Alaska § 38.95.080 - Trapping cabin construction and use permits.

§ 38.95.080. Trapping cabin construction and use permits.

 (a) The commissioner may issue a nonexclusive nontransferable permit to a person qualified under this section that, subject to conditions imposed under (c) of this section, entitles the person to        (1) construct and use a trapping cabin on state land if the cabin does not exceed 400 square feet in size; or

 (2) use an existing cabin on state land, regardless of size, if             (A) the owner of the cabin approves; or

 (B) the cabin is not owned by another person.

 (b) The commissioner may issue a permit to a person who        (1) is at least 18 years of age;

 (2) possesses a valid trapping license issued under AS 16.05.330 — 16.05.430;

 (3) provides proof acceptable to the commissioner that the person             (A) has an established trapline of sufficient length to justify the need for cabin construction or use; and

 (B) is engaged in trapping in the area identified in the application.

 (c) The director shall establish, by regulation, conditions for a permit issued under this section. The regulations must include the following conditions:        (1) a permit is valid for a period of not more than 10 years; the director shall continue to renew the permit for successive periods of not more than 10 years if the permit holder             (A) establishes the person's periodic use and occupancy of the cabin;

 (B) meets the qualifications of this section;

 (2) an existing cabin or a cabin authorized for construction under a permit issued under this section shall be maintained according to reasonable specifications established by the commissioner;

 (3) a primary cabin authorized for construction under a permit issued under this section may not exceed 400 square feet; another cabin constructed under the same permit may not exceed 192 square feet;

 (4) a permit may be issued for an existing cabin that exceeds 400 square feet if             (A) the cabin is intended for use as a seasonal shelter while the user is engaged in trapping or trapping-related activities;

(B) the person applying for the permit                  (i) is the owner of the cabin or has previously held a permit for the cabin, or is applying for a permit for a cabin that does not have an owner; and

 (ii) did not build the cabin without authorization;

(5) a permit shall specify the number of cabins allowed to be constructed and indicate their specific geographical location; the director may establish a maximum number of cabins for each person or otherwise limit their number because of the probability of adverse consequences;

 (6) adequate provision must be made for waste and garbage disposal, as determined by the director;

 (7) the payment of a trapping cabin permit fee determined by the director; the fee may not exceed             (A) $100 for the issuance or renewal of the permit; and

(B) $25 for each year of the term of the permit.

 (d) A permit issued under this section is not a disposal of interest and does not convey an interest in land, does not grant or establish a preference right to a lease or purchase of land, and does not allow for other uses of a cabin or land adjacent to a cabin for a purpose other than trapping. A permit does not authorize the permit holder to reside at the cabin or on the state land for which the person holds a permit under this section. A person may use timber in the immediate vicinity of a cabin for which the person holds a permit for personal noncommercial purposes only.

 (e) Subject to (a)(2) of this section, if the director determines that it is in the best interests of the state, the director may issue multiple permits for the use of a trapping cabin.

 (f) The department may not charge an additional land use fee for the use or construction of a trapping cabin authorized by a permit issued under this section.

 (g) A person who makes a false statement as to any material fact relating to a permit issued under this section is guilty of a misdemeanor. A person who violates this subsection or any of the terms and conditions of a permit issued under this section may have the permit immediately revoked and is subject to payment of all costs required in dismantling the cabin structure.