Alaska Resources

Land Act

Tidelands and Submerged Lands Regulations

Exploring a New Strategy for Marine Protection: An analysis of Alaska’s tidal and submerged land leasing laws, policy, and conservation potential (254k)

Maps and Data

Ecoregional Assessment for Alaska-Bristol Bay area

Ecoregional Assessment for Cook Inlet, Alaska

Ecoregional assessment for the Bering Sea

Ecoregional Assessment for Coastal Forests and Mountains (includes most of Southeast Alaska)

The Nature Conservancy's Alaska Chapter

State Agency Contact Database

Alaska Summary

The Ocean and Coast

“Alaska is the only arctic state, holds more than 50% of the nation's offshore waters, two-thirds of the nation's coastline, 40% of the nation's surface water, and over 50% of the nation's wetlands and total fish harvest.”1 Alaska is also unique among coastal states in that nearly 90% of its vast land area is owned by the federal and state governments (60% and 30%, respectively). With nearly 34,000 miles of shoreline, Alaska has millions of acres of tidelands and submerged lands. The federal government owns submerged lands within state jurisdiction in the National Petroleum Reserve and the National Arctic Wildlife Refuge.2

Conservation Leasing and Ownership

In 2006, The Nature Conservancy completed a review of the potential to lease tidelands and submerged lands in Alaska for conservation purposes (for the full report, see the resources box). The review found that the State of Alaska owns most, but not all, of its tidelands and submerged lands. While conservation leases on state-owned tidelands or submerged lands are not known to exist in Alaska, such leasing appears consistent with the relevant state statutes. In addition, the state will not sell fee-title to state-owned tidelands or submerged lands, but fee-title acquisition of existing privately owned tidelands or submerged lands may be possible. As of June 2007, however, a comprehensive assessment of spatial data depicting leasing and ownership of tide and submerged lands had not been undertaken and, as a result, the extent and location of privately owned tidelands and submerged lands is not known.

Whether organizations pursue leasing or ownership opportunities, several local, state, and federal authorizations may be required to undertake conservation activities on tidelands and submerged lands in Alaska. The information that follows provides context for and information regarding possible authorization needs.

Submerged Lands and Tidelands

In Alaska, the land area between the mean high tide and the mean low tide is referred to as tidelands while the land area between the mean low tide and the seaward extent of the state jurisdictional limit is referred to as submerged lands. The Department of Natural Resources (DNR) manages most of Alaska’s tidelands and submerged lands. As of May 2007, the DNR Division of Oil and Gas had leased 1,171,000 acres for offshore oil and gas production. The DNR Division of Mining, Land, and Water (DMLW) issues offshore mining leases and prospecting permits, aquaculture leases (see below), and shore fishery leases for salmon setnet fishing on tidelands. Alaskan statues allow the DMLW to negotiate leases with non-profit or charitable organizations for below-market value, which may serve as a starting point for conservation organizations wishing to pursue leases.

Additionally, the DMLW awards land use permits on submerged lands, for temporary uses (including scientific research) lasting 1 to 5 years. No lease or land use permit is required for an upland owner’s non-commercial dock, mooring, bank stabilization measures, or certain other activities.

Projects requiring a lease or land use permit may also require other permits.

Department of Natural Resources
Division of Mining, Land & Water
550 W. 7th Ave. Suite 1070
Anchorage, AK 99501
Tel: 907-269-8600
Fax: 907-269-8904

Coastal Zone and Shoreline Development

The Alaska Coastal Management Program (ACMP) is housed within the Department of Natural Resources’ Office of Project Planning and Permitting. ACMP provides a coordinated coastal consistency review process, as well as a primary contact person, for projects in the coastal zone requiring state, federal, or local permits. Projects must be consistent with the state program and approved policies of Alaska’s 35 coastal districts. A Coastal Project Questionnaire helps applicants determine the permits required for their project.

