Alaska State Park regulations regarding weapons use

Due to public safety and welfare concerns, it is Illegal to discharge a weapon in any State Park unit unless there is a regulation providing an exception, as stated below;

11 AAC 12.190. Firearms and other weapons - No person may use or discharge a weapon in a state park, except as otherwise provided in AS 41.21 or 11 AAC 20.

11 AAC 20.990. Definitions (4) "developed facility" includes a building, a boat ramp, campground, picnic area, rest area, visitor information center, swim beach, trailhead, parking area, and a developed ski area; (6) "firearm" includes a pistol, rifle, shotgun, revolver, or mechanical gas or air-operated gun; (13) "state park" means any land or water managed by the division of parks and outdoor recreation; (15) "weapon" includes a bow and arrow, slingshot, crossbow, and firearm;

The above states, it is Illegal to discharge a weapon in any State Park unit unless there is a regulation providing an exception. The general prevailing rule is no discharge is allowed, unless a regulation allows for an exclusion to 11 AAC 12.190 for legal hunting and trapping purposes.

The specific regulations for the Chilkat Bald Eagle Preserve (CBEP) are found in 11AAC Chapter 21, which were promulgated via the Alaska Procedures Act (APA) process and enacted in Feb 1988, which includes the use of weapons as stated below;

11 AAC 21.015. Use of weapons – (a) The use and discharge of weapons for the purpose of lawful hunting or trapping is allowed in the preserve, except within one-half mile of a developed facility. (b) Target shooting is allowed only in areas posted by the division for target shooting.

Alaska State Parks is not aware of the existence of any legally posted, authorized or designated target shooting area in the CBEP as allowed for by (b) above. However, the CBEP Management Plan and enabling legislation does state that target shooting was a pre-existing recreational activity in the area prior to the establishment of the Preserve, but does not include it as a traditional use.

11 AAC 21.290. Definitions (6) "developed facility" includes a boat ramp, campground, picnic area, rest area, visitor information center, swim beach, trailhead, building, parking area, and developed ski area; (11) "weapon" includes a bow and arrow, slingshot, crossbow, and firearm;

Listed below are all the statewide Alaska State Park discharge of weapons regulation in the three different categories; half-mile distance, quarter-mile distance and the rare regulations that incorporates both distances.

Half-Mile Exception Restriction

Sec. 41.21.022. Discharge of firearms. The discharge of firearms during lawful hunting, trapping, and fishing is permitted within the boundaries of: (1) Caines Head State Recreation Area; (2) Chena River State Recreation Area; (3) Chugach State Park; (4) Denali State Park; (5) Kachemak Bay State Park; (6) Kachemak Bay State Wilderness Park; (7) Marine Parks established in AS 41.21.300 — 41.21.306; (8) Quartz Lake State Recreation Area; and (9) Wood-Tikchik State Park, except that all or part of a state park, marine park, wildlife preserve, or recreation area may be closed to the discharge of firearms by regulations adopted by the department for purposes of public safety or, with the concurrence of the Board of Game, for limited areas of Chugach State Park for public display of local wildlife under AS 41.21.121.

11 AAC 20.010. Use of weapons - (a) Except as provided by (b) of this section, the use and discharge of a weapon for the purpose of lawful hunting or trapping is allowed in Chugach State Park, except within one-half mile of a developed facility or within one-half mile of the New Seward Highway between Mile 90 and Mile 115. (b) The use and discharge of a firearm is prohibited within the following drainages: (1) Eklutna River excluding the east fork of Eklutna River and Thunderbird Creek above Thunderbird Falls; (2) Eagle River and all tributary drainages downstream from the confluence of Icicle Creek and Eagle River located in Section 25, T13N, R1E, S.M.; (3) all forks of Campbell Creek; (4) Rabbit Creek; (5) McHugh Creek; and (6) Rainbow Creek.

11 AAC 20.250. Use of weapons - The use and discharge of a weapon for the purpose of lawful hunting or trapping is allowed in the Willow Creek State Recreation Area from September 1 to May 1 each year, except within one-half mile of a developed facility.

