Kenai River Special Management Area
Regulations
11 AAC 20.850 - 11 AAC 20.918
11 AAC 20.850. Use of Weapons
11 AAC 20.855. Aircraft
11 AAC 20.857. Snowmobiles
11 AAC 20.860. Boat Motor Use
11 AAC 20.861. Boat Specifications
11 AAC 20.862. Boating Methods
11 AAC 20.865. Non-Motorized Areas
11 AAC 20.867. Personal Watercraft
11 AAC 20.870. Boating and Aircraft Speed Limits
11 AAC 20.880. Camping
11 AAC 20.885. Kenai River Guide Permits
11 AAC 20.890. Boat Rentals
11 AAC 20.910. Horse Use in Kenai State Parks
11 AAC 20.918. Recreational Gold Panning in Kenai State Parks
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) The discharge of any firearm is prohibited within one-half mile of a developed facility or dwelling.
11 AAC 20.855. Aircraft
The use of aircraft is allowed in the Kenai River Special Management Area, with the following exceptions:
(1) aircraft landings are prohibited on state park land within the Kenai River Special Management Area;
(2) practice landings are allowed only on Kenai and Skilak Lakes; and
(3) the waters of the Kenai River between the Warren Ames Bridge at river mile 5 and the Soldotna Bridge at river mile 21 are closed to the use of aircraft during the months of June and July.
11 AAC 20.857. Snowmobiles
The use of a snowmobile is allowed in the Kenai River Special Management Area on the following lakes when the snow depth is adequate to protect underlying vegetation on upland approaches to
(1) Kenai Lake, from December 1 through April 30 annually; and
(2) Skilak Lake, in accordance with 50 C.F.R. 36.39(i)(4), revised as of October 1, 2000 and adopted by reference.
The use of a snowmobile is allowed in the Kenai River Special Management Area on the following lakes when the snow depth is adequate to protect underlying vegetation on upland approaches to
(1) Kenai Lake, from December 1 through April 30 annually; and
(2) Skilak Lake, in accordance with 50 C.F.R. 36.39(i)(4), revised as of October 1, 2000 and adopted by reference.
11 AAC 20.860. Boat Motor Use
(a) Except as prohibited by 11 AAC 20.865, and subject to the restrictions set out in (b) of this section, the operation of a boat by the use of a boat motor is allowed in the Kenai River Special Management Area.
(b) On or after January 1, 2008, a person may not operate a motor or combination of motors with a total propshaft horsepower rating or equivalent propshaft horsepower rating greater than 50 horsepower. These horsepower rating limitations do not apply to the following:
(1) the operation of a boat on Kenai Lake, on Skilak Lake, and on the Kenai River between the Kenai Lake Bridge and river mile 80.7; and
(2) the operation of a boat by a federal, state, or local governmental agency for the purpose of law enforcement or search and rescue, or for the purpose of fish and game management under a park use permit issued under 11 AAC 18.010.
(c) On or after January 1, 2008, a person may not operate a boat in the Kenai River Special Management Area by the use of a motor that has been altered or disguised with respect to the manufacturer's propshaft horsepower rating, manufacturer cowling decals, or the model or serial numbers to produce more than 50 propshaft horsepower.
(d) A person may not operate a boat in the Kenai River Special Management Area by the use of a motor unless the original propshaft horsepower rating of a motor is clearly labeled by the manufacturer or a factory authorized dealer mechanic in the form of cowling decals appropriate to the propshaft horsepower rating. The original propshaft horsepower rating of the motor may be further indicated by a stamp marking embossed in the metal or as part of the model number of the motor.
(e) On or after January 1, 2008, a person may not operate a boat in the Kenai River Special Management Area by the use of a motor as follows:
(1) with a total propshaft horsepower rating greater than 35 horsepower, unless the motor is a four-stroke motor or a direct fuel injection two-stroke motor, as described in Attachment A of the Department of Natural Resources, Division of Parks and Outdoor Recreation, Director's Decision on Reduction of Hydrocarbon Pollution from Motorized Boats on the Kenai River, signed November 16, 2006, and adopted by reference;
(2) during the month of July, unless the motor is a four-stroke motor or a direct fuel injection two-stroke motor, as described in Attachment A of the Department of Natural Resources, Division of Parks and Outdoor Recreation, Director's Decision on Reduction of Hydrocarbon Pollution from Motorized Boats on the Kenai River, signed November 16, 2006, and adopted by reference;
(3) without displaying on the motor cowling a decal issued by the department that certifies that the motor complies with the requirements of this subsection.
