[Code of Federal Regulations] [Title 36, Volume 1] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR13.63] [Page 194-196] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA--Table of Contents Subpart C--Special Regulations--Specific Park Areas in Alaska Sec. 13.63 Denali National Park and Preserve. (a) Subsistence--(1) Resident Zone. The following communities and areas are included within the resident zone for Denali National Park addition: [[Page 195]] Cantwell Minchumina Nikolai Telida (b) Camping. Camping is prohibited along the road corridor and at Wonder Lake, except at designated areas. Camping is allowed in other areas in accordance with the backcountry management plan. (c) Unattended or Abandoned Property. Leaving unattended and abandoned property along the road corridor, at Wonder Lake, and in the areas included in the backcountry management plan, is prohibited. (d) Operation of motor vehicles on the Denali Park road west of the Savage River--(1) Do I need a permit to operate a motor vehicle on the Denali Park road west of the Savage River? Yes, you must obtain a permit from the superintendent to operate a motor vehicle on the restricted section of the Denali Park road. The restricted section begins at the west end of the Savage River Bridge (mile 14.8) and continues to the former Mt. McKinley National Park boundary north of Wonder Lake (mile 87.9). (2) How many permits will be issued each summer? The superintendent is authorized, under this section, to issue no more than 10,512 motor vehicle permits each year for access to the restricted section of the road. The superintendent will issue the permits for the period that begins on the Saturday of Memorial Day weekend and continues through the second Thursday following Labor Day or September 15, whichever comes first. Each permit allows one vehicle one entry onto the restricted portion of the Park road. (3) How will the superintendent manage the permit program? (i) The superintendent will apportion motor vehicle permits among authorized users following the procedures in Sec. 13.31. Authorized users are individuals, groups and governmental entities who are allowed by law or policy to use the restricted section of the road. (ii) The superintendent will establish an annual date to evaluate permit requests and publish that date, along with the results of the annual apportionment, in the superintendent's compendium of rules and orders. The superintendent's compendium is available to the public upon request. (iii) The superintendent will re-evaluate the access requirements of any business that is sold, ceases to operate or that significantly changes the services currently offered to the public. (4) What is prohibited? (i) No one may operate a motor vehicle on the restricted section of the Park road without a valid permit. (ii) No one may use a motor home, camper or trailer to transport guests to a lodge or other business in Kantishna. (iii) No one may transfer or accept transfer of a Denali Park road permit without the superintendent's approval. (e) Fishing limit of catch and in possession. The limit of catch per person per day shall be 10 fish but not to exceed 10 pounds and one fish, except that the limit of catch of lake trout (mackinaw) per person per day shall be two fish including those hooked and released. Possession of more than one day's limit of catch by one person at any one time is prohibited. (f) Mountain climbing. Climbing on Mount McKinley or Mount Foraker without registering, on a form provided by the Superintendent, at least 60 days in advance of any climb is prohibited. (g) Kantishna area summer season firearm safety zone--(1) What is prohibited? No one may fire a gun during the summer season in or across the Kantishna area firearm safety zone, unless they are defending life or property. (i) The summer season begins on the Saturday of Memorial Day weekend and continues through the second Thursday following Labor Day or September 15, whichever comes first. (ii) The Kantishna Area firearm safety zone includes: the Kantishna Airstrip; the State Omnibus Act Road right-of-way; and all public lands located within one mile of the Kantishna Airstrip or the State Omnibus Act Road right-of-way, from the former Mt. McKinley National Park boundary at mile 87.9 to the south end of the Kantishna Airstrip. (h) Snowmachine (snowmobile) operation in Denali National Park and Preserve--(1) What is the definition of a traditional activity for which Section 1110(a) of ANILCA permits snowmachines to be [[Page 196]] used in the former Mt. McKinley National Park (Old Park) portion of Denali National Park and Preserve? A traditional activity is an activity that generally and lawfully occurred in the Old Park contemporaneously with the enactment of ANILCA, and that was associated with the Old Park, or a discrete portion thereof, involving the consumptive use of one or more natural resources of the Old Park such as hunting, trapping, fishing, berry picking or similar activities. Recreational use of snowmachines was not a traditional activity. If a traditional activity generally occurred only in a particular area of the Old Park, it would be considered a traditional activity only in the area where it had previously occurred. In addition, a traditional activity must be a legally permissible activity in the Old Park. (2) May a snowmachine be used in that portion of the park formerly known as Mt. McKinley National Park (Old Park)? No, based on the application of the definition of traditional activities within the park to the factual history of the Old Park, there are no traditional activities that occurred during periods of adequate snow cover within the Old Park; and, thus, Section 1110(a) of ANILCA does not authorize snowmachine access. Hunting and trapping were not and are not legally permitted activities in the Old Park at any time of the year. Sport fishing has not taken place in the Old Park during periods of adequate snow cover due to weather conditions that are adverse to sport fishing, and the limited fishery resources within the Old Park. During periods of adequate snow cover, berry picking is not feasible, and has not taken place in the Old Park. Under the definition, recreational use of snowmachines is not a traditional activity. There are no villages, homesites or other valid occupancies within the Old Park. Access by snowmachine through the Old Park in transit to homesites, villages and other valid occupancies was not lawful prior to the enactment of ANILCA and is available through routes outside the Old Park that have been historically used for that purpose. Therefore, the use of snowmachines is not authorized by section 1110(a) for such travel. Further, Congress did not authorize subsistence activities in the Old Park. In addition, the National Park Service has determined that the use of even a few snowmachines in the Old Park would be detrimental to the resource values of the area. Therefore, because no usage is authorized in the Old Park by section 1110(a) the Old Park remains closed to all snowmachine use in accordance with 36 CFR 2.18. (3) Where can I operate a snowmachine in Denali National Park and Preserve? You can use a snowmachine outside of the Old Park for traditional activities or travel to and from villages and homesites and other valid occupancies as authorized by 43 CFR 36.11(c), or when lawfully engaged in subsistence activities authorized by Sec. 13.46. (4) What types of snowmachines are allowed? The types of snowmachines allowed are defined in Sec. 13.1(q) under snowmachine or snowmobile. (5) What other regulations apply to snowmachine use? Snowmachine use is governed by regulations at Sec. 2.18(a) of this chapter, traffic safety, Sec. 2.18(b) of this chapter, state laws, and Sec. 2.18(d) and (e) of this chapter, prohibited activities; and 43 CFR 36.11(a)(2) adequate snow cover, and 43 CFR 36.11(c) traditional activities. (6) Who determines when there is adequate snow cover? The superintendent will determine when snow cover is adequate for snowmachine use. The superintendent will follow the procedures in Secs. 1.5 and 1.7 of this chapter to inform the public. (7) Nothing in this section shall limit the authority of the superintendent to restrict or limit uses of an area under other statutory authority. [46 FR 31854, June 17, 1981, as amended at 45 FR 78120, Nov. 25, 1980; 48 FR 30295, June 30, 1983; 61 FR 6944, Feb. 23, 1996; 65 FR 37878, June 19, 2000]