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5 AAC 95.750. Retention of permit; inspection of permit sites

(a) A permittee shall keep a copy of the permit, including any amendments, at the site of the permitted activity until completion of the activity, and shall make it available for inspection upon request by an authorized representative of the state.

(b) For the purpose of inspecting or monitoring compliance with any condition of the permit or the requirements of this chapter, a permittee shall give an authorized representative of the state free and unobstructed access, at safe and reasonable times, to the permit site. A permittee shall furnish whatever assistance and information as the authorized representative reasonably requires for monitoring and inspection purposes.

History: Eff. 6/5/86, Register 98; am 8/15/2008, Register 187

Authority: AS 16.05.020

AS 16.05.050

AS 16.05.251

AS 16.05.255

AS 16.20.060

AS 16.20.094

AS 16.20.096

AS 16.20.162

AS 16.20.530

5 AAC 95.760. Renewal of permit

(a) A permittee may request renewal of an existing permit before the expiration of the current term of the permit. Procedures in this chapter apply to renewal, except that the filing of a new application under 5 AAC 95.700 is not required.

(b) If an existing permit expires or is revoked, a permittee may obtain a new permit only by filing a new completed application in accordance with 5 AAC 95.700.

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

Authority: AS 16.05.020

AS 16.05.050

AS 16.05.251

AS 16.05.255

AS 16.20.060

AS 16.20.094

AS 16.20.096

AS 16.20.162

AS 16.20.530

5 AAC 95.770. General permits

Notwithstanding the provisions of 5 AAC 95.700 and 5 AAC 95.750 - 5 AAC 95.760, the commissioner may issue a permit to the public at large for a specific activity in a specific area.

History: Eff. 6/5/86, Register 98; am 8/15/2008, Register 187

Authority: AS 16.05.020

AS 16.05.050

AS 16.05.251

AS 16.05.255

AS 16.20.050

AS 16.20.060

AS 16.20.094

AS 16.20.096

AS 16.20.162

AS 16.20.520

AS 16.20.530

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Article 8
General Provisions

Section

900. Mitigation of damages.

902. Liability for violations.

910. Failure to adhere to standards.

920. Appeals.

930. Exclusion periods.

940. Exemption for emergency and police power activities.

950. Bonding or security.

990. Definitions.

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

AS 16.05.050

AS 16.05.251

AS 16.05.255

AS 16.20.060

AS 16.20.094

AS 16.20.096

AS 16.20.162

AS 16.20.530

5 AAC 95.902. Liability for violations

A person who violates a provision of this chapter is strictly liable for the offense, regardless of that person's intent.

History: Eff. 8/15/2008, Register 187

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