(f) In this section,
(1) "direct fuel injection two-stroke motor" means a motor whose fuel is directly injected into the top of the cylinder of an internal combustion engine whose cycle is completed in two piston strokes;
(2) "four-stroke motor" means an internal combustion engine whose cycle is completed in four piston strokes; "four-stroke motor" includes a suction stroke, compression stroke, expansion stroke, and exhaust stroke;
(3) "propshaft horsepower rating" means the boat motor's original manufacturer rated and labeled horsepower; however, the addition of a jet drive unit to any boat motor does not change the propshaft horsepower rating of the motor powerhead and driveshaft configuration for the purposes of this section.
11 AAC 20.861. Boat Specifications
(a) A person may not operate a motorized boat in the Kenai River Special Management Area that exceeds 21 feet in overall length and 106 inches in overall width. This restriction does not apply to boats operated in accordance with 11AAC 20.860(b)(1) and (2).
(b) Notwithstanding (a) of this section, the director shall authorize a person to use a motorized boat that exceeds 21 feet in overall length or 106 inches in overall width, if the person provides proof satisfactory to the division that the person owned the boat before the effective date of these regulations. If the director provides the authorization under this subsection, the director shall issue a nontransferable permit under 11 AAC 18. A permit issued by the director under this subsection expires on a date that is specified by the director, but it is not later than December 31, 2009.
(c) In this section,
(1) "outboard motor" means a boat engine that, when properly mounted on a boat in the position to operate, houses the engine and drive unit external to the hull of the boat;
(2) "overall length" means the straight-line measurement between the extremities of the boat, but does not include trim tabs or outboard motors;
(3) "overall width" means the straight-line measurement between the two widest extremities of the boat, measured at a right angle to the overall length measurement;
(4) "trim tabs" means an extension of the bottom of a boat, at the transom, that is no more than 18 inches long at its longest point and whose sole function is to provide trim to a boat while underway; "trim tabs" do not include an extension that provides increased flotation.
11 AAC 20.862. Boating Methods
(a) Except for Kenai and Skilak Lakes, a person may not operate a motor powered boat on waters of the Kenai River Special Management Area with more than six persons on board, including the operator, unless authorized by the director under a permit issued under 11 AAC 18.
(b) A person may not anchor a boat in the Kenai River Special Management Area in a manner obstructing a primary traffic channel or drift fishing channel of any section of the river.
(c) Except as provided by (d) of this section, a person may not leave an anchored buoy unattended in the Kenai River Special Management Area, unless authorized by the director under a permit issued under 11 AAC 18.
(d) A person may momentarily leave an anchored buoy unattended while pursuing a hooked fish so long as the person returns to the anchored buoy within 20 minutes.
(e) A person may not tie-up a boat to state land, including easements and rights of way, for more than 24 consecutive hours unless authorized by the director under a permit issued under 11 AAC 18.
(f) A person may not anchor a boat, houseboat, platform, or any structure or vessel on Kenai or Skilak Lake for more than 15 days in a 30-day period, other than adjacent to private property with prior approval of the property owner, unless authorized by the director under a permit issued under 11 AAC 18.
(g) Except in the event of a danger to life, health, or public safety, a person may not use a motor to propel or tow a boat for any purpose
(1) on days or in areas designated under 5AAC 56.023 for non-motorized fishing; or
(2) in areas designated under 11 AAC 20.865 for non-motorized use.
11 AAC 20.865. Non-Motorized Areas
(a) The operation of a boat by the use of a motor is prohibited
(1) on the Kenai River between river mile 80.7 and Skilak Lake; and
(2) on the Kenai River between Skilak Lake and river mile 47.0 from March 15 through June 14.
(b) (Repealed 2008)
(c) On the waters of the Kenai River Special Management Area, a person may not launch or operate
(1) an airboat, hovercraft, or hydroplane; or
(2) a personal watercraft, except as provided in 11 AAC 20.867.
11 AAC 20.867. Personal Watercraft
(a) A person may operate a personal watercraft within the Kenai River Special Management Area only on Kenai Lake on the portion of the lake that is north of a line running from the Primrose Campground boat launch to a prominent marker on the east shore of Kenai Lake, and east of a line running from the Chugach Electric Association powerhouse to a marker on the south side of Porcupine Island, and thence north to the United States Forest Service campground on the north side of Porcupine Island.
(b) Within the area on Kenai Lake described in (a) of this section in which a personal watercraft may be operated, a person may not operate a personal watercraft
(1) within 300 feet of shore
(A) greater than five miles per hour; or
(B) in a manner that creates a wake; or
(2) between the hours of 10:00 p.m. and 10:00 a.m.
11 AAC 20.870. Boating and Aircraft Speed Limits
(a) A person may not operate a boat at a speed greater than five miles per hour in the no wake area between the Kenai Lake Bridge and river mile 80.7 on the Kenai River.
