall initiate an appeal within 30 days after the date that the 30 final determination is mailed or otherwise distributed, or the date that the request for 31 reconsideration is considered denied by the commissioner's failure to act on the
01 request, whichever is earlier. The points on appeal are limited to those presented to the 02 commissioner in the request for reconsideration. 03 * Sec. 6. AS 16.05.891 is amended to read: 04 Sec. 16.05.891. Exemption for emergency situations. In an emergency 05 arising from weather or stream flow conditions, the commissioner, through authorized 06 representatives, shall issue oral permits to a riparian owner for removing obstructions 07 or for repairing existing structures without the necessity of a permit issued under 08 AS 16.05.871 - 16.05.901 [SUBMITTING PREPARED PLANS AND 09 SPECIFICATIONS AS REQUIRED BY AS 16.05.871]. 10 * Sec. 7. AS 16.05 is amended by adding new sections to read: 11 Sec. 16.05.893. Fees. (a) The commissioner shall establish reasonable fees for 12 (1) reviewing permit applications, assessments performed by the 13 department under AS 16.05.885, and the issuance of permits under AS 16.05.871 - 14 16.05.901; and 15 (2) other services provided under AS 16.05.871 - 16.05.901. 16 (b) The commissioner may waive a fee under AS 16.05.871 - 16.05.901 if the 17 commissioner finds that waiving the fee is in the public interest. The commissioner 18 shall, in regulations adopted by the department, specify the circumstances under which 19 a fee may be waived under this subsection. 20 (c) Fees collected under this section shall be separately accounted for under 21 AS 37.05.142. 22 Sec. 16.05.894. Notification of violation. When the commissioner finds, after 23 investigation, that a permittee or activity permitted under AS 16.05.871 - 16.05.901 is 24 violating a provision of AS 16.05.871 - 16.05.901, a regulation adopted under 25 AS 16.05.871 - 16.05.901, a permit condition or stipulation imposed under 26 AS 16.05.873, or a permit condition or mitigation measure imposed under 27 AS 16.05.887, the commissioner shall notify the permittee of the nature of the 28 violation and 29 (1) order that the violation be stopped; or 30 (2) if the violation cannot be stopped, order the permittee to prevent or 31 mitigate the adverse effects of the violation on anadromous fish, other fish, and
01 wildlife habitat in a manner consistent with AS 16.05.871 - 16.05.901. 02 * Sec. 8. AS 16.05.901(a) is amended to read: 03 (a) A person who violates AS 16.05.871 - 16.05.901 or a regulation adopted 04 under AS 16.05.871 - 16.05.901 [AS 16.05.871 - 16.05.896] is guilty of a violation 05 punishable as provided in AS 12.55. A person who knowingly violates 06 AS 16.05.871 - 16.05.901 or a regulation adopted under AS 16.05.871 - 16.05.901 07 is guilty of a class A misdemeanor and is punishable as provided in AS 12.55. 08 * Sec. 9. AS 16.05.901 is amended by adding new subsections to read: 09 (c) A person that, with criminal negligence, violates or permits a violation of 10 AS 16.05.871 - 16.05.901, a regulation adopted under AS 16.05.871 - 16.05.901, a 11 permit condition or stipulation imposed under AS 16.05.873, a permit condition or 12 mitigation measure imposed under AS 16.05.887, or an order issued under 13 AS 16.05.894 is guilty of a class A misdemeanor and is punishable as provided in 14 AS 12.55. In this subsection, "criminal negligence" has the meaning given in 15 AS 11.81.900(a). 16 (d) Notwithstanding (a) of this section, if a person or governmental agency 17 fails to notify the commissioner of an activity for which a permit is required under 18 AS 16.05.871 - 16.05.901 and the activity causes material damage to anadromous fish 19 habitat or, by neglect or noncompliance with permit conditions and stipulations 20 imposed under AS 16.05.873 or permit conditions or mitigation measures imposed 21 under AS 16.05.883 or 16.05.885, causes material damage to anadromous fish habitat, 22 the person or governmental agency is guilty of a class A misdemeanor and is 23 punishable as provided in AS 12.55. 24 (e) Each day that a violation under this section occurs is a separate violation. 25 (f) A person who violates or permits a violation of AS 16.05.871 - 16.05.901, 26 a regulation adopted under AS 16.05.871 - 16.05.901, a permit condition or stipulation 27 imposed under AS 16.05.873, a permit condition or mitigation measure imposed under 28 AS 16.05.883 or 16.05.885, or an order issued under AS 16.05.894 is liable, after 29 notice and hearing, for a civil penalty in an amount not to exceed $10,000 to be 30 assessed by the commissioner. In determining the amount of the civil penalty, the 31 commissioner shall consider
01 (1) the character and degree of injury to anadromous fish, other fish, 02 and wildlife habitat; 03 (2) the degree of intent or negligence of the respondent in causing or 04 permitting the violation; 05 (3) the character and number of past violations caused or permitted by 06 the respondent; and 07 (4) if the information is available, the net economic savings realized by 08 the respondent through the violation. 09 (g) If a respondent violates an order issued under AS 16.05.894, the attorney 10 general, upon the request of the commissioner, may seek an injunction requiring the 11 respondent to suspend an activity, in whole or in part, until the respondent complies 12 with the order. 13 (h) If a respondent violates an order issued under AS 16.05.894 that requires 14 the respondent to repair or correct damage, the commissioner may proceed to repair or 15 correct the damage using state agency employees or contractors and the respondent is 16 liable for the cost of the repair. The commissioner shall deliver to the respondent an 17 itemized statement of expenses incurred. 18 (i) The supreme court shall establish by order or rule a schedule of bail 19 amounts for violations under (a) of this section that allow the disposition of a citation 20 without a court appearance. The bail amount for a violation must appear on the 21 citation. 22 (j) In this section, "anadromous fish habitat" has the meaning given in 23 AS 16.05.871. 24 * Sec. 10. AS 16.05.925(a) is amended to read: 25 (a) Except as provided in AS 16.05.430, 16.05.665, 16.05.722, 16.05.723, 26 16.05.783, 16.05.831, 16.05.861, 16.05.901, and 16.05.905, a person who violates 27 AS 16.05.920 or 16.05.921, or a regulation adopted under this chapter or AS 16.20, is 28 guilty of a class A misdemeanor. 29 * Sec. 11. AS 16.20.070 is amended to read: 30 Sec. 16.20.070. Relationship to other laws. AS 16.20.050 and 16.20.060 do 31 not affect AS 16.05.871 - 16.05.901 [AS 16.05.871 - 16.05.891].
