5 AAC 95.900. Mitigation of damages

(a) Each permittee shall mitigate any adverse effect upon fish or wildlife, or their habitat, which the commissioner determines may be expected to result from, or which actually results from, the permittee's activity, or which was a direct result of the permittee's failure to

(1) comply with a permit condition or a provision of this chapter; or

(2) correct a condition or change a method foreseeably detrimental to fish or wildlife, or their habitat.

(b) Mitigation techniques must be employed in the following order of priority:

(1) avoid an impact altogether by not taking a certain action or parts of an action;

(2) minimize an impact by limiting the degree of magnitude of the action;

(3) rectify the impact by repairing, rehabilitating, or restoring the affected environment;

(4) reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action;

(5) compensate for the impact by replacing or providing substitute resources or environments.

(c) The duty to mitigate in (a) of this section does not apply to unavoidable adverse effects upon fish or wildlife populations, or their habitat, arising from an overwhelming force of nature with consequences not preventable by due and reasonable precautions.

(d) The commissioner will, in his or her discretion, specify, by permit amendment, additional provisions for mitigating damage to fish and wildlife populations, and their habitat.

(e) Notwithstanding the expiration or revocation of a permit, a permittee is responsible for the obligations arising under the terms and conditions of the permit, and under the provisions of this chapter.

History: Eff. 6/5/86, Register 98

Authority: AS 16.05.020

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