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HomeMy WebLinkAboutKachemak Bay & Fox River Flats Critical Habitat Areas Management Plan 1993KACHEMAK BAY AND FOX RIVER FLATS CRITICAL HABITAT AREAS MANAGEMENT PLAN KE OF AG Sy vA) Prepared by: 3 & Alaska Department of Fish and Game eA a) December 1993 KACHEMAK BAY AND FOX RIVER FLATS CRITICAL HABITAT AREAS MANAGEMENT PLAN DECEMBER 1993 Prepared by the Divisions of Habitat and Restoration and Wildlife Conservation Alaska Department of Fish and Game 333 Raspberry Road Anchorage, AK 99518-1599 Carl L. Rosier, Commissioner The Alaska Department of Fish and Game operates all of its public programs and activities free from discrimination on the basis of race, religion, color, national origin, age, sex, or handicap. Because the department receives federal funding, any person who believes he or she has been discriminated against should write to: OEO, U.S. Department of the Interior, Washington D.c. 20240. The Alaska Department of Fish and Game has published this document in accordance with AS 44.62 to assist in the management of Kachemak Bay and Fox River Flats Critical Habitat Areas at a cost of $13.05 per copy. This document was printed in Anchorage, Alaska. ACKNOWLEDGEMENTS The Kachemak Bay and Fox River Flats Critical Habitat Areas Management Plan has been prepared by the Alaska Department of Fish and Game (ADF&G) biologists Debra Clausen (Habitat and Restoration © Division) and Rick Sinnott (Wildlife Conservation Division), with special assistance from clerical staff Gayle Tichenor and Susan Divens and cartographic support from Frances Inoue. The plan has been developed with the aid of an interagency planning team composed of representatives from state, federal and local agencies with jurisdiction over the critical habitat areas. The planning team has participated in the plan's development from its inception. Planning team members who participated in development of the plan are as follows: Kathy Dugan, Department of Natural Resources; Roger McCampbell, Division of Parks and Outdoor Recreation; Pricilla Wohl, Department of Environmental Conservation; Pat Beckley, Department of Transportation and Public Facilities; Wes Bucher, Division of Commercial Fisheries, ADF&G; Nick Dudiak, F.R.E.D. Division, ADF&G; Dave Nelson, Sport Fisheries Division, ADF&G; Eileen Bechtol, City of Homer; Mary Pearsall, Kenai Peninsula Borough; Tom Arminski, Alaska Energy Authority; Phil North, Environmental Protection Agency; Barbara Mahoney, National Marine Fisheries Service; and Larry Dugan, U.S. Fish and Wildlife Service. Ivan Widom, City of Seldovia, participated in planning team meetings as well. Richard Preston, U.S. Coast Guard; Tim Dillon, City of Seldovia; and Ron Stanek, Division of Subsistence were also named to the planning team. Ll ieee om FOX RIVER|FLATS CRITICAL Bald, x 2 | Sf *'Mountpin f \ oe, . "] a fhe Creek ES oy Ps ty ow, ae Ox ial lt KACHEMAK BAY re ae enircaciaaer aii iD AREA ~ Da ; \ m, pene tt \ > al Point Perla Pee alg Cd y a Gul ts 1D PR _ 30° Isla (2 Wier an tla a i th 7 Yuko IEA ay ROSY ~ Hesketh istant > (Se Grass Islarit me Point PogibsHii & ly Dangerous Cape Reel Si ous Ci Intro Statu Goals TABLE OF CONTENTS duction ... 2. 6 ee ee ee ee ee ee ee ee tes . 2. 6 6 ee ew ee ee et ee ee ee ee eo «© © «© © © © © © © © © © © ee ee 8 eee eel Fish and Wildlife Populations and Their Habitat . . Public Use . .- +--+ + + © © © © © © © © © © © ew ew ew Explanation of Terms . - + + + + + e+ © © © ee ee Policies ..-. ee ee ee © © ee © ee ee ee ee Access ....-+ +e +e eee © © © © © © ee ew ew Off-Road Use of Motorized Vehicles ......+.-s-e-s Information/Education ..--+- ++ +s + . Fish and Wildlife Habitat and Population Enhancement and Rehabilitation .... ++ es + ee ee ee Water Quality ..- + 6+ 6 e+ 6 ee ee ee ee ee Mooring Buoys/Running Lines/Navigational Aid Dal] e Harbors, Docks, Piers, Boat Ramps, and Piling Supported Structures . - +--+ + + + + e+ + ee ee Longterm Anchorage/Floatstructures/Boat Maintenance/ Derelict or Abandoned Boats .....- - Shoreline Alteration . ....++ ++ +e -s Land Acquisition... - + + + + + ee ee Pot/Gear Storage. . Shore Fishery Leases ; : Aquatic Farming .. +--+ +++ + ee ee . . oe 8 © © © © © © 8 8 ee © © 8 8 . . Grazing .- + ++ ee 6 © © © ee ee ee 4 ble! Ife || Inwater Log Storage/Transfer Facilities .....-- Pipelines and Utility Lines . .- +--+ +++ +s ees Mining... eee ee ee ee ee ee ee ee Material Extraction ..... + +++ + 2+ 2+ © © «© © Oil and Gas ... ee 6 © © © © © eo ee ee ee Oil Drilling Rig Storage... . +++ e+ e+ e+ ee ee Hazardous Materials ..... +++ ++ © © © ee © Other Uses .. «1. 6 © © © © © © © © © © © ee ee Regulation . - ee ee ee ee ee ee ee ee ee Implementation ... + + +e ee ee ee ee ee ets Appendix Resource Inventory ..... By delle Ss le] jet Ie le) fs) | ea] fe Special Area Permit Regulations .+--+-+-+ +++: > Cooperative Agreement Between ADF&G and ADNR Division of Parks and Outdoor Recreation State Water Quality Standards 18 AAC 70 ..-+-+-s: = - el - - 3 - - 5 9 7 - S - « 6 oe 7 wii? oe 2 7 a Se 2 7 « 7 - e- 7 - - 8 - - 8 - - 8 . - 9 -- 9 - - 9 - - 9 . - 9 - 10 - 10 - 10 - 10 - i - il - 11 tL a) | oe - 22 - 13 - A-1 A-82 A-93 A-97 INTRODUCTION The tide and submerged lands of Kachemak Bay were established as a critical habitat area by the Alaska Legislature in 1974 and the Fox River Flats was established by the Alaska Legislature as a critical habitat area in 1972 to protect and preserve habitat areas especially crucial to the perpetuation of fish and wildlife, and to restrict all other uses not compatible with that primary purpose. The purpose of the Kachemak Bay and Fox River Flats Critical Habitat Areas Management plan is to provide consistent long-range guidance to the Alaska Department of Fish and Game and other agencies involved in managing the critical habitat areas. The plan presents management goals for the critical habitat areas and resources and identifies policies to be used in determining whether proposed activities within the critical habitat areas are compatible with the protection of fish and wildlife, their habitats and public use of the critical habitat areas. The plan will be reviewed every five years and, if appropriate, updated as funding permits. Public participation will be solicited during the update process. The plan affects state and private lands within the critical habitat areas. The plan does not apply to federal or municipal lands within the critical habitat areas. The plan does not address hunting or fishing regulations which are the authority of the Boards of Fish and Game. This document is the result of a public planning process led by the Alaska Department of Fish and Game. The plan has been developed by the planning team representing state, federal and municipal agencies including: The Alaska Departments of Fish and Game, Natural Resources, Environmental Conservation, Transportation and Public Facilities, Alaska Energy Authority, and Division of Parks and Outdoor Recreation; the United States Fish and Wildlife Service, Coast Guard, National Marine Fisheries Service and Environmental Protection Agency; the City of Homer, the City of Seldovia, and the Kenai Peninsula Borough. At the beginning of the public planning process, public meetings were held in Homer, Seldovia, and Anchorage to explain the planning process and solicit citizens' opinions regarding the issues, interests and concerns pertinent to critical habitat area management. The meeting results and written comments received were used by the planning team to identify a list of issues to be addressed in the plan. At the same time, resource information on critical habitats and their fish and wildlife populations, other natural resources, existing land use, and land ownership was being collected and synthesized. This information, presented in both map and narrative form, comprises the plan's resource inventory. Management goals and policies for the critical habitat areas were developed by the planning team to address the identified issues. All policies were developed with consideration of their ability to meet the plan's management goals. In addition, other applicable laws and the Public Trust Doctrine were considered. -1- The draft plan was distributed for public review, and comments received during the public review process were used to develop the final plan. The goals and policies were then adopted by the Commissioner of Fish and Game. The plan is implemented by the Alaska Department of Fish and Game in several ways. A Special Area Permit is required for any habitat altering activity, including any construction work, ina designated State Critical Habitat Area (5 AAC 95). A Special Area Permit application form can be obtained from any Alaska Department of Fish and Game office and should be submitted to the Habitat and Restoration Division Regional Office in Anchorage. The Habitat and Restoration Division will review all proposed activities for consistency with the goals and policies outlined in this plan. Activities will be approved, conditioned, or denied based on the direction provided in this plan as well as state laws and regulations. Future Kachemak Bay Critical Habitat Area and Fox River Flats Critical Habitat Area management activities of the Alaska Department of Fish and Game will also be directed by this plan. Research programs, public use facilities, and other department projects will be consistent with the goals and policies presented in this plan. Other’ state, federal, and local agencies have management responsibilities within the critical habitat areas as well. Any use, lease, or disposal of resources on state land in the critical habitat areas requires Alaska Department of Natural Resources (ADNR) authorization. The ADNR Division of Parks and Outdoor Recreation manages Kachemak Bay State Park, established by the legislature in 1971. Kachemak Bay State Park overlaps Kachemak Bay Critical Habitat Area along most of the south shore of Kachemak Bay from Tutka Bay north to Aurora Lagoon and Chugachik Island. Activities within the state park require authorization from the Division of Parks and Outdoor Recreation. Activities affecting air or water quality require authorization from the Alaska Department of Environmental Conservation. The United States Army Corps of Engineers (COE) evaluates applications for discharging dredged and fill material in waters of the United States including wetlands. Federal and state agencies, including the United States Fish and Wildlife Service, National Marine Fisheries Services, and Environmental Protection Agency, along with local governments, review proposals for COE permits, pursuant to the Fish and Wildlife Coordination Act (16 USC 661-666 et.seq.). United States Coast Guard approval is required for certain kinds of work in navigable waters. The Kenai Peninsula Borough reviews and comments on all permit proposals within the coastal zone, including the Kachemak Bay and Fox River Flats Critical Habitat Areas. STATUTES Alaska Statutes which pertain specifically to the establishment and management of Kachemak Bay Critical Habitat Area and Fox River Flats Critical Habitat Area are as follows: AS 16.20.500. Purpose. The purpose of AS 16.20.5000 - 16.20.690 is to protect and preserve habitat areas especially crucial to the perpetuation of fish and wildlife, and to restrict all other uses not compatible with that primary purpose. AS 16.20.580. Fox River Flats Critical Habitat Areas established. The following described area is established as the Fox River Flats Critical Habitat Area: (1) Township 4 South, Range 10 West, Seward Meridian Section 20 SE1/4 (not tide or submerged land) Section 21 S1/2 (not tide or submerged land) Section 22 S1/2 Section 23 S1/2 (not tide or submerged land) Sections 25 - 29 Sections 33 - 36 (2) Township 4 South, Range 9 West, Seward Meridian Section 30 W1/2 (not tide or submerged land) AS 16.20.590. Kachemak Bay Critical Habitat Area established. The following described area is established as the Kachemak Bay Critical Habitat Area: (1) Township 4 South, Range 10 West, Seward Meridian (only tide and submerged land and waters) j (2) Township 5 South, Range 10 West, Seward Meridian (only tide and submerged land and waters) : (3) Township 5 South, Range 11, West, Seward Meridian (only tide and submerged land and waters) (4) Township 5 South, Range 12 West, Seward Meridian (only tide and submerged land and waters) (5) Township 6 South, Range 11 West, Seward Meridian (only tide and submerged land and waters) (6) Township 6 South, Range 12 West, Seward Meridian (only tide and submerged land and waters) (7) Township 6 South, Range 13 West, Seward Meridian (only tide and submerged land and waters) (8) Township 6 South, Range 14 West, Seward Meridian (only tide and submerged land and waters) (9) Township 7 South, Range 11 West, Seward Meridian (only tide and submerged land and waters) (10) Township 7 South, Range 12 West, Seward Meridian (only tide and submerged land and waters) (11) Township 7 South, Range 13 West, Seward Meridian (only tide and submerged land and waters) (12) Township 7 South, Range 14 West, Seward Meridian (only tide and submerged land and waters) (13) Township 8 South, Range 12 West, Seward Meridian (only tide and submerged land and waters) -3- (14) Township 8 South, Range and submerged land and waters) (15) Township 8 South, Range and submerged land and waters) (16) Township 9 South, Range and submerged land and waters) (17) Township 9 South, Range 13 West, 14 West, 14 West, 15 West, all tide and submerged land and waters Point to Point Pogibshi) (18) Township 5 South, Range 15 West, all tide and submerged land and waters Point to Point Pogibshi) (19) Township 6 South, Range 15 West, all tide and submerged land and waters Point to Point Pogibshi) (20) Township 7 South, Range 15 West, all tide and submerged land and waters Point to Point Pogibshi) (21) Township 8 South, Range 15 West, all tide and submerged land and waters Point to Point Pogibshi) (22) Township 9 South, Range and submerged land and waters) 12 West, Seward Meridian (only tide Seward Meridian (only tide Seward Meridian (only tide Seward Meridian (including east of a line from Anchor Seward Meridian (including east of a line from Anchor Seward Meridian (including east of a line from Anchor Seward Meridian (including east of a line from Anchor Seward Meridian (including east of a line from Anchor Seward Meridian (only tide GOALS Activities that occur within the Kachemak Bay and Fox River Flats critical habitat areas will reflect the following goals in accordance with the purpose for which the areas were established (AS 16.20.500). All department management decisions in the Kachemak Bay and Fox River Flats critical habitat areas, whether affecting activities undertaken by the department, other agencies or the public, will be in accordance with these goals. I. Fish and Wildlife Populations and Their Habitat - Manage the critical habitat areas to maintain and enhance fish and wildlife populations and their habitat. Minimize the degradation and loss of habitat values due to habitat fragmentation. Recognize cumulative impacts when considering effects of small incremental developments and action affecting critical habitat area resources. A. Wildlife 1. Protect important wildlife habitat including water quality. 2. Minimize harmful disturbance to wildlife, especially to marine mammals and nesting, rearing, staging and wintering waterfowl, shorebirds, and seabirds. 3. Maintain, protect, and if appropriate, enhance the quality and quantity of nesting, rearing, feeding, staging and wintering habitat for resident and migrant waterfowl, shorebirds, and seabirds. 4. Protect bald eagle nesting, perching, roosting, and feeding habitat. B Fish 1. Protect natural substrate, aquatic vegetation, water quality and circulation patterns to maintain aquatic habitats. 2. Maintain water quality sufficient for the growth and propagation of fish, shellfish, and other aquatic life in fresh, estuarine and marine waters. 3. Maintain water quality at a level that would allow for harvest of raw mollusks or other raw aquatic life for human consumption. II. Public Use - Manage the critical habitat areas to maintain anda enhance public use of fish, wildlife and critical habitat area lands and water consistent with the other goals of this management plan. A. Maintain or improve public access to and within the critical habitat areas. B. Maintain or improve opportunities for hunting and fishing within the critical habitat areas. c. Maintain or improve opportunities to recreate in the critical habitat areas. D. Maintain or improve opportunities for viewing, photography, education, and study of fish and wildlife. E. Provide information about the critical habitat areas to the public. Explanation of Terms Minimize: To reduce harmful effects to a level which does not have a significant adverse impact on fish or wildlife populations or their habitats within the critical habitat areas or significantly reduce public opportunity for successful harvest or non-consumptive use of fish and wildlife. Harmful Disturbance: Activities which displace animals from their natural habitat or interrupt their seasonal activities at a frequency or duration which causes significant impact to fish and wildlife populations. Harmful disturbance does not refer to the legal harvest of fish and wildlife. POLICIES ACCESS - Maintain existing public access into Kachemak Bay and Fox River Flats critical habitat areas. Improve public access within Kachemak Bay Critical Habitat Area consistent with the goals of the management plan. Fox River Flats Trail should continue to be used as an all weather trail with appropriate terms and conditions, including weight restrictions, placed on use of motorized vehicles. OFF-ROAD USE OF MOTORIZED VEHICLES - To ensure the protection of important habitat, avoid harmful disturbance of fish and wildlife, and accommodate a variety of critical habitat area users, the department will, as appropriate, establish motorized vehicle use corridors and seasonal and vehicle use restrictions under a general permit for individual personal and recreational transportation. Organized group events involving 20 or more individuals or use of industrial or construction type vehicles may, in the commissioner's discretion, be authorized under an individual Special Area Permit under 5 AAC 95.420(a)(7) if the use is consistent with the goals and policies of this management plan. Traversing areas with rooted vegetation in airboats or hovercraft is prohibited. INFORMATION AND EDUCATION - Inform the public about resource values, recreational opportunities (including high value viewing areas) and rules in Kachemak Bay and Fox River Flats critical habitat areas. Encourage compatible educational programs and research and monitoring of fish, wildlife, and habitat resources and their uses. FISH AND WILDLIFE HABITAT AND POPULATION ENHANCEMENT AND REHABILITATION - AS appropriate, allow enhancement and rehabilitation of habitat of indigenous wildlife or fish species and enhancement of fish and wildlife populations where it furthers the management goals of Kachemak Bay and Fox River Flats critical habitat areas, is not at the expense of existing resource values (including diversity and abundance) and doesn't interfere with public use and enjoyment. Priority should be given to encouraging rehabilitation of depleted indigenous fish and wildlife populations. WATER QUALITY - Water quality standards applied to estuarine, marine, and freshwater environments in the critical habitat areas shall be state water quality standards set out in 18 AAC 70 (as amended as of January 7, 1987). Cumulative effects of waste discharge shall be a primary concern when determining appropriate activities in the critical habitat areas and must meet the above specified standards. Discharge of treated waste products may only be allowed within the critical habitat areas when there is a demonstrable need for which there is no feasible alternative. MOORING BUOYS, RUNNING LINES, AND NAVIGATIONAL AIDS - Mooring buoys and running lines will be allowed under the terms of a general permit where adjacent upland landowners require public or private access to their property. Public mooring buoys may also be allowed under the terms of a general permit. Mooring buoys and running a lines will be sited, designed, and used in a manner which does not interfere with navigation for the purpose of public use and enjoyment of the critical habitat areas, existing fisheries, or other authorized uses. In areas where a proliferation of buoys would have the potential to interfere with navigation for the purpose of public use and enjoyment of the critical habitat areas, or public uses of the critical habitat area, an area or areas may be identified for the location of public and private mooring facilities. Navigational aids will be allowed by general permit. HARBORS, DOCKS, PIERS, BOAT RAMPS, AND PILING SUPPORTED STRUCTURES - Harbors, docks, piers, boat ramps, and associated structures may be allowed for the purpose of maintaining or improving public access to Kachemak Bay, or where adjacent upland landowners require access to their property in a manner consistent with critical habitat area statutes and regulations and the goals and policies of this management plan. Siting, design, construction, and maintenance of these facilities will to the maximum extent possible avoid impacts to habitat, fish, wildlife, navigation for the purpose of public use and enjoyment of the critical habitat areas and existing fisheries. Community dock development, seasonal docks, mooring buoys, and running lines will be encouraged over individual private permanent docks whenever possible. Solid fill docks will be avoided to the maximum extent possible if the facility will impact productive habitat; interfere with natural coastal processes including tidal action, circulation, erosion, and deposition patterns; or interfere with public use of one or both of the critical habitat areas. Piling or floating docks will be used whenever possible. The size of a structure will be kept to the minimum necessary to accommodate the proposed activity. LONGTERM ANCHORAGE, FLOATSTRUCTURES, BOAT MAINTENANCE, AND DERELICT OR ABANDONED BOATS - Anchorage or placement of a vessel or structure for longer than 14 days in the Fox River Flats or Kachemak Bay critical habitat areas requires authorization under a Special Area Permit and may be allowed if consistent with the purpose for which the critical habitat area was established and the goals and policies of this management plan. A general permit may be issued under appropriate terms and conditions for the anchoring of vessels in the vicinity of the Homer and Seldovia small boat harbors. Floatstructures, except when specifically allowed by other policies in this plan, will not be allowed on public lands and waters in the critical habitat areas. Derelict or abandoned boats may not be left on public lands or waters in the critical habitat areas outside of the Homer or Seldovia small boat harbors. Intertidal boat maintenance outside of established community boat harbors may be authorized on private tidelands, or on public tidelands when there is no feasible alternative, under terms and conditions consistent with the goals and policies of this management plan and the purposes for which the critical habitat areas were established. The sinking of derelict boats in Kachemak Bay may be allowed only for the purpose of artificial reef enhancement undertaken by a local, state, or federal agency if it -8- will not impact fish and wildlife habitat, fish and wildlife populations, or public use of the critical habitat areas. SHORELINE ALTERATION - Except as provided in the Harbors, Docks, Piers, Boat Ramps, and Piling Supported Structures policy, no alteration will be allowed of the natural shoreline of Kachemak Bay except when it will provide an overwhelming public benefit and there is no feasible upland alternative, or in the case where the proposed project is entirely on privately owned tidelands for the purpose of private property protection. Shoreline alteration of public tidelands to protect private property will not be allowed. Shoreline alteration will, to the maximum extent practicable, follow the natural configuration of the shoreline and avoid impact to fish and wildlife populations, their habitat, and public use and enjoyment of the critical habitat areas. Maintenance and clean-up of shore retention structures will be required of any shoreline alteration project. LAND ACQUISITION - The department may acquire private or municipal uplands, tidelands, or conservation easements within the critical habitat areas from willing sellers as time and funding permit through purchase or trade. Donation of lands for addition to the critical habitat areas will also be considered. POT AND GEAR STORAGE - The storage of fishing pots or other fishing gear within Kachemak Bay or Fox River Flats critical habitat areas requires a Special Area Permit. A Special Area Permit may be issued for the storage of fishing pots and other gear where storage will not impact fish and wildlife habitat, fish and wildlife populations, public use of the critical habitat areas, or navigation for the purpose of public use and enjoyment of one or both of the critical habitat areas. Whenever possible, upland storage is preferred. SHORE FISHERY LEASES - Use of shore fishery leases may be authorized under the terms of a general permit if the leases are consistent with the goals and policies of this management plan, the purpose for which the critical habitat area was established, salmon harvest regulations, and if the leases are not in conflict with use of pre-existing shore fishery leases, aquatic farm permits or leases, or other disposals of interest in state property. AQUATIC FARMING - In a manner compatible with the maintenance of high water quality in Kachemak Bay, aquatic farming activities, including floatstructures essential to the farm operation, may be permitted in Kachemak Bay on a case by case basis under terms and conditions consistent with the protection of fish and wildlife populations and their habitats, continued use of fish and wildlife, and public use and enjoyment of the critical habitat areas if compatible with other existing uses. Within the constraints provided by law, Jakolof Bay is recognized as a physically suitable area for aquatic farming activity because of good site conditions and an absence of use conflicts with fisheries. Aquatic farming will not be authorized in China Poot Bay due to its shallow character and conflict with existing navigational channels and -9- fisheries. Additional aquatic farms of any configuration in Peterson Bay or additional floating aquatic farms in Kasitsna Bay will not be authorized due to an absence of suitable sites free from conflict with existing fisheries and public use. In order to avoid conflict with existing setnet fisheries, aquatic farms will not be sited within a 1000 foot radius offshore (from mean low water) of commercial set gillnet sites in Seldovia Bay, Kasitsna Bay and McDonald Spit, and Halibut Cove. In order to provide time for observation of the effect of existing aquatic farms, a moratorium on both the authorization of the expansion of the boundaries of existing farms and the authorization of new aquatic farms (excluding aquatic farms applied for prior to December 31, 1992 and experimental projects conducted in cooperation with the department) in Kachemak Bay will extend through December 31, 1995. Authorization of aquatic farms after that date may occur if authorization is not specifically prohibited by this policy or other state law. The effects of existing aquatic farms will be utilized to determine, in part, decisions to permit, deny, or modify new aquatic farm proposals submitted after the expiration of the moratorium. GRAZING - A new grazing lease or permit, or renewal of an existing grazing lease may be allowed only for cattle or horses in Fox River Flats Critical Habitat Area under terms and conditions compatible with critical habitat area statutes and the goals and policies of this management plan using guidelines established in consultation with other involved parties during the development of a range management plan. Introduction of species other than cattle and horses will not be allowed. Terms and conditions under which grazing may be allowed will include seasonal restrictions necessary to avoid impact to critical waterfowl and moose habitat, riparian buffers necessary to avoid damage to fish streams, limits on number of animals, requirements for marking animals, responsibility for removing feral animals, application of active management techniques including movable fences where appropriate, and requirements to maintain public access on public lands. INWATER LOG STORAGE AND TRANSFER FACILITIES - To prevent the destruction of benthic marine habitats and interference with public use, including navigation for the purpose of public use and enjoyment of the critical habitat areas and fishing, the in-water storage or transfer of logs is not allowed in Kachemak Bay, except that logs intended for personal use may be transported in Kachemak Bay under the terms of an individual Special Area Permit under which in-water time does not exceed 14 days. It is not the intent of this policy to preclude logging on the south side of Kachemak Bay. PIPELINES AND UTILITY LINES - A new utility or pipeline may be allowed to cross Kachemak Bay Critical Habitat Area if there is no feasible alternative, using an existing corridor whenever possible, consistent with critical habitat area statutes and the goals and policies of this management plan, and will avoid impacts to critical habitat area values to the maximum extent possible. Utility lines and pipelines will not be allowed in wetlands in the Fox River Flats Critical Habitat Area. Any easement issued within -10- the critical habitat areas will be non-exclusive use only. Easements for sewer outfalls may only be allowed within Kachemak Bay Critical Habitat Area when there is a demonstrable need for which there is no feasible alternative and must be consistent with the goals and policies of this management plan. Except for authorized fuel docks, fuel lines and oil pipelines will not be allowed to cross either Kachemak Bay or Fox River Flats critical habitat areas. MINING - Mineral or coal leasing will not be allowed in the critical habitat areas. Close the critical habitat areas to new locatable mineral entry and close tide and submerged lands within the critical habitat areas to issuance of offshore prospecting permits. Incidental gathering of loose coal for personal use on Kachemak Bay beaches will continue to be allowed. MATERIAL EXTRACTION - Material extraction on public lands will not be allowed within the critical habitat areas unless for purposes of maintenance, enhancement, or restoration of critical habitat area habitat. All material extraction activities within the critical habitat areas, including activities on private lands, must be consistent with critical habitat area statutes and the goals and policies of this management plan. OIL AND GAS - To avoid damage to fish and wildlife habitats, disturbance to fish and wildlife populations, and displacement of public use, surface entry for oil and gas exploration or development will not be allowed on Kachemak Bay or Fox River Flats critical habitat areas, except that geophysical surveys may be permitted if there is no surface impact and appropriate stipulations, including seasonal restrictions, preclude impact to fish and wildlife habitat, fish and wildlife populations, and public use of the critical habitat areas. OIL DRILLING RIG STORAGE - To avoid damage to fish and wildlife habitats, disturbance to fish and wildlife populations, and displacement of public use of Kachemak Bay Critical Habitat Area, drilling rig storage will not be allowed in the Kachemak Bay Critical Habitat Area. HAZARDOUS MATERIALS - Hazardous materials may not be stored or deposited in the critical habitat areas. OTHER USES - To protect fish and wildlife populations and their habitats in the critical habitat areas, the department may allow by permit only those activities compatible with the purposes for which the critical habitat areas were established, terms and standards of 5 AAC 95, and the goals and policies of the plan. Any activity that is not compatible with the purposes for which the critical habitat areas were established, terms and standards of 5 AAC 95, and the goals and policies of this plan will not be allowed. REGULATION 5 AAC 95.610 KACHEMAK BAY AND FOX RIVER FLATS CRITICAL HABITAT AREAS MANAGEMENT PLAN. The goals and policies of the Kachemak Bay and Fox River Flats Critical Habitat Areas Management Plan dated December 1993 are adopted by reference. The plan presents management goals and policies for the critical habitat areas and their resources which the department will use in determining whether proposed activities in the critical habitat areas are compatible with the protection of fish and wildlife, their habitats, and public use of the critical habitat areas. