Title 11 . Natural Resources

Chapter 96 . (No Regulations Filed)

Section 14. Special use land

11 AAC 96.014. Special use land

(a) This section lists sites and areas of state land that the department has designated, after public notice under AS 38.05.945 , as special use land. The department has determined that these sites and areas of land have special scenic, historic, archeological, scientific, biological, recreational, or other special resource values warranting additional protections or other special requirements. Unless otherwise provided in (b) of this section, special requirements applicable to special use land are in addition to requirements applicable to state land under AS 38 and this title.

(b) For the following sites and areas that have been designated as special use land, corresponding special requirements apply as follows:

(1) for the North Slope Area, ADL number 50666, for all state land in townships within the Umiat Meridian, a permit is required for motorized vehicle use, unless that use is for subsistence purposes or is on a graveled road;

(2) for Poker Flat North, ADL number 412457, for land generally described as north of the Steese Highway between Little Poker and Long Creeks, as shown on the map entitled Poker Flat North and South Special Use Areas, dated October 16, 2002, and adopted by reference, rocket and rocket booster impacts as a result of the research conducted at the Poker Flat Rocket Range are allowed in this area without further authorization;

(3) for the Hatcher Pass Special Use Area, ADL number 223585, generally described as those lands designated by AS 41.23.130 and certain lands described in the Hatcher Pass Management Plan, as shown on the map entitled Hatcher Pass Special Use Area, dated October 16, 2002, and adopted by reference,

(A) in the Upper Little Susitna Valley and the Reed Valleys and Lakes, as depicted on the Hatcher Pass Special Use Area map, off-road motorized use, including landing aircraft, is prohibited, except that the department may issue a permit for motorized use for mineral development, grazing, trail construction or maintenance, or trapping, if the department determines that the use would not substantially interfere with recreational use of the area;

(B) within the Independence Mine State Historic Park Addition, as depicted on the Hatcher Pass Special Use Area map, off-road motorized use, including landing aircraft, is prohibited, except that the department may issue a permit for motorized use for mineral development, trail maintenance, or another special use if the department determines that the use would not substantially interfere with recreational use of the area;

(C) within the Hatcher Pass State Recreation Site, as depicted on the Hatcher Pass Special Use Area map, off-road motorized use is restricted to periods of sufficient snow cover to protect soils and vegetation; if sufficient snow cover is not present, the department may issue a permit for motorized use for mineral development, trail construction or maintenance, or another special use if the department determines that the use would not substantially damage surface resources; and

(D) within the Bald Mountain Ridge Habitat Area, as depicted on the Hatcher Pass Special Use Area map, off-road motorized use, including landing aircraft, is prohibited between May 1 and August 1; during that period, the department may issue a permit for motorized use for mineral development, trail construction or maintenance, or another special use if the department determines that the use would not negatively affect tundra bird nesting;

(4) for Poker Flat South, ADL number 414364, for land generally described as lying south of the Steese Highway between Davidson Ditch and Captain Creek, as shown on the map entitled Poker Flat North and South Special Use Areas, dated October 16, 2002, and adopted by reference, rocket and rocket booster impacts as a result of the research conducted at the Poker Flat Rocket Range are allowed in this area without further authorization;

(5) for Nushagak, ADL number 226852, described in the Nushagak and Mulchatna Rivers Recreation Management Plan, as public use site 6 within Unit 1, public use site 9 within Unit 3, and public use site 21 within Unit 15, as shown on the map entitled Nushagak Special Use Area, dated October 16, 2002, and adopted by reference, uses of state land not requiring a permit are limited to seven consecutive days; a permit is required for any use that exceeds seven consecutive days;

(6) for the Marmot Island Special Use Area, ADL number 225034, generally described as the east side of Marmot Island and three miles seaward, as shown on the map entitled Marmot Island Special Use Area; dated October 16, 2002, and adopted by reference,

(A) aircraft landings and other motorized vehicle and vessel uses are prohibited in the area marked "Motorized Uses Prohibited" on the Marmot Island Special Use Area map; in the remainder of the special use area, a permit is required for aircraft and boat landings and other motorized uses;

(B) a permit is required for camping or facilities development for scientific or management purposes, or for activities associated with access development; and

(C) camping other than for scientific or management purposes, use of domestic animals, timber harvest, mining, and recreational mining on the beach are prohibited;

(7) for the Kamishak Special Use Area, ADL number 225459, generally described as two parcels at Kamishak Bay, one lying between the McNeil River State Game Sanctuary and Katniai National Park, and the other adjoining the McNeil River State Game Sanctuary and overlying portions of the Katmai National Park boundaries, as shown on the map entitled Kamishak Special Use Area, dated October 16, 2002, and adopted by reference,

