Title 18 . Environmental Conservation

Chapter 34 . Administrative Enforcement

Section 900. Permit, certification, waiver, and compliance fees

18 AAC 34.900. Permit, certification, waiver, and compliance fees

(a) Subject to (b) of this section, at the time of application for a new permit under this chapter, or within 30 days after receiving notice that a permit renewal fee is due under this section, the applicant shall pay to the department an annual permit fee as follows:

(1) for a shellfish harvester: $162;

(2) for a shellfish shipper: $162;

(3) for a shellfish re-packer: $325;

(4) for a shellfish shucker-packer: $649;

(5) for a direct-market fishing vessel: $325;

(6) for a processing vessel: $2,094;

(7) for a land-based processing operation that processes less than 5,000 pounds per day: $795;

(8) for a land-based processing operation that processes 5,000 or more pounds per day: $2,094;

(9) for a thermal processing operation that processes less than 5,000 pounds per day: $1,120;

(10) for a thermal processing operation that processes 5,000 or more pounds per day: $2,094.

(b) An operation consisting of two or more of the operations listed in (a) of this section is subject only to the highest applicable fee rather than a separate fee for each operation.

(c) A person applying for approval or reapproval of a shellfish growing area under this chapter shall pay the following fees to the department for a shellfish growing area approval or reapproval:

(1) for an initial approval: $500; if two or more contiguous shellfish growing area sites can be approved at the same time, the department will pro-rate the fee among the growers proposing to use those sites;

(2) for reapproval: $150 for each day the department conducts activities related to its decision to reapprove, including field work and sampling; if two or more contiguous shellfish growing area sites can be reapproved at the same time, the department will pro-rate the fee among the growers proposing to use those sites.

(d) An application fee for the recognition program at 18 AAC 34.960 is $70.

(e) In addition to the annual permit fee required under (a) of this section, the department will charge a fee based on the hourly rates set out in Table 2 of this section, except for the fees described in (3)(E) and (F) of this subsection, as follows:

(1) for reinspection time necessary to verify that the following violations have been corrected:

(A) critical violations;

(B) numerous violations indicated by a low inspection score;

(2) to verify the adequacy of product reconditioning;

(3) if a processor requests the department to

(A) conduct an inspection of a mobile processing facility or a direct-market fishing vessel at a location that is not designated in 18 AAC 34.930(i) ;

(B) conduct an activity outside of normal department working hours;

(C) conduct an activity that is not specifically required for a permit or approval under this chapter, such as an onsite facility construction review;

(D) provide a product certification;

(E) provide a state certificate of origin; the department will assess a fee of $25 for each certificate requested; or

(F) grant a waiver under 18 AAC 34.915; the department will assess a fee of $150 to review an application for a waiver.

(f) Payment for an inspection conducted under (e)(1), (2), or (3)(A) - (D) of this section is due within 30 days after receiving an invoice from the department. If a processor requests an inspection or activity under (e)(1), (2), or (3)(A) - (D) of this section, the department will estimate the fee based on the hourly rates in Table 2 of this section. The department will conduct an activity under (e)(2) or (3)(A) - (D) of this section after the processor pays the estimated costs as an advance payment to the department, if staff is available, and if there is no cost to the state for travel. If the advance payment exceeds the department's actual cost, the department will refund the excess after the inspection. If the actual cost exceeds the advance payment, the processor shall pay the additional amount due within 30 days after receiving an invoice from the department. For purposes of this subsection, "travel" means transportation, lodging, and meal expenses incurred by the department for activities within the state, but does not include reasonable transportation or lodging provided by a processor to conduct an activity under (e)(2) or (3)(A) - (D) of this section at the processor's request.

Table 2 - Hourly Rates

Table 2 Hourly Rates Southeast and Southcentral Alleutian Alaska (An- Remainder of Chain, Bristol chorage, Alaska, Time of Bay, Juneau, Kenai, Including Inspection Dillingham Ketchikan) Kodiak, Western Alaska, and Nothern Alaska Regular time $ 86.00 $ 68.00 $ 80.00 Overtime $128.49 $102.16 $120.26 Sundays, Holidays $171.32 $136.21 $160.34

(g) If the applicant for a permit or an approval under this chapter withdraws the application before the permit or approval is issued, or if the department denies the application, the department will return any unused balance of the fees paid to the applicant. The department will compute that portion of the fee used to review and process the application before the application was withdrawn or denied. The computation will be based on a charge of $71 per hour for staff time, plus any costs incurred by the department, not including travel costs. A copy of the computation will be provided to the applicant. Once a permit has been issued, any fees paid are nonrefundable.

(h) Except for good cause beyond the control of the applicant, the department will assess a late fee of five percent of the applicable fee if payment is more than 30 days past due. In addition, a payment that is more than 60 days past due accrues interest monthly at the rate prescribed in AS 45.45.010 .

History: Eff. 12/18/97, Register 144; am 12/2/99, Register 152; am 6/28/2001, Register 158; am 12/23/2005, Register 176

Authority: AS 17.20.005

AS 17.20.065

AS 17.20.070

AS 17.20.072

AS 17.20.180

AS 44.46.020

AS 44.46.025