The new measure is identical to the version of HB-74 that was reported out of the House Fisheries Committee last February, except for the blanket exemption it provides to turbidity mixing zones permitted for suction dredge and mechanical placer mines.

The current version of HB-74, sponsored by Rep. Les Gara, D-Anchorage, allows the Department of Environmental Conservation, with the concurrence of either the Department of Natural Resources or Department of Fish and Game, depending on their jurisdiction, to authorize a turbidity mixing zone. Gara's bill also limits turbidity mixing zones to lengths of no more than 500 feet downstream from the point of discharge and it is at least 500 feet from the closest mixing zone in the same body of water.

HB-74 has held in the House Resources Committee since last Feb. 14 without a hearing. Both bills also exempt municipal and village water treatment plants from the prohibition for the useful life of the facilities if there was no spawning activity when the mixing zone was initially authorized or if the mixing zone became a spawning area after the date of the initial authorization.

The latter provision was written to cover a Cordova treatment plant where pink salmon began spawning in the facility's manmade drainage canal.

Both bills protect spawning areas for all species of salmon as well as egg nests created by Arctic char or grayling, burbot, trout, Dolly Varden, sheefish, whitefish and northern pike.

HB-74 was introduced in an effort to restore protection for freshwater fish rearing areas that were eliminated by regulations set forth by the Murkowski administration. Current state rules prohibit the use of mixing zones in salmon spawning areas only when salmon are actively spawning but provide no protection for freshwater fish. The Palin administration is on record opposing HB 74. SB-238 was referred to the Senate Resources and Finance Committees, but has no hearings currently scheduled.