(a) The commissioner or a designee may issue a permit, subject to the restrictions imposed by statute or regulation under Alaska Stat. § 16.10.400 – 16.10.470, to a nonprofit corporation organized under Alaska Stat. Chapter 10.20, after the permit application has been reviewed by the regional planning team, for
Terms Used In Alaska Statutes 16.10.400
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
Statute: A law passed by a legislature.
(1) the construction and operation of a salmon hatchery;(2) the operation of a hatchery under Alaska Stat. § 16.10.480.(b) The application for a permit under this section shall be on a form prescribed by the department and be accompanied by an application fee in the amount determined under (h) of this section. The commissioner may waive the submission of an application for a permit to operate a hatchery under state hatcheries” class=”unlinked-ref” datatype=”S” sessionyear=”2023″ statecd=”AK”>Alaska Stat. § 16.10.480.(c) A hatchery permit is nontransferable. If a permit holder sells or leases a hatchery for which a permit is issued under this section, the new operator shall apply for a new permit under this section.(d)[Repealed, Sec. 19 ch 154 SLA 1977].(e) A qualified regional association formed under Alaska Stat. § 16.10.380, if it has become a nonprofit corporation under Alaska Stat. Chapter 10.20, has a preference right to a permit under (a)(1) of this section if its proposed hatchery is provided for in the comprehensive plan for that region developed under Alaska Stat. § 16.10.375 and the fresh water source exceeds one cubic foot per second minimum flow. Another local nonprofit hatchery corporation approved by a qualified regional association has an identical preference right.(f) Except for permits issued before June 16, 1976, a permit may not be issued for construction or operation of a hatchery on an anadromous fish stream unless the stream has been classified as suitable for enhancement purposes by the commissioner. The commissioner shall undertake to make such classifications in conjunction with the development of the comprehensive plan under Alaska Stat. § 16.10.375.(g) During the development of a comprehensive plan for a region a permit may not be issued for a hatchery unless the commissioner determines that the action would result in substantial public benefits and would not jeopardize natural stocks.(h) The department shall establish by regulation an application fee under this section in an amount that provides for the total amount of fees collected under (b) of this section to approximately equal the department’s actual costs of processing permit applications under this chapter. The department shall annually review the fee level to determine whether the department’s costs of processing permit applications under this chapter are approximately equal to the fees collected. If the review indicates that fees collected and these costs are not approximately equal, the department shall adjust the application fee by regulation. In January of each year, the department shall report the fee level and any revision made for the previous year under this subsection to the office of management and budget.
