11 Alaska Admin. Code § 12.990

Current through May 31, 2024
Section 11 AAC 12.990 - Definitions

In this chapter,

(1) "aircraft" means a motorized device that is used or intended for flight or movement of people or goods in the air;
(2) "assembly" means the gathering or meeting of a group of people for a common purpose;
(3) "bicycle" means a vehicle, with a saddle or seat for the rider, propelled exclusively by human power upon which a person may ride, having one, two, or three wheels in contact with the ground;
(4) "boat" or "vessel"
(A) means a device that is used or designed to be used for the movement of people or goods in or on the water, whether manually or mechanically propelled;
(B) does not include personal flotation device or other float such as an inner tobe, air mattress, or surfboard;
(5) "camp" or "camping" means to use a vehicle, tent, or shelter, or to arrange bedding, or both, with the intent to stay overnight in a park;
(6) "campground" means an area, developed and maintained by the division, that contains one or more campsites;
(7) "campsite" means any space designated by the devision for camping within a campground;
(8) "certified bowhunter" means a hunter that has successfully completed a Department of Fish and Game approved bowhunter education course before hunting;
(9) "commercial activity" means the sale of, delivery of, or soliciting to provide, goods, wares, edibles, or services in exchange for valuable consideration through barter, trade, or other commercial means; a service offered in conjunction with another sale of goods, wares, edibles, or services, which service involves the use of state park land or water, is a commercial activity whether or not it is incidental to, advertised with, or specifically offered in the original sale; all guide, outfitter, and transportation services are commercial activities if any payment or valuable consideration through barter, trade, cash, or other commercial means is required, expected, or received beyond the normal and customary equally shared costs for food and fuel for any portion of the stay in the park;
(10) "commercial fishing" has the meaning given in AS 16.05.940;
(11) "developed facility"
(A) includes a building, boat ramp, campground, picnic area, rest area, visitor information center, swim beach, trailhead, parking area, and developed ski area;
(B) does not include trails or latrines more than one quarter mile from a road;
(12) "director" means the director of the division, or the director's authorized agent;
(13) "division" means the Division of Parks and Outdoor Recreation, Department of Natural Resources;
(14) "drainage" means the area drained by a river system;
(15) "electric bicycle" means a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts that meets the requirements of one of the following three classes:
(A) "class-1 electric bicycle" means an electric bicycle equipped with a motor of less than 500 watts that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour;
(B) "class-2 electric bicycle" means an electric bicycle equipped with a motor that may be used to propel the bicycle regardless of whethers the rides is pedaling, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour;
(C) "class-3 electric bicycle" means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour;
(16) "explosive"
(A) means a chemical compound, mixture, or device, including dynamite, blasting powder, nitroglycerin, blasting caps, or nitrojelly, that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat;
(B) does not include salable fireworks within the meaning given in AS 18.72.100;
(17) "fat-tire bicycle" means a bicycle equipped with tires at least three inches wide with a tire pressure of less than 15 pounds per square inch (PSI);
(18) "fat-tire electric bicycle" means an electric bicycle that meets the requirements of a fat-tire bicycle; fat tire electric bicycles have the same classes as an electric bicycle under this subsection;
(19) "firearm" includes a pistol, rifle, shotgun, revolver, mechanical, gas, or air-operated gun;
(20) "firework" means an explosive device or combustible material used to produce lights, smoke, or noise for entertainment;
(21) "ground pressure" means the total pressure exerted by all surfaces of a vehicle upon the ground, and is calculated by dividing the gross vehicle weight by the total area of all surfaces that are normally in direct contact with the ground while the vehicle is in motion;
(22) "guide services" include
(A) operating a vehicle to provide transportation for any recreational activity, including hunting, fishing, hiking, skiing, mountaineering, photography, rafting, kayaking, canoeing, and flying;
