Section 11 AAC 96.016 - Designated public use areas(a) This section addresses management of sites and areas of state land, or interests in land, that have been designated under AS 41.23 as public use areas. Unless otherwise provided in (b) of this section, special requirements applicable to designated public use areas are in addition to requirements applicable to state land under AS 38, AS 41.23, and this title.(b) Within areas designated under AS 41.23 as public use areas, (1) a permit or other written authorization is required for an activity listed in 11 AAC 96.010;(2) commercial recreation uses and activities involving generally allowed uses under 11 AAC 96.020 are subject to registration under 11 AAC 96.018;(3) unless otherwise prohibited in (c) of this section, the land uses and activities listed in 11 AAC 96.020, alone or in combination, are generally allowed uses without any permit or other written authorization from the department, except that a land use or activity for a commercial recreation purpose requires prior registration under 11 AAC 96.018; and(4) a person may not engage in the commercial harvest of non-timber forest products without a permit under 11 AAC 96.035.(5) a permit or other written authorization is required for the use or occupancy of the Kenny and Patti Barber Shooting Range, as depicted on the map entitled Kenny and Patti Barber Shooting Range, dated May 18, 2016, and adopted by reference; within the Kenny and Patti Barber Shooting Range(A) the rules and conditions for use of the shooting range include the rules for the protection and safety of the general public and to further the purposes for which the shooting range was established, which are specified in 11 AAC 96.016(c)(20) and shall be conspicuously posted at the shooting range and upon the division of mining, land and water's public webpage on the department's website;(B) the department may deny a permit or revoke a person's permit to use, occupy, or access the shooting range upon failure to comply with rules or conditions for use; the rules and conditions for use that are posted at the shooting range and on the division of mining, land and water's public webpage may include restrictions on firearm use or ammunition type, magazine capacity, and other conditions as the department considers advisable;(C) the use of the shooting range for commercial purposes or by organized group in excess of 50 individuals requires a commercial use permit under 11 AAC 96.010;(D) the department may restrict permits for the commercial use of the shooting range if the department finds that (i) there is a need to limit the number or use of commercial use permits to protect public use of the shooting area, or to protect shooting area resources;(ii) there is a need to prevent one business or person from monopolizing commercial activities within the shooting range or portion of the shooting range;(iii) without limitation of the number of permits or use oft he shooting range there would likely be a degradation of quality of the recreational experience in the shooting range; or(iv) the demand for the commercial use of the shooting range exceeds the capacity of the shooting range;(E) the term of a commercial use permit issued under this paragraph may not exceed 30 consecutive days, and is revocable at will by the department; the department may limit the number of competitive commercial use permits a person may hold; a permit may not be assigned without the written consent of the department;(F) the department may restrict personal use permits for the use of the shooting range if the department finds that (i) there is a need to limit the number or use of permits to protect public use of the shooting area, or to protect shooting area resources;(ii) there is a need to prevent one business or person from monopolizing activities within the shooting range or portion of the shooting range;(iii) without limitation of the number of permits or use of the shooting range there would likely be a degradation of quality of the recreational experience in the shooting range; or(iv) the demand for the use of the shooting range exceeds the capacity of the shooting range; and(G) the term of a personal use permit issued under this paragraph may not exceed the calendar year, and is revocable at will by the department; the department may limit the number of personal use or occupancy permits a person may hold; a permit may not be assigned without the written consent of the department.