**PREAMBLE**

**TO THE**

**SUPERINTENDENT'S COMPENDIUM**

**2005**

**DENALI NATIONAL PARK AND PRESERVE**

**PREAMBLE**

The proposed compendium was available for comment from January 1 --
February 15, 2005. The following preamble addresses comments received by
the park on the proposed compendium. Groups or organizations who
commented are identified in the discussion.

The park received consolidated comments from the Wilderness Society,
National Parks Conservation Association and the Alaska Center for the
Environment, general comments from the State of Alaska, and comments
from two individuals.

**GENERAL COMMENTS:**

**Determinations:**

The State of Alaska (State) recommended that the National Park Service
(NPS) consolidate all determinations for each park as an attachment to
the compendium, unless needed in the body of the document to clarify
intent or provide an educational component. The State noted that the
development and formatting of the justifications is an evolving process
towards better determinations.

The National Park Service (NPS) will incorporate the State's suggestion
by attaching lengthier determinations to the compendium, either in the
document itself or as a separate attachment. Shorter determinations will
accompany an individual compendium entry to facilitate reader
understanding or provide an educational component.

**Use of state law**

The State expressed their appreciation of the NPS's willingness to
consider the use and applicability of state law in certain cases.
Although the mission of the National Park Service and the objectives of
the State of Alaska will sometimes conflict, we appreciate the
opportunity to work cooperatively with the State where ever possible.

**Compendiums as educational tools:**

The State commented that the compendia may be a type of educational tool
and supports the use of the compendia in that effort.

The NPS is supportive of the State's desire to see the document used for
education and to encourage responsible behavior. It should be noted,
however, that the primary purpose of the compendiums is to serve as a
compilation of designations, closures, openings and other restrictions.
Where possible, and not conflicting with the primary purpose,
educational material may be used.

**Converting compendium entries into regulation**

The State suggested converting several compendium entries into
regulation if it appears those entries are reasonable and not likely to
change over time.

The NPS appreciates the support to move some compendium entries to
regulation, and will be guided by the determining criteria at 36 CFR
1.5, 13.30 and other relevant sections or those items where regulations
would better serve the conservation of resources and visitor's ability
to enjoy the parks,.

**36 CODE OF FEDERAL REGULATIONS SPECIFIC COMMENTS:**

**1.5(a)(1) Visiting hours, public use limits, closures**

The State commented favorably on the proposed revision of the Sable Pass
Wildlife Viewing Area closure to ease on-the-ground identification and
encouraged the NPS to seek a park-specific regulation if the NPS intends
to renew the closure each year.

The NPS appreciates the comments and intends to pursue this entry as
part of a rule making package.

**1.5(a)(2) Wildlife Distance Conditions**

The State objected to applying conditions beyond the vicinity of the
park road and requested that the proposal recognize circumstances where
a person is unknowingly closer than 300 yards or where bears knowingly
approach stationary people. The State also requested that the park not
apply these conditions to legal hunting activities.

The park agrees that the conditions should not apply to legal hunting
activities. The park believes that applying the 300 yard separation
distance outside of the park road area is prudent given the terrain,
topography, and vegetation specific to Denali. The restriction is
reasonable and is required to maximize safety to bears and people.
Applying these distance conditions in backcountry areas allows visitors
to see and enjoy bears under natural conditions without restricting
viewing opportunities or altering bear behavior.

The Wilderness Society, National Parks and Conservation Association and
the Alaska Center for the Environment (TWS/NPCA/ACE) objected to
reducing the minimum distance to be maintained around wolf dens.

The park has and will continue to institute and post temporary closures
with at least a one mile radius around known wolf den sites and
appropriately sized closures around other sensitive den and nest sites.
The original proposal was intended for those situations in which persons
inadvertently happened upon a wolf den and to standardize distance
conditions. The section has been revised to read:

"Occupied dens of wolves, fox, lynx, wolverine or coyote or any raptor
nest may not be approached closer than 100 yards."

Two individuals felt the proposed wildlife viewing distances were too
restrictive, that they placed additional restrictions on commercial
photographers, and were confusing. The comments asserted that the NPS
should promote the habituation of animals to humans in the interest of
public safety. The comments expressed the view that as long as wildlife
is approaching people, and people not approaching wildlife, there is no
unacceptable jeopardy to wildlife, but rather a benefit. The individuals
questioned why there was a difference in distance restrictions between
parks in Alaska and also the Lower 48.

The park believes that promoting wildlife habituation is not in the
interest of public safety. Habituation increases the chances of
wildlife-human conflict and the risk of food conditioning. It puts not
only wildlife but humans in jeopardy. Habituation can result whenever
people and wildlife are in close proximity, regardless of who approached
who. Habituation of wildlife is completely contrary to the mission and
policies of the NPS. The park believes there are differences in bear
populations within Alaska, and the Lower 48, which necessitates
different distance restrictions.

In responses to the comments about viewing distances, the park has
changed the section to read:

"In the absence of a hard sided building or vehicle, no person may
knowingly approach to within 300 yards or less of a grizzly bear, or
allow a bear to approach them without attempting to avoid the bear or
discourage its approach. Persons adjacent to a vehicle or entrance to a
hard sided building may not approach or allow approach by a grizzly bear
closer than 25 yards. "Adjacent to" is defined as within 2 yards of. No
person may leave the safety of a vehicle or hard sided building when a
grizzly bear is within 25 yards."

"These distances do not apply to persons engaged in lawful hunting
activities in the park additions and preserve."

"Occupied dens of wolves, fox, lynx, wolverine or coyote or any raptor
nest may not be approached closer than 100 yards."

[]{.mark}

**2.2(d) Established conditions and procedures for transporting lawfully
taken wildlife through the park area**

The State of Alaska requests deletion of the following paragraph:

*All legally taken game from Kantishna transported on the park road by
motor vehicle must be transported out of the Park without unnecessary
delay. Meat and other animal parts must be completely covered, secured,
and out of view.*

The State recognizes that transporting game may be a concern as an
animal attractant and requests the NPS address the concern by enforcing
state law.

The park appreciates the support for greater law enforcement, but
believes this is only one element of a complex issue, and will retain
the entry. The vast majority of visitors on the park road come to see
live wildlife in an area of the park where hunting is expressly
prohibited. This requirement is intended to allow transport of legally
taken game across Park lands that avoids undesirable encounters with
bears or other scavengers, protects public safety and avoids unwarranted
public accusations that an illegal hunt may have taken place in the
Park.

**2.2(e) Designated areas for wildlife viewing with artificial light**

The State noted that state law changed in 2004, and requested revised
language.

The NPS did not have adequate time to consider whether the changes in
state law allowing for the use of artificial light for taking wildlife
should be adopted. Specifically, we need additional time to consider
whether the use of light for taking furbearers is appropriate use in
Alaska park areas. We will continue to discuss this issue with the
State.

**2.3(d)(2) Waters Open to Bait Fishing in Fresh Water**

The State of Alaska has suggested adoption of compendium entries that
will bring the NPS fishing regulations in Alaska into conformity with
State Regulations.

The Alaska specific regulation permitting fishing in park areas, 36 CFR
13.21, adopts applicable State and Federal law to the extent not
inconsistent with 36 CFR 2.3. The NPS believes that any compendium
entries must continue to be consistent with the regulations in Section
2.3.

**2.10(d) Food storage -- designated areas and methods**

TWS/NPCA/ACE supported the proposed changes in Kenai Fjords and Lake
Clark's compendiums clarifying what type of containers qualify as bear
resistant food containers and supported the concept of keeping bears
wild and visitors safe by keeping bears away from human food.

The State of Alaska recommended a consistent approach, where necessary
and applicable, to listing approved bear resistant food containers and
the opportunity to discuss and change requirements as emerging
technologies arise. The State encouraged the use of state law and
continued dialogue on best food storage methods. The State objected to
blanket, park-wide requirements. The State commented on a perceived
technical problem with the use of the terms "wire or branch." The State
encouraged the use of the compendium as an educational tool on the food
storage issue.

The NPS appreciates the support of the proposed Kenai Fjords and Lake
Clark entries. The NPS believes that some parks may be able to narrow
the scope of where food storage is required, but recognizes due to
logistical concerns and the differences in parks, that that goal may not
be achievable. The NPS is encouraged that continuing dialogue, along
with new technology, will continue to positively influence this issue,
protecting both park resources and visitors without unduly burdening
park visitors. The NPS concurs that education is an important component
to this issue. The technical issue of terms will be addressed, using the
term "line" instead of "wire" to avoid confusion.

The State also requested that parks that offer Bear Resistant Containers
for free of charge notify the public of this in the compendium. The NPS
will adopt this recommendation.

Several parks, including Denali National Park and Preserve, will adopt
the Bear Resistant Container definition.

