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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

5 AAC 95.440. Limitations on special area permits

A permit issued under 5 AAC 95.700 - 5 AAC 95.760

(1) does not convey an interest in state land or grant any preference right for the lease or purchase of state land; and

(2) does not allow the permittee to restrict or interfere with public access across or public use of a special area unless specified in the permit.

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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Article 5
State Game Refuges

Section

500. Palmer Hay Flats State Game Refuge Management Plan.

505. Palmer Hay Flats State Game Refuge.

510. Susitna Flats State Game Refuge Management Plan.

515. Susitna Flats State Game Refuge.

520. Mendenhall Wetlands State Game Refuge Management Plan.

525. Anchorage Coastal Wildlife Refuge Management Plan.

530. Minto Flats State Game Refuge Management Plan.

535. Trading Bay State Game Refuge goals and policies.

540. McNeil River State Game Refuge and State Game Sanctuary Management Plan.

542. McNeil River State Game Refuge and McNeil River State Game Sanctuary.

545. Yakataga State Game Refuge Management Plan.

550. Izembek State Game Refuge Management Plan.

552. Izembek State Game Refuge.

5 AAC 95.500. Palmer Hay Flats State Game Refuge Management Plan

The goals, objectives, and policies of the Palmer Hay Flats State Game Refuge Revised Management Plan dated 2002, are adopted by reference. The plan presents management goals and guidelines for the refuge and its resources which the department will use in determining whether proposed activities in the refuge are compatible with the protection of fish and wildlife, their habitats, and public use of the refuge. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state game refuge. All special area permit applications will be reviewed for consistency with the management goals and guidelines adopted by reference in this section. Special area permits issued for the Palmer Hay Flats State Game Refuge will be approved, conditioned, or denied based on the criteria set out in those management goals and guidelines and on the standards contained elsewhere in this chapter.

History: Eff. 1/11/87, Register 101; am 6/26/2003, Register 166

Authority: AS 16.05.020

AS 16.05.050

AS 16.20.020

AS 16.20.032

AS 16.20.060

Editor's note: Copies of the Palmer Hay Flats State Game Refuge Revised Management Plan are available at the Anchorage office of the Department of Fish and Game, Division of Sport Fish, 333 Raspberry Road, Anchorage, Alaska 99518-1599. In addition, the management plan is available for inspection at the Lieutenant Governor's Office, Juneau, Alaska.

5 AAC 95.505. Palmer Hay Flats State Game Refuge

The following apply to the implementation of the Palmer Hay Flats State Game Refuge Management Plan:

(1) Off-road vehicles. The off-road use of a wheeled, tracked, or other ground-effect motorized vehicle is not allowed in the Palmer Hay Flats State Game Refuge, except that

(A) a general permit for a special area may be issued under 5 AAC 95.770 for the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle of less than 1,000 pounds gross vehicle weight as follows:

(i) from November 9 through March 31, when there is adequate snow depth and ground frost as described in the general permit, on all refuge land except state land in sections 22, 27, and 34 of T17N, R1E, Seward Meridian; and

(ii) from August 15 through November 15, only in a posted corridor extending from the western boundary of the refuge eastward to the stream mouth located in T17N, R1W, SEC 36, SW1/4, within 100 yards of the north bank of Palmer Slough and Knik Arm; the commissioner may terminate or decide not to reissue the general permit if the commissioner determines that use of the corridor is detrimental to the protection of refuge resources;

(B) the commissioner may issue an individual special area permit under this chapter, on a case-by-case basis, for the off-road use of a wheeled, tracked, or other ground-effect vehicle not allowed under (A) of this paragraph if the use fulfills a demonstrable need for which there is no feasible alternative, meets the goals and guidelines of the management plan, and is consistent with the purpose for which the refuge was established;

(2) Motorized Watercraft. The use of motorized watercraft in the Palmer Hay Flats State Game Refuge is allowed as follows:

(A) the Knik River, Matanuska River, and Knik Arm waters are open year-round to the use of motorized watercraft;

(B) Wasilla Creek is open to the use of a motorized watercraft, except that Wasilla Creek is closed during openings of the Wasilla Creek weekend-only sport fishery, to all motorized watercraft capable of producing more than 42 pounds of thrust or three horsepower;

(C) on all other waters not listed in (A) or (B) of this paragraph, use of motorized watercraft is prohibited, except that from August 16 through March 31, motorized watercraft with a motor of 20 horsepower or less may be used;

(D) the commissioner may issue an individual special area permit under this chapter, on a case-by-case basis, for the use of motorized watercraft prohibited under (B) or (C) of this paragraph if the use fulfills a demonstrable need for which there is no feasible alternative, meets the goals and guidelines of the management plan, and is consistent with the purpose for which the refuge was established;

(3) Aircraft. An aircraft may not land in the Palmer Hay Flats State Game Refuge, except that

(A) from November 10 through March 31, by a general permit for a special area issued under 5 AAC 95.770, if there is adequate snow cover as described in the general permit, and ice depth adequate to support aircraft;

(B) the commissioner may issue an individual special area permit under this chapter, on a case-by-case basis, for the landing of aircraft not allowed under (A) of this paragraph if the use fulfills a demonstrable need for which there is no feasible alternative, meets the goals and guidelines of the management plan, and is consistent with the purpose for which the refuge was established.

History: Eff. 1/11/87, Register 101; am 6/26/2003, Register 166

Authority: AS 16.05.020

AS 16.05.050

AS 16.20.020

AS 16.20.032

AS 16.20.060

5 AAC 95.510. Susitna Flats State Game Refuge Management Plan

The goals, objectives, and policies of the Susitna Flats State Game Refuge Management Plan dated March, 1988 are adopted by reference. The plan presents management goals, objectives, and policies for the refuge and its resources which the department will use in determining whether proposed activities in the refuge are compatible with the protection of fish and wildlife, their habitats, and public use of the refuge. Under 5 AAC 95.420, a special area permit is required for certain activities occurring in a designated state game refuge. The department will review each special area permit application for consistency with the goals, objectives, and policies adopted by reference in this section. A special area permit issued for the Susitna Flats State Game Refuge will be approved, conditioned, or denied based on the criteria set out in those goals, objectives, and policies, and on the standards contained elsewhere in 5 AAC 95.

History: Eff. 9/15/88, Register 107

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