MEMORANDUM

TO: Ron Long, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Milli Martin, Assembly Member

DATE: November 23, 2005

SUBJECT: Resolution 2005-106, Opposing the Alaska Department of Environmental Conservation's proposal to allow increased mixing zones in spawning areas and proposing an alternative

The Alaska Department of Environmental Conservation is proposing to issue new regulations that would, among other things, allow some mixing zones in fish spawning habitat where existing rules prohibit mixing zones. Mixing zones are areas where treated waste water mixes with a water body. Such mixing zones would only be allowed in certain legislatively designated areas if criteria listed in proposed 18 AAC 70.240 (f), a copy of which is attached, are met. The assembly considered and adopted resolution 2004-087 on October 12, 2004, regarding this same issue. As you may recall, that resolution included a provision encouraging the state to allow certain existing permits to be grandfathered in, as does this resolution. In these cases, salmon did not spawn in the authorized mixing zones when mixing zone permits were first issued. However, salmon have been known to develop spawning beds in such areas after the infrastructure has been developed and the areas have been used for mixing treated waste water with a water body. Concerns remain that prohibiting the renewal of such mixing zone permits could harm the newly developed spawning areas. This resolution encourages the state to continue prohibiting the issuance of mixing zone permits in areas of anadromous fish spawning, except where the fish have developed spawning beds since the issuance of the original permit. Your support of this resolution would be appreciated.