Section 11 AAC 95.265 - Classification of surface water bodies(a) Classification of surface water bodies by an operator or by an agency must be made according to the following criteria:(1) on private land in Region I, classification of surface waters into Type I-A, I-B, I-C, or I-D must be made in accordance with AS 41.17.950(31) - (34) using the procedures established in this section; any surface waters that do not meet the criteria set out in AS 41.17.950(31) - (34) do not have a riparian area, within the meaning given the term in AS 41.17.950, but are subject to surface water quality protection best management practices in accordance with this chapter;(2) on private land in Region II, classification of surface waters into Type II-A, II-B, II-C, or II-D must be made in accordance with AS 41.17.950(35) - (38) using the procedures established in this section; any surface waters that do not meet the criteria set out in AS 41.17.950(35) - (38) do not have a riparian area, within the meaning given the term in AS 41.17.950, but are subject to surface water quality protection best management practices in accordance with this chapter;(3) on private land in Region III, classification of surface waters into Type III-A, III-B, or III-C must be made in accordance with AS 41.17.950(39) - (41) using the procedures established in this section; any surface waters that do not meet the criteria set out in AS 41.17.950(39) - (41) do not have a riparian area, within the meaning given the term in AS 41.17.950, but are subject to surface water quality protection best management practices in accordance with this chapter;(4) on other public land and on state land managed by the department in Region I, classification of surface waters must indicate whether the surface waters are anadromous or contain high value resident fish under AS 41.17.950;(5) on other public land and on state land managed by the department in Regions II and III, classification of surface waters into Type II-A, II-B, II-C, II-D, III-A, III-B, or III-C must be made in accordance with AS 41.17.950(35) - (41).(b) A stream may have more than one water body classification along its length and may also have a different water body classification on opposite banks, depending on streambank characteristics.(c) An operator's classification of a water body type may be verified by the agencies before or during the review of a detailed plan of operations, and is subject to a field inspection under AS 41.17.090(f). Except as provided in AS 41.17.090(e), the division will change the water body classification made by an operator if the division determines that a water body was incorrectly classified. For private land in Region I, the division will base its decision on evidence or lack of evidence of anadromous fish at or upstream of the area proposed for reclassification using procedures in (g) of this section and the criteria set out in AS 41.17.950(31) - (34). In Regions II and III, the division will base its decision on the criteria set out in AS 41.17.950(35) - (41) and the evidence or lack of evidence of anadromous fish or high value resident fish at or upstream of the area proposed for reclassification.(d) An operator or the division may request the Department of Fish and Game to conduct a field review to document the presence or absence of anadromous fish, and in Regions II and III, the presence or absence of high value resident fish. The recommended practice is to schedule a field review at a time when anadromous fish or evidence of anadromous fish are likely to be present and the site is accessible. This subsection provides an optional procedure for an operator and does not extend the time schedule for field inspections under AS 41.17.090(f).(e) A water body that was incorrectly classified at the time of submission of the detailed plan of operations, and that has standing timber remaining in the riparian area at the time of subsequent reclassification under (c) of this section, is, with respect to any remaining standing timber, subject to the appropriate riparian standard under AS 41.17.116-41.17.119, and this section.(f) Except for an estuarine area at the mouth of an anadromous fish stream, salt water bodies are not subject to AS 41.17.115-41.17.119.(g) The following provisions and Table A of this subsection apply to classification of an anadromous fish stream on private land in Region I:(1) beginning at the mouth of an anadromous fish stream and proceeding upstream, a stream in which all the required elements of a Type I-A stream as defined in AS 41.17.950(31) predominate remains a Type I-A stream up to the point of physical blockage, or where any required element of a Type I-A stream ceases to predominate for the remainder of the stream, whichever occurs first; at that point, the stream becomes a Type I-B, I-C, or I-D stream as the case may be;(2) a Type I-B stream may become, in an upstream segment, a Type I-A stream if the required elements of a Type I-A stream are present in that upstream segment;(3) a stream may not be classified a Type I-A or I-B upstream from the point of physical blockage;(4) an operator may presume that a physical blockage occurs at any point or stream reach that meets one or more of the criteria in Table A: Anadromous Fish Blockage; however, the agencies and operators may not consider a physical blockage to occur if evidence or presence of anadromous fish is found above that point or reach of the stream, in which case it would be reclassified using the procedures and standards in this section;(5) to determine fall height under (4) of this subsection, measure the additive height of multiple falls only if resting pools do not occur between them; otherwise, the falls are separate features; measurements are made from the jump pool surface to the water surface above the fall, both at ordinary high water;(6) notwithstanding (4) of this subsection, in stream reaches that provide rearing habitat for juvenile anadromous fish, but not spawning habitat for adult anadromous fish, an operator may presume a blockage if any individual falls is greater than three feet; measured as described in (5) of this subsection;(7) a beaver dam is not presumed to constitute a blockage.(h) In Region II, an operator may presume that a physical blockage occurs at any point or stream reach that meets one or more of the criteria in Table A, set out in (g) of this section. However, if evidence or the presence of anadromous fish or high value resident fish is found above that point or reach of the stream, (1) an agency or operator may not consider a physical blockage to occur; and(2) the stream will be reclassified using the criteria set out in AS 41.17.950(35) - (38). TABLE A:
Anadromous Fish Blockage
Species Requirements (in feet)
Criterion
Coho
Steelhead
Sockeye
Chinook
Pink/Chum
Maximum
fall height.
A blockage
may be
presumed
if fall height
in feet exceeds:
11131011 a) 4 with
deep jump
pool
b) 3 with-
out pool Pool depth. A blockage
may be pre-
sumed if the
unobstructed
water
column
depth in feet
within the
pool is less
than:
1.25 X jump height, except that no minimum pool depth exists
for falls, as follows:
a) less than 4 in the case of coho and steelhead;
b) less than 2 in the case of other anadromous fish species. Steep
channel.
A blockage
may be pre-
sumed at the
upper end of
the reach if
channel
steepness in
feet is equal
to or greater
than the
following
without
resting
places for
fish:
>= 225 at 12 percent gradient
>= 100 at 16 percent gradient
>= 50 at 20 percent gradient
>= 25 at 20 percent gradient
>= 100 at 9 percent gradient
Eff. 6/10/93, Register 126; am 11/20/99, Register 152; am 6/24/2004, Register 170; am 6/8/2007, Register 182As of Register 186 (July 2008), and acting under AS 44.62.125(b)(6), the regulations attorney made technical changes to 11 AAC 95.265(d), to reflect Executive Order 114 (2008). Executive Order 114 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Natural Resources to the Department of Fish and Game.
Authority:AS 41.17.010
AS 41.17.055
AS 41.17.080
AS 41.17.115
AS 41.17.116
AS 41.17.118
AS 41.17.119
AS 41.17.950