- Alaska Statutes.
- Title 41. Public Resources
- Chapter 14. Rivers, Lakes, and Streams
- Section 870. Protection of Fish and Game.
previous: Section 860
. Penalty For Violating Fishway and Hatchery Requirements.
next: Section 880
. Construction Without Approval Prohibited.
AS 41.14.870. Protection of Fish and Game.
- (a) The deputy commissioner shall, in accordance with AS 44.62
(Administrative Procedure Act), specify the various rivers, lakes, and streams or parts of them that are important for
the spawning, rearing, or migration of anadromous fish.
- (b) If a person or governmental agency desires to construct a hydraulic project, or use, divert, obstruct, pollute, or
change the natural flow or bed of a specified river, lake, or stream, or to use wheeled, tracked, or excavating
equipment or log-dragging equipment in the bed of a specified river, lake, or stream, the person or governmental agency
shall notify the deputy commissioner of this intention before the beginning of the construction or use.
- (c) The deputy commissioner shall acknowledge receiving the notice by return first class mail. If the deputy commissioner
determines that the following information is required, the letter of acknowledgement shall require the person or
governmental agency to submit to the deputy commissioner:
- (1) full plans and specifications of the proposed construction or work;
- (2) complete plans and specifications for the proper protection of fish and game in connection with the construction or
work, or in connection with the use; and
- (3) the approximate date the construction, work, or use will begin.
- (d) The deputy commissioner shall approve the proposed construction, work, or use in writing unless the deputy
commissioner finds the plans and specifications insufficient for the proper protection of fish and game. Upon a finding
that the plans and specifications are insufficient for the proper protection of fish and game, the deputy commissioner
shall notify the person or governmental agency that submitted the plans and specifications of that finding by first
class mail. The person or governmental agency may, within 90 days of receiving the notice, initiate a hearing under AS
. The hearing is subject to AS 44.62.330 - 44.62.630.
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