(b) No person may operate a boat or aircraft at a speed greater than five miles per hour in the no wake area of the Moose River between the Sterling Highway Bridge and the confluence with the Kenai River.
(c) No person may operate a boat or aircraft at a speed greater than five miles per hour in the no wake area of the side (north) channel of the Kenai River from river mile 11 downstream through lower Beaver Creek to its confluence with the main channel of the Kenai River at approximately river mile 10.
11 AAC 20.880. Camping
Within the Kenai Special Management Area a person may not camp
(1) on an island; or
(2) within the following upland units:
(A) Big Eddy;
(B) Ciechanski;
(C) Cooper Landing Boat Launch;
(D) Eagle Rock;
(E) Funny River adjacent to river miles 29.6 to 30.1;
(F) Honeymoon Cove;
(G) Kenai Keys;
(H) Kenai River Flats;
(I) Nilnunqa;
(J) Pipeline Crossing;
(K) Slikok Creek;
(L) The Pillars; or
(M) other areas in which camping is designated as prohibited.
11 AAC 20.885. Kenai River Guide Permits
(a) A person may not provide professional guide services within the Kenai River Special Management Area without first obtaining a valid Kenai River guide permit issued by the division.
(b) To qualify for a Kenai River guide permit, for professional guide services other than services as a sport fishing guide, a person must meet the applicable requirements of 11 AAC 18 and pay the applicable fees required under 11 AAC 05.010(a) (12)(I).
(c) To qualify for a Kenai River guide permit, for professional guide services as a sport fishing guide, a person
(1) must meet the applicable requirements of 11 AAC 18;
(2) must pay the applicable fees required under 11 AAC 05.010(a) (12)(I);
(3) must be at least 18 years of age;
(4) must provide proof of
(A) a negative drug test
(i) from a program not excluded under 46 C.F.R. 16.109 or 49 C.F.R. 40.361 - 40.413; and
(ii) administered no more than 30 days before the date on which the department receives the person's application; or
(B) registration in a random drug testing program made applicable to the permit under 11 AAC 18.030(b) (1);
(5) must be in compliance with AS 16.40.260 - 16.40.299 (Sport Fishing Services);
(6) must present to the division for inspection a driver's license or similar identification card that is issued by a state or federal agency and that bears a photograph of the person;
(7) may not have been convicted of a felony within the past five years;
(8) may not have been convicted of more than one misdemeanor violation of a provision of 5 AAC 47 - 5 AAC 75 within the past five years; and
(9) must have successfully completed a course approved by the director that is specifically designed to train persons to provide professional guide services as sport fishing guides within the Kenai River Special Management Area, except that a person
(A) is not required to have successfully completed the course on or before the date on which the division receives the application, if the director has not approved on or before that date at least one course under this paragraph; that person, unless subject to (B) of this paragraph, must successfully complete the course within 12 months after the date on which the director approves at least one course under this paragraph;
(B) who held a valid permit under this section on or before December 31, 2005 for professional guide services as a sport fishing guide, and who held that permit for
(i) at least one year but less than six years, must successfully complete the course within 24 months after the date on which the director approves at least one course under this paragraph;
(ii) at least six but less than 11 years, must successfully complete the course within 36 months after the date on which the director approves at least one course under this paragraph; or
(iii) 11 or more years, must successfully complete the course within 60 months after the date on which the director approves at least one course under this paragraph.
(d) A person may not operate a boat used in the Kenai River Special Management Area to provide professional guide services without displaying a boat number and identification sticker as assigned, specified, or provided by the division
(e) A person may not operate a vessel upon the waters of the Kenai River Special Management Area with an expired, suspended, or revoked Kenai River guide boat number or identification sticker in public view.
(f) A current or former holder of a Kenai River guide permit may not sell or otherwise dispose of a registered guide boat without first removing the three-digit guide boat number and identification sticker from the boat, unless the sale or transfer of the registered guide boat is to another current holder of a Kenai River guide permit, and the division is notified of the sale or transfer of the boat by the former owner within five days after the sale or transfer.
(g) Once registered, a guide boat registration remains valid for the remainder of the calendar year, and may be transferred between permitted guides. A guide may not re-register a de-registered guide boat within that calendar year, except that a de-registered boat sold to a guide may be re-registered in that same calendar year.
(h) A person permitted under 11 AAC 18.030 and this section to provide sport fishing guide services in the Kenai River Special Management Area may not fail to remain within sight or sound of the person's clients during the course of guided activities in the Kenai River Special Management Area to ensure compliance with state law and the permit.