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state critical habitat area. The department will review each special area permit application for consistency with the goals and policies of the management plan adopted by reference in this section. A special area permit for the Kachemak Bay Critical Habitat Area or the Fox River Flats Critical Habitat Area will be approved, conditioned, or denied based on the criteria set out in the goals and policies in the Kachemak Bay and Fox River Flats Critical Habitat Areas Management Plan, and on the standards contained elsewhere in 5 AAC 95. (Eff. 4/9/94, Register 130). Authority: AS 16.05.020 AS 16.20.520 AS 16.05.050 AS 16.20.530 AS 16.05.251 AS 16.20.580 AS 16.05.255 AS 16.20.590 AS 16.20.500 Editor's Notes - A copy of the Kachemak Bay and Fox River Flats Critical Habitat Areas Management Plan dated December 1993 is available at the Alaska Department of Fish and Game, Habitat and Restoration Division, 333 Raspberry Road, Anchorage, AK 99518-1599. Included in this management plan is a copy of the state water quality standards, 18 AAC 70, as amended as of 1/7/87. IMPLEMENTATION The Kachemak Bay and Fox River Flats Critical Habitat Areas Management Plan will be implemented by the Alaska Department of Fish and Game through its day to day on-the-ground management activities, through its annual budgeting process, and through Special Area Permits issued for land use activities within the critical habitat areas. Special Area Permits. A Special Area Permit is required for any habitat altering activity, including construction work, in the Kachemak Bay or Fox River Flats Critical Habitat Areas. A Special Area Permit application form can be obtained from any Alaska Department of Fish and Game office and should be submitted to the Habitat and Restoration Division's regional office in Anchorage (5 AAC 95). Kachemak Bay State Park. Continue to coordinate management of portions of the Kachemak Bay Critical Habitat Area which are also established as Kachemak Bay State Park with Division of Parks and Outdoor Recreation (DPOR) through cooperative agreement. Work with DPOR to acquire key upland access points as time and funding permit. : Information/Education. Department staff should seek assistance from both public and private groups to develop an information/ education program for the critical habitat areas which will inform the public about resource values, rules and recreational opportunities. Mooring Buoys, Running Lines. Maintain a list and map of mooring buoys and running lines in Kachemak Bay, as sent in by owners for reference when authorizing other uses in the bay. Water Quality Monitoring. Work with federal, state and local agencies to establish water quality monitoring programs at strategic points around Kachemak Bay to determine if there is a water quality problem. If water quality problems are discovered, work with the appropriate parties to resolve the concerns. Historical/Archaeological Sites. Avoid conflicts with historical and archaeological sites when approving new uses and activities in the critical habitat areas by contacting the State Historic Preservation Office when reviewing proposals for new projects. Range Management Plans for Grazing Leases. Work with the Soil Conservation Service and Department of Natural Resources to develop range management plans for grazing leases which will maintain critical habitat area values on Fox River Flats. Aquatic Farm Monitoring. Work with representatives from other permitting agencies to develop criteria for evaluating effects of existing aquatic farms on fish and wildlife habitat, fish and wildlife populations, and public use of the Kachemak Bay Critical Habitat Area for use in conducting an evaluation of existing aquatic farms as outlined in the aquatic farming policy and for consideration of the option of establishing acreage and farm number limits in Kachemak Bay in the future. Other Agencies' Actions. This document will also be used by other state, federal and local decision makers in making management decisions for the critical habitat areas under their respective statutory authority. APPENDIX KACHEMAK BAY AND FOX RIVER FLATS CRITICAL HABITAT AREAS RESOURCE INVENTORY Resource Inventory Table of Contents Introduction ...... 1... ee ee ee ee Area Description ............+2.2..8080+884848 History... . +.+ = s © is sie. 6 «© «se sf... Physical Environment .........4.26..0.2..0086 Climate . 2... 2 0 2 we we ee ee ew we ween ew we Geology . . .© 2. 2 6 6 6 2 ee ee we we ew ewe eens Oceanography ..........4.24604.028.0280888 Circulation ..................0848 Biological Resources ..........2.-e6.028.80808-4 Freshwater Wetlands and Upland Vegetation ......, Marine Plants and Invertebrates ........., Fish and Shellfish vii BL Sogo Terrestrial Mammals .......4.2..5.+s.806e0c80e8e Marine Mammals ......... Land Ownership ..............80808 88 8086 Public Access ...........8.2842848 Existing Human Uses... ..... 2... ee ee ee ee Commercial Fishing . Sport Fishing ......... Personal Use Fishing Sport Hunting ..............24248 Subsistence Hunting ...........2.4288488 Trapping ...........4.. Livestock Grazing ............08. 8808086 Marine Invertebrate Gathering .. Plant Gathering .............2.2222080848 Wildlife Watching and Education . Aquatic Farming ............0.080 8808 4 Harbors, Docks, Piers, Boat Ramps, and Piling Supported Structures ..... 1... 2. ee ew ew we ewe Log Storage/Transfer Facilities ......... Pipelines and Utility Lines ............. Mineral Resource Extraction ............. Shoreline Alteration .............4.. Oil and Gas ........ 2. ee ee Oil Drilling Rig Storage ............. Hazardous Materials ..........2.22e.4.4 Information NeedS ...... 1... ee ee ee ee ee Literature Cited ............0.888 8888 Table Table Table Table Table Table Table Table Table Table Table Table Table Table Table 10. 11. 12. 13. 14. 15. List of Tables Birds of Kachemak Bay, Alaska (Point Pogibshi to Anchor River). Densities of birds along the Kachemak Bay coastline as determined by aerial surveys in 1976 and 1978. Density of birds offshore in Kachemak Bay as determined by aerial surveys in 1976 and 1978. Aerial surveys of birds on Fox River and Martin River flats, Alaska, Spring 1976. Aerial surveys of birds and livestock on Fox River and Martin River flats, Alaska, Spring 1992 (Del Frate 1992, Sinnott 1992). Calculated duck population at Fox River Flats, Alaska, on May 25, 1976. Fall migration aerial survey of birds on Fox River and Martin River flats at the head of Kachemak Bay, Alaska, August 17 - October 2, 1976. Spring migration of shorebirds on Homer Spit and Mud Bay, Homer, Alaska. Species and number of seabirds at breeding colonies in Kachemak Bay, Alaska. Terrestrial mammals of the Fox River Flats Critical Habitat Area. Marine mammals of Kachemak Bay Critical Habitat Area. Kachemak Bay/Fox River Flats Critical Habitat Area Leases/Inholdings as shown on the Land Status Map. Exvessel value of salmon caught in the Southern District commercial fishery (in dollars) by species, obtained by using the formula avg. wt. per fish x total number of fish caught. Historical commercial Tanner crab catch (pounds) and effort in the Southern District of the Cook Inlet Management Area, 1968-1992. Commercial Dungeness crab catch by year, Southern District, 1961-1991. A-63 A-64 A-65 A-66 A-67 A-68 A-69 A-70 A-71 A-72 Table Table Table Table Table Table Table Table Table Table 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Historical commercial King crab catch in pounds by season, in the Southern District of the Cook Inlet Management Area, 1960-90. Trawl shrimp catches in the Kachemak Bay trawl shrimp fishery, in the Cook Inlet Management Area, 1969-1991. Sport fish saltwater catch and effort by fisheries of finfish species, 1990. Harvest and angler participation directed toward enhanced king, pink, and coho salmon stocks in the Homer Spit fishery, 1985-1991. Summary of king salmon harvest, Halibut Cove, Kachemak Bay, 1984-1991. Harvest of China Poot Bay (Leisure Lake) sockeye salmon returns by user group, 1979 to 1991. Historical recreational boat harvest of Pacific halibut, 1977-1990. Kachemak Bay sport fish saltwater harvest and effort by fisheries for shellfish species 1990. Average annual harvest of waterfowl in Kachemak Bay (including Fox River Flats) from 1981 to 1990. Estimated waterfowl harvest and hunter-days for Kachemak Bay and China Poot Bay, Alaska. A-73 A-74 A-75 A-76 A-76 A-77 A-79 A-80 A-81 INTRODUCTION Kachemak Bay Critical Habitat Area was established in 1974 and Fox River Flats Critical Habitat Area was established in 1972 by the Alaska Legislature to protect and preserve habitat areas especially crucial to the perpetuation of fish and wildlife and to restrict all other uses not compatible with that primary purpose. AREA DESCRIPTION Kachemak Bay Critical Habitat Area includes the tide and submerged lands of Kachemak Bay east of a line drawn from Anchor Point to Point Pogibshi and is approximately 222,000 acres in size. Fox River Flats Critical Habitat Area encompasses approximately 7100 acres of wetlands and tideflats at the head of the bay. There is overlap between the two areas. Both state land and private land are included in the critical habitat areas but municipal (City of Homer and City of Seldovia tidelands) and federal lands are not under critical habitat area authority. Kachemak Bay is an elongated embayment about 39 miles long and about 24 miles wide at its entrance between Anchor Point and Point Pogibshi. Midway, the Homer Spit projects four miles out into the bay, dividing it into an "inner" and "outer" bay. Kachemak Bay is bordered on the north by the rolling hills and bluffs of the Kenai lowlands and on the south by the Kenai Mountains. The northern shore consists of shallow mud flats, interspersed with rocks and boulders, backed by cliffs of sand and clay. The maximum elevation is at Bluff Point (759 feet). The southern shoreline, bordering the deeper side of the Bay, consists of mountainous glacially eroded hardrock indented by many sheltered passages and deep bays. Several islands, including Herring Island, Hesketh Island, Yukon Island, Cohen Island, Sixty foot rock, Gull Island, Bear Island, and Chugachik Island, are found along the south shore. The head of Kachemak Bay is characterized by the extensive tidal flats, braided drainages and marshlands of Fox River Flats. Eleven major glacier rivers and streams and ten minor nonglacial streams discharge into Kachemak Bay along the southern shore, whereas the northern coast has only eight small nonglacial streams of limited drainage discharging into the inner Bay. (Trasky et al. 1977). HISTORY Over time, the bay and its shorelands have provided a productive home to several different peoples. The archaeological record indicates Pacific Eskimos as original residents followed by coast Denaina. Russian and Aleut influence arrived in the mid-1800s and American explorers and investors quickly followed in the 1880s and 1890s. "A History of Kachemak Bay the Country, the Communities" published by the Homer Society of Natural History (Klein 1987) provides an excellent history of the bay, the flats and the people and their activities. Also provided in the book is a history of place names of the area. PHYSICAL ENVIRONMENT Climate The climate of Kachemak Bay and its shorelands, is moderated by the maritime influence of the North Gulf waters. Average winter temperatures in Homer range from 11°F to 42°F while summer temperatures average 42°F to 59°F. The relatively low annual precipitation in Homer, (28 inches including 101 inches of snow), is the result of the Kenai Mountains' rain shadow effect. Geology Kachemak Bay and its sub-bays, including Tutka Bay and Sadie Cove, are the product of repeated glaciation. Remnants of those glaciers are still present in the form of Grewingk, Dixon, and Portlock glaciers as well as Wosnesenski and Doroghin glaciers and the Harding Icefield. The most notable seismic event in recent history was the 1964 Earthquake, as a result of which the entire area including Homer Spit, Fox River Flats, and the Seldovia waterfront subsided. Volcanoes on the west side of Cook Inlet have periodically erupted, depositing layers of ash over the area as well. One of the most unusual geologic features of Kachemak Bay is the Homer Spit, extending over four miles into the bay. Whether created as a result of longshore currents depositing sands and gravels, representing the remains of a terminal moraine, or the product of a combination of both of these forces, it is by far the largest spit in the bay. Other smaller spits can be found along the south side of the bay. At the head of the bay, Fox River Flats is a typical deltaic plain built by sedimentary deposition from the Fox, Sheep and Bradley rivers. Oceanography (excerpted from Trasky et al. 1977) Kachemak Bay is comparatively shallow, averaging only 25 fathoms in depth. The bottom of the Bay is gently sloping and relatively flat with the exception of a 30-40 fathom trench which runs along the south-central side. The deepest part of the Bay is a 96 fathom depression located north of Cohen Island at the entrance to the inner Bay. The dominant water movement in Kachemak Bay is the oscillatory flood and ebb of the tide. The net circulation (independent of, but largely driven by, the tidal currents) in the outer bay is characterized by an influx of clear ocean water from the Gulf of Alaska on the south side of the bay and a corresponding outflow of A-2 water on the north side of the bay. This general northward flow is interrupted in the central region of the outer bay by two semipermanent gyres. Inner Kachemak Bay is a positive estuary wherein precipitation and runoff exceed evaporation. There is a net outflow of low salinity surface water from the inner bay past the tip of Homer Spit and into the outer bay. Tides in Kachemak Bay and Lower Cook Inlet are semi-diurnal with a significant inequality between successive low waters. This means there are two high tides within a lunar (24 hour 50 minute) day, one of which will generally exceed the other by several feet. The same is true for low tides. The mean diurnal range in Kachemak Bay is 15.4 feet at Seldovia. Highest tides exceed 22.5 feet and the lowest tides are about -6.0 feet. Although fast ice has extended up to three miles off the northern shore of inner Kachemak Bay in severe winters, ice seldom forms in the outer Bay because of the moderating influence of the Gulf of Alaska. During severe winters, icing problems occur in the Homer Spit area. Although fed in part by glacial streams, outer Kachemak Bay waters are generally quite clear with only a very low suspended sediment load. Suspended sediment concentrations in inner Kachemak Bay are normally higher than in the outer bay, particularly in spring and summer, due to glacial and river runoff near the head of the bay. The relatively fresh, silt-laden waters are carried out of the inner bay along the northwest shore, are then discharged into the outer bay, and are subsequently carried northwest along the northern shore of the outer bay. Eroding bluffs along the north side of the inner and outer bay contribute additional sediments. Surface water temperatures in the bay range between a high of 55°F in the summer and an extreme low of 28°F in the winter. In April, bottom temperatures (at 33 fathoms) ranging from 37°F to 39°F have been observed. Available data indicate salinities in outer and inner Kachemak Bay average approximately 30-32 ppt during spring, summer and fall. Seasonal freshwater runoff reduces salinities, particularly surface salinities in the inner bay and northern bay. Oxygen levels measured in the bay were 8.06 ppm at the surface and 6.7 ppm at the bottom. Circulation (excerpted from Trasky et al. 1977) Circulation in outer Kachemak Bay is dominated by two large gyres, a counterclockwise (CCW) rotating gyre in the eastern half and a clockwise (CW) rotating gyre in the western half. The two-gyre system appears relatively stable unless altered by strong winds. Net transport in outer Kachemak Bay is generally northward whether or not the gyres are present (Figure 1). A-3 = oe Lo a Figure 1. fr. CIRCULATION PATTERNS OF KACHEMAK BAY Taken from: Trasky et al., 1977. “Environmental Studies of Kachem. Bay and Lower Cook Inlet” Vol. III | | a Circulation Studies In Kachemak \ f Bay and Lower Cook Inlet. Variation in the tidal range causes a variation in the size and shape of the two-gyre system, and extreme tidal ranges may cause enlargement of the CW gyre with concomitant diminution or destruction of the CCW gyre. Increase in the tidal range, accompanied by increasing tidal current velocities, tends to increase net northward transport of surface waters throughout the outer bay. Surface waters in outer Kachemak Bay are apparently derived largely from coastal upwelling (divergence) northwest of the Chugach Islands. This may significantly increase available nutrient concentrations and greatly enhance biological productivity in outer Kachemak Bay. Water in the gyres has a typical residence time of roughly 1-2 weeks, although longer residence times are possible. Northward flowing seawater is incorporated into the gyres along their southern periphery while a loss of water is incurred along the northern periphery of the gyres. Intrusion of seawater into Kachemak Bay occurs primarily along the southeastern shore. Near the entrance to the inner bay the flow turns north, normally (during periods of high freshwater runoff) bypassing the inner bay. Strong surface outflow from the inner bay (during spring and summer) also turns north and flows along the northeast shore of the outer bay. Major changes in the Kachemak Bay circulation pattern are comparatively infrequent during the more quiescent spring and summer months, specifically May to August. Beginning in late summer (September) and continuing through winter, strong seasonal storms tend to frequently alter this circulation. Indirect evidence suggests that east or southeastward surface transport from central Lower Cook Inlet into outer Kachemak Bay can occur, however, the oceanographic or meteorologic conditions required to induce such transport are not known. Surface and subsurface (100 feet depth) circulation is generally similar unless the surface currents are altered by persistent strong winds in either Kachemak Bay or Lower Cook Inlet. In such cases, subsurface compensatory currents which differ markedly from the surface currents have developed. Inner Kachemak Bay is a positive, partially mixed estuary wherein freshwater input (from rivers and precipitation) is greater than evaporation, and tidal currents cause considerable vertical mixing. The horizontal circulation is characterized by CCW rotating gyres. The northeastern gyre is elongated whereas the southwestern gyre is fairly symmetrical. Fresh water, introduced primarily by the Fox, Bradley, and Martin rivers and Sheep Creek at the head of the bay, flows out of the bay along the northwest shore. A significant amount of this outflow is diverted offshore in the region where the two gyres meet. The gyre A-5 movements and horizontal mixing processes tend to distribute the fresh water layer throughout the inner bay. Vertical and horizontal mixing processes increase the salinity of the surface water outflow near the mouth of the bay and greatly increase the volume of the surface water outflow from the inner bay. Surface outflow into the outer bay occurs across the entire entrance to the inner bay; subsequent transport is northwest along the northeast shore of the outer bay. The intensity of the surface outflow from the inner bay is probably greatly diminished during fall and winter when river runoff is low. Seawater intrusion into the inner bay apparently occurs primarily below 100 feet in the vicinity of the entrance. Vertical mixing occurs throughout the water column within the inner bay. BIOLOGICAL RESOURCES Freshwater Wetlands and Upland Vegetation Coastal wetlands are scarce in Kachemak Bay, as they are throughout much of southcentral Alaska. Much of the coastline is dominated by mountainous fjords or steep, eroding bluffs. The high tidal ranges of this region provide little wetland habitat except near the mouths of large rivers. Fox River Flats is the largest coastal wetland in Kachemak Bay. Wetlands vegetation has been identified in several salt marshes in Kachemak Bay. The vegetation of Fox River Flats and adjacent areas was mapped by ENTRIX and Stone & Webster (1985) (Figure 2). Batten et al. (1978) and Krasnow and Halpin (1981) also described the wetland vegetation of the Flats. Most of the Fox River Flats CHA is saltwater herbaceous sedges and unvegetated mud flats (Map 1). In the upper intertidal zone the dominant plant is Ramenski sedge (Carex ramenskii), with Lyngbye sedge (C. lyngbyaei) abundant around the marsh fringes, sloughs, and shallow drainageways. Puccinellia grandis is dominant in more seaward sites. Large and small ponds are numerous near the upper edge of the intertidal zone. Pond water is silty and fresh, although salinities up to 5% have been measured (Batten et al. 1978). Aquatic vegetation in the ponds is primarily Potamogeton spp., Zannichellia, and Hippuris. The coastal marsh grades into a grassland dominated by Calamagrostis canadensis or an inner marsh in which Carex pluriflora and other sedges, grasses, and forbs are common (Batten et al. 1978). China Poot Bay is the second largest salt marsh in Kachemak Bay, with over 600 acres (Crow and Koppen 1977). Twenty-one species of flowering plants have been identified in the bay, a relatively low diversity compared to other salt marshes (Crow 1977). An alkali grass (Puccinellia hultenii), along with several succulent species (Fucus spp., Plantago maritima, arrowgrass (Triglochin maritimun), Spergularia canadensis, and Suaeda depressa), dominate plant communities in most of the marsh. These communities depend on A-6 FIG. 2. FOX RIVER FLATS VEGETATION MAP CODE . VEGETATION TYPE CODE VEGETATION TYPE 10 Closed Coniferous Forest 125 Fresh Water Herbaceous Sedge Grass 20 Open Coniferous Forest 126 Saltwater Herbaceous Sedge Grass 22 Open Coniferous Forest/Tall Alder 154 Tidal River or Stream/Floodplain 113 Low Shrub Bog Taken from: ENTRIX, Inc. and Stone and Webster, 1985, “Bradley Lake Hydroelectric Project Terrestrial Impact Assessment Report”. known in southcentral Alaska (Lees et al. 1980). The main herbivore is a sea urchin (S. droebachiensis) whose density in shallow water under a surface canopy of kelp often exceeds 19/ft?. The subtidal macroinvertebrate communities on the rocky shelf from Anchor Point to Archimandritof Shoals also have very high diversity and density. Most of the macroinvertebrates are sedentary filter feeders, such as clams. Grazers, such as Tonicella and the sea urchin (S. d@roebachiensis), are abundant. Overgrazing by sea urchins may contribute to the poorly developed algal stocks in this area. Abundant predatory macroinvertebrates on this shelf are mostly sea stars, snails, crabs, and hermit crabs (Pagurus). Sand and Mud Substrates - Macrophytes are uncommon or absent on sand and mud substrates. Detritus, mostly plant material carried by currents from rocky habitats in Kennedy Entrance and southern Kachemak Bay, forms the base of the food web in outer Kachemak Bay (Lees et al. 1980). Invertebrate predators are scarce, so much of the invertebrate biomass is consumed by fish, birds, and marine mammals. Invertebrate abundance in sand and mud substrates is strongly influenced by seasonal conditions, and dominance patterns are influenced by tidal exposure. Polychaete worms and amphipods are most abundant in summer, and clams in spring. Most invertebrates in sand and mud substrates are deposit or suspension feeders. Most abundant in sand beaches are gammarid amphipods and polychaete worms. On Homer Spit, polychaetes (dominated by Scolelepis) comprise 81.5-98% of the total infauna biomass (Lees et al. 1980). Lees et al. (1981) and Lees (1977) provide detailed species lists of invertebrates of Mud Bay, both sides of Homer Spit, Bishops Beach in Homer, and Bluff Point. In lower Cook Inlet mud flats, clams (e.g., Mya spp. and Macoma balthica) and an echiurid worm (Echiurus) are most abundant. In Mud Bay, at the base of Homer Spit, are large numbers of Macoma balthica, numerous’ small crustaceans (e.g., harpacticoid copepods and mysids), and numerous marine worms (Lees et al. 1981). Many species are more abundant at lower tidal levels; however, species composition does not appear to be affected by tide stage (Dames & Moore 1978). Mud flats have greater species richness, biomass, and numbers of perennial species than sand beaches and, consequently, attract the most shorebirds and ducks (Dames & Moore 1978). Eelgrass (Zostera) is also an important habitat for birds. Eelgrass beds occur in Seldovia, Jakolof, Kasitsna, and Mud bays (Lees 1977). Patches of eelgrass occur along the northern shoreline between Mud Bay and McNeil Canyon (Dave Erikson, pers. commun.). The lower intertidal and subtidal plant and animal communities of upper Kachemak Bay north of Martin River seem to be low in diversity. High turbidity of freshwater flowing out of the delta is a limiting factor. Near Chugachik Island the bay becomes less turbid and diversity increases (USACE 1982). Fish and shellfish The historical abundance and diversity of fish and shellfish in Kachemak Bay are the product of a nutrient rich environment which provides critical habitat for numerous species during various life phases. Salmon - There are twenty-five documented anadromous fish streams flowing into Kachemak Bay. Eight of these are considered to be major salmon producers. Five species of Pacific salmon are found in the marine environment. They are king salmon (Onchorhynchus tshawytcha); sockeye salmon (Q. nerka); coho salmon (Q. kisutch); pink salmon (QO. gorbuscha); and chum salmon (Q. keta). Adult salmon are found in marine waters from late April to late September and in fresh waters from late May to late November. Pink salmon are the most abundant followed by chum, sockeye, silver, and king salmon. Escapement estimates of pink salmon in the five top- producing streams flowing into Kachemak Bay range from a low of 1,000 in Barabara Creek in 1984 toa high of 115,000 in Humpy Creek in 1981. Estimated chum salmon escapement in the two top-producing streams in Kachemak Bay, Tutka Creek and Seldovia River, are much smaller, ranging from 300 in Seldovia River in 1980 to 1,300 in Tutka Creek in 1982. There are few naturally