(a) Except as provided in this section, the commissioner may prohibit or restrict incompatible uses under the management plan adopted under Alaska Stat. § 41.23.020 within the state-owned land and water described in Alaska Stat. § 41.23.040.
Terms Used In Alaska Statutes 41.23.030
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(b) Nothing in Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 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.
