Fish Habitat (Title 16) Permits
Alaska Statutes 
Boat LaunchBridges and Culverts
Recreational Suction Dredge Utility Placement
Vehicle Stream Crossing Water Withdrawal Winter Vehicle Crossing
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Alaska's fisheries resource heritage is abundant. We have the fish species and habitats generally intact that were here before European settlement. No other state and few nations in the world can say the same. Our history and present and future quality of life remain tied to the wise use and development of our fish resources and habitats. The life of nearly every Alaskan is improved in some measure by Alaska’s unique fish resources – for some Alaskans, their very existence depends upon catching fish; for others, fishing is a bonus that adds to the quality of their life. Alaska's fish habitat protection statutes date back to statehood and reflect Alaskan's belief that fish species and habitats are an asset that should be protected (or in some cases compensated) from unnecessary or inadvertent disturbance or destruction from human activities in order to continue to produce social and economic benefits for generations to come. Alaska Statute 16.05.841 (Fishway Act) requires that an individual or government agency notify and obtain authorization from the Alaska Department of Fish and Game, Division of Habitat for activities within or across a stream used by fish if Habitat determines that such uses or activities could represent an impediment to the efficient passage of fish. For example, culvert installation; water withdrawals; stream realignment or diversion; dams; low-water crossings; and construction, placement, deposition, or removal of any material or structure below ordinary high water all require approval from Habitat. Alaska Statute 16.05.871 (Anadromous Fish Act) requires that an individual or government agency provide prior notification and obtain permit approval from the Habitat “to construct a hydraulic project or use, divert, obstruct, pollute, or change the natural flow or bed” of a specified waterbody (Quoted portions from AS 16.05.871 (b)). All activities within or across a specified anadromous waterbody and all instream activities affecting a specified anadromous waterbody require approval from Habitat, including construction; road crossings; gravel removal; mining; water withdrawals; the use of vehicles or equipment in the waterway; stream realignment or diversion; bank stabilization; blasting; and the placement, excavation, deposition, or removal of any material. Please refer to the list of activities which require a Fish Habitat Permit on our home page to link to additional information pages. Some common activities which require a Fish Habitat Permit are stream fords, heavy equipment operated on the ice, water withdrawal, boat launch and dock construction, and culvert placement. Some common activities which don't usually require a permit are hand mining, beaver dam removal by hand and operation of light vehicles on the ice; however, requirements for streambank or streambed disturbance need to be considered. When in doubt, please contact one of our area offices to assist with final determinations on permit requirements. Recreational boating and fishing activities do not require a permit. The location of specified anadromous waterbodies is contained in the “Catalog of Waters Important for the Spawning Rearing or Migration of Anadromous Fishes.” The Catalog is updated annually after public review. Copies of the Catalog may be viewed in person at any Habitat office, or found online. Application instructions and specific requirements for fish habitat permits may be obtained from Habitat with geographic responsibility for your project location (Area Offices). No application fee is required. Public notice and hearings are not usually required. Please be advised, however, that certain activities within waterbodies may also require additional authorizations from other state, federal, or local agencies, including the U.S. Army Corps of Engineers; U.S. Environmental Protection Agency; U.S. Forest Service Land; Alaska Department of Environmental Conservation; and the Alaska Department of Natural Resources, Division of Mining Land and Water. These agencies should be contacted directly for information on their permitting requirements. General Permits A General Permit may be issued in place of an individual permit (Fish Habitat Permit) even when the instream activity is conducted in an anadromous water. In order for Habitat to consider an activity or location for issuance of a General Permit, the activity has to be: traditional in use through time, low impact or no impact in scope, repeated by multiple members of the public in a defined area. There are several General Permits that are currently in use, including boat launches, stream crossings along popular trail systems, and area wide permits for winter vehicle crossings and activities related to culvert installation and maintenance in resident (non-anadromous) streams (FH07-Statewide-0001PDF 432KB). The "Fish Habitat and Timber Fact Sheet"(PDF 107KB) provides additional information for FH07-Statewide-0001. |
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