(B) supplying equipment and personal instruction for its use while in a park;
(C) baiting hooks, netting or cleaning fish, or assisting with rod-and-reel operation;
(D) providing the services of a professional sport fishing guide;
(E) cooking meals while in transit;
(F) assisting in the taking of wildlife;
(G) providing professional guide services;
(H) leading;
(I) teaching;
(J) training;
(K) supervising;
(L) protecting; or
(M) choosing routes, paths, and recreation use methods;
(23) "natural resources" means any plants, trees, minerals, water, or land of a state park unit that offer habitat, scenic, aesthetic, or economic value, and that are managed by the division;
(24) "off-road vehicle" means a motorized vehicle, not including snowmobiles, that
(A) is designed or adapted for cross-country operation over irregular terrain;
(B) consists of more than one drive wheel or track;
(C) has a gross vehicle weight less than 1,500 pounds or that exerts less than eight pounds per square inch (PSI) ground pressure; and
(D) is 64 inches wide or less;
(25) "park officer" means a peace officer authorized by the commissioner under AS 41.21.955(a), whose duties include responsibility for management, protection, and maintenance of a state park or state park facilities and enforcement of state laws and regulations;
(26) "permit" has the meaning given in 11 AAC 18.990;
(27) "professional guide services" means guide services offered or supplied by any person to another person with the intent of receiving valuable consideration through barter, trade, or other commercial means, by accompanying and directing that person's activities for any portion of a trip or activity in a state park;
(28) "service dog" means a dog specifically trained to aid persons with disabilities;
(29) "snowmobile" means a self-propelled vehicle that
(A) is primarily designed or altered for travel on snow or ice;
(B) has a curb weight of not more than 1,500 pounds;
(C) is not more than 72 inches wide; and
(D) is supported in part by skis, belts, or cleats;
(30) "sport fishing guide" means a person who provides guide services to another person in pursuit of catching or taking fish, or the experience associated with attempting to catch or take fish;
(31) "state park" means any land or water managed by the division;
(32) "state park unit" means an individual or group of facilities, structures, or natural resources and lands that are managed by the division;
(33) "stationary gear"
(A) means all fishing gear left in park waters in contact with tideland, submerged land, or upland for more than 24 hours at a time;
(B) does not include legal fishing pots;
(34) "structure"
(A) means something constructed or built in, or transported to, a state park unit, including a dock, cabin, floatcamp, building, shanty, or facility used for residential or commercial purposes;
(B) does not include a vessel with overnight berthing whose primary use is not as a domicile, but for commercial or sport fishing, general recreational boating, or transportation;
(35) "traffic control device" means any physical barrier, including a boulder, ditch, berm, railing, fence, post, gate, sign, or other indicator used by division or divisions contractor to designate a traffic pattern or road use restriction;
(36) "vehicle"
(A) means any device for carrying persons or objects over land, over water, or through the air, including automobiles, motorcycles, snowmobiles, bicycles, electric bicycles, fat-tire bicycles, fat-tire electric bicycles, off-road vehicles, motorized boats, and aircraft;
(B) does not include non-motorized boats, canoes, kayaks, rafts, sailboards, hang gliders, gliders, or parasails;
(37) "weapon" includes a bow and arrow, slingshot, crossbow, or firearm.

11 AAC 12.990

Eff. 5/5/2022, Register 242, July 2022

Definitions applicable to 11 AAC 12 were relocated from 11 AAC 12.340 to 11 AAC 12.990. The history note for 11 AAC 12.990 does not reflect the history of the earlier provision.

Authority:AS 41.21.020

AS 41.21.022

AS 41.21.040

AS 41.21.112

AS 41.21.123

AS 41.21.132

AS 41.21.140

AS 41.21.150

AS 41.21.153

AS 41.21.162

AS 41.21.165

AS 41.21.167

AS 41.21.174

AS 41.21.176

AS 41.21.180

AS 41.21.183

AS 41.21.185

AS 41.21.187

AS 41.21.188

AS 41.21.190

AS 41.21.193

AS 41.21.300

AS 41.21.306

AS 41.21.410

AS 41.21.420

AS 41.21.430

AS 41.21.440

AS 41.21.450

AS 41.21.460

AS 41.21.466

AS 41.21.470

AS 41.21.475

AS 41.21.490

AS 41.21.491

AS 41.21.492

AS 41.21.494

AS 41.21.502

AS 41.21.504

AS 41.21.514

AS 41.21.856

AS 41.21.950

AS 41.21.990