occurring runs of sockeye salmon in Kachemak Bay. Adult sockeye salmon from Leisure and Hazel lakes' planted stocks return to the China Poot Bay area annually, and planted cohoes, pinks, and kings return to Homer Spit. Salmon enhancement activities in Kachemak Bay have also included stocking of coho salmon in Seldovia Lake and release of kings in Seldovia harbor, release of king salmon in Halibut Cove Lagoon by F.R.E.D. Division and now release of pinks by Cook Inlet Aquaculture Association from the Tutka Bay Hatchery. The Tutka Bay Hatchery has pinks returning to it as well. F.R.E.D. Division plants coho salmon in Caribou Lake at the head of the bay, creating a dip net fishery in Fox Creek. Bear Cove is a possible future salmon release site. Nearshore waters in Seldovia Bay serve as a rearing area for pink, coho and king juvenile salmon. Pink and chum fry rear in Tutka Bay for most of the summer. Pink fry and sockeye smolt rear in China Poot Bay in late spring and summer. Pink fry rear in Halibut Cove Lagoon in early summer. Many areas of Kachemak Bay support "feeder" king salmon populations. These immature salmon utilize Kachemak Bay waters for rearing areas, feeding on Pacific sand lance, herring, smelt, and shrimp throughout the entire year. Eulachon - Eulachon (Thaleichtys pacificus), more commonly called "hooligan," are found in the waters of Cook Inlet where they are an important prey species for larger marine fish, salmon, and marine mammals. A-11 found in the "deep hole" off Yukon Island in February and March where they remain until March and April. At that time, females drop their eggs and disperse through the bay. The most abundant species is the pink shrimp. Sidestripe shrimp also inhabit portions of the gut throughout the year (Al Kimker, pers. commun.). Humpy shrimp appear to be periodically present in the bay in larger numbers in the fall and spot shrimp are found in nearshore waters along rocky substrate. Shrimp populations in the bay have greatly declined in recent years (ADF&G 1985). Clams and Mussels - Razor clams (Siliqua patula and alta), redneck or surf clams (Spisula polynyma), soft-shelled clams (Mya spp), littleneck clams (Protothaca staminea), butter clams (Saxidomus gigantus), gaper clams (Tresus capax), blue mussels (Mytilis edulis), and cockles (Clinocardium nuttallii) are found in abundance in Kachemak Bay. Razor clams (first described in 1788 from specimens found near Mud Bay) are found intertidally from four feet above mean low water level down to several fathoms depth on surf swept and somewhat protected beaches of the open ocean. Minor razor clam concentrations are found from Anchor Point to Homer Spit and on McDonald Spit in Kasitsna Bay. Razor clams spawn when water temperatures reach 55°F, usually in July. Free swimming larvae settle out on beaches after five to sixteen weeks. Butter clams favor a mixed gravel-sand-mud beach, spawning occurs at 68°F. Larvae settle out after 20-30 days. Littleneck clams can be found in the lower intertidal region on protected gravel beaches. Cockles are found both in intertidal areas and deeper waters, prefer a mixed sand-mud bottom, and are often found in eelgrass beds. Surf clams are found on more exposed high energy portions of the coast. Kachemak Bay has a substantial population of soft- shelled clams. Soft-shelled clams are usually found in areas of mixed sand and mud or mud and gravel where salinity is reduced by an influx of fresh water. Blue mussels are found attached to rocky substrate on both exposed and protected coasts from the upper intertidal area down to as deep as 90 fathoms, but are usually found in intertidal and subtidal nearshore waters. Horse mussels (Modiolus modiolus) occur in thick beds subtidally along Archimandritof Shoals. Birds Two hundred thirty-one species of birds have been identified on and around Kachemak Bay (Erickson and West 1992) (Table 1). Kachemak Bay is the most important marine bird habitat in lower Cook Inlet (Erikson 1977), and there are no comparable areas in upper Cook Inlet. During winter months over 90% of the marine birds in lower Cook Inlet are found in Kachemak Bay (Erikson 1977). Few birds inhabit the offshore waters of lower Cook Inlet in winter, and the extensive inshore ice in the upper inlet and along the western shore is avoided by most marine birds. Kachemak Bay is also important for its productive intertidal areas and nearshore, subtidal waters. The bay is also important for feeding, nesting, rearing, and migratory staging throughout the year. The inner A-14 Kachemak Bay coastline has an estimated total year-round density of 679 birds/mile? (Arneson 1980). Bird distribution and abundance is summarized by Erikson (1977, 1989, and Table 1). In addition, West (1991a) recently compiled an annotated checklist of birds and suggested birding areas in the vicinity of Kachemak Bay. The birds of Kachemak Bay and Fox River Flats have been studied more than in most parts of Alaska due to concerns over oil and gas development and the Bradley Lake Hydroelectric Project. These studies are summarized below. Waterfowl - Sea ducks are the most abundant group of birds in Kachemak Bay (Tables 2 and 3). Dabbling ducks, geese, and swans are the most common waterfowl on the Fox River Flats. The most common ducks on the Fox River Flats are mallards and common mergansers (Krasnow and Halpin 1981). Canada geese are the most numerous geese (Tables 4 and 5). Snow geese, white-fronted geese, and brant have also been sited in the spring. Fox River Flats is the major spring staging area for geese and ducks in Kachemak Bay (Erikson 1977). Geese feed primarily along the southern boundary of the Fox River Flats Critical Habitat Area and on the Martin River delta (Erikson 1977). Krasnow and Halpin (1981) found geese primarily in the intertidal marsh between Swift Creek and Bradley River. Mallards congregate on the southern edge of the Martin River delta as soon as ice melts (Krasnow and Halpin 1980). At high tide in both spring and fall, up to several thousand mallards, pintails, scoters, and mergansers congregate offshore between Swift Creek and Fox River. China Poot Bay is another important staging area for ducks (Erikson 1977). Beluga Slough is one of the first areas available to early migrants (Erikson 1977). Mud Bay also attracts early spring migrants. However, neither Beluga Slough nor Mud Bay are main staging areas for migrating waterfowl. Scoters are one of the most numerous ducks in spring and this is reflected in their predominance in prehistoric middens on Chugachik Island. Goose and swan remains were not found on Chugachik Island although they were "very plentiful" in a midden on Yukon Island (de Laguna 1975: 31, cited in Yesner 1977). Arneson (pers. commun. in Yesner 1977) hypothesized that geese avoided the inner bay in winter due to slush ice and poor food availability. Fox River Flats is also the major waterfowl breeding area in Kachemak Bay (Erikson 1977), primarily because nesting habitat is scarce along the fjords and eroding bluffs which border most of the -bay. Waterfowl production on the Flats is poor probably because much of the available nesting habitat is flooded by monthly tides of 21 or 22 feet (Timm 1977). Of all the large coastal marshes in Cook Inlet, only Chickaloon Flats has a lower density of breeding waterfowl (Timm 1977). Few, if any, Canada geese nest in the A-15 Anchor BY Landing 92-W 132 Tao e:. Seldovia he Seaplane Poder 1s Bald * ~ < “Mountain ee Ye Beaver = Chupachik Island Ji Bear Island * Se - . ‘Ohlsorky eyoct — \at ter Mtn’ ~ Sts odkout . , > | Crees »Maunfain «+ +” . By he — a | Xs ee, \, Crossman Ridpe—J2 yLoidi Ee we 4 > Ismailof ls Peterson. ISlamad= a vf China Poot\ Ban eg 7 a LT Feld \ \ India ‘\\ Village —— LAR” eel cere FIG. 3. NAVIGATIONAL AIDS IN KACHEMAK BAY CRITICAL HABITAT AREA Taken from: U.S. Coast Guard, 1991. “Light List Vol. VI Pacific Coast and Pacific Islands”. 1. Anchor Point Light 2. Homer Spit Light 3. Homer Breakwater Light 4. Archimandritof Shoals Light Bouy 5. Halibut Cove Light 6. Halibut Cove Day Beacon 7. Gull Island Light 8. Sixty Foot Rk (Cohen Island Rock) Light 9. Tutka Bay Entrance 10. Seldovia Bay Light 11. Lighted Buoy 12. Lighted Bouy 13. Light 3 14. Seldovia Dock Lights 15. Bouy 16. Seldovia Breakwater Light 17. Pt. Pogibshi Light Parks and Outdoor Recreation.) The road from Seldovia to Jakolof Bay also provides access to Kachemak Bay at Outside Beach and at Jakolof Bay. EXISTING HUMAN USES Commercial Fishing Both set gillnets and purse seines are used to commercially harvest salmon in Kachemak Bay. There are only five beach areas along the southern shore of Kachemak Bay where set gillnets are allowed (see map). The limited area provides only enough productive fishing sites to accommodate approximately 25 permits. Commercial set gillnet fishing in the Southern District of Lower Cook Inlet (Kachemak Bay and waters south to Elizabeth Island) averaged an annual catch of 51,850 fish from 1960-1989. The purse seine fishery in the Southern District harvests approximately eight times more salmon than does the set gillnet fishery. Purse seine fishing sites in Kachemak Bay are divided into eight major subdistricts (Figure 4). The Tutka Bay, China Poot and Halibut Cove Subdistricts produce the highest catches. In 1991, 436,962 salmon of all species were caught in the Southern District commercial salmon fishery. Value of the fishery is shown in Table 13. A herring fishery (processed as salted herring) was strong in the early part of the century. Sac roe herring have historically been harvested in Kachemak Bay in the spring, however, in 1979 that fishery was terminated due to poor stock conditions. A commercial harvest was once again allowed in 1989 dauring which 10 vessels harvested 171 short tons in one 2.5 hour opening in Mallard Bay. Since that time, herring abundance has not been sufficient to allow a commercial harvest. Pacific cod, halibut, sablefish, pollock, rockfish, and lingcod are commercially caught using jigs, longlines, and some limited use of pot gear. In Cook Inlet, Pacific cod are the primary ground fish harvested (over 98% of the catch since 1990) (Bill Bechtol, pers. commun.) with halibut a far distant second. The harvest of octopus in the Southern District has historically occurred incidental to other directed fisheries such as the commercial Tanner crab fishery. An increased amount of interest in directing effort specifically towards octopus has occurred in recent years, but actual effort has been minimal and resultant harvest negligible. In 1991, both the incidental and directed harvest of octopus for the Southern District was 1,497 pounds for 5 vessels. Historically, Kachemak Bay supported large commercial pot fisheries for king, Tanner and Dungeness crabs. Currently, due to a steep decline in crab populations, the fisheries have either been closed or are a fraction of their former size. In 1991, the commercial Tanner crab harvest for the Lower Cook Inlet Southern District totalled 271,379 lbs. and was taken by 68 vessels during two A-27 8e-W ne . 7 ™_. 7 Subdistrict Neptune Bay Subdistrict - (241-16 (241-10) Peteson alamo «| Ne Ur ag HOF er ANS Kk A Cc F rN Lea Halibut cove fo x\ * Lagoon o Cohen Islands y pi dracon \G China Yoo ~~ Subdistrict Tutka Bay ~~ Soy ager Mey rol So tek (944-08) Subdistrict beyukon?_ |S YA China Poot (241-16) : ~ Subdistrict 7 Sud, 4 Barabara Creek c----= Grase mina , Rea98) Figure 4. Subdistrict Zara Pow PL Hern ; NN (241-18) oe SOUTHERN DISTRICT SALMON Selaowa Posy MANAGEMENT SUBDISTRICTS 7 Yi “ Pot aastimn gif af Settis ww Ge AR NMS Subdistrict y i eaters Boundary Aue .. Seldovia Point Posiesh beet hs ee. ( Source: Subdistricts of the Lower Cook congo \ Inlet Salmon Management Area, Alaska Seldovia Bay ' Dept. of Fish and Game, April 1992. Subdistrict — India =a Mile - Village — . (241-17) we Te Gaging Sia oe? ' a SCALE wana i = a Bald . “Mountain Ohlso twitter Mtn Creep i Mountain.» | « °y Crossman. Ridge Sf WV Humpy we > <A Creek M illers Landing > Subdistrict North Shore > “(24i- 14) Subdistrict ><“ — —— ( % eifey (241-13) Hatibut Cove - 12 hour openings a ten fold decline from its historic high (Table 14). There is no longer a king crab fishery in the Southern District (Table 15). Department research indicates that the number of catchable crabs is at an historical low and it will be at least several years before the population could be expected to increase enough to allow any kind of fishery. The commercial Dungeness crab fishery was also recently closed due to a depressed crab population. Historically, the annual Dungeness crab fishery in the Southern District was as large as 2.1 million pounds (1979) and as many as 108 mostly local vessels (1982) have participated. In 1990, the last year the commercial fishery was open, a total of 28,938 lbs. was harvested by less than 23 vessels (Table 16). Historically, the commercial trawl shrimp fishery in Kachemak Bay has harvested primarily pink shrimp with sidestripe shrimp making up a significant portion of the catch (Table 17). Humpy shrimp periodically comprised up to half of the harvest. Coonstripe shrimp made up less than 5% of the catch. Two areas have regularly closed to the commercial shrimp trawl fishery, the area in the bay north of a line drawn between the end of Homer Spit and Glacier Spit and the waters south of a line connecting the end of McDonald Spit to the north side of Yukon Island and Anisim Point. Historically, the fishery harvested as much as 6 million pounds annually, but by the mid 1980s was producing a million pounds or less. Due to depressed stocks, the commercial trawl shrimp fishery was closed in 1990-91. Commercial pot shrimp fishing in Kachemak Bay is primarily undertaken by small vessel fisherman. The target species is coonstripe shrimp, the most abundant pot shrimp species in Kachemak Bay. Spot shrimp are also taken. This fishery is currently closed due to severely depressed stocks but hit an historical high of 800,000 lbs. (1973-74) and 600,000 lbs. (1977-78) before falling off to less than 100,000 lbs. in the mid to late 1980s. Commercial harvest of hardshell clams and mussels was not well documented prior to 1986. Since 1986 Chugachik Island, Halibut Cove Lagoon, Kasitsna Bay, Jakolof Bay, and Tutka Bay have been certified for commercial harvest. Initially, the majority of the harvest came from the Chugachik Island area, but the Jakolof/Kasitsna Bay area_ has subsequently became equally important. Prior to 1989 only 102 lbs. of blue mussels were taken. However, in 1989 over 167,000 lbs. were harvested primarily for otter food for the rehabilitation of the Exxon Valdez oil spill damaged sea otters. Blue mussel harvest data is not available for 1990 or 1991. However, available harvest data indicates that in 1990 seven permit holders took 18,956 pounds of Pacific littleneck clams from Chugachik Island area, and in 1991 five permit holders took 15,349 pounds of Pacific littleneck clams from the same area. In Kasitsna Bay, Jakolof Bay and Tutka Bay, twelve permit holders took 16,738 pounds of Pacific littleneck clams in 1990, and sixteen permit holders took 32,137 pounds of Pacific littleneck clams in 1991 (Richard Gustafson, pers. commun.) . A-29 Sport Fishing All five species of Pacific salmon are caught by sport fishermen in Kachemak Bay (Table 18). From mid-May to early July local anglers often troll for king salmon along the southern shore of Kachemak Bay, with particular focus on kings returning to Halibut Cove Lagoon. The "Fishing Hole", located on the east side of the Homer Spit, is also a popular king salmon sport fishing spot. Both the Halibut Cove Lagoon and the Homer Spit king salmon fisheries are the result of recent annual department enhancement efforts (Tables 19 & 20). In addition, recently developed king salmon enhancement in Seldovia Bay has resulted in a significant sport fishery. A year-round "feeder" king salmon fishery has been developing in the Kachemak Bay area in recent years. These rearing immature Salmon are caught by sport fishermen using mid-deepwater trolling techniques. Although these fish are consistently caught during the winter months, they can be taken throughout the entire year. From late June to mid-August pink salmon are caught in Tutka Lagoon and also on Homer Spit, both the result of department enhancement efforts. Approximately 2,000 pink salmon each year are estimated to have been harvested in both Tutka Lagoon and Homer Spit by sport fishermen in the 1990s. From early July to mid-August, sockeye (red) salmon are caught in China Poot Bay prior to entering China Poot Creek, also the result of a department enhancement project. During July, a personal use sockeye salmon dip net fishery occurs in China Poot Creek. This fishery provided an estimated 5,000 fish to sport and personal use fishermen in 1991 (Table 21). Good coho (silver) salmon fishing can be found in Seldovia Bay from early August to mid-September; the result of a department stocking project in Seldovia Lake. An enhanced coho run returns to Fox Creek at the head of the bay. There were 578 personal use permits issued in 1990 to fish this run. From March through late September, Pacific halibut support the most popular sport fishery in Kachemak Bay, with most fishing occurring between Anchor Point and the end of Homer Spit in depths of 50 to 200 feet. Harvest has increased ten-fold in the past 15 years and now approaches 100,000 fish taken annually (Table 22). Nearly 65% of the catch is now taken by sport fishing charter boats (Dave Nelson, pers. commun.). Dolly Varden fishing is best from mid-May to mid-July for both shore fishermen and trollers. Rockfish and lingcod are caught in rocky kelp bed coasts especially west of Seldovia Bay. Creel surveys of vessels operating out of Homer estimated over 1,900 lingcod were harvested in 1991 (Meyer 1992). Clams can be found on beaches throughout Kachemak Bay. Homer Spit is one of the more accessible beaches on the bay. Cockles are available in the Mud Bay area on the east side of Homer Spit. The west side of the spit supports a small population of razor clams. A-30 Dungeness crab and shrimp are caught in pots along the south shore of the bay (Table 23). Personal Use Fishing Historically, personal use fisheries in Kachemak Bay have targeted coho salmon, with returning fish a mixture or natural stocks bound primarily for the Fox River drainage at the head of the bay, and enhanced runs bound for the Homer Spit fishing lagoon and Fox Creek at the head of the bay (ADF&G 1992). There are three personal use fisheries in Kachemak Bay. The fall personal use set gill net fishery is concentrated on the north side of the Bay and targets coho salmon; the China Poot dip net fishery, occurring in July, targets sockeye. The Fox Creek dip net fishery first occurred in 1991 and harvests stocked coho salmon which originate in Caribou Lake (Dave Nelson, pers. commun.). Sport Hunting Most sport hunting in the two critical habitat areas occurs on the Fox River Flats and in several bays along the south shore. Existing public use of the Fox River Flats is dispersed and undeveloped. The main activities are sport and subsistence hunting and trapping. Waterfowl, black bear, and moose are the most popular game species. Mallards comprised one-third of the average annual harvest of all waterfowl species in Kachemak Bay during the last decade (Table 24). Scoters, goldeneyes, and buffleheads are also frequently harvested. Diving ducks are taken almost as often as dabbling ducks. Not many geese are harvested in Kachemak Bay. Waterfowl hunting is the most popular recreational activity on Fox River Flats and it follows the pattern of many Cook Inlet refuges. Hunting pressure is heaviest on opening day, with noticeable increases in hunting activity on subsequent weekends and light, but relatively constant use, on weekdays (Krasnow and Halpin 1981). Motor boats are the major means of transportation used by waterfowl hunters. Unlike refuges further north, however, the Fox River Flats provides excellent duck and goose hunting late in the season (Havens 1970). Waterfowl hunting pressure is weather-dependent, because boat access and migration patterns are. China Poot Bay is another popular waterfowl hunting area (Table 25). Ducks overwinter in China Poot, and it is the closest saltwater marsh to Homer Spit in which hunting is allowed. In 1988, China Poot Bay hosted almost half of the hunter-days in Kachemak Bay, and hunters tended to have greater duck-hunting success there. Other popular areas in Kachemak Bay are Bear Cove, Mallard Bay, and McKeon Flats (G. Del Frate, pers. commun.). Sea ducks are hunted from late October through December along the coast from layout boats and promontories. A-31 Before construction of Bradley Lake hydroelectric project on one side of Fox River Flats Critical Habitat Area and the nearby village of Kachemak Selo on the other, moose hunters were attracted to the area by its remote and undeveloped setting and relatively high chance of encountering a trophy bull (Holdermann 1982). Hunting pressure is now heavy near Kachemak Selo and moderate on the east side of the critical habitat area. All-terrain vehicles are the primary means of transportation; access into the critical habitat area is facilitated by the Fox River Flats trail. Residents of the lower Kenai Peninsula consider the Fox River Flats a good place to hunt black bears. Residents of Kachemak Selo apparently hunt few bears. Most bear hunters reach the flats by boat (Holdermann 1982). Hunting is concentrated around the head of Kachemak Bay and along the major tributaries of the Fox River. Levels of use by sport hunters are not well documented. Sport and subsistence hunting are probably the predominant public uses of Fox River Flats. The northwest side of the Fox River valley can be reached by off-road vehicles, horseback, and boats. The south side of the valley is generally accessible only by boats, because the rivers are difficult to cross and, before the hydroelectric project, there were no landing strips near the critical habitat area on the southeast side (Stone & Webster 1987). Subsistence Hunting Villagers from Port Graham, English Bay, and Seldovia utilize the area around Yukon Island and Tutka Bay for the harvest of seals, sea lions, and sea otter; occasionally harvesting seals at the head of the bay near the mouth of Fox River or where encountered when fishing (Stanek 1985, Reed 1985). All species of ducks and geese are taken by hunters from the three villages, primarily in the vicinity of Seldovia Bay, China Poot Bay and McKeon Flats, Tutka Bay and Fox River Flats. Several species of marine birds, including gulls and puffins, and their eggs are harvested. McKeon and China Poot Flats are often used for harvesting eggs. Black bear, moose, and mountain goats are commonly hunted along the shoreline. Prehistoric middens on Chugachik Island contain at least as many avian remains as mammal remains (Yesner 1977). Waterfowl remains comprise over one-half of the avian remains with seabirds comprising most of the remainder. Trappin Some residents of Kachemak Selo trap intensively on the Fox River Flats Critical Habitat Area for beaver, wolverine, wolf, coyote, and river otter (G. Del Frate, pers. commun.). Red fox and lynx have also been taken by trappers in the area (Lensink 1980), but few if any recently (G. Del Frate, pers. commun.). Snowmobiles are the primary means of transportation. From 1922 to 1932, fox farming was an important industry in the Kachemak Bay area (Klein 1987). In 1929, the Cook Inlet area contained 87 licensed fur farmers, most of them near Kachemak Bay. Fox farming ceased to be A-32 profitable in the early 1940s. Relict buildings often still mark sites of mainland fox farms. One farm was located on the lower Bradley River. Caged silver and blue foxes were fed local foods such as salmon, marine mammals, clams, and mussels, as well as cooked grain. Blue foxes were also released on islands in Kachemak Bay, including Yukon, Hesketh, Cohen, McKeon, and the Herring Islands (Klein 1987). An island of 40-50 acres could support 150 or more feral foxes. These foxes ate nesting birds and their eggs, kelp, mollusks, carrion, and berries. Although they probably decimated the islands' bird populations, as they did throughout the Aleutian Islands, the foxes required supplemental feeding to survive. Livestock Grazing Grazing is currently allowed on a large portion of Fox River Flats under two grazing leases originally issued in the 1950s. A 16,406-acre lease, including much of the upland acreage within the Fox River Flats Critical Habitat Area, allows up to 500 cattle/year. This lease expires in 1994. The smaller lease, 675 acres, of which only 80 acres are in the Fox River Flats Critical Habitat Area, allows not more than 8 to 10 animal units over a five-month use season. This lease expires in 1998. These grazing leases are administered by the Department of Natural Resources. The Fox River Flats Cattlemen's Association estimates they released about 220 cattle on the Fox River Flats and adjacent lands in 1992. They believe that 40 head of livestock, mostly horses, were on the flats in addition to those owned by leaseholders. Aerial estimates of cattle and horses on the flats in spring 1992 ranged from 125-201 cattle and 6 to 29 horses (Table 5); however, many individual animals and small groups were likely overlooked in brushy or wooded areas. Cattle do not reside on the flats year-round. Members of the cattlemen's association move their cattle off the leases in the fall, usually by mid-October, and feed them in enclosures during the winter. In late spring, generally in late April, before the snow and ice melt off major portions of the flats, the cattle are moved back to the leases. At first, cattle tend to graze on and along the base of the steep ridge that bisects the northwest corner of the critical habitat area, because grass returns to that south- facing slope sooner than most areas. Depending on the snow melt and weather conditions, however, they soon move onto the flats. Most of the cattle forage on the west side of the Fox River, with moderate numbers between Fox River and Sheep Creek, low to moderate numbers between Sheep Creek and Bradley River, and few or none east of Bradley River (Del Frate 1992, LaPlant 1992, Sinnott 1992). Windy conditions force the cattle off the flats and into the brush line. The zone between the brushline and the tideline is most heavily grazed (Swanson and LaPlant 1992). Incoming tides force cattle A-33 into this area daily (LaPlant 1992). The stubble height of bluegrasses, Bering hairgrass, and fescue in portions of this zone appear to be less than that recommended in the Soil Conservation Service grazing specification (Swanson and LaPlant 1992). Grass in brushy areas adjacent to the steep ridge in the northwest corner of the critical habitat area is also heavily grazed (Sinnott 1992), perhaps because they green up early or because cattle spend a substantial amount of time in these areas when it is windy. The cattle appear to be contributing to erosion of the flats, but to what extent is unknown. Receding tides allow the cattle to move well out onto the flats to graze on sedges. The daily movements of cattle have resulted in many trails on the flats. Many of the trails parallel the watercourses, which has damaged some streambanks. One of the worst-trampled areas is on both sides of the Fox River; however, as this is a sparsely vegetated mudflat, erosion may not be significantly worse than it would be without livestock (LaPlant 1992). On the other hand, some large gullies have been created by ebb tides eroding cattle trails (LaPlant 1992). Livestock trampling and grazing may also affect use of the flats by waterfowl and other birds. The heavily trampled and grazed zone between the brushline and the mean high tide is where waterfowl and shorebird nesting is most likely to be concentrated (LaPlant 1992). Livestock may also affect the distribution and abundance of geese on the flats. Cattle may enhance use of wetlands by geese by cropping the vegetation so that visibility is increased and more palatable plant sprouts are available (Pehrsson 1988). On the other hand, cattle and geese may compete for the same foods. Furthermore, cattle movements and associated human activities may force geese out of an area. This may have happened in 1992. An aerial survey flown the day after cattle were released on the flats on April 26 found most of the cattle west and most geese east of the Fox River; however, many cattle and geese were located less than one mile from one another (Del Frate 1992). Eight days later, on May 5, the cattle had dispersed throughout the central part of the flats, and the geese had move east of Sheep Creek and to the Martin River Delta. The relationship between livestock and waterfowl on the Fox River Flats needs additional study before firm conclusions can be drawn. Unlike cattle, horses appear to be left on the flats year-round (LaPlant 1992). Because horses browse on twigs and bark in the winter, they may compete for available browse with moose. Marine Invertebrate Gathering Local residents collect clams (littleneck, cockle, razor, horse, surf, macoma, mya, and butter), limpets, blue and horse mussels, scallops, blackkaty and giant chiton, octopus, nucella and hairy triton snails, and sea urchins (Stanek 1985, Reed 1985). A-34 Plant Gathering A variety of plants are taken from the shoreline and intertidal areas of Kachemak Bay, particularly by residents of Seldovia, Port Graham, and English Bay (Stanek 1985, Reed 1985, Russell 1991). Bull kelp, rockweed, and brown sea weeds are harvested from intertidal areas. On shoreline areas, seaside plantain, rye grass, beach pea, wild parsley, and cow parsnip are collected. Wildlife Watching and Education Kachemak Bay is a major recreational