1. (a) The following conditions apply to activities in the Izembek State Game Refuge (refuge):

2. (1) Off-road use of wheeled, tracked, or other ground-effect motorized vehicles: the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle is prohibited within the refuge, except that

   1. (A) a general permit may be issued under 5 AAC 95.770 for the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle of less than 1,000 pounds dry vehicle weight in unvegetated intertidal areas;

   2. (B) the commissioner may issue an individual special area permit, on a case-by-case basis, for the off-road use of a wheeled, tracked, or other ground-effect motorized vehicle within the refuge if the applicant shows that the use of the applicable vehicle is

      1. (i) consistent with the goals and policies of the management plan described in 5 AAC 95.550; and

      2. (ii) consistent with the purpose for which the refuge was established;

         1. (2) Motorized vessel use: a person must obtain a special area permit before operating a motorized vessel within Izembek Lagoon;

         2. (3) Personal watercraft, air-cushion vehicles, or airboats: the use of a personal watercraft, air-cushion vehicle, or airboat is prohibited within Izembelt Lagoon, except that the commissioner may issue an individual special area permit, on a case-by-case basis, for the use of a personal watercraft, air-cushion vehicle, or airboat for management or research purposes if the applicant shows that the use of the applicable vehicle is

            1. (A) a demonstrable need for which there is no feasible alternative;
            2. (B) consistent with the goals and policies of the management plan described in 5 AAC 95.550; and
            3. (C) consistent with the purpose for which the refuge was established;
         3. (4) Aircraft Access: a person must obtain a special area permit before landing a fixed-wing aircraft in Izembek Lagoon or a helicopter within the refuge;
         4. (5) Structures: a person may not construct a structure, including duck blinds, navigation aids, or other hardened structure, within the refuge unless authorized by a special area permit before the construction begins;
         5. (6) Mining: a person may not engage in mining activities within the refuge unless authorized by a special area permit before the mining activity begins;

         6. (7) Fuel Storage and hazardous substances: the following restrictions apply to fuel storage and the handling of hazardous substances within the refuge:

            1. (A) a person may not release or dispose of a hazardous substance as defined in AS 46.09.900, or petroleum-based fuel in the refuge;

            2. (B) a person may not store fuel in the refuge unless authorized by a special area permit issued before the activity begins; this prohibition does not apply to

               1. (i) fuel contained in fuel tanks on board vessels, vehicles, or aircraft;
               2. (ii) fuel actively used in a camp; and
               3. (iii) fuel contained within permitted structures.

3. (b) In this section, "personal watercraft" means a vessel that is

   1. (1) less than 16 feet in length;
   2. (2) propelled by a water jet pump or other machinery as its primary source of motor propulsion; and
   3. (3) designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than by a person sitting or standing inside it.

(Eff. 8/6/2010, Register 195; am 1/9/2021, Register 237)