CSHB 328(FSH): "An Act prohibiting mixing zones in freshwater spawning waters."

00 CS FOR HOUSE BILL NO. 328(FSH) 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) Except 05 as provided in (b) of this section, the department may not authorize a mixing zone for 06 lakes, streams, rivers, or other 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) The prohibition in (a) of this section does not apply to the renewal of a 07 municipal wastewater facility's mixing zone authorization during the useful life of the 08 wastewater facility for an area where spawning was not ongoing at the time of the 09 initial authorization and the mixing zone became a spawning area after the date of the 10 initial authorization. 11 (c) In this section, 12 (1) "area" means the physical location where spawning occurs; 13 (2) "lakes, streams, rivers, or other flowing fresh water" includes lakes, 14 streams, rivers, or other flowing fresh water that have been altered by remediation or 15 construction activities; the term does not include an artificially constructed facility for 16 water, wastewater, holding, or channeling, unless the artificial facility is constructed 17 for the purpose of facilitating fish spawning; 18 (3) "mixing zone" means an area in a water body surrounding or 19 downstream of a discharge where the effluent plume is diluted by the 20 receiving water, within which water quality standards specified by the 21 department under AS 46.03.050 - 46.03.120 may be exceeded.