destination for both resident and nonresident visitors. Most of these visitors pass through or end up in Homer; therefore, statistics on Homer visitors is indicative of visits to Kachemak Bay. Of the estimated 180,549 Anchorage residents who visited the Kenai Peninsula in 1990, 78% had visited Homer previously, and 25% (approximately 45,000) considered Homer their most frequent destination on the peninsula (Fox Practical Marketing and Management 1991). Most visitors are from Anchorage; about 73% of the road traffic enroute to the Kenai Peninsula is comprised of Anchorage residents. Anchorage residents average over four trips each year; 84% visit Homer most frequently in June, July, and August; 92% drive; fishing is the main reason, put two-thirds of visitor-days are not spent fishing; and they spend about $98/person/trip. Kachemak Bay is a more attractive destination in summer than winter. Surveys have estimated Homer was visited by 99,000 (19% of state total) nonresidents in summer 1989 (McDowell Group 1989) and 15,600 (7% of state total) from fall 1989 to spring 1990 (McDowell Group 1990). With a total of 114,600 out-of-state visitors, Homer was the 12th most visited community destination in Alaska (McDowell Group 1990). Similarly, Kachemak Bay was visited by an estimated 46,300 (9% of state total) nonresidents in summer 1989 (McDowell Group 1989) and 7,700 (3% of state total) from fall 1989 to spring 1990 (McDowell Group 1990). Numbers of nonresident visitors were considerably higher in 1989- 1990 than in 1985 (Data Decisions Group 1986). In summer 1985, Kachemak Bay was visited by 35,600 and Homer by 76,100 nonresidents. However, the proportion of statewide visitors and relative ranking with other communities and attractions remained nearly the same as in the earlier survey. Probably the most heavily visited area in Kachemak Bay other than the Homer Spit is Halibut Cove (ADPOR 1989). Tour boats and water taxis bring many visitors to the community. China Poot Bay, Sadie Cove, Tutka Bay, and the area off Glacier Spit are also heavily used by wildlife watchers, kayakers, pleasure boaters, sightseers, photographers, beachcombers, scuba divers, and day hikers along beaches, in addition to the most common recreational pursuit, sport fishing. A-35 Most Homer residents (85%) have crossed Kachemak Bay to recreate along the south side (Wieland 1991). However, most of the demand for recreational use is from Anchorage or other areas. For example, of 495 private landowners on the south shore of Kachemak Bay, 46% are Anchorage residents, 19% are Homer residents, 26% are other Alaskans, and 10% are nonresidents (Wieland 1991). Over 700 boats are moored in the Homer small boat harbor. Of these, 50% are owned by Homer residents and 22% by Anchorage residents. Of 414 people on the waiting list for a moorage slip in the small boat harbor, 35% have Homer addresses, 28% Anchorage, 9% Soldotna, 8% Kenai, 4% Matanuska-Susitna Borough, 3% Fairbanks, and 13% other Alaskan towns and other states (Wieland 1991). Wieland (1991) surveyed 74 tourism-related businesses (i.e., tours and outfitters, wilderness lodges, other lodging, and education programs), which she believed represented only a fraction of those using Kachemak Bay. Forty businesses (54%) responded to the survey. Most of their clients were out-of-towners; only 8% were Homer residents. Over 200 jobs (mostly seasonal) are estimated to be provided by the 74 businesses contacted. These businesses provided lodging to an estimated one-half million people in the peak season. Estimated total annual income from the 74 businesses in the last two years is over $8.8 million (wilderness lodges $650,000, other lodging $7,000,000, tours and outfitters $1,026,000, and education programs $150,000). These figures are very conservative as the halibut charter industry alone grossed $9 million in 1985 (Wieland 1991). More than 20 local guides, charter, air and water taxi services operate on Kachemak Bay State Park lands and waters, which overlap with the CHA (ADPOR 1989). Guided horse trips occasionally traverse the northwest shore of upper Kachemak Bay in summer and a few sightseers reach the Fox River valley (Stone & Webster 1987). Gull Island is the third largest and most accessible seabird colony in Cook Inlet (Erikson 1977, Nishimoto et al. 1987). Despite the island's small size, it has a large and diverse seabird population. Nine seabird species breed on the island (Nishimoto et al. 1987). The colony is a popular destination for birdwatchers and sightseeing tours. Tour boats come within 6 feet of the island every day in summer (Nishimoto and Thomas 1991). It is also very vulnerable to disturbance from nearby human activities (Erikson 1977). Both Gull Island and nearby Sixty Foot Rock were in the Alaska Maritime National Wildlife Refuge until 1987, when Gull Island was conveyed to the Seldovia Native Association (Nishimoto and Thomas 1991). A recently updated, comprehensive, bird checklist (Erikson 1989) is available for Kachemak Bay and vicinity, and the area is one of few in Alaska with a specific bird-finding guide (West 1991a). A-36 The Center for Alaska Coastal Studies in Peterson Bay, which is operated by the China Poot Bay Society, conducts field trips to China Poot. Aquatic Farming In 1983, the first permit for aquatic farming in Kachemak Bay was issued for a blue mussel raft in Halibut Cove Lagoon. A total of nine permits for blue mussels are currently in effect in Halibut Cove Lagoon. Because shellfish mariculture operations in Halibut Cove Lagoon are also located within the Kachemak Bay State Park waters, they are addressed in a special and temporary act of the legislature which allows for shellfish mariculturalists permitted in Halibut Cove Lagoon as of June 22, 1990 to continue in a 20 acre area. There are now aquatic farm operations approved or pending approval in Halibut Cove, Peterson Bay, Jakolof Bay, Little Jakolof Bay, Kasitsna Bay, and near Herring and Cronin islands. Depending upon the terms of each permit, species authorized to be grown on these farms are blue mussels, Pacific oysters, scallops, clams, sea urchins, sea cucumbers, and kelp. Currently, all ADNR aquatic farm permits outside the state park can convert to leases after three years if the terms of the permits are met. Suitable sites for aquatic farming are limited by wind, waves, water depths, ice conditions, water quality, and technological constraints. Harbors, Docks, Piers, Boat Ramps, and Piling Supported structures At present there are two major harbors in Kachemak Bay; the Homer Small Boat Harbor and the Seldovia Small Boat Harbor. Those facilities serve both commercial and recreational needs and are composed of solid fill breakwaters and piling with floating docks. There are also public docks (piling with floating docks) at Jakolof Bay and Halibut Cove. State Parks maintains a floating dock at the head of Halibut Cove Lagoon. Scattered through the bay are over 300 floats or docks that are privately owned. Most of these are located in the vicinity of Homer Spit or between Bear Cove and Seldovia Bay. A barge docking facility is located at the Bradley Lake Hydropower Project site. Log Storage/Transfer Facilities In the late 60's, the State of Alaska sold a large tract of timber in the Rocky River area for Japanese export. All of these logs were transported to a cant mill located in Jakolof Bay for milling. The logs were bundled, rafted, stored in water, then towed to Kasitsna Bay where they were loaded on the Japanese vessel. The timber in the sale area was harvested through the 70's and the land eventually turned over to the Seldovia Native Association. By 1983, lumber hauling ships were no longer scheduled for Kasitsna and the Jakolof sawmill was converted to a dimension lumber mill. The other major logging operation occurred in Seldovia Bay on native owned land. About 2 million board feet of logs were A-37 harvested, bundled, and stored on dry land adjacent to upper Seldovia Bay while a market was located. Prior to the pending purchase of timber rights on the south side of Kachemak Bay by the State of Alaska in 1993, construction of a 1,200 ft. solid fill jetty/ramp into the bay at McKeon Flats and a second ramp near the mouth of Peterson Bay for the purpose of storing logs in water had been discussed. It had been proposed that the logs would be towed across Peterson Bay to a 10-acre in- water storage area from which the logs were proposed to be loaded on a ship for export. Pipelines and Utility Lines Major wastewater sewage disposal sites are located in Kachemak Bay waters near Homer and Seldovia. The system serving the City of Homer and Kachemak City has a secondary treatment plant for sewage. The outfall is located at minus 10.18 foot tide level MLLW near the outlet of Beluga Lake and extends 2200 feet offshore. Sewage in Seldovia is collected and discharged directly into outer Seldovia Bay just north of Wade Point with primary treatment achieved through a community septic tank. The outfall pipeline extends 700 feet from shore to minus 11 MLLW. Seafood waste processing outfalls are found in the Homer small boat harbor. There are numerous individual wastewater-sewage disposal systems around the perimeter of Kachemak Bay. Present Alaska Department of Environmental Conservation regulations permit the discharge of treated sewage wastewater into the marine environment from DEC approved systems. An underwater electrical transmission line crosses Seldovia Bay and one crosses Kachemak Bay between Homer Spit and China Poot Bay. Overhead electrical transmission lines cross Halibut Cove, China Poot Bay, Tutka Bay and Jakolof Bay. Several private water lines are found on the south side of the bay. Mineral Resource Extraction Currently there are no mining claims or mining leases within the critical habitat areas. However, some tide and submerged lands within Kachemak Bay Critical Habitat Area have been staked and applied for under the offshore prospecting permit program (OPP). Soft sub-bituminous coal is found in seams along the north shore of Kachemak Bay and in Mud Bay. Historically, the bluffs along the north shore of Kachemak Bay have been explored for coal with shafts sunk at McNeil and Eastland Canyons. Coal Bay was given its name because of its underlain coal beds and in the 1890's was claimed then abandoned by the Alaska Coal Company. No recent interest has been expressed in commercially mining coal in Kachemak Bay although residents regularly pick up loose coal on the beaches for home use. In the past, the mouth of Anchor River has been mined for gold. A-38 Gravel and riprap rock are in constant demand in the Kachemak Bay area for maintenance of highways, driveways, development projects, and erosion control. Materials source sites are particularly scarce in this area. In the past, use of beach areas as a material source for small projects has taken place on a regular basis without the required permits. In the past, material (sand and gravel) has also been "borrowed" off of Homer Spit. After the subsidence of Homer Spit as a result of the 1964 earthquake, gravel removal was discontinued. The Sadie Cove quarry on the south side of the bay is no longer in use but once included tidelands as well as uplands and provided one of the few sites where riprap was available. Because the site is now within Kachemak Bay State Park and has been reclaimed, its use is no longer an option. Over 1,200,000 cubic yards of gravel was removed from the Martin River Delta for use in the Bradley Lake Hydro project. This site was then reclaimed to provide for enhanced habitat of fish and wildlife. No material extraction is currently occurring or proposed for either Kachemak Bay or Fox River Flats Critical Habitat Areas. Tide and submerged lands within Kachemak Bay State Park have been withdrawn from the public domain and are not available for material extraction. Shoreline Alteration In all, there are over seventy shoreline stabilization projects evident around the perimeter of Kachemak Bay. Homer Spit and McDonald Spit have experienced shoreline erosion in the wake of subsidence caused by the 1964 earthquake. An artificial reef to enhance fish habitat has been proposed for Archimandritof Shoals (Herbert, 1991). Oil and Gas Due to the extraordinary abundance and diversity of marine life in Kachemak Bay and the hazard posed by oil spills in the marine environment, leases for the purposes of oil and gas exploration or development are not allowed in Kachemak Bay as per AS 38.05.184. Although Fox River Flats has never been leased for oil and gas exploration and development, there is no statutory prohibition on issuance of oil and gas leases on Fox River Flats. Oil Drilling Rig Storage Two oil drilling rigs have been stored in Kachemak Bay in the past. The George Ferris was stored off the Homer Spit in 1976, became stuck in the mud, and the legs had to be freed with explosives. The Rowan Middleton was stored in Peterson Bay during the winter of 1984/1985 without similar incident. A-39 Hazardous Materials In the past, small scale experiments have been conducted on the effect of oil in the marine environment in Kachemak Bay. The Department has from time to time received reports of old car. batteries and other potentially hazardous junk being discarded in the critical habitat areas. INFORMATION NEEDS Baseline Clam and Mussel Surveys Although abundant clam populations make Kachemak Bay a popular commercial as well as sport/personal use clam and mussel harvest area, there are no comprehensive surveys of clam or blue mussel distribution and abundance along the shores of Kachemak Bay. As pressure on the clam resources of the bay increases, adequate baseline data with which management decisions can be made becomes ever more essential. Baseline Water Quality Data Water quality monitoring at strategic points around the bay is needed to determine if and when there is a water quality problem. A water quality monitoring program would not only help manage critical fish and wildlife habitats, it would also help maintain water quality for industries such as mariculture and fishing which depend upon clean water. Crab and Shrimp Surveys Habitat use patterns of three species of crab (king, Tanner, and Dungeness) and five species of Pandalid shrimp in Kachemak Bay are not well documented. Because of the depressed numbers of these populations in the bay, all habitats may not currently be fully utilized. Never-the-less, surveys are needed to better document use of various portions of the bay during various seasons. Livestock Grazing on Fox River Flats The compatibility of grazing livestock and wildlife populations, primarily waterfowl, should be examined, including construction of small livestock exclosures, to determine the effects of livestock grazing on vegetation. Work with the Soil Conservation Service and Department of Natural Resources to develop range management which will maintain critical habitat area values should continue. A-40 LITERATURE CITED Alaska Department of Fish and Game, 1985. Alaska Habitat Management Guide. Southcentral Region Volume II: Distribution and Abundance and Human Use of Fish and Wildlife. Juneau, Alaska. 1012 pp. Alaska Department of Fish and Game, October 1992. Review of the 1992 Lower Cook Inlet Area Commercial and Subsistence Salmon Fisheries Report to the Alaska Board of Fisheries. Regional Information Report No. 2A92-16, Anchorage, Alaska. 38 pp. Alaska Department of Fish and Game, 1992b. Lower Cook Inlet Area Annual Shellfish Management Report, 1990-1991. Homer, Alaska. 93 pp. Alaska Department of Fish and Game, No date. F.R.E.D. Division, Lower Cook Inlet 1991 Annual Report Summary. Alaska Department of Fish and Game. Alaska Department of Fish and Game. Revised 1991. Sport Fishing in Kachemak Bay. 12 pp. Alaska Department of Fish and Game, Sport Fish Division. November 1990. Lower Cook Inlet Management Report to the Alaska Board of Fisheries. Soldotna, Alaska. 49 pp. Alaska Division of Parks (ADP). 1976. Coastal recreation resources: west Kenai Peninsula, Alaska. Alaska Department of Natural Resources, Anchorage. 199 pp. ------ . 1979. An evaluation of the recreation potential of lands in the Cottonwood and Eastland creeks area. Alaska Department of Natural Resources, Anchorage. 150 pp. Alaska Division of Parks and Outdoor Recreation (ADPOR). 1989. Kachemak Bay State Park management plan. Alaska Department of Natural Resources, Anchorage. 93 pp. Arneson, P. OD. 1980. Identification, documentation and delineation of coastal migratory bird habitat in Alaska. Final report. Prepared for Outer Continental Shelf Office, Bureau of Land Management and National Oceanographic and Atmospheric Administration. 350 pp. Bailey, T. N., A. W. Franzman, P. D. Arneson, and J. L. Davis. 1978. Kenai Peninsula moose population identity study. Alaska Dept. of Fish and Game. 84 pp. Bain, B. 1990. The population size and age structure of the bald eagle on Homer Spit, Homer, Alaska during the winter of 1989. Alaska Maritime National Wildlife Refuge, U. S. Fish and Wildlife Service, Homer. 24 pp. A-41 aa + 1991. The population size and age structure of bald the eagle on Homer Spit, Alaska during the winter of 1990-1991. Alaska Maritime Refuge, U.S. Fish and Wildlife Service, Homer. 22 pp and appendices. Batten, A. R., S. Murphy, and D. S. Murray. 1978. Definition of Alaskan coastal wetlands by floristic criteria. Prepared for the Environ. Protection Agency by Inst. of Arctic Biol., Univ. Alaska, Fairbanks. 490 pp. Bechtol, William R. October 1990. Review of the 1990 Central Region Groundfish Fisheries: Report to the Alaska Board of Fisheries. Alaska Dept. of Fish and Game, Anchorage, Alaska. 13 pp. Bechtol, William R. October 1991. Review of the 1991 Central Region Groundfish Fisheries: Report to the Alaska Board of Fisheries. Alaska Department of Fish and Game, Anchorage, Alaska. 28 pp. Bucher, Wesley A. and Rance Morrison. October 1990. Review of the 1990 Lower Cook Inlet Salmon Fishery: Report to the Alaska Board of Fisheries. Alaska Dept. of Fish and Game, Anchorage, Alaska. 30 pp. ------ - October 1990. Review of the 1990 Lower Cook Inlet Herring Fishery: Report to the Alaska Board of Fisheries. Alaska Dept. of Fish and Game, Anchorage, Alaska. 19 pp. Calkins, D. G. 1979. 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Marine/Coastal Habitat Management, Alaska Dep. of Fish and Game, Anchorage. 29 pp. A-42 Dames & Moore. 1978. Ecology of unconsolidated beaches in lower Cook Inlet. Final rep. Outer Continental Shelf Environ. Assessment Prog. 68:461-629. Data Decisions Group. 1986. Alaska visitor statistics program: patterns, opinions and planning--summer season, 1985. Prepared for Div. of Tourism, Alaska Dep. of Commerce and Economic Development, Juneau. 393 pp. Davis, R. W., and J. Styers. 1990. History of the sea otter rehabilitation centers. Pp. 142-157 in K. Bayha, and J. Kormendy, eds. Sea Otter Symposium. Biol. Rep. 90(12). Fish and Wildlife Service, U. S. Dep. of the Interior, Anchorage. DeGange, A. R., D. H. Monson, D. B. Irons, C. M. Robbins, and D. C. Douglas. 1990. Distribution and relative abundance of sea otters in south-central and southwestern Alaska before or at the time of the T/V Exxon Valdez oil spill. Pp. 18-25 in kK. Bayha, and J. Kormendy, eds. Sea Otter Symposium. Biol. Rep. 90(12). Fish and Wildlife Service, U. S. Dep. of the Interior, Anchorage. Del Frate, G. 1992. 1992 waterfowl surveys. Memo dated June 9 to T. Rothe, Division of Wildlife Conservation, Alaska Department of Fish and Game, Anchorage, Alaska. 7 pp. ENTRIX, Inc., and Stone & Webster Engineering Corporation. 1985. Terrestrial impact assessment report: Bradley Lake Hydroelectric Project, Bradley River, Kenai Peninsula, Alaska. Prepared for Alaska Power Authority and Federal Energy Regulatory Commission. Erikson, D. 1977. Distribution, abundance, migration and breeding locations of marine birds: lower Cook Inlet, Alaska, 1976. Vol. VIII. Environmental studies of Kachemak Bay and lower Cook Inlet. Marine/Coastal Habitat Management, Alaska Dep. of Fish and Game, Anchorage. 182 pp. Erickson, D. E., and G. C. West. 1992. Checklist of Birds of Kachemak Bay, Alaska (Pt. Pogibshi to Anchor River). Center for Alaskan Coastal Studies. Fox Practical Marketing and Management. 1991. 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Distribution and abundance of larvae of king crab Paralithodes camtschatica, and Pandalid shrimp in Kachemak Bay area, Alaska, 1973 and 1976. NOAA Tech. Rept. NMFS SSRF - 765. 64 pp. Herbert, Steve. 1991. Letter to ADF&G Habitat Director Frank Rue regarding Artificial Reef Archimandritof Shoals, Homer Spit, Alaska, dated October 20, 1991. Hinton, R.B. 1971. Soil Survey of Homer-Ninilchik area, Alaska Soil Conservation Service, U. S. Dep. of Agriculture. 48 pp. and maps. Holderman, D. A. 1982. An assessment of the impact of the Bradley Lake Hydroelectric Project on selected wildlife populations. Unpubl. rep. Alaska Dep. of Fish and Game, Homer. Hood, D. W. and S. T. Zimmermann. 1986. The Gulf of Alaska physical environment and Biological Resources. U. S. Dep. of Commerce, National Oceanic and Atmospheric Administration and U. S. Dep. of Interior, Minerals Management Service. Johnson, J. S., R. L. MacCampbell, and D. Stephens. 1989, Kachemak Bay State Park management plan. 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Birds of Kachemak Bay, Alaska (Point Pogibshi to Anchor River) (Erikson 1989). Species Spring Summer Fall Winter Status Red-throated Loon c U Cc U r/m b Pacific Loon Cc U c wr /m Common Loon c c c c rsB Yellow-billed Loon R R R R wr Horned Grebe c U c c r/m b Red-necked Grebe c c c c r/m B Northern Fulmar U c c sr Pink-footed Shearwater R Vv Flesh-footed Shearwater R v Sooty Shearwater U c Cc Vv Short-tailed Shearwater c AC Cc Vv Forked-tailed Storm-petrel R U U sr Leach's Storm-petrel R sr Double-crested Cormorant U U U R rb Brandt's Cormorant R v Pelagic Cormorant c Cc Cc Cc rB Red-faced Cormorant c c c R rB Great Blue Heron R R R R v Tundra Swan U U m Trumpeter Swan U R U sr/m B Greater White-fronted Goose U U U m Snow Goose R U m Emperor Goose AC Vv Brant U R m Canada Goose c U Cc m Green-winged Teal Cc Cc Cc R sr B Mallard c c Cc c r/m B Northern Pintail Cc U Cc sr/m B Blue-winged Teal R R m Northern Shoveler c U U R m Gadwall U R R m Eurasian Wigeon U v American Wigeon c Cc Cc sr/m B Common Pochard Ac Vv Canvasback U AC m Redhead U R m Ring-necked Duck R m Tufted Duck AC Vv Greater Scaup c c Cc c r/m B Lesser Scaup R m Common Eider Cc c Cc c rB King Eider U R R wr A-51 American Coot Sandhill Crane Black-bellied Plover Lesser Golden Plover Semipalmated Plover Killdeer Black Oystercatcher Greater Yellowlegs Lesser Yellowlegs Solitary Sandpiper Wandering Tattler Spotted Sandpiper < sr/m B sr/m B sr sr sr ow sr sr B Species Spring Summer Fall Winter Status Steller's Eider R c c wr Spectacled Eider AC v Harlequin Duck c c c c rB Oldsquaw c R c c wr Black Scoter c c c c r/m B Surf Scoter c c c c r/m White-winged Scoter c c c A r/m Common Goldeneye c c c c rB Barrow's Goldeneye c c c c r/m B Bufflehead c R c c r/mb Common Merganser c c c c rB Red-breasted Merganser U U U U rB Osprey R R R m Bald Eagle c c c A rB Northern Harrier U U U R sr B Sharp-shinned Hawk c Cc Cc Cc rB Northern Goshawk c c c c rB Swainson's Hawk R R m Red-tailed Hawk U U U sr B Rough-legged Hawk U U U sr B Golden Eagle R R R sr b American Kestrel R R R m Merlin R R R R m Peregrin Falcon U R R R m Gyrfalcon R R R R wr Ring-necked Pheasant R R R R rB Spruce Grouse c c c Cc rB Willow Ptarmigan c c c Cc rB Rock Ptarmigan c Cc Cc c rB White-tailed Ptarmigan U U U U rb A Cc Cc Cc c R Cc U R Cc c c Whimbrel Bristle-thighed Curlew Hudsonian Godwit WDRBANQNAWGCAW ANA A A-52 Wwaaawanq WANN Aa sr/m Species Spring Summer Fall Winter Status Bar-tailed Godwit Marbled Godwit Ruddy Turnstone Black Turnstone Surfbird Red Knot Sanderling Semipalmated Sandpiper Western Sandpiper Rufous-necked Stint Least Sandpiper Baird's Sandpiper Pectoral Sandpiper Sharp-tailed Sandpiper Rock Sandpiper Dunlin Stilt Sandpiper Short-billed Dowitcher Long-billed Dowitcher Common Snipe Red-necked Phalarope Red Phalarope Pomarine Jaeger Parasitic Jaeger Long-tailed Jaeger Common Black-headed Gull Bonaparte's Gull Mew Gull Ring-billed Gull Herring Gull Thayer's Gull Slaty-backed Gull Western Gull Glaucous-winged Gull Glaucous Gull Black-legged Kittiwake Red-legged Kittiwake Ross' Gull Sabine's Gull Ivory Gull Caspian Tern Royal Tern Arctic Tern Aleutian Tern White-winged Tern Common Murre Thick-billed Murre Pigeon Guillemot Marbled Murrelet Q QPAQ BAAGCHANANAG ANA GWN YPNAGwWaANnNnrPG QqcPY Q9Q PF» Aan A-53 aqwmaaw aqwmarrna Q araapaAaxnaanaad Gq Gq anawmnan mHAaaAAG > qaqgnw Q ach > PAWANQ WD nw QNAPAYrAD AC wa aa caYr proaw Qaaqgna sr/m sr B n 4 wo R<<<h <a <<s5335<¢ w o ns KK w w RRER SCHUH ddd 4 RA ow w ww Species Spring Summer Fall Winter Status Kittlitz's Murrelet c c c R rb Ancient Murrelet R R R R sr b Cassin's Auklet R R Vv Parakeet Auklet R v Crested Auklet R R v Rhinoceros Auklet R v Tufted Puffin c c Cc sr B Horned Puffin c c c R sr B Morning Dove AC AC v Great Horned Owl c c c Cc rB Snowy Owl R wr Northern Hawk-Owl R R R R sr b Great Grey Owl R R R R rb Short-eared Owl U U R R sr B Boreal Owl U U U U rb Northern Saw-whet Owl U U U R rB Common Nighthawk R R Vv Rufous Hummingbird R U v Belted Kingfisher c c c c rB Red-breasted Sapsucker R v Downy Woodpecker U U U U rB Hairy Woodpecker R R R R rb Three-toed Woodpecker U U U U rb Black-backed Woodpecker R r Northern Flicker R R U U r Olive-sided Flycather R U U sr B Alder Flycather U c c sr B Say's Phoebe R R R m Horned Lark R U U R sr b Tree Swallow c c c sr B Violet-green Swallow c c c sr B Bank Swallow c c Cc sr B Cliff Swallow c c c sr B Gray Jay c c c c sr B Steller's Jay c c c c rB Black-billed Magpie c c Cc Cc rB Northwestern Crow c c c c rB Common Raven Cc c c Cc rsB Black-capped Chickadee c Cc Cc c rB Boreal Chickadee Cc Cc c Cc rB Chestnut-backed Chickadee R Vv Red-breasted Nuthatch Cc Cc Cc c rb A-54 Species Spring Summer Fall Winter Status Brown Creeper c c Cc c Z| Winter Wren c c c Cc rB American Dipper c c c c rB Golden-crowned Kinglet c c Cc Cc rB Ruby-crowned Kinglet c c c R rB Northern Wheatear R R R m Gray-cheeked Thrush U U U sr B Swainson's Thrush c c c sr B Hermit Thrush c c c sr B American Robin c A A U sr B Varied Thrush c A c U sr B Yellow Wagtail R v Water Pipit c c c R sr b Bohemian Waxwing R c c m Northern Shrike U U U U rB European Starling R Vv Orange-crowned Warbler c c c sr B Yellow Warbler oc c Cc sr B Yellow-rumped Warbler c c c sr B Townsend's Warbler c c Cc sr B Blackpoll Warbler U U U sr b Northern Waterthrush U U U sr b Wilson's Warbler c Cc U R sr B Western Tanager Ac v American Tree Sparrow U R U U wr Savannah Sparrow A A c sr B Fox Sparrow c c c R sr B Song Sparrow c Cc c Cc rB Lincoln's Sparrow c c c R sr B White-throated Sparrow Ac v Golden-crowned Sparrow c Cc c 4 r/m B White-crowned Sparrow ¢ c c c r/m B Harris' Sparrow AC Vv Dark-eyed Junco Cc c c c r/m B Lapland Longspur c R c R m Rustic Bunting AC Vv Snow Bunting U U wr McKay's Bunting Ac Vv Red-winged Blackbird R R v Rusty Blackbird Cc c Cc R sr B Brown-headed Cowbird R Vv Rosy Finch Cc c c wr Pine Grosbeak Cc c c c rB Purple Finch R R v Cassin's Finch Ac v Red Crossbill R R R R nb White-winged Crossbill Cc c c C-A nb Common Redpoll C-A c Cc C-A r/n B Hoary Redpoll R R R R wr Pine Siskin Cc c c C-A r/n B A-55 Legend A Abundant-species occurs consistently in proper habitat, with available habitat densely occupied, and/or the region regularly hosts great numbers of the species. c Common-species occurs in all or nearly all proper habitats, but some areas of presumed suitable habitat are occupied sparsely or not at all, and/or the region regularly hosts large numbers of the species. U Uncommon-species occurs regularly, but utilizes only some or very little of the suitable habitat, and/or the region regularly hosts relatively small numbers; species not observed regularly, even in proper habitat. R are-species occurs, or probably occurs, regularly in the region, but in very small numbers. AC Accidental-species has been recorded no more than a few times, but irregular observations are likely over a period of years. Status r - resident sr - summer resident i wr - winter resident m - migrant B - confirmed breeder n - nomadic b - probable breeder v - visitant: non-breeding species, also a species not directly en route between breeding and winter range. Sp - spring: March - May F - fall: September - November Su - summer: June - August W - winter: December - February A-56 Table 2. Densities of birds along the Kachemak Bay coastline as determined by aerial surveys in 1976 and 1978 (Arneson 1980). Density (birds/km’) Outer Bay North Shore South Shore Inner Bay Bird Group Sp Su F W Sp Su F W Sp Su F W Loons 1 P 1 P P P P 1 iP P 0 P Grebes P 0 P P P 0 P 0 r P P 0 Tubenoses 0 0 0 0 0 0 0 0 0 0 0 0 Cormorants 1 0 4 4 2 P 6 1 P P 4 P Geese and swans 0 0 0 P 0 oO 0 0 14 0 4 0 Dabbling ducks 0 0 0 0 1 0 8 P 9 1 38 20 Diving ducks 0 ° P. P 4 P P— 10 49 2 12-22 Sea ducks 33 93 78 43 40 5 27 31 76 109 29 33 Mergansers P 0 0 0 2 P P a 5 1 P 1 Raptors 0 0 P P P P P P P P P P Shorebirds 0 1 ° 4 5 0 P 2 71 2 1 12 Gulls 12 35 19 29 19 14 33 1 33 111 66 1 Terns 0 1 0 0 0 0 0 0 0 1 0 0 Alcids 4 0 2 1 2 P P 2 1 P P 1 corvids 0 0 0 P P P 2 2 1 P 3 5 TOTAL? 51 130 105 82 78 20 70 52 262 229 152 99 1 p = present. ? Includes other passerines and unidentified birds that were observed. A-57 Table 3. Density of birds offshore in Kachemak Bay as determined by aerial surveys in 1976 and 1978 (Arneson 1980). Density (birds/km’) Bird Group Spring Summer Fall Winter Loons P P P P Grebes 0 0 P 0 Tubenoses 0 0 0 0 Cormorants P 0 P P Geese and swans 0 0 0 0 Dabbling ducks 0 0 P 0 Diving ducks 0 0 5 0 Sea ducks 24 P a9 7 Mergansers 0 0 0 0 Raptors 0 0 0 0 Shorebirds 0 0 P 0 Gulls 1 9 16 3 Terns P a 0 0 Alcids 7 2 9 8 TOTAL? 