A Guide to the Alaska Anadromous Fish Act Requirements, Process, and Compliance

The Alaska Anadromous Fish Act plays a crucial role in protecting the state's invaluable fisheries resources by regulating activities that could harm or disturb the habitats of anadromous fish, such as salmon, trout, and char. This guide provides a comprehensive overview of the Act's applicability, key provisions, and compliance obligations, emphasizing the importance of proactive engagement with the Alaska Department of Fish and Game to navigate the permitting process and avoid potential enforcement actions. Readers will gain a clear understanding of the types of activities and entities regulated under the Act, the prohibited activities, and the standards and limitations designed to safeguard anadromous fish habitats. The guide also highlights recent regulatory developments, offers insights into the future outlook of the Act, and provides a list of additional resources to help stakeholders stay informed and effectively manage their projects in compliance with this essential environmental regulation.

GENERAL INFORMATION

Key Details of the Alaska Anadromous Fish Act

Issuing Agency: Alaska Department of Fish and Game¹

Year Established: 1959²

Last Amended: 2005³

Statutory Authority: The Alaska Anadromous Fish Act, Alaska Statute 16.05.871-901⁴

Primary Legal Reference: Alaska Statute 16.05.871-901⁴

Overview of the Alaska Anadromous Fish Act

The Alaska Anadromous Fish Act is a state regulation that operates within the broader framework of Alaska's fish and wildlife conservation laws. It is administered and enforced by the Alaska Department of Fish and Game and works in conjunction with federal regulations, such as the Magnuson-Stevens Fishery Conservation and Management Act, to protect anadromous fish species and their habitats in Alaska.⁵

The primary goal of the Alaska Anadromous Fish Act is to conserve and protect anadromous fish and their spawning, rearing, and migratory habitats. Anadromous fish, such as salmon and steelhead, are critical to Alaska's ecosystem, economy, and cultural heritage.⁶

The Act was first established in 1959 and has undergone several amendments, with the most recent significant update in 2005. It achieves its goals by requiring permits for activities that could potentially harm anadromous fish habitat, such as construction projects, water withdrawals, and mining operations.⁷

The Alaska Anadromous Fish Act applies to all anadromous fish-bearing water bodies in Alaska, which are identified and cataloged by the Alaska Department of Fish and Game in the Anadromous Waters Catalog.⁸

What does the Alaska Anadromous Fish Act protect?

The Alaska Anadromous Fish Act specifically protects anadromous fish species and their habitats in Alaska. Anadromous fish are species that migrate from the ocean to freshwater streams and rivers to spawn, such as salmon, steelhead, and some species of char and trout. The Act protects these fish from activities that could harm their spawning, rearing, and migratory habitats, such as stream diversions, dams, and pollution. By requiring permits for activities that could impact anadromous fish habitat and enforcing strict standards for permit approval, the Alaska Anadromous Fish Act helps ensure the long-term sustainability of these critical fish populations and the ecosystems they support.⁹

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Alaska Anadromous Fish Act, also known as AS 16.05.871-.901¹⁰, is a state law designed to protect anadromous fish habitats and ensure the sustainability of Alaska's valuable fisheries resources. Anadromous fish, such as salmon, trout, and char, spend portions of their life cycles in both fresh and salt water environments¹¹. This act regulates activities that could potentially harm or disturb anadromous fish habitats, including streams, rivers, and lakes.

The act applies to a wide range of industries and activities, including:

• Construction and development projects
• Mining operations
• Oil and gas exploration and extraction
• Timber harvesting and logging
• Road construction and maintenance
• Hydroelectric power generation
• Any other activities that may affect anadromous fish habitats

Under the Alaska Anadromous Fish Act, the following activities are prohibited without a permit:

1. Construction or placement of structures in anadromous fish habitats: This includes dams, culverts, bridges, and any other structures that could impede fish passage or alter water flow.

2. Diversion, obstruction, or change of natural flow of anadromous waters: Altering the natural flow of streams or rivers can disrupt fish migration patterns and damage spawning grounds.

3. Pollution or contamination of anadromous waters: Introducing pollutants, sediments, or other harmful substances into fish habitats can have detrimental effects on fish health and survival.

4. Removal of gravel or other substrate materials from anadromous fish habitats: Gravel beds and other substrates are essential for fish spawning and egg incubation. Removing these materials can destroy critical habitats.

These prohibitions are in place to minimize the impact of human activities on anadromous fish populations and ensure the long-term health and productivity of Alaska's fisheries resources.

Structure and Key Provisions

The Alaska Anadromous Fish Act is organized into several key sections that outline definitions, permitting requirements, enforcement provisions, and other important aspects of the law. Some of the most significant sections include:

Section 16.05.871 - Prohibitions¹²

This section outlines the activities that are prohibited without a permit, as described in the previous section.

Section 16.05.881 - Fishway required

This provision requires that any dam or other obstruction built across an anadromous fish stream must include a fishway to allow fish passage, unless the commissioner of the Alaska Department of Fish and Game determines it is not necessary.

