Alaska Administrative Code

(a) There is established the Nerka Corporation Special Harvest Area, consisting of all waters of South Bay, Perry Island, enclosed by a line from Meares Point Light on the west side of the bay easterly two nautical miles to an exposed reef and the north one-half mile to the east …

Notes 5 AAC 40.038 Eff. 4/16/83, Register 86; repealed 5/22/94, Register 130 As of Register 130, July 1994, the substance of former 5 AAC 40.038 is contained in 5 AAC 24.366. State regulations are updated quarterly; we currently have two versions available. Below is a comparison …

(a) There is established the Burnett Inlet Special Harvest Area, for the Southern Southeast Regional Aquaculture Association Burnett Inlet Hatchery, consisting of all waters of Burnett Inlet, Etolin Island, north of 56° 06' N. lat. and south of 56° 10.83' N. lat. (b) A hatchery p…

(a) There is established a Herring Bay Special Harvest Area for the Southern Southeast Regional Aquaculture Association Whitman Lake Hatchery, consisting of the waters of Herring Creek and Cove bound by the hatchery water outlet and a line from a point of land on George Inlet at …

(a) The following special harvest areas are established for the Northern Southeast Regional Aquaculture Association: (1) repealed 4/23/94; (2) repealed 5/31/2009; (3) Patterson Bay, for coho salmon: all waters of Patterson Bay north of 56º 34' N. lat.; fishing periods for the hat…

(a) There is established a Neets Bay Special Harvest Area for the Southern Southeast Regional Aquaculture Association harvest of coho and chum returns to the Neets Bay release site, consisting of all waters of Neets Bay east of the longitude of the easternmost tip of Bug Island. …

Notes 5 AAC 40.044 Eff. 4/14/82, Register 82; repealed 5/31/2009, Register 190 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will b…

(a) There is established a Nakat Inlet Special Harvest Area for the Southern Southeast Regional Aquaculture Association harvest of chum and coho salmon returns to the Nakat Inlet release site, consisting of all waters of Nakat Inlet north of Surprise Point at 54º 49.10' N. lat., …

Notes 5 AAC 40.046 In effect 7/19/90 - 11/15/90, by em adop., Register 115 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be ad…

(a) There is established a Carroll Inlet Special Harvest Area for the Southern Southeast Regional Aquaculture Association harvest of chinook salmon returns to the Carroll Inlet release site, consisting of the waters of Carroll Inlet north of the latitude of Nigelius Point at 55º …

(a) The Klawock Inlet and River Special Harvest Area consists of the waters of Klawock Inlet and Harbor south of the latitude of Cemetery Point and north of 55º 32' N. lat., and any of the hatchery raceways and holding ponds contiguous with the hatchery access ladder from Klawock…

(a) There is established the Port Asumcion Special Harvest Area for the Southern Southeast Regional Aquaculture Association harvest of enhanced salmon returns to the Port Asumcion release site, consisting of those waters of Port Asumcion north and west of a line from Point Cosina…

(a) There is established the Port Saint Nicholas Special Harvest Area, consisting of all waters of Port Saint Nicholas east of the longitude of Point Miraballes at 133° 05.23' W. long., and west of 132° 59.50' W. long., located at the mouth of the Port Saint Nicholas head stream.…

(a) There is established a Neck Lake Special Harvest Area for the Southern Southeast Regional Aquaculture Association harvest of hatchery salmon returns to the Neck Lake remote release site, consisting of the waters of Whale Pass north and west of a line from 56° 05.55' N. lat., …

(a) There is established the Anita Bay Special Harvest Area, consisting of the waters of Anita Bay south and west of a line from the tip of Anita Point to 56º 14.26' N. lat., 132º 23.92' W. long. (b) A hatchery permit holder harvesting salmon within the special harvest area is ex…

(a) The Gunnuk Creek Special Harvest Area consists of the waters of Keku Strait enclosed by a line from a point about one-third mile northwest of Kake at 56º 58.95' N. lat., 133º 57.42' W. long. to the southernmost tip of the southern Mosquito Island to the northwest tip of Hamil…

(a) The Southeast Cove Special Harvest Area consists of the waters of Keku Strait enclosed by a line from a rocky point on the northern end of Kuiu Island located on the east side of Southeast Cove at 56º 52.95' N. lat., 134º 01.33' W. long. to the northwest corner of Hound Islan…

(a) The Port Armstrong Special Harvest Area for king salmon consists of the waters of Port Armstrong west of 134º 39.47' W. long., and will be open to harvest by the hatchery permit holder from 12:01 a.m. April 15 until 11:59 p.m. July 31. (b) The Port Armstrong Special Harvest A…

(a) The following special harvest areas are established for the Kodiak Regional Aquaculture Association (KRAA): (1) Kitoi Bay Special Harvest Area: all waters of Kitoi Bay west of a line from 58º 10.58' N. lat., 152º 17.36' W. long. to 58º 09.50' N. lat., 152º 18.70' W. long.; (2…

The provisions of 5 AAC 40.110 - 5 AAC 40.990 govern the hatchery permit application process for private nonprofit hatcheries and establish guidelines and procedures regarding the operation of permitted hatcheries. Notes 5 AAC 40.100 Eff. 3/31/85, Register 93; am 6/11/2025, Regis…

The commissioner will review and take action on each application for a private nonprofit hatchery. Notes 5 AAC 40.110 Eff. 3/31/85, Register 93; am 6/11/2025, Register 254, July 2025 Authority: AS 16.05.020 AS 16.05.092 AS 16.10.400 AS 16.12.100 AS 16.12.010 State regulations are…

