[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.485]

[Page 216-217]
 
              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 F_Subsistence
 
Sec.  13.485  Subsistence use of timber and plant material.

    (a) Notwithstanding any other provision of this part, the non-
commercial cutting of 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 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; 
and
    (2) For standing timber of diameter less than three inches at ground 
height, cutting is authorized 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 noncommerical gathering of dead or downed timber for firewood, shall 
be allowed without a permit in park areas where subsistence uses are 
allowed.
    (c) Notwithstanding 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. The Superintendent may make a closure under this paragraph 
only if necessary for reasons of public safety, administration, resource 
protection, protection of historic or scientific values, conservation of 
endangered or threatened species, or the purposes for which the park 
area was established, or to ensure the continued viability of the plant 
population. For purposes of this section, the term ``temporarily'' shall 
mean only so long as reasonably necessary to achieve the purposes of the 
closure.
    (1) 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

[[Page 217]]

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.
    (2) 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.

[71 FR 69333, Nov. 30, 2006, as amended at 73 FR 3185, Jan. 17, 2008]