Section 5.95.542. McNeil River State Game Refuge and McNeil River State Game Sanctuary.

	(a)  The following conditions apply to activities in the McNeil River State Game Refuge (refuge) and the McNeil River State Game Sanctuary (sanctuary):   
		(1) Helicopter access: a person must obtain a special area permit before landing a helicopter within the refuge or sanctuary;  
		(2) Off-road use of wheeled, tracked, or other ground-effect motorized vehicles: the off-road use of wheeled, tracked, or other ground-effect motorized vehicles is prohibited within the refuge and sanctuary, except that  
			(A) the off-road use of a snowmachine in support of lawful trapping activities within the refuge may be conducted only under the terms of a special area permit;   
			(B) the commissioner may issue an individual special area permit, on a case-by-case basis, for the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle within the refuge or sanctuary if the applicant shows that the use of the applicable vehicle is   
				(i) a demonstrable need for which there is no feasible alternative;  
				(ii) consistent with the goals and policies of the management plan under this section; and  
				(iii) consistent with the purpose for which the refuge or sanctuary was established;  
		(3) Camping: the following restrictions apply to camping activities within the refuge and sanctuary:  
			(A) a person may not engage in noncommercial camping within the refuge or sanctuary for more than 14 days per calendar year unless authorized by a special area permit issued before the camping activity begins;  
			(B) a person may not provide commercial camping services within the refuge or sanctuary unless authorized by a special area permit issued before providing the services;  
			(C) the following requirements apply to all camping activity within the refuge or sanctuary:   
				(i) a person may not place, deposit, or leave any solid waste, including garbage and litter, within the refuge or sanctuary; all waste must be removed at the time the camping activity ends;  
				(ii) a person may not store food and garbage at the campsite within the refuge or sanctuary unless the food and garbage is isolated from bears by using a bear-proof container, an electric fence, an enclosed food cache located at least 15 feet above ground, or stored within a hard-sided building or a lockable and hard-sided section of a vehicle, vessel, or aircraft;  
		(4) Structures: a person may not construct a structure, including a tent platform, elevated food cache, latrine, or other hardened structure, within the refuge or sanctuary unless authorized by a special area permit issued before construction begins;   
		(5) Boat storage: the following restrictions apply to boat storage within the refuge or sanctuary:   
			(A) a person may not store a boat more than 20 feet in overall length within the refuge or sanctuary;  
			(B) a person may not store a boat 20 feet or less in overall length within the refuge or sanctuary unless authorized by a special area permit issued before the boat is stored;   
		(6) Mining: a person may not engage in mining activities within the refuge unless authorized by a special area permit issued before the mining activity begins;   
		(7) Fuel storage and hazardous substances: the following restrictions apply to fuel storage and the handling of hazardous substances within the refuge or sanctuary:  
			(A) a person may not release or dispose of a hazardous substance, as defined in AS 46.09.900, or petroleum-based fuel in the refuge or sanctuary;  
			(B) a person may not store fuel in the refuge or sanctuary unless authorized by a special area permit issued before the activity begins; this prohibition does not apply to   
				(i) fuel contained in fuel tanks on board vessels, vehicles, or aircraft;   
				(iii) fuel actively used in a camp; and   
				(iii) fuel contained within permitted structures;  
		(8) Timber harvest: a person may not harvest live or standing timber within the refuge or sanctuary; the harvest of dead and down wood for personal use within the refuge or sanctuary is allowed.   
	(b)  In this section,  
		(1) "bear-proof container"   
			(A) means a securable container constructed of a solid non-pliable material capable of withstanding the stress and compacting forces of an adult grizzly bear, and when secured and under stress, the container will not have any cracks, openings, or hinges that would allow a bear to gain entry by biting or pulling with its claws;   
			(B) does not include  
				(i) a wood containers, unless the container is reinforced with metal;  
				(ii) ice chests and coolers;  
		(2) "commercial camping service" means the provision of assistance for compensation, or with the intent to receive compensation, to persons who camp in the refuge or sanctuary;   
		(3) "overall length" means the straight line length between the extremities of the boat, excluding any part of the boat's motor;  
		(4) "solid waste" means garbage, refuse, abandoned, or other discarded solid or semi-solid material, regardless of whether subject to decomposition, originating from any source.   

Authorities

16.05.020;16.05.050;16.20.020;16.20.041;16.20.050;16.20.060;16.20.160;16.20.162

Notes

Authority

AS 16.05.020 AS 16.05.050 AS 16.20.020 AS 16.20.041 AS 16.20.050 AS 16.20.060 AS 16.20.160 AS 16.20.162

History

Eff. 6/29/2008, Register 186