Section 5 AAC 40.220 - Review and determination(a) The commissioner will review the following information, compiled by the PNP coordinator, before rendering a decision on an application: (1) recommendations from the regional planning team;(2) recommendations resulting from the department's review of the application; and(3) the results of the public hearing regarding the proposed facility.(b) The commissioner will render a decision on the completed application, and notify the applicant in writing, within 75 calendar days after an application is complete. The commissioner's decision will be based on the following considerations: (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 unreasonably or adversely affect management of natural stocks. The returns for the proposed hatchery may not require significant alterations in traditional fishery time, area, gear type, or user group allocations.(2) The operation of the proposed hatchery must make the best use of the site's potential, to benefit the common property fishery. In order 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, enhancement sites must be developed to their fullest potential, with consideration to appropriate species and technological use of the site.(3) The proximity of the proposed hatchery to an area that will allow for a segregated harvest of hatchery stocks without adversely affecting natural stocks is an important factor. The harvest area of the proposed hatchery must be of sufficient size to allow harvest of hatchery returns, and may not otherwise limit harvests to a location where fish would not be expected to be of sufficient quality to satisfy the requirements of AS 16.10.450 regarding fish for human consumption.(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 under department removal schedules.(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 the appropriate water use permits, annual hydrographs, chemical analysis of the water source, and any provisions necessary for recycling and depuration.(6) The proposed hatchery facility and water intake structures may not be located in streams or reaches of streams that have dynamic flooding characteristics or that have 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) The proposed hatchery must allow for the maintenance of adequate instream flows below the hatchery or any hatchery-related facilities, such as water intake structures, to support natural stocks.(8) The proposed hatchery plans and staffing plans must demonstrate a reasonable level of operational feasibility and an acceptable degree of potential success.(c) If the application is approved, the commissioner will, as a condition of the 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 93Authority:AS 16.05.020
AS 16.05.092
AS 16.10.375
AS 16.10.400