[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.49]

[Page 192-193]
 
              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 B--Subsistence
 
Sec. 13.49  Subsistence use of timber and plant material.

    (a) Notwithstanding any other provision of this part, the non-
commercial cutting of live standing timber by local rural residents for 
appropriate subsistence uses, such as firewood or house logs, may be 
permitted in park areas where subsistence uses are allowed as follows:
    (1) For live standing timber of diameter greater than three inches 
at ground height, the Superintendent may permit cutting in accordance 
with the specifications of a permit if such cutting is determined to be 
compatible with the purposes for which the park area was established;
    (2) For live standing timber of diameter less than three inches at 
ground height, cutting is permitted unless restricted by the 
Superintendent.
    (b) The noncommerical gathering by local rural residents of fruits, 
berries, mushrooms, and other plant materials for subsistence uses, and 
the

[[Page 193]]

noncommerical gathering of dead or downed timber for firewood, shall be 
allowed without a permit in park areas where subsistence uses are 
allowed.
    (c)(1) Nothwithstanding any other provision of this part, the 
Superintendent, after notice and public hearing in the affected vicinity 
and other locations as appropriate, may temporarily close all or any 
portion of a park area to subsistence uses of a particular plant 
population only if necessary for reasons of public safety, 
administration, or to assure the continued viability of such population. 
For the purposes of this section, the term ``temporarily'' shall mean 
only so long as reasonably necessary to achieve the purposes of the 
closure.
    (2) If the Superintendent determines that an emergency situation 
exists and that extraordinary measures must be taken for public safety 
or to assure the continued viability of a particular plant population, 
the Superintendent may immediately close all or any portion of a park 
area to the subsistence uses of such population. Such emergency closure 
shall be effective when made, shall be for a period not to exceed sixty 
(60) days, and may not subsequently be extended unless the 
Superintendent establishes, after notice and public hearing in the 
affected vicinity and other locations as appropriate, that such closure 
should be extended.
    (3) Notice of administrative actions taken pursuant to this section, 
and the reasons justifying such actions, shall be published in at least 
one newspaper of general circulation within the State and at least one 
local newspaper if available, and information about such actions and 
reasons also shall be made available for broadcast on local radio 
stations in a manner reasonably calculated to inform local rural 
residents in the affected vicinity. All closures shall be designated on 
a map which shall be available for public inspection at the office of 
the Superintendent of the affected park area and the post office or 
postal authority of every affected community within or near the park 
area, or by the posting of signs in the vicinity of the restrictions, or 
both.