(A) between July 15 and September 30, camping in the restricted area between the mouths of the Little Kamishak River and the Kamishak River, as depicted on the Kamishak Special Use Area map, is restricted to commercial recreation camping with a permit; and

(B) float lodges, floathouses, floating camps, and other similar structures are prohibited;

(8) for the Togiak National Wildlife Refuge and Lower Goodnews River, ADL number 226851, generally described as shorelands within Togiak National Wildlife Refuge and lower Goodnews River as described in the Togiak National Wildlife Refuge Public Use Management Plan and Environmental Assessment as shown on the map entitled Togiak National Wildlife Refuge and Lower Goodnews River Special Use Area, dated October 16, 2002, and adopted by reference, setting up and using a camp is allowed as provided in 11 AAC 96.020(a) (4)A), except that the period of use is limited to three consecutive days at any one site; the period of use may be extended by permit;

(9) for the Nenana River Gorge and McKinley Village Subdivision, ADL number 414989, generally described as three parcels near Denali National Park and Preserve, one lying within one-half mile easterly of the eastern boundary of the Parks Highway right-of-way within Township 13 South, Range 7 West, Fairbanks Meridian, as shown on the map entitled Nenana River Gorge Special Use Area, dated October 16, 2002, and adopted by reference, one comprising that portion of Lot 3, United States Survey (USS) 5566 located between the Parks Highway right-of-way, the Old Denali Highway right-of-way, and the access road connecting the two roads within Section 36, Township 14 South, Range 7 West, Fairbanks Meridian, and one comprising Tract B of Alaska State Land Survey (ASLS) 83-194, Village View Subdivision, within Section 36, Township 14 South, Range 7 West, Fairbanks Meridian, a permit is required for setting up and using a camp for personal or commercial purposes;

(10) for Indian Cove, ADL number 105964, generally described as tideland and submerged land within a portion of Township 40 South, Range 65 East, Copper River Meridian known as Indian Cove, as shown on the map entitled Indian Cove Special Use Area, dated October 16, 2002, and adopted by reference,

(A) a permit is required for anchoring a mooring buoy or placing a float, dock, or boat haulout, for an anchoring or placement occurring after March 3, 1993; and

(B) floathouses and boathouses are prohibited;

(11) for Caribou Hills, ADL number 226574, described in the Kenai Area Plan as Units 45A, 45B, and 267 and portions of Units 260B and 266B, as shown on the map entitled Caribou Hills Special Use Area, dated October 16, 2002, and adopted by reference, generally allowed uses as listed in 11 AAC 96.020 are not subject to a special restriction;

(12) for the Alyeska Ski Resort, ADL number 226208, described as lands within subunit 4A of the Turnagain Arm Management Plan, also shown on Attachment A of state land lease ADL number 226089, as shown on the map entitled Alyeska Ski Resort Special Use Area, dated October 16, 2002, and adopted by reference, within the leased area designated the Alyeska Ski Resort Recreational Facility, generally allowed uses as listed in 11 AAC 96.020 may occur if they are compatible with lessee's operations and are in compliance with 11 AAC 20.956;

(13) for Thompson Pass, ADL number 226446, generally described as state land and state-selected land surrounding Thompson Pass and including Tonsina Glacier, Mount Billy Mitchell, Marshall Pass, Woodworth Glacier, and Keystone Canyon, within Townships 5 - 10 South, Ranges 1 East - 4 West, Copper River Meridian, as shown on the map entitled Thompson Pass Special Use Area, dated October 16, 2002, and adopted by reference, generally allowed uses as listed in 11 AAC 96.020 are not subject to a special restriction;

(14) for the Baranof Lake Trail, ADL number 106378, generally described as an area 30 feet on either side of the trail within Township 55 South, Range 66 East, Copper River Meridian, as shown on the map entitled Baranof Lake Trail Special Use Area, dated October 16, 2002, and adopted by reference, a permit is required for commercial recreational hiking on the trail system across state land;

(15) for the Kenai River Special Management Area Proposed Additions, ADL number 226527, generally described as state land, including shoreland and waters, within units as designated by the Kenai River Comprehensive Management Plan, Appendix G, Table 1, Units Affected by Special Use Designation ADL #226527, dated November 19, 1998 and adopted by reference, and as depicted on Map 1, Upper River Segment, dated December 1997 and adopted by reference, and Map 2, Kenai Lake, dated December 1997 and adopted by reference, a permit is required for any disturbance of land that involves clearing trees, brush, or other vegetation;

(16) for Glacier/Winner Creek, ADL number 227203, generally described as those lands designated in the Turnagain Arm Management Plan as subunit 3-A, as shown on the map entitled Glacier/Winner Creek Special Use Area, dated October 16, 2002, and adopted by reference, a permit is required for commercial snowcat operation; only one commercial snowcat operation will be allowed at any one time;

