00 SENATE BILL NO. 170 01 "An Act relating to the Department of Fish and Game, the Board of Fisheries, and the 02 Board of Game; relating to the taking of big game and to the disposition of a mount, 03 trophy, or part of a fish or game animal; setting fees for certain trapping licenses and 04 certain hunting licenses, permits, and tags; setting fees for the resident combined 05 hunting, trapping, and sport fishing license and the resident combined hunting and 06 sport fishing license; relating to the resident small game hunting license; setting 07 application fees for certain hunting permits and stamps; establishing a surcharge on 08 hunting, trapping, and sport fishing licenses; relating to certain hunting, trapping, and 09 sport fishing licenses, tags, permits, and stamps; relating to the fish and game fund; 10 relating to violations of fish and game laws; relating to state management of wildlife; 11 relating to endangered fish and wildlife; and providing for an effective date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 01  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 02 to read: 03 LEGISLATIVE INTENT. It is the intent of the Alaska State Legislature that the 04 additional revenue generated from the hunting and trapping fees established or increased by 05 this Act be used to maximize hunting and trapping opportunities throughout the state, with the 06 specific purpose of supporting programs designed to increase the harvestable surplus of game 07 for human consumptive uses. 08  * Sec. 2. AS 16.05.020 is amended to read: 09 Sec. 16.05.020. Functions of commissioner. The commissioner shall 10 (1) supervise and control the department, and may appoint and employ 11 division heads, enforcement agents, and the technical, clerical, and other assistants 12 necessary for the general administration of the department; 13 (2) manage, protect, maintain, improve, and extend the fish, game,  14 non-game, and aquatic plant resources of the state, for which the Board of Fisheries  15 or the Board of Game has either authorized the taking for consumptive uses or  16 adopted regulations regarding the conservation, development, or utilization of  17 the resource, in the interest of the economy and general well-being of the state; 18 (3) have necessary power to accomplish the foregoing including, but 19 not limited to, the power to delegate authority to subordinate officers and employees 20 of the department. 21  * Sec. 3. AS 16.05.050 is amended by adding new subsections to read: 22 (c) Except as otherwise expressly required by law, the commissioner may 23 exercise the powers conferred on the commissioner under this title to manage, protect, 24 maintain, improve, or extend the fish, game, or aquatic plant resources of the state for 25 only those species that the Board of Fisheries or the Board of Game has authorized the 26 taking for consumptive uses. 27 (d) The commissioner shall manage non-game in accordance with regulations 28 adopted by the Board of Game. 29 (e) Except as provided under AS 16.05.092 or AS 16.20 or under regulations 30 adopted by the Board of Fisheries under AS 16.05.251(a) or the Board of Game under 31 AS 16.05.255(a) or (e), the commissioner may not manage, improve, or manipulate 01 land or water or otherwise alter, or restrict access to, habitat occupied or used by fish, 02 wildlife, or aquatic plant resources of the state. 03 (f) Notwithstanding other provisions of law, a plan, strategy, guideline, or 04 similar document that establishes a policy for the management of fish or game that is 05 prepared by the department shall be submitted to the appropriate board for the board's 06 approval before the department implements the policy. 07 (g) Notwithstanding AS 37.07.080(e), the commissioner may not transfer 08 more than $5,000 between projects, objects of expenditures, or allocations without the 09 approval of the office of management and budget and review by the Legislative 10 Budget and Audit Committee under the procedures set out under AS 37.07.080(h)(1) - 11 (3). 12 (h) Notwithstanding (g) of this section, the commissioner may not expend 13 funds appropriated from revenue from the sale of hunting, trapping, and sport fishing 14 licenses, tags, stamps, and permits or from federal funds received under the Pittman - 15 Robertson or Dingell - Johnson/Wallop - Breaux programs for a purpose for which the 16 revenue or funds may not be used under AS 16.05.130. 17  * Sec. 4. AS 16.05.090(a) is amended to read: 18 (a) The commissioner may [, WITH THE APPROVAL OF THE 19 GOVERNOR,] establish a departmental division of commercial fisheries, a 20 departmental division of sport fisheries, a departmental division of game, and other 21 departmental administrative and organizational units [DIVISIONS] as are 22 approved by the governor under AS 44.17.020 [NECESSARY]. 23  * Sec. 5. AS 16.05.094 is amended to read: 24 Sec. 16.05.094. Duties of section of subsistence hunting and fishing. The 25 section of subsistence hunting and fishing shall 26 (1) compile existing data and conduct studies to gather information, 27 including data from subsistence users, on the use of fish and game resources by  28 subsistence users and on compliance with state fishing, hunting, and trapping  29 licensing requirements by subsistence users [ALL ASPECTS OF THE ROLE OF 30 SUBSISTENCE HUNTING AND FISHING IN THE LIVES OF THE RESIDENTS 31 OF THE STATE]; 01 (2) quantify the amount, nutritional value, and extent of dependence on 02 food acquired through subsistence hunting and fishing; 03 (3) make information gathered available to the public, appropriate 04 agencies, and other organized bodies; 05 (4) provide information to [ASSIST] the department, the Board of 06 Fisheries, and the Board of Game regarding [IN DETERMINING] what uses of fish 07 and game, as well as [WHICH USERS AND] what methods and means, are allowed  08 for [, SHOULD BE TERMED] subsistence uses [, USERS, AND METHODS; 09 (5) EVALUATE THE IMPACT OF STATE AND FEDERAL LAWS 10 AND REGULATIONS ON SUBSISTENCE HUNTING AND FISHING AND, 11 WHEN CORRECTIVE ACTION IS INDICATED, MAKE RECOMMENDATIONS 12 TO THE DEPARTMENT]; 13 (5) [(6)] make recommendations to the Board of Game and the Board 14 of Fisheries regarding [ADOPTION, AMENDMENT, AND REPEAL OF 15 REGULATIONS AFFECTING] subsistence hunting and fishing; 16 (6) assist [(7) PARTICIPATE WITH] other divisions in the 17 preparation of statewide and regional management plans [SO THAT THOSE PLANS 18 RECOGNIZE AND INCORPORATE THE NEEDS OF SUBSISTENCE USERS OF 19 FISH AND GAME]. 