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HomeMy WebLinkAboutResolution No. 2007-15Suggested by: City Council CITY OF KE1oTAI RESOLUTION NO. 2007-15 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TO APPROVE A JOINT REGULATION PROPOSAL FROM THE KENAI PENINSULA BOROUGH, CITY OF SOLDOTNA, AND THE CITY OF KENAI, TO THE ALASKA BOARD OF FISHERIES, TO REDUCE THE LEVEL OF HYDROCARBONS IN THE KENAI RIVER. WHEREAS, during peak powerboat use on the Kenai River, coinciding with peak salmon returns (July), several hundred gallons of gasoline enter the river on a daily basis; and, WHEREAS, this quantity of fuel has resulted in State Water Quality standards 18 AAC 70 exceedences for aquatic life; and, WHEREAS, the Kenai River will be placed on the section 303(d) "IMPAIRED" waterbody list as required by the Clean Water Act; and, WHEREAS, the Kenai Peninsula Borough, the City of Soldotna, and the City of Kenai prefer solutions that substantially reduce hydrocarbons in a manner that is fair; and, WHEREAS, those solutions may include, but are not limited to: - Changes in means and methods that limits motorized run time. - Limit the total number of motorized boats operating at any one time on the river with a complete phase out of non-DFI 2-strokes. - Increase use of electric motors or drift boats. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KF.NAI, ALASKA, approves the attached joint regulation proposal from the Kenai Peninsula Borough, City of Soldotna, and the City of Kenai, to the Alaska Board of Fisheries, to reduce the level of hydrocarbons in the Kenai River. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day otApril, 2007. PAT PORTER, MAYOR 6ITEST: Carol L. Freas, City Clerk PROPOSAL FORM INSTRUCTIONS FOR COMPLETING Top of form: • Check the appropriate box (or boxes) for which regulations you wish to change. • Enter the regulatory area in which the regulation will apply, such as Bristol Bay, GMU 23, or statewide. I. If lmown, enter the series of letter and numbers which identify the regulation to be changed. For example, 5 AAC 72.055. If it will be a new section, then enter 5 AAC 72.XXX. Enter the page in the regulation book containing the regulations on that subject. LATER 2. Write a short explanation about the problem your proposal addresses, or why you are proposing the regulation. 3. State why the regulation should be adopted or provide an explanation about what will happen if the regulation is not changed. 4. Print or type your proposal as you would fike to see it appear in the regulation book. If you choose to provide regulatory language, new or amended wording should appear first and be underlined. Wording being deleted should be fully CAPITALIZED and enclosed in [BRACKETS]. EXAMPLES: 5 AAC 27.810. Fishing seasons and periods. In the Togiak atzd Bay districts, herring may be taken by purse seines and hand purse seines from Apri125 through June 15 [JUNE 1] AAC 85A25(3). Unit 9(B) Caribou. NONRESIDENT HUNTERS: Four [FIVE] caribou. Alternatively, you may state your changes in clear sentences. For example, "Extend the season to Tune 15 in the Togiak and Bay districts," or "Reduce the bag limit for caribou in Unit 9B to four." 5. If you have information about how the quality of the harvested resource will be affected, include it here. 6. Write a short explanation of which user group[s] will benefit and which will suffer if your proposal is adopted into regulation. 7. Explain other ideas you had or your group discussed for solving the problem and. why you did not present those ideas. I30PC0T12 of form: Write the name of the group that voted to submit the proposal or your name if you are submitting the proposal. This name will be published in the proposal. book. The Boards of Fisheries and Game will not consider anonymous proposals. • Fill in your address and zip code, and telephone mm~ber. These will NOT be published. Mail or fax the completed form to the address at the top of the form. Alaska Board of Fisheries/Game P.O. Box 115526 Juneau, AK 99811-5526 Fax: 907-465-6094 Or you may submit the proposal to ons of the four regional Boards Support Section Offices in Anchorage, Dillingham, Fairbanks or Kotzebue. NOTE: Proposals must be received by the deadline in the call for proposals; there are no exceptions. A fax is considered an original. The form must be physically received by fax. or mail; postmark is not adequate. If you have any questions or need assistance, please consult staff at any Fish acid Game office. ALASKA BOARD OF BISHERIES AND ALASKA BOARD OF GAME REGI?LATION PROPOSAL FORM PO BOX 115526, JUNEAU, ALASKA 99811-5526 -BOARD OF PISAERIES REGULATIONS BOARD OF GAME REGULATIONS Fishing Area Game Management Unit (GMU) ^ Subsistence ® Personal Use ^ Hunfing ^ Trapping ^ Sport ^ Commercial ^ Subsistence ^ Other JOINT BOARD REGULATIONS ^ Resident ^ Advisory Committee ^ Regional Council ^ Rw~al ^ Nonresidetrt Please answerall questions to the best':of your ability. All answers will be printed in the proposal packets along with the proposer's name ' (address and phone numtiers will not bepublisheti). Use separate forms for each proposal. 