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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

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

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