Chapter 16.14
NAHKU BAY CONSERVATION AREA MANAGEMENT PLAN

Sections:

16.14.010    Statement of intent and goals.

16.14.020    Description of area.

16.14.030    Allowed/prohibited uses.

16.14.040    Permits and fees.

16.14.050    Penalties.

16.14.010 Statement of intent and goals.

A.    The municipality of Skagway recognizes that the Nahku Bay Conservation Area is an area of local, regional and state significance. An area of historic importance and scenic beauty, the Nahku Bay Conservation Area is valued highly by Skagway residents and visitors for its recreational and scenic values and for the rare opportunity it provides for a wilderness experience in a wild, rustic, and natural environment. Since previous land owner Bud Matthews’ death, public testimony and responses consistently indicate overwhelming support for public ownership of the area by the municipality of Skagway and for the protection of its significant natural, scenic, and recreational uses and values. It is the intent of the municipality of Skagway to preserve the historic and traditional uses, intrinsic values and the spirit of Bud Matthews and his land, while maintaining minimal change to the Nahku Bay Conservation Area, and to be a responsible steward in the protection of its resources.

B.    The municipality believes that traditional uses of the Nahku Bay Conservation Area for recreation, quiet and solitude is an extremely important local public use that should receive full consideration regarding ownership and management of the area.

C.    It is the municipality’s goal to preserve the Nahku Bay Conservation Area, to maintain its public ownership and to preserve the traditional and historic recreational uses of the area. To this end, the municipality of Skagway shall implement this land management plan, in cooperation with the state of Alaska, other adjoining property owners and the public.

(Ord. 17-02, Added, 04/06/2017)

16.14.020 Description of area.

All municipal property of US Survey 3307 that is located at the head of the Nahku Bay inlet and south of the Dyea Road, referred to below as the beach area.

(Ord. 17-02, Added, 04/06/2017)

16.14.030 Allowed/prohibited uses.

In order to protect the scenic, historical, ecological and archaeological resources of the Nahku Bay Conservation Area, the following allowed and prohibited uses are adopted for the beach area:

A.    Allowed Recreational Uses (Noncommercial).

1.    Walking, skiing, bicycling, snowshoeing;

2.    Boating, canoeing, rafting, kayaking, stand-up paddle boarding;

3.    Off-leash dog walking;

4.    Interpretation, public education;

5.    Picnicking;

6.    Beachcombing;

7.    Swimming;

8.    Remote control airplanes;

9.    Fishing (in compliance with state/federal regulations):

10.    Bird/wildlife watching;

11.    Edible plant gathering;

12.    Driftwood and seaweed harvest;

13.    Horseback riding;

14.    Fire in provided fire ring;

15.    Other traditional/day use recreation uses compatible with the management intent of the area.

B.    Allowed Recreation Uses with Permit (Noncommercial).

1.    Use of the Nahku Bay Conservation Area by organized groups for "allowed uses" (as in subsection (A) of this section);

2.    Research and inventory related to historic and biological resources;

3.    Use of the Nahku Bay Conservation Area for low impact special events, particularly those that benefit nonprofit groups;

4.    Use of the Nahku Bay Conservation Area for public safety training, such as cold water rescue and kayak safety.

C.    Commercial Uses. There shall be no preexisting rights. Commercial recreational uses are allowed by permit with the following provisions:

1.    Commercial activity is prohibited in the Nahku Bay Conservation Area except for permit holders for low impact, sustainable harvesting of plants, driftwood and seaweed for cottage industry usage.

a.    Exempt from subsection (C)(3)(e) of this section.

2.    Commercial activity is prohibited in the Nahku Bay Conservation Area except for permit holders providing cold water rescue and kayak safety training.

a.    The number of permit holders shall be restricted to four (4);

b.    Maximum group size of twelve (12);

c.    Each vendor is limited to one (1) training in the Nahku Bay Conservation Area at one (1) time and only two (2) per year;

d.    Other elements of the "Agreement for Limited Commercial Use of the Nahku Bay Conservation Area" shall be directly negotiated with each vendor through the borough manager;

e.    Conditions of the contract with each vendor shall be subject to borough manager approval; and

f.    There shall be an annual review of each vendor by the borough manager following the end of the tourist season each year.

3.    General Provisions.

a.    Permit holders are responsible for complying with all state, federal and local laws applicable to their activities.

b.    Permit holders shall reimburse the municipality of Skagway for any damages to municipal property caused by the permit holder’s activities.

c.    Permit holders shall have in their possession at all times the permit issued pursuant to this section.

d.    Permit holders, as a condition of receiving a permit, shall execute an instrument under the terms of which the permit holder will agree to indemnify, defend and hold harmless the municipality of Skagway from any and all claims for injury or damage to person or property as a result of the permit holder’s activities.

e.    Municipality of Skagway requires a certification of insurance showing the permit holder has obtained at least two million dollars ($2,000,000.00) combined single limit public liability insurance. This certificate must establish that the municipality is named as an additional insured on such policy, and that the insurer thereof shall notify the municipality twenty (20) days before the policy is modified, canceled, or terminated.

f.    Permit holders are responsible for compliance with permit conditions. Any person listed on a permit issued shall be deemed to be jointly and severally liable for any violation of this chapter by any person or employee operating under the permit.

g.    Permits authorized under this chapter are not transferable, and shall revert back to the municipality in the event of any abandonment or failure to perform.

h.    Permits may be terminated by the municipality at any time.

D.    Prohibited Uses.

1.    Commercial activities including tours, rentals, retail sales or any other uses where compensation is made or offered;

2.    Operation of any motor vehicle (including snow machine, ATVs, motorcycles and mopeds);

3.    Camping;

4.    Fires outside of designated area;

5.    Tree cutting/gathering except deadfalls used for fires in the Nahku Bay Conservation Area’s designated fire pit; excluding municipal maintenance activities;

6.    Dumping of any fill or refuse;

7.    Subdivision and/or sale of public lands;

8.    Residential, industrial and commercial structures or other intensive developments;

9.    Grazing;

10.    Any regular stops on a public or private commercial transportation route, with the exception of transportation for permitted events.

(Ord. 17-02, Added, 04/06/2017)

16.14.040 Permits and fees.

A.    Permits. The borough manager shall establish a system for the permitting of uses requiring such permits as identified in SMC 16.14.030(B) and (C). Permits shall be obtained prior to the conduct of any of the intended uses.

B.    Fees. The borough assembly shall establish by resolution a schedule of fees when and if such fees are determined necessary.

(Ord. 17-02, Added, 04/06/2017)

16.14.050 Penalties.

A.    Damage to Public Property or Resources. The permit holder shall be responsible for any damages to any public land, road, trail, facility or natural resource including trees, waters or wildlife, and shall pay actual costs of remediation of these damages.

B.    Impact upon the Quiet Enjoyment of Public Lands by Noncommercial Users. Complaints by noncommercial users of public lands filed with the Skagway police department against any commercial operator may result in citation.

C.    Any violation of this code is a noncriminal infraction, punishable by a civil penalty up to three hundred dollars ($300.00) per violation. Each act or violation and every day upon which a violation occurs or continues constitutes a separate offense.

D.    Grievance Procedure. Any reported violation of this code may result in a correction order issued by the borough manager under SMC 5.01.050. An appeal of such correction order may be filed as provided in SMC 5.01.070, Appeal to borough assembly.

(Ord. 17-02, Added, 04/06/2017)