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Thread: SOA Proposed changes to anadronous water crossings

  1. #1
    Member StockNStuck's Avatar
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    Default SOA Proposed changes to anadronous water crossings

    Title 5. Fish and Game.
    Chapter 95. Fish and Game Habitat.
    Article 3. Prohibited Activities.

    DRAFT

    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 _______)

    Authority:
    AS 16.05.020
    AS 16.05.871

    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 kerri.tonkin@alaska.gov . The comments must be received no later than 5:00 PM on October 15, 2010.
    Tell a man that there are 400 billion stars and he'll believe you. Tell him a bench has wet paint and he has to touch it. - Steven Wright

    http://www.alaskaatvclub.org

  2. #2
    Member StockNStuck's Avatar
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    Now in English:
    Basically the rules regarding crossings have been in effect for several years now. The whole intent of the modifications is to change the prescribed penalty from a Class A misdemeanor to make it a bailable offense so they can just write a ticket without requiring a court appearance. Effectively this has in the past made officers and prosecutors less likely to pursue enforcement for lesser offenders not flagrantly out misbehaving, but simply crossing without a permit as the penalty was thought excessive.
    Tell a man that there are 400 billion stars and he'll believe you. Tell him a bench has wet paint and he has to touch it. - Steven Wright

    http://www.alaskaatvclub.org

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    And for those of you who want to know if your favorite stream, creek, river, or otherwise flowing body of water is considered anadronous or "fish bearing" then you can take a look here.

    http://www.habitat.adfg.alaska.gov/gpvehstreamxings.php

    http://www.habitat.adfg.alaska.gov/streamcrossing.php


    If your favorite body of water is not listed then you can check here. http://gis.sf.adfg.state.ak.us/AWC_IMS/viewer.htm

    IMO, personal not professional, if you see on the mapping program that where you typically cross or are considering crossing shows spawning, rearing, or migration of anadronous fish then it might be prudent to call ADF&G and find out if there is a designated crossing. I have ran into this with the area that I hunt and the river that I'm interested in crossing does not have a publically listed crossing identified on the first link, but the mapping program shows that they have cataloged silvers spawning and rearing close to where I would consider crossing and therefore someone in ADF&G considers this river to be a anadronous body of water. I called that Habitat Biologist in charge of the area and he is looking into it. He said that it either does not have a designated crossing established yet, has an established crossing just not posted yet, or there isn't going to be a designated crossing near where I would like to cross, but in the last scenario he said that just means I would need to apply for a permit to cross. And then that request or permit will be granted or denied based on several factors like, time of year, vehicle type, etc.

    Many of us may just want to ask for forgiveness, pay the ticket rather than ask permission, but at least these links will inform you if you can even expect to be contacted for crossing.

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