Wolverine Creek Area Planning
Pertinent Statutes

Alaska Statutes and Regulations (Alaska Administrative Code) Pertinent to the Management of Wolverine Creek Cove in the Redoubt Bay Critical Habitat Area1

ALASKA STATUTES

Title 16 Fish and Game; Chapter 05 Fish and Game Code; Article 7 General Provisions.

Section 16.05.920. Prohibited conduct generally (wildlife “take” or harassment).
(a) Unless permitted by AS 16.05 - AS 16.40 or by regulation adopted under AS 16.05 - AS 16.40, a person may not take, possess, transport, sell, offer to sell, purchase, or offer to purchase fish, game, or marine aquatic plants, or any part of fish, game, or aquatic plants, or a nest or egg of fish or game.
   
  (b) A person may not knowingly disturb, injure, or destroy a notice, signboard, seal, tag, aircraft, boat, vessel, automobile, paraphernalia, equipment, building, or other improvement or property of the department used in the administration or enforcement of this title except AS 16.51 and AS 16.52, or a poster or notice to the public concerning the provisions of this title except AS 16.51 and AS 16.52, or a regulation adopted under this title except AS 16.51 and AS 16.52, or a marker indicating the boundary of an area closed to hunting, trapping, fishing, or other special use under this title except AS 16.51 and AS 16.52. A person may not knowingly destroy, remove, tamper with, or imitate a seal or tag issued or used by the department or attached under its authority to a skin, portion, or specimen of fish or game, or other article for the purpose of identification or authentication in accordance with this title except AS 16.51 and AS 16.52 or a regulation adopted under this title except AS 16.51 and AS 16.52.
   
Section 16.05.940. Definitions (excerpts).
In AS 16.05 - AS 16.40 (33) "take" means taking, pursuing, hunting, fishing, trapping, or in any manner disturbing, capturing, or killing or attempting to take, pursue, hunt, fish, trap, or in any manner capture or kill fish or game;

Title 16 Fish and Game; Chapter 20 Conservation and Protection of Alaskan Wildlife; Article 5 Fish and Game Critical Habitat Areas.

Section 16.20.500. Purpose (of Critical Habitat Areas).
The purpose of AS 16.20.500 - 16.20.690 is to protect and preserve habitat areas especially crucial to the perpetuation of fish and wildlife, and to restrict all other uses not compatible with that primary purpose.
   
Section 16.20.510. Regulations.
The Board of Fisheries and the Board of Game, where appropriate, shall adopt regulations they consider advisable for conservation and protection purposes governing the taking of fish and game in state fish and game critical habitat areas.
   
Section 16.20.625. Redoubt Bay Critical Habitat Area (Established).
(a) The state-owned land and water above mean lower low water contained in the following described parcels is designated as the Redoubt Bay Critical Habitat Area: (legal description of boundary omitted).
   
  (b) Notwithstanding AS 16.20.500 and the establishment of the Redoubt Bay Critical Habitat Area under (a) of this section, egress and ingress to and from private property within the Redoubt Bay Critical Habitat Area shall be permitted through access corridors established through agreement between the state and the private property owners involved.
   
  (c) The state may not acquire by eminent domain privately owned land within the Redoubt Bay Critical Habitat Area but may acquire privately owned land within the Redoubt Bay Critical Habitat Area by purchase, exchange, or otherwise for inclusion in the Redoubt Bay Critical Habitat Area.
   
  (d) The department shall permit entry within the Redoubt Bay Critical Habitat Area for the exploration and development of oil and gas resources when it is compatible with the purposes for which the critical habitat area is established. An oil and gas lease of state land and existing oil and gas pipeline rights-of-way within the critical habitat area are valid and continue in full force according to their terms. The commissioner shall permit inspection and maintenance activities necessary to ensure the integrity of oil and gas pipelines on existing leases and pipeline rights-of-way in a manner that is compatible with the purposes for which the Redoubt Bay Critical Habitat Area was established.
   
  (e) The department shall permit uses of the Redoubt Bay Critical Habitat Area in a manner that is compatible with the purposes for which the critical habitat area is established. The department shall permit the following public uses to continue without further approval by the department unless the department determines that the use is not compatible with the purposes for which the Redoubt Bay Critical Habitat Area is established:
(1) hunting, including subsistence hunting, trapping, and subsistence, commercial, and sport fishing, including the continued use of cabins for the purpose of hunting, trapping, and fishing;
(2) hiking, backpacking, and camping, including the use of campfires;
(3) cross-country skiing, snowmachining, boating, and the landing of aircraft; and
(4) other related uses that are temporary in duration and have no foreseeable adverse effects on vegetation, drainage, soil stability, or fish and game and their habitat.
   
  (f) The Kenai Peninsula Borough shall establish a citizens' advisory committee to work with the department and the Department of Natural Resources and advise on the development of policies and regulations that affect the Redoubt Bay Critical Habitat Area.
   