1. Alaska Administrative Code Number 5 AAC Regulation Book Page No. 2. What is the problem you would like the Board to address? During peals powerboat use on the Kenai River, coinciding with peak salmon returns (July), several hundred gallons of gasoline enter the river on a daily basis. This quantity of fuel has resulted in State Water Quality standards 18 AAC 70 exeeedences for aquatic life. This represents a clear conservation issue as water quality standards are designed to protect fish resources -this includes all fish resources of the Kenai River. Models, existing data and examples from other areas in the country suggest that traditionally carbureted 2-stroke motors pollute in a dramatically disproportional amount compared to several other available options (more than 10 to 1 compared to an equal 4-stroke). A complete ban on 2-strokes would almost certainly eliminate this problem. Tlus proposal seeks an option just short of a complete ban with the hope it would be sufficient to improve water quality, bringing the river gck into compliance with state water uality regulations. What will happen if this problem is not solved? Regulation change is required to bring the Kenai River into compliance with water quality standards during the month of July. The July concentration of hydrocarbons observed in the Kenai River have documented the potential for adverse affect on all fish species. The Kenai River will remain on the section 303(d) "IMPAIRED" waterbody list as required by the Cleats Water Act. 4. What solution do you prefer? In other words, if the Board adopted your solution, what would the new regulation say? We prefer a solution regulating motorized use for both the in-liver Chinook sport fshery and the personal ~ use fishery during the month of July in the Kenai River. As local governments we will work toward finding the best solution; however, for many of the potential options, it is not clear that local governments haue jurisdiction to implement. We prefer solutions that substantially reduce hydrocarbons in manner that is fair. While a perfectly fair solution may be a challenge, we believe fair means reductions should come from all user groups in proportion to the amount of pollution each user contributes to the river. This proposal should be viewed as a place holder. Solutions may include, but are not limited to: ~ Changes in means and methods that limits motorized run time. i Limit the total number of motorized boats operating at any one time on the river with a complete phase out of non-DFI 2-strokes. Increase use of electric motors or drift boats. Does your proposal address improving the quality of the resource harvested or products produced? If so, how? es, being listed as an impaired water under the Clean Water Act is detrimental to the resource and the economy. This action taken as described will likely result in removing the Kenai River from the 303(d) list. 6. Solutions to d9fficult problems benefit some people and hurt others: A. Who is likely to benefit if your solution is adopted? X11 aquatic life in the river. All economic interests in the river. B. Who is likely to suffer if your solution is adopted? Owners of powerboats that have motors that are not 4-stroke or 2-stroke Direct Fuel Injection. 7. List any other solutions you considered and why you rejected them. DO NOT WRTTE HERE Area wide zoning to restrict certain inefficient motor types. Banning the launch of certanl motor types from docks within City of Kenai lnnits. Rejected because potential for litigation with the State of Alaska challenging jurisdiction. Submitted Bv: Name /Signature City of Kenai -Mayor Pat Porter; Kenai Peninsula Borough -Assembly President Ron Long City of Soldotna -Mayor Dave Individual or Group Address Cify, State FIome Phone Work Phone Email