32 12 44 18 1 p = present 2 Includes passerines and other unidentified birds that were observed. A-58 6S-W Table 4. Aerial surveys of birds on Fox River and Martin River flats, Alaska (from Erikson 1977 and Krasnow and Halpin 1981). — eeeeeeSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSeeee Species 4/9/76 4/16/76 4/30/76 5/3/76 5/15/76 9/30/79 10/13/79 11/3/79 11/12/79 12/17/79 eee Trumpeter Swan Swan spp. 1 46 Canada goose 370 335 640 1,030 285 1,130 1,110 125 Brant White-fronted goose Snow goose 5 1 Unidentified duck 90 Unidentified dabbler 161 7% 76 15 1,406 235 25 590 Mallard 2,000 207 20 36 82 357 2,253 2,450 3,032 7 Northern pintail 225 39 2 292 32 32 40 Green-winged teal 12 10 30 17 American wigeon 85 25 232 Greater scaup 130 53 Goldeneye spp. 12 49 . 33 69 5 Buf f lehead 2 8 46 45 Oldsquaw 2 2 28 1 White-winged scoter 155 Surf scoter 60 7 10 20 Black scoter 15 7 Merganser spp. 16 4 Common merganser 80 4 Red-breasted merganser 1 15 225 1,196 65 12 11 Bald eagle 2 2 5 4 Large shorebird 5 45 2 Small shorebird 8,000 4,058 1,022 1 100 Unidentified gull 100 32 130 Glaucous-winged gull 595 182 6 30 10 175 3 Herring gull 27 Mew gull 95 15 366 1,747 4,585 610 10 Bonaparte's gull 3 25 Black- legged kittiwake Arctic tern Note: Thirty-eight sandhill cranes were seen on Fox River Flats on October 13, 1979. An estimated 1-2 million small shorebirds were seen on Fox River Flats on May 11, 1976 (W. Ballard, pers. commun.). 09-W Table 4 Continued. Aerial surveys of birds on Fox River and Martin River flats, Alaska (from Erikson 1977 and Krasnow and Halpin 1981). Species 1/30/80 2/26/80 3/19/80 4/20/80 4/27/80 4/30/80 5/5/80 5/8/80 5/16/80 6/12/80 Trumpeter Swan 1 2 Swan spp. 12 Canada goose Brant 125 White-fronted goose Snow goose Unidentified duck Unidentified dabbler 16 69 150 118 40 4 26 Mallard 1,153 654 114 32 19 51 34 13 2 Northern pintail 78 56 4 10 Green-winged teal 4 American wigeon 2 10 Greater scaup 97 121 Goldeneye spp. 7 33 63 Bufflehead 37 Oldsquaw 183 24 1 White-winged scoter ; Surf scoter 2 4 2 4 Black scoter 18 Merganser spp. 30 Common merganser Red-breasted merganser 4 40 12 10 4 Bald eagle 1 2 1 4 2 Large shorebird Small shorebird re) 20 83 1,081 271 4 21 Unidentified gull 42 50 242 224 326 367 20 Glaucous-winged gull 25 45 115 104 92 1 12 100 20 Herring gull 12 Mew gull 3 1 13 85 46 50 Bonaparte's gull Black- legged kittiwake 1 Arctic tern 15 24 Bu w oa 13 12 Eee asa T9-W Table 4 Continued. Aerial surveys of birds on Fox River and Martin River flats, Alaska (from Erikson 1977 and Krasnow and Halpin 1981). Species 6/27/80 7/16/80 8/5/80 8/14/80 8/21/80 8/28/80 9/2/80 9/9/80 Trumpeter Swan 1 1 Swan spp. 3 9 Canada goose 348 120 796 200 300 Brant White-fronted goose 115 Snow goose Unidentified duck 51 4 20 46 12 Unidentified dabbler 15 6 289 386 78 195 151 Mallard 8 195 61 882 355 218 130 Northern pintail 300 440 39 Green-winged teal 12 102 359 54 57 American wigeon 26 4 112 105 Greater scaup 2 Goldeneye spp. Buff lehead Oldsquaw White-winged scoter 1 1 Surf scoter 1,350 1,000 290 270 2 150 57 Black scoter 50 2,000 250 100 25 Merganser spp. Common merganser Red-breasted merganser 242 100 104 Bald eagle 1 1 1 Large shorebird 2 196 18 22 33 Small shorebird 110 591 42 2 39 3 25 103 Unidentified gull 613 15 130 1,299 60 248 135 Glaucous-winged gull 1,353 51 750 70 1,700 215 226 Herring gull 4 3 2 2 2 592 422 Mew gull 202 1,509 824 452 1,023 2,551 465 258 Bonaparte's gull 30 6 Black- legged kittiwake 1 1 220 Arctic tern 8 196 1 20 2 9/17/80 127 52 1,918 416 33 247 nn 60 152 642 330 9/23/80 1,080 12 261 2,906 34 2,475 625 Table 5. Aerial surveys birds and livestock on Fox River and Martin River flats, Alaska, Spring 1992 (Del Frate 1992, Sinnott 1992). Species April 27 May 5 May 8 May 14 Swan spp. 8 1 3 Canada goose 645 369 327 377 White-fronted goose few 50 20+ Snow goose 13 Sandhill crane 26 6 10 Unidentified duck 269 Unidentified dabbler 323+ 600+ Unidentified divers 136 149 Mallard 345+ 85 Northern shoveler 10+ 11 Northern pintail 130+ 713 Green-winged teal 10+ 25 American wigeon 10+ 22 Scaup spp. 443 Goldeneye spp. 75+ 10 Merganser spp. 75+ 16 Bald eagle 40 Shorebirds ? 22,000+ 35,000+ 7,900+ Cows and calves 201 125 153 164 Horses 12 6 22 29 Accuracy of each survey was affected to some degree by either poor visibility, inexperienced observers, or limited flight time. A-62 Table 6. Calculated duck population at Fox River Flats, Alaska, on May 25, 1976 (from Timm 1976). Species Number % of Total Northern pintail 150 19.6 Green-winged teal 158 20.7 Mallard 69 9.0 TOTAL DABBLING DUCKS 438 57.3 Goldeneye spp. 183 23.9 Merganser spp. 144 18.8 TOTAL DIVING DUCKS 327 42.7 A-63 Table 7. Fall migration aerial survey of birds on Fox River and Martin River flats at the head of Kachemak Bay, Alaska, August 17 -October 2, 1976 (from Erikson 1977). Species Aug. 17 Aug. 27 Sep. 22 Oct. 2 Red-throated loon 1 Grebe sp. 2 Swan sp. 1 15 Canada goose 706 1,541 1,205 345 White-fronted goose 15 25 Unidentified duck 2 Unidentified dabbling duck 571 63 620 1,159 Mallard 192 330 920 Northern pintail 1 13 775 30 Green-winged teal 164 23 151 American wigeon 10 45 118 815 Greater scaup 28 Bufflehead 2 Scoter sp. 1,396 301 36 White-winged scoter 91 2 Surf scoter 14 Red-breasted merganser 15 Bald eagle (adult) 1 Bald eagle (immature) 1 Large shorebird 1 Whimbrel 2 Medium shorebird 2 45 Small shorebird 82 420 Unidentified gull 274 900 824 Glaucous-winged gull 91 440 13 119 Herring gull 1 27 Gl.-winged x herring gull 1 Small gull 30 Mew gull 8 225 1 340 Black-legged kittiwake 899 50 2 Sabine's gull 1 Unidentified tern 1 Northwestern crow 15 A-64 s9-W Table 8. Spring migration of shorebirds on Homer Spit and Mud Bay, Homer, (West 1992b). Total Number of Individuals Seen Species 1986 1989 1990 1991 1992 Ave. Black-bellied plover 2,000 7 221 148 3,092 1,094 Lesser golden plover 0 30 24 48 72 35 Semipalmated plover 40 30 4 39 90 41 Wandering tattler 0 0 0 15 6 4 Whimbrel 2 9 3 15 82 22 Bristle-thighed curlew 0 0 0 7 0 2 Hudsonian godwit 0 0 0 0 1 <1 Bar-tailed godwit 0 0 0 5 5 2 Marbled godwit 0 4 0 3 3 2 Ruddy turnstone 5 3 5 13 36 12 Black turnstone 3,060 1,338 7,097 3,376 6,306 4,235 Surfbird 6,450 1,355 16,449 3,908 40,476 13,728 Red knot 0 Oo oO 8 0 2 Semipalmated sandpiper 0 0 0 0 3 1 Western sandpiper 72,325 58,000 29,745 74,971 94,154 65,839 Least sandpiper 164 80 0 23 78 69 Pectoral sandpiper 16 0 0 1 1 4 Baird's sandpiper ) 1 0 0 1 <1 Rock Sandpiper 0 0 0 0 42 8 Dunlin 2,325 7,275 1,820 4,097 12,649 5,633 Dowitcher spp. 3,100 2,605 327 728 7,712 2,894 TOTAL SPECIES nie 3 10 17 19 14 TOTAL INDIVIDUALS 89,487 70,737 55,695 87,405 164,811 93,627 Alaska 99-W Table 9. Species and numbers of seabirds at breeding colonies in Kachemak Bay, Alaska (Sowls et al. 1978; Nishimoto and Thomas, 1991). Gull Island Species 1976 1984 1985 1986 1987 1988 1989 1990 Pelagic cormorant 222 105 272 296 246 Red-faced cormorant 62 14 45 56 29 Common eider 2 Glaucous-winged gull 216 200 442 762 713 Black-legged Kittiwake 3,194 8,202 6,986 Common murre 3,200 2,652 1,994 5,500 5,176 5,075 Pigeon guillemot 12 5 13 42 27 24 19 Horned puffin 10 . Tufted puffin 530 8 28 Sixty-foot Rock 1976 1984 1985 1986 1987 1988 1989 1990 Pelagic cormorant 0 30 28 13 9 2 29 62 Red-faced cormorant 0 0 0 0 0 0 1 Common eider Gluaucous-winged gull 64 21 113 86 96 95 80 Black-legged kittiwake 68 289 250 414 351 391 Common murre 350 234 91 99 221 155 232 190 Pigeon gullemot 0 0 2 3 3 Horned puffin Tufted puffin 52 17 13 5 1 5 1 Hesketh Island Pt. Pogibshi Grass Island 1976 1976 1976 Pelagic cormorant Red-faced cormorant Common eider Glaucous-winged gull Black-legged Kittiwake 25 Common murre Pigeon guillemot 20 Horned puffin 4 Tufted puffin 20 Table 10. Terrestrial mammals of the Fox River Flats Critical Habitat Area’ (Lensink 1980, Woodward-Clyde Consultants 1984). Common Name Scientific Name Masked shrew Sorex cinereus Pygmy shrew Microsorex hoyi Little brown bat Myotis lucifugus Black bear Ursus americanus Brown bear U. arctos Marten Martes americana Ermine Mustela erminea Mink M. vison River otter Lutra canadensis Wolverine Gulo gulo Coyote Canis latrans Grey wolf c. lupus Red fox Vulpes vulpes Lynx Felix lynx Red squirrel Tamiasciurus hudsonicus Beaver Castor canadensis Northern red-backed vole Clethrionomys rutilus Meadow vole Microtus pennsylvanicus Snowshoe hare Lepus americanus Moose Alces alces ' Other probable species include northern flying squirrel (Glaucomys sabrinus), muskrat (Ondatra zibethicus), meadow jumping mouse (Zapus hudsonius), porcupine (Erethizon dorsatum) A-67 Table 11. Marine mammals of Kachemak Bay Critical Habitat Area. Common Name Scientific Name Harbor seal River otter Sea otter Steller sea lion Gray whale Minke whale Humpback whale Belukha whale Killer whale (orca) Harbor porpoise Dall porpoise Phoca vitulina Lutra canadensis’ Enhydra lutris Eumetopius ‘jjubatus Eschrichtius robustus Balaenoptera acutorostrata Magaptera novaeangliae Delphinapterus leucas Orcinus orca Phocoena phocoena Phocoenoides dalli 1 River otters are not a marine mammal, but they forage in the intertidal zone and occasionally swim near shore. Note: A Bering Sea beaked whale (Mesoplodon stejnegeri) carcass washed ashore on Homer Spit in 1977, but normal range is in deeper waters of the continental shelf. A-68 Table 12. Kachemak Bay/Fox River Flats Critical Habitat Area Leases/Inholdings as shown on th Land Status map. Location Type ADL# Party Acreage 1. T4S/R10W/S20+ Grazing Lease 24501 Fox R. Cattlemen Assoc. “400 in CH 2. T4S/R10W/S20+ Grazing Lease 17484 Kachemak Selo “80 in CH 3. T4S/R10W/S29 Private Land USS3358 Kachemak Selo 4. T4S/R10W/S21 Private Land USS3003 John Nazarian Ss. T4S/R10W/S21-22 Private Land USS4725 John Nazarian 6. T4S/R10W/S35 Tidelands Lease 222657 Alaska Power Authority 512 7. T5S/R10W/S20 Tidelands Sale 17552 Douglas B. Baily 1 8. T5S/R10W/S29 Tidelands Sale 23985 Theodore Pedersen 5 9. T5S/R15W/S8+ Offsh. Prosp. Pmt. Appln. 323349 Bob Moorman T5S/R15W+ Offsh. Prosp. Pmt. Appln. 330480- Aspen Exp. Corp. ; 330483 10. T6S/R13W/S11 Tidelands Lease 32058 Lee A. Cole 10 11. T6S/R13W/S11 Tidelands Lease 209326 Northern Enterprises 1 12. T6S/R13W/S21&22 Management Right 220606/ ADOT/PF 15 220607 13. T6S/R13W/S36 Tdld. Lease (Exp. 7/2/44) 224560 Homer, City of 11.9 14. 1T7S/R13W/s1 Class 1 Pref. Right 19361 Mary Jane Hillstrand 1.7 15. T7S/R11W/s5 Tidelands Sale 18455 John Bingham Mitchell 5 16. T7S/R11W+ Public Easement 25909 Homer Elec. Assoc., Inc. 17. T7S/R11W/S6 Mngmnt. Agreement (ILMA) 32063 ADOT/PF 3 18. T7S/R11W/S6&7 Shore Fishery Lease 201311 Alvin Taeschner «1 19. T7S/R11W/S6 Tidelands Lease Appln. 214964 Stephen H. Nathanson 5 20. T7S/R11W/S6 Tidelands Lease Appln. 218228 Theodore A. Richards 3 21. T7S/R11W/S6 Shore Fishery Lease Appln. 224059 D. L. Veerhusen-Shapiro 22. T7S/R11W/S6&7 Shore Fishery Lease Appln. 225022 Lynn D. Bennett 23. T7S/R11W/S6&7 Private Easement Appln. 225482 Lee M. Ricketts 24. T7S/R11W/S6 Tdlds. Dis./Pref. Rights 2461 Francis A. Panchott 1.1 25. T7S/R12W/Ss11 Tidelands Permit Appln. 225516 Seldovia Native Assoc. 2.8 26. T7S/R11W/S6 Tdlds. Dis./Pref. Rights 22648 Warren H. Sherwood 4 27. T7S/R11W/S6 Tdlds. Dis./Pref. Rights 3298 Alvin Taeschner 9 28. T7S/R11W/S6 Tdlds. Dis./Pref. Rights 18012 Ted Richards 7 29. T7S/R11W/S6 Tidelands Disposal 22466 D. K. & J. A. Rutzebeck 5 30. T7S/R11W/S6 Tidelands Disposal 21327 Lee M. Ricketts 5 31. T7S/R12W/S15 Private Easement Appln. 211154 Michael Peter McBride -001 32. T7S/R12W/S1 Public Easement Appln. 218554 Marian Beck \ 33. T7S/R12W/S1 Tidelands Lease Appln. 221470 Vivian MacInnes 34. T7S/R12W/S1 Tidelands Permit 224724 Gary P. Mandzik 1 35. T7S/R12W/S1 Cl. 1 Pref. Right (4 lots) 17578 Clement Tillion 36. T7S/R13W+ Public Easement 43341 Homer Elec. Assoc., Inc. 3.1 37. T8S/R13W/S21 Tdlds Lease (Exp. 11/2/35) 73331 Luther L. Paine 09 38. T8S/R13W/S21 Tdlds Lease (Exp. 11/2/35) 73332 Robert P. Pfeil 3 39. T8S/R13W/S36 Mngmnt. Agreement (ILMA) 200098 ADF&G 6.8 40. T8S/R13W/S22 Tidelands Lease Appln. 216321 Jon L. Osgood 5 41. T8S/R13W/S22 Tidelands Lease Appln. 224666 E. W. & R. E. Kianich 1 42. T8S/R13W/S22 Tidelands Lease Appln. 224692 John P. Vaughan 1 43. T8S/R13W/S33 Tidelands Lease Appln. 224702 Ernest & Janice Suoja <1 44. T8S/R13W/S20 Shore Fishery Lease Appin. 225083 Sera Baxter 45. T8S/R14W+ Public Easement 61867 Homer Elec. Assoc., Inc. 46. T8S/R14W/S29&32 Mngmnt. Agreement (ILMA) 63789 ADOT/PF 32.7 47. T8S/R14W/S24 Public Easement 222315 Jack A. Hepworth 23 48. T8S/R14W/S31 Public Easement Appln. 224683 Seldovia, City of 2 49. T8S/R14W/S1 Shore Fishery Lease Appl. 225141 Warren R. Brown 50. T9S/R14W/S6 Public Easement 65751 Homer Elec. Assoc., Inc. 1.1 51. T9S/R14W/S6 Cl. 1 Pref. Right 22406 Claire Pease, et. al. 1 52. T9S/R15W/S1 Shore Fishery Lease Appln. 225420 Alexandra B. Chartier A-69 Table 13. Exvessel value of salmon caught in the Southern District commercial fishery (in dollars) by species, obtained by using the formula avg. wt. per fish X total number of fish caught. (Lee Hammarstrom, pers. commun.) Year Chinook Sockeye Coho Pink Chum Total 1961 $192 $14,550 $1,413 $94,974 $1,820 $112,949 1962 $287 $24,158 $2,145 $270,744 $5,084 $302,417 1963 $433 $19,161 $4,281 $44,120 $4,333 $72,329 1964 $419 $25,199 $8,415 $93,244 $6,779 $134,056 1965 $49 $16,643 $814 $25,995 $1,711 $45,212 1966 $305 $17,264 $4,307 $70,307 $17,252 $109,436 1967 $985 $41,104 $2,569 $39,808 $15,174 $99,641 1968 $o $29,478 $4,685 $83,178 $3,289 $120,630 1969 $o $22,754 $781 $46,909 $2,467 $72,911 1970 $838 $18,980 $4,338 $97,375 $7,267 $128,797 1971 $563 $30,917 $4,764 $31,542 $2,828 $70,614 1972 $776 $69,962 $3,444 $7,118 $9,536 $90,836 1973 $2,883 $93,592 $2,952 $97,476 $7,700 $204,603 1974 $4,993 $278,885 $14,073 $96,186 $10,987 $405,125 1975 $2,876 $103,600 $13,104 $1,223,359 $17,739 $1,360,678 1976 $6,476 $173,860 $7,868 $151,422 $6,481 $346,106 1977 $5,862 $338,473 $4,072 $208,843 $27,879 $585,129 1978 $53,198 - §1, 367,707 $34,345 $264,349 $25,658 $1,745,257 1979 $34,898 $359,940 $59,848 $1,485,298 $40,447 $1,980,431 1980 $11,679 $207,776 $51,131 $642,458 $18,678 $931,721 1981 $17,280 $522,575 $50,847 $2,367,083 $83,031 $3,040,816 1982 $24,608 $273,628 $56,102 $218,265 $76,449 $649,052 1983 $19,562 $501,266 $17,302 $517,691 $38,102 $1,093,923 1984 $24,557 $792,827 $21,636 $306,301 $20,098 $1,165,420 1985 $45,114 $494,375 $35,469 $399,545 $14,014 $988,517 1986 $19,982 $221,765 $22,624 $479,589 $13,511 $757,471 1987 $26,200 $702,950 $17,737 $133,067 $19,205 $899,158 1988 $31,652 $1,263,624 $47,852 $2,045,717 $61,131 $3,449,975 1989 $33,294 $721,663 $32,668 $1,224,485 $10,805 $2,022,915 1990 $28,802 $523,728 $6,612 $149,593 $10,827 $719,562 1991 $19,273 $593,401 $18,020 $85,839 $3,973 $720,506 Total $398,762 $9,272,404 $538,200 $12,916,042 $580,281 $23,705,689 30Yr.Avg. $13,292 $309,080 $17,940 $430,535 $19,343 $790,190 1971-90Avg $19,763 $452,156 $25,223 $602,469 $25,755 $1,125,366 1971-80Avg $12,420 $302,471 $19,560 $420,805 $16,793 $772,050 981-90Avg $27,105 $601,840 $30,885 $784,134 $34,717 $1,478,681 '91%o0f 2.67% 82.36% 2.50% 11.91% 0.55% 100.00% A-70 Table 14. Historical commercial Tanner crab catch (pounds) and effort in the Southern District of the Cook Inlet Management Area, 1968-1992. (Dave Nelson, pers. commun.) Number of Season Pounds Vessels i SSSS—S SOLS 1968-69 1,388,282 1969-70 1,147,154 1970-71 1,046,803 1971-72 2,462,956 1972-73 2,935,662 1973-74 1,387,535 1974-75 967,762 1975-76 1,339,245 1976-77 2,009,633 35 1977-78 2,806,568 55 1978-79 2,323,420 75 1979-80 1,134,940 68 1980-81 1,047,630 46 1981-82 548,529 41 1982-83 584,908 48 1983-84 996,763 45 1984-85 1,229,298 83 1985-86 1,164,261 103 1987 1,077,379 87 1988 944,763 127 1989 CLOSED -- 1990 CLOSED -- 1991 271,379 68 1992 354,868 107 Average 1,166,790 62 A-71 Table 15. Historical commercial King crab catch in pounds by season, in the Southern District of the Cook Inlet Management Area, 1960-1990. (ADF&G 1992b). Season Pounds 1960-61 2,699,680 1961-62 1,619,642 1962-63 2,763,343 1963-64 1,960,426 1964-65 1,892,479 1965-66 1,948,012 1966-67 1,347,904 1967-68 1,117,397 1968-69 750,906 1969-70 1,464,721 1970-71 1,540,018 1971-72 1,992,224 1972-73 1,391,024 1973-74 1,971,841 1974-75 1,816,512 1975-76 1,674,872 1976-77 1,035,316 1977-78 584,090 1978-79 664,388 1979-80 853,584 1980-81 508,670 1981-82 183,899 1982-83 CLOSED 1983-84 CLOSED 1984-85 CLOSED 1985-86 CLOSED 1986-87 CLOSED 1987-88 CLOSED 1988-89 CLOSED 1989-90 CLOSED 1990-91 CLOSED A-72 Table 16. Commercial Dungeness crab catch by year, Southern District, 1961-1991. (Dave Nelson, pers. commun. ) 2s SSS Catch Year (Pounds) ees) 1961 193,683 1962 530,770 1963 1,665,599 1964 417,005 1965 74,211 1966 12,523 1967 7,168 1968 484,452 1969 49,894 1970 209,819 1971 97,161 1972 38,930 1973 308,777 1974 718,729 1975 361,893 1976 118,903 1977 74,195 1978 1,212,571 1979 2,130,963 1980 1,875,281 1981 1,850,977 1982 818,380 1983 746,585 1984 799,638 1985 1,389,891 1986 550,968 1987 761,423 1988 677,334 1989 170,266 1990 28,938, 1991 CLOSED 1 East of Spit opened June 29, closed August 8, by Emergency Order; West of Spit opened June 1 by regulation; closed September 7 by Emergency Order; closures due to low stock conditions. Table 19. Harvest and angler participation directed toward enhanced king, pink, and coho salmon stocks in the Homer Spit fishery, 1985-1991. (Nick Dudiak, pers. commun.) Total King Salmon Pink Salmon Coho Salmon Days Year Harvest Harvest Harvest Fished Harvest 1987 1,032 1,.032 1988 5,839 2,164 20,000 8,003 1989 2,422 4,508 1,954 16,000 8,884 1990 2,222 937 2,217 37,910 5,436 Mean 2,879 2,536 2,116 24,637 5,839 1991! 3,500 1,500 9,000 14,000 1 preliminary data. Table 20. Summary of king salmon harvest, Halibut Cove, Kachemak Bay, 1984-1991. (Nick Dudiak, pers. commun.) Sport Commercial Total Year Harvest Harvest Return 1984 412 200 612 1985 1 300 1 1986 110 350 460 1987 905 500 1,405 1988 2,911 1,350 4,261 1989 1,317 1,420 2,737 1990 1,220 810 2,030 Mean 1,145 821 1,966 1991? 2,250 420 2,670 1 No data. 2? preliminary data. A-76 Table 21. Harvest of China Poot Bay (Leisure Lake) sockeye salmon returns by user group, 1979 to 1991 (Nick Dudiak, pers. commun.). Return Sport Personal Use Commercial Total Year Harvest Harvest Harvest Return ” 1979 650 0 ND 650 1980 1,000 1,000 12,000 14,000 1981 1,500 0 10,000 11,500 1982 450 1,320 200 3,400 1983 480 5,910 84,020 90,420 1984 500 2,000 114,360 117,360 1985 500 3,000 61,500 65,920 1986 100 150 18,350 18,800 1987 200 2,000 21,500 23,700 1988 500 1,500 91,445 93,915 1989 1,000 7,000 79,697 89,000 1990 500 3,000 49,587 54,087 1991 500 4,500 117,000 ¥ 122,000 Totals 7,800 31,380 659,659 704,752 ¥ Total return counts include estimates for escapements (i.e., non-harvested fish). Y Includes Hazel Lake returns, estimated at 20,692. ND = No Data A-77 Table 22. Historical recreational boat harvest of Pacific halibut, 1977-1990 (Dave Nelson, pers. commun.). EEE EEE Kachemak Year _ Bay 1977 9,291 1978 20,422 1979 20,218 1980 21,473 1981 28,858 1982 28,254 1983 35,007 1984 36,113 1985 40,716 1986 40,917 1987 41,688 1988 88,621 1989 70,293 Mean 37,067 1990 86,383 A-78 Table 23. Kachemak Bay sport fish saltwater harvest and effort by fisheries for shellfish species, 1990 (Mills, 1991). Anglers 6,242 Trips 6,533 Days Fished 9,301 King Crab 0 Dungeness Crab 6,840 Tanner Crab 0 Shrimp (Gallons) 1,957 Hardshell Clams (Gallons) 10,268 Other Clams 10,284 Razor Clams 20,601 A-79 Table 24. Average annual harvest of waterfowl in Kachemak Bay (including Fox River Flats) from 1981 to 1990 (Compiled by the U.S. Fish and Wildlife Service mail survey). Species Average Annual Harvest Dabbling Ducks Mallard Gadwall American wigeon Green-winged teal Northern shoveler Northern pintail Diving Ducks Redhead Greater scaup Lesser scaup Ring-necked duck Common goldeneye Barrow's goldeneye Bufflehead Oldsquaw Harlequin duck Steller's eider Common eider Black scoter White-winged scoter Surf scoter Red-breasted merganser Common merganser Geese White-fronted goose Canada geese TOTAL DABBLING DUCKS TOTAL DIVING DUCKS TOTAL DUCKS TOTAL GEESE TOTAL WATERFOWL 1,482 27 203 269 108 261 30 68 362 396 25 70 124 303 349 69 49 26 144 2,350 1,866 4,216 170 4,386 Percent of Total ANAUF & AN PNOANWRPRPNPFPODN wr 54 43 96 100 A-80 Table 25. Estimated waterfowl harvest and hunter-days for Kachemak Bay and China Poot Bay, Alaska (Campbell 1991). DUCKS Estimated Harvest Estimated Hunter-Days Kachemak China Kachemak China Year Bay Poot Bay Total Bay Poot Bay Total 1972 4,127 4,127 1,365 1,365 1973 1,074 1,074 752 752 1974 1,580 1,580 805 805 1975 1,581 1,581 912 912 1976 3,979 3,979 1,604 1,604 1982 2,730 2,730 980 980 1983 3,337 3,337 1,595 1,595 1984 1,727 1,727 1,825 1,825 1985 1,470 1,470 1,195 1,195 1987 2,042 2,042 1,160 1,160 1988 1,618 1,848 3,466 628 595 1,223 1989 1,296 505 1,801 313 101 414 1990 647 100 747 203 48 251 GEESE Estimated Harvest Kachemak China Year Bay Poot Bay Total 1972 433 433 1973 184 184 1974 80 80 1975 75 75 1976 259 259 1982 110 110 1983 44 44 1987 171 171 1988 83 10 93 1989 . 66 no data 66 1990 45 no data 45 Data compiled from the Alaska Waterfowl Hunter Survey. A-81 SPECIAL AREA PERMIT REGULATIONS Title 5 Alaska Administrative Code ARTICLE 4. SPECIAL AREAS Section 400. Implementation of authority 410. Notice requirements 420. Activities requiring a special area permit 430. Conditioning, approval, or denial of special area permits 440. Limitations on special area permits 5 AAC 95.400. IMPLEMENTATION OF AUTHORITY. The commissioner will implement the authorities vested in AS 16.20.050, AS 16.20.060, AS 16.20.120, AS 16.20.170, AS 16.20.250, and AS 16.20.260, excluding hunting, trapping, and fishing, in accordance with procedures established in this chapter. (Eff. 6/5/86, Reg. 98) Authority: AS 16.05.020 AS 16.20.060 AS 16.05.050 AS 16.20.120 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.250 AS 16.05.270 AS 16.20.260 AS 16.20.050 5 AAC 95.410. NOTICE REQUIREMENTS. (a) Before a lease or other disposal of land under state jurisdiction and control in a special area, or private land in a critical habitat area, the responsible state department or agency or private landowner shall notify the commissioner. (b) No person or governmental agency may undertake an activity listed in 5 AAC 95.420(a) within a special area unless the commissioner has been notified and a permit for the activity has been issued by the commissioner under 5 AAC 95.700 - 5 AAC 96.760. (Eff. 6/5/86. Reg. 98). Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.250 AS 16.20.050 5 AAC 95.420. ACTIVITIES REQUIRING A SPECIAL AREA PERMIT. (a) No person or governmental agency may engage in the following uses or activities within a special area without first obtaining a special area permit following the procedures of 5 AAC 95.700-5 AAC 95.760: (1) construction, placement, or continuing use of any improvement, structure, or real property within a special area; A-82 (2) destruction of vegetation; (3) detonation of an explosive other than a firearm; (4) excavation, surface or shoreline altering activity, dredging, filling, draining, or flooding; (5) natural resource or energy exploration, development, production, or associated activities; (6) water diversion or withdrawal; (7) off-road use of wheeled or tracked equipment unless the commissioner has issued a general permit under 5 AAC 95.770; (8) waste disposal, placement, or use of a toxic substance; (9) grazing or animal husbandry; and (10) any other activity that is likely to have a significant effect on vegetation, drainage, water quality, soil stability, fish, wildlife, or their habitat, or which disturbs fish or wildlife other than lawful hunting, trapping, fishing, viewing, and photography. (b) The commissioner makes the final determination as to whether a specific activity is subject to the provisions of this chapter. (Eff. 6/5/86, Reg. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 5 AAC 95.430. CONDITIONING, APPROVAL, OR DENIAL OR SPECIAL AREA PERMITS. If the procedural requirements of 5 AAC 95.700 - 5 AAC 95.760 are met, the commissioner will permit a use or activity listed in 5 AAC 95.420 that meets or can be conditioned to meet the following standards: (1) the use or activity is consistent with the protection of fish and wildlife and their use, protection of fish and wildlife habitat, and the purpose for which the special area was established; and (2) the use or activity does not unduly restrict or interfere with the public use and enjoyment of the resource values for which the special area was established; and (3) any adverse effect upon fish and wildlife, and their habitats, and any restriction or interference with public use, is mitigated in accordance with 5 AAC 95.900. (Eff. 6/5/86, Reg.98) A-83 (4) any provision for the mitigation of damage to fish or wildlife, or their habitats; (5) any provision to facilitate periodic monitoring of the proposed land or water use or activity by an authorized representative of the state, including inspection and sampling; (6) reporting requirements; (7) any provision for the posting of a performance bond or other surety as authorized in 5 AAC 95.950, necessary to insure compliance with the provisions of this chapter or conditions of the permit; and (8) any other necessary condition. (b) A permit may not be transferred but may be assigned upon written consent by the commissioner. (c) The commissioner will, in his or her discretion, require a permit applicant to sign and date the permit before its validation as acknowledgement of the permittee's agreement to, and full understanding of, all conditions of the permit. (Eff. 6/5/86. Reg. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 5 AAC 95.730. PERMIT TERM. (a) Except as provided in (b) and (c) of this section, a permit will, in the commissioner's discretion, be issued for a fixed term not to exceed two years, subject to the provisions of this chapter. (b) A permit for a personal use cabin issued concurrent with 11 AAC 65 will, in the commissioner's discretion, be issued for up to six years. (c) A permit will, in the commissioner's discretion, be issued for a fixed term exceeding two years if the commissioner determines that the activity meets the purposes and requirements of this chapter and the activity is permanent in nature. (Eff. 6/5/86, Reg. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 5 AAC 95.740. AMENDMENTS TO THE PERMIT. (a) The commissioner will, in his or her discretion, initiate action to amend a permit A-86 to correct any condition or change any method authorized by the permit which was reasonably unforeseeable at the time of permit approval and which threatens to cause a substantially adverse effect upon: (1) fish or wildlife, or their habitat; or (2) if the permit is a special area permit, the purpose for which the special area was established. (b) Any action a permittee desires to take which increases the overall scope of the project or which negates, alters, or minimizes the intent or effectiveness of any condition contained in a permit, is a deviation from the approved plan and requires an amendment before initiation of the action. (c) A permittee may request amendment of a permit by submitting, to the department's habitat division office where the permit was issued, a written statement explaining why the amendment is necessary, including the amended plan, the location, commencement time, duration, and type of activity requiring amendment. (d) The commissioner will issue an amendment to the permit if he or she determines that the requirements of this chapter will be met. Review of a request for amendment after receipt of the written statement in the appropriate habitat division office will not exceed 30 days. The procedures of 5 AAC 95.700 - 5 AAC 95.760 apply to a request for amendment. (e) An amendment approved by the commissioner becomes effective upon receipt by the permittee, or at a later date specified by the amendment. An amendment is valid for the duration of the permit or for a shorter specified period. (Eff. 6/5/86, Reg. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 5 AAC 95.750. RETENTION OF PERMIT: INSPECTION OF PERMIT SITES. (a) A permittee shall keep a copy of the permit, including any amendments, at the work site until completion of the project, and shall make it available for inspection upon request by an authorized representative of the state. (b) For the purpose of inspecting or monitoring compliance with any condition of the permit or the requirements of this chapter, a permittee shall give an authorized representative of the state free and unobstructed access, at safe and reasonable times, to the permit site. A permittee shall furnish whatever assistance and information as the authorized representative reasonably requires for monitoring and inspection purposes. (Eff. 6/5/86, Reg. 98) A-87 Authority: AS 16.05.020 AS 16.20.120 AS 16.05.0950 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 5 AAC 95.760. RENEWAL OF PERMIT. (a) A permittee may request renewal of an existing permit before the expiration of the current term of the permit. Procedures in this chapter apply to renewal, except that the filing of a new application under 5 AAC 95.700 is not required. (b) If an existing permit expires or is revoked, a permittee may obtain a new permit only by filing a new completed application in accordance with 5 AAC 95.700. (Eff. 6/5/86, Reg. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.0500 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 5 AAC 95.770. GENERAL PERMITS. Notwithstanding 5 AAC 95.700 and 5 AAC 95.750 - 5 AAC 95.760, the commissioner will, in his or her discretion, issue a permit to the public at large for a specific activity in a specified area. (Eff. 6/5/86, Reg. