Fish & Wildlife Habitat
Fish & Wildlife Habitat
Fish Habitat Requirements
The Fishway Act (AS 16.05.841), requires that an individual or governmental agency notify and obtain authorization
from DFG, Division of Habitat, for activities within or across a stream used by fish if DFG determines that such
uses or activities could represent an impediment to the efficient passage of fish.
The Anadromous Fish Act (AS 16.05.871) requires that an individual or governmental agency provide prior
and obtain approval from DFG Division of Habitat "to construct a hydraulic project or use, divert, obstruct,
pollute, or change the natural flow or bed" of an anadromous water body or "to use wheeled, tracked, or excavating
equipment or log-dragging equipment in the bed" of an anadromous water body. All activities within or across an
anadromous water body and all instream activities affecting a specified anadromous water body require approval
from DFG, Division of Habitat. A list of common activities requiring permits is available at:
http://www.adfg.alaska.gov/index.cfm?adfg=uselicense.main
Activities include, but are not limited to stream diversion; streambank or streambed disturbance
(boat launches or dock construction for example); gravel removal; stream crossings; bridge or culvert
construction and maintenance; streambank restoration/protection and erosion control; stream fluming;
ice bridge/road construction; placer mining activities; recreational suction dredging; and use of
explosives near stream corridors.
If you conduct any activity below the ordinary high water of an anadromous water body or impede the efficient
passage of fish without notifying and receiving the prior written approval from DFG, you may be violating State
law and this may lead to the charge of a misdemeanor. Contact DFG, Division of Habitat, for more information on
obtaining permits.
Wildlife
There is always the possibility of encountering bears and other wildlife when in remote or even urban locations in Alaska. DFG's website (listed below) makes the following suggestions:
- Avoid surprising bears at close distance; look for signs of bears and make plenty of noise.
- Avoid crowding bears; respect their "personal space."
- Avoid attracting bears through improper handling of food or garbage.
- Plan ahead, stay calm, identify yourself, and don't run.
http://www.adfg.alaska.gov/index.cfm?adfg=livingwithbears.main http://www.adfg.alaska.gov/index.cfm?adfg=livewith.moose
Hunting Seasons and Taking Game in Defense of Life or Property
Inspection and recreation periods may overlap with certain hunting seasons. Check with the State of Alaska,
Department of Fish and Game (DFG) to find out the hunting season dates for specific areas. More information is
available at:
http://adfg.alaska.gov
DFG regulations allow taking game in defense of life or property only when all other practical means to protect
life and property have been exhausted and the necessity for taking the animal is not brought about by harassment
or provocation of the animal, by unreasonable invasion of the animal's habitat, or by the improper disposal of
garbage or a similar attractive nuisance.
5 AAC 92.410 Taking Game in Defense of Life or Property
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(a) Nothing in 5 AAC prohibits a person from taking game in defense of life or property if
- (1) the necessity for the taking is not brought about by harassment or provocation of the animal, or by an unreasonable invasion of the animal's habitat;
- (2) the necessity for the taking is not brought about by the improper disposal of garbage or a similar attractive nuisance; and
- (3) all other practicable means to protect life and property are exhausted before the game is taken.
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(b) Game taken in defense of life or property is the property of the State. A person taking game under this subsection shall immediately
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(1) salvage and surrender to DFG the
- (A) hide and skull of a bear, completely removed from the carcass, and including all attached claws;
- (B) hide and skull of fur animals or furbearers;
- (C) meat and antlers or horns of ungulates;
- (D) meat of all other game not specified in (A) - (C) of this paragraph;
- (2) notify DFG of the taking; and
- (3) submit to DFG a completed questionnaire concerning the circumstances of taking of the game within 15 days after taking the game.
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(1) salvage and surrender to DFG the
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(c) As used in this section, "property" means
- (1) a dwelling, permanent or temporary;
- (2) an aircraft, boat, automobile, or other conveyance;
- (3) a domesticated animal;
- (4) other property of substantial value necessary for the livelihood or survival of the owner.
Eagle Nesting Sites and Seasons of Restricted Activity Nearby
Federal law prohibits any disturbance of bald eagles or their nests, and the U.S. Fish and Wildlife Service (USFWS) enforces this law. The USFWS generally recommends no clearing of vegetation within 330 feet of any nest. Additionally, no construction or other potentially disturbing activity should occur within 660 feet of any nest between March 1 and June 1. Further, between June 1 and August 31, no construction activity should occur within 660 feet of active eagle nests until after juvenile birds have fledged. Nest trees should not be disturbed at all. Consult with USFWS on the siting of structures and roads or cutting mature trees within 330 feet of a nest tree.
Migratory Birds
The Federal Migratory Bird Treaty Act prohibits the disturbance or destruction of nest areas during nesting season. Nearly all bird species in Alaska are migratory and subject to protection under the Act. Compliance with the Act would preclude road construction activities during nesting season. Additional information is available from the USFWS at: http://www.fws.gov/pacific/migratorybirds/