20  * Sec. 6. AS 16.05.110(a) is amended to read: 21 (a) The fish and game fund shall be made up of the following money and other 22 money the legislature appropriates, which shall be deposited and retained in the fund 23 until expended in accordance with appropriations made by the legislature: 24 (1) money received from the sale of state sport fishing, hunting, and 25 trapping licenses, tags, stamps, and special permits, waterfowl conservation tags 26 purchased by hunters, and anadromous salmon tags purchased by fishermen; 27 (2) proceeds received from the sale of furs, skins, and specimens taken 28 by predator hunters and other employees; 29 (3) money received in settlement of a claim or loss caused by damage 30 to the fish and wildlife [GAME] resources of the state; 31 (4) money received from federal, state, or other governmental unit, or 01 from a private donor for fish and wildlife [GAME] purposes; 02 (5) interest earned upon money in the fund; 03 (6) money from any other source. 04  * Sec. 7. AS 16.05.110(b) is amended to read: 05 (b) Except for money received as fisheries fines or forfeitures in settlement of 06 a claim or loss caused by damage to the fish resources of the state that is appropriated 07 to or through the division of commercial fisheries management and development, 08 subject to AS 16.05.130, appropriations of money from the fish and game fund and of 09 money received by the state under the federal aid acts described under AS 16.05.140 10 shall be made to the division of wildlife conservation or the division of sport fish. The 11 division of wildlife conservation or the division of sport fish may use money 12 appropriated under this subsection to acquire administrative and other services from 13 other agencies if the division acquires the services through reimbursable services 14 agreements that are approved by the legislature. The division of wildlife 15 conservation and the division of sport fish shall include as part of their budgets 16 prepared under AS 37.07.050 17 (1) a listing of the reimbursable services agreements that are to be 18 funded with money appropriated from the fish and game fund or from federal  19 funds received by the state [UNDER THIS SUBSECTION]; 20 (2) a description of the services to be provided under those 21 agreements; and 22 (3) a listing of the entities that are parties to those agreements. 23  * Sec. 8. AS 16.05.120 is amended by adding a new subsection to read: 24 (b) The additional receipts generated by the license, tag, permit, and stamp 25 fees and application fees established or increased by this Act shall be separately 26 accounted for by the department. For any fiscal year in which the ratio of fixed cost 27 expenditures of the department exceeds 55 percent of the department's budgeted 28 expenditures for the fiscal year, the department may not expend funds derived from 29 the additional receipts generated by the license, tag, permit, and stamp fees and 30 application fees established or increased by this Act until, or unless, the legislature has 31 expressly authorized the expenditure of the funds. 01  * Sec. 9. AS 16.05.130(a) is amended to read: 02 (a) Except as provided in (c) of this section, money accruing to the state from 03 sport fishing, hunting, and trapping licenses, tags, stamps, application fees, or permit 04 fees may not be diverted to a purpose other than the protection, propagation, 05 investigation, and restoration of sport fish and game resources and the expenses of 06 administering the sport fish and game divisions of the department. To ensure that  07 revenue from the sale of hunting, trapping, and sport fishing licenses, tags,  08 stamps, and permits and that the federal funds received under the Pittman -  09 Robertson and Dingell - Johnson/Wallop - Breaux programs are not diverted to  10 purposes other than those authorized under this section, the budget of the  11 department prepared under AS 37.07.050 must account for funding and  12 expenditures for projects that directly benefit purchasers of hunting, trapping,  13 and sport fishing licenses separately from funding and expenditures for projects  14 that do not directly benefit purchasers of hunting, trapping, and sport fishing  15 licenses. Revenue deposited into the fish and game fund from the sale of hunting,  16 trapping, and sport fishing licenses, tags, stamps, and permits, from application  17 fees, and from federal funds received under the Pittman - Robertson and Dingell  18 - Johnson/Wallop - Breaux programs and expenditures of the revenue and funds  19 may not be combined or commingled with expenditures of other revenue or  20 funds, or used to provide matching funds, for projects that do not directly benefit  21 purchasers of hunting, trapping, and sport fishing licenses.  22  * Sec. 10. AS 16.05.130(b) is amended to read: 23 (b) Money accruing to the state from waterfowl conservation tag fees from 24 hunters may not be diverted to a purpose other than (1) the conservation and 25 enhancement of waterfowl; (2) the acquisition, by lease or otherwise, of wetlands that 26 are important for waterfowl and public use of waterfowl in the state; (3) waterfowl 27 related projects approved by the commissioner; (4) the administration of the waterfowl 28 conservation program; and (5) waterfowl conservation emergencies in the state as 29 determined by the commissioner or the Board of Game [GOVERNOR]. The 30 department shall maintain a state waterfowl conservation tag fee account within the 31 fish and game fund to permit separate accounting records for the receipt and 01 expenditure of money derived from the sale of waterfowl conservation tags