5 AAC 41.030 - Permit issuance, suspension, denial, or revocation. For fish transport or aquatic resource permits issued under this chapter

(1) the commissioner will issue a permit if the commissioner determines that the proposed activity will not adversely affect the continued health and perpetuation of native, wild, or enhanced stocks of aquatic organisms, fisheries, and research, management, monitoring, or enforcement activities;

(2) the commissioner will issue a permit with terms and conditions attached if the commissioner determines that the terms and conditions are necessary to protect the continued health and perpetuation of native, wild, or enhanced stocks of aquatic organisms, fisheries, and research, management, monitoring, or enforcement activities;

(3) the commissioner will deny a permit, or an amendment to a permit, if the applicant's proposed plans, methods, or specifications are not adequate to protect the continued health and perpetuation of native, wild, or enhanced stocks of aquatic organisms, fisheries, and research, management, monitoring, or enforcement activities. Written notice of denial shall be given to the applicant, including the reasons for denial.

(4) the commissioner will approve, condition, or deny a permit not later than 45 days after a completed application as specified in 5 AAC 41.010 has been received in the appropriate office. The commissioner may extend the review period for complex or large projects.

(5) the commissioner shall revoke or suspend the permit, or particular provisions of the permit including amendments, if the commissioner finds.

(A) on the basis of new information or changed circumstances, that the permitted activity will adversely affect the continued health and perpetuation of native, wild, or enhanced stocks of aquatic organisms, fisheries, and research, management, monitoring, or enforcement activities; or

(B) the permit holder has failed to comply with permit terms or the provisions of this chapter;

(6) the commissioner may reconsider a denial, suspension, or revocation of a permit if the applicant submits in writing new or additional information that may have altered the original decision.

Notes

5 AAC 41.030

In effect before 1988; am 2/24/2011, Register 197; am 1/10/2018,Register 225, April 2018

Authority:AS 16.05.251