11 AAC 20.650. Use of weapons - The use and discharge of a weapon for the purpose of lawful hunting or trapping is allowed only in the northern portion of Chilkat State Park south and east of a straight line made between Battery Point and Cannery Point, except within one-half mile of a road or a developed facility, and in Point Bridget State Park, except within one-half mile of a road or a developed facility.

11 AAC 20.940. Use of weapons on the Chilkoot Trail - The use and discharge of a weapon for the purpose of lawful hunting or trapping is allowed on the Chilkoot Trail from October 1 to March 31 annually, except within one-half mile of a developed facility.

To eliminate excessive repetitiveness, the half-mile regulations for the park units listed below are identical as stated; - “The use and discharge of weapons for the purpose of lawful hunting or trapping is allowed in (insert park unit from list), except within one-half mile of a developed facility.”

11 AAC 20.100. Use of weapons - Kachemak Bay State Park 11 AAC 20.500. Use of weapons - Quartz Lake SRA 11 AAC 20.540. Use of weapons - Nancy Lake SRA 11 AAC 20.700. Use of weapons - Afognak Island SP 11 AAC 20.750. Use of weapons - Alaska Marine Parks 11 AAC 20.440. Use of weapons - Caines Head SRA 11 AAC 20.945. Use of weapons - Harding Lake SRA 11 AAC 20.955. Use of weapons - Eagle Trail SRS 11 AAC 20.980. Use of weapons – (1) Blair Lake SRA (2) Tokositna SRA (3) Fielding Lake SRA (4) Long Lake SRS (5) Tonsina Point SRA (6) Upper Kasilof River SRA

Quarter-Mile Exception Restriction

11 AAC 20.460. Use of weapons (a) The use and discharge of a weapon for the purpose of lawful hunting or trapping is allowed in the Chena River State Recreation Area except within one-quarter mile of (1) a developed campground, picnic area, or trailhead; (2) the Chena River and the North Fork public use cabins; (3) the 33 Mile Chena Hot Springs Road maintenance compound; and (4) the Twin Bears Camp. (b) Target shooting is allowed in areas developed and posted by the division for such use

11 AAC 20.770. Use of weapons - The use and discharge of a weapon for the purpose of lawful hunting and trapping is allowed in the Hatcher Pass East Management Area, except for the Independence Mine State Historic Park and the Summit Lake State Recreation Site or within one quarter mile of a developed facility or road.

11 AAC 20.600. Use of weapons - The use and discharge of a bow and arrow or trap for the purpose of lawful hunting or trapping is allowed in the Captain Cook State Recreation Area, except within one-quarter mile of a developed facility.

The quarter-mile regulations for the park units listed below are identical as stated; - “The use and discharge of weapons for the purpose of lawful hunting or trapping is allowed in (insert park unit from list), except within one-quarter mile of a developed facility.”

11 AAC 20.800. Use of weapons - Shuyak Island State Park 11 AAC 20.950. Use of weapons - Lower Chatanika River State Recreation Area 11 AAC 20.970. Use of weapons - Woody Island SRS Combination of Quarter and Half-Mile Restrictions

11 AAC 20.850. Use of weapons (a) The use and discharge of a weapon for the purpose of lawful hunting or trapping is allowed in the Kenai River Special Management Area only on Skilak Lake and Kenai Lake, except as provided in (b) of this section. (b) A person may use and discharge a shotgun below Skilak Lake, for the purpose of lawful hunting or trapping, from September 1 to April 30 annually. (c) Except as provided in (d) of this section, the discharge of any firearm is prohibited within one-half mile of a developed facility or dwelling. (d) A person may discharge a shotgun using steel shot no larger than size T, 0.2 inches in diameter, at a distance of no less than one-quarter mile from a developed facility or dwelling.

