[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.1]

[Page 185-187]
 
              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 A_Public Use and Recreation
 
Sec. 13.1  Definitions.




                   Subpart A_Public Use and Recreation

Sec.
13.1 Definitions.
13.2 Applicability and scope.
13.3 [Reserved]
13.4 Information collection.
13.10-13.16 [Reserved]
13.17 Cabins and other structures.
13.18 Camping and picnicking.
13.19 Weapons, traps and nets.
13.20 Preservation of natural features.
13.21 Taking of fish and wildlife.
13.22 Unattended or abandoned property.
13.30 Closure procedures.
13.31 Permits.

                          Subpart B_Subsistence

13.40 Purpose and policy.
13.41 Applicability.
13.42 Definitions.
13.43 Determination of resident zones.
13.44 Subsistence permits for persons whose primary, permanent home is 
          outside a resident zone.
13.45 Prohibition on aircraft use.
13.46 Use of snowmobiles, motorboats, dog teams, and other means of 
          surface transportation traditionally employed by local rural 
          residents engaged in subsistence uses.
13.47 Subsistence fishing.
13.48 Subsistence hunting and trapping.
13.49 Subsistence use of timber and plant material.
13.50 Closure to subsistence uses of fish and wildlife.
13.51 Application procedures for subsistence permits and aircraft 
          exceptions.

       Subpart C_Special Regulations_Specific Park Areas in Alaska

13.60 Aniakchak National Monument and Preserve.
13.61 Bering Land Bridge National Preserve.
13.62 Cape Krusenstern National Monument.
13.63 Denali National Park and Preserve.
13.64 Gates of the Arctic National Park and Preserve.
13.65 Glacier Bay National Park and Preserve.
13.66 Katmai National Park and Preserve.
13.67 Kenai Fjords National Park.
13.68 Klondike Gold Rush National Historical Park.
13.69 Kobuk Valley National Park.
13.70 Lake Clark National Park and Preserve.
13.71 Noatak National Preserve. [Reserved]
13.72 Sitka National Historical Park.
13.73 Wrangell-St. Elias National Park and Preserve.
13.74 Yukon-Charley Rivers National Preserve. [Reserved]

             Subpart D_Special Visitor Services Regulations

13.80 Applicability and scope.
13.81 Definitions.
13.82 Historical operators.
13.83 Preferred operators.
13.84 Preference to Cook Inlet Region, Incorporated.
13.85 Most directly affected Native Corporation.
13.86 Appeal procedures.
13.87 Information collection.

    Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; Sec. 13.65 also 
issued under 16 U.S.C. 1a-2(h), 20, 1361, 1531, 3197; Pub. L. 105-277, 
112

[[Page 186]]

Stat. 2681, October 21, 1998; Pub. L. 106-31, 113 Stat. 57, May 21, 
1999.

    Source: 46 FR 31854, June 17, 1981, unless otherwise noted.



    The following definitions shall apply to all regulations contained 
in this part:
    (a) The term adequate and feasible access means a reasonable method 
and route of pedestrian or vehicular transportation which is 
economically practicable for achieving the use or development desired by 
the applicant on his/her non-Federal land or occupancy interest, but 
does not necessarily mean the least costly alternative.
    (b) The term aircraft means a machine or device that is used or 
intended to be used to carry persons or objects in flight through the 
air, including, but not limited to airplanes, helicopters and gliders.
    (c) The term ANILCA means the Alaska National Interest Lands 
Conservation Act (94 Stat. 2371; Pub. L. 96-487 (December 2, 1980)).
    (d) The term carry means to wear, bear or carry on or about the 
person and additionally, in the case of firearms, within or upon a 
device or animal used for transportation.
    (e) The term downed aircraft means an aircraft that as a result of 
mechanical failure or accident cannot take off.
    (f) The term firearm means any loaded or unloaded pistol, revolver, 
rifle, shotgun or other weapon which will or is designated to or may 
readily be converted to expel a projectile by the action of expanded 
gases, except that it does not include a pistol or rifle powered by 
compressed gas. The term ``firearm'' also includes irritant gas devices.
    (g) The term fish and wildlife means any member of the animal 
kingdom, including without limitation any mammal, fish, bird (including 
any migratory, nonmigratory or endangered bird for which protection is 
also afforded by treaty or other international agreement), amphibian, 
reptile, mollusk, crustacean, arthropod, or other invertebrate, and 
includes any part, produce, egg, or offspring thereof, or the dead body 
or part thereof.
    (h) The term fossil means any remains, impression, or trace of any 
animal or plant of past geological ages that has been preserved, by 
natural processes, in the earth's crust.
    (i) The term gemstone means a silica or igneous mineral including, 
but not limited to (1) geodes, (2) petrified wood, and (3) jade, agate, 
opal, garnet, or other mineral that when cut and polished is customarily 
used as jewelry or other ornament.
    (j) The term motorboat refers to a motorized vessel other than a 
personal watercraft.
    (k) The term National Preserve shall include the following areas of 
the National Park System:

