Title 5. Fish and Game.
Chapter 95. Fish and Game Habitat.
Article 3. Prohibited Activities.
5 AAC 95 is amended by adding a new section to read:
5 AAC 95.320. Restrictions on use of wheeled and tracked vehicles. (a) A person may not operate a wheeled or tracked vehicle or cause material damage on that portion of a bed or bank, up to the ordinary high water mark, of a river, stream, or lake specified in 5 AAC 95.011, as waters important for the spawning, rearing, or migration of anadromous fish without a
(b) For the purposes of this section, the "portion of a bed or bank up to the ordinary high
(1) the non-tidal portion of a river, lake or stream; the portion of a bed or bank up to which the presence and action of the non-tidal water is so common and usual, and so long continued in all ordinary years, as to leave a natural line or "mark" impressed on the bank or shore as indicated by erosion, shelving, changes in soil characteristics, destruction of terrestrial vegetation, or other distinctive physical characteristics;
(2) in a braided river, lake or stream, the area delimited by the natural line or "mark" as defined in (b)(1), impressed on the bank or shore of the outside margin of the most distant channels; and
(3) in the tidally influenced portion of a river, lake, or stream, the portion of the bed or bank below the ordinary high water mark or mean high water elevation, whichever is higher at the project site. (Eff. _____/_____/2010; Register _______)
You may comment on the proposed regulation changes, including the potential costs to private persons by complying with the proposed changes, by submitting written comments to Kerri Tonkin, Regulations Program Coordinator at the Alaska Department of Fish and Game, 1255 W. 8th Street (physical address) or P.O. Box 115526, Juneau, AK 99811-5526 (mailing address) or by email to email@example.com . The comments must be received no later than 5:00 PM on October 15, 2010.