5 AAC 40.810 - Preference right
(a) A preference right under
AS
16.10.400 applies to a potential salmon
hatchery site and does not constitute an approval of a permit.
(b) As part of the pre-application assistance
described in
5
AAC 40.120, the PNP coordinator will inform the
applicant whether a qualified regional association or an approved local
nonprofit hatchery corporation has an established preference right to the
identified site.
(c) The PNP
coordinator will notify the appropriate qualified regional association of an
application for a permit for a hatchery site that has been identified in the
comprehensive salmon plan for the region.
(d) A qualified regional association shall
respond to the PNP coordinator not more than three weeks after receiving a
notification described in (b) of this section to establish a preference right
at that location.
(e) If the
qualified regional association exercises a preference right for that site, the
association may, within one year, submit an application for acceptance. If an
application is not submitted and accepted within one year, the qualified
regional association relinquishes its preference right to that
location.
(f) A local nonprofit
hatchery corporation is eligible to establish a preference right to a proposed
site if the corporation receives approval from the qualified regional
association. That preference right is identical to the one which can be
established by a qualified regional association.
(g) A local nonprofit hatchery corporation
that seeks qualified regional association approval of a proposed preference
right for a hatchery site shall notify the PNP coordinator and the qualified
regional association.
(h) all
applicants for a permit, including local nonprofit corporations, local
nonprofit hatchery corporations approved by the qualified regional
associations, shall follow the application procedures outlined in
5
AAC 40.110 -
5
AAC 40.230.
Notes
Authority: AS 16.05.020
AS 16.05.092
AS 16.10.400
AS 16.12.010
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 added as we have more versions to compare.
(a) A preference right under AS 16.10.400 applies to a potential hatchery site, and does not constitute an approval of a permit .
(b) As part of the pre-application assistance described in 5 AAC 40.120, the PNP coordinator will inform the applicant whether a qualified regional association or an approved local nonprofit hatchery corporation has an established preference right to the identified site.
(c) The PNP coordinator will notify the appropriate qualified regional association, by certified letter, of an applicant's intent to apply for a hatchery site if that site has been identified as a potential hatchery site in the comprehensive plan for the region.
(d) Within three weeks after receiving the notification, the qualified regional association may respond, by certified letter, to the PNP coordinator to establish a preference right at that location.
(e) If the qualified regional association exercises a preference right for that site, the association may, within one year, submit an application for acceptance. If an application is not submitted and accepted within one year, the qualified regional association relinquishes its preference right to that location.
(f) A local nonprofit hatchery corporation is eligible to establish a preference right to a proposed site if the corporation receives approval from the qualified regional association. That preference right is identical to the one which can be established by a qualified regional association.
(g) A local nonprofit hatchery corporation seeking regional association approval shall send a notice, by certified letter, to the PNP coordinator at the same time that a certified letter requesting approval is sent to the qualified regional association.
(h) all applicants for a permit , including local nonprofit corporations, local nonprofit hatchery corporations approved by the qualified regional associations, shall follow the application procedures outlined in 5 AAC 40.110 - 5 AAC 40.230.
Notes
Authority:AS 16.05.020
AS 16.05.092
AS 16.10.400