1. (a) The commissioner shall review the following information, compiled by the PNP coordinator, before issuing a decision on whether to approve or deny an application for a salmon hatchery permit:

   1. (1) recommendations from the regional planning team;
   2. (2) recommendations resulting from the department's review of the application; and
   3. (3) objections and recommendations received from the public during the public hearing regarding the proposed hatchery facility.

2. (b) The commissioner will issue a decision on whether to approve or deny a salmon hatchery permit application, including the draft basic management plan, and notify the applicant of the decision in writing not later than 75 calendar days after the conclusion of the public hearing held under 5 AAC 40.210. The commissioner shall base the decision on the following:

   1. (1) the physical and environmental nature of the proposed location must be suitable for enhancing runs or for establishing new runs and must have the potential to make a reasonable contribution to the common property fishery; the proposed hatchery returns may not

      1. (A) unreasonably or adversely affect management of natural stocks; or
      2. (B) require significant alteration of a traditional fishery time, area, gear type, or user group allocation;
   2. (2) the operation of the proposed hatchery must make the best use of the site's potential to benefit the common property fishery; to achieve optimum public benefit from the state's private nonprofit hatchery program and ensure that the proposed hatchery is in the best interests of the public, an enhancement site must be developed to the site's fullest potential with consideration to appropriate species, technological use of the site, and available resources;

   3. (3) the proximity of the proposed hatchery releases to an area that will allow for a reasonable segregation of hatchery stocks; the harvest area of the proposed hatchery must be

      1. (A) of sufficient size to allow harvest of the hatchery returns; and
      2. (B) may not otherwise limit a harvest to a location where fish would not be expected to satisfy the requirements of AS 16.10.450;
   4. (4) the proposed hatchery must have available donor sources that are approvable under 5 AAC 41; proposed donor sources for hatchery broodstock must be able to meet necessary first-cycle egg take levels;

   5. (5) the proposed hatchery must have a secured water source and delivery system that is adequate for the proposed levels of incubation and rearing; the security of the water source must be demonstrated through

      1. (A) appropriate water use permits;
      2. (B) annual hydrographs;
      3. (C) a chemical analysis of the water source; and
      4. (D) necessary provisions for recycling and depuration;
   6. (6) the proposed hatchery facility and water intake structures may not be located in a stream or in the reach of a stream that has dynamic flooding characteristics or significant and rapid bedload transport that may endanger water intake galleries, weirs, the facility, or the reliability of the water source for the proposed hatchery;
   7. (7) the proposed hatchery must allow for the maintenance of adequate instream flows below the hatchery or any hatchery-related facility, including a water intake structure, to support natural stocks;
   8. (8) the proposed hatchery plan and staffing plan must demonstrate operational feasibility.
3. (c) If an application is approved under this section, the commissioner shall, as a condition of the hatchery permit, require the permit holder to provide for suitable fish-passage facilities in order to accommodate acceptable upstream and downstream passage of fish, if passage facilities are determined by the department to be necessary.

(Eff. 3/31/85, Register 93; am 6/11/2025, Register 254)

Authority: AS 16.05.020, AS 16.10.375, AS 16.05.092, AS 16.10.400