11 AAC 12.335. Closures and use management

(a) Upon a determination that the action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, aid to scientific research, 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 all or a portion of a park, a reasonable schedule of visiting hours, impose public use limits, or close all or a portion of a park to all public use or to a specific use or activity;

(2) designate areas for a specific use or activity, or impose conditions or restrictions on a use or activity; or

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

(b) A closure, designation, use or activity restriction or condition, or the termination or relaxation of one, which is of a nature, magnitude and duration that will result in a significant alteration in the public use pattern of the park area, will adversely affect the park's natural, aesthetic, scenic, or cultural values, or will require a long-term or significant modification in the resource management objectives of the unit, must be adopted as a regulation.

(c) Except in emergency situations, before implementing or terminating a restriction, condition, public use limit, or closure, the director shall prepare a written determination justifying the action. That determination must set out the reasons the restriction, condition, public use limit, or closure authorized under (a) of this section has been established, and an explanation of why less restrictive measures will not suffice, or, in the case of a termination of a restriction, condition, public use limit, or closure previously established under paragraph (a) of this section, a determination why the restriction is no longer necessary and a finding that the termination will not adversely impact park resources. This determination will be available to the public upon request.

(d) To implement a public use limit, the director may establish a permit, registration, or reservation system. Permits must be issued in accordance with the criteria and procedures of 11 AAC 18.

(e) No person may violate a closure, designation, use or activity restriction or condition, schedule of visiting hours, or public use limit. When a permit is used to implement a public use limit, violation of the terms and conditions of the permit is prohibited and may result in the suspension or revocation of the permit.

History: Eff. 8/1/68, Register 27; am 1/13/73, Register 44; am 5/11/85, Register 94

Authority: AS 41.21.020

AS 41.21.040

AS 41.21.950

Editor's note: The substance of 11 AAC 12.335, regarding park closures and public use management, was formerly contained in 11 AAC 12.010. The history of former 11 AAC 12.010 is reflected in the history note for 11 AAC 12.335.

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.