When preparing an application for a hatchery permit or conducting a related activity, an applicant may request the department's assistance. The PNP coordinator will provide assistance to the extent practicable. Notes 5 AAC 40.120 Eff. 3/31/85, Register 93; am 6/11/2025, Register …

(a) An applicant may submit a request to the PNP coordinator for the department to prepare a management feasibility analysis for a proposed hatchery site. The department must complete and provide the analysis to the applicant before the applicant may submit an application for a h…

An application for a hatchery permit must be submitted to the PNP coordinator. The PNP coordinator will provide an application upon request. The applicant shall provide, in the hatchery permit application, detailed statements of operational goals, objectives, and plans. The appli…

An application for a hatchery permit must include a (1) $0 application fee for a salmon hatchery' permit, as required under AS 16.10.400; or (2) $0 application fee for a shellfish hatchery permit, as required under AS 16.12.010. Notes 5 AAC 40.150 Eff. 3/31/85, Register 93; am 6/…

(a) The PNP coordinator shall review a submitted application for completeness and determine whether it includes the completed management feasibility analysis described in 5 AAC 40.130. If the PNP coordinator determines that the application is not complete or does not contain a co…

(a) The appropriate regional planning team, as established under 5 AAC 40.300, shall review each application to determine if the proposed hatchery is compatible with the appropriate regional comprehensive salmon plan. The regional planning team shall use the following application…

(a) If, after an application for a hatchery permit has been accepted by the PNP coordinator, the PNP coordinator determines that more information is necessary in order for the department to evaluate the biological, management, and economic feasibility of the proposed hatchery, th…

(a) The hatchery permit application process includes the development, finalization, and approval of a basic management plan. A basic management plan describes how the proposed hatchery and facility will be developed for the first five years and is drafted by the applicant, depart…

(a) Except as provided in 5 AAC 40.180, the application review process for a hatchery permit is set out in (b) of this section. (b) An applicant shall submit an application for a salmon hatchery or shellfish hatchery permit to the PNP coordinator. Once an application has been rec…

Notes 5 AAC 40.200 Eff. 3/31/85 Register 93; repealed 11/25/2011, Register 200 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will b…

(a) The department shall conduct a public hearing for a completed hatchery permit application. The commissioner shall notice the public hearing after acceptance of the hatchery permit application, not less than 25 days before the date of the public hearing. At the commissioner's …

(a) The commissioner shall review the following information, compiled by the PNP coordinator, before issuing a decision on whether to approve or deny an application for a salmon hatchery permit: (1) recommendations from the regional planning team; (2) recommendations resulting fr…

(a) The commissioner shall review the following information compiled by the PNP coordinator before issuing a decision on whether to approve or deny an application for a shellfish hatchery permit: (1) recommendations resulting from the department's review of the application; and (…

An application for a hatchery permit which has been denied by the commissioner may be reconsidered if the applicant provides new or additional information that the commissioner determines may have altered the original decision. Reconsideration by the commissioner under this secti…

A hatchery permit is not transferable. A person who wishes to obtain a permit to operate a hatchery at a location that is already permitted shall submit an application subject to the application review process set out in 5 AAC 40.110 - 5 AAC 40.230. If the assets or control of a …

(a) The commissioner will revoke a hatchery permit if the commissioner determines that at the end of five years from the date the permit was issued, the permit holder has not undertaken substantial ongoing work to construct and operate a hatchery facility in compliance with the t…

(a) A hatchery permit holder may request alteration of an existing hatchery permit. The permit holder shall submit the permit alteration request to the PNP coordinator on a form provided by the department. (b) A hatchery permit holder's submission of a request for permit alterati…

The commissioner will establish regions and regional planning teams for the primary purpose of developing comprehensive salmon plans for various regions of the state. The provisions of 5 AAC 40.300 - 5 AAC 40.370 govern the structure and functions of each regional planning team a…

(a) Each regional planning team consists of six members. Three are department personnel appointed by the commissioner, and three are appointed by the board of directors of the appropriate regional aquaculture association, qualified under AS 16.10.380. (b) The commissioner will, i…

(a) Each regional planning team shall elect a chairman to serve at the pleasure of the team. (b) The chairman or his delegate shall (1) conduct regional planning team meetings, including recording of proceedings, and employing agreed-upon rules of order; (2) set the agenda and me…

A regional planning team may not transact business without a simple majority of four members. Voting procedures may be established at the discretion of the membership. Notes 5 AAC 40.330 Eff. 3/31/85, Register 93 Authority:AS 16.05.020 AS 16.05.092 AS 16.10.375 State regulations …

Each regional planning team shall prepare a regional comprehensive salmon plan, for the appropriate region, to rehabilitate natural stocks and supplement natural production, with provisions for both public and private nonprofit hatcheries. Each region planning team shall consider…

In accordance with the Southeastern Alaska Area Enhanced Salmon Allocation Management Plan in 5 AAC 33.364, the joint Northern and Southern Southeast Regional Planning Team shall make annual recommendations to the commissioner on production changes to salmon enhancement projects …

The chair of the regional planning team, or the chair's designee, shall give two weeks' notice, on the Alaska Online Public Notice System (AS 44.62.175), of a planning team meeting. Additionally, the chair may use alternative methods to provide notice to the public that are speci…

Each regional planning team shall encourage public participation during all stages of the development and review of regional comprehensive salmon plans. Notes 5 AAC 40.360 Eff. 3/31/85, Register 93 Authority:AS 16.05.020 AS 16.05.092 AS 16.10.375 State regulations are updated qua…

(a) A draft regional comprehensive salmon plan must be submitted to the PNP coordinator for department review and comment. (b) The draft regional comprehensive salmon plan must be distributed for public review. (c) The regional planning team shall respond to comments received as …