**2.13(a)(1) Fires -- designated areas and conditions**

The State of Alaska commented that Denali's provision is more
restrictive than the previous year and that there appear to be omissions
from the previous year.

This entry was revised based on the new regulations in Subpart C, but
exceptions that apply within the former Mt McKinley National Park but
outside the Frontcountry Developed Area were inadvertently left out.
This error will be corrected.

**2.15(a)(1) Pets**

The State of Alaska prefers a course of rule making as opposed to
compendium restrictions on pets, noting their opposition to the
backcountry prohibition at Denali, complementing Kenai Fjords for
limiting temporally and spatially the restrictions, and Glacier Bay for
seeking further public comment on their pet compendium entry. The State
believes that rule making would allow for greater public input. The
State acknowledges that in some instances and with certain caveats,
site-specific pet prohibitions may be warranted if resource impacts
outweigh the public's desire to allow pets.

TWC/NPCA/ACE supports the restrictions of pets in Denali's backcountry
and believes all parks should receive similar protection; pets should be
limited to roads, parking lots and campgrounds to protect Alaska's
outstanding populations of wildlife.

While the NPS believes that the current regulations give the parks
adequate means to manage pets, we are willing to consider specific
rulemaking appropriate for Alaska national parks. We hope to include
Denali, along with Kenai Fjords and Glacier Bay in a Phase II special
regulation package. In the meantime, we intend to implement the proposed
language for this section.

**2.19(b) The towing of persons on skis, sleds, or other sliding devices
by motor vehicle or snowmobile is prohibited, except in designated areas
or routes**

The State of Alaska suggested adding the existing regulatory exception
to sleds towed behind a snowmobile with a rigid hitching mechanism.

The language of the compendium reflects the language in the regulation.
Because the regulation expressly exempts sleds designed to be towed
behind snowmobiles and joined with a rigid hitching mechanism, the NPS
does not believe this addition is necessary.

**3.20(a) Water skiing: designated waters**

TWS/NPCA/ACE opposed the opening of Denali, Gates of the Arctic, Yukon
Charley and Kenai Fjords to water skiing. The also commented on Sitka
dropping this entry. Additionally, they recommended that Glacier Bay,
Katmai, Wrangell-St. Elias, Western Arctic, Lake Clark and Klondike
close their waters to skiing.

Denali, Gates of the Arctic, Yukon Charley and Kenai Fjords were
unintentionally shown as open in the proposed compendium. They will
remain closed. Sitka does not have jurisdiction over waters off the
coast, therefore the entry was dropped as not relevant. The parks
currently open to water skiing will weigh their existing use versus the
default prohibition on water skiing and develop a determination to
continue water skiing or use the default prohibition. Water skiing is on
a very small scale, if it exists at all. If water skiing becomes a
problem -- such as a safety concern, conflict with user groups or
resource concerns - it can be addressed in future compendiums. For some
parks, the determination to open to water skiing is a long standing one;
other parks over the last several years determined to allow the activity
as a very small number of individuals have water skied, for instance, on
Fourth of July. It is within the authority of individual
Superintendent's to designate areas open if that is appropriate in their
individual areas. Parks will continue to evaluate this on a park-by-park
basis.

**3.23(a) SCUBA and snorkeling: designated conditions in swimming,
docking and mooring areas**

The State suggested that the NPS delete the "etc." from the heading in
the compendium and mirror the regulation and refer to "mooring areas."
The NPS agrees with this suggestion and has adopted it.

**13.17(e)(4)(i) Designating existing cabins, shelters or temporary
facilities that may be shared for subsistence uses without a permit**

The State requested parks consider whether specific park cabins are
routinely used for subsistence purposes during particular times of the
year and designate those cabins.

The NPS agrees with this approach for subsistence purposes. However,
parks will continue to address the issue of designating cabins for
subsistence uses on a park-by-park basis. Many parks may chose to manage
cabins as a shared resource between subsistence and other public uses.
Denali currently uses the requested approach.

**13.17(e)(5)(i) Designated cabins for general public use.**

The State recommended that parks adopt language giving the public short
term authority to use the cabins for up to 14 days, similar to language
used in the Glacier Bay compendium.

Western Arctic and Wrangells will use the suggested language in the
Glacier Bay proposed compendium. However, because there are
significantly different circumstances in each park, a one-size-fits-all
approach is not possible for cabin management. For example, after
reviewing the Glacier Bay proposed compendium, other than the designated
public use cabin, all other cabins are associated with commercial
fishing under an exclusive use permit. Glacier Bay will not use the
proposed language. Denali will also not use the suggested language.

**13.21(e) Temporary closures to the taking of fish and wildlife**

The State commented that the NPS should also reference the federal
subsistence regulations in this section as they apply to Preserve lands
and recommended language.

The NPS does not believe the federal subsistence regulations should be
referenced under 13.21(e). We interpret 13.21(b) and (d) to apply only
to the taking of fish and wildlife for other than subsistence.

**13.63(b) Backcountry camping**

The State of Alaska voiced a concern about requiring camping permits in
the winter and in remote, uncrowded areas where resource protection is
not an issue.

The NPS believes that the recent rule making was an excellent start at
resolving some long standing concerns of the State and looks forward to
continue working at resolutions, possibly in future rulemaking (Phase
II) or in the context of the Denali Backcountry Management Plan.

**43 CFR 36.11(g)(1) ORV's on existing trails**

The State commented that most parks do not have designated trails and
requested that the NPS designate trails, where appropriate.

The NPS continues to evaluate current ORV use in park units and access
needs. Wrangells, for example, has requested funding for environmental
assessments. Any authorization for ORV use in Alaska park areas will
proceed in accordance with applicable federal law, including the
National Environmental Policy Act.

**DENALI NATIONAL PARK AND PRESERVE**

**COMPENDIUM**

**2005**

National Park Service (NPS) regulations applicable to the protection and
equitable public use of units of the National Park System grant
specified authorities to a park superintendent to allow or restrict
certain activities. NPS regulations are found in Titles 36 and 43 of the
Code of Federal Regulations (CFR) and created under authority and
responsibility granted the Secretary of Interior in Titles 16 and 18 of
the United States Code. The following compendium comprises a listing of
NPS regulations that provide the Superintendent with discretionary
authority to make designations or impose public use restrictions or
conditions in park areas. The applicability and scope of the compendium
is articulated in 36 CFR Sections 1.2 and 13.2, and 43 CFR Section 36.1.

The larger body of NPS regulations that do not provide discretionary
authority to the Superintendent is not cited in this compendium. A
complete and accurate picture of regulations governing use and
protection of the unit can only be gained by viewing this compendium in
context with the full body of applicable regulations found in Titles 36
and 43 CFR. *Please contact Denali National Park and Preserve, Denali
Park, Alaska at (907) 683-2294, for questions relating to information
provided in this compendium.*

##### TITLE 36 CODE OF FEDERAL REGULATIONS

**PART 1. GENERAL PROVISIONS**

**1.5 Closures and public use limits**

**(a)(1) Visiting hours, public use limits, closures**

> [Sable Pass Wildlife Viewing Area]{.underline}

(a) Entry into the Sable Pass Wildlife Viewing Area is prohibited from
    May 1 to September 30, except as may be specifically authorized by
    the Superintendent.

(b) The Sable Pass Wildlife Viewing Area is generally defined as the
    area within one mile of the shoulder of the Park Road between Mile
    38 and Mile 43, excluding the Tatler Creek drainage. A map that
    defines the specific boundaries of the closure is available for
    inspection at the park visitor center and on the park website. Signs
    posted on the park road indicate the beginning and end of the
    closure area.

> *This closure provides one limited area along the park road where all
> visitors have an equal opportunity to view wildlife, undisturbed, in a
> natural setting. This enhances the experience of the majority of park
> visitors by increasing their chances of seeing park wildlife. The
> majority of visitors along the park road ride the buses as part of the
> Tundra Wildlife Tour. Theses buses often turn around at Toklat and do
> not traverse the other scenic high alpine passes, thus missing likely
> alpine bear viewing areas such as Highway Pass and Thorofare Pass.*
>
> See specific sections in this document for additional information
> regarding closures, visiting hours, and public use limits. Information
> on temporary and emergency closures is available at the Park Dispatch
> Office.