    Alagnak National Wild and Scenic River, Aniakchak National Preserve, 
Bering Land Bridge National Preserve, Denali National Preserve, Gates of 
the Arctic National Preserve, Glacier Bay National Preserve, Katmai 
National Preserve, Lake Clark National Preserve, Noatak National 
Preserve, Wrangell-St. Elias National Preserve, and Yukon-Charley 
National Preserve.

    (l) The term net means a seine, weir, net wire, fish trap, or other 
implement designed to entrap fish, except a landing net.
    (m) The term off-road vehicle means any motor vehicle designed for 
or capable of crosscountry travel on or immediately over land, water, 
sand, snow, ice, marsh, wetland or other natural terrain, except 
snowmachines or snowmobiles as defined in this chapter.
    (n) The term park areas means lands and waters administered by the 
National Park Service within the State of Alaska.
    (o) The term person means any individual, firm, corporation, 
society, association, partnership, or any private or public body.
    (p) The term possession means exercising dominion or control, with 
or without ownership, over weapons, traps, nets or other property.
    (q) The term public lands means lands situated in Alaska which are 
federally owned lands, except--
    (1) Land selections of the State of Alaska which have been 
tentatively approved or validly selected under the Alaska Statehood Act 
(72 Stat. 339) and

[[Page 187]]

lands which have been confirmed to, validly selected by, or granted to 
the Territory of Alaska or the State under any other provision of 
Federal law;
    (2) Land selections of a Native Corporation made under the Alaska 
Native Claims Settlement Act (85 Stat. 688) which have not been conveyed 
to a Native Corporation, unless any such selection is determined to be 
invalid or is relinquished; and
    (3) Lands referred to in section 19(b) of the Alaska Native Claims 
Settlement Act.
    (r) The term snowmachine or snowmobile means a self-propelled 
vehicle intended for off-road travel primarily on snow having a curb 
weight of not more than 1,000 pounds (450 kg), driven by a track or 
tracks in contact with the snow and steered by a ski or skis on contact 
with the snow.
    (s) The term take or taking as used with respect to fish and 
wildlife, means to pursue, hunt, shoot, trap, net, capture, collect, 
kill, harm, or attempt to engage in any such conduct.
    (t) The term temporary means a continuous period of time not to 
exceed 12 months, except as specifically provided otherwise.
    (u) The term trap means a snare, trap, mesh, or other implement 
designed to entrap animals other than fish.
    (v) The term unload means there is no unexpended shell or cartridge 
in the chamber or magazine of a firearm; bows, crossbows and spearguns 
are stored in such a manner as to prevent their ready use; muzzle-
loading weapons do not contain a powder charge; and any other implement 
capable of discharging a missile into the air or under the water does 
not contain a missile or similar device within the loading or 
discharging mechanism.
    (w) The term weapon means a firearm, compressed gas or spring 
powered pistol or rifle, bow and arrow, crossbow, blow gun, speargun, 
hand thrown spear, slingshot, explosive device, or any other implement 
designed to discharge missiles into the air or under the water.

[46 FR 31854, June 17, 1981, as amended at 62 FR 30234, June 3, 1997; 65 
FR 15090, Mar. 21, 2000]