(c) Within the Knik River public use area as described in AS 41.23.230, (1) a person may not leave a vehicle unattended for more than 72 hours without prior written authorization from the department;(2) a person may not transport a non-functional vehicle into the area without prior written authorization from the department;(3) without prior written authorization from the department, a person may not (A) operate a vehicle in excess of 10, 000 pounds curb weight for private or commercial activity;(B) operate a vehicle in excess of 1,500 pounds curb weight on the Rippy Trail, as depicted on the map entitled Rippy Trail, dated November 30, 2015 and adopted by reference; or(C) operate a motor vehicle on the Jim Lake Overlook Trail, as depicted on the map entitled Jim Lake Overlook Trail, dated November 30, 2015, and adopted by reference;(4) except for on the bed of the Knik River located below ordinary high water marks of the Knik River as depicted on the maps entitled Knik River Public Use Area - High Use Area, Sheets 1 - 4, dated July 19, 2016, and adopted by reference, a person may not operate a vehicle in a manner that results in disturbance of wetlands or the organic mat to a depth greater than six inches without prior written authorization from the department; in this paragraph, (A) "organic mat" has the meaning given in 11 AAC 95.900;(B) "wetlands" means those environments characterized by rooted vegetation that is partially submerged either continuously or periodically by surface freshwater with less than 0.5 parts per thousand salt content and not exceeding three meters in depth;(5) a person may not have an open fire larger than three feet in diameter and two feet in height except on open and non-vegetated areas at least 100 feet from forested land without prior written authorization from the department; an open fire is subject to the requirements of 11 AAC 95.412 and 11 AAC 95.450;(6) a person may not burn or cause to burn a wooden pallet, a vehicle, a structure, household or commercial refuse, construction debris, or non-naturally occurring materials;(7) a person may not place, dump, or discard waste or refuse without prior written authorization from the department;(8) a person may not place, dump, discard, or release hazardous substances, including those contained within appliances, batteries, automotive fluids, and electronic devices; in this paragraph, "hazardous substance" has the meaning given in AS 46.03.826;(9) a person may not construct or maintain a structure other than a temporary structure authorized under this chapter, and may not abandon a structure without prior written authorization from the department;(10) a person may not cut, collect, or harvest a dead standing or live tree without prior written authorization from the department; in this paragraph, "tree" means a woody perennial plant with a single, well-defined stem, a definite crown shape, and a diameter at breast height of five inches or greater;(11) except as specified in (B) of this paragraph, a person may not (A) erect a camp, structure, or facility, whether occupied or unoccupied, for more than 14 consecutive days at one location for private personal use without prior written authorization from the department, and the entire camp, structure, or facility and all equipment must be moved at least two miles away at the end of the 14-day period; moving the use to another location at least two miles away starts a new 14-day period; a person may not relocate a camp, structure, or facility to a location within two miles of the initial location for at least 96 consecutive hours; or(B) erect a camp, structure, or facility, whether occupied or unoccupied, for more than seven consecutive days at one location for private personal use in designated public use sites, as depicted on the map entitled Knik River Public Use Area Public Use Sites, dated November 30, 2015, and adopted by reference, and the entire camp, structure, or facility and all equipment most be moved at least two miles away at the end of the seven-day period; moving the use to another location at least two miles away starts a new seven-day period; a person may not relocate a camp, structure, or facility to a location within two miles of the initial location for at least 96 consecutive hours;(12) a person may not, without prior written authorization from the department, discharge a firearm for purposes of target practice at a (A) target other than one made from wood, paper, clay, or like material; or(B) tree or other plant, whether live or dead, or at a target affixed to or placed on a tree or other plant;(13) a person may not discharge a firework without prior written authorization from the department;(14) a person may not discharge a firearm, except for the purposes of lawful bunting or trapping, on or within the following without prior written authorization from the department: (A) except for within the Kenny and Patti Barber Shooting Range, as depicted on the map entitled Kenny and Patti Barber Shooting Range, adopted by reference in (b)(5) of this section, within one-quarter mile of the Maud Road extension, Old Glenn Highway, Knik River Road, or the Rippy Trail) as depicted on the department's map entitled Recreational Shooting Restrictions within the KRPUA & Knik River SUA, dated June 30, 2008, and adopted by reference;(B) within one-quarter mile of the Knik Glacier Trail (RST 17) or the line of ordinary high water of the Knik River west of the north-south township line between Township 16 North, Range 3 East and Township 16 North, Range 4 East, Seward Meridian that corresponds to 148 degrees, 49 minutes, 