HB 256: "An Act relating to active game management and to the airborne or same day airborne taking of certain game animals; making conforming amendments; and providing for an effective date."
00 HOUSE BILL NO. 256 01 "An Act relating to active game management and to the airborne or same day airborne 02 taking of certain game animals; making conforming amendments; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.54.750(f) is amended to read: 06 (f) Notwithstanding (b) of this section, a registered guide-outfitter who is 07 registered in three guide use areas may also register for and conduct big game hunting 08 services for wolf, black bear, brown bear, or grizzly bear in guide use areas within a 09 game management unit or portion of a game management unit where the Board of 10 Game has identified predation by wolf, black bear, brown bear, or grizzly bear as a 11 cause of the depletion of a [BIG] game [PREY] population or a reduction of the 12 productivity of a [BIG] game [PREY] population that is the basis for the establishment 13 of a [AN INTENSIVE MANAGEMENT] program under AS 16.05.255(f) in the 14 game management unit or portion of the game management unit or for the declaration
01 of the biological emergency in the game management unit or portion of the game 02 management unit. A registered guide-outfitter may only conduct hunts in a guide use 03 area under this subsection for the big game species identified by the Board of Game as 04 the cause of the depletion or reduction of productivity of a [BIG] game [PREY] 05 population. 06 * Sec. 2. AS 16.05.050(b) is amended to read: 07 (b) The commissioner shall annually submit a report to the Board of Game 08 regarding the department's implementation during the preceding three years of 09 [INTENSIVE MANAGEMENT] programs that have been established by the board 10 under AS 16.05.255(f) [AS 16.05.255] for identified [BIG] game [PREY] populations. 11 * Sec. 3. AS 16.05.255(e) is repealed and reenacted to read: 12 (e) The Board of Game shall identify moose, caribou, and deer populations 13 that are important for providing for a high level of human harvest and shall establish 14 objectives for human harvest and population size of the identified populations. 15 * Sec. 4. AS 16.05.255(f) is repealed and reenacted to read: 16 (f) The Board of Game shall adopt regulations to achieve the objectives 17 established under (e) of this section for human harvest and population size of the 18 identified moose, caribou, and deer populations, including, as it considers advisable, 19 seasons and bag limits, and regulations establishing management actions conducive to 20 achieving the objectives. If an identified moose, caribou, or deer population is not 21 meeting the established objectives, the board shall adopt regulations it considers 22 advisable to restore the population's productivity and increase human harvest, 23 including active management measures and programs. 24 * Sec. 5. AS 16.05.255(j) is repealed and reenacted to read: 25 (j) In this section, 26 (1) "active management" includes predator control; 27 (2) "providing for a high level of human harvest" means allowing 28 allocation of a sufficient portion of the harvestable surplus of a game population to 29 achieve a high probability of success for human harvest of the game population based 30 on biological capabilities of the population and considering all hunter demand. 31 * Sec. 6. AS 16.05.340(a)(15) is amended to read:
01 (15) Nonresident big game tags 02 A nonresident may not take a big game animal without previously purchasing a 03 numbered, nontransferable, appropriate tag, issued under this paragraph. The tag must 04 be affixed to the animal immediately upon capture and must remain affixed until the 05 animal is prepared for storage, consumed, or exported. A tag issued but not used for an 06 animal may be used to satisfy the tagging requirement for an animal of any other 07 species for which the tag fee is of equal or less value. 08 (A) Bear, black, each ............................................................ 225 09 (B) Bear, brown or grizzly, each .......................................... 500 10 (C) Bison, each...................................................................... 450 11 (D) Caribou, each ................................................................. 325 12 (E) Deer, each ....................................................................... 150 13 (F) Elk, each ......................................................................... 300 14 (G) Goat, each ...................................................................... 300 15 (H) Moose, each ................................................................... 