5 Alaska Admin. Code § 95.642

Current through October 17, 2024
Section 5 AAC 95.642 - Willow Mountain Critical Habitat Area Management Plan
(a) The following conditions apply to activities in the Willow Mountain Critical Habitat Area:
(1)off-road use of wheeled, tracked, or other ground-effect motorized vehicles; the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle is prohibited within the critical habitat area, except that
(A) a general permit may be issued under 5 AAC 95.770 for
(i) the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle on designated trails in the critical habitat area; or
(ii) off-road vehicle use throughout the critical habitat area when there is sufficient snow cover and ground frost to prevent the penetration of or disturbance to the soil surface or plant roots, as indicated in the general permit; and
(B) the commissioner may issue an individual special area permit, on a case-by-case basis, for the off-trail use of a wheeled, tracked, or other ground-effect motorized vehicle within the critical habitat area in association with an authorized habitat enhancement or trail improvement activity;
(2)aircraft access; a person must obtain a special area permit before landing an aircraft in the critical habitat area, except that ski-mounted, fixed-wing aircraft may land and takeoff in the critical habitat area without a permit when sufficient snow cover is present;
(3)structures; the following restrictions apply to the placement and construction of structures in the critical habitat area:
(A) permanent commercial or private structures, including cabins, are prohibited;
(B) a person may not construct or place a temporary structure, including a bear bait station, tree stand, tent platform or other hardened structure, without first obtaining a special area permit;
(4)camping; the following restrictions apply to camping activities within the critical habitat area:
(A) a person may not engage in non-commercial camping on state land within the critical habitat area for more than 14 consecutive days at one location, or at a location within a two-mile radius of the original location, unless authorized by a special area permit issued before the camping activity begins;
(B) a person may not place, deposit, or leave any solid waste, including garbage and litter; all waste must be removed at the time the camping activity ends;
(C) a person must store all food and garbage in a manner that does not attract bears or other wildlife;
(D) a person must remove all camping equipment and associated materials at the time the camping activity ends;
(E) a person may not cut a live, standing tree for a campfire or other camping purpose;
(F) a person may not provide commercial camping services unless authorized by a special area permit issued before providing the services;
(G) a campsite must be marked with the responsible party's mil name and date of arrival, if people are not present in the campsite;
(5)mining; a person must obtain a special area permit before conducting any mining activity, except that gold panning and other non-mechanized, minimally invasive mining activities are generally allowed in;
(6)fuel storage and hazardous substances; the following restrictions apply to fuel storage and the handling of hazardous substances within the critical habitat area:
(A) a person may not release or dispose of a hazardous substance as defined in AS 46.09.900, or petroleum-based fuel;
(B) a person may not store fuel unless authorized by a special area permit issued before the activity begins; this prohibition does not apply to
(i) fuel contained in fuel tanks in vehicles or aircraft;
(ii) 10 gallons or less of fuel properly contained in an occupied camp;
(iii) 10 gallons or less of fuel stored in appropriate containers in an authorized off-road vehicle or trailer;
(C) a person may not store a hazardous substance as defined in AS 46.09.900.
(b) In this section,
(1) "designated trail" means a trail identified on a map included in a special area permit or identified by department trail markers in the Willow Mountain Critical Habitat Area;
(2) "commercial camping services" means any activity that is associated with the provision of assistance for compensation, or with the intent to receive compensation, to a person who camps in the critical habitat area;
(3) "off-road vehicle" means a wheeled, tracked, or other ground effect motorized vehicles, including
(A) an all-terrain vehicle, including a
(i) four wheeler;
(ii) dirt bike;
(iii) dune buggy; or
(iv) side-by-side;
(B) a full sized vehicle, including a truck or jeep;
(C) a utility vehicle with wheels, tracks, or a combination of both; or
(D) wheeled aircraft;
(4) "solid waste" means garbage, refuse, or abandoned or otherwise discarded solid or semi-solid materials, regardless of source or level of decomposition.

5 AAC 95.642

Eff. 9/8/2023, Register 247, October 2023

Authority:AS 16.05.020

AS 16.05.050

AS 16.20.500

AS 16.20.520

AS 16.20.530

AS 16.20.620