01 * Sec. 12. AS 37.05.146(c) is amended by adding a new paragraph to read: 02 (90) fees collected by the Department of Fish and Game under 03 AS 16.05.871 - 16.05.901. 04 * Sec. 13. AS 41.17.010 is amended to read: 05 Sec. 41.17.010. Declaration of intent. The legislature declares that 06 (1) the forest resources of Alaska are among the most valuable natural 07 resources of the state, and furnish timber and wood products, fish and wildlife, 08 tourism, outdoor recreation, water, soil, air, minerals, and general health and welfare; 09 (2) economic enterprises and other activities and pursuits derived from 10 forest resources warrant the continuing recognition and support of the state; 11 (3) the state has a fundamental obligation to ensure that management 12 of forest resources guarantees perpetual supplies of renewable resources, provides 13 nonrenewable resources in a manner consistent with that obligation, and serves the 14 needs of all Alaska for the many products, benefits, and services obtained from them; 15 (4) government administration of forest resources should combine 16 professional management services, regulatory measures, and economic incentives in a 17 complementary fashion, and should draw upon the expertise of professional foresters 18 in conjunction with other disciplines; 19 (5) under the leadership of the Department of Environmental 20 Conservation as lead agency, the state should exercise its full responsibility and 21 authority for control of nonpoint source pollution with respect to the Federal Water 22 Pollution Control Act, as amended; 23 (6) subject to AS 41.17.098(c), the provisions of this chapter, and 24 regulations adopted under this chapter, with the approval of the Department of 25 Environmental Conservation, establish the nonpoint source pollution requirements 26 under state law and sec. 319 of the Clean Water Act for activities subject to this 27 chapter; 28 (7) except for activities subject to AS 16.05.871 - 16.05.901 29 [AS 16.05.841 OR 16.05.871] and regulations authorized by those sections, this 30 chapter and regulations adopted under this chapter establish the fish habitat protection 31 standards, policies, and review processes under state law.
01 * Sec. 14. AS 44.62.330(a)(27) is amended to read: 02 (27) Department of Fish and Game as to functions relating to the 03 protection of anadromous fish, other fish, and wildlife habitat under AS 16.05.871 04 - 16.05.901 where procedures are not otherwise expressly provided in 05 AS 16.05.871 - 16.05.901 [FISH AND GAME UNDER AS 16.05.871]; 06 * Sec. 15. AS 46.15.020(b) is amended to read: 07 (b) The commissioner shall 08 (1) adopt procedural and substantive regulations to carry out the 09 provisions of this chapter, taking into consideration the responsibilities of the 10 Department of Environmental Conservation under AS 46.03 and the Department of 11 Fish and Game under AS 16; 12 (2) develop and maintain a standardized procedure for processing 13 applications and the issuance of authorizations, permits, and certifications under this 14 chapter; shall keep a public record of all applications for permits and certificates and 15 other documents filed in the commissioner's office; shall record all permits and 16 certificates and amendments and orders affecting them and shall index them in 17 accordance with the source of the water and the name of the applicant or appropriator; 18 shall require that temporary water use authorizations are valid only to the extent that 19 the water withdrawal and use complies with applicable requirements of AS 16.05.871 20 - 16.05.901 [AS 16.05.871]; and shall make the record of applications, including 21 temporary water use applications under AS 46.15.155 that have been accepted as 22 complete, authorizations, permits, certificates, amendments, and orders affecting them 23 available to the public on the Internet; 24 (3) cooperate with, assist, advise, and coordinate plans with the 25 federal, state, and local agencies, including local soil and water conservation districts, 26 in matters relating to the appropriation, use, conservation, quality, disposal, or control 27 of waters and activities related thereto; 28 (4) prescribe fees or service charges for any public service rendered 29 consistent with AS 37.10.050 - 37.10.058, except that the department may charge 30 under regulations adopted by the department an annual $50 administrative service fee 31 to maintain the water management program and a water conservation fee under
01 AS 46.15.035; 02 (5) before February 1 of each year, prepare a report describing the 03 activities of the commissioner under AS 46.15.035 and 46.15.037; the commissioner 04 shall notify the legislature that the report is available; the report must include 05 (A) information on the number of applications and 06 appropriations for the removal of water from one hydrological unit to another 07 that were requested and that were granted and on the amounts of water 08 involved; 09 (B) information on the number and location of sales of water 10 conducted by the commissioner and on the volume of water sold; 11 (C) recommendations of the commissioner for changes in state 12 water law; and 13 (D) a description of state revenue and expenses related to 14 activities under AS 46.15.035 and 46.15.037. 15 * Sec. 16. AS 16.05.851 and 16.05.896 are repealed.