Alaska Administrative Code
Title 5 - Fish and Game
Part 5 - Protection of Fish and Game Habitat
Chapter 95 - Fish and Game Habitat
Article 6 - State Critical Habitat Areas
5 AAC 95.642 - Willow Mountain Critical Habitat Area Management Plan
Universal Citation: 5 AK Admin Code 95.642
Current through August 30, 2024
(a) The following conditions apply to activities in the Willow Mountain Critical Habitat Area:
(1)
off-road use of wheeled, tracked,
or other ground-effect motorized vehicles; the off-road use of a
wheeled, tracked, or other ground-effect motorized vehicle is prohibited within
the critical habitat area, except that
(A) a
general permit may be issued under
5
AAC 95.770 for
(i)
the off-road use of a wheeled, tracked, or other ground-effect motorized
vehicle on designated trails in the critical habitat area; or
(ii) off-road vehicle use throughout the
critical habitat area when there is sufficient snow cover and ground frost to
prevent the penetration of or disturbance to the soil surface or plant roots,
as indicated in the general permit; and
(B) the commissioner may issue an individual
special area permit, on a case-by-case basis, for the off-trail use of a
wheeled, tracked, or other ground-effect motorized vehicle within the critical
habitat area in association with an authorized habitat enhancement or trail
improvement activity;
(2)
aircraft access; a person must obtain a special
area permit before landing an aircraft in the critical habitat area, except
that ski-mounted, fixed-wing aircraft may land and takeoff in the critical
habitat area without a permit when sufficient snow cover is present;
(3)
structures; the following
restrictions apply to the placement and construction of structures in the
critical habitat area:
(A) permanent
commercial or private structures, including cabins, are prohibited;
(B) a person may not construct or place a
temporary structure, including a bear bait station, tree stand, tent platform
or other hardened structure, without first obtaining a special area
permit;
(4)
camping; the following restrictions apply to camping activities
within the critical habitat area:
(A) a
person may not engage in non-commercial camping on state land within the
critical habitat area for more than 14 consecutive days at one location, or at
a location within a two-mile radius of the original location, unless authorized
by a special area permit issued before the camping activity begins;
(B) a person may not place, deposit, or
leave any solid waste, including garbage and litter; all waste must be removed
at the time the camping activity ends;
(C) a person must store all food and garbage in a manner that does
not attract bears or other wildlife;
(D) a person must remove all camping equipment and associated
materials at the time the camping activity ends;
(E) a person may not cut a live, standing tree for a campfire or
other camping purpose;
(F) a
person may not provide commercial camping services unless authorized by a
special area permit issued before providing the services;
(G) a campsite must be marked with the
responsible party's mil name and date of arrival, if people are not present in
the campsite;
(5)
mining; a person must obtain a special area permit before
conducting any mining activity, except that gold panning and other
non-mechanized, minimally invasive mining activities are generally allowed
in;
(6)
fuel storage and
hazardous substances; the following restrictions apply to fuel storage
and the handling of hazardous substances within the critical habitat area:
(A) a person may not release or dispose of a
hazardous substance as defined in
AS
46.09.900, or petroleum-based fuel;
(B) a person may not store fuel unless
authorized by a special area permit issued before the activity begins; this
prohibition does not apply to
(i) fuel
contained in fuel tanks in vehicles or aircraft;
(ii) 10 gallons or less of fuel properly
contained in an occupied camp;
(iii) 10 gallons or less of fuel stored in
appropriate containers in an authorized off-road vehicle or
trailer;
(C) a person may
not store a hazardous substance as defined in
AS
46.09.900.
(b) In this section,
(1) "designated trail" means a trail identified on a map included
in a special area permit or identified by department trail markers in the
Willow Mountain Critical Habitat Area;
(2) "commercial camping services" means any activity that is
associated with the provision of assistance for compensation, or with the
intent to receive compensation, to a person who camps in the critical habitat
area;
(3) "off-road vehicle" means
a wheeled, tracked, or other ground effect motorized vehicles, including
(A) an all-terrain vehicle, including a
(i) four wheeler;
(ii) dirt bike;
(iii) dune buggy; or
(iv) side-by-side;
(B) a full sized vehicle, including a truck
or jeep;
(C) a utility vehicle with
wheels, tracks, or a combination of both; or
(D) wheeled aircraft;
(4) "solid waste" means garbage, refuse, or abandoned or otherwise
discarded solid or semi-solid materials, regardless of source or level of
decomposition.
Authority:AS 16.05.020
AS 16.05.050
AS 16.20.500
AS 16.20.520
AS 16.20.530
AS 16.20.620
Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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