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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 AS 16.05.871 is repealed and reenacted to read:                                                          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.