11 AAC 21.120. Conditional activities

(a) Authorization from the director is required for the following activities in the preserve:

(1) a promotional or entertainment event, including an organized athletic event, competitive recreational event, or spectator event, whether or not an admission fee is charged, or production of a film or television documentary for educational or entertainment purposes;

(2) camping for longer than 15 consecutive days in a calendar year, or for longer than the time period designated by the director for camping at the site or area in which the camp is made, except for traditional hunting and subsistence fishing camping;

(3) constructing or placing an improvement, structure, or property on land in the preserve, including a sign, fixture, permanent shelter or cabin, wildlife observation blind, personal property, road, trail, excavation, fill or buttress, except for the temporary bridges across the Tsirku River required for winter access to Chilkat Lake;

(4) discharging explosives;

(5) conducting scientific research, exploration, or information collection activities;

(6) using the preserve for recurring or permanent motorized access across land or water closed to motorized use;

(7) performing activities limited by the director under 11 AAC 21.105; or

(8) after consultation with the council, any use that the director determines to be incompatible with the purposes for which the preserve was established, as those purposes are defined by statute and regulation.

(b) The director may, after advice from the council, authorize an activity upon determining that:

(1) natural, cultural, historical, and archaeological resources of the preserve will not be damaged or imperiled;

(2) the preserve is protected from pollution;

(3) public use values of the preserve are maintained and protected;

(4) the public safety, health, and welfare will not be damaged or imperiled;

(5) the activity is consistent with the Alaska Coastal Management Program (AS 46.40), if applicable.

(c) The person who will be responsible for the activity shall file an application for authorization at the district office of the division in Haines and shall pay the required nonrefundable permit fee established in 11 AAC 05.010. The application will be forwarded to the regional office of the division for action.

(d) An applicant whose request for authorization is denied in whole or in part, or any other eligible person affected by an action of the division upon a request for authorization, may appeal that decision in accordance with 11 AAC 02. The council will be notified of an appeal.

(e) Public use restrictions implemented in accordance with 11 AAC 21.105 apply to commercial use permittees.

History: Eff. 2/3/88, Register 105; am 11/7/90, Register 116; am 9/19/2001, Register 159

Authority: AS 41.21.020

AS 41.21.040

AS 44.37.011

The Alaska Administrative Code was automatically converted to HTML from a plain text format. Every effort has been made to ensure its accuracy, but neither Touch N' Go Systems nor the Law Offices of James B. Gottstein can be held responsible for any possible errors. This version of the Alaska Administrative Code is current through June, 2006.

If it is critical that the precise terms of the Alaska Administrative Code be known, it is recommended that more formal sources be consulted. Recent editions of the Alaska Administrative Journal may be obtained from the Alaska Lieutenant Governor's Office on the world wide web. If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful. Copyright 2006. Touch N' Go Systems, Inc. All Rights Reserved.