§ 21.18.025. Application.

A.

The following anadromous waters, as identified in the "Atlas and Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fish" published by the Alaska Department of Fish and Game (ADF&G) and listed in the KPB 21.18 Appendix adopted by the assembly and incorporated herein by reference, are subject to this chapter:

1.

Kenai River District anadromous waters made subject to this chapter on May 15, 1996.

2.

Major Waters District anadromous waters made subject to this chapter on May 16, 2000.

3.

West District anadromous waters.

4.

North District anadromous waters made subject to this Chapter beginning January 1, 2014.

5.

South District anadromous waters made subject to this Chapter beginning January 1, 2014.

B.

The reach of streams subject to this Chapter shall be defined by the beginning points and end points of the anadromous waters as identified in the Catalog, unless otherwise specified in KPB 21.18.

C.

The following waters are excluded from regulation by KPB 21.18:

1.

All portions of waterways found within the Seward-Bear Creek Flood Service Area are exempt from KPB 21.18

2.

Braided Channels, Tide Dominated Deltas, Estuaries and Lagoons which are primarily seawater and are identified as anadromous in the State of Alaska Atlas and Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fish are exempt from KPB 21.18

D.

Lands within the habitat protection district adjacent to the anadromous waters set forth in KPB 21.18.025(A) and the KPB 21.18 Appendix are subject to KPB 21.18.090 governing prior existing uses and structures, as of the date the land becomes subject to this chapter.

E.

The KPB 21.18 Appendix shall be available at the clerk's office, on the borough web page, and other locations as determined by the mayor for ease of access by the public.

( Ord. No. 2013-18, § 4, 7-2-13 ; Ord. No. 2012-06, § 1, 5-15-12; Ord. No. 2011-12, § 1, 6-21-11; Ord. No. 2000-08, § 4, 5-16-00)