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(a) A recreation rivers permit from the department is required for a non-commercial activity that does not appear on the list in 11 AAC 09.030.
(b) A person applying for a recreation rivers permit shall submit to the department:
(1) a completed application on a form provided by the department;
(2) the fee as required by 11 AAC 05.010; and
(3) proof of the applicant's current comprehensive liability insurance coverage.
(c) The commissioner will, in the commissioner's discretion, issue a recreation rivers permit, if the commissioner determines that the issuance of the permit is consistent with law and the management plan.
(d) Before issuance of a permit under this section, the department will notify the applicant of the amount of performance guarantee for each specific permitted activity. The amount of the performance guarantee shall be based on the past performance of the applicant related to the activities for which a permit is requested, the potential damage to state resources or liability incurred by the state, and the potential cost to the state of restoration because of activities related to the permit. The amount of the performance guarantee may not exceed estimated potential costs or liability, but shall not be less than $1,000. The department will not issue the permit before receiving the required performance guarantee and annual fee as prescribed for a land use permit in 11 AAC 05.010, unless the department has waived the annual fee under 11 AAC 05.010(g) .
(e) The commissioner will issue a permit under this section for a period not to exceed five years. The term of the permit will be specified on the face of the permit and set consistent with the management plan for the area. The commissioner will issue the permit subject to specific terms and conditions. Each permit shall contain a specific description of the permitted activity.
(f) A permit issued under this section is revocable at will. The department will revoke a permit for the following reasons:
(1) the permit holder's failure to comply with law related to the permit or the terms or conditions of the permit;
(2) the department's determination that the revocation is necessary to further the management plan for the area.
(g) The department will, in its discretion, suspend a permit issued under this section for the same reasons that a permit is revocable under (f) of this section, if the department determines that the failure was minor or a suspension will better further the management plan for the area. Additionally, the department will, in its discretion, proceed against the permit holder's performance guarantee for a failure to comply with law related to the permit or the terms or conditions of the permit.
History: Eff. 12/13/95, Register 136; am 12/7/2002, Register 164
Authority: AS 41.23.400
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Last modified 7/05/2006