11 AAC 20.400. Use of weapons - The use and discharge of a weapon for the purpose of lawful hunting or trapping is allowed in Denali State Park, except within one-half mile of a developed facility or the trail around the shoreline of Byers Lake, or within a quarter-mile of the Parks Highway between Mile 132 and Mile 170.

For additional reference, below are regulations 11 AAC 21.010- 11 AAC 21.060 that specifically apply to the Alaska Chilkat Bald Eagle Preserve. These regulations combined with AS 41.21.610- AS 41.21.630 and the 2002 Alaska Chilkat Bald Eagle Preserve Management Plan are the guiding documents for the preserve management. Principle and amended Alaska State Park regulations are established through submission of the APA process structure, no other regulations exist. In addition to the below specific CBEP regulations, general provisional State Park regulations under Chapters 5, 7, 12, 16 and 18 may also apply to the CBEP.

Chapter 21 Alaska Chilkat Bald Eagle Preserve

Article 1 Eagle Preserve Land and Water Restrictions

11 AAC 21.010. Refuse and waste (a) No person may bring waste or refuse from household, commercial, industrial, or construction activities into the preserve for disposal. (b) No person may place waste or refuse in preserve water, or on land or water capable of contaminating preserve water. (c) Unless it is deposited in a public waste receptacle, waste or refuse generated in the course of activities in the preserve must be removed from the preserve by those who generated the waste or refuse. (d) This section does not apply to animal waste normally discarded by hunters, trappers, or fishermen in the course of legal hunting, trapping, or fishing, except that such waste may not be left within 100 feet of a trail, road, or developed facility.

11 AAC 21.015. Use of weapons (a) The use and discharge of weapons for the purpose of lawful hunting or trapping is allowed in the preserve, except within one-half mile of a developed facility. (b) Target shooting is allowed only in areas posted by the division for target shooting.

11 AAC 21.020. Motorized vehicles Authorization under 11 AAC 21.120 is not required for the use of motorized vehicles in the preserve, except that the landing of aircraft within the Critical Habitat Area is prohibited unless authorized by the director under 11 AAC 21.120.

11 AAC 21.025. Disturbance of natural objects (a) No person may damage or deface natural objects, including trees, plants, and moss, nor remove rocks, gravel, or minerals, except as authorized under (b) - (d) of this section or by the director under 11 AAC 21.120. (b) Authorization under 11 AAC 21.120 is not required for a person to gather bark, edible plants, or roots for personal use. (c) Dead or down wood may be gathered for personal use in designated areas. Haines District Ranger office will provide information on designated areas. (d) A person may disturb natural objects in a manner that is reasonable and customary for setting traps while lawfully trapping.

11 AAC 21.030. Cultural, archaeological, and historical material No person may disturb, damage, deface, or remove cultural, archaeological, or historical material from the preserve, except as authorized by the director under 11 AAC 21.120.

11 AAC 21.035. Vandalism No person may disturb, damage, or deface within, or remove from, the preserve state-owned or state-leased property or facilities.

11 AAC 21.040. Construction of structures No person may construct or place a dock, cabin, home, building, or other structure in the preserve unless authorized by the director under 11 AAC 21.120.

11 AAC 21.045. Construction of signs No person may construct or display a sign in the preserve, with the exception of a state regulatory marker placed by an authorized state employee, unless authorized by the director under 11 AAC 21.120.

11 AAC 21.050. Explosives A person may not discharge an explosive, gas operated explosive device, or similar device in the preserve, except as authorized by the director under 11 AAC 21.120.

11 AAC 21.051. Fireworks A person may not discharge a firework in the preserve except as authorized by the director under 11 AAC 21.120.

11 AAC 21.055. Public use cabins No person may use or occupy a public use cabin that is managed by the division on a reservation and fee payment basis without first having obtained a reservation and paid the fee. Each day of unauthorized use constitutes a separate offense.

11 AAC 21.060. Use of personal watercraft A person may operate a personal watercraft within the preserve only on the waters of Chilkat Lake, on the outlet stream from Chilkat Lake to the Tsirku River, and within one-quarter mile of the Tsirku River Landing.