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 ARTICLE 8. GENERAL PROVISIONS Section 900. Mitigation of damages 910. Failure to adhere to standards 920. Appeals 930. Exclusion periods 940. Exemption for emergency and police power activities 950. Bonding or security 990. Definitions 5 AAC 95.900. MITIGATION OF DAMAGES. (a) Each permittee shall mitigate any adverse effect upon fish or wildlife, or their habitat, which the commissioner determines may be expected to result from, or which actually result from, the permittee's activity, or which was a direct result of the permittee's failure to: (1) comply with a permit condition or a provision of this chapter; or A-88 (2) correct a condition or change a method foreseeably detrimental to fish or wildlife, or their habitat. (b) Mitigation techniques must be employed in the following order of priority: (1) avoid an impact altogether by not taking a certain action or parts of an action; (2) minimize an impact by limiting the degree of magnitude of the action; (3) rectify the impact by repairing, rehabilitating, or restoring the affected environment; (4) reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action; (5) compensate for the impact by replacing or providing substitute resources or environments. (c) The duty to mitigate in (a) of this section does not apply to unavoidable adverse effects upon fish or wildlife populations, or their habitat, arising from an overwhelming force of nature with consequences not preventable by due and reasonable precautions. (ad) The commissioner will, in his or her discretion, specify, by permit amendment, additional provisions for mitigating damage to fish and wildlife populations, and their habitat. (e) Notwithstanding the expiration or revocation of a permit, a permittee is responsible for the obligations arising under the terms and conditions of the permit, and under the provisions of this chapter. (Eff. 6/5/86, Reg. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 5 AAC 95.910. FAILURE TO ADHERE TO STANDARDS. The commissioner will, in his or her discretion, require in writing that a permittee correct a condition or remove a _ structure or installation constructed under permit by the permittee, which is not in accordance with a provision of the permit. (Eff. 6/5/96, Reg. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 A-89 5 AAC 95.020. APPEALS. An interested person may initiate an appeal of a decision made under this chapter in accordance with the provisions of AS 44.62.330 - 44.62.630 by requesting a hearing under AS 44.62.370. (Eff. 6/5/86, Reg. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 5 AAC 95.930. EXCLUSION PERIODS. (a) The commissioner will notify a permittee that the term of the permit is or will be interrupted for a period of time of the commissioner determines that: (1) a temporary environmental condition exists which was reasonably unforeseeable at the time of permit approval and the permitted activity, if allowed to continue, threatens to cause a substantial adverse impact; (2) the permittee has failed to implement a required mitigating or preventative measure; or (3) the permittee has failed to comply with a provision of this chapter, or a condition of the permit. (b) The exclusion period established under (a) of this section will be as long as necessary for abatement of the temporary condition, completion of the required mitigating or preventative measure, or compliance with the permit condition or the provisions of this chapter, and will not exceed a total of 30 days in any calendar year, without ‘the consent of the permittee. (c) The commissioner will, by notice to the permittee, terminate an exclusion period after the permittee demonstrates abatement, compliance, or implementation of the required mitigating measures. (ad) If the commissioner finds, before or during an exclusion period, that corrective action is unlikely to be completed within any available exclusion period, the commissioner will, in his or her discretion, initiate a revocation proceeding under AS 44.62.330 - 44.62.630. (Eff. 6/5/86. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 5 AAC 95.940. EXEMPTION FOR EMERGENCY AND POLICE POWER ACTIVITIES. In an emergency, the commissioner will, in his or her discretion, issue an oral permit for emergency or policy power activities before receiving the completed application required in A-90 5 AAC 95.800. A completed application must be submitted within the time specified by the commissioner, whether before or after the emergency or police power activity takes place. (Eff. 6/5/86, Reg. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 5 AAC 95.950. BONDING OR SECURITY. (a) The commissioner will, in his or her discretion, require a performance bond with a surety company authorized to transact business in Alaska, or other specified security to secure the performance of the terms and conditions of a permit issued under this chapter. (b) A performance bond or security required when (a) of this section is limited to an amount reasonably necessary to ensure compliance with the provisions of this chapter or the terms and conditions of a permit issued under this chapter. (c) The commissioner will inspect or review actions taken under each applicable term or condition of a permit issued under this chapter, and will make a written finding that each applicable term and condition of the permit has been completed, before the permittee's performance bond or security is released. (d) The posing of a performance bond or the taking or other security under (a) of this section does not limit the department's right, under applicable law, to seek further compensation from the permittee for actual damages to fish or wildlife, or their habitats, or for a violation of the permit. (Eff. 6/5/86, Reg. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.250 AS 16.20.050 AS 16.20.260 AS 16.20.060 5 AAC 95.990. DEFINITIONS. In addition to the definitions set out in AS 16.05.940, as used in this chapter: (1) “authorized representative of the state" means one who is legally empowered to enforce a statute under which regulations in this chapter are promulgated; (2) “completed application" means the submission of full plans, specifications, and notifications required by AS 16.20, and includes a form, series of forms, letter, or other ~ documents that provide all of the information necessary for the commissioner to issue, condition, or deny a permit; A-91 (3) "emergency" means an unforeseeable situation that presents an imminent threat to life or property; (4) "mitigate" means to compensate fully for damage to fish and wildlife populations and their habitat by employing the most appropriate techniques; (5) "permittee" means the holder of a permit and includes anyone employed, contracted, or assigned by the person or the organization to whom the permit was issued to conduct a land or water use operation; (6) "permit" means the approval of plans and specifications required by AS 16.20.060 or AS 16.20.260, and any authorization made under AS 16.20.120, 16.20.130, or 16.20. 170; (7) “special area" means a state game refuge, a state game sanctuary, or a state fish and game critical habitat area, established under AS 16.20; (8) “wildlife" means any species of bird or mammal as described in AS 16.05.940(14). (Eff. 6/5/86, Reg. 98) Authority: AS 16.05.020 AS 16.20.120 AS 16.05.050 AS 16.20.130 AS 16.05.251 AS 16.20.170 AS 16.05.255 AS 16.20.260 AS 16.20.060 A-92 COOPERATIVE AGREEMENT between the Alaska Department of Pish and Game, Habitat Division and the Alaska Department of Natural Resources, Division of Parks and Outdoor Recreation This cooperative agreement is designed to assist the agencies in cooperatively managing the area of overlap of the Kachemak Bay State Park and the Kachemak Bay Critical Habitat Area. The agreement pertains to the responsibilities of the Alaska Department of Fish and Game, Habitat Division and the Alaska Department of Natural Resources, Division of Parks and Outdoor Récreation within Kachemak Bay and in no way alters existing authorities and responsibilities either between or within the agencies, WHEREAS, the Alaska Department of Fish and Game (ADF&G) has a eee eet mandated responsibility to manage the Kachemak Bay Critical Habitat Area (AS 16.20.590)3; and WHEREAS, the Alaska Department of Natural Resources (ADNR) has a legislatively mandated responsibility to manage the Kachemak Bay State Park (AS 41.21.130-143); and WHEREAS, portions of Kachemak Bay are designated as both state critical habitat area and state park; and WHEREAS, it is desirable to have maximum consistency between state park and state critical habitat area regulation and administration; and WHEREAS, it is the intention of the ADNR/Division of Parks and Outdoor Recreation (DPOR) and the ADF&G/Habitat Division to coordinate administrative efforts in sacl ne overlapping portions of the state park and state critical habitat area; NOW, THEREFORE, the parties hereto agree as follows: THE DEPARTMENT OF NATURAL RESOURCES, DIVISION OF PARKS AND OUTDOOR RECREATION AGREES: 2. To consult with ADF&G, through the Habitat Division, in the development of a management plan for Kachemak Bay State Park. 2. To seek the advice of ADF&G, through the Habitat Division, on regulations and major park policies or decisions which apply to the portions of Kachemak Bay which are designated both state park and state critical A-93 3. 4. sS. THE habitat area. These include the management of mariculture, sport fishing charters or other commercial operations, and the development of park facilities when habitat values or use conflicts can reasonably be anticipated to be affected. To monitor tideland and water use activities, to report any special area permit violations or other resource management problems within the area covered by this agreement promptly to the Habitat Division, and to coordinate compliance operations where appropriate. To review and comment on state critical habitat area management plans, regulations, major policies, or decisions and permits for that portion of the critical habitat area which is in the state park. Comply with the notice and, if applicable, ADF&G special area permit requirements of AS 16.20.520-530 and § AAC 98 for park developments, uses, and activities in the critical habitat area. DEPARTMENT OF FISH AND GAME, THROUGH ITS HABITAT DIVISION, AGREES: 1. 2. 3. To consult with DPOR in the development of a management plan for the state critical habitat area. To monitor multiple use activities, to report state park permit violations or other resource management problems in the portion of Kachemak Bay which is a state park to DPOR, and to coordinate compliance operations where appropriate. To review and comment on state park management plans, regulations, major policies or decisions, and permits for the portion of the state park which is in the critical habitat area. To seek the advice of DPOR on regulations and major policies or decisions which apply to the portion of the critical habitat area that is in the state park (such as mariculture, habitat enhancement '§ activities, introduction of non-native species or placement of structures or facilities). To apply for a park use permit when required under 11 AAC 18.010 for developments or uses and activities in the state park. A-94 TRE DEPARTMENT OF NATURAL RESOURCES AND DEPARTMENT OF FISH AND GAME MUTUALLY AGREE: 1. 3. 4. 5. Nothing in this cooperative agreement alters the obligation of DPOR and the ADF&G resource management divisions (wildlife Conservation; Sport Fish; Commercial Fisheries; Fisheries Rehabilitation, Enhancement, and Development; and Subsistence) to work with each other on issues regarding management of fish and wildlife populations and harvest. Nothing in the cooperative agreement shall obligate any party in the expenditure of funds or for future payments of money in excess of appropriations authorized by law. Each party agrees that it will be responsible for its own acts and the results thereof, and each party shall not be responsible for the acts of the other party, and each party agrees it will assume to itself risk and liability resulting in any manner under this agreement. Each party will comply with all applicable laws, regulations, and executive orders relative to equal employment opportunity. Nothing herein is intended to conflict with federal, state, or local. laws or regulations. If there are conflicts, the laws and regulations shall prevail; this agreement will be amended at the first opportunity to bring it into conformance with conflicting laws or regulations. Either the ADNR or the ADF&G may terminate its participation in this cooperative agreement by providing to the other party notice in writing 60 days in advance of the date on which its termination becomes effective. A free exchange of research and information between agencies is encouraged and is necessary to attain the management goals of the state. To follow permit consultation procedures that are in compliance with state regulations governing notice and review periods. Amendments to this agreement may be proposed by either agency and shall become effective upon approval of both agencies, 10. The effective date of this agreement shall be from the date of final signature. J (DS [-U-8F n WwW. Collinswort Date Commissioner Alaska Department of Fish and Game Alaska Department of Natural Resources A-96 . ALASKA ADMINISTRATIVE CODE CHAPTER 70. WATER QUALITY STANDARDS Section Section 10. General 58. (Repealed) 15. Short-term variance 60. (Repealed) 20. Protected water use classes and 70. (Repealed and consolidated) criteria 80. (Repealed and consolidated) 25. Site-specific criteria 81. (Repealed) 30. Procedure for applying water qual- 82. (Repealed) ity criteria 83. (Repealed) 32. Mixing zones 84. (Repealed) 33. Zones of deposit 85. (Repealed) 34. Thermal discharges 86. Enforcement discretion 40. (Repealed and consolidated) 90. (Consolidated) 60. Classification of state waters 100. (Repealed) 55. Procedure for reclassification 110. Definitions 18 AAC 70.010. GENERAL. (a) No person may conduct an opera- tion that causes or contributes to a violation of the water quality standards set by this chapter. (b) The water quality standards set by this chapter specify the degree of degradation that may not be exceeded in a water body as a result of human actions. The water quality standards are set by the antidegradation requirement of (c) of this section, and the water quality criteria of 18 AAC 70.020(b), applied in accordance with the remainder of this chapter. (c) Water with natural characteristics of higher quality than the water quality criteria for the use classes set out in 18 AAC 70.020 must be kept at the existing quality, unless an applicant for a permit issued or certified under 18 AAC 15, an applicant for a short-term variance issued under 18 AAC 70.015, or a petitioner for a re- classification under 18 AAC 70.055 shows to the department's satis- faction that (1) reducing water quality is justified because of necessary eco- nomic or social development; (2) except as allowed under 18 AAC 70.015, 18 AAC 70.032, or 18 AAC 70.033, reducing water quality will not violate the applica- ble criteria of 18 AAC 70.020 or 18 AAC 70.025, or otherwise harm present or potential uses of the water; and (3) all wastes and other substances to be discharged will be treated using the methods found by the department to be most effective. (d) No person may discharge or cause the discharge of any waste or substance into water of the state without first treating and con- trolling the discharge to ensure that the quality of the receiving wa- ter meets the standards set by this chapter. (e) Repealed 1/7/87. (In effect before 7/28/59; am 5/24/70, Register 34; am 8/28/71, Register 39; am 10/22/72, Register 44; am 2/2/79, Register 69; am 12/19/82, Register 84; am 3/30/84, Register 89; am 1/7/87, Register 100) Authority: AS 46.03.010 AS 46.03.070 AS 46.03.100 AS 46.03.020 AS 46.03.080 18 AAC 70.015. SHORT-TERM VARIANCE. (a) In its discretion, the department will grant a short-term variance from the anti- degradation requirement of 18 AAC 70.010(c) or the water quality criteria of 18 AAC 70.020(b) for a one-time, temporary activity that is a nonpoint source of water pollution, and for a temporary activity associated with the placement of dredged or fill material affecting a specific water body. A short-term variance will be granted only if an applicant shows to the department's satisfaction that (1) wastes or substances that might adversely affect water qual- ity are controlled, using methods found by the department to be most effective; (2) the activity will be conducted in a manner to mitigate water quality impacts, using methods found by the department to be most effective; and ‘ (3) the activity, when completed, will not cause a long-term, chronic, or recurring violation of the water quality standards. (b) The department will, in its discretion, grant a short-term variance by geographic area or project, or for a specific, individual event. The term of a variance will be as short as practicable, and will, at the latest, expire upon completion of the project. (c) A person seeking a short-term variance shall submit a written request and proceed in accordance with 18 AAC 15.020 — 18 AAC 15.100. The request must state the location, time, duration, and type of activity for which the variance is sought; reasons why the activity is required; the areal extent and quantified degree of variance from the applicable criteria; detailed construction and operating plans, in- cluding water pollution control and mitigation measures; and an esti- mate of the activity’s impact on the uses of the water involved, including recreation and use for habitat, rearing, growth, or migra- tion by fish, shellfish, other aquatic life, and wildlife. In its discretion, the deparjment will treat an application for a permit under Sec. 404 of the Clean Water Act as an application for a short-term variance. (Eff. 2/2/79, Register 69; am 4/23/79, Register 70; am 9/19/79, Regis- ter 71; am 1/7/87, Register 100) Authority: AS 46.03.010 AS 46.03.070 AS 46.03.080 18 AAC 70.020. PROTECTED WATER USE CLASSES AND CRITERIA. (a) Classes of use of the state’s water protected by cri- teria set out under (b) of this section are : (1) Fresh water (A) Water supply (i) drinking, culinary, and food processing, (ii) agriculture, including irrigation and stock watering, (iii) aquaculture, (iv) industrial; (B) Water recreation (i) contact recreation, (ii) secondary recreation; (C) Growth and propagation of fish, shellfish, other aquatic life, and wildlife; and A-98 (C) Growth and propagation of fish, shellfish, other aquatic life, and wildlife; and ! (D) Harvesting for consumption of raw mollusks or other raw aquatic life. (b) Water quality criteria applicable to each protected use class are (2) Marine water (A) Water supply (i) aquaculture, (ii) seafood processing, (iii) industrial; (B) Water recreation (i) contact recreation, (ii) secondary recreation; WATER QUALITY CRITERIA The water qually crRerle, when used in combination with the wes use designation, constt.te the water qualty standard for » particular water body. The water quaity standards repuiste human activities which resul In aherstone 10 waters within fhe juriediction Of fe sme FRESH FECAL COUFORM BACTERIA DISSOLVED GAS WATER USES (Bee Mote 1) (A) Water Supply Based on minimum of 5 samples taken in a Dissolved oxygen (D.0.) shall be greater 0 drinking, period of 30 days, mean shall not exceed 20 than or equal to 4 mg/l (this does nat apply culinary, and FC/100 mi, and not more than 10% of the Processing | samples shall exceed 40 FC/100 mi For (Qroundwater the FC concentration shall be tess than 1 FC/100 mi when using the tecal coliform Membrane Fiter Technique o less than 3 FC/100 mi when using the fecal coll form MPN technique. (A) Water Supply For products normally cooked and for dairy (® agricuture, ‘sanktation of pasteurized products, the mean, Including based on a minimum of § samples taken in a Irrigation. and period of 30 days. shall not exceed 200 stock watering | FC/100 mi, and not more than 10% of the samples shall exceed 400 FC/100 mi For Products not normally cooked and for dairy [See to lakes oF reservoirs In which supplies are taken from below the thermociine, or to (groundwater). 0.0. shall be greater than 3 mg/l in surtace waters. criteria for drinking water supply, 1(A)(I), shail apply. + (A) Water Supply For products normally cooked, the mean, (W) aquacuture | based on a minimum of 5 samples taken in a Period of 30 days, shall not exceed 200 FC/100 mi. and not more than 10% of the samples shall exceed 400 FC/100 mi. For Products not normaily cooked. the criteria for Grinking water supply, 1(A)(I), shall apply. Where worker contact is present, the mean FC bacteria concentration, based upon a minimum of § samples taken in a 30 day Period, shall not exceed 200 FC/100 mi. and ‘Rot more than 10% of the samples shall exceed 400 FC/100 mi. (i Water Supply 0) Industrial (8) Water Recreation Based on @ minimum of § samples taken in a @ contact 30 day period, the mean shall not exceed 20 recreation FC/100 mi, and not more than 10% of the total samples shall exceed 40 FC/100 mi (8) Water Recreation Based on a minimum of § samples taken in a 0.0. shall be greater than or equal to 4 mg. 0.0. shall be greater than or equal to 4 1 mg/. i (@) secondary 30 day period, the mean shall not exceed 200 Fecreation FC/100 mi, and not more than 10% of the total samples shall exceed 400 FC/100 mi. (C) Growth and Not applicable. 0.0. shall be greater than 7 mg/\ in waters. Propagation of used by anadromous and resident fish In Fish, Shebtfish, No case shall D.O. be less than 5 mg/toa other Aquatic depth of 20 cm in the interstitial waters of Ule. and Qravel used by anadromous or resident fish Wide for spawning (See Note 2) For waiers not used by anadromous or resident fish, DO. Shall be greater than or equal to 5 mg/. in No case shall DO. above 17 mg/l be per- mikted. The concentration of total dissolved 98S shall not exceed 110% of saturation at any point of sampie collection. A-99 quemy sanded for e particular water body. within he priediction of te state. constute the water Shall not be fess than 6.0 or greater ‘Shell not vary more than 0.8 pH unk Shall not exceed 25 NTU above netural con- @tion level. For all lake waters, shall not exceed § NTU over natural conditions. ‘established water supply treatment levets. ‘Shall not cause detrimental effects ‘on ‘Shall not be less than 5.0 or greater than 9.0. geeks i it eal Hine! | izgztel eine | e n t i ot | siesese HE (B) Water Recreation Shak not be less than 5.0 or greater than 9.0 A-100 WATER QUALITY CRITERIA Tho water gusty extort, when ened i comshaten wid Ge wus mo Gesignaten, conta Ge wate standard tor 8 partcuter water body. weer qualty standards regutate human acties which result in aherafons © waters within te of te cms. L_PRESH ‘TEMPERATURE DXBSOLVED BIORGUEC SUBSTANCES WATER USES © Water Supply Shall not exceed 15°C. Disscived Solids (TDS) from all sources @ drinking. shall not exceed 600 mg/l. Nekher chiorides catinary, and nor suffaies shall exceed 200 mg/l. food pr Water Supply Shall not exceed 30°C. shall not exceed 1,000 mg/l. Sodium @) agricuture, fratio less than 2.5, sodium percent. Including irriga- less than 60%, reskiuai carbonate less tion and stock (mg/, and boron less than 0.3 mg/l. (See watering (A) Water Supply Shall not exceed 20°C at any time. The Gisscived solids shell not exceed a mad (@) aquacutture following maximum temperature shail MQ/\, Including natural condi- not be exceeded, where applicable: Increase in TDS shall not exceed one- Concentration of the natural condi Migration routes: 16°C body of water. Spawning areas: 13°C Rearing Areas: 16°C Egg & Fry incubation: 13°C For ail other waters, the weekly average temperature shall not exceed ske specific requirements needed to preserve normal species diversity or to Prevent appearance of nuisance organisms. Water Supply Shall not exceed 25°C (No amounts above natural conditions which | (M) industrial (can cause Corrosion, scaling. or process prob- (8) Water Recreation Shall not exceed 30°C. Not applicable. @ contact recreation }) Water Recreation Not applicable. (Not applicable. (@) secondary fecreation HC) Growtn and ‘Shall not exceed 20°C at any time. The dissoived solids shall not exceed a max Propagation of Fish, | following maximum temperature shail of 1,500 mg/\, Inctuding natural condi- ‘Shelifish, other not be exceeded, where applicable: Increase in TDS shall not exceed one- ‘Aquatic Life, and ‘of the Concentration of the natural condi Widite Migration routes: 16°C of the body of water. - Spawning areas. 13°C Rearing areas: 15°C Egg & Fry incubation: 13°C For aft other waters, the weekly average temperature shall not exceed sie specific requirements needed to Preserve normal species diversity or to prevent appearance of nuisance ‘organisms. A-101 Substances shall not exceed Alaska Drinking Water Standards (18 AAC 80) or EPA Quality (Crfteria tor Water (See Note 5) as applicable to substances ‘Same as (1)(A)() where contact with a product destined for subsequent human consumption piseert. Same oe (TE) ot Cee ee Control Administration, Water Quality Substances shall not individually or in combination exceed 0.01 times the lowest measured 96 hour LC,, (See Note 8) for ie stages of species identified by the department ‘las being the most sensitive, biclogicalty impor- tart to the location, or exceed crfterta chted in EPA, Quality Criteria for Water (See Note 5) or Alaska Drinking Water Standards (18 AAC 80), whichever concentration is less. Substances shaft not be present or exceed concentrations which individually or in combination impart undesirable odor or taste to fish or other aquatic organisms as determined by either blo- assay oF organoleptic test (See Notes 5 and 8).