Blinds on the Refuge Issue, from D of G
Sorry I had difficulty with my cut and paste function, there are two other notice's regarding other refuges that are same wording, let me know if you want to see them. Bud
General Public:Re: Palmer Hay Flats State Game Refuge -
Blind and Tree Stand Installation
The Alaska Department of Fish and Game, Division of Habitat has determined that both the public interest andthe proper protection of fish and wildlife and their habitat would be served by the authorization of blind and treestand installation within the Palmer Hay Flats State Game Refuge (PHFSGR). Pursuant to 5 AAC 95.770, theDivision of Habitat hereby authorizes the installation of portable blinds and tree stands on state lands in thePHFSGR for a period of up to 14 consecutive days as established herein.The PHFSGR was established in 1975 pursuant to AS 16.20.032 to protect and preserve the area’s natural habitatand game populations. Alaska State statutes and the PHFSGR Management Plan authorize multiple land useactivities on the refuge if the activity provides proper protection of fish and game. The installation of temporary,portable blinds and tree stands is not expected to adversely impact important habitat values, fish and wildlifepopulations, or public recreation, provided all activities are conducted in strict accordance with the conditions andstipulations contained herein.In accordance with 5 AAC 95, the Division of Habitat hereby approves the installation of portable blinds and treestands within the PHFSGR subject to the following stipulations:
1. Prior to the end of the 14th day after set-up, blinds, tree stands, and all associated materials and personalproperty shall be removed from the refuge for at least three days (72 hours), or the blind or tree stand andall associated materials must be moved a minimum of two (2) miles from the previous site.
2. Blinds, tree stands, and access ladders must be portable and shall not be affixed to trees using nails,spikes, screws, bolts, or otherwise attached in such a way as to cause damage to trees. Tree spikes shallnot be used for access to tree stands.
3. Blinds and/or tree stands left unattended must be clearly labeled with the owner’s hunting license numberand date of installation. If the blind or tree stand is for non-hunting purposes, it should be clearly labeledwith the owners name, phone number, and date of installation.
4. There shall be no cutting of any standing woody vegetation to facilitate installation or to improve the viewfrom the tree stand or blind.
5. Styrofoam shall not be used in blind or stand construction.
6. There shall be no interference with public use of state lands and waters in the PHFSGR.
Advisory: Temporary natural blinds made from onsite materials such as logs, branches, and grass do not require apermit provided no commercially produced construction materials (e.g., lumber, plywood, fencing, nails, screws,or netting) are used. Temporary natural blinds must be dismantled by the end of hunting season annually and areopen to public use. No live or standing woody vegetation may be cut to facilitate the construction of temporary H 15-IV-GP23-SA - 2 - February 26, 2015natural blinds. Blind and tree stand installation other than specifically described herein requires an individualSpecial Area Permit from the Division of Habitat.Be reminded that, pursuant to 5 AAC 95.420, any activity within the PHFSGR that is likely to have a significanteffect on vegetation, drainage, water quality, soil stability, fish, wildlife, or their habitats, including the constructionof structures or the clearing of vegetation, is specifically not allowed without individual authorization from theDivision of Habitat.The permittee, or the legal guardian of minor dependents, are responsible for the actions of contractors, agents, orother persons who participate in the approved activity. For any activity that significantly deviates from theapproved activity, the permittee shall notify the Division of Habitat at the above letterhead address and obtainwritten approval in the form of an individual Special Area Permit before beginning the activity. Any action takenby the permittee or an agent of the permittee that increases the overall scope of the permitted activity or thatnegates, alters, or minimizes the intent or effectiveness of any stipulation contained in this General Permit will bedeemed a significant deviation from the approved activity. The final determination as to the significance of anydeviation and the need for an individual permit is the responsibility of the Division of Habitat. Therefore, it isrecommended that the Division of Habitat be consulted immediately when a deviation from the approved plan isbeing considered.This letter constitutes a General Permit issued under the authority of 5 AAC 95. Please be advised that thisapproval does not relieve the permittee of the responsibility for securing other all other applicable state, federal, orlocal permits.The permittee shall mitigate any adverse effect upon fish or wildlife, their habitat, or any restriction orinterference with public use, which the commissioner determines may be expected to result from, or whichactually results from, the permittee's activity, or which was a direct result of the permittee's failure to: 1) complywith a permit condition or a provision of 5 AAC 95; or 2) correct a condition or change a method foreseeablydetrimental to fish and wildlife, or their habitat.The recipient of this permit (the permittee) shall indemnify, save harmless, and defend the Division of Habitat, itsagents, and its employees from any and all claims, actions, or liabilities for injuries or damages sustained by anyperson or property arising directly or indirectly from permitted activities or the permittee's performance under thisGeneral Permit. However, this provision has no effect if, and only if, the sole proximate cause of the injury is theDivision of Habitat’s negligence.An interested person may initiate an appeal of a decision made under this chapter in accordance with theprovisions of AS 44.62.330 - 44.62.630 by requesting a hearing under AS 44.62.370.
Sincerely,Sam Cotten, CommissionerBy: Michael L. Bethe, Habitat BiologistDivision of Habitat(907) 861-3200
I usually make my temporary blinds with a willow branch or two( or three). I've been doing this for years. Looks like I might be in violation of the law this year? 😜