(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.