| , Water Supply No imposed loads that will Interfere with (®) aquacifture ‘established water supply treatment levels. Water Supply No Imposed loads that will Interfere with (™) industrial established water supply trestment levels. Water Therease In concentrations of sediment, Including settieable solids, above natural Substances shall not be present which pose increased more than 5% by weight over natural conditions (as shown from grain size gravel bed of waters used by anadro- mous or resident fish for spawning exceed a mexdmum of 30% by weight (8s shown from grain size accumuation graph). (See Notes and 4). In all other surface waters no sediment loads (suspended or depostted) shall be present which can cause adverse effects on aquatic animal or plant lle, their reproduction or habkat. Substances shall not indMdually or in combination exceed 0.01 times the lowest measured 96 hour LC,, (See Note 8) for Me stages of species identified by the department fas being the most sensitive, biologically Impor- tant to the bocation, or exceed criteria cited in EPA, Quality Criteria for Water (See Note 5) or Alaska Drinking Water Standards (18 AAC 80). ‘whichever concentration is less. Substances shall not be present or exceed concentrations which Individually or In combination impart undesirable odor or taste to fish or other aquatic organisms as determined by efther bio- assay oF organoleptic tests (See Notes 5 and 8). A-102 The water qually citer, when used in combination wit the waier ves designation, constants te water qually stencerd for a paricutey water bed. The water qually standards requiais human activities which result in ateratons 1 waters wifun Bw priedicton of he sme 4 FRESH CoLoR PETROLEUM HYDROCARBONS, WATER USES © (Bee Note 11) ‘ORS AND GAEASE (A) Water Supply ‘Shall not exceed 75 color units where water not cause @ visible sheen upon the Q drinking, culinary, supply is or wil be treated. Shall not exceed the water. Shall not exceed con- land food processing § color units where water supply is not which individually or in combina- treated tion impart odor or tasie as determined by tests. (A) Water Supply Not applicable. ‘Shall not cause ea visible sheen upon the @ agricuture, the water. Inctuding Irrigation and stock wat (A) Water Supply ‘Shall not exceed 50 color unis. exceed 0.01 times the continuous (@) equacuture LC,, oF, # not available, the static test 96 hour LC,, for the species (See Notes 8 and 9) (A) Water Supply ‘Shall not cause detrimental effects on ‘Shai not make the water unfit or unsate for (M) industrial established water supply treatment levels. (8) Water Recreation ‘Shall not exceed 15 color units. (0) comact recreation r (8) Water Recreation | Shall not interfere with or make the water unit apparent color shall not exceed 50 color unks. ' A-103 (@) secondary ‘or unsafe for the use. tion on the surface or floor of the water recreation body or adjoining shoreline Surface waters ‘shall be virtually free from Boating ols. F (C) Growth and Color or apparent color shall not reduce the |} Total in the water column Propagation of Fish, | depth of the compensation point for photo- shall not exceed 15 ug/, or 0.01 of the low ‘Shelifish, other synthetic activity by more than 10% from the est measured continuous flow 96 hour LC,, Aquatic Ue, and seasonally established norm for aquatic life. for ile stages of identified by the Widitle For al waters not having @ seasonally depaniment as the senskive, blologt established norm for squatic Iife, color or cally Important species in a particular loca- tion, whichever concentration is less (See Notes 8 and 9). Total aromatic hydro- carbons in the water column shail not ex- ceed 10 ug/, of 0.01 of the lowest measured continuous flow 96 hour LC,, for lite stages of species identified by the department as the most senskive, blolog+- cally important species in a particular loca- tion, whichever conceniration Is less (See Notes 9 and 10). Concentrations of hydro- carbons, animal tats, or vegetable ols in the sediment shall not cause deleterious effects to aquatic We. Shall not cause a fim, ‘sheen, or discoloration on the surface or floor of the water body or adjoining shore- lines. Surface waters shal be virtually tree from Sioating ols. water quail orfteris, when veed in Combinetion with the water vee designation, consthte Pe water quality sanded petculr water Tae wes quay ceri. otter amt pomar orattce Cain react mt toseairs w wom waren Oot petaSctor of te sae in \_PREsH RADIOACTIMITY TOTAL WATER USES + RESIOUAL CHLORINE (A) Water Supply ‘Shell not exceed the concentrations specified | Not applicable. @ drinking, culinary, | in the Alaska Drinking Water Sundards (18 ‘and food processing | AAC 69) and shall not exceed limits specified in Twe 40, Fi Pant 20 (See Note 12) and Natlong! Bureeu of Standards. Handbook 69, (See Note 13). (A) Water Supply ‘Same as (1)(A)(). Not applicable. @ agricuture, Including krigation land stock watering (A) Water Suppty Same as (1)(A)(}) except concentration ‘Shell not exceed 2.0 ug/l for salmonid fish (®) aquacutture factors for organisms Involved shail not oF 10.0 ug/ for other organiems. (See exceed maximum permissible fimits for Note 5) specific radioisotopes and unidentified mocures as established by Tie 10, Code of Eeders! Reoustions. Part 20 (See Note 12) ‘and Nationa! Bureau of Standards, Handbook 8, (See Note 13). (A) Water Supply Same as (1)(A)(). Not applicable. (M) industrial (8) Water Recreation | Same as (1)(A)(). Not applicable. Pree (B) Water Recreation | Same as (1)(A)(). Not applicable (© secondary ie (C) Growth and Same as (1)(A)(m). Shell not exceed 2.0 ug/l for salmonid fish Propagation of Fish, OF 10.0 ug/ for other organisms. (See Sheffish, other Note 5). Aquatic Ule, and Widilfe A-104 wane win the hriedicfon of fe ste ren Uses Sette, Debris, WATER . me foe, we pauncese mappbes), Water Supply ‘Shall not aione or in combination with other substances or wastes make the water unit @ drinking. culinary, or unsate for use, cause @ fim, sheen, or discoloration on the surtace of the water or land food processing adjoining shoreline, cause leaching of toxic or deleterious subsiances, or cause a sludge, solid, or emutsion to be deposited benesth or upon the surtace of the water, within the water column, on the bottom, or upon adjoining shorelines. Water Supply Shall not be present in quantities to cause sol plugging, reduced crop yleid, or cause (@ agricutture, Inctuding the water to be unfit or unsate for the use. kerigation and stock water Water Supply ‘Shall not alone or in combination with other substances or wastes cause the water to (@) equacuture be unfit or unsafe for the use. Water Suppty Shall not alone or in combination with other substances or wasies make the water unfit () industrial or unsafe for the use. | }) Water Recreation @ contact recreation Shall not alone or in combination with other substances or wasies make the water unfit or for use, film, sheen, or discoloration on the surface of the water or adjoining shorelines, cause leaching of toxic or deleterious substances, or cause a be deposked beneath or upon the surtace of the water, column, on the bottom, or upon adjoining shorelines. i ley Water Recreation (@ secondary recreation adjoining shorelines, cause leaching of toxic or deleterious subsiances, or cause & ‘sludge. solid, or ernuision lo be deposited beneath or upon the surtace of the water, within ine waler column, on the bottom, or upon adjoining shorelines. KC) Growth and Propagation of Fish, ‘Shellfish, otner Aquatic Le, and Widlite ‘Shall not alone or in combination with other subsiances or wastes cause the water to be unfit or unsafe, or cause acute or chronic problem levels as determined by bioassay or other appropriaie methods. Shall not alone or in combination with other substances cause a fim, sheen, or discoloration on the surface of the water or adjoining shorelines ‘or cause leaching of toxic or deleterious substances, or cause a sludge. solid, or ernus- sion to be deposited beneath or upon the surface of the water, within the water column. ‘on the bottom, or upon adjoining shorelines. A-105 WATER QUALITY CRITERA crfterta, when veed In combination with the weter vse designation, constitute the water quality standard for 8 perficuler water body. standarh regulate humen actviies which result in aterations b water: within the jurisdiction of fe sate, . PECAL COUFORM BACTERIA (°C) DeSSOLVED GAS (Bee Mote 1) water ater i ta 3 ‘ (A) Water Supply For products normally cooked, the mean, ‘Surtace dissolved oxygen (0.0.) concentra- @ aquecuture based on @ minimum of 5 samples taken in @ | tion in coastal water shall not be less then days, shall not exceed 200 FC/100 mi, and not more than 10% of the samples shall exceed 400 FC/100 mi. | (8) Water Recreation | Based on a minimum of 5 sampies taken ina | Same as (2)(A)(). @) contact 30-day period, the mean shai not exceed 20 recreation FC/100 mi, and not more than 10% of the samples shall exceed 40 FC/100 mi (B) Water Recreation | Based on a minimum of 5 samples taken ina | Same as (2)(A)() ®) secondary 30-day period, the mean shall not exceed 200 recreation FC/100 mi, and not more than 10% of the samples shall exceed 400 FC/100 mi. (C) Growth and Not applicable. Same as (2)(A)()) Propagation of Fish, Shefifish, Aquatic Ute, and Widie | {D) Harvesting for Based on a 5-tube decimal dilution test, the | Same as (2)(A)(). Consumption of Raw | fecal coltform median MPN shall not exceed Mollusks or other 14 FC/100 mi. and not more than 10% of the Raw Aquatic Life samples shall exceed a FC MPN of 43 FC/100 mi (See Note 14). A-106 The water quailty criteria, whee veed in combination with fe water Gesipnation consinas te water standard for 8 pertoute water body. The wate quay cri, ote wo macnn sobttre Gch ron n cheetons tcars einen Oo LINICEGR of bo Sa 7 waren Uses (veteson 2ptt tor waters . — cteide De specttied (A) Water Suppty ‘Shall not be less than 6.5 or greater . | Shall not exceed 25 NTU. @ aquacuture ‘and shall not vary more than 0.1 pH natural conditions. (A) Water Supply Shall not be less than 6.0 or greater than 6.5. | Shall not interfere with disinfection. @® sealood ‘Shall not vary more than 0.5 pH una from processing natural conditions. (A) Water Suppty ‘Shall not be less than 5.0 or greater ‘Shall not cause detrimental sfiects on @ Wodustrial established levets of water supply treatment. (8) Water Recreation | Shall not be less than 6.5 or greater |. | Shall not exceed 25 NTU. ( contact recreation | #f the natural pH condition is outside (B) Water Recreation ‘Shall not be less than 5.0 or greater than 9.0. (W) secondary recreation (C) Growth and Shall not be less than 6.5 or greater than 8.5, | Shall not reduce the depth of the compen- Propagation of Fish, | and shall not vary more than 0.1 pH unit from | sation point for photosynthetic activity by Shelifish, Aquatic Life = (D) Harvesting for Consumption of Raw Mollusks or other Raw Aquatic Life Natural conditions. Shall not be less than 6 0 or greater than 8.5. | Same as (2)(C). Shall not vary more than 0.5 pH uni from natural conditions. A-107 The na Seay Sana ps Nena a, ae mae eat fb vemrs warn Pe Area ore ae TT ware TEMPERATURE DISSOLVED Waren Uses © ORGANIC SUBSTANCES A) Water Supply Shall not cause the weekty average tempera- No man-induced afterations shall be made aquecuture ture to increase more than 1°C. The thet would cause a in the water's maximum rate of change shall not exceed lsoheline patterns of more than + 10% of OS iC ber nou Normal daly temperature the natural variations. cycles not lered in amplitude or frequency. (A) Water Supply Shai not exceed 15°C. Not applicable. ® seatood Processing A) Water Suppty ‘Shall not exceed 25°C. No amounts above natural conditions which @® industriel can cause corrosion, scaling, or process Problems. 4 (8) Water Recreation | Not applicable. Not applicable. () comtact recreation (8) Water Recreation | Not applicable Not appiicable (¥) secondary recreation | (C) Growth and Shall ndt cause the weekty tempera- Maximum allowable variation above natural Propagation of Fish, Sheffish, Aquatic Life and Widilte ture to Increase more than °C. The maximum rate of change shall not exceed 0.5°C per hour Normal dally temperature cycles shall not be aiteved in ampitude or frequency. * Salinty* ‘Salinty* 000 to 035 1 03.5 to 13.5 2 13.5 to 35.0 4 * parts per thousand Same as 2(C). A-108 ‘Same as 2(A)() and/or 2(C) as determined ‘appropriate by the department. Below normaity detectable amounts. No imposed loads that wil Interfere with established water supply realment levels. Substances shall not be present which pose hazards to worker contact, No measurable increase in concentrations above natu- fal conditions. ‘Shall not pose hazards to Incidental human contact or cause interference with the use. (No measurable increase in concentration above natural conditions. | | Substances shall not exceed EPA. Quality Crteria for Waier (See Note 5) es applicable to constituent. ‘Subsiances shall not be present which pose hazards to tai human contact. Substances shall not individually or in combination exceed 0.01 times the lowes! measured 96 hour L.C,, (See Note 8) for live stages of species identified by the depariment as being the mos! sensitive, biologically important to the location, or exceed criena clhted in EPA, (See Note 5) o Alaska Donking Water Standards (18 AAC 80), whichever con- Certration is less Substances shall not be present or exceed concentrations which individually or in combination impart un- desirable odor or tasie to fish or other aquatic organisms as determined by either bioassay or organoleptic test (See Note 5 ‘and 8). Subsiances shall not individually or in combination exceed 0.01 times the lowest measured 96 hour LC,, (See Note 8) for ite stages of species identified by the depariment as being the most sensitive, biologically important to the location, or exceed crteria clted in EPA, Qualhty Criteria for Water (See Note 5) whichever concentration is less. Substances shall not be present or exceed concentrations which individually or in com- bination impart undesirable odor or taste to fish or other aquatic organisms as determined by ether bioassay or organo- leptic test (See Note 5 and 8). A-109 MARINE, coLon PETROLEUM HYDROCARBONS, (ATER USES ¥ (EE wOTE 11) ONS AN GREASE Water Supply Shall not exceed 50 color units. ‘Shall not exceed 0.01 times the continuous flow 96 ) equacutture hour LC,, or, I not available, the static test 96 hour LC,, for the species Involved. (See Notes 8 and 9). Water Supply ‘Shall not exceed 75 color units In Shall not cause a fim, sheen, or discoloration on the (®) seafood water supplies which wil be ‘surface or floor of the water body or adjoining processing ‘veated. Untreated water supplies shorelines. Surface waters shell be virtually free from ‘shall not exceed 5 color unks. floating ols. Shall not exceed concentrations which Indidually oF in combination impart odor or taste as Oetermined by organoleptic tests. Water Supply (Not applicable. Shall not make the water unfR or unsate for the use. (© industrial ) Water Recreation @ contact ‘Shall not exceed 15 color uns. Hi fi recreation L Water Recreation @® secondary recreation Surtace waters shall be tree of substances producing objection- adie color. re i ; i KC) Growth and Propagation of Fish, Sheltfish, Aquatic Ule. and Widille Color or apparent color shail not reduce the depth of the compen- tation point for photosynthetic ‘ectity by more than 10% from the ‘seasonally established norm for aquatic Ife For al waters not having @ seasonally established norm for aquatic Ie color, or apparent color, shall not exceed 50 color unis. identified by the department as the most sensitive, biologically Important species in a particular location whichever concentration Is less (See Notes 9 and 10). There shall be no concentrations of hydrocarbons, ‘animal fats, or vegetable ols in the sediment which cause deleterious effects to aquatic Ite. Surface 8nd adjoining shorelines shall be virtually free from floating of, fim, sheen or discoloration. forever Consumption of Raw Mollusks or Other Raw Aquatic Ute Same as (2)(C). ‘Shall not exceed concentration which individually or in combination impart undesirable odor or taste to organisms as determined by bioessay and/or organoleptic tests. A-110 WATER QUALITY CRITERIA , COn stints the water qually slander’ tor e particular wate body. MARINE RADIOACTIVITY ATER USES © TOTAL at aoe Water Suppty Shall not exceed the concentrations spect Concentrations shail not exceed 2.0 ug/ @ equecuiture fied In the for saimonid fish, or 10.0 ug/\ for other or- Concentration factors for organisms ganisms (See Note 5). Involved shall not exceed maximum permis- eile limits for specific radioisotopes and unidentified mbdures as established in The 10, Pan 20 (See Note 12) and National Bureau of Standards. Handbook 69 (See Note 13). Water Supply pl larrenret seheringr sy ret Not applicable. sealood in HS nat (See Note 5)and shall not exceed limits specified in Tile 10, Code of Federal Regu lations, Part 20 (See Note 12) or National Bureau of Standards, Handbook 69 (See mes (A) Water Supply Same as (2)(A)(W). Not applicable. (W) Industral ) Water Recreation Same as (2)(A) (i) Not applicable. () contact recreation | }) Water Recreation: Same as (2)(A)(W). Not applicable. . secondary i eo (C) Growth and Same as (2)(A)(). Concentration shall not exceed 2.0 ug/l for Propagation of Fish, -| salmonid fish or 10.0 ug/\ for other or- Shelfish, Aquatic anisms (See Note 6) Le, and Widlile | oes KO) Harvesting for Same as (2)(A)(), ‘Shall not exceed 1 mg/\ at any time | Consumption of Raw Mollusks or other Raw Aquatic Lie A-111 33 i i as 2 i i oF in combination with other substances, make the water unfit or cause @ fim, sheen. or discoloration on the surface of the water or shoreline; cause leaching of toxic or deleterious substances; or cause @ |. OF emulsion to be deposited beneath or upon the surface of the the water column, on the bottom, or upon adjoining shorelines. it} ise i | i Hu iy i i i } i : i 3 z | i t i ‘Shall not alone or in combination with other substances, make the water unfit or unsafe for use; cause a fim, sheen, or discoloration on the surtace of the water or of toxic or deleterious substances; or cause @ deposited beneath or upon the surtace of the i i i z ‘Shell not alone or in combination with other substances, cause the water to be unit or unsale for use; cause a fim, sheen, or discoloration on the surtace of the water & adjoining shorelines; cause leaching of toxic or deleterious substances; or cause 8 studge, solid, or emulsion to be deposited beneath or upon the surtace of the water, within the water column, on the bottom, or upon adjoining shorelines. Growth and Propagation of Fish, Shetfish, Aquatic Life, and Wide ‘Shall not, alone or in combination with other substances or wastes, make the water unfit or unsafe, or cause acute or chronic problem levels as determined by blo- essay or other appropriate methods. Shall not, alone or in combination with other ‘Substances, cause a film, sheen, or discoloration on the surtace of the water or adjoining shorelines; cause leaching of toxic or deleterious substances. or cause & studge, solid. or emulsion to be deposited beneath or upon the surtace of the water, within the water column, on the bottom, or upon adjoining shorelines. ) Harvesting for Consumption et Raw Mollusks or other Raw Aquatic Lite ‘Shek not make the water unfR or unsafe for use; cause a film, sheen. or discolora- thon on the surface of the water or adjoining shoreline. cause leaching of toxic or deleterious substances; or cause @ sludge, solid. or emulsion to be deposked beneath or upon the surface of the water, within the water column, on the bottom, © upon adjoining shorelines. A-112 Notes: 1. Wherever cited in this chapter, fecal coliform bacteria will be determined by the membrane filter technique or most proba- ble number procedure according to Standard Methods for the Examination of Water and Wastewater, 16th edition, 1985 (see (c)(1) of this section) or in accordance with other standards approved by the department and the U.S. Environmental Pro- tection Agency (EPA). 2. Wherever cited in this chapter, dissolved oxygen (DO) concen- trations in interstitial waters of gravel beds will be measured using the technique found in Variations in the Dissolved Oxy- gen Content of Intragravel Water in Four Spawning Streams of Southeastern Alaska, Special Scientific Report — Fisheries No. 402, February 1962, by William J. McNeil, available from the U.S. Department of the Interior. See Note 16. 8. Wherever cited in this chapter, fine sediments must be sam- pled by the method described in An Improved Technique for Freeze Sampling Streambed Sediments, USDA Forest Service Research Note PNW-281, October 1976, by William J. Walkot- ten, available from the USDA Forest Service Pacific North- west Forest and Range Experiment Station, P.O. Box 909, Juneau, AK 99802, or by the technique found in Success of Pink Salmon Spawning Relative to Size of Spawning Bed Ma- terials, Special Scientific Report Fisheries No. 469, January 1964, by William J. McNeil and W. H. Ahnell, pages 1 through 38, available from the U.S. Fish and Wildlife Service. See Note 16. : 4. Wherever cited in this chapter, percent accumulation of fine sediments will be measured by the technique found in the Manual on Test Sieving Methods, Guidelines for Establishing Sieve Analysis Procedures, STP 447A, 1972 edition, available from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. See Note 16. 5. The term “EPA Quality Criteria for Water” includes Quality Criteria for Water, July 1976, U.S. Environmental Protection Agency, Washington, D.C. 20460, U.S. Government Printing Office: 1977 0-222-904, the Ambient Water Quality Criteria for the 64 toxic pollutants listed in the Federal Register, Vol. 45, No. 231, pg. 79318, November 1980, the Ambient Water Qual- ity Criteria Document for 2, 3, 7, 8-tetrachlorodibenzopdioxin (TCDD) listed in the Federal Register, Vol. 49, No. 32, pg. 5831, February 1984, and the final ambient water quality crite- ria documents listed in the Federal Register, Vol. 50, No. 145, pg. 30784, July 1985. These documents may be seen at the cen- tral office of the department or may be purchased through the A-113 National Technical Information Service, U.S. Department of Commerce, Springfield, VA 22161. : The Report of the Committee on Water Quality Criteria, Fed- eral Water Pollution Control Administration, Washington, D.C., April 1, 1968, available from the Superintendent of Docu- ments, U.S. Government Printing Office, Washington, D.C. See Note 16. ; . Water Quality Criteria 1972, Environmental Studies Board of. | the Nation&l Academy of Sciences and the National Academy of Engineering, Washington, D.C., 1972, EPA-R3-73-033, . - March 1973, is available from the Superintendent of Docu- 10. - Ll. 12. 13. 14, ments, U.S. Government Printing Office, Washington, D.C. 20204 (Stock No. 5501-00520). See Note 16. Continuous-flow LCgo bioassays will apply if required by the department; static bioassays will apply otherwise. Water qual- ity must be analyzed according to Standard Methods for the Examination of Water and Wastewater, 16th edition, 1985 (see (c)(1) of this section) or in accordance with other standards approved by the department and EPA. Water-soluble extracts of petroleum hydrocarbons will be used as test solutions in LC,o bioassays using preparation tech- niques listed in Anderson, J.W., et al., published in Marine Bi- ology, v. 27, p. 75, 1974. See Note 16. Continuous-flow LCgo bioassays will apply if required by the department; static bioassays will apply otherwise. The proce- dures used to analyze total aromatic hydrocarbons will be in accordance with standards approved by the department and EPA. . Color is as measured in color units on the platinum-cobalt scale according to Standard Methods for the Examination of Water and Wastewater, 16th edition, 1985 (see (c) (1) of this section). Wherever cited in this chapter, 10 C.F.R. Part 20 means the Standards for Protection Against Radiation published in the Code of Federal Regulations, January 1, 1978. See Note 16. Wherever cited in this chapter, National Bureau of Standards Handbook 69 means Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and Water for Occupational Exposure, U.S. Department of Commerce, National Bureau of Standards Handbook 69, June 5, 1959, available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. See Note 16. Wherever cited in this chapter, the National Shellfish Sanita- tion Program, Manual of Operations, Part I, means Sanitation of Shellfish Growing Areas, 1965 Revision, U.S. Department of A-114 Health, Education and Welfare, Public Health Service Pub- lication No. 33 Part I, available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. See Note 16. 15. Volumetric measurements of settleable solids must be deter- mined according to the following procedure: fill an Imhoff cone to the one-liter mark with thoroughly mixed sample. Settle for 45 minutes; gently stir sides of cone with a rod or by spinning; settle 15 minutes longer, and record volume of settleable mat- ter in the cone as milliliters per liter. If the settled matter contains pockets of liquid between large settled particles, esti- mate volume of these and subtract from volume of settled mat- ter. 16. The cited document is on file in the lieutenant governor’s office and may be seen at any department office. (c) Water quality will be analyzed according to (1) Standard Methods for the Examination of Water and Waste- water, 16th edition, 1985, published jointly by the American Public Health and American Water Works Associations, and the Water Pollution Control Federation (publisher: American Public Health Association, 1015 15th Street NW, Washington, D.C. 20005); (2) Methods for Chemical Analysis of Water and Wastes, March 1979, Technical Report No. EPA 600-4-79-020, Environmental Monitoring and Support Laboratory, Office of Research and De- velopment, U.S. Environmental Protection Agency, Cincinnati, OH 45268 (available from the National Technical Information Service, U.S. Department of Commerce, Springfield, VA 22161, Order No. PB 297686); (3) Guidelines Establishing Test Procedures for the Analysis of Pollutants; Final Rule and Interim Final Rule and Proposed Rule, Federal Register Part VIII, EPA, Friday, October 26, 1984, 40 C.F.R. Part 186, Vol. 49, No. 209; : (4) Guidelines Establishing Test Procedures for the Analysis of Pollutants; Final Rule and Interim Final Rule and Proposed Rule; Corrections, Federal Register Part VI, EPA, Friday, January 4, 1985, 40 C.F.R. Part 136, pages 690 through 697; (5) Methods for Organic Chemical Analysis of Municipal and In- dustrial Wastewater, July 1982 Technical Report No. EPA 600 14-82-057, Environmental Monitoring and Support Laboratory, Cincinnati, OH 45268; (6) methods cited in (b) of this section; or (7) other methods of analysis approved by the department and EPA. (In effect before 7/28/59; am 5/24/70, Register 34; am 8/28/71, Register 39; am 10/22/72, Register 44; am 8/12/73, Register 47; am 2/2/79, Register 69; am 4/23/79, Register 70; am 9/19/79, Register 71; am 12/19/82, Register 84; am 6/23/85, Register 94; am-1/7/87, Register 100) ' Authority: AS 46.03.020 AS 46.03.070 AS 46.03.080 A-115 18 AAC 70.025. SITE-SPECIFIC CRITERIA. (a) In its permits or variances, the department will, in its discretion, modify the water quality criteria set out in 18 AAC 70.020(b) if it is demonstrated to the department's satisfaction that (1) for reasons specific to a certain site, a criterion is more or less stringent than necessary to protect the corresponding use class; © (2) a criterion would require that the receiving water at a cer- tain site be of higher quality than natural conditions; or (3) acriterion would be better expressed in terms different than those used in 18 AAC 70.020(b). (b) The department will set site-specific criteria for the “growth and propagation of fish, shellfish, other aquatic life and wildlife” use classes in 18 AAC 70.020(a)(1)(C) and 18 AAC 70.020(a)(2)(C) only if it is demonstrated to the satisfaction of the department that (1) the species or habitats present, or expected to be present under natural conditions, are more or less sensitive to the sub- stance than indicated by the criterion, and therefore a site-specific criterion is required to prevent adverse effects or to alleviate an unnecessarily restrictive general criterion; or (2) the characteristics of the receiving environment in its pre- sent and natural state would increase or reduce the biological availability or the toxicity of the substance, or otherwise alter the substance, so that a site-specific criterion is required to prevent adverse effects or to alleviate an unnecessarily restrictive general criterion. (c) In all cases, a site-specific criterion must fully protect the cor- responding use class. The department will require a person seeking a site-specific criterion to provide all information the department deems necessary to modify the criterion. In all cases, the burden of proof is on the person seeking a site-specific criterion. (Eff. 1/7/87, Register 100) Authority: AS 46.03.020 AS 46.03.070 AS 46.03.080 18 AAC 70.030. PROCEDURE FOR APPLYING WATER QUALITY CRITERIA. In applying the appropriate water quality criteria for any water body or portion of a water body, the depart- ment will use the following procedure: (1) if a water body is protected for more than one use class un- der 18 AAC 70.050, the most stringent water quality criteria for all the included use classes will apply; (2) at the boundary between waters protected for different use classes under 18 AAC 70.050, the water quality criteria for the more stringent use class will apply; and (3) in estuaries, where the fresh and marine water quality crite- ria differ within the same use class, the standard will be deter- mined on the basis of salinity; however, the marine water quality criteria will apply for dissolved oxygen if the salinity is one part per thousand or greater and for fecal coliform bacteria if the sa- linity is 10 parts per thousand or greater. (In effect before 7/28/59; am 5/24/70, Register 34; am 8/28/71, Register 39; am 10/22/72, Reg- *ister 44; am 8/12/73, Register 47; am 2/2/79, Register 69; am 1/7/87, Register 100) : Authority: AS 46.03.020(10) AS 46.03.070 AS 46.03.080 A-116 18 AAC 70.032. MIXING ZONES. (a) In applying the water quality criteria of 18 AAC 70.020, the department will, in its discretion, prescribe in its permits or certifications a volume of dilution for an effluent or substance within a receiving water. Water quality standards may be exceeded within this mixing zone. However, the standards must be met at every point outside its boundaries. The department will not allow mixing zones if (1) there is significant potential for adverse environmental or health effects due to discharge of a substance that bioaccumulates in food chains; concentrates in sediments; or is persistent, carcinogenic, mutagenic, or terato- genic, or (2) other potential environmental or health effects are so adverse that a mixing zone is not appropriate. A mixing zone will be granted only after the applicant has shown to the department's satisfaction that the wastes or substances that may exceed the water quality criteria limits will be treated using the methods found by the department to be most effective. (b) The department will. in its discretion. establish effluent limitation requirements in its wastewater disposal permits in lieu of or in addition to a defined mixing zone. (c) No individual mixing zone or combination of mixing zones will be permitted to form a barrier to the migratory routes of aquatic species. (d) In determining the size of mixing zones. the department will consider the following: (1) the physical, biological and chemical characteristics of the receiving water: (2) the effects of the discharge on the present and anticipated protected water uses and quality of the receiving water; (3) the mixing characteristics of the receiving water; and (4) the characteristics of the effluent, including flow rate and composition. A-117 (e) Unless it is demonstrated to the satisfaction of the department, in accordance with (f) of this section, that the size limitations can be increased, mixing zones will be as small as practicable and will comply with the following size limitations: i (1) the cumulative linear width of the mixing zone(s) intersected on any given cross section of a river or stream will not exceed one third of the total width of that cross section; (2) the total horizontal area allocated to all mixing zones on a lake will not exceed 10 percent of the lake’s surface area; (3) the cumulative linear length of the mixing zone(s) intersected on any given cross section of an estuary, inlet, cove, channel, or other marine water measured at mean lower low water may not exceed 10 percent of the total length of that cross section, nor may the total horizontal area allocated to mixing zones in these waters exceed 10 percent of the surface area measured at mean lower low water. (tf) A person conducting an operation for which a mixing zone is sought or required by the department shall submit to the department all information necessary for assignment of a mixing zone, including (1) the type of operation being conducted: (2) the characteristics of the effluent or material, including flow rate and composition, (3) the characteristics of the receiving water at the location of the proposed discharge or activitv. including but not limited to. where appropriate, water quality, flow rate. current patterns, depth and width, and seasonal changes: (4) a description of the extent to which the operation may impact the physical, biological and chemical characteristics of the receiving water: and (5) a proposed design for outfall and diffuser structures. (In