CSHB 204(RES): "An Act relating to elk farming."
00CS FOR HOUSE BILL NO. 204(RES) 01 "An Act relating to elk farming." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 03.05 is amended by adding a new section to read: 04 Sec. 03.05.075. Elk farming. (a) Elk may be raised and bred as domestic 05 stock for commercial purposes, including the sale of meat, by a person who lawfully 06 owns the elk and who holds a current valid elk farming license. The commissioner 07 of natural resources may issue an elk farming license for the farming of elk to a person 08 who applies on a form provided by the commissioner, pays the biennial elk farming 09 license fee, and proves to the satisfaction of the commissioner that the person lawfully 10 owns the elk, intends to raise and breed elk, and possesses facilities for maintaining 11 the elk under positive control. Before issuing or renewing an elk farming license, the 12 commissioner shall conduct a physical inspection of the elk farming facilities and 13 determine that the facilities are in good repair and comply with the fencing standards 14 established under (d) of this section. In this subsection, "lawfully owns" means
01 ownership that was obtained without violating a state or federal law or regulation or 02 a condition of a license or permit issued with respect to elk. 03 (b) The commissioner of natural resources shall provide to the Department of 04 Fish and Game a copy of each application for an elk farming license received by the 05 commissioner and each elk farming license issued by the commissioner. 06 (c) The fee for a biennial elk farming license is $250. 07 (d) The commissioner of natural resources shall establish fencing standards for 08 elk farming facilities to maintain elk under positive control. Proposed fencing 09 standards shall be submitted to the commissioner of fish and game for review before 10 the standards are adopted or amended. 11 (e) Notwithstanding other provisions of law, a license or permit is not required 12 from the Department of Fish and Game in order to import, export, or possess elk for 13 the purpose of elk farming. Elk imported, exported, or possessed for the purpose of 14 elk farming are subject to the provisions of this title and regulations adopted under this 15 title by the commissioner of natural resources or the commissioner of environmental 16 conservation for domestic animals and livestock, to the extent they are made applicable 17 to elk by the commissioners. 18 (f) In this section, "elk" means an animal of a subspecies of cervus elaphus 19 that is indigenous to North America; "elk" does not include red deer or a red deer 20 hybrid. 21 * Sec. 2. AS 03.40.010 is amended to read: 22 Sec. 03.40.010. Brands and marks. Any person owning cattle, reindeer, 23 bison, muskox, elk, sheep, horses, mules, or asses [,] may adopt a brand or mark. 24 After recording the brand or mark as provided in AS 03.40.030, the person has the 25 exclusive right to its use. 26 * Sec. 3. AS 03.40.050 is amended to read: 27 Sec. 03.40.050. Use without certificate prohibited. A person may not brand 28 any horse, cattle, reindeer, bison, muskox, elk, mule, or ass, unless the person using 29 the brand holds a written certificate of acceptance from the commissioner. 30 * Sec. 4. AS 16.40.050(c) is amended to read: 31 (c) [NOTWITHSTANDING OTHER PROVISIONS OF LAW, A LICENSE
01 OR PERMIT FROM THE DEPARTMENT, OTHER THAN A GAME MAMMAL 02 FARMING LICENSE, IS NOT REQUIRED IN ORDER TO IMPORT, EXPORT, OR 03 POSSESS ELK FOR THE PURPOSE OF ELK FARMING.] A live elk may not be 04 captured from the wild or released into the wild without an appropriate license or 05 permit from the department. 06 * Sec. 5. AS 16.40.050(a), 16.40.050(b), 16.40.050(d), and 16.40.050(e) are repealed.