(i) The director may suspend a Kenai River guide permit, for professional guide services as a sport fishing guide, with the suspension to occur on dates that the director may determine, for up to
(1) three days, if the permittee is convicted of a first infraction of one of the following statutory or regulatory provisions, and the permittee committed the infraction while providing sport fishing guide services under the permit within the Kenai River Special Management Area:
(A) a provision of 5 AAC 47 - 5 AAC 75, 11 AAC 07, 11 AAC 12, 11 AAC 16, 11 AAC 18, or 11 AAC 20;
(B) a provision of AS 05.25.010 (Safety Requirements) or 05.25.055 (Registration and Numbering of Boats), a provision of 2 AAC 70, or another provision of regulations adopted under AS 05.25.010 or 05.25.055;
(C) AS 11.46.320 (Criminal Trespass in the First Degree) or 11.46.330 (Criminal Trespass in the Second Degree), for an act on private property adjacent to the Kenai River Special Management Area;
(D) providing a boat or otherwise arranging guided fishing services on days or hours closed to guiding under 5 AAC 56.036(j) or (k);
(2) seven days, if the permittee
(A) is convicted of
(i) a second infraction of a statutory or regulatory provision specified in (1) of this subsection; or
(ii) an infraction of AS 11.41.230 (Assault in the Fourth Degree) or 11.41.250 (Reckless Endangerment); and
(B) committed the infraction while providing sport fishing guide services under the permit within the Kenai River Special Management Area; or
(3) 30 days, if the permittee
(A) is convicted of
(i) a third infraction of a statutory or regulatory provision specified in (1) of this subsection;
(ii) a first infraction of AS 05.25.060 (1), other than an infraction described in (k)(1)(C) of this section; or
(iii) an infraction of AS 11.41.220 (Assault in the Third Degree); and
(B) committed the infraction while providing sport fishing guide services under the permit within the Kenai River Special Management Area.
(j) The director may suspend a Kenai River guide permit, for professional guide services as a sport fishing guide, immediately and indefinitely for the permittee's failure to comply with 11 AAC 18.030(b) (1) or (9) while providing sport fishing guide services under the permit within the Kenai River Special Management Area.
(k) The director may revoke a Kenai River guide permit, for professional guide services as a sport fishing guide, permanently if the permittee
(1) is convicted
(A) of an infraction of AS 28.35.030 (Operating a Vehicle, Aircraft or Watercraft While Under the Influence of an Alcoholic Beverage, Inhalant, or Controlled Substance);
(B) of a second infraction of AS 05.25.060 (1);
(C) of an infraction of AS 05.25.060 (1), for an act that results in the death or injury of another person;
(D) of an infraction of 46 C.F.R. 15.605 (Licensed Operators for Uninspected Passenger Vessels) or 46 C.F.R. 15.905(a);
(E) four or more times within three years of infractions of any combination of the statutory or regulatory provisions specified in (i) of this section; or
(F) of an infraction of AS 11.41.200 (Assault in the First Degree) or 11.41.210 (Assault in the Second Degree); and
(2) committed each infraction while providing sport fishing guide services under the permit within the Kenai River Special Management Area.
(l) In this section, "drug test" and "drug testing" have the meaning given "drug test" in 46 C.F.R. 16.105. The definition of "drug test" in 46 C.F.R. 16.105, as revised as of October 1, 2005, is adopted by reference.
11 AAC 20.890. Boat Rentals
(a) A person may not provide boats for use in the Kenai River Special Management Area as a commercial activity without first obtaining a commercial use permit under 11 AAC 18 with specific authorization for rental activities.
(b) For purposes of this section, "commercial activity" has the meaning given in 11 AAC 12.340.
11 AAC 20.910. Horse Use in Kenai State Parks
(a) The use of horses, mules, and burros is allowed in all state parks on the Kenai Peninsula with the exception of
(1) Nilnunqua State Historic Site;
(2) campgrounds, swim beaches, and picnic areas;
(3) officially designated and marked hiking trails; and
(4) areas above timberline.
(b) The use of horses is subject to the following conditions:
(1) groups using 10 or more animals must obtain authorization from the director under 11 AAC 18.010 before entering a park;
(2) tethering horses, mules, and burros within 100 feet of fresh water is prohibited;
(3) loose herding of animals is prohibited.
11 AAC 20.918. Recreational Gold Panning in Kenai State Parks
Recreational gold panning is allowed in state parks on the Kenai Peninsula with the following stipulations:
(1) no motorized equipment is used;
(2) a person uses no more equipment than a gold pan and a shovel;
(3) no person may use a shovel to recreational gold pan within the Kenai National Wildlife Refuge located between river mile 45.5 and 74;
(4) no chemicals are used;
(5) anadromous fish streams are only open to recreational gold panning between May 16 and July 14 annually;
(6) no person may stake or file a mining claim or leasehold location in a state park; and
(7) no person may extract or disturb natural materials for the purpose of recreational gold panning above the ordinary high water line or where vegetative material exists.