Alaska Administrative Code
Title 5 - Fish and Game
Part 5 - Protection of Fish and Game Habitat
Chapter 95 - Fish and Game Habitat
Article 8 - General Provisions
5 AAC 95.900 - Mitigation of damages

(a) Each permittee shall mitigate any adverse effect upon fish or wildlife, or their habitat, which the commissioner determines may be expected to result from, or which actually results from, the permittee's activity, or which was a direct result of the permittee's failure to

(b) Mitigation techniques must be employed in the following order of priority:

(c) The duty to mitigate in (a) of this section does not apply to unavoidable adverse effects upon fish or wildlife populations, or their habitat, arising from an overwhelming force of nature with consequences not preventable by due and reasonable precautions.

(d) The commissioner will, in his or her discretion, specify, by permit amendment, additional provisions for mitigating damage to fish and wildlife populations, and their habitat.

(e) Notwithstanding the expiration or revocation of a permit, a permittee is responsible for the obligations arising under the terms and conditions of the permit, and under the provisions of this chapter.