Sec. 41.23.260. Incompatible uses.

279 words·~1 min read·/ak/title-41/chapter-23/41-23-260

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 uses determined to be incompatible with the purposes of the Kodiak Narrow Cape Public Use Area under AS 41.23.240

(1)and

(2)within the state-owned land and water described in AS 41.23.270 .

(b)Consistent with AS 41.23.240 — 41.23.270, the Department of Fish and Game may engage in rehabilitation, enhancement, and development of fish and wildlife habitat within the area described in AS 41.23.270 .

(c)The commissioner may not restrict fishing, hunting, or trapping rights allowed under a regulation of the Board of Fisheries or the Board of Game within the Kodiak Narrow Cape Public Use Area.

(d)The commissioner shall allow access to the Kodiak Narrow Cape Public Use Area by motorized or nonmotorized means of transportation to private land, to interests in private land, and for hunting, fishing, trapping, mining, and recreational purposes in a manner that is compatible with purposes specified in AS 41.23.240

(1)and (2). Existing trails remain open to public use.

(e)The Department of Public Safety and the Department of Fish and Game may 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 Kodiak Narrow Cape Public Use Area, the commissioner shall state in the management plan adopted or revised under AS 41.23.250

(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.