5 AAC 93.210. Application for an educational fishery permit

(a) Except as provided in (e) of this section, the commissioner will issue a nontransferable, no-cost educational fishery permit to an applicant who proposes to operate an educational fishery program that meets the standards set out in 5 AAC 93.200 and who submits a completed application that complies with (b) of this section.

(b) An applicant for an educational fishery permit shall submit an application, in writing, to the commissioner no later than 120 days before the date the applicant proposes to begin the educational fishery program. The applicant shall describe or identify

(1) the purposes of the program;

(2) a profile of the students that the program will serve;

(3) the qualifications of program instructors and administrators;

(4) a schedule of classes or training sessions;

(5) the texts, equipment, teaching aids, and other materials that will be used in the program;

(6) how students will be tested for knowledge or proficiency gained through the program;

(7) the standards for successful completion of the program;

(8) the student attendance requirements for classes or training sessions;

(9) when fishery resources will be harvested, how many of each species are needed to fulfill the educational objectives of the program, what fishery resources will be affected, and what other users currently harvest the affected fishery resources; and

(10) the area where the program will occur, including a scaled map of the area.

(c) An applicant who is unable to provide all of the information under (b)(1) - (b)(10) of this section may submit a request for a waiver. The applicant shall submit the request for a waiver, in writing, with the applicant's application for an educational fishery permit. The request for a waiver must identify the information that the applicant is unable to provide and must describe the reason or reasons why the applicant is unable to provide the information. The commissioner will, in the commissioner's discretion, grant the applicant's request for a waiver and process an application if the commissioner determines that the

(1) applicant's inability to provide the information is reasonable; or

(2) omitted information can be obtained through the department's own records.

(d) A permittee may request renewal of an educational fishery permit by submitting a request for renewal, in writing, to the commissioner. The request for renewal must be submitted no later than 120 days before the expiration of an existing educational fishery permit and must describe any corrections or modifications to the information provided on the permittee's original application submitted under (b) of this section.

(e) The commissioner will not issue or renew an educational fishery permit under this section if the commissioner determines that the

(1) educational objective of the program can be accomplished under existing fisheries statutes and regulations;

(2) sustained yield of any fishery resource would be jeopardized or the fishery resource would be significantly reallocated among existing users;

(3) applicant failed to provide the additional information requested under (f) of this section;

(4) applicant violated a condition or requirement of an educational fishery permit that was issued to the applicant under a previous application; or

(5) applicant failed to comply with the reporting requirements set out in 5 AAC 93.215.

(f) No later than 60 days after receiving an application for an educational fishery permit submitted under (b) of this section, the commissioner will respond, in writing, to the applicant and either issue or deny the permit, or request the applicant to provide additional information about the proposed educational fishery program.

(g) No later than 60 days after receiving a request for renewal submitted under (d) of this section, the commissioner will respond, in writing, to the permittee and either renew or deny renewal of the permit, or request the permittee to provide additional information about the corrections or modifications to the original application as described in the permittee's request for renewal.

History: Eff. 4/28/95, Register 134

Authority: AS 16.05.020

AS 16.05.340 (b)

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