11 AAC 21.105. Closure and use management

(a) Upon a determination that the action is necessary to aid scientific research, or for the protection of natural or cultural resources, protection of environmental or scenic values, maintenance of public health and safety, implementation of management responsibilities, equitable allocation and use of facilities, or the avoidance of conflict among visitor use activities, the director may

(1) establish, for the Critical Habitat Area of the preserve, a reasonable schedule of visiting hours, impose public use limits, or close all or a portion of the Critical Habitat Area to all public use or to a specific use or activity;

(2) limit a specific use or activity to a designated area, or impose conditions or restrictions on a use or activity; or

(3) terminate or modify a restriction, limit, closure, or condition imposed under (1) or (2) of this subsection.

(b) Except in an emergency situation, before implementing or terminating a restriction, condition, limit, or closure, the director shall issue a written determination that sets out the reasons for the implementation or termination. For an emergency situation, the written determination may be issued after the implementation or termination. The written determination must (1) in the case of an implementation, state why less restrictive measures will not suffice, or (2) in the case of a termination, state why the restriction is no longer necessary and include a finding that the termination will not have an unreasonably adverse impact on preserve resources. For the purposes of this section, an adjustment that makes a restriction, condition, or a limit more restrictive is an implementation, and an adjustment that relaxes the restrictive effect is a termination.

(c) A restriction, limit, closure, or condition, or the termination of one of these that will result in a significant alteration in the public use pattern of the preserve, will have a significant effect on the preserve's natural, aesthetic, scenic, or cultural values, or will require a long-term or significant modification in the resource management objectives of the preserve, will be adopted as a regulation.

(d) To implement a public use limit, the director, after consultation with the council, may establish a permit, registration, or reservation system in accordance with the criteria and procedures of 11 AAC 21.120.

(e) The division shall notify the council of any action taken under this section before that implementation or termination, or, in the case of an emergency, within five days after the implementation or termination.

(f) No person may violate a restriction, limit, closure, or condition imposed under this section. If a permit under (d) of this section is used to implement a public use limit, violation of the terms and conditions of the permit is prohibited, and could result in the suspension or revocation of the permit.

History: Eff. 2/3/88, Register 105

Authority: AS 41.21.020

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