(17) for Lower Talarik Creek, ADL number 227445, generally described as the area surrounding the upper portion of the creek within Township 6 South, Range 37 West, Seward Meridian, as shown on the map entitled Lower Talarik Creek Special Use Area, dated October 16, 2002, and adopted by reference,

(A) between August 1 and October 31, setting up and using a camp for personal, noncommercial use is allowed without a permit only in a designated area adjacent to the Department of Fish and Game cabin located in Section 26 and for no more than five consecutive days; and

(B) between August 1 and October 31, commercial recreation activities are limited to day use only, if registration has been completed under 11 AAC 96.018;

(18) for the Kenai Fjords Coastline, ADL number 227836, generally described as tideland and submerged land in and adjacent to Kenai Fjords National Park, Kachemak Bay State Park, and Kachemak Bay State Park and Wilderness, and the islands in the Alaska Maritime National Wildlife Refuge and depicted in the Kenai Area Plan, as shown on the map entitled Kenai Fjords Coastline Special Use Area, dated October 16, 2002, and adopted by reference, generally allowed uses as listed in 11 AAC 96.020 are not subject to a special restriction;

(19) for Resurrection Bay, ADL number 227837, generally described as the tideland and submerged land in Resurrection Bay and depicted in the Kenai Area Plan, as shown on the map entitled Resurrection Bay Special Use Area, dated October 16, 2002, and, adopted by reference, generally allowed uses as listed in 11 AAC 96.020 are not subject to a special restriction;

(20) for Exit Glacier Road, ADL number 227699, described in the Kenai Area Plan as Unit 359A, as shown on the map entitled Exit Glacier Road Special Use Area, dated October 16, 2002, and adopted by reference, setting up and using a camp is allowed as provided in 11 AAC 96.020(a) (4)(A), except that the period of use is limited to eight consecutive days; the department may close a site to camping if the site is subject to recurring problems, including camping for longer than the allowed period, abandoned trash and garbage, and unsanitary conditions;

(21) for the Lake Clark Coastline, ADL number 227835, generally described as tideland and submerged land in and adjacent to the Alaska Maritime National Wildlife Refuge and Lake Clark National Park and depicted in the Kenai Area plan, as shown on the map entitled Lake Clark Coastline Special Use Area, dated October 16, 2002, and adopted by reference, generally allowed uses as listed in 11 AAC 96.020 are not subject to a special restriction.

(22) for the Haines State Forest Resource Management Area, ADL number 106858, described as those lands designated by AS 41.15.305 , additionally designated as management units and subunits as shown in the Haines State Forest Management Plan , Maps 3-1 through 3-10, dated August 2002 and adopted by reference, within

(A) subunit 1c of Unit 1 as depicted on Map 3-2 (Kelsall River), subunit 2b of Unit 2 as depicted on Map 3-3 (East Chilkat River), all of Unit 3 as depicted on Map 3-4 (Klehini River), subunits 4a, 4b, and 4c of Unit 4 as depicted on Map 3-5 (Chilkat Lake), subunits 7a and 7b of Unit 7 as depicted on Map 3-8 (Haines Highway and Lower Chilkat River), subunits 8c and 8d of Unit 8 as depicted on Map 3-9 (Chilkoot Lake), and subunits 9a and 9c of Unit 9 as depicted on Map 3-10 (Ferebee River), a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for more than 40 individuals per day and more than 20 individuals per trip; however, for the following areas within subunits 7a, 8b, 8c, and 8d, the following requirements apply:

(i) within the area designated "NonMotorized Area," ADL number 106929, as depicted in the Haines State Forest Management Plan , on the map entitled Haines State Forest: Mt. Ripinski NonMotorized Area from Appendix B, dated August 2002 and adopted by reference, use of motorized vehicles is prohibited, except for search-and-rescue operations or for establishing communication systems or related operations, and within that area, except as provided in (ii) of this subparagraph, a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for more than 40 individuals per day and more than 20 individuals per trip;

(ii) within a 100-foot wide corridor measured 50 feet from each side of the centerline of the Mount Ripinski Trail, ADL number 106929, as depicted in the Haines State Forest Management Plan , on the map entitled Haines State Forest: Mt. Ripinski NonMotorized Area from Appendix B, dated August 2002 and adopted by reference, a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for 40 or fewer individuals per day and for 20 or fewer individuals per trip; an operator may not provide commercial recreation services for more than 40 individuals per day or more than 20 individuals per trip;