**(a)(2) Designated areas for specific use or activity or conditions**

> [Wildlife Distance Conditions:]{.underline}
>
> A minimum distance of 25 yards must be maintained from caribou, moose,
> Dall sheep, wolves, black bears, and any active nest or occupied den
> site.
>
> "In the absence of a hard sided building or vehicle, no person may
> knowingly approach to within 300 yards or less of a grizzly bear, or
> allow a bear to approach them without attempting to avoid the bear or
> discourage its approach. Persons adjacent to a vehicle or entrance to
> a hard sided building may not approach or allow approach by a grizzly
> bear closer than 25 yards. "Adjacent to" is defined as within 2 yards
> of. No person may leave the safety of a vehicle or hard sided building
> when a grizzly bear is within 25 yards."
>
> "Occupied dens of wolves, fox, lynx, wolverine or coyote or any raptor
> nest may not be approached closer than 100 yards."
>
> Failure to maintain minimum distance requirements from wildlife is
> prohibited.
>
> These restrictions do not apply to persons engaged in lawful hunting
> and activities in the park additions and preserve.
>
> *These distance restrictions are meant to apply a minimum buffer
> around wildlife to prevent negative encounters between humans and
> wildlife and to protect wildlife from habituation to humans.*
>
> See specific sections in this document for additional information
> regarding designated areas and conditions for engaging in certain
> activities.
>
> See specific sections in this document for additional information
> regarding visiting hours, public use limits, and closures.

**1.6(f) Compilation of activities requiring a permit**

-   Scientific research, 1.5

-   Collecting research specimens, 2.5

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-   Camping, 2.10(a), 13.63(i)

-   Operating a power saw in developed areas, 2.12(a)(2)

-   Operating a portable motor or engine in undeveloped areas,
    2.12(a)(3)

-   Operating a public address system, 2.12)(a)(4)

-   Air delivery, 2.17(a)(3)

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-   Noncommercial soliciting, 2.37

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-   Using, possessing, storing, or transporting explosives, blasting
    agents, or explosive materials, 2.38(a)

-   Using or possessing fireworks and firecrackers, 2.38(b)

-   Special events, 2.50(a)

-   Public assemblies and meetings, 2.51(a)

-   Sale and distribution of printed matter, 2.52(a)

-   Grazing, 2.60(a)(1), (2)

-   Residing on federal lands, 2.61(a)

-   Installing a monument or other commemorative installation, 2.62(a)

-   Commercial notices or advertisements, 5.1

-   Commercial operations, 5.3

-   Commercial photography or filming, 5.5

-   Construction or repair of any building, structure, facility, road,
    trail, or airstrip on federal lands, 5.7

-   Mining operations (9.9(a)) or an approved Plan of Operations (in
    lieu of permit))

-   Cabins on federal lands-

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-   General use and occupancy, 13.17(e)(1), (2))

-   Commercial fishing, 13.17(e)(3)

-   Subsistence-exclusive use, 13.17(e)(4)(i)

-   Temporary (over 14 days) facilities in Preserve for taking of fish
    and wildlife, 13.17(e)(7)

-   Cabins otherwise authorized by law, 13.17(e)(8)

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-   Subsistence use in the Park by person who does not live within the
    Park boundary or a resident zone community, 13.44(a)

-   Using aircraft access for subsistence activities in the Park,
    13.45(a), 13.45(b)(1)

-   Cutting of live standing timber greater than 3 inches in diameter
    for non-commercial subsistence uses, 13.49(a)(1)

• Travel on the Denali Park road beyond Mile 14.8, 13.63(d)

• Climbing Mt. McKinley or Mt. Foraker, 13.63(f)

-   Access to inholdings where access is not made by aircraft,
    snowmachine, motorboat or non-motorized surface transportation, 43
    CFR 36.10(b)

-   Salvaging, removing, possessing aircraft, 43 CFR 36.11 (f)(3)(ii)

-   Helicopter landings, 43 CFR 36.11(f)(4)

-   Off-road vehicle (ORV) use, 43 CFR 36.11(g)(2)

-   Temporary access across federal land for survey, geophysical or
    exploratory work, 43 CFR 36.12(c)

• Long term aircraft parking, McKinley Airstrip, PL 101-512 and Policy
Circular A-25

**PART 2. RESOURCE PROTECTION, PUBLIC USE AND RECREATION**

**2.1(a)(4) Designated areas for collection of dead wood on the ground
for firewood**

> Visitors may gather dead and down wood only in the immediate area,
> (within short walking distance), of the campground where they are
> staying. Firewood may not be gathered within view of existing roads.
> Gathering wood for campfires in the backcountry (area outside the
> Frontcountry Developed Area) is not allowed between April 15 and
> September 30. See also, section 2.13. These restrictions apply only in
> the pre-ANILCA area of Denali National Park and Preserve (formerly Mt.
> McKinley National Park).

###### Superseded by in part by 13.20(c)(4), 13.20(d), and 13.49(b) in the Park additions and Preserve.

2.1(a)(5) Designated areas and conditions for walking on, climbing,
entering, ascending, descending, or traversing an archeological or
cultural resource, monument, or statue

> No designated areas or conditions.

**2.1(b) Designated trails**

No restrictions on walking or hiking.

**2.1(c)(1)-(3) Designated fruits, nuts, berries, and unoccupied
seashells to harvest by hand and collection restrictions**

###### All edible fruits, berries, and nuts may be gathered by hand for personal use or consumption within the former Mt. McKinley National Park.

> *This designation serves to provide the broadest use and enjoyment of
> the park in the least restrictive manner so long as there is no
> adverse affect to park wildlife, the reproductive potential of a plant
> species or otherwise adverse affect of park resources.*

###### Superseded in part by 13.20(c) and 13.49(b).

**2.2(d) Established conditions and procedures for transporting lawfully
taken wildlife through park areas**

> All legally taken game from Kantishna transported on the park road by
> motor vehicle must be transported out of the Park without unnecessary
> delay. Meat and other animal parts must be completely covered,
> secured, and out of view.
>
> *This requirement is intended to allow transport of legally taken game
> across Park lands that avoids undesirable encounters with bears or
> other scavengers, protects public safety, and avoids unwarranted
> public accusations that an illegal hunt may have taken place in the
> Park.*

See also 13.21(d)(5).

**2.2(e) Designated areas for wildlife viewing with artificial light**

> No areas designated for closure. For sport hunting, state law
> generally prohibits the use of artificial light. Federal subsistence
> hunting regulations prohibit the use of artificial light in most
> areas. Federal subsistence hunting regulations provide for the use of
> artificial light in some circumstances. 50 CFR Section 100.26(b)(8).

**2.3(d)(2) Fresh waters designated as open to bait fishing with live or
dead minnows or other bait fish, amphibians, nonpreserved fish eggs or
fish roe**

No waters are designated as open to fishing with the types of bait
identified above. Other types of bait may be used in accordance with
state law. Subsistence fishing is allowed in accordance with 36 CFR part
13 and 50 CFR part 100.

**2.3(d)(8) Designated areas open for fishing from motor road bridges
and public boat docks**

> All areas are designated as open for fishing from motor road bridges
> and boat docks.

**2.4 (a)(2)(i) Carrying, using, or possessing weapons at designated
locations and times**

> Weapons and traps may not be carried or used within Denali National
> Park within the area known as Mt. McKinley National Park prior to the
> passage of ANILCA. ([Note]{.underline}: see 2.4(a)(3), which
> authorizes possession of unloaded weapons within a temporary lodging
> or mechanical mode of conveyance when made temporarily inoperable or
> are packed, cased or stored in a manner that will prevent their ready
> use).
>
> *The intent of this requirement is to provide maximum wildlife
> protection by not allowing the carrying of weapons or traps within the
> former Mt. McKinley National Park unless the unloaded weapon is broken
> down or made inaccessible during transport.*
>
> See also 13.19(b)-(f).

**2.10(a) Camping: conditions and permits**

Superseded in part by 13.18(a), 13.63(b), (i).

**2.10(d) Food storage: designated areas and methods**

> **1. Definitions:**

A *bear resistant container* (BRC) means an item constructed to prevent
access by a bear. BRC's include---

-   Items approved by the Department of Interior and Agriculture's
    Interagency Grizzly Bear Committee
    (<http://www.fs.fed.us/r1/wildlife/igbc/>);

-   Items approved by the National Park Service's Sierra Interagency
    Black Bear Group
    (<http://www.nps.gov/seki/snrm/wildlife/sibbwg.htm>);

-   Any additional items listed by the State of Alaska, Department of
    Fish and Game, Division of Wildlife Conservation
    (http://www.wildlife.alaska.gov/aawildlife/containers.cfm#lightweight),
    with the concurrence of the Superintendent; and

-   Items approved by the Superintendent.

> **2. Frontcountry Developed Area (FDA)**
>
> Food and beverages, food and beverage containers, garbage and
> harvested fish must be stored in a bear resistant container (BRC) or
> secured---

-   Within a hard sided building;

-   Within a lockable and hard sided section of a vehicle, vessel, or
    aircraft; [or]{.underline}

-   By caching a minimum of 100 feet from camp and suspending at least
    10 feet above the ground and 4 feet horizontally from a post, tree
    trunk or other object on a line or branch that will not support a
    bear's weight.

