HCS CSSB 46(FIN): "An Act relating to moose farming and relating to game farming; and providing for an effective date."
00HOUSE CS FOR CS FOR SENATE BILL NO. 46(FIN) 01 "An Act relating to moose farming and relating to game farming; and providing 02 for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 03.05.010(a) is amended to read: 05 (a) The commissioner of natural resources shall 06 (1) direct, administer, and supervise promotional and experimental 07 work, extension services, and agricultural projects for the purpose of promoting and 08 developing the agricultural industry within the state including such fields as 09 horticulture, dairying, cattle raising, fur farming, game farming, grain production, 10 vegetable production, and development of other agricultural products; 11 (2) procure and preserve all information pertaining to the development 12 of the agricultural industry and disseminate that information to the public; 13 (3) assist prospective settlers and others desiring to engage in the 14 agricultural industry in the state with information concerning areas suitable for
01 agriculture and other activities and programs essential to the development of the 02 agricultural industry in the state; 03 (4) review the marketing, financing, and development of agricultural 04 products inside the state including transportation, with special emphasis upon local 05 production, and negotiate for the marketing of agricultural products of the state with 06 federal and state agencies operating in the state; 07 (5) regulate and control the entry into the state and the transportation, 08 sale, or use inside the state of plants, seeds, vegetables, shell eggs, fruits and berries, 09 nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and 10 agricultural chemicals in order to prevent the spread of pests, diseases, or toxic 11 substances injurious to the public interest, and to protect the agricultural industry 12 against fraud, deception, and misrepresentation; in this connection the commissioner 13 may require registration, inspection, and testing, and establish procedures and fees; and 14 (6) in consultation with the commissioner of fish and game, regulate 15 the farming of game farm animals [ELK IN A MANNER SIMILAR TO THE 16 MANNER IN WHICH THE COMMISSIONER REGULATES DOMESTIC 17 ANIMALS AND LIVESTOCK, TO THE EXTENT THAT IS APPROPRIATE]. 18 * Sec. 2. AS 03.05.011(b) is amended to read: 19 (b) The commissioner of environmental conservation, in consultation with the 20 commissioner of fish and game, shall regulate the farming of game farm animals 21 [ELK IN A MANNER SIMILAR TO THE MANNER IN WHICH THE 22 COMMISSIONER REGULATES DOMESTIC ANIMALS AND LIVESTOCK, TO 23 THE EXTENT THAT IS APPROPRIATE]. 24 * Sec. 3. AS 03.05 is amended by adding a new section to read: 25 Sec. 03.05.075. GAME FARMING. (a) Except as provided in (f) of this 26 section, a person may not engage in game farming or possess game farm animals 27 without having first obtained an annual game farming license for that species from the 28 commissioner of natural resources. The commissioner shall issue a game farming 29 license, that indicates the species of game farm animal or animals for which the license 30 is issued, to a person who intends to engage in game farming of the game farm animal 31 or animals, and possesses facilities that the commissioner determines are sufficient to
01 maintain the game farm animals under positive control and to prevent injury to game 02 farm animals and their handlers. The annual game farming license fee is $125. 03 (b) A person who holds a game farming license under this section, shall 04 (1) permanently mark each game farm animal; newborn animals must 05 be marked within six months of birth, at time of weaning, at time of sale, or at the 06 time of transfer, whichever is earlier; 07 (2) register the game farm animals, however acquired, and the progeny 08 of those animals with the commissioner within 30 days after the animals are acquired; 09 newborn animals must be registered as soon as practical but not later than 30 days 10 after marking; 11 (3) construct and maintain a fence that is adequate to prevent the 12 escape of the game farm animals and to exclude wild game; 13 (4) notify the commissioner within 30 days of the birth, sale, slaughter, 14 or death of one or more of the animals or their progeny; 15 (5) notify the commissioner of fish and game within 24 hours after 16 (A) a game farm animal escapes; the person shall submit a plan 17 to the commissioner of fish and game for the recapture of the animal; the 18 commissioner of fish and game may coordinate and assist in the recapture of 19 the animal; or 20 (B) wild big game enters a facility where game farm animals 21 are present. 22 (c) The slaughter of game farm animals and the sale of meat resulting from 23 the slaughter of game farm animals are subject to this title, regulations adopted under 24 this title, and other applicable law. 25 (d) The commissioner of natural resources or the commissioner of 26 environmental conservation may require a person who holds a game farming license 27 under this section to provide at the person's cost for a complete necropsy by a 28 veterinarian approved by the commissioner of environmental conservation to determine 29 the cause of death of a game farm animal if the cause of death is not apparent. 30 (e) The commissioner shall exempt, by regulation, the game farming of free-ranging reindeer under a state or 31 federal grazing lease from provisions of this section.