Section 16.05.891 - Permit application

This section details the process for applying for a permit to engage in activities that may affect anadromous fish habitats. It outlines the information that must be included in the application and the factors the commissioner will consider when deciding whether to grant a permit.

Section 16.05.901 - Penalty for violations

This provision establishes the penalties for violating the Alaska Anadromous Fish Act, which can include fines, imprisonment, and the requirement to restore damaged habitats.

While this overview provides a general understanding of the Alaska Anadromous Fish Act's structure and key provisions, it is essential for project proponents to consult the full text of the regulation and engage with the Alaska Department of Fish and Game for project-specific guidance and permitting requirements.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Alaska Anadromous Fish Act establishes various standards and limitations to protect anadromous fish habitats, including water quality criteria, habitat protection measures, and restrictions on certain activities in designated areas.¹³ These standards are implemented through a permitting system administered by the Alaska Department of Fish and Game (ADF&G), which reviews project proposals and issues permits with specific conditions and requirements.¹⁴ Compliance with permit conditions is monitored and enforced by ADF&G through site inspections, review of monitoring reports, and other oversight activities.¹⁵

Monitoring, Reporting & Recordkeeping Obligations

Under the Alaska Anadromous Fish Act, regulated entities are typically required to conduct regular monitoring of their activities and submit periodic reports to ADF&G documenting their compliance with permit conditions and other regulatory requirements.¹⁶ This may include monitoring of water quality, habitat conditions, and other environmental parameters, as well as reporting on the implementation of mitigation measures and other permit conditions.¹⁷ Regulated entities are also required to maintain records of their activities and make them available for inspection by ADF&G upon request.¹⁸ Developers and consultants should work closely with ADF&G to understand the specific monitoring, reporting, and recordkeeping requirements that apply to their projects and ensure that they have systems in place to meet these obligations.¹⁹

Enforcement Actions & Penalties

Violations of the Alaska Anadromous Fish Act can result in a range of enforcement actions by ADF&G, including notices of violation, administrative orders, and civil and criminal penalties.²⁰ The severity of the enforcement action will depend on factors such as the nature and extent of the violation, the potential harm to anadromous fish habitats, and the regulated entity's compliance history and cooperation with ADF&G.²¹ In some cases, ADF&G may also require restoration or mitigation of damaged habitats as a condition of resolving an enforcement action.²² To avoid enforcement actions and ensure smooth project implementation, developers and consultants should prioritize proactive compliance with the Alaska Anadromous Fish Act and maintain open lines of communication with ADF&G throughout the permitting and project development process.²³

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Alaska Anadromous Fish Act has undergone several notable developments that have shaped its implementation and interpretation. One of the most significant changes occurred in 2017 when the Alaska Department of Fish and Game (ADF&G) updated the Anadromous Waters Catalog, which identifies the water bodies subject to the Act's permitting requirements. This update added over 1,000 new streams and rivers to the catalog, expanding the scope of the regulation and increasing the number of projects requiring permits.²⁴

Another important development was the 2019 Alaska Supreme Court decision in Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), which clarified the standards for determining whether a water body qualifies as anadromous under the Act.²⁵ The court held that the ADF&G must consider all available scientific evidence when making such determinations, not just the presence of documented anadromous fish populations. This ruling has the potential to further expand the reach of the Act and may lead to more water bodies being classified as anadromous in the future.

Looking ahead, there are several proposed regulatory changes and policy initiatives that could impact the implementation of the Alaska Anadromous Fish Act. For example, the ADF&G is currently considering revisions to its permitting procedures to streamline the application process and reduce processing times.²⁶ Additionally, there are ongoing efforts to improve the accuracy and comprehensiveness of the Anadromous Waters Catalog through increased surveys and data collection.

To stay informed about these and other developments, stakeholders should regularly monitor the ADF&G's website and subscribe to its email updates. Engaging with industry associations, such as the Alaska Miners Association or the Alaska Oil and Gas Association, can also provide valuable insights into the evolving regulatory landscape. By staying up-to-date on recent developments and participating in the regulatory process, stakeholders can better navigate the requirements of the Alaska Anadromous Fish Act and ensure compliance with its provisions.

Additional Resources

Alaska Anadromous Fish Act - Full Text: The complete text of the Alaska Anadromous Fish Act, including all amendments and revisions.

ADF&G Anadromous Waters Catalog: The official catalog of water bodies classified as anadromous under the Act, maintained by the Alaska Department of Fish and Game.

ADF&G Permit Application Portal: The online portal for submitting permit applications under the Alaska Anadromous Fish Act, including instructions and guidance materials.

Alaska Anadromous Fish Habitat Research Program: A research program focused on improving the scientific understanding of anadromous fish habitat in Alaska, with publications and resources relevant to the Act.

Alaska Clean Water Actions (ACWA) Program: A collaborative program that works to protect and restore Alaska's water bodies, including those classified as anadromous under the Act.