effect before 7/28/59: am 5/24/70. Reg. 34; am 8/28/71, Reg. 39; am 10/22/72, Reg. 44: am 8/12/73. Reg. 47; am 2/2/79. Reg. 69: am 4/23/79, Reg. 70; am 9/19/79, Reg. 71: am 3/30/84, Reg. 89) Authority: AS 46.03.020(10)(A) ‘ AS 46.03.070 AS 46.03.080 AS 46.03.100 AS 46.03.110 ‘ ~ 18 AAC 70.033. ZONES OF DEPOSIT. (a) In its discretion, the department will issue or certify a permit that allows deposit of sub- stances on the bottom of marine waters within limits set by the de- partment. The water quality criteria of 18 AAC 70.020(b) and the antidegradation requirement of 18 AAC 70.010(c) may be exceeded im a zone of deposit. However, the standards must be met at every point outside the zone of deposit. In no case may the water quality standards be violated in the water column outside the zone of deposit by any action, including leaching from, or suspension of, deposited materials. Limits of deposit will be defined in a short-term variance ey ani 18 AAC 70.015 or a permit issued or certified under 18 (b) In deciding whether to allow a zone of deposit, the department will consider, to the extent it deems appfopriate, — @) alternatives that would eliminate, or reduce, any adverse ef- fects of the deposit; . (2) the potential direct and indirect impacts on human health; (3) the potential impacts on aquatic life and other wildlife, in- cluding the potential for bioaccumulation and persistence; (4) the potential impacts on other uses of the water body; (5) the expected duration of the deposit and any adverse effects; and (6) the potential transport of pollutants by biological, physical, and chemical processes. (c) The department will, in its discretion, require an applicant to provide information that the department deems necessary to ade- quately assess (b)(1) — (b)(6) of this section. In all cases, the burden of-proof for providing the required information is on the person seek- ing to establish a zone of deposit. (Eff. 3/30/84, Register 89; am 1/87, Register 100) Authority: AS 46.03.020(10) AS 46.03.080 AS 46.03.110 AS 46.03.070 AS 46.03.100 18 AAC 70.034. THERMAL DISCHARGES. Under sec. 316(a) of the Clean Water Act of 1977, if the owner or operator of a thermal discharge source, after opportunity for public hearing, can show to the department’s satisfaction that application of the temperature cri- terion in 18 AAC 70.020 is more stringent than needed to assure the protection and propagation of diverse indigenous and anadromous populations of aquatic life in waters to which the discharge would occur, the department will, in its discretion, apply a new temperature criterion to the water body affected. The new criterion will assure the protection and propagation of diverse indigenous and an- adromous populations of aquatic life, and other wildlife, in and on that water body, according to its protected use classes. (Eff. 2/2/79, Register 69; am 1/7/87, Register 100) 7 Authority: AS 46.03.020 AS 46.03.070 AS 46.03.080 18 AAC 70.040. NATURAL CONDITIONS. Repealed and consoli- dated into 18 AAC 70.010, 2/2/79. . A-118 18 AAC 70.050. CLASSIFICATION OF STATE WATERS. (a) Except as specified in (b) of this section, state water is protected for the following use classes: (1) fresh waters — Classes (1XA), (1B), and (1XC); (2) groundwaters — Classes (1XA) and (2XAXiii); (8) marine waters — Classes (2A), (2XB), (2XC), and (2XD). (b) Specific water of the state is classified as follows: Designated Watershed Latitude Use Reach of TypeName Number® Longitude** Location Class Water 90 3004 64°47'45°N near (1XAMii), confluence of Chena peal i 147°64'45°W Fairbanks (1XAMXiii), River and Chens (1XAKiv), Slough to the (1B), confluence of Chena and River and Tanana (XC). River : i of Nolan Nolan 190 3005 67°27'35"N_ near (XAXiv) — beadwaters Creek 60°14'49°W Wiseman Creek to its all its i r confluence with tributaries Wiseman Creek, and excluding from the headwaters Acme of each tributary of Creek Nolan Creek to its Designated Watershed Latitude Use Reach of TypeName Number’ Longitude** Location Class Water Affected confluence with Nolan Creek excluding Acme Creek “Watershed numbers refer to watersheds established by the U.S. Department of Inte- nor, Geological Survey "HYDROLOGIC UNIT MAP — 1974 STATE OF ALASKA” for sale by the U.S. Geological Survey, Fairbanks, AK 99701; Denver, CO 80225; or Reston, VA 22092. This document is on file in the lieutenant governor's office and may be seen at any department office. **River latitudes and longitudes are set at the downstream end of the affected river reach, as determined from U.S. Department of Interior, Geological Survey quadrangie maps or as assigned in “Water Resources Data for Alaska Water Year 1977" (US. Geological Survey Water — Data Report AK-77-1). (In effect before 7/28/59; am 5/24/70, Register 34; am 8/28/71, Register 39; am 10/22/72, Register 44; am 8/12/73, Register 47; am 2/2/79, Reg- ister 69; am 9/22/84, Register 91; am 1/7/87, Register 100) Authority: AS 46.03.020(10) AS 46.03.070 AS 46.03.080 A-119 18 AAC 70.055. PROCEDURE FOR RECLASSIFICATION. (a) At least once each year, the department will hold hearings for the purpose of reviewing the classification of state water under 18 AAC 70.050. In its discretion, the department will use information ob- tained from the public hearings, and from other sources considered appropriate by the department, in carrying out the department’s policymaking functions with respect to reclassification of state water. (b) A decision on whether to proceed with reclassification is a mat- ter of the department's discretion. Before amending 18 AAC 70.050 to reclassify state water, the department will conduct at least one public hearing, and otherwise comply with 40 C.F.R. Part 131, as amended effective December 8, 1983, and other applicable state and federal statutes and regulations. (c) An interested person may petition the department for the adop- tion or repeal of a classification of state water under 18 AAC 70.050 in accordance with AS 44.62.220 — 44.62.230. This subsection nei- ther expands nor restricts the opportunity to petition provided un- der AS 44.62.220 — 44.62.230. The opportunity to petition does not give rise to an adjudicatory hearing nor to any adjudicative proce- dures under AS 44.62.3380 — 44.62.630. (d) The following water may not be reclassified under this section: (1) water in areas administered under the National Wilderness Preservation System; (2) water in state and national parks, national preserves and monuments, national recreation areas, and national wildlife ref- uges; (3) wild and scenic rivers established under 16 U.S.C. 1271 et seq.; (4) marine sanctuaries established under 33 U.S.C. 1401 et seq.; (5) estuarine sanctuaries established under 16 U.S.C. 4151 et seq.; (6) water in critical habitat areas established under AS 16.20.220 — 16.20.270; and (7) water in Land Use Designation (LUD) II areas established by the U.S. Forest Service. (Eff. 2/2/79, Register 69; am 12/19/82, Register 84; am 1/7/87, Register 100) Authority: AS 46.03.020 AS 46.03.070 AS 46.03.080 18 AAC 70.058. RECLASSIFICATION CRITERIA. Repealed 1/7/87. 18 AAC 70.060. PERMITS. Repealed 10/22/72. 18 AAC 70.070. WATER QUALITY CRITERIA FOR WATERS OF THE STATE OF ALASKA. Repealed and consolidated into sec. 20(b), 10/22/72. A-120 18 AAC 70.080. MINIMUM TREATMENT. Repealed and consoli- dated into 18 AAC 72, 2/2/79. 18 AAC 70.081. CERTIFICATE OF REASONABLE ASSUR- ANCE. Repealed 8/21/78. 18 AAC 70.082. PUBLIC NOTICE OF APPLICATION. Re- pealed 8/21/78. 18 AAC 70.083. PUBLIC HEARING. Repealed 8/21/78. 18 AAC 70.084. NOTICE OF PUBLIC HEARING. Repealed 8/21/78. 18 AAC 70.085. ACTION UPON APPLICATION. Repealed 8/21/78. 18 AAC 70.086. ENFORCEMENT DISCRETION. In determin- ing whether to initiate enforcement action on a water quality viola- tion, the department will consider whether the activity in question was conducted in compliance with permit conditions established in accordance with AS 46.03.100 or 46.03.110(e), and with 18 AAC 15; engineering plans approved in accordance with AS 46.03.720; or best management practices adopted by the department. This section is intended to confirm the department’s enforcement discretion, and does not create a reviewable decision. (Eff. 2/2/79, Register 69; am 1/7/87, Register 100) Authority: AS 46.03.020 18 AAC 70.090. IMPLEMENTATION AND ENFORCEMENT PLAN. Consolidated in 18 AAC 72, 2/29/79. 18 AAC 70.100. PENALTIES. Repealed 8/21/78. 18 AAC 70.110. DEFINITIONS. Unless the context indicates oth- erwise, in this chapter (1) “acute” means severe but of short duration, with respect to toxicity or disease; (2) “anadromous fish” means fish that spend a portion of their lives in both fresh and salt waters, including Dolly Varden char, rainbow trout (steelhead), sea run cutthroat trout, arctic char, sheefish, whitefish, and the five species of pacific salmon; (3) “aquaculture” means the cultivation of aquatic plants or ani- mals for human use or consumption; A-121 (4) “boundary” means a line or landmark that serves to clarify, outline, or mark a limit, border, or interface; (5) “central office” means the main office of the Alaska Depart- ment of Environmental Conservation; (6) “certification” means the certificate of reasonable assurance the department may issue under sec. 401 of the Clean Water Act (33 U.S.C. 1341), as amended through March 18, 1986; (7) “Clean Water Act” means the federal Water Pollution Con- trol Act (33 U.S.C. 1251 — 1876), as amended through March 18, 1986; (8) “chronic” means long-lasting or recurring often, with re- spect to disease or toxic effects; (9) “color” means the condition that results in the visual sensa- tions of hue and intensity; apparent color is the condition of water due both to substances in solution and to suspended matter; in water, color is measured after turbidity is removed; (10) “commissioner” means the commissioner of environmental conservation, or his or her designee; (11) “compensation point for photosynthetic activity” means the point at which incident light penetration allows plankton to photosynthetically produce enough oxygen to balance their respi- ration requirements; (12) “contact recreation” means activities in which there is di- rect and intimate contact with water; examples include wading, swimming, diving, water skiing, and any intimate contact with wa- ter directly related to shoreline activities; (13) “criterion” means a set concentration or limit of a constitu- ent that, when not exceeded, will protect an organism, a population of organisms, a community of organisms, or a prescribed water use with a reasonable degree of safety; in some cases, a criterion might be a narrative statement instead of a numerical concentration or limit; (14) “department” means the Alaska Department of Environ- mental Conservation; (15) “dissolved oxygen” means the concentration of oxygen in water as determined either by the Winkler (iodometric) method and its modifications or by the membrane electrode method; (16) “effluent” means the segment of a wastewater stream that follows the final step in a treatment process and precedes dis- charge of the wastewater stream to the receiving environment; (17) “fecal coliform bacteria” means those bacteria that can fer- ment lactose at 44.5 + 0.2°C to produce gas in a multiple tube pro- cedure; “fecal coliform bacteria” also means all bacteria that produce blue colonies within 24 + hours of incubation at 44.5° + 0.2°C in an M-FC broth medium; A-122 (18) “fish” means any of the group of cold-blooded vertebrates that live in water, and have permanent gills for breathing and fins for locomotion; (19) “grain size accumulation graph” means a plot of sediment- sieving data showing logarithm of grain size in millimeters on the horizontal axis and percent accumulation by weight (linear scale) on the vertical axis; (20) “groundwater” means water in the zone of saturation, which is the zone below the water table, where all interstices are filled with water; (21) “industrial use” means use of a water supply for a manufac- turing or production enterprise except food processing, and in- cludes mining, placer mining, energy production, or development; (22) “lake” means an inland water body of substantial size, oc- cupying a basin or hollow in the earth’s surface, which may or may not have a current or single direction of flow; (23) “LC,” means the median lethal concentration of a toxi- cant; it is the concentration that is lethal to 50 percent of the or- ganisms tested in a specified time under conditions outlined by the department; “LC,,” also means tolerance limit, TLM, or TLso; (24) “mean” means the average of values obtained over a speci- fied time period; for fecal coliform analysis, the mean will be com- puted as the logarithmic mean; (25) “micrograms per liter (ug/l)” means the concentration at which one millionth of a gram (10-6 g) is found in a volume of one liter; (26) “milligrams per liter (mg/1)” means the concentration at which one thousandth of a gram (10-8 g) is found in a volume of one liter; it is approximately equal to the unit “parts per million (ppm),” formerly of common use; (27) “mixing zone” means the area adjacent to a discharge or activity in the water where a receiving water may not meet all the water quality standards; wastes and water are given an area to mix so that the water quality standards are met at the mixing zone’s boundaries; (28) “most probable number (MPN)” means the statistic that represents the number of individuals most likely present in a given sample, based on test data; (29) “natural condition” means the sum of the physical, chemi- cal, biological, or radiological conditions that exist in a water body before any human-caused discharge to, or addition of material to, the water; (30) “nonpoint source” means a source of pollution other than a point source; A-123 (31) “oil and grease” means oil and grease as defined by the procedure used under 18 AAC 70.020(c); (32) “pH” means the negative logarithm of the hydrogen-ion concentration, expressed as moles per liter; pH = -log,) (H+); (33) “point source” means a discernible, confined, and discrete conveyance, including a pipe, ditch, channel, tunnel, conduit, well, container, rolling stock, or vessel or other floating craft, from which pollutants are or may be discharged; (34) “pollution” means the contamination or altering of state land or water in a manner that creates a nuisance or makes land or water unclean, noxious, impure, or unfit so that it is actually or potentially harmful, detrimental, or injurious to (A) public health, safety, or welfare; (B) domestic, commercial, industrial, or recreational use; or (C) livestock, wildlife, or aquatic life; (35) “residues” means floating solids, debris, sludge deposits, foam, scum, or any other material or substance remaining in a wa- ter body as a result of direct of nearby human activity; (36) “secondary recreation” means recreation activities in which water use is incidental, accidental, or sensory; it includes fishing, boating, camping, hunting, hiking, and vacationing; (37) “sediment” means solid material of organic or mineral ori- gin that is transported by, suspended in, or deposited from water; it includes chemical and biochemical precipitates and organic ma- terial such as humus; (38) “sheen” means an iridescent appearance on the water sur- face; (39) “sodium adsorption ratio (SAR)” means the estimated de- gree to which sodium from a given water will be adsorbed in soil, as proposed by the U.S. Salinity Laboratory, U.S. Department of Agriculture, “Handbook 60”; it is expressed as the quotient of the sodium ion concentration and the square root of half the sum of the calcium and magnesium ion concentrations: (Na+) (Ca++) + (Mg++) 2 (40) “spawning” means the process of producing, emitting, or depositing eggs, sperm, seed, germ, larvae, young, or juveniles, especially in large numbers, by aquatic life; (41) “thermocline” means a layer of water between a warmer, surface zone and a colder, deep-water zone in a thermally stratified body of water, in which water temperature decreases rapidly with depth; A-124 (42) “total aromatic hydrocarbon (TAH)” means those com- pounds having at least one aromatic ring, including the following functional groups: oxyaromatics, heterocyclic compounds, benzene family mononuclear aromatics, and polynuclear aromatic hydro- carbons; (43) “total hydrocarbons (TH)” means those compounds meas- ured, using Gruenfields IR partition infrared methods specified in the 16th edition of Standard Methods for the Examination of Wastewater (method 503 B), in a sample collected in marine water for TH analysis taken below any observable surface sheen and within one meter of the surface, or in a fresh water sample taken immediately below any observable surface sheen; (44) “toxic substances” means those substances or substance combinations, including disease-causing agents, which after dis- charge and upon exposure, ingestion, inhalation, or assimilation into an organism, either directly from the environment or indi- rectly by ingestion through food chains, will, on the basis of infor- mation available, cause death, disease, behavioral or physiological abnormalities, malignancy, genetic mutations, or physical defor- mations, in affected organisms or their offspring; “toxic sub- stances” includes the following substances, and any other substance identified as a toxic pollutant under sec. 307(a) of the Clean Water Act; Aldrin/Dieldrin; arsenic; benzidine; carbon tetrachloride; cad- mium; dichlorobenzidine; chlorinated ethanes; chloroform; chromium; Demeton; dichloroethylenes; dinitrotoluene; fluo- ranthene; diphenylhydrazine; Endrin; hexachlorocyclopenta- diene; ethylbenzene; Lindane; mercury; nickel; nitrobenzene; napthalene; silver; vinyl chloride; acenaphthene; antimony; chlo- rinated benzenes; chloroalky] ethers; DDT; dichloropropane; di- chloropropene; halomethanes; Malathion; tetrachloroethylene; trichloroethylene; polynuclear aromatic hydrocarbons; Endo- sulfan; Mirex; pentachlorophenol; phenol; acrylonitrile; asbestos; benzene; beryllium; chlorinated naphthalene; 2-chloro- phenol; chlorophenols; chlorophenoxy herbicides; cyanide; 2,4- dichloraphenol; acrolein; Chlordane; nitrosamines; copper; di- chlorobenzenes; Guthion; haloethers; Heptachlor; hexa- chlorobutadiene; hexachlorocyclohexane; isophorone; lead; methoxychlor; nitrophenols; Parathion; phthalate esters; PCB"s; selenium; p-dioxin; thallium; toluene; Toxaphene; zinc; and 2,4-dimethylphenol; (45) “turbidity” means an expression of the optical property that causes light to be scattered and absorbed rather than trans- mitted in straight lines through a water sample; turbidity in water is caused by the presence of suspended matter such as clay, silt, A-125 finely divided organic and inorganic matter, plankton, and other microscopic organisms; . (46) “water” means lakes, bays, sounds, ponds, impounding res- ervoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, straits, passages, canals, the Pacific Ocean, Gulf of Alaska, Bering Sea and Arctic Ocean, in the state’s territorial limits, and all other bodies of surface or underground water that are wholly or partially under state jurisdiction; “water” does not include ponds or lagoons or parts of wastewater treatment systems that are lined or constructed so that seepage into the ground is not allowed; (47) “water recreation” means contact recreation or secondary recreation, as defined in this section; (48) “water supply” means any of the waters of the state which are designated to be protected for fresh water or marine water uses, including waters used for drinking, culinary, food processing, agricultural, aquacultural, seafood processing, and industrial pur- poses; “water supply” does not necessarily mean that a water body that is protected as a supply for the uses listed in this paragraph is safe to drink in its natural state; and (49) “wildlife” means all species of mammals, birds, reptiles, and amphibians. (In effect before 7/28/59; am 5/24/70, Register 34; am 8/28/71, Register 39; am 10/22/72, Register 44; am 8/12/73, Reg- ister 47; am 2/2/79, Register 69; am 4/23/79, Register 70; am 9/19/79, Register 71; am 6/23/85, Register 94; am 1/7/87, Register 100) Authority: AS 46.03.010 AS 46.03.080 AS 47.03.110 AS 46.03.020 AS 46.03.100 AS 46.03.070 Editor’s notes. — The address of the 18 AAC 70.110(5), is P.O. Box O, Juneau, central office of the Department of Envi- AK 99811-1800. ronmental Conservation, referred to in A-126 % ee a. Lo GOLD ELI Le Se CE ee WLS TLIO! Ee LR OS fae wun Zo, aes CLEA fe Z x Ze. COL EALLA LOLI ES ee CORO CLAS DDS LS. Coreg a LILA SE BAILA PES: ty LER OK OME OL ES LOLI AELES LP PAEEL LA . PU AEAILE ST POLO O I O Noy - i pA ee Lele lILS ASL: — CALELELL EA LLLP. POLOIG IO LALA PLL EPL LE EP LPL OCER ELIE LETS i ee KACHEMAK BAY AND _ FOX RIVER FLATS CRITICAL HABITAT AREAS DUCKS AND GEESE Known Spring Concentration Areas Known Fall Concentration Areas Known Nesting Concentration Areas Known Sea Duck Winter Concentration Areas Information taken from Alaska Habitat Management Guides, Alaska Department of Fish and Game 1985 with updates by Gino Del Frate, ADF&G Wildlife Biologist, George West, Pratt Museum; Dave Nysewander, USFWS Biologist; and June 8, 1992 Kachemak Bay Bird Watch. MILES SCALE STATE OF ALASKA DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION DECEMBER 1993 T Dy tale KACHBMAK | BAY egowenit ‘estan’ | . ae ountain,/ = : 2 4 Oss ‘ ( ‘ WU Se Oa ~KACHEMAK BAY AND ~ FOX RIVER FLATS CRITICAL HABITAT AREAS LAND STATUS HomerSewage City of Seldovia Tidelands Outfall Pipeline —~ (The state owns the water column.) City of Homer Tidelands (The state owns the water column.) Federal State Patented Lands State Tentatively Approved Lands Leases/Inholdings (See Resource Inventory Table 12 for additional information) i tat Area Boundary Grazing Lease tical Hi al Offshore Prospecting Permit Applications i Private Inholding Transmission oe S Fs . \ Public Dock 7 so : Gk cf AAR A A S x 3 ie Eh PNA Electrical Transmission Line : : ~~ DT) Se eg ope! | Kachemak Bay State Park Boundary Kachemak Bay-€r 2 Note: The State owns the water column in Kachemak Bay regardless of surface ownership. — Seldovia Sm ie _. Boat Harb FY Metric ANS es a or | > Transmissia a 4 : \ co \ \ : #) a me f Kao : NG : 2D fis Be eee eae STATE OF ALASKA ue : ee CAs Sc DEPARTMENT OF FISH AND GAME A : HABITAT AND RESTORATION DIVISION DECEMBER 1993 Homer oundary tat Area i ‘Kachemak Bay Critical Hab —++, soe piglet Se er aes dl KACHEMAK BAY AND FOX RIVER FLATS CRITICAL HABITAT AREAS CRAB - eee i i _ DUNGENESS CRAB Known Concentrations - Reproduction Areas Important Rearing Area KING CRAB a Known Mating Concentration Areas i ie Known Summer Concentration Areas Coad TANNER CRAB ae Known Concentration Areas Known Mating Concentration Areas om Alaska Habitat Management Guides, Alaska Department of Information taken fr by Al Kimker, ADF&G Fisheries Biologist. Fish and Game 1985 with updates STATE OF ALASKA DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION DECEMBER 1993 plas Baste oe Se ah ih eis: oN Mabie ¢ Pte ay 1 7 KACHEMAK 2 eee oe ee Wi Ri2wW RigM R S X Snoulders and QQ ce J eseaks Least so te: ©. Large pasa NED =. TEE e oh : 4 v (; aa ae K é : . ae : oe a : MM g a ie yA : RESUS ; . : se ; FOX RIVER FLATS CRITICAL HABITAT AREAS BEACH AND SUBSTRATE TYPES pe a Bedrock Shell Debris Boulder Gravel Mud eR Sand ea Boundary SUBSTRATE TYPES tat Ar i -~—~-_ Boundary /Kachemak Bay Critical Hab fares ; bad 2 uD ng ! \ aa Information taken from Alaska Intertidal Survey Atlas, Howard S. Sears o é ‘Boultlérs: and Large . ; a CH (aS be) 5 SR SiO = : “ SS and Steven T. Zimmerman, July 1977 and Benthic Reconnaissance of ai: ae Cobbles yl . a> ° | \iQ- SG Die er ee : . eee \ AS i Ge Kachemak Bay, Alaska. IN Trasky et al. Environmental Studies of Kachemak . |? ‘ ( / . PI ; aK : i \ eg! | | : ‘Bay and Lower Cook Inlet, William Driskell 1977. STATE OF ALASKA DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION DECEMBER 1993 a Boundary' _ Kachemak Bay Critical Habitat Are ——4 Halibut Misc. Groundfish Pacific Cod AASITSNA KACHEMAK BAY AND FOX RIVER FLATS CRITICAL HABITAT AREAS COMMERCIAL FISH HARVEST AREAS GROUNDFISH AND PACIFIC HALIBUT Domestic Pot and Longline PACIFIC HERRING Sac Roe Purse Seine Harvest Areas Potential Herring Harvest Areas | ) SPORTFISHING FOR SELECTED MARINE AND ANADROMOUS FISH CO - Coho Salmon K_ - King Salmon P- - Pink Salmon S - Sockeye Salmon DV - Dolly Varden/Arctic Char Sportfishing for halibut occurs within all of the Kachemak Bay Critical Habitat Area. Information taken from Alaska Habitat Management Guides, Alaska Department of Fish and Game 1985 with updates by Wesley Bucher and Nick Dudiak, ADF&G Fisheries Biologists. STATE OF ALASKA DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION DECEMBER 1993 OhIson. if egokout Gn NiBuntain He eee ee ee eee ee fea es Fossman oan Ri | | Be oa es S re + eo & = o ~~~ \Kachemak Bay Critical Habitat Area Bot ae KACHEMAK BAY AND FOX RIVER FLATS CRITICAL HABITAT AREAS PERSONAL USE/SUBSISTENCE a HARVEST AREAS Razor Clam COMMUNITY RESOURCE HARVEST AREAS PORT GRAHAM/ENGLISH BAY We Black Bear and Moose Marine Invertebrates fs | Marine Mammal Waterfowl/Eggs Information taken from Alaska Habitat Management Guides, Alaska Department of Fish and Game 1985. STATE OF ALASKA DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION DECEMBER 1993 ie i AS 4 ee os ore oe ote | = 4 gout + Mountain KACHEMAK BAY AND FOX RIVER FLATS CRITICAL HABITAT AREAS DUCKS AND GEESE HARVEST AREAS Current Harvest Areas COMMERCIAL AND PERSONAL —_-—* Commercial Set Gill Net ES | a 2 ° OU ee 7 | USE SALMON FISHING AREAS < —-~—-— Personal Use/Subsistence Set Gill Net tat i & Personal Use Dip Net Fishing CO - Coho Salmon S - Sockeye Salmon Purse Seine Tutka Hatchery Special Harvest Area ‘Kachemak Bay Critical Hab ~ pelea — Information taken from Alaska Habitat Management Guides, Alaska Department of Fish and Game 1985 with updates by Wesley Bucher, and Nick Dudiak, ADF&G Fisheries. Biologists and Gino Del Frate, ADF&G Wildlife Biologist. MILES SCALE _ STATE OF ALASKA DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION DECEMBER 1993 Halibut Juvenile Lingcod Rock Sole Pacific Cod (Summer Concentration) Halibut (Rearing) Halibut Pacific Cod (Summer @oncentration) Nearshore nL - ” Rockfish Pacific Cod (Summe (Rearing) “| Concentration) | Nearshore Rockfish —. (Rearing) ~~ - r Nearshore Rockfish— Halibut Walleye Pollpck Pacific Cod Halibut Nearshore Rockfish Pacific Cod Walleye Pollock Nearshore Rockfish A /Malibut "Pacific Cod Sablefi h | Walleye Pollock KACHEMAK KACHEMAK BAY AND FOX RIVER FLATS CRITICAL HABITAT AREAS GROUNDFISH, PACIFIC HALIBUT, ANADROMOUS FISH ANADROMOUS FISH Stream Mouth Stream CH - Chum Salmon CO - Coho Salmon K King Salmon P Pink Salmon S Sockeye Salmon Dolly Varden Rearing Spawning GROUNDFISH AND PACIFIC HALIBUT Known Rearing Concentrations Known Summer Concentrations Information taken from Alaska Habitat Management Guides, Alaska Department of Fish and Game 1985 with updates by Wesley Bucher and Nick Dudiak, ADF&G Fisheries Biologists and An Atlas to the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fish, Alaska Department of Fish and Game 1993. STATE OF ALASKA DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION DECEMBER 1993 KACHEMAK nonce BAY ee eit It i i Be Oe 1 1 Tae KACHEMAK BAY AND FOX RIVER FLATS CRITICAL HABITAT AREAS PACIFIC HERRING, SHRIMP, CLAMS AND MUSSELS ‘Homer Munieizal Aircon ‘PACIFIC HERRING —ow GS Spawning Areas SHRIMP ee ‘General Distribution Known Spawning Concentration Areas CLAMS Razor Clam Known Concentrations Hardshell Clams Known Concentrations Softshell (Mya) Clams Known Concentrations BLUE MUSSELS Known Concentrations /Kachemak Bay } F : “Ueto ‘a * ( ‘ SS ; . ‘ : Information taken from Alaska Habitat Management Guides, Alaska Department of : he : , \ : aa . Ker ify ig Fish and Game 1985 with updates by Wesley Bucher, Al Kimker, Nick Dudiak, and s AWE) Richard Gustafson, ADF&G Fisheries Biologists. Don McKay, ADF&G Habitat Biologist; Jim Hemming, Wildlife biologist and Sera Baxter, Kasitsna Bay resident, provided additional clam and mussel information. MILES 3 SCALE STATE OF ALASKA DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION DECEMBER 1993 \ KACHEMAK aha, q open My, KACHEMAK BAY AND FOX RIVER FLATS CRITICAL HABITAT AREAS va Homer Municinal Aitzort MAMMALS MOOSE General Distribution in Fox River Flats Area Known Calving and Winter Concentration Areas in Fox River Flats Area ><") HARBOR SEAL - Known Haul-out Concentrations SEA LION - Known Haul-outs SEA OTTER Established Populations | 4 | hformation taken from Alaska Habitat Management Guides, Alaska Department of Hsh and Game 1985 with updates by Gino Del Frate and Karl Schneider, ADF&G Vildlife Biologists, June 8, 1992 Kachemak Bay Bird Watch, Anne Wieland, ack Lentfer and Sera Baxter. MILES 0 1 2 3 4 5 6 ee _ SCALE STATE OF ALASKA DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION DECEMBER 1993 KACHEMAK _ BAY — KACHEMAK BAY AND FOX RIVER FLATS CRITICAL HABITAT AREAS Hoine Municizal EAGLES, SWANS, SEABIRDS AND SHOREBIRDS cay BALD EAGLE ee | as e Individual Nest Sites (Approximate Locations) Known Concentrations SEABIRDS A Individual Colonies A2 - Less Than 1000 A3 - 1001 To 10,000 Known Concentrations SHOREBIRDS Known Concentrations TRUMPETER SWAN ri General Distribution | ee Known Spring and/or Fall Concentration Areas Information taken from Alaska Habitat Management Guides, Alaska Department of Fish and Game 1985 with updates by Gino Del Frate, ADF&G Wildlife Biologist; George West, Pratt Museum; Dave Nysewander, USFWS Biologist; U.S. Fish and Wildlife unpublished bald eagle nest survey data-based on surveys in 1992 and June 8, 1992 Kachemak Bay Bird Watch. MILES 0 1 2 3 4 5 6 a SCALE STATE OF ALASKA DEPARTMENT OF FISH AND GAME HABITAT AND RESTORATION DIVISION DECEMBER 1993