01 Subject to (f) of this section, the commissioner may not exempt a person from the 02 requirement to obtain a game farming license. 03 (f) A game farming license is not required, and may not be required, to engage 04 in game farming of reindeer or to possess reindeer as game farm animals. 05 (g) The commissioner shall adopt regulations as necessary to implement this 06 section and AS 03.05.010(a)(6). 07 (h) In this section, unless the context otherwise requires, "commissioner" 08 means the commissioner of natural resources. 09 * Sec. 4. AS 03.05.100 is amended by adding new paragraphs to read: 10 (4) "game farm animal" means lawfully owned bison, elk, reindeer, and 11 musk oxen or other lawfully owned mammal species or subspecies designated by the 12 commissioner of natural resources, with the concurrence of the commissioner of fish 13 and game; in this paragraph, "elk" means an animal of a subspecies of Cervus elaphus 14 indigenous to North America; 15 (5) "game farming" means an agricultural enterprise engaged in raising 16 and breeding game farm animals as domestic livestock for commercial purposes; 17 (6) "lawfully owned" means ownership was obtained without violating 18 a state or federal law or regulation, or a condition of a license or permit issued with 19 respect to the acquisition of a game farm animal. 20 * Sec. 5. AS 03.05.100(4) is repealed and reenacted to read: 21 (4) "game farm animal" means lawfully owned bison, elk, reindeer, 22 moose, and musk oxen or other lawfully owned mammal species or subspecies 23 designated by the commissioner of natural resources, with the concurrence of the 24 commissioner of fish and game; in this paragraph, "elk" means an animal of a 25 subspecies of Cervus elaphus indigenous to North America; 26 * Sec. 6. AS 03.25.010 is amended to read: 27 Sec. 03.25.010. COMMISSIONER AUTHORIZED TO EMPLOY 28 VETERINARIANS. The commissioner may either independently or in cooperation 29 with the United States Department of the Interior or a college or a university or like 30 institution employ veterinarians for periods found to be to the best advantage for the 31 purpose of aid and service to the fur raising industry and game farming industry, and
01 for the purpose of aid and service to those engaged in raising livestock and other 02 domestic animals. 03 * Sec. 7. AS 03.25.020 is amended to read: 04 Sec. 03.25.020. DUTIES OF VETERINARIANS. Veterinarians shall 05 (1) visit the fur farms and game farms of the state, study problems 06 incidental to raising fur bearing animals and game farm animals, and advise those 07 engaged in the industry in matters pertaining to the breeding and care of fur bearing 08 animals and game farm animals and the prevention and cure of diseases of fur 09 bearing animals and game farm animals; 10 (2) prepare, publish, and distribute such data as the veterinarian, with 11 the advice and consent of the commissioner, considers useful to those engaged in the 12 industry; 13 (3) make reports to the commissioner when required by the 14 commissioner for transmittal to the state legislature; 15 (4) initiate and carry on experiments, on or in connection with a fur 16 farm or game farm, with relation to the care and feeding of fur bearing animals or 17 game farm animals, the improvements of the breed, or the cure or prevention of any 18 disease to which they may be subject or the extermination of the parasites by which 19 they may be attacked, and in this connection employ and pay for the necessary 20 assistance and rent and use of necessary facilities; 21 (5) perform other duties as may be prescribed by the commissioner as 22 are not inconsistent with the duties specifically imposed by this chapter; 23 (6) study problems incidental to the raising of livestock, [AND] other 24 domestic animals, and game farm animals, and advise those engaged therein upon 25 matters pertaining to the breeding, care, and the prevention and cure of diseases of 26 livestock, [AND] other domestic animals, and game farm animals. 27 * Sec. 8. AS 03.25.250 is amended to read: 28 Sec. 03.25.250. DEFINITIONS [DEFINITION]. In this chapter, 29 (1) "commissioner" means the commissioner of environmental 30 conservation; 31 (2) "game farm animal" has the meaning given in AS 03.05.100;