    Note: This does not apply to:

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-   Clean dishes and cooking equipment that are free of food odors.

-   Food that is being transported, consumed or prepared for
    consumption.

-   Bait being used for trapping and hunting under the provisions of
    state and federal law in the park additions and preserve.

> **3.  Αll areas outside the FDA (backcountry)**
>
> The use of bear resistant food containers (BRCs) is mandatory in the
> following backcountry zones from April 14 through October 1. BRCs are
> recommended for all other backcountry zones not listed here.
>
> BACKCOUNTRY ZONE

# No. Name BRC

> 1 Triple Lakes Required
>
> 2 Riley Creek Required
>
> 3 Jenny Creek Required
>
> 4 Upper Savage Required
>
> 5 Upper Sanctuary Required
>
> 6 Upper Teklanika Required
>
> 7 Upper East Fork Required
>
> 8 Polychrome Glaciers Required
>
> 9 East Branch Upper Toklat Required
>
> 10 West Branch Upper Toklat Required
>
> 11 Stony Dome Required
>
> 12 Sunset /Sunrise Glaciers Required
>
> 13 Mount Eielson Required
>
> 14 McKinley Bar East Required
>
> 15 McKinley Bar West Required
>
> 16 Windy Creek Required
>
> 17 Foggy and Easy Pass Required
>
> 18 Upper Glacier Creek Required
>
> 19 Pirate Creek Required
>
> 20 McGonagall Pass Required
>
> 21 Muddy River Required
>
> 24 Mount Healy Required
>
> 25 Healy Ridge Required
>
> 26 Primrose Ridge Required
>
> 27 Mount Wright Required
>
> 28 Sushana River Required
>
> 29 Igloo Mountain Required
>
> 30 Tributary Creek Required
>
> 31 Polychrome Mountain Required
>
> 32 Middle Toklat Required
>
> 33 Stony Hill Required
>
> 34 Mount Galen Required
>
> 35 Moose Creek Required
>
> 36 Jumbo Creek Required
>
> 37 Lower East Fork Required
>
> 38 Lower Toklat Required
>
> 39 Stony Creek Required
>
> 40 Clearwater Fork Required
>
> 41 Spruce Peak Required
>
> 42 Eureka Creek Required
>
> 43 Eldorado Creek Required

• In treeless areas where BRCs are not required, at a minimum food shall
be stored in double wrapped plastic at least 100 feet downstream/hill
from campsite.

• In forested areas where BRC's are not required, at a minimum food
shall be suspended at least 10 feet above the ground and four feet
horizontally from a post, tree trunk, or other object, and at least 100
feet down-wind and visible from tent sites.

• Backcountry parties that have special needs due to size of their
party, length of stay, mountaineering logistics, etc., must obtain
permission of the Chief Ranger or his/her designee to travel without
BRC\'s where otherwise required.

• BRCs are available for loan from the wilderness access center free of
charge. BRCs borrowed from the NPS must be returned within 48 hours of
returning from a backcountry trip.

*The intent of these designations is to prevent bears and other wildlife
from obtaining and habituating to food and garbage, thus protecting
wildlife and park visitors alike. We strongly recommend that dishes and
cooking equipment be securely stored; but clean and odor free items are
not required to be stored in secure containers. Ice chests and coolers,
tents, dry bags or stuff sacks, plastic packing boxes (Totes, Action
Packers, etc) and unmodified kayaks are not generally approved as BRC.
The park offers bear resistant containers for temporary use to the
public.*

**2.11 Picnicking: designated areas**

Superseded by 13.18(b).

**2.13(a)(1) Fires: designated areas and conditions**

> Campfires are prohibited in the former Mount McKinley National Park
> except 1) as provided in 13.63(i)(3) in the Frontcountry Developed
> Area, 2) in the area designated as Wilderness from October 1 through
> April 15, 3) in emergency situations.
>
> Campfires are authorized in the 1980 Park and Preserve Additions,
> except at the Kantishna Airstrip from April 15 through September 30.
>
> All trash (tinfoil, burnt food, glass, cans, etc) must be removed from
> the fire site after use.
>
> *These requirements are intended to ensure that wood sources are not
> depleted, visual and ecological impacts of campfires and cooking fires
> are limited in high use areas, and the risk of human caused wildfire
> is minimized. Fire rings attract trash and food residue as campers
> attempt to burn trash before leaving the area. High temperature
> impacts soils and impairs plant growth. Trampling and soil compaction
> occurs around fires rings as well. A written determination of need per
> 36 CFR 1.5(c) is attached.*

**2.14(a)(2) Sanitation and refuse: conditions using government
receptacles**

No conditions established at present. Dumping commercial, household, or
industrial refuse, brought in from private or municipal property, in
government receptacles is prohibited.

**2.14(a)(5) Sanitation: designated areas for bathing and washing**

No designated areas. Unless otherwise allowed by the Superintendent,
bathing and washing of cooking utensils, food and other property at all
public water outlets, fixtures, or pools is prohibited.

**2.14(a)(7) Sanitation: designated areas for disposal of fish remains**

There are no designated areas.

*Fish remains may not be disposed of on either land or water within 200
feet of public boat docks or designated swimming beaches, or within
developed areas for reasons of public health and safety.*

**2.14(a)(9) Sanitation: designated areas for disposal of human waste in
undeveloped areas**

> Human body waste will be deposited in cat-holes when the ground is not
> frozen, dug at least 100 feet from any surface freshwater source.
>
> *This requirement is intended to ensure that proper disposal of human
> waste occurs in the backcountry to protect water quality and visitor
> safety.*

**2.14(b) Sanitation: conditions concerning disposal, carrying out of
human waste**

> Toilet paper will be burned or removed as trash.
>
> Persons engaged in any travel (such as skiing, snowshoeing, aircraft
> landings) or activities (such as mountaineering, climbing, flight
> seeing, camping) in a glacier environment such as Mt. McKinley and
> other peaks and glaciers within the Park & Preserve must dispose of
> all human wastes according to the following guidelines:
>
> Use pit latrines where they are provided by the National Park Service,
> such as those typically located at the 7,000' & 14,000' base camps
> along the West Buttress route, the Ruth Glacier in the vicinity of the
> Mountain House landing area and elsewhere as provided. At locations
> without pit latrines, bag all human waste (feces) and carry it out or
> place it in a deep crevasse. On steeper technical routes outside of
> the West Buttress, the bag can be tossed away from the climbing route
> or shovel feces off and away from the route.
>
> *This requirement is intended to ensure that proper disposal of human
> waste occurs in the backcountry to protect water quality and visitor
> safety.*

**2.15(a)(1) Areas designated as closed to pets**

> For the Frontcountry Developed Area, see 13.63(i)(4). From May 1
> through September 30, pets are prohibited in all other areas of the
> park. This prohibition does not apply to---

-   dogs used for legal hunting in the park and preserve additions;

-   transportation during the winter months;

-   emergency search and rescue missions; or

-   qualified service dogs accompanying persons with disabilities per
    the ADA.

> *This restriction serves to protect wildlife, park visitors, and NPS
> sled dogs from conflicts. A written determination of need per 36 CFR
> 1.5 is available in the office of the Superintendent and attached.*

**2.15(a)(3) Conditions for leaving pets unattended and tied to an
object**

> • Pets will not be left unattended in areas or in circumstances that
> they will create a nuisance to other visitors or cause a conflict with
> wildlife.
>
> • Pets will not be left in areas where food, water, shade, ventilation
> and other basic needs are inadequate.
>
> *This requirement is intended to ensure pets do not harass wildlife or
> disturb park visitors and also to ensure pets are properly cared for
> in the park. Leaving pets unattended and tied to an object is
> prohibited.*

**2.15(a)(5) Pet excrement disposal conditions**

> Pet feces must be removed from areas around buildings, parking areas,
> campgrounds, and the train depot.
>
> *This requirement is intended to keep commonly visited areas
> sanitary.*

**2.15(b) Conditions for using dogs in support of hunting activities**

No conditions at present.

> []{.mark}

**2.15(e) Pets of park residents**

> Permanent park residents may keep pets in accordance with the Denali
> National Park Housing Management Plan.

**2.16 (a)-(c) Horses and pack animals**

Superseded by 43 CFR 36.11(e).

Access for subsistence purposes under 36 CFR 13.46(a) supersedes this
section.

**2.17(a)(1) Aircraft operation**

Superseded by 43 CFR 36.11(f)(1).

> Use of aircraft in the Park for subsistence purposes is prohibited
> under 36 CFR 13.45.

[]{.mark}

**2.17(a)(2) Aircraft operation near docks, piers, swimming beaches and
other designated areas**

No areas prohibited.

