Alaska Admin. Code tit. 5, § 40.190 – Hatchery permit application review process

(a) Except as provided in 5 AAC 40.180, the application review process for a hatchery permit is set out in (b) of this section.
(b) An applicant shall submit an application for a salmon hatchery or shellfish hatchery permit to the PNP coordinator. Once an application has been received by the PNP coordinator, if the PNP coordinator determines that no additional action is necessary to process the application, the PNP coordinator will review and process the application within 60 days in accordance with the following review process:
1. (1) the PNP coordinator will verify that the application is complete; if the application is
  1. (A) incomplete or does not include a complete management feasibility analysis, the PNP coordinator shall request the required information from the applicant in writing; or
  2. (B) complete, the PNP coordinator shall accept the application and proceed with department review; the accepted application shall be provided to department technical and regional management staff;
2. (2) the department will review the accepted application and may submit comments to the PNP coordinator or request, through the PNP coordinator, additional information from the applicant; a request by the PNP coordinator for additional information from the applicant suspends the 60-day application review timeline until the requested information is received by the PNP coordinator;
3. (3) the department shall work with the applicant to develop a draft basic management plan for the proposed hatchery; the draft basic management plan must be determined by the PNP coordinator to be complete before a public hearing is held under 5 AAC 40.210;
4. (4) if the application is for a salmon hatchery, the appropriate regional planning team shall review the application to determine if the proposed hatchery is compatible with the regional comprehensive salmon plan developed under AS 16.10.375 and submit the team's recommendation to the commissioner;
5. (5) if the application is for a shellfish hatchery, the commissioner shall consult with and solicit recommendations from federal and state agencies and technical experts in the relevant area regarding permit stipulations and issuance for the proposed hatchery;
6. (6) once the PNP coordinator determines that the application, draft basic management plan, and review are complete, the department will notice and conduct a public hearing, subject to the provisions of 5 AAC 40.210, for an application for a
  1. (A) salmon hatchery in accordance with AS 16.10.410;
  2. (B) shellfish enhancement project in accordance with 16.12.020;
7. (7) after the conclusion of the public notice and hearing, the PNP coordinator will work with the applicant to finalize the draft basic management plan;
8. (8) the PNP coordinator will compile the hatchery permit application information, including the finalized draft basic management plan, for the commissioner's review and issuance of a decision in accordance with
  1. (A) 5 AAC 40.220, for a salmon hatchery permit;
  2. (B) 5 AAC 40.225, for a shellfish hatchery permit.

(Eff. 3/31/85, Register 93; am 4/28/95, Register 134; am 11/25/2011, Register 200; am 6/11/2025, Register 254)

Authority: AS 16.05.020, AS 16.10.400, AS 16.12.020, AS 16.05.092, AS 16.10.410, AS 16.12.060, AS 16.10.375, AS 16.12.010