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 shellfish hatchery permit:

   1. (1) recommendations resulting from the department's review of the application; and
   2. (2) the information presented, recommendations, and specific support or objections from the public hearing regarding the proposed shellfish facility, hatchery permit application, or basic management plan.

2. (b) The commissioner will issue a decision on whether to approve or deny a shellfish hatchery application, including the basic management plan, and notify the applicant in writing of the decision 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 shellfish fisheries, rehabilitating natural stocks, or increasing the area of productive natural shellfish habitat and must have the potential to make a reasonable contribution to the common property fishery; the proposed hatchery production may not unreasonably or adversely affect management of natural stocks; a shellfish fishery enhancement project may not significantly alter traditional fishery time, area, gear type, or user group allocations;
   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 and available resources of the site;
   3. (3) the proximity of the proposed hatchery releases to an area that will allow for a harvest of hatchery stocks without adversely affecting natural stocks;
   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 broodstock 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;
   6. (6) the proposed hatchery plan and staffing plan must demonstrate a reasonable level of operational feasibility and an acceptable degree of potential success.

(Eff. 6/11/2025, Register 254)

Authority: AS 16.05.020, AS 16.05.092, AS 16.12.010