[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.1]

[Page 186-188]
 
              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 Obstruction of airstrips.
13.11-13.16 [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 Stat. 2681-259, October 21, 1998; Pub. L. 106-31,

[[Page 187]]

113 Stat. 72, May 21, 1999; Sec. 13.66(c) also issued under Sec. 1035, 
Pub. L. 104-333, 110 Stat. 4240, November 12, 1996.

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



    The following definitions shall apply to all regulations contained 
in this part:
    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.
    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.
    Airstrip means visible, marked, or known aircraft landing areas in 
park areas. Airstrips may be marked with cones, lights, flagging, or 
windsocks, or be unmarked but recognizable because they have been 
cleared of vegetation or other obstructions.
    ANILCA means the Alaska National Interest Lands Conservation Act (94 
Stat. 2371; Pub. L. 96-487 (December 2, 1980)).
    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.
    Downed aircraft means an aircraft that as a result of mechanical 
failure or accident cannot take off.
    Facility means buildings, structures, park roads as defined by Sec.  
1.4, parking lots, campgrounds, picnic areas, paved trails, and 
maintenance support yards.
    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.
    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.
    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.
    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.
    Motorboat refers to a motorized vessel other than a personal 
watercraft.
    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.

    Net means a seine, weir, net wire, fish trap, or other implement 
designed to entrap fish, except a landing net.
    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.
    Park areas means lands and waters administered by the National Park 
Service within the State of Alaska.
    Person means any individual, firm, corporation, society, 
association, partnership, or any private or public body.
    Possession means exercising dominion or control, with or without 
ownership,

[[Page 188]]

over weapons, traps, nets or other property.
    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 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.
    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.
    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.
    Temporary means a continuous period of time not to exceed 12 months, 
except as specifically provided otherwise.
    Trap means a snare, trap, mesh, or other implement designed to 
entrap animals other than fish.
    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.
    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; 69 FR 70068, Dec. 2, 2004]