11 Alaska Admin. Code § 96.035

Current through September 25, 2024
Section 11 AAC 96.035 - Commercial harvest of non-timber forest products
(a) The department may, upon receipt of the fees required under 11 AAC 05.150(b)(1) and (b)(2), issue a limited non-timber forest product commercial harvest permit without public notice.
(b) Repealed 12/27/2012.
(c) A limited non-timber forest product commercial harvest permit is subject to the following terms and conditions:
(1) the permit is revocable, non-exclusive, and valid for 12 consecutive months from the date of issuance; the department will not grant an extension of time under this subsection;
(2) an applicant must make payment in full of all fees required under 11 AAC 05.150(b)(2) before receipt of a limited non-timber forest product commercial harvest permit under this subsection; the filing fee required under 11 AAC 05.150(b)(1) will be applied to satisfy all or a portion of the cumulative fees required under this section;
(3) a holder of a limited non-timber forest product commercial harvest permit shall submit an end-of-season harvest report on a form provided by the department; the department may base future issuance of permits to the same applicant on the accurate and complete reporting of previous non-timber forest product commercial harvest activities;
(4) all harvest must occur at least 50 yards from any established road, trail, campsite, or other publicly used area;
(5) harvest must occur in areas that do not show any indication of having been harvested previously for the same product and in which the sought-after product is found in sufficient abundance to not suffer population damage from selected harvest;
(6) in the permit, the department will prohibit the direct or incidental harvest, destruction, or removal of an endangered, sensitive, or rare plant species as listed in the University of Alaska Anchorage, Alaska Natural Heritage Program's Rare Vascular Plant Tracking List, as revised as of April 19, 2007, and adopted by reference;
(7) in the permit, the department will require compliance with all applicable federal and state law;
(8) in the permit, the department will prohibit the discharge of any fuel or petroleum lubricant onto soil, vegetation, or water, even if motorized equipment is allowed for the harvest of a product.
(d) Non-timber forest products permitted under this section shall be harvested according to the standards set by, and not in excess of the amounts set out in, the department's Alaska Non-Timber Forest Products Harvest Manual, dated April 2, 2008 and adopted by reference.
(e) The department may cease the issuance of permits for any species or area due to management concerns or any other reason.

11 AAC 96.035

Eff. 8/31/2008, Register 187; am 12/27/2012, Register 204; am 7/1/2018,Register 227, October 2018

A copy of the Alaska Non-Timber Forest Products Harvest Manual, adopted by reference in 11 AAC 96.035, is available for inspection at the Public Information Centers of the Department of Natural Resources located in Fairbanks or Anchorage, or at the Southeast Region office located in Juneau. The Alaska Non-Timber Forest Products Harvest Manual also may be viewed through the Department of Natural Resources, Division of Mining, Land and Water's website at http://dnr.alaska.gov/mlw/ntfp/pdf/soa_ntfp_harvestmanual_0402208.pdf. Paper copies may be requested from the Department of Natural Resources, Public Information Center, 550 W. 7th Avenue, Suite 1260, Robert B. Atwood Building, Anchorage, AK 99501.

A copy of the Rare Vascular Plant Tracking List, adopted by reference in 11 AAC 96.035, is available for inspection at the Public Information Centers of the Department of Natural Resources located in Fairbanks or Anchorage, or at the Southeast Region office located in Juneau. Paper copies may be requested from the University of Alaska Anchorage, Alaska Natural Heritage Program, 707 A St., Anchorage, AK 99501, telephone: (907) 257-2780. The Rare Vascular Plant Tracking List also may be viewed through the University of Alaska Anchorage, Alaska Natural Heritage Program website at http://aknhp.uaa.alaska.edu/botany/Botany_tracking_page.htm

Authority:AS 38.05.020

AS 38.05.035

AS 38.05.850