01 (3) "game farming" has the meaning given in AS 03.05.100. 02 * Sec. 9. AS 03.30 is amended by adding a new section to read: 03 Sec. 03.30.070. INTERFERENCE WITH GAME FARM FENCES AND 04 GATES. (a) A person may not knowingly alter or damage the fence of a game farm 05 in a manner that would allow game farm animals to escape from the game farm. 06 (b) Except with the permission of the owner of the game farm animals, a 07 person may not knowingly open the gate of an enclosure or fenced area where game 08 farm animals are present and 09 (1) fail to close the gate; or 10 (2) allow game farm animals to leave the enclosure or fenced area. 11 (c) A person who violates this section is guilty of a class A misdemeanor. 12 (d) In this section, 13 (1) "game farm animal" includes animals subject to an experimental 14 animal husbandry permit under AS 16.40.010; 15 (2) "knowingly" has the meaning given in AS 11.81.900 and must be 16 construed in accordance with AS 11.81.610(c). 17 * Sec. 10. AS 03.35.070(1) is amended to read: 18 (1) "domestic animal" includes goats, sheep, cattle, horses, [AND] 19 swine, and animals subject to a game farming license under AS 03.05.075; 20 * Sec. 11. AS 03.40.010 is amended to read: 21 Sec. 03.40.010. BRANDS AND MARKS. Any person owning cattle, game 22 farm animals [REINDEER, BISON, MUSKOX], sheep, horses, mules, or asses [,] 23 may adopt a brand or mark. After recording the brand or mark as provided in 24 AS 03.40.030, the person has the exclusive right to its use. 25 * Sec. 12. AS 03.40.050 is amended to read: 26 Sec. 03.40.050. USE WITHOUT CERTIFICATE PROHIBITED. A person 27 may not brand any horse, cattle, game farm animal [REINDEER, BISON, 28 MUSKOX], mule, or ass, unless the person using the brand holds a written certificate 29 of acceptance from the commissioner. 30 * Sec. 13. AS 03.40.270 is amended to read: 31 Sec. 03.40.270. DEFINITIONS. In [AS USED IN] this chapter, [A]
01 (1) "brand" means an identification mark burned into the hide of a live 02 animal; 03 (2) "game farm animal" has the meaning given in AS 03.05.100. 04 * Sec. 14. AS 16.05.330(a) is amended to read: 05 (a) Except as otherwise permitted in this chapter, without having the 06 appropriate license or tag in actual possession a person may not engage in 07 (1) sport fishing, including the taking of razor clams; 08 (2) hunting, trapping, or fur dealing; 09 (3) the farming of fish, fur animals, or game reptiles; or 10 (4) taxidermy. 11 * Sec. 15. AS 16.05.340(a)(18)(A) is amended to read: 12 (A) Game [MAMMAL OR GAME] reptile farming biennial 13 license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250 14 * Sec. 16. AS 16.05.940(10) is amended to read: 15 (10) "domestic mammals" include game farm animals, as defined in 16 AS 03.05.100 [MUSK OXEN, BISON, ELK, AND REINDEER, IF THEY ARE 17 LAWFULLY OWNED]; 18 * Sec. 17. AS 16.40.010 is amended to read: 19 Sec. 16.40.010. DISPOSITION OF SURPLUS GAME ANIMALS [BUFFALO 20 AND MUSK OXEN]. Whenever it is determined by the department that a surplus of 21 bison, elk, moose, or musk oxen exists [IN THE HERDS OF BUFFALO AND 22 MUSK OXEN UNDER ITS CONTROL], the department may, under regulations 23 adopted by it, authorize a person to take [GRANT] the surplus or portions of the 24 surplus [IT TO PERSONS, GROUPS, ASSOCIATIONS, PARTNERSHIPS, OR 25 CORPORATIONS] for the purpose of raising and breeding the animals as domestic 26 stock for commercial purposes, for experimental animal husbandry purposes, or for 27 scientific and educational purposes. A person [, GROUP, ASSOCIATION, 28 PARTNERSHIP, OR CORPORATION] may receive animals for 29 (1) commercial purposes only after 30 (A) obtaining an appropriate game farming license under 31 AS 03.05.075; and
01 (B) paying a reasonable fee that covers the costs to the 02 department of supervising and assisting with the taking and transfer of the 03 animals; 04 (2) experimental animal husbandry purposes only after obtaining 05 a permit issued by the commissioner in consultation with the commissioner of 06 natural resources and the commissioner of environmental conservation; or 07 (3) scientific and educational purposes only after obtaining the 08 appropriate permit issued under AS 16.05; this subsection does not prohibit the 09 department from authorizing a person to take surplus caribou for scientific and 10 educational purposes under a permit issued under AS 16.05 [PROVING TO THE 11 SATISFACTION OF THE DEPARTMENT 12 (1) INTENT TO RAISE AND BREED THE ANIMALS; AND 13 (2) POSSESSION OF FACILITIES FOR MAINTAINING THE 14 ANIMALS UNDER POSITIVE CONTROL]. 