Alaska Department of Natural Resources
Office of Project Planning and Permitting
Alaska Coastal Management Program
302 Gold Street, Suite 202
P.O. Box 111030
Juneau, AK 99811-1030
Tel: 907-465-3562
Fax: 907-465-3075

Water Quality

The Department of Environmental Conservation, Division of Water, is the primary manager of water quality in Alaska. The Division of Water provides a permit application portal for wastewater discharges. The Commercial Passenger Vessel Environmental Compliance Program regulates discharges from cruise ships, which bring nearly 1 million visitors to Alaska’s waters each year. The Nonpoint Source Water Pollution Control Program seeks to address water quality impacts of activities such as stormwater drains, timber harvest, and wetlands fills, and develops recovery plans for impaired water bodies.

Alaska Department of Environmental Conservation
Division of Water
555 Cordova Street
Anchorage, AK 99501-2617
Tel: 907-269-7599

Fish and Wildlife

The Alaska Department of Fish and Game (DFG) is the primary manager of fisheries and wildlife resources for Alaska’s coastal zone. Any entity wishing to undertake activities that may impact fish or wildlife and their habitat may need to acquire permits from the DFG.

Alaska Department of Fish and Game
1255 West 8th Street
P.O. Box 115526
Juneau, Alaska 99811-5526
Tel: 907-465-4100

The Department of Natural Resources requires Title 41 Fish Habitat Permits for a range of activities that could impede the efficient passage of fish, including culverts, stream realignment, dams, movement of heavy equipment across ice, and placement or removal of material below ordinary high water. DNR’s Office of Habitat Management and Permitting may be contacted through any of its regional offices.

Aquaculture

In 2005, Alaska had 61 aquatic farms raising oysters, clams, and mussels. Statewide aquatic farm-gate value was $676,045, 84% of which came from oyster farming. Oyster production roughly doubled from 1996 to 2005, in both quantity and value. The sea culture of finfish is prohibited in Alaska.

Ten-year leases are awarded by the Department of Natural Resources. A minimum sales level must be attained within 5 years and maintained thereafter. Over 130 pre-approved “Over-the-Counter” (OTC) sites are available for suspended, subtidal, or intertidal farms; or an applicant may identify a separate site (which entails greater expense in surveying). Mariculture (sea farming) projects are managed jointly by the DNR, Aquatic Farming Program and the Department of Fish and Game, Division of Commercial Fisheries. These agencies offer a ten-year lease to develop a shellfish or sea plant farm that must meet production quotas.

Prior to receiving a lease, approvals are needed from the DNR Office of Program Management and Permitting (coastal program consistency finding), the Department of Fish and Game (operations permit or special area permit), and the U.S. Army Corps of Engineers. Prior to harvest and sale, a water quality certification is needed from the Department of Environmental Conservation. OTC sites already have received coastal consistency findings. A joint agency application packet is available.

Alaska Department of Natural Resources
Aquatic Farm Program - South Central Region
550 West 7th Avenue, Suite 900C
Anchorage AK 99501
Tel: 907-269-8543
Fax: 907-269-8913
Email: john_thiede@dnr.state.ak.us

Alaska Department of Fish and Game
Division of Commercial Fisheries
P.O. Box 115526
1255 W. 8th Street
Juneau, AK 99811-5526
Tel: 907-465-6150
Fax: 907-465-4168
Email: mcynthia_pring-ham@fishgame.state.ak.us

Department of Environmental Conservation
Seafood Program - Division of Environmental Health
555 Cordova Street, 5th floor
Anchorage AK 99501
Tel: 907-269-7640
Fax: 907-269-7510
Email: george_scanlan@dec.state.ak.us

Beaches

Projects affecting beaches would be subject to coastal zone permitting, as outlined above.
Beaches within state parks are managed by the Department of Natural Resources, Division of Parks and Outdoor Recreation.

Department of Natural Resources
Division of Parks and Outdoor Recreation
550 W 7th Ave, Suite 1260
Anchorage, AK 99501-3557
Tel: 907-269-8400
Fax: 907-269-8901
Email: pic@dnr.state.ak.us

The Department of Environmental Conservation is currently developing a beach water quality monitoring program.

Alaska Department of Environmental Conservation
BEACH Program
410 Willoughby Ave., Suite 303
P.O. Box 111800
Juneau, AK 99811-1800
Tel: 907-465-5185
Fax: 907-465-5274
Email: Jim_Powell@dec.state.ak.us