Alaska Stat. § 41.23.284

Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 41.23.284 - Incompatible uses
(a) Except as provided in this section, the commissioner may prohibit or restrict uses determined to be incompatible with the purposes of the Jonesville Public Use Area under AS 41.23.280 within the state-owned land and water described in AS 41.23.286.
(b) Nothing in AS 41.23.280 - 41.23.289 prohibits the Department of Fish and Game from engaging in rehabilitation, enhancement, and development of fish and wildlife habitat within an area described in AS 41.23.286 that is consistent with the purposes stated in AS 41.23.280.
(c) The commissioner may not restrict
(1) lawful fishing, hunting, or trapping rights allowed under a regulation of the Board of Fisheries or the Board of Game within the Jonesville Public Use Area;
(2) the use of weapons, including firearms, in the Jonesville Public Use Area, except in locations where the commissioner determines that the use of weapons constitutes a threat to public safety; or
(3) lawful mineral exploration and development activities within the Jonesville Public Use Area.
(d) The commissioner shall
(1) allow the Jonesville Public Use Area to be used for activities that
(A) are compatible with the reasons for establishing the public use area in AS 41.23.280; and
(B) include operating all-terrain vehicles on trails or in areas designated or constructed for their use, aircraft, and watercraft; snowmachining, horseback riding, hiking, bicycling, dog sledding, crosscountry skiing, skijoring, camping, hunting, fishing, trapping, wildlife viewing, photography, berry picking; and, where permitted, rifle and pistol ranges, parking of vehicles, and lawful mineral exploration and mining; and
(2) recognize the existing off-road motor vehicle trails and the access those trails provide within the Jonesville Public Use Area, make accommodations that will provide the shortest possible route to avoid critical habitat, conduct trail rehabilitation in a way that minimizes damage, maintain and enhance off-road motor vehicle options and opportunities in the Jonesville Public Use Area, and provide for responsible use of the public use area.
(e) The commissioner of public safety and the commissioner of fish and game shall have necessary access to the Jonesville Public Use Area for fish and game management, research, and enforcement purposes.
(f) If the commissioner determines that a use is incompatible with one or more other uses in a portion of the Jonesville Public Use Area, the commissioner shall state in the management plan adopted or revised under AS 41.23.282
(1) each determination of incompatibility;
(2) the specific area where the incompatibility is determined to exist;
(3) the time within which the incompatibility is determined to exist; and
(4) the reasons for the determination of incompatibility.

AS 41.23.284

Added by SLA 2018, ch. 14,sec. 1, eff. 9/15/2018.