"An Act prohibiting mixing zones in freshwater spawning waters. "

Section 1 (a) Prohibits the Alaska Department of Environmental Conservation from authorizing a mixing zone in an area of a lake, stream, river or other flowing fresh water body where anadramous or resident fish are spawning or have existing redds or nests. With the exception of "lake" this language is taken directly from the current regulations at 18 AAC 70.255(h). The 2005 ADEC mixing zone proposed regulation includes lakes along with streams, rivers and other flowing fresh waters. HB 328 includes lakes, mirroring this proposed regulatory language.

Section 1 (b) Clarifies that the prohibition on mixing zones in freshwater spawning areas does not apply to a mixing zone for a municipal wastewater discharge if spawning was not ongoing in the mixing zone at the time the mixing zone was initially authorized, but the mixing zone was subsequently invaded by spawning fish.

Section 1 (c) (1) Defines "area" as the physical location where spawning occurs.

Section 1 (c) (2) Clarifies that the prohibition applies to spawning areas of naturally occurring lakes, streams, rivers, or other flowing fresh water even if these waters have been modified or altered by construction or remediation. It further clarifies that the prohibition on mixing zones in spawning areas does not apply when spawning occurs in the water of an entirely man-made holding pond or channel. However, if these holding ponds and channels have been created for the purpose of facilitating fish spawning, mixing zones are prohibited in them.

Section 1 (c) (3) Defines "mixing zone".

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