11 AAC 09.050. Enforcement orders

The management plan referred to in 11 AAC 09.005 establishes the activity restrictions the commissioner finds necessary to implement the purposes of AS 41.23.400 . A person's noncompliance with those restrictions will be dealt with as follows:

(1) a peace officer designated to enforce the provisions of AS 41.23.400 - 41.23.510 will serve notice of the applicable restriction by personally communicating it to the person or, if the person is not present, by posting at the site of the noncompliance;

(2) the notice will include an order to correct the noncompliance within a stated period by ceasing or modifying the restricted activity, restoring damage caused to state land and water, or leaving the premises; the notice will notify the user that an inspection is required to determine whether the noncompliance has been corrected; the order constitutes a written authorization of the division of land;

(3) for each inspection to determine whether the noncompliance has been corrected, an inspection fee as required by 11 AAC 05.010(a) (7) will be charged;

(4) failure to comply with the peace officer's order terminates the person's privilege of using the recreation rivers system, suspends the user's permit, if any, issued under 11 AAC 09.200 or 11 AAC 09.300, and constitutes a trespass; if the noncompliance continues or fees are not paid, the department reserves the right to pursue any lawful remedy, including an action for civil or criminal trespass.

History: Eff. 12/13/95, Register 136

Authority: AS 38.05.020

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