AUGUSTA -- Two state agencies are negotiating a consent agreement with the goal of reducing the amount of phosphorus released at fish hatcheries around the state.

For years, the hatcheries have released too much phosphorus into rivers and streams, according to the state Department of Environmental Protection. Phosphorus promotes algae growth, crowding out oxygen needed by other plants and fish to survive, said Andrew Fisk, director of the Bureau of Land and Water Quality for the environmental protection department.

The seven active state hatcheries are run by the Department of Inland Fisheries and Wildlife.

"Right now we're in the process of crafting a consent agreement that has corrective actions and calculates a penalty per the requirements of the Clean Water Act," Fisk said.

When the state took over the hatcheries in 2001, there were already problems with water discharged from the facilities, Fisk said.

The state created a licensing system for all facilities -- state and private -- to better enforce regulations. "There is no specific policy in terms of how you implement the Clean Water Act that distinguishes between public and private," he said. "We're treating IF&W exactly as we would any other discharge (site)."

The inland fisheries and wildlife department has $2 million to make improvements to come into compliance. Work at four facilities is set for this fall, with improvements at two additional sites set for 2010.

This fall, waste water improvements are scheduled for facilities in Grand Lake Stream, Embden, Augusta and Palermo, with other work set for Enfield and Casco next year, said Todd Langevin, supervisor of hatcheries.

He said the inland fisheries and wildlife department is trying to meet the limits set by the Department of Environmental Protection at a time when it has also increased production. Since 2002, the hatcheries have increased output by 30 percent and now stock 1.3 million fish per year.

"The limits that are set for phosphorous are extremely low," he said. "The technology to remove phosphorous from the water is underdeveloped. It's a very difficult process to do that."

Fisk said while the two agencies will work together, there's also work under way to re-examine whether the phosphorus limits are too stringent.

"It's clear to us they have done phase one of very significant improvements at a number of hatcheries," Fisk said. "The existing $2 million bond is going to get them to the second round of planned infrastructure improvements."

From there, it's up to the operators to fine tune the technology to make sure the hatcheries can meet the limits.

"To be fair with spending public money, it would be fair to get all of these things installed at these six sites ... and then see how the DEP rule changes, and take a look at those streams," said Peter Bourque, fisheries division supervisor.

Susan Cover -- 620-7015

scover@centralmaine.com