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(a) At least once each year, the department will hold hearings for the purpose of reviewing the classification of state water under 18 AAC 70.050 or (e) of this section. The department will consider information obtained from that process, and from other sources considered appropriate by the department, in determining whether to proceed with reclassification of state water under (b) of this section.
(b) Before changing 18 AAC 70.050 or (e) of this section to reclassify state water, the department will hold at least one public hearing and otherwise comply with 40 C.F.R. Part 131, as amended through August 15, 1997, and other applicable state and federal statutes and regulations.
(c) An interested person may petition the department to adopt or repeal a classification of state water under 18 AAC 70.050 or (e) of this section in accordance with AS 44.62.220 - 44.62.230.
(d) The following water may not be reclassified under this chapter:
(1) water in areas administered under the National Wilderness Preservation System under 16 U.S.C. 1131 - 1136;
(2) water in state and national parks, national preserves and monuments, national recreation areas, and national wildlife refuges;
(3) wild and scenic rivers established under 16 U.S.C. 1271 - 1287;
(4) marine sanctuaries established under 16 U.S.C. 1431 - 1445b;
(5) estuarine sanctuaries established under 16 U.S.C. 4151 - 1464;
(6) water in critical habitat areas established under AS 16.20.220 - 16.20.270;
(7) water in Land Use Designation (LUD) II areas established by the United States Forest Service under 16 U.S.C. 371a - 545b.
(e) Specific state water reclassified under this section is protected only for the designated use class shown, as follows:
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*Watershed numbers refer to watersheds established by the United States Department of Interior, Geological Survey "Hydrologic Unit Map - 1987 State of Alaska," adopted by reference. This document is for sale by the United States Geological Survey, Fairbanks, Alaska 99701; Denver, Colorado 80225; or Reston, Virginia 22092. This document is on file in the Lieutenant Governor's Office and may be seen at the department's Anchorage, Fairbanks, Juneau offices.
**River latitudes and longitudes are set at the downstream end of the affected river reach.
***Protected for contact recreation, wading only.
****Protected for secondary recreation, except fishing.
History: Eff. 11/1/97, Register 143
Authority: AS 46.03.020
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Last modified 7/05/2006