15 * Sec. 18. AS 16.40.010 is amended by adding new subsections to read: 16 (b) After a person acquires an animal under this section for commercial 17 purposes, a license or permit from the department is not required in order to possess 18 the animal. The importation, exportation, possession, and utilization of game farm 19 animals, as defined under AS 03.05.100, are subject to the provisions of AS 03 and 20 regulations adopted under AS 03. A license or permit from the department is not 21 required in order to import, export, or possess a game farm animal for commercial 22 purposes under a game farming license. 23 (c) A person may receive a permit to possess surplus animals under this 24 section for experimental animal husbandry purposes if the person proves to the 25 satisfaction of the department that the person intends to raise and breed the animals 26 and possesses facilities for maintaining the animals under positive control. Animals 27 received under an experimental animal husbandry permit remain property of the state 28 while in possession of the permit holder and may not be sold or otherwise transferred 29 out of the possession of the permit holder. Subject to regulations adopted by the 30 department, a permit holder may slaughter animals possessed under the permit, may 31 sell milk, antlers, horns, fur, and other products from live animals, and may charge a
01 fee to the public for viewing of the animals. The department may summarily revoke 02 a permit issued under this subsection and take possession of animals held under the 03 permit if the permit holder fails to comply with the terms of the permit or a statute or 04 regulation governing the possession of the animals. The department shall adopt 05 regulations necessary to implement this subsection and (d) of this section in 06 consultation with the Department of Natural Resources and the Department of 07 Environmental Conservation. 08 (d) A person who holds an experimental animal husbandry permit, has 09 possessed animals under the permit for at least five years, and intends to raise the 10 animals for commercial purposes may request title to the animals in the person's 11 possession. The department shall grant title to the animals if the person has 12 (1) obtained a game farming license under AS 03.05.075 for each 13 species of animal for which title is to be granted; 14 (2) demonstrated the ability to properly care for and maintain the 15 animals in the person's possession; and 16 (3) complied with the terms of the experimental animal husbandry 17 permit and with statutes and regulations governing the possession of animals for 18 experimental animal husbandry purposes. 19 (e) The department shall dispose of nonfatally injured, or live abandoned or 20 orphaned calves of, bison, elk, moose, or musk oxen that cannot be returned to the 21 wild to a person who holds an appropriate game farming license under AS 03.05.075 22 or a permit for experimental animal husbandry purposes or for scientific or educational 23 purposes. 24 (f) A live bison, elk, moose, or musk oxen may not be captured from the wild 25 or released into the wild without a permit from the department. 26 * Sec. 19. AS 16.40 is amended by adding a new section to article 1 to read: 27 Sec. 16.40.060. IMPORTATION PROHIBITED. Notwithstanding AS 03 and 28 other provisions of this title, moose and caribou may not be imported into the state for 29 commercial or animal husbandry purposes. 30 * Sec. 20. REGULATIONS REGARDING DESIGNATION OF GAME FARM ANIMALS. 31 Before December 1, 1995, the commissioner of natural resources, with the concurrence of the
01 commissioner of fish and game, shall adopt regulations establishing criteria for designating 02 a mammal species or subspecies as a game farm animal under AS 03.05.100(4), added by 03 sec. 4 of this Act. 04 * Sec. 21. AS 16.40.020 and 16.40.050 are repealed. 05 * Sec. 22. Section 5 of this Act takes effect only if the commissioner of natural resources 06 has designated, with the concurrence of the commissioner of fish and game, moose as a game 07 farm animal. The commissioner of natural resources shall promptly inform the revisor of 08 statutes of a designation under this subsection. 09 * Sec. 23. Section 5 of this Act takes effect on the effective date of a designation under 10 AS 03.05.100(4), added by sec. 4 of this Act, by the commissioner of natural resources, with 11 the concurrence of the commissioner of fish and game, that moose are game farm animals. 12 * Sec. 24. Except for sec. 5 of this Act, this Act takes effect immediately under 13 AS 01.10.070(c).