400 16 (I) Sheep, each ...................................................................... 425 17 (J) Wolf, each ......................................................................... 30 18 A nonresident is not required to have a nonresident wolf tag to take a wolf in a game 19 management unit if the Board of Game has adopted a [AN INTENSIVE 20 MANAGEMENT] program under AS 16.05.255(f) [AS 16.05.255] for all or a portion 21 of the game management unit. 22 (K) Wolverine, each ............................................................. 175 23 (L) Musk oxen, each ......................................................... 1,100 24 * Sec. 7. AS 16.05.340(a)(21) is amended to read: 25 (21) Nonresident alien big game tags 26 (A) Bear, black, each ............................................................ 300 27 (B) Bear, brown or grizzly, each .......................................... 650 28 (C) Bison, each ......................................................................650 29 (D) Caribou, each ................................................................. 425 30 (E) Deer, each ....................................................................... 200 31 (F) Elk, each ......................................................................... 400
01 (G) Goat, each ...................................................................... 400 02 (H) Moose, each ................................................................... 500 03 (I) Musk oxen, each ........................................................... 1,500 04 (J) Sheep, each ...................................................................... 550 05 (K) Wolf, each ........................................................................ 50 06 A nonresident alien is not required to have a nonresident alien wolf tag to take a wolf 07 in a game management unit if the Board of Game has adopted a [AN INTENSIVE 08 MANAGEMENT] program under AS 16.05.255(f) [AS 16.05.255] for all or a portion 09 of the game management unit. 10 (L) Wolverine, each 250 11 * Sec. 8. AS 16.05.783(a) is amended to read: 12 (a) A person may not shoot or assist in shooting a free-ranging wolf, [OR] 13 wolverine, or brown bear the same day that the [A] person has been airborne. 14 However, the Board of Game may authorize a predator control program [AS PART 15 OF A GAME MANAGEMENT PLAN] that involves airborne or same day airborne 16 shooting of wolves, wolverines, or brown bears if the board determines that the 17 program would be conducive to achieving the objectives established for human 18 harvest or population size of a moose, caribou, or deer population identified 19 under AS 16.05.255(e) or would be conducive to the health of a predator 20 population, and if the program is limited to the area necessary for that purpose 21 [HAS DETERMINED BASED ON INFORMATION PROVIDED BY THE 22 DEPARTMENT 23 (1) IN REGARD TO AN IDENTIFIED BIG GAME PREY 24 POPULATION UNDER AS 16.05.255(g) THAT OBJECTIVES SET BY THE 25 BOARD FOR THE POPULATION HAVE NOT BEEN ACHIEVED AND THAT 26 PREDATION IS AN IMPORTANT CAUSE FOR THE FAILURE TO ACHIEVE 27 THE OBJECTIVES SET BY THE BOARD, AND THAT A REDUCTION OF 28 PREDATION CAN REASONABLY BE EXPECTED TO AID IN THE 29 ACHIEVEMENT OF THE OBJECTIVES; OR 30 (2) THAT A DISEASE OR PARASITE OF A PREDATOR 31 POPULATION
01 (A) IS THREATENING THE NORMAL BIOLOGICAL 02 CONDITION OF THE PREDATOR POPULATION; OR 03 (B) IF LEFT UNTREATED, WOULD SPREAD TO OTHER 04 POPULATIONS]. 05 * Sec. 9. AS 16.05.783(b) is amended to read: 06 (b) This section does not apply to 07 (1) a person who was airborne the same day if that person was airborne 08 only on a regularly scheduled commercial flight; or 09 (2) an employee of the department who [, AS PART OF A GAME 10 MANAGEMENT PROGRAM,] is authorized under powers and duties in 11 AS 16.05.050 to take wolves, wolverines, or brown bears [TO SHOOT OR TO 12 ASSIST IN SHOOTING WOLF, WOLVERINE, FOX, OR LYNX ON THE SAME 13 DAY THAT THE EMPLOYEE HAS BEEN AIRBORNE]. 14 * Sec. 10. AS 16.05.783(f) is amended by adding a new paragraph to read: 15 (3) "shooting" does not include the administration of tranquilizers or 16 other drugs intended to be nonlethal. 17 * Sec. 11. AS 16.05.255(g), 16.05.783(d), 16.05.783(e), and 16.05.783(f)(2) are repealed. 18 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION: REGULATIONS. The Board of Game may proceed to adopt 21 regulations necessary to implement the changes made by this Act. The regulations take effect 22 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 23 statutory changes. 24 * Sec. 13. Section 12 of this Act takes effect immediately under AS 01.10.070(c). 25 * Sec. 14. Except as provided in sec. 13 of this Act, this Act takes effect July 1, 2007.