Biological Opinion on the U.S. Environmental Protection Agency’s Proposed Approval of the State of Alaska’s Mixing Zone Regulation Section of the State of Alaska Water Quality Standards

On April 15, 2009, NOAA Fisheries received a letter requesting a formal consultation from the United States Environmental Protection Agency pursuant to section 7 of the Endangered Species Act. The EPA requested consultation on their proposed approval of the State of Alaska Department of Environmental Conservation’s Mixing Zone Regulation section [18 AAC 70.240], including most recent revisions, of the Alaska Water Quality Standards [18 AAC 70; WQS] relative to the endangered Cook Inlet beluga whale. Attached to the EPA request was the April 2009 Cook Inlet Beluga Whale Effects Analysis for Alaska’s Mixing Zone WQS Revisions, which supplements the September 9, 2006 Revisions to the Mixing Zone Regulations of Alaska State Water Quality Standards Biological Assessment. The EPA provided further information upon NOAA Fisheries’ request. All the components necessary to initiate formal consultation were received by April 14, 2010.

Action Agency: U.S. Environmental Protection Agency

NMFS Consultation Number: AKR-2010-6742