11 AAC 18.030. Noncompetitive park use permits for commercial activities

(a) The director may negotiate a noncompetitive permit for a commercial activity if

(1) the conditions of 11 AAC 18.025 are met;

(2) issuance of the permit is compatible with the statutory purposes for which the park was established, or, in the absence of specific statutory purpose, the permitted activity is found by the director to be compatible with public recreation and resource protection;

(3) the applicant pays a fee, established by the director, which will give the state a fair and reasonable return in light of the cost of administering the activity permitted under this section, the impact of the proposed activity on the park, the incidental benefit that might be provided the park, goods or services provided to the state, and the gross business receipts attributable to the activity;

(4) the director finds that there is no need to limit the number of individuals or firms providing the service to protect public use of the state park or to protect stated park resources; and

(5) the term of the permit is no longer than five calendar years, and is revocable at any time the director determines that the criteria set by 11 AAC 18.025(c) are not being met or the public interest is not otherwise served.

(b) The director may require that a permit contain conditions that require the permittee or the permittee's agents or employees to

(1) possess required borough, state, or federal licenses, registrations or certifications that are applicable to the activity authorized by the permit;

(2) indemnify, hold harmless, and defend the state, its officers, agents, and employees from liability of any nature or kind;

(3) mark vehicles used in providing commercial services with specific identification;

(4) be in or aboard a vehicle being used for activities authorized by the permit;

(5) not fish or allow the permittee's support staff or employees to fish from a vehicle being used for activities authorized by this section in the Kenai River Special Management Area during the months of May, June, and July while clients are present;

(6) be liable for the repair of any damage to land, water, facilities, or resources resulting from the actions of the permittee or his or her agents, employees, or clients;

(7) report any accidents involving personal injury or incidents of wildlife hazards, or the loss of equipment;

(8) have a first aid certification recognized by state or national registration;

(9) provide proof of liability insurance at a minimum of $100,000 per individual and $300,000 per event, and designating the State of Alaska as "the additional named insured with notice of cancellation"; the director may require a higher amount of liability insurance for activities that involve a high degree of risk for the participants;

(10) provide reports on the number of clients served, and the number of fish taken, to the division at the end of each season;

(11) attend mandatory commercial use permittee orientation sessions offered by the division;

(12) comply with other conditions determined necessary by the director to protect the state's interest.

(c) No permittee, or permittee's agent or employee may violate the conditions of the permit. Upon any violation of a condition of the permit, the director may suspend or revoke the permit. Each day in violation of the permit conditions constitutes a separate offense under AS 41.21.950 .

History: Eff. 5/11/85, Register 94; am 1/28/88, Register 105; am 2/3/88, Register 105; am 7/1/89, Register 110; am 7/1/98, Register 146

Authority: AS 41.21.020

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