Sec. 41.23.030. Incompatible uses.

262 words·~1 min read·/ak/title-41/chapter-23/41-23-030·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as provided in this section, the commissioner may prohibit or restrict incompatible uses under the management plan adopted under AS 41.23.020 within the state-owned land and water described in AS 41.23.040 .

(b)Nothing in AS 41.23.010 — 41.23.040 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 41.23.040 .

(c)The commissioner may not restrict lawful sport and subsistence fishing, hunting, or trapping rights allowed under a regulation of the Board of Fisheries or the Board of Game within the Nelchina Public Use Area.

(d)The commissioner shall allow traditional access to the Nelchina Public Use Area by motorized or nonmotorized means of transportation to private land, interests in private land, and for lawful sport and subsistence hunting, fishing, trapping, and recreational purposes in a manner that is compatible with purposes specified in AS 41.23.010

(1)— (4).

(e)The Department of Public Safety and the Department of Fish and Game shall have necessary access 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 Nelchina Public Use Area, the commissioner shall state in the management plan adopted or revised under AS 41.23.020

(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 each determination of incompatibility.