00HOUSE CS FOR SENATE BILL NO. 74(JUD)                                                                                  
01 "An Act relating to hunting on the same day airborne."                                                                  
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  AS 16.05.783(a) is amended to read:                                                                  
04  (a)  A person may not shoot [OR ASSIST IN SHOOTING] a free-ranging wolf,                                              
05 wolverine, fox, or lynx the same day that a person has been airborne.  However, the                                     
06 Board of Game may authorize a  predator  [WOLF] control program involving [THE]                                       
07 shooting [OF WOLVES] from the air if                                                                                    
08    (1)  the commissioner of fish and game makes written findings based                                                 
09 on  biological  [ADEQUATE] data [DEMONSTRATING] that                                                                  
10    (A)  predation is an important factor contributing to a low                                                       
11 or declining prey population that is inconsistent with a game management                                                
12 program authorized by the Board of Game, and that a reduction of                                                        
13 predation can reasonably be expected to result in aiding an increase in the                                             
14 prey population or in arresting the decline of the prey population; or                                                  

01   (B)  a disease or parasite of a predator population                                                                 
02   (i)  is threatening the normal biological condition of                                                             
03 the predator population; or                                                                                             
04   (ii)  if left untreated, would spread to other                                                                     
05 populations; and                                                                                                        
06   (2)  the commissioner determines that airborne or same day                                                           
07 airborne shooting is necessary to accomplish a game management program                                                  
08 authorized by the Board of Game  [A BIOLOGICAL EMERGENCY EXISTS AND                                                    
09 THAT THERE IS NO FEASIBLE SOLUTION OTHER THAN AIRBORNE                                                                  
10 CONTROL TO ELIMINATE THE BIOLOGICAL EMERGENCY, AND                                                                      
11   (2)  THE PROGRAM IS CONDUCTED ONLY BY DEPARTMENT                                                                     
12 OF FISH AND GAME PERSONNEL                                                                                              
13   (3)  THE PROGRAM IS LIMITED TO THE SPECIFIC                                                                          
14 GEOGRAPHICAL AREA WHERE THE BIOLOGICAL EMERGENCY EXISTS,                                                                
15 AND                                                                                                                     
16   (4)  THE PROGRAM REMOVES ONLY THE MINIMUM NUMBER                                                                     
17 OF WOLVES NECESSARY TO ELIMINATE THE BIOLOGICAL EMERGENCY].                                                             
18    * Sec. 2.  AS 16.05.783(b) is amended to read:                                                                     
19  (b)  This section does not apply to                                                                                   
20    (1)   a person who was airborne the same day if that person was airborne                                          
21 only on a regularly scheduled commercial flight ; or                                                                   
22   (2)  an employee or agent of the department who, as part of a game                                                   
23 management program, is authorized to shoot or to assist in shooting wolf,                                               
24 wolverine, fox, or lynx on the same day that the employee or agent has been                                             
25 airborne .                                                                                                             
26    * Sec. 3.  AS 16.05.783(d) is amended by adding a new paragraph to read:                                           
27   (3)  "game management program" means a program authorized by the                                                     
28 Board of Game or the commissioner to achieve identified game management objectives                                      
29 in a designated geographic area.                                                                                        
30    * Sec. 4.  AS 16.05.783(d)(2) is repealed.