11 AAC 63.060. Notice and opportunity to comment

(a) Notice under AS 38.05.945 that the preliminary best interest finding is available for written comment will, in the commissioner's discretion, be combined with notice of (1) the time, place, and location of a hearing, if one has been scheduled; (2) the opportunity to comment on the proposed project's consistency with the Alaska Coastal Management Program; (3) the opportunity to comment on a proposed land use plan and classification, if the land is not yet classified; and (4) the approximate date when the final best interest finding, as well as the final land use plan, if required, is expected to be issued. A person who comments on the preliminary best interest finding or proposed land use plan will be sent a copy of the final document.

(b) The commissioner will, in the commissioner's discretion, decide whether to hold a public hearing and will conduct the public hearing either in person or by teleconference. The commissioner will hold a public hearing at the written request of five or more persons who wish to testify.

(c) The department will maintain an aquatic farming mailing list of persons who ask to receive notice of application filing periods and notice of comment opportunities. The department will use the mailing list to notify recipients of opportunities for public comment and involvement such as the opening of an application filing period or the availability of a preliminary best interest finding.

(d) If the upland adjacent to an aquatic farmsite lease application is not managed by the department, the commissioner will notify the upland owner of the opportunity to comment under (a) of this section. If an aquatic farmsite lease applicant states that using upland for associated facilities is necessary for aquatic farming, and the upland owner notifies the commissioner in writing that the owner cannot or will not authorize the upland use, the commissioner will not grant the aquatic farmsite lease.

(e) Decisions made as a result of public and interagency comment will be incorporated into the final best interest finding under 11 AAC 63.050(d) and, if required, into the final land use plan.

History: Eff. 7/1/89, Register 110; am 6/14/98, Register 146

Authority: AS 38.05.020

AS 38.05.083

AS 38.05.945

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