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Title 5 . Fish and Game
Chapter 40 . Transportation, Possession and Release of Live Fish; Aquatic Farming
Section 810. Preference right

5 AAC 40.810. Preference right

(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.

History: Eff. 3/31/85, Register 93

Authority: AS 16.05.020

AS 16.05.092

AS 16.10.400


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Last modified 7/05/2006