Section 11.20.860. Boat motor use.

	(a)  Except as prohibited by 11 AAC 20.865, and  subject to the limitations and restrictions set out in this section, the operation of a boat by the use of a boat motor is allowed in the Kenai River Special Management Area.  
	(b)  On or after January 1, 2008, a person may not operate a boat in the Kenai River Special Management Area by use of a motor or combination of motors with a total propshaft horsepower rating greater than 50 horsepower. These horsepower rating limitations do not apply to the following:  
		(1) the operation of a boat on Kenai Lake, on Skilak Lake, and on the Kenai River between the Kenai Lake Bridge and river mile 80.7;  
		(2) the operation of a boat by a federal, state, or local governmental agency for the purpose of law enforcement or search and rescue, or for the purpose of fish and game management under a special park use permit issued under 11 AAC 18.010.  
	(c)  On or after January 1, 2008, a person may not operate a boat in the Kenai River Special Management Area by the use of a motor that has been altered or disguised with respect to the manufacturer's propshaft horsepower rating, manufacturer cowling decals, or the model or serial numbers to produce more than 50 propshaft horsepower.  
	(d)  A person may not operate a boat in the Kenai River Special Management Area by the use of a motor unless the original propshaft horsepower rating of a motor is clearly labeled by the manufacturer or a factory authorized dealer mechanic in the form of cowling decals appropriate to the propshaft horsepower rating. The original propshaft horsepower rating of the motor may be further indicated by a stamp marking embossed in the metal or as part of the model number of the motor.  
	(e)  On or after January 1, 2008, but before January 1, 2013, a person may not operate a boat in the Kenai River Special Management Area by the use of a motor as follows:   
		(1) with a total propshaft horsepower rating greater than 35 horsepower, unless the motor is a four-stroke motor or a direct fuel injection two-stroke motor, as described in Attachment A of the Department of Natural Resources, Division of Parks and Outdoor Recreation, Director's Decision on Reduction of Hydrocarbon Pollution from Motorized Boats on the Kenai River, signed November 16, 2006, and adopted by reference;  
		(2) during the month of July, unless the motor is a four-stroke motor or a direct fuel injection two-stroke motor, as described in Attachment A of the Department of Natural Resources, Division of Parks and Outdoor Recreation, Director's Decision on Reduction of Hydrocarbon Pollution from Motorized Boats on the Kenai River, signed November 16, 2006, and adopted by reference;  
		(3) repealed 8/6/2010.  
	(f)  in this section,  
		(1) "direct fuel injected two-stroke motor" means a motor whose fuel is directly injected into the top of the cylinder of an internal combustion engine whose cycle is completed in two piston strokes;  
		(2) "four-stroke motor" means an internal combustion engine whose cycle is completed in four piston strokes; "four-stroke motor" includes a suction stroke, compression stroke, expansion stroke, and exhaust stroke;   
		(3) "propshaft horsepower rating" means the boat motor's original manufacturer rated and labeled horsepower; however, the addition of a jet drive unit to a boat motor does not change the propshaft horsepower rating of the motor powerhead and driveshaft configuration for the purposes of this section.  
	(g)  On or after January 1, 2013, a person may not operate a boat in the Kenai River Special Management Area by the use of a motor as follows:  
		(1) unless the motor is a four-stroke motor or a direct fuel injection two-stroke motor, as described in Attachment A of the Department of Natural Resources, Division of Parks and Outdoor Recreation, Director's Decision on Reduction of Hydrocarbon Pollution from Motorized Boats on the Kenai River, signed November 16, 2006, and adopted by reference;  
		(2) repealed 8/6/2010.  

Authorities

41.21.020;41.21.506

Notes

Reference

11 AAC 20.861

Authority

AS 41.21.020 AS 41.21.506

History

Eff. 5/11/85, Register 94; am 4/25/86, Register 98; am 7/1/89, Register 110; am 7/1/98, Register 146; am 3/1/2008, Register 185; am 6/5/2008, Register 186; am 8/6/2010, Register 195