  (d) The department shall permit entry within the Redoubt Bay Critical Habitat Area for the exploration and development of oil and gas resources when it is compatible with the purposes for which the critical habitat area is established. An oil and gas lease of state land and existing oil and gas pipeline rights-of-way within the critical habitat area are valid and continue in full force according to their terms. The commissioner shall permit inspection and maintenance activities necessary to ensure the integrity of oil and gas pipelines on existing leases and pipeline rights-of-way in a manner that is compatible with the purposes for which the Redoubt Bay Critical Habitat Area was established.
   
  (g) Appointments to the citizens' advisory committee shall be made by the Kenai Peninsula Borough and shall include representatives from
(1) industry and commercial users including the oil and gas industry, timber, mining, and commercial fishing;
(2) hunters, trappers, fishermen, cabin owners, and recreational users; and
(3) officials representing the Kenai Peninsula Borough.

ALASKA ADMINISTRATIVE CODE

Title 5 Fish and Game; Part 2 Sport Fishing and Personal Use Fishery; Chapter 61 Susitna - West Cook Inlet Area.
Section 22. (5 AAC 61.022) Waters; seasons; bags possession, and size limits; and special provisions for the Susitna – West Cook Inlet area (excerpts).
(a) Except as otherwise provided in (b) of this section, the following are the seasons, and the bag, possession, and size limits for the West Cook drainages between Cape Douglas and the Susitna River, excluding the Susitna River drainage:
(2) salmon, other than king salmon,
(A) 16 inches or greater in length may be taken from January 1 - September 30; bag limit is three fish per day, and six in possession, of which no more than two per day and four in possession may be coho salmon;
(B) less than 16 inches in length may be taken from January 1 - December 31; bag and possession limit is 10 of each salmon species;
   
  (b) The following are localized additions and exceptions to seasons and the bag, possession, and size limits, and special provisions specified in (a) of this section for the West Cook Inlet drainages between Cape Douglas and the Susitna River, excluding the Susitna River drainage:
(2) in drainages between the West Foreland and Cape Douglas, the bag limit for salmon, other than king salmon, is three fish per day and six in possession, of which three per day and six in possession may be coho salmon; after taking a bag limit of coho salmon 16 inches or greater in length, a person may not sport fish for any species of finfish during that same day;
(3) in drainages from the West Foreland south to the latitude of the southern tip of Chisik Island at 60° 05.66' N. lat., from September 1 - May 15, in flowing waters, only unbaited, artificial lures may be used;
(13) Wolverine Creek, including Big River Lake within a 500-yard radius of the mouth of Wolverine Creek, from June 1 - July 31, is fly-fishing-only waters.
History: Eff. 2/25/98, Register 145; am 3/28/98, Register 145; am 3/21/99, Register 149; am 6/13/99, Register 150; am 5/18/2000, Register 154; am 3/11/2001, Register 157; am 6/22/2002, Register 162
Authority: AS 16.05.060 AS 16.05.251

Title 5 Fish and Game; Part 3 Game; Chapter 85 Hunting Seasons and Bag Limits; Article 2 Seasons and Bag Limits.
Section 15 (5 AAC 85.015). Hunting seasons and bag limits for black bear (excerpts).
(a) In this section, the phrase "General hunt only" means that there is a general hunt for residents, but no subsistence hunt, during the relevant open season. For those units or portions of units within non-subsistence areas established by the Joint Boards of Fisheries and Game (5 AAC 99.015), there is a general hunt only. Hunting seasons and bag limits for black bear are as follows:
Units 9, 11 - 13, 16, 18, 19(A), 19(B), 19(C), 19(D) downstream from and including the Selatna and Black River drainages, 20-24, 25(A), 25(B), 25(C), and 26:
3 bears,
Resident open season: No closed season (General hunt only),
Nonresident Open Season: No closed season.
History: Eff. 8/20/89, Register 111; am 8/9/90, Register 115; am 8/10/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 7/1/92, Register 122; am 5/13/93, Register 126; am 7/7/94, Register 131; am 8/25/94, Register 131; am 8/4/95, Register 135; am 7/1/2001, Register 158; add'l am 7/1/2001, Register 158; am 7/1/2002, Register 162
Authority: AS 16.05.255 AS 16.05.255
   
Section 20 (5 AAC 85.020). Hunting seasons and bag limits for brown bear (excerpts).
(a) In this section, the phrase "General hunt only" means that there is a general hunt for residents, but no subsistence hunt, during the relevant open season. For those units or portions of units within non-subsistence areas established by the Joint Boards of Fisheries and Game (5 AAC 99.015), there is a general hunt only. Hunting seasons and bag limits for brown bear are as follows:
Unit 16(B): 1 bear every regulatory year,
Resident open season (Subsistence and General Hunts): Aug. 10 - May 25,
Nonresi