**2.17(c)(1) Conditions for removing downed aircraft**

Superseded by 43 CFR 36.11(f)(3)(ii).

**2.18(c) Snowmobiles: designated areas for use**

> No areas designated for snowmachine use.
>
> The former Mt. McKinley National Park (old park) is closed to all
> snowmachine use under 36 CFR section 13.63(h).
>
> Only new Park and Preserve additions are superseded in part by 43 CFR
> 36.11(c) Special access. As authorized under 36 CFR 13.63 (h)(6) The
> Superintendent will determine when adequate snowcover exists and
> notify the public at such time.
>
> The use of snowmachines for subsistence uses in the new Park and
> Preserve additions ONLY, under 36 CFR 13.46(a) supersedes this
> section.

**2.19(a) Winter activities on roads and in parking areas: designated
areas**

> No special designations. Winter activities as listed in this section
> remain prohibited on all park roads and parking areas open to winter
> vehicle traffic.
>
> *Winter sports activities are not allowed on open roads and parking
> areas in order to separate such uses from vehicle traffic for reasons
> of public safety.*

**2.19(b) The towing of persons on skis, sleds, or other sliding devices
by motor vehicle or snowmobile is prohibited, except in designated areas
or routes**

No designated areas or routes.

**2.20 Skating and skateboards**

Superseded by 43 CFR 36.11(e).

See also 13.63(k).

**2.21 Smoking**

> All public buildings are closed to smoking unless specifically
> permitted and signed as a designated smoking area. Smoking is
> prohibited within 100 feet of the park fuel and aviation gas storage
> facilities.
>
> *These restrictions are intended to protect public health and public
> safety from fire or explosion around fuel storage facilities.*

**2.22 Property: leaving property unattended for longer than 24 hours**

Superseded by 13.22, 13.63(c).

**2.35(a)(3)(i) Alcoholic beverages: areas designated as closed to
consumption**

> Consuming or possessing opened alcoholic beverages on shuttle or
> concession tour buses is prohibited (see also 4.14(b)).
>
> *This requirement is intended to ensure park visitors have a quality
> experience and also protect visitor safety.*

**2.38(b) Fireworks: permits, designated areas, and conditions**

No areas designated for use of fireworks.

**2.51(e) Public assemblies/meetings: designated areas for public
assemblies**

All areas are open to public assembly with a permit from the
superintendent.

**2.52(e) Sale and distribution of printed matter: areas designated for
such use**

> Pursuant to a permit, the southwest corner of the Visitor Center deck
> is designated for this use.

**2.60(a)(3) Designated areas for grazing**

> Grazing of pack or saddle animals by private parties engaged in
> recreational activities within the Park or Preserve, is authorized
> without a permit within the Park and Preserve, not to exceed 14 days.
> Grazing associated with recreational activities shall be conducted
> utilizing best practice techniques based on Leave No Trace (LNT)
> principles and closely monitored and livestock moved regularly so as
> not to cause resource damage. Grazing practices will conform to the
> terms and conditions of a backcountry permit where required for all
> overnight use. Any feed brought in must be "weed free".
>
> *These restrictions seek to minimize the impact of extended camps and
> associated grazing on vegetation.*

**2.62(b) Memorialization: designation of areas for scattering ashes**

> All areas are open to scattering of ashes without a permit with the
> exception of developed areas, campgrounds, and park facilities. The
> excepted areas require a permit.

**PART 3. BOATING AND WATER USE ACTIVITIES**

**3.3 Permits**

No permits required at present.

**3.6(i) Boating, prohibited operations: designated launching areas**

All areas are open to launching of boats.

**3.6(l) Operating a vessel in excess of designated size**

No maximum size designations at present.

**3.20(a) Water skiing: designated waters**

No areas designated open.

**3.21(a)(1) Swimming and bathing: areas designated as closed**

All areas are open to swimming and bathing.

**3.23(a) SCUBA and snorkeling: designated conditions in swimming,
docking, and mooring areas.**

No conditions established at present.

**PART 4. VEHICLES AND TRAFFIC SAFETY**

**4.10 Routes or areas designated for off-road motor vehicle use in
Preserves**

No routes or areas designated.

See also 43 CFR 36.11(g).

**4.11(a) Load weight and size limits: permit requirements and
restrictive conditions**

> Vehicles over 22 feet long, 12 feet high and 8 feet wide that use the
> Denali Park road beyond Teklanika are subject to restricted hours of
> travel unless specifically authorized by the superintendent.

**4.21(b)-(c) Speed limits: designation of a different speed limit**

> Except where other speed limits are posted by sign, the speed limit
> along the Denali Park road will not exceed 35 miles per hour.

**4.30(a) Routes designated as open to bicycles**

Superseded by 43 CFR 36.11(e).

See also 13.63(j).

**4.30(d)(1) Wilderness closed to bicycle use**

Superseded by 43 CFR 36.11(e).

See also 13.63(j).

**4.31 Hitchhiking: designated areas**

> Hitchhiking is allowed along Alaska Highway 3 as defined by State Law.

**PART 5. COMMERCIAL AND PRIVATE OPERATIONS**

**5.7 Construction of buildings, roads, trails, airstrips, or other
facilities**

Maintenance of established landing strips utilizing non-motorized hand
tools is not considered construction or repair and no permit is
required.

**PART 13. ALASKA REGULATIONS**

**SUBPART A -- PUBLIC USE AND RECREATION**

13.17(d)(8)(ii), (iv) Established conditions for removal of cabin for
which a cabin permit has been denied, expired, or revoked

No conditions established at present (may require access permit).

**13.17(e)(4)(i) Designated existing cabins, shelters or temporary
facilities that may be shared for subsistence uses without a permit**

DENA 20 Castle Rocks Lake

> DENA 76 Slippery Creek
>
> DENA 92 Muddy River
>
> DENA 95 Birch Creek
>
> DENA 167 Fish Lake.

**13.17(e)(4)(vi) Established conditions and standards governing the use
and construction of temporary structures and facilities for subsistence
purposes, published annually**

No conditions or standards established at present.

**13.17(e)(5)(i) Designated cabins or other structures for general
public use**

> No cabins or structures designated for public use.

**13.17(e)(5)(ii) Established conditions and allocation system to manage
the use of designated public use cabins**

Not applicable.

**13.17(e)(7)(iv)(B) Established conditions for removal of temporary
facility used in excess of 14 days**

Individuals must remove facility, all personal property, and return the
site to its natural condition.

*These conditions are intended to protect the park from impacts to
vegetation and soil and to ensure that personal items are not left in
the park.*

**13.18(a)(1) Temporary closures and restrictions to camping**

See also 2.10, 13.63.

**13.18(a)(2) Site time limits: authorization to exceed 14 day limit at
one location**

No general exceptions at present.

**13.18(a)(3) Designated campgrounds: restrictions, terms, and
conditions**

See also 13.63(i).

**13.18(b) Picnicking-areas where prohibited or otherwise restricted**

No restrictions at present.

**13.19(b) Temporary closures or restrictions to carrying, possessing,
or using firearms**

There are no additional restrictions. For the former Mt. McKinley
National Park, see 2.4.

**13.20(d) Collection of dead standing wood: areas designated as open
and conditions for collection**

No designated areas. For the former Mt. McKinley National Park, see
2.1(a)(4).

13.20(f)(1) Natural features: size and quantity restrictions for
collection

No restrictions at present. For the former Mt. McKinley National Park,
see 2.1(c)(1)-(3).

13.20(f)(2) Natural features: closures or restrictions due to adverse
impacts

No restrictions at present. For the former Mt. McKinley National Park,
see 2.1(c)(1)-(3).

**13.21(b) Fishing**

> A State of Alaska fishing license is not required for the former Mt.
> McKinley National Park (Old Park). Bag limits for the former Mt.
> McKinley National Park come under 13.63(e). All other nonconflicting
> state and federal laws and regulations apply. See also, sections 2.3
> and 13.63.

[]{.mark}

**13.21(e) Temporary closures or restrictions to the taking of fish and
wildlife**

> No closures at present where hunting is authorized. See applicable
> State of Alaska hunting regulations. Hunting is prohibited in the
> former Mt. McKinley National Park.

**13.22(b)(1)-(6) Exceptions to unattended or abandoned property**

Superintendent authorizations for exceptions for unattended or abandoned
property are made on a case by case basis. Contact park headquarters for
more information.