(B) subunit 4b of Unit 4 as depicted on Map 3-5 (Chilkat Lake) and subunit 8b of Unit 8 as depicted on Map 3-9 (Chilkoot Lake), ADL number 106929, the use of personal watercraft for commercial recreation or other commercial purposes is prohibited; in this subparagraph, "personal watercraft" has the meaning given in 11 AAC 20.990;

(C) subunit 1b of Unit 1 as depicted on Map 3-2 (Kelsall River),

(i) a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for 11 or fewer individuals per day; and

(ii) an operator may not provide commercial recreation services for more than 11 individuals per day;

(D) subunit 4d of Unit 4 as depicted on Map 3-5 (Chilkat Lake), subunit 6b of Unit 6 as depicted on Map 3-7 (Chilkat Inlet), and subunit 8a of Unit 8 as depicted on Map 3-9 (Chilkoot Lake), a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for 12 or more individuals per day;

(E) subunit 1a of Unit 1 as depicted on Map 3-2 (Kelsall River), subunit 2a of Unit 2 as depicted on Map 3-3 (East Chilkat River), all of Unit 5 as depicted on Map 3-6 (Takhin/Kicking Horse), subunit 6a of Unit 6 as depicted on Map 3-7 (Chilkat Inlet), and subunit 9b of Unit 9 as depicted on Map 3-10 (Ferebee River),

(i) a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for more than 11 and fewer than 41 individuals per day and for 20 or fewer individuals per trip; and

(ii) an operator may not provide commercial recreation services for more than 40 individuals per day or more than 20 individuals per trip; and

(F) subunit 8b of Unit 8 as depicted on Map 3-9 (Chilkoot Lake), a permit is required for any commercial recreation day-use activity;

(23) for the parcels within the Northern Southeast Area that are assigned ADL number 106859 and depicted on the maps set out in the Northern Southeast Area Plan, pages 3-33 (Haines Area, Upper Chilkat, KeIsall), 3-35 (Haines Area, Klehini/Tsirku), 3-37 (Haines Area, Chilkat River), 3-39 (Haines Area, Haines), and 3-197 (Baranof Island, Sitka), dated October 2002 and adopted by reference, within

(A) tidelands parcels HT-01 (Lutak Inlet), HT-09 (Flat Bay), HT-14 (Chilkat Inlet), HT-13 (Chilkat River Beaches) and upland parcels H-21 (Pyramid Island) and H-23 (Kochu Island),

(i) a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for 10 or fewer individuals per day;

(ii) an operator may not provide commercial recreation services for more than 10 individuals per day; and

(iii) commercial recreation activities using motorized vehicles are prohibited;

(B) that portion of tidelands parcel BT-22 (Kruzof Island) known as Shelikof Beach, the use of motorized vehicles is prohibited except for search-and-rescue operations; and

(C) upland parcel H-07 (Flower Mountain),

(i) a permit is required for commercial recreation day-use activities if the operator provides commercial recreation services for more than 10 and fewer than 41 individuals per day; and

(ii) an operator may not provide commercial recreation services for more than 40 individuals per day;

(24) for the Tangle Lakes Archaeological District Special Use Area, ADL number 228296, generally described as those lands lying north of the Denali Highway near Paxson, as shown on the map entitled Tangle Lakes Archaeological District Special Use Area , dated January 17, 2003 and adopted by reference, from

(A) May 18 through October 18, a permit is required for the use of motorized vehicles off designated trails as depicted on the Tangle Lakes Archaeological District Special Use Area map; and

(B) October 19 through May 17, a permit is required for the use of motorized vehicles off designated trails as depicted on the Tangle Lakes Archaeological District Special Use Area map; however, a permit is not required for the use of motorized vehicles as provided in 11 AAC 96.020(a) (1)(D) and (E) if snow cover or ground frost is sufficient to prevent damage to archaeological values; for purposes of this subparagraph,

(i) an average snow depth of one foot, and a minimum snow depth of six inches, will be considered sufficient snow cover; and

(ii) a minimum frost depth of six inches will be considered sufficient ground frost.

History: Eff. 12/7/2002, Register 164; am 1/11/2004, Register 169

Authority: AS 38.04.005

AS 38.04.015

AS 38.04.065

AS 38.04.070

AS 38.04.900

AS 38.05.020

AS 38.05.035

AS 38.05.128

AS 38.05.300

AS 38.05.850

The maps adopted by reference in 11 AAC 96.014 are available at the Department of Natural Resources, Public Information Center, 550 West 7th Avenue, Suite 1260, Robert B. Atwood Building, Anchorage, Alaska, at the Department of Natural Resources, Public Information Center, 3700 Airport Way, Fairbanks, Alaska, at the Department of Natural Resources, Land Information Office, 400 Willoughby Ave., 4th Floor, Juneau, Alaska, and on the department's Internet web site at www.dnr.state.ak.us/mlw/sua.