11 AAC 195.010. Waters important to anadromous fish

(a) An Atlas to the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes , and the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes , as revised as of January 2006, are adopted by reference. The six volume atlas is a compilation of topographic maps upon which are specified, as provided in AS 41.14.870(a), the various rivers, lakes, or streams, or parts of them, that are important for the spawning, rearing, or migration of anadromous fish. The catalog is a listing of those water bodies. It sets out legal descriptions for the mouth and the known upper range of the fish of each stream, river, or lake designated on the maps in the atlas. The atlas and the catalog identify the water bodies for which a person or agency must first notify the deputy commissioner of natural resources, as required by AS 41.14.870 (b), before undertaking to construct a hydraulic project, or to 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.

(b) Permit application procedures, catalog and atlas updating procedures, definitions of terms, and other information or requirements to implement, interpret, or make specific the provisions of AS 41.14.870 , included in the introduction attached to the catalog and the atlas described in (a) of this section, are also adopted by reference. The introduction also includes a user's guide to the atlas and catalog, and limitations of the information in the atlas or the catalog.

History: Eff. 3/1/75, Register 53; am 7/31/82, Register 83; am 10/14/83, Register 88; am 7/27/84, Register 91; am 5/19/85, Register 94; am 5/8/86, Register 98; am 5/1/87, Register 102; am 5/8/88, Register 106; am 6/7/89, Register 110; am 9/29/90, Register 115; am 4/1/92, Register 121; am 8/30/92, Register 123; am 10/20/93, Register 128; am 4/28/95, Register 134; am 6/22/97, Register 142; am 2/6/99, Register 149; am 1/15/2005, Register 172; am 3/1/2006, Register 177

Authority: AS 41.14.870

AS 44.37.060

Editor's note: Copies of the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes for a specified region may be obtained by writing to the Office of Habitat Management and Permitting, Department of Natural Resources, Anchorage Regional Office, 550 West 7th Avenue, Anchorage, AK 99501-3566, or the Department of Fish and Game, Division of Sport Fish, 333 Raspberry Road, Anchorage, AK 99518-1599. Electronic copies may also be viewed through the Department of Fish and Game's website at http://www.sf.adfg.state.ak.us/SARR/Fish Distrib/FDD catalogs.cfm

Copies of the entire Atlas of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes are available for examination at the Department of Natural Resources, Office of Habitat Management and Permitting (OHMP) area offices in Juneau, Anchorage, and Fairbanks and the Department of Fish and Game (ADF&G), Sportfish Division offices in Anchorage and Juneau. Copies are also available for viewing at the Alaska State Library in Juneau and the ARLIS library in Anchorage.

Copies of regional volumes of the atlas for the region of the state where they are located are available for examination at the OHMP offices in Craig, Palmer, Petersburg, and Soldotna, and at ADF&G offices in Anchorage, Bethel, Cold Bay, Cordova, Craig, Delta Junction, Dillingham, Douglas, Dutch Harbor, Fairbanks, Glennallen, Haines, Homer, Juneau, Ketchikan, King Salmon, Kodiak, Nome, Palmer, Petersburg, Sand Point, Sitka, Soldotna, Tok, Wrangell, and Yakutat. An electronic equivalent may also be viewed through the ADF&G website at http://www.sf.adfg.state.ak.us/SARR/Fish Distrib/FDD ims.cfm

As of Register 166 (July 2003), and acting under AS 44.62.125(b)(6), the regulations attorney relocated former 5 AAC 95.010 to 11 AAC 195.010, and made conforming technical changes, to reflect Executive Order 107 (2003). Executive Order 107 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Fish and Game to the Department of Natural Resources. The history note for 11 AAC 195.010 carries forward the history from former 5 AAC 95.010.

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