**13.22(c) Designated areas where personal property may not be left
unattended for any time period, limits on amounts and types, manner in
which property is stored**

> Frontcountry Developed Area: Personal property may not be left
> unattended for longer than 24 hours or may not be left unattended for
> any time period in such a manner as to interfere with visitor safety,
> orderly management of the park area, or present a threat to park
> resources. The following exceptions apply: Visitors on backcountry
> trips are permitted to leave vehicles unattended in the Riley Creek
> auxiliary parking area for the period authorized on their backcountry
> permit. Personal property may be left unattended at a campsite in
> developed campgrounds only by permission of the Superintendent, or his
> representative, and only if camping fees have been paid in advance for
> the period during which the site will be unattended.
>
> See also 13.63(c), which prohibits leaving abandoning or leaving
> property unattended for any length of time along the road corridor.
>
> See also 13.22 for all other areas.

13.30(h) Facility closures and restrictions

No restrictions at present.

**SUBPART B -- SUBSISTENCE**

**13.46 Closures or restrictions to the use of snowmobiles, motorboats,
dog teams, and other means of surface transportation traditionally
employed by local rural residents engaged in subsistence uses**

See also 36 CFR 2.16, 2.17, 2.18, 3.6, 4.10, 4.30, 13.63; 43 CFR
36.11(c)-(e).

**13.49(a)(1) Permit specifications for harvesting live standing timber
greater than 3" diameter for subsistence purposes (house logs &
firewood)**

> The superintendent may allow subsistence harvest of trees greater than
> 3" subject to the terms and conditions of a permit issued by the
> superintendent.
>
> *The above restriction serves to minimize impact to park resources and
> protect against overharvest.*

**13.49(a)(2) Restrictions on cutting of live timber less than 3\" in
diameter for subsistence purposes**

> Stumps shall be flush cut as close to ground level as possible.
>
> *The above restriction is intended to make cut stumps visually blend
> in with the surroundings and minimize safety hazards to wildlife and
> people.*

**SUBPART C -- SPECIAL REGULATION, SPECIFIC PARK AREAS**

**13.63(a) Subsistence Resident Zones**

> • The Cantwell Residence Zone is described by the area encompassed by
> a circle of which the center is at the location of the Cantwell Post
> Office as of December 2, 1980, and whose radius is the distance from
> that location to the nearest boundary of Denali National Park and
> Preserve. That linear distance is approximately three miles.
>
> • The Minchumina Resident Zone is described by the area encompassed
> within one mile perpendicular from the Lake Minchumina shoreline as
> shown on the D-5 Mt. McKinley 1:63,360 topographical map, 1953
> edition.

**13.63(b) Backcountry camping**

> • The term \"backcountry\" means all areas of the Park and Preserve
> outside the boundaries of the Backcountry Day Use zone as defined in
> the 1997 Frontcountry Development Concept Plan/EIS and the
> Frontcountry Developed Area as defined at 13.63(i). During winter, the
> closed portion of the Denali Park road is considered backcountry (see
> 13.63(i)(1)(ii). A backcountry permit is required for all backcountry
> camping in the established zones. Maps describing the zones are
> available at the Visitor Center. Permits are available at the Visitor
> Center during the summer months and at Park Headquarters during the
> winter months. During the periods when the Denali Park road is open,
> backcountry camping is prohibited within one-half mile of, and within
> sight of the Denali Park road, developed area, designated day use
> areas or in the restricted area around Wonder Lake. Camping in the
> backcountry designated units is limited to 30 days total between April
> 15 and September 30, with no more than 7 days in one unit on each
> trip.
>
> • Backcountry permits may be issued in conjunction with bicycle trips
> on the Denali Park road. Cyclists may stay in any of the established
> campgrounds with a campground permit. Bicycles must be stored in an
> approved manner\--bike racks provided at campgrounds, with other
> campers, or with owner's permission on private property.

**13.63(d)(3)(ii) Denali Park Road permits**

> The annual date for evaluating motor vehicle permits for the
> restricted portion of the Denali Park road is March 1. The annual
> apportionment of permits for 2004 is listed below. The apportionment
> for 2005 is not expected to change substantively from 2004 and will
> follow the provisions of 36 CFR 13.31.
>
> Denali Backcountry Lodge: 315
>
> Kantishna Roadhouse: 420
>
> Northface Lodge/Camp Denali: 315
>
> Kantishna Air Taxi 10
>
> Jeff Barney: 15
>
> Gene Desjarlais: 15
>
> Virginia Wood: 8
>
> Romany Wood: 2
>
> Greg LaHaie: 35
>
> Stephen & Lisa Neff: 9
>
> Michael Conlin: 35
>
> Rusty Lachelt: 2
>
> Ray Krieg: 8
>
> Paul Shearer: 4
>
> Mike Mark Anthony: 12

Don Phillips: 2

> Rainey Creek LLC: 9

**13.63(h) Snowmachine operation in Denali designated wilderness (the
former Mt. McKinley National Park)**

> Snowmachine use is not allowed in the portion of the park formally
> known as Mt. McKinley National Park (Old Park). The Old Park remains
> closed to Snowmachine use in accordance with this section and 36 CFR
> 2.18.

**13.63(i)(1)(i)** **Frontcountry Developed Area (FDA): permit
conditions for camping along the road corridor from April 15 through
September 30**

-   From April 15 through September 30, camping is prohibited in the FDA
    except at the following designated campgrounds pursuant to a permit:
    Riley Creek, Savage River, Sanctuary River, Teklanika River, Igloo,
    and Wonder Lake. Igloo, Sanctuary and Wonder Lake Campgrounds, and
    the Savage Group campsites are designated for tent camping only.
    Igloo, Sanctuary and Wonder Lake are accessible via shuttle bus
    only. Teklanika, Savage and Riley Creek Campgrounds are designated
    for use by tents, trailers and/or other camper units.

-   Occupancy of one campsite at all designated campground except Wonder
    Lake is limited to maximum of eight people. Wonder Lake Campground
    is limited to four persons per campsite. 13.18(a)(3).

-   There are three campsites available for groups of nine or more in
    the Savage River campground. These sites are available for tents
    only on an advanced reservation basis under procedures established
    by the Superintendent. 13.18(a)(3).

-   Only one vehicle is allowed for each campsite, except with
    permission of an NPS employee. 13.18(a)(3).

-   Campers wishing to drive their private vehicle to Teklanika
    Campground must register for a minimum of three nights. The three
    night minimum does not apply to Teklanika campers without vehicles.
    13.18(a)(3).

-   Teklanika campground permits are valid for one private vehicle trip
    to the campground and return. Additional travel must be by shuttle
    bus. Additional use of the private vehicle under the terms of the
    camping permit is not authorized. 13.18(a)(3).

-   No person, party or organization shall be permitted to camp in
    designated campgrounds for more than a total of 14 days, either in a
    single period or combined periods between April 15 and September 30;
    nor more than 30 days, either in a single period or combined periods
    between October 1 and April 14. 13.18(a)(3). (road has to be 13.30)

-   Portable generating plants used in Riley Creek, Savage Creek, and
    Teklanika campgrounds may only be used between the hours of 8:00
    a.m. to 10:00 a.m. and 4:00 p.m. to 8 p.m.. Generators may also be
    prohibited if a ranger determines the noise to be disturbing to
    other campers. Generators or engines are not permitted to operate in
    Wonder Lake, Igloo, or Sanctuary Campgrounds. 13.18(a)(3).

-   Following the last night of paid occupancy, campers must vacate
    designated campgrounds by 11:00 am. 13.18(a)(3).

-   Obtaining a campground permit for the purpose of avoiding the road
    restrictions is prohibited. 13.18(a)(3).

-   Information on camping is available at the Visitor Center, Park
    Headquarters and on the traveler Information Radio System,
    receivable in the vicinity of the Denali Park road junction with
    Alaska Highway 3. There is a mandatory nightly fee for all campsites
    when a permit is required.

**13.63(i)(1)(ii) Frontcountry Developed Area: camping along the road
corridor from October 1 through April 14**

-   Camping is prohibited in the FDA except in the area where the park
    road is closed and the following campgrounds: Riley Creek, Savage
    River, Sanctuary River, Teklanika River, Igloo, and Wonder Lake.

-   Occupancy of one campsite is limited to maximum of eight people.

-   No person, party or organization shall be permitted to camp in
    designated campgrounds for more than 30 days, either in a single
    period or combined periods13.18(a)(3).

> *These requirements serve to ensure equitable use of NPS designated
> campgrounds and manage traffic on the Denali Park road in accordance
> with limits established by special regulation 36 CFR section
> 13.63(d)(2)(3).*

**13.63(i)(3) FDA conditions for lighting or maintaining fires**

-   Employees of the park concessioner may build an open fire with a
    park issued permit at the designated sites located approximately 300
    yards west of the Meadows Housing Area

-   NPS employees may build an open fire at the designated site located
    within the C-Camp Housing Area

**13.63(i)(5) FDA closures and restrictions**

No additional closures or restrictions.

**13.63(j)(2) Trails and areas designated for bicycle use in the FDA**

No designated trails or areas.

