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SB 225: "An Act prohibiting mixing zones in freshwater spawning waters."

00                             SENATE BILL NO. 225                                                                         
01 "An Act prohibiting mixing zones in freshwater spawning waters."                                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 46.03 is amended by adding a new section to read:                                                 
04            Sec. 46.03.065. Prohibition of mixing zones in spawning waters. (a) The                                    
05       department may not authorize a mixing zone for lakes, streams, rivers, or other                                   
06       flowing fresh water in an area of                                                                                 
07                 (1)  anadromous fish spawning; or                                                                       
08                 (2)  resident fish redds for                                                                            
09                      (A)  Arctic char;                                                                                  
10                      (B)  Arctic grayling;                                                                              
11                      (C)  brook trout;                                                                                  
12                      (D)  burbot;                                                                                       
13                      (E)  cutthroat trout;                                                                              
14                      (F)  Dolly Varden;                                                                                 
15                      (G)  lake trout;                                                                                   
01                      (H)  landlocked coho, king, and sockeye salmon;                                                    
02                      (I)  northern pike;                                                                                
03                      (J)  rainbow trout;                                                                                
04                      (K)  sheefish; or                                                                                  
05                      (L)  whitefish.                                                                                    
06            (b)  In this section,                                                                                        
07                 (1)  "lakes, streams, rivers, or other flowing fresh water" includes lakes,                             
08       streams, rivers, or other flowing fresh water that have been altered by remediation or                            
09       construction activities; the term does not include an artificially constructed facility for                       
10       water, wastewater, holding, or channeling, unless the artificial facility is constructed                          
11       for the purpose of facilitating fish spawning.                                                                    
12                 (2)  "mixing zone" means an area in a water body surrounding or                                         
13       downstream of a discharge where the effluent plume is diluted by the                                              
14       receiving water, within which water quality standards specified by the                                            
15       department under AS 46.03.050 - 46.03.120 may be exceeded.