5 Alaska Admin. Code § 95.011

Current through September 25, 2024

Section 5 AAC 95.011 - Waters important to anadromous fish

(a) The Atlas to the Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes and Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes, as revised as of June 2024, are adopted by reference. The six-volume atlas is a compilation of topographic maps upon which are specified, the various rivers, lakes, or streams, or parts of the rivers, lakes, or streams, that are important for the spawning, rearing, or migration of anadromous fish. The catalog is a listing of the water bodies specified in the atlas. The catalog sets out legal descriptions for the mouth and the known upper range of the fish of each stream, river, or lake designated on the maps in the atlas. The atlas and catalog identify the water bodies for which a person or agency shall first notify the department, before

(1) the construction of a hydraulic project;

(2) using, diverting, obstructing, polluting, or changing the natural flow or bed of a specified river, lake, or stream; or

(3) the use of wheeled, tracked, or excavating equipment or log-dragging equipment in the bed of a specified river, lake, or stream.

(b) Permit application procedures, catalog and atlas updating procedures, definitions of terms, and other information or requirements to implement, interpret, or make specific the provisions of AS 16.05.871, included in the introduction attached to the catalog and the atlas described in (a) of this section, are also adopted by reference. The introduction also includes a user's guide to the atlas and catalog, and limitations of the information in the atlas or the catalog.

5 AAC 95.011

Eff. 3/1/75, Register 53; am 7/31/82, Register 83; am 10/14/83, Register 88; am 7/27/84, Register 91; am 5/19/85, Register 94; am 5/8/86, Register 98; am 5/1/87, Register 102; am 5/8/88, Register 106; am 6/7/89, Register 110; am 9/29/90, Register 115; am 4/1/92, Register 121; am 8/30/92, Register 123; am 10/20/93, Register 128; am 4/28/95, Register 134; am 6/22/97, Register 142; am 2/6/99, Register 149; am 1/15/2005, Register 172; am 3/1/2006, Register 177; am 9/15/2006, Register 179; am 6/1/2007, Register 182; am 6/2/2008, Register 186; am 6/1/2009, Register 190; am 6/1/2010, Register 194; am 6/1/2011, Register 198; am 6/1/2012, Register 202; am 7/1/2013, Register 206; am 6/1/2014, Register 210, July 2014; am 6/1/2015, Register 210, July 2014; am 6/1/2016, Register 218, July 2016; am 6/1/2017, Register 222, July 2017; am 6/1/2018, Register 226, July 2018; am 6/1/2019, Register 230, April 2019; am 6/1/2020, Register 234, July 2020; am 6/1/2021, Register 238, July 2021; am 6/5/2022, Register 242, July 2022; am 6/11/2023, Register 246, July 2023; am 6/21/2024, Register 250, July 2024

Copies of the Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes for a specified region may be obtained by writing to the Department of Fish and Game (ADF&G), Division of Sport Fish, 333 Raspberry Road, Anchorage, AK 99518-1599. Electronic copies may also be viewed through the ADF&G website at http://www.adfg.alaska.gov/sf/SARR/AWC/index.cfm?/ADFG=data.AWCdata

Copies of the entire An Atlas to the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes are available for examination at the ADF&G offices in Anchorage and Fairbanks. Copies are also available for viewing at the Alaska State Library in Juneau and the ARLIS Library in Anchorage.

Copies of regional volumes of the atlas for the region of the state where they are located are available for examination at the ADF&G offices in Craig, Delta Junction, Homer, Juneau, Ketchikan, Nome, Soldotna, and Tok. An electronic equivalent may also be viewed through the ADF&G website at http://www.adfg.alaska.gov/sf/SARR/AWC/index.cfm?ADFG=maps.maps

As of Register 166 (July 2003), and acting under AS 44.62.125(b)(6), until Register 186 (July 2008), the regulations attorney relocated former 5 AAC 95.010 to 11 AAC 195.010, and made conforming technical changes, to reflect Executive Order 107 (2003). Executive Order 107 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Fish and Game to the Department of Natural Resources.

As of Register 186 (July 2008), and acting under AS 44.62.125(b)(6), the regulations attorney relocated former 11 AAC 195.010 to 5 AAC 95.011, and made conforming technical changes, to reflect Executive Order 114 (2008). Executive Order 114 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Natural Resources to the Department of Fish and Game. The history note for 5 AAC 95.011 carries forward the history from former 5 AAC 95.010 and former 11 AAC 195.010.

Authority:AS 16.05.020

AS 16.05.871