**13.63(k)(2) Trails and areas designated for the use of roller skates,
skateboards, roller skis, in-line skates, and similar devices**

No designated trails or areas.

**43 CFR, PART 36 TRANSPORTATION AND UTILITY SYSTEMS (Access
Regulations)**

**36.11(c) Temporary closures to the use of snowmachines for traditional
activities**

No closures at present.

See also 2.18, 13.63(h).

**36.11(d) Temporary closures to the use of motorboats**

No closures at present.

See also 3.3, 3.6.

**36.11(e) Temporary closures to the use of non-motorized surface
transportation**

No closures at present.

See also 2.16, 3.3, 3.6, 13.63(j)-(k).

**36.11(f)(1) Temporary closures to landing fixed-wing aircraft**

No closures at present.

**36.11(f)(3)(ii) Established procedure for salvaging and removing
downed aircraft**

A permit is required from the Superintendent before downed aircraft may
be salvaged and removed from the park; violation of the terms and
conditions of the permit is prohibited.

*This requirement allows the Superintendent to establish terms and
conditions for salvage operations as necessary to protect resources,
provide for public safety, and minimize impacts on visitors*.

**36.11(g)(2) Use of off-road vehicles (ORV) on existing trails**

No designated trails. See also 4.10.

**This compendium is approved and rescinds all previous compendiums
issued for Denali National Park and Preserve.**

##### Superintendent Date

Attachments: 1.5 Sable Pass closure Determination

> 2.10 Food Storage Determination
>
> 2.13 Fires Determination
>
> 2.15 Pet Determination

March 10, 2005

Determination of need for a Restriction, Condition, Public Use Limit, or
Closure

Subject: Sable Pass Wildlife Viewing Area

Pursuant to Title 36 of the Code of Federal Regulations, 1.5, the
Superintendent of Denali National Park and Preserve has determined that
in order to protect public safety and prevent adverse impacts to
wildlife, entry into the Sable Pass Wildlife Viewing Area has been
modified. Under 36 CFR 1.5 (a)(1) -- Closures and Public Use Limits, the
park has changed the boundaries of the Sable Pass Wildlife Viewing Area.

**[Language proposed and adopted for the 2005 compendium:]{.underline}**

> **Sable Pass Wildlife Viewing Area**

(c) Entry into the Sable Pass Wildlife Viewing Area is prohibited from
    May 1 to September 30, except as may be specifically authorized by
    the Superintendent.

(d) The Sable Pass Wildlife Viewing Area is generally defined as the
    area within one mile of the shoulder of the Park Road between Mile
    38 and Mile 43, excluding the Tatler Creek drainage. A map that
    defines the specific boundaries of the closure is available for
    inspection at the park visitor center and on the park website. Signs
    posted on the park road indicate the beginning and end of the
    closure area.

**[Justification]{.underline}**

The current boundaries for Sable Pass Wildlife Viewing Area are 1 mile
on either side of the Park Road from Mile 37 to Mile 42. This revision
defines the area by geographic features, such as ridge lines and
drainages, between Mile 38 and 42. This revision will make it easier for
the public to know where the boundaries of this area are located. Since
these features are also natural travel routes, travel will be permitted
along any ridgelines or drainages that form the boundaries of the closed
area. The proposed area represents a reduction in size from the previous
closure because it makes greater use of ridge lines that define the
viewshed from this section of road rather than simply a uniform distance
of one mile from the road edge.

The closure is the least restrictive method of protecting the
outstanding wildlife resources of the park, allowing visitors to safely
view wildlife from outside the closed area and from the park road.

A map showing the proposed boundary change is attached.

![](media/image1.png){width="8.822222222222223in"
height="5.9944444444444445in"}

March 10, 2005

Determination of need for a Restriction, Condition, Public Use Limit, or
Closure

Subject: Food Storage

Pursuant to Title 36 of the Code of Federal Regulations, 1.5 (c) and
2.10 (d), the Superintendent of Denali National Park and Preserve has
determined that in order to protect public safety and prevent adverse
impacts to wildlife, conditions are placed on storage of food, garbage,
lawfully taken fish or wildlife, and equipment used to cook or store
food throughout the park.

The reasons for this restriction are as follows:

1.  Wildlife in a natural ecosystem is adapted to exist on natural food
    sources only. Obtaining human food negatively alters behavior and
    nutrition of wildlife.

2.  Both black and brown bears are common throughout the parklands.
    Bears are readily attracted to even small quantities of human food.
    They are very curious and intelligent, and will commonly open or
    enter containers, tents, and structures.

3.  Bears are extremely susceptible to habituation to human food
    sources. Once they have learned to associate a site or item (e.g.
    tent, kayak, boat, etc.) with acquisition of food, they will return
    to that source repeatedly for further food rewards.

4.  It does not matter whether the material is fresh, dry, powered,
    canned, etc. Once a curious bear has obtained a positive food
    reward, it will return and / or continue to seek out further rewards
    in similar situations.

5.  Any impact to nutrition may manifest itself in reduced reproductive
    success and life expectancy.

6.  While nutritional impact on wildlife may vary depending on a number
    of factors, notably the percentage of the overall diet of the animal
    is made up of non-natural food and during what time of year, no
    impact is acceptable under National Park Service management
    policies.

7.  Bears which become habituated to human food in this area are likely
    to be killed by humans in defense of life or property inside the
    parklands or on adjacent lands.

8.  Humans are at risk of injury or death when bears attempt to obtain
    food from tents, packs, vessels, or other similar areas.

The reasons less restrictive measures will not be effective are as
follows:

1.  Educational efforts regarding proper food storage and disposal of
    food and garbage have been undertaken by state and federal agencies
    in Alaska and in other western states for many years. These efforts
    have doubtless improved the situation and reduced wildlife/ human
    conflict and impacts.

2.  Recognizing that variations in the environment and recreational
    activity require multiple food storage options, park managers have
    made loaner bear resistant containers available.

3.  Despite these efforts, park managers repeatedly encounter situations
    in which food or garbage is improperly stored throughout the
    parklands.

4.  The food storage conditions imposed under this section allow for a
    wide variety of storage options, including free loans of portable
    BRFC units, to make compliance less onerous.

5.  We have considered the use of the Alaska State Administrative Code 5
    AAC 92.230 which reads:

> A person may not intentionally feed a moose (except under terms of a
> permit issued by the department), bear, wolf, coyote, fox, or
> wolverine, or negligently leave human food, pet food, or garbage in a
> manner that attracts these animals. However, this prohibition does not
> apply to use of bait for trapping fur bearers or hunting black bears
> under [5 AAC 84]{.underline}-[5 AAC 92]{.underline}.

-   Park employees lack authority to enforce this regulation directly,
    and would rely on state officers. Given limited state staffing in
    this area and other priorities, enforcement would be severely
    hampered.

-   If we adopted the language of the state regulation into a park
    condition under this section, we would unreasonably force our
    enforcement officers to prove "negligence" in court. The threshold
    we seek to enforce is lower given our specific legal mandate to
    protect wildlife.

6.  Given the lack of complete compliance with educational efforts, the
    flexibility in compliance options, and the effort made by park
    managers to provide free equipment to promote compliance, these
    conditions are the least restrictive required to fulfill the
    parklands mission of protecting wildlife and human safety.

W42

March 12, 2005

Determination of Need for a Restriction, Condition, Public Use Limit, or
Closure

Subject: Fires

Pursuant to Title 36 of the Code of Federal Regulations, § 1.5 (c) and
2.13(a)(1) the Superintendent of Denali National Park and Preserve has
determined that in order to prevent adverse impacts to park resources:

> Campfires are prohibited in the former Mt. McKinley National Park
> except 1) as provided in 13.63(i)(3) in the Frontcountry Developed
> Area 2) in the area of the park designated as Wilderness from October
> 1 through April 15, or 3) in emergency situations.
>
> Campfires are allowed in the 1980 Park and Preserve additions except
> at the Kantishna Airstrip between April 15 and September 30.

The reasons for this restriction are as follows:

1.  High temperatures impact soils and impair plant growth and create a
    visible scar that is long lasting.

2.  Trampling and soil compaction occur around fire rings as part of
    their use, which in turn further impacts soils and their ability to
    support vegetation.

3.  Wood gathering activities leave visible signs of human use.

4.  A primary objective of backcountry management in the area of the
    former Mt. McKinley National Park is to disperse use so that signs
    of repeated human use typically associated with regularly used
    campsites do not develop. The prohibition on fires in the wilderness
    area of the park has been in place for 30 years and has been
    effective at preventing campsite formation and the associated
    resource impacts. The use of light, portable stoves is a common and
    well-accepted minimum impact hiking practice.

