Options for Tier 3 Designation Authority
OPTION 1 for Tier 3 Designation Authority
The Legislature would be the final designating authority, via a statutory revision. This option allows for two proposed paths:
- The entire nomination and designation process is specified in statute, including criteria, required nomination information, vetting procedure, public process, etc.; OR
- The statute specifies final legislative designation authority and directs DEC to develop regulations specifying the nomination process, including criteria, required nomination information, vetting procedure, public process, etc.
- What are the advantages and disadvantages to using a legislative process for designating Tier 3 waters?
- Is it more appropriate for the detailed nomination process to reside in statute or regulation?
OPTION 2 for Tier 3 Designation Authority
A board would be formed.
As recommended by the 2011-12 Antidegradation Workgroup, a board of representatives would evaluate nominations.
This option allows for at least three proposed designating authority paths:
- The Tier 3 Board would be the final designation authority.
- The Tier 3 Board would review, vet, and submit a recommendation to the Legislature which has final designation authority.
- The Tier 3 Board would review, vet, and submit a recommendation to the Governor who has final designation authority.
OPTION 3 for Tier 3 Designation Authority
DEC or the Governor is the final designating authority. DEC establishes a process in regulation that includes the nomination criteria, a nomination process, DEC’s vetting process of nominations, and a public process for evaluating DEC’s draft designation decision. A decision would be finalized either by DEC or DEC would make a recommendation to the Governor for final action.
- Does DEC have the appropriate levels of expertise to weigh ecological, economic, or recreational factors in its decisions?
- Is this option feasible, based on Department resources? How should the Department prioritize what nominations to work on if it couldn’t keep up with them as they came in?
- This may further delay evaluation of Tier 3 nomination until final regulations are promulgated and resources allocated. How should this be accounted for?
Hybrid and ALTERNATIVE Options?
As you think about what process for nominating and designating Tier 3 waters will work best for the state of Alaska over time, you might want to:
Domestic & Industrial Utilities