5 AAC 92.065 - Permit for access to McNeil River State Game Sanctuary
(a) A permit is
required for access to McNeil River State Game Sanctuary, except that no permit
is required for access to McNeil Spit or other land or water below mean high
tide seaward of a line from an ADF&G regulatory marker on the north side of
the mouth of McNeil River to an ADF&G regulatory marker at the campground
on the eastern shore of McNeil Cove, or for access to other tidelands of the
sanctuary when open to commercial fishing by emergency order. The department
may issue a single nontransferable permit to each individual who pays the
application and permit fees and qualifies under the permit application
procedures established by the department in
5
AAC 93.030. The department may deny a permit described
in (b)(4) of this section if the applicant does not qualify under the criteria
established by the department under that paragraph.
(b) From June 7 through August 25, no more
than 35 percent of the total available viewing or standby permits may be
awarded to nonresidents and nonresident aliens, provided the number of
residents applying for viewing and standby permits is sufficient to use 65
percent of available permits. If the number of residents applying for viewing
and standby permits is insufficient to award 65 percent, the remainder may be
awarded to nonresidents or nonresident aliens. The department may limit the
number of persons allowed into the sanctuary for bear viewing purposes, to up
to 13 each day, and condition permits for access, as follows:
(1) the department may allow up to 15
permittees to overnight in a camping area designated in the permit; no
permittee may remain in a designated camping area for more than six
days;
(2) the department shall
establish four-day bear viewing periods, and may issue up to 10 bear viewing
permits for each four-day bear viewing period through an annual lottery
drawing; individuals holding such a permit will have access to a bear viewing
area each day of the four-day bear viewing period covered by the permit, and
may be in the sanctuary for a total of six days under the permit; after the
bear viewing period set by the permit has expired, the permittee shall remain
in the vicinity of the camping area designated in the permit until departing
the sanctuary;
(3) the department
may issue a standby permit by lottery drawing to a person not holding a bear
viewing permit issued under (2) of this subsection; a maximum of three standby
permits may be issued for any day; standby permit holders are guaranteed access
to the sanctuary for a four-day period, but will be able to visit a bear
viewing area only if there is a vacancy resulting from a bear viewing permit
holder not going to the bear viewing area; if fewer than 10 bear viewing permit
holders are available to visit a bear viewing area on a given day, the
department designee may fill any such vacancies with standby permit holders; a
standby permit holder not authorized under this paragraph to visit a bear
viewing area shall remain in the immediate vicinity of the camping area
designated in the permit, or the beach, as directed by department
staff;
(4) the department may
reserve up to 15 bear viewing permits for educational, scientific, or other
purposes consistent with
AS
16.20.162; a permit under this subsection may
be issued for longer than four days, but not more than three such permits may
be issued for any four-day time period; the commissioner may establish criteria
consistent with
AS
16.20.162 for issuing, denying, and revoking
permits issued under this paragraph;
(5) repealed 7/1/99;
(6) a person that is a successful applicant
is ineligible to obtain a permit for the following year.
(c) The department may issue an access permit
to a guide, air taxi operator, boat taxi operator, or lodge owner for access to
areas of the McNeil River Game Sanctuary designated open to access by the
department. An individual transported to the sanctuary by a guide, air taxi
operator, boat taxi operator, or lodge owner who has a permit under this
subsection is not required to obtain an access permit. A person issued a permit
under this subsection is subject to the conditions identified in the permit by
the department and shall submit an annual report to the department, on a form
provided by the department, by October 30 of the year in which the permit was
issued.
(d) A person entering the
sanctuary from June 7 through August 25 shall abide by the following rules, and
those conditions identified in the permit by the department, set to minimize
bear and human conflicts and to protect sanctuary resources; as provided in
AS
16.05.925, violation of these rules is a
class A misdemeanor and may be a basis for immediate expulsion from the
sanctuary:
(1) all activities not directly
supervised by a department representative must be confined to McNeil Spit, land
or water below mean high tide seaward of the line described in (a) of this
section, rivers designated in the permit, or a camping area designated in the
permit;
(2) camping is allowed only
in a camping area designated in the permit;
(3) all food storage and preparation must be
confined to the cooking building in a camping area designated in the permit, to
a vessel, or to another site or sites designated in the permit;
(4) all garbage and trash must be removed
from the sanctuary or placed in garbage cans provided by the
department;
(5) pets are not
allowed in the sanctuary;
(6) open
fires are restricted to the gravel beach below the mean high tide mark, or an
approved site;
(7) fish taken in
the McNeil Lagoon may be transported into a camping area, designated in the
permit, for immediate consumption only; all inedible remains of such fish shall
be disposed of below the low tide line.
(e) Upon request from a peace officer of the
state, a permittee shall present his or her permit and personal identification
for inspection.
(f) The department
may issue a sanctuary access permit for a purpose other than participating in
the sanctuary bear viewing program. A person issued a permit under this
subsection shall abide by the rules in (d) of this section and those conditions
identified in the permit by the department. The commissioner may establish
criteria consistent with
AS
16.20.162 for issuing, denying, and revoking
permits issued under this subsection.
Notes
Before 8/20/89, Register 111, the substance of 5 AAC 92.065 was contained in former 5 AAC 83.240. The history note for 5 AAC 92.065 includes the history of the provision before 8/20/89.
Authority:AS 16.05.255
AS 16.05.270
AS 16.05.925
AS 16.20.160
AS 16.20.162
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