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5 AAC 95.310. Personal watercraft use prohibited

Repealed.

History: Eff. 5/3/2001, Register 158; repealed 1/9/2021, Register 237

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Article 4
Special Areas

Section

400. Implementation of authority.

410. Notice requirements.

420. Activities requiring a special area permit.

430. Conditioning, approval, or denial of special area permits.

440. Limitations on special area permits.

5 AAC 95.400. Implementation of authority

The commissioner will implement the authorities vested in AS 16.20.050 , 16.20.060, 16.20.094, 16.20.162, 16.20.520, and 16.20.530, excluding hunting, trapping, and fishing, in accordance with procedures established in this chapter.

History: Eff. 6/5/86, Register 98

Authority: AS 16.05.020

AS 16.05.050

AS 16.05.251

AS 16.05.255

AS 16.05.270

AS 16.20.050

AS 16.20.060

AS 16.20.094

AS 16.20.162

AS 16.20.520

AS 16.20.530

5 AAC 95.410. Notice requirements

(a) Before a lease or other disposal of land under state jurisdiction and control in a special area, or private land in a critical habitat area, the responsible state department or agency or private landowner shall notify the commissioner.

(b) No person or governmental agency may undertake an activity listed in 5 AAC 95.420(a) within a special area unless the commissioner has been notified and a permit for the activity has been issued by the commissioner under 5 AAC 95.700 - 5 AAC 95.760.

History: Eff. 6/5/86, Register 98

Authority: AS 16.05.020

AS 16.05.050

AS 16.05.251

AS 16.05.255

AS 16.20.050

AS 16.20.094

AS 16.20.096

AS 16.20.162

AS 16.20.520

5 AAC 95.420. Activities requiring a special area permit

(a) No person or governmental agency may engage in the following uses or activities within a special area without first obtaining a special area permit following the procedures of 5 AAC 95.700 - 5 AAC 95.760:

(1) construction, placement, or continuing use of any improvement, structure, or real property within a special area;

(2) destruction of vegetation;

(3) detonation of an explosive other than a firearm;

(4) excavation, surface or shoreline altering activity, dredging, filling, draining, or flooding;

(5) natural resource or energy exploration, development, production, or associated activities;

(6) water diversion or withdrawal;

(7) off-road use of wheeled or tracked equipment unless the commissioner has issued a general permit under 5 AAC 95.770;

(8) waste disposal, placement, or use of a toxic substance;

(9) grazing or animal husbandry; and

(10) any other activity that is likely to have a significant effect on vegetation, drainage, water quality, soil stability, fish, wildlife, or their habitat, or which disturbs fish or wildlife other than lawful hunting, trapping, fishing, viewing, and photography.

(b) The commissioner makes the final determination as to whether a specific activity is subject to the provisions of this chapter.

History: Eff. 6/5/86, Register 98

Authority: AS 16.05.020

AS 16.05.050

AS 16.05.251

AS 16.05.255

AS 16.20.060

AS 16.20.094

AS 16.20.096

AS 16.20.162

AS 16.20.530

5 AAC 95.430. Conditioning, approval, or denial of special area permits

If the procedural requirements of 5 AAC 95.700 - 5 AAC 95.760 are met, the commissioner will permit a use or activity listed in 5 AAC 95.420 that meets or can be conditioned to meet the following standards:

(1) the use or activity is consistent with the protection of fish and wildlife and their use, protection of fish and wildlife habitat, and the purpose for which the special area was established; and

(2) the use or activity does not unduly restrict or interfere with the public use and enjoyment of the resource values for which the special area was established; and

(3) any adverse effect upon fish and wildlife, and their habitats, and any restriction or interference with public use, is mitigated in accordance with 5 AAC 95.900.

History: Eff. 6/5/86, Register 98

Authority: AS 16.05.020

AS 16.05.050

AS 16.05.251

AS 16.05.255

AS 16.20.060

AS 16.20.094

AS 16.20.096

AS 16.20.162

AS 16.20.530

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