8.59 seconds west longitude, as depicted on the map entitled Recreational Shooting Restrictions within the KRPUA & Knik River SUA, adopted by reference in (A) of this paragraph;(C) on the bed of the Knik River west of the north-south township line between Township 16 North, Range 3 East and Township 16 North, Range 4 East, Seward Meridian that corresponds to 148 degrees, 49 minutes, 8.59 seconds west longitude, as depicted on the map entitled Recreational Shooting Restrictions within the KRPUA & Knik River SUA, adopted by reference in (A) of this paragraph; in this subparagraph, "bed" means the area within the lines of ordinary high water on each side of the water body;(D) within one-quarter mile of a developed facility;(E) within one-quarter mile of designated public use sites, as depicted on the map entitled Knik River Public Use Area Public Use Sites, adopted by reference in (11)(B) of this subsection;(15) except for the purposes of lawful hunting, fishing, and trapping, a person may not repeatedly approach fish or wildlife in a manner that results in the animal altering its behavior;(16) a person may not construct, develop, improve, widen, brush, or otherwise create a road or trail without prior written authorization from the department; and(17) a person may not damage, deface, destroy, or remove public property, or property leased or rented by the department or local government.(18) from May 1 through September 30, without prior written authorization from the department, a person may not (A) engage in activities using motorized vehicles on the water of Manmade Lake; or (B) operate a vehicle on land at a speed greater than 10 miles per hour within 100 feet of the water of Manmade Lake;(19) from April 15 through August 9, without prior written authorization from the department, a person may not operate a motorized vehicle that utilizes a motor greater than 10 horsepower on the water of Jim Lake; and(20) a person may not use or occupy the Kenny and Patti Barber Shooting Range, as depicted on the map entitled Kenny and Patti Barber Shooting Range, adopted by reference in (b)(5) of this section, unless the person (A) complies with the permitting requirements of (b)(5) of this section; a person may not apply for a new permit or otherwise use or occupy the shooting range for 72-hour period following the revocation of a permit under (b)(5)(B) of this section;(B) pays the applicable foe required in 11 AAC 05.010, for the use or occupancy of the shooting range for personal or commercial purposes; and(C) complies with the following shooting range rules:(i) the person shall keep all firearms pointed in a safe direction;(ii) the person may not touch the trigger of a firearm unless ready to shoot;(iii) the person shall keep all unsecured firearms unloaded until ready to use;(iv) the person shall act in a safe and orderly manner;(v) the person shall use appropriate safety equipment including eye and ear protection;(vi) the person shall read and comply with all conditions for use posted at the shooting range;(vii) the person may engage in shooting only during open shooting times from 10:00 a.m. to 8:00 p.m. daily except the shooting range is closed to all shooting every Wednesday and may be closed to all shooting on other days or times designated by the department and conspicuously posted at the shooting range;(viii) the person may not use or be under the influence of alcohol, marijuana, or drugs that result in physical or mental conduct that is impaired, or result in the exhibition of those plain and easily observed or discovered outward manifestations of behavior commonly known to be produced by the consumption of alcoholic beverages, marijuana, or drugs that impair physical or mental conduct;(ix) the person may not use or occupy the shooting range if the department has revoked or suspended the person's access to the shooting range;(x) the person shall comply with shooting range rules conspicuously posted at the shooting range or upon the division of mining, land and water's public webpage on the department's website; and(xi) the person may not have an open bottle, can, or other receptacle containing an alcoholic beverage, as defined in AS 28.35.029(c), when within the shooting range.(d) Within the Knik River public use area as described in AS 41.23.230, a person who fails to obtain or comply with the terms, conditions, or limitations of a permit required under (b)(1), (4) or (5) of this section or registration required under (b)(2) of this section, or who engages in a use or activity prohibited under (c) of this section is subject to citation and penalty under AS 41.23.220. 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Eff. 11/9/2008, Register 188; am 12/27/2012, Register 204; am 10/8/2017, Register 224, January 2018; am 6/2/2019, Register 230, May 2019Authority:AS 38.04.200
AS 38.05.020
AS 38.05.035
AS 38.05.300
AS 38.05.850
AS 41.23.020
AS 41.23.030
AS 41.23.060
AS 41.23.070
AS 41.23.110
AS 41.23.120
AS 41.23.150
AS 41.23.160
AS 41.23.190
AS 41.23.200
AS 41.23.210
AS 41.23.220