5.  This restriction still allows fires throughout the majority of
    Denali National Park and Preserve, and only limits them in the area
    of the former Mt. McKinley National Park during the period of time
    when special resource protection objectives and visitation issues
    exist.

6.  Fire rings tend to attract burnt trash and food residue as campers
    attempt to dispose of waste. Small amounts of plastic, glass,
    aluminum foil, and food scraps are frequently left behind because
    not everything burns completely,. This restriction ensures that
    where fires are permitted, users are responsible for removing these
    materials from the area upon departure.

7.  Established fire rings at the campground and picnic area provide
    places for cooking or warming fires that will limit soil impacts to
    these discrete sites and reduce fire hazards as well.

The reasons less restrictive measures will not be effective are as
follows:

1.  The allowance of fires in more areas of the backcountry would fail
    to achieve management objectives.

2.  Insulating the soils through a buildup of material and / or a fire
    pan would reduce some of the direct soil and vegetation impact, but
    not the damage associated with trampling around the fire site or
    wood gathering. Campsite impacts would still be greater than those
    associated with the current restriction and unacceptable.

> Signed:
>
> Paul R. Anderson
>
> Superintendent

W42

March 12, 2005

# Determination of Need for a Restriction, Condition, Public Use Limit, or Closure

Subject: Prohibition of Pets -- 36 CFR 2.15

Pursuant to Title 36 of the Code of Federal Regulations, § 1.5 (c), the
Superintendent of Denali National Park and Preserve has determined that
in order to provide for the protection of resources and public safety it
is necessary restrict pets as follows:

For the Frontcountry Developed Area, see 13.63(i)(4). From May 1 through
September 30, pets are prohibited in all other areas of the park. This
prohibition does not apply to:

1.  dogs used for legal hunting in the park and preserve additions

2.  transportation during the winter months

3.  emergency search and rescue missions

4.  qualified service dogs accompanying persons with disabilities per
    the ADA

The reasons for this restriction are as follows:

1.  While traveling or hiking with pets may be a positive experience for
    the owner, pets frequently have negative impacts on park resources,
    notably wildlife, and on the experience of other visitors. These
    impacts include, but are not limited to, noise, pursuit, harassment,
    defecation, and scent marking of wildlife habitat. Even leashed pets
    bark, defecate, and urinate, and disturb other visitors.

2.  Potentially dangerous wildlife such a moose and bears may engage
    pets -- either chasing and attacking, or being chased. Pets chasing
    wildlife is unacceptable harassment, while pets chased by wildlife
    will frequently return to their owner, creating a risk to human
    safety and an unnecessary expenditure of caloric energy on the part
    of the wildlife.

3.  The use of pets is not required in order to have a positive
    recreational experience. It is optional. In those cases where a pet
    facilitates access (e.g. Service animals and winter activities such
    as mushing) the use of such pets is allowed.

4.  Wildlife activity is frequently concentrated along travel corridors
    such as gravel river bars or game trails through thick vegetation.
    The crosscountry travel typical required in Denali's backcountry
    means that hikers also regularly use these natural travel corridors
    and wildlife areas as well, increasing the likelihood of conflict
    with wildlife.

5.  Nesting shorebirds lay eggs directly on the ground along gravel bar
    travel routes and in the tundra. Pets, leashed or unleashed, may
    disturb eggs and / or frighten adult birds from the nest.

6.  Denali National Park and Preserve's enabling legislations and the
    intent of Congress speak directly to the protection of wildlife and
    an unaltered ecosystem as well as the establishment of a large
    sanctuary "where fish and wildlife may roam freely, developing their
    social structures and evolving over long periods of time as nearly
    as possible without the changes that extensive human activities
    would cause".

7.  The park is surrounded by other public lands where pets are allowed
    in keeping with the respective missions and legal mandates of those
    agencies. Rangers routinely direct pet users to those alternate
    sites to accommodate their recreational activities while fulfilling
    the strict wildlife protection mandate of the National Park Service.

8.  The restriction prevents disturbance and reduces the potential of
    exposure to disease from pets to the park sled dogs.

9.  The restriction will allow the National Park Service to fulfill this
    mandate and protect visitors and the unique opportunities offered at
    Denali while still allowing access when conditions permit.

The reasons less restrictive measures will not be effective are as
follows:

1.  Any pet in a park area, even where allowed, must be on a leash or
    under direct physical control at all times. While this measure may
    prevent pursuit and harassment of wildlife and other visitors, it
    does not prevent barking, defecation, or scent marking through
    urination, all of which may disturb wildlife of all types.

2.  Backcountry travel at Denali is virtually all crosscountry,
    frequently through thick brush, on steep slopes, or across rivers.
    It is not practical or reasonable to suggest or expect that visitors
    would travel with a leashed dog under these conditions.

3.  Further, Rangers issue regular warnings and respond to complaints
    for pets off leash and / or in closed areas despite signing and
    published educational material in the park newspaper, brochures, and
    on bulletin boards. When contacted, many visitors state that they
    were unaware of the rules, while others state that they knew the
    rules regarding leashes but chose not to comply unless confronted by
    authority.

4.  These factors indicate that leash laws in backcountry areas would be
    generally ignored.

5.  Leashed pets on trails could minimize some wildlife impacts, but it
    would increase conflicts with other visitors because of the higher
    contact rates created by more concentrated use and frequent
    encounters.

6.  It would be better to maintain a standard policy that pets are
    generally inappropriate in National Park Service settings away from
    developed sites such as campground, road shoulders, parking lots, or
    pullouts, and that these areas are adequate within the context of a
    national park.

> Signed:
>
> Paul R. Anderson
>
> Superintendent

W42

March 12, 2004

Determination of Need for a Restriction, Condition, Public Use Limit, or
Closure

Subject: Fires

Pursuant to Title 36 of the Code of Federal Regulations, § 1.5 (c) and
2.13(a)(1) the Superintendent of Denali National Park and Preserve has
determined that in order to prevent adverse impacts to park resources:

-   No fires may be kindled in the backcountry of the wilderness area of
    the Park between April 15 and September 30 except in cases of an
    emergency. However, during winter trips, (October 1 through April
    14), small campfires are allowed in the wilderness in conjunction
    with overnight backcountry trips or emergencies. Small campfires are
    also allowed in the 1980 ANILCA Park and Preserve additions
    throughout the year.

-   In frontcountry areas no fires may be kindled, except in the
    following circumstances:

A.  In the fire grates in designated campgrounds

B.  Open fires at the Kantishna airstrip are prohibited between April 15
    and September 30 except in cases of emergencies. except

C.  Concession employees (with an NPS permit) may build fires at the
    designated site provided approximately 300 yards west of the Meadows
    housing area.

D.  National Park Service employees may build fires at the designated
    site located in C-Camp.

E.  Other open fires in the developed areas require permission of the
    Superintendent, with the exception of burners and charcoal and gas
    grills in residential areas and campgrounds.

-   All trash (tin foil, burnt food, glass, and cans) must be removed
    from the fire site after use.

The reasons for this restriction are as follows:

8.  High temperatures impact soils and impair plant growth and create a
    visible scar that is long lasting.

9.  Trampling and soil compaction occur around fire rings as part of
    their use, which in turn further impacts soils and their ability to
    support vegetation.

10. Wood gathering activities leave visible signs of human use.

11. A primary objective of backcountry management in the designated
    Denali Wilderness is to disperse use so that signs of repeated human
    use such as those generally associated with regularly used campsites
    do not develop. The prohibition on fires in the wilderness area of
    the park has been in place for 30 years and has been effective at
    preventing campsite formation. The use of light, portable stoves is
    a common and well-accepted minimum impact hiking practice.

12. This restriction allows fires throughout the majority of Denali
    National Park and Preserve, and only limits them in the designated
    wilderness area during the period of time when special resource
    protection objectives and visitation issues exist.

13. Fire rings tend to attract burnt trash and food residue as campers
    attempt to dispose of waste. Because not everything burns
    completely, small amounts of plastic, glass, aluminum foil, and food
    scraps are frequently left behind. This restriction ensures that
    where fires are permitted, users are responsible for removing these
    materials from the area upon departure.

14. Established fire rings at the campground and picnic area provide
    places for cooking or warming fires that will limit soil impacts to
    these discrete sites and reduce fire hazards as well.

The reasons less restrictive measures will not be effective are as
follows:

3.  The allowance of fires in more areas of the backcountry would fail
    to achieve management objectives.

4.  Insulating the soils through a buildup of material and / or a fire
    pan would reduce some of the direct soil and vegetation impact, but
    not the damage associated with trampling around the fire site or
    wood gathering. Campsite impacts would still be greater than those
    associated with the current restriction and unacceptable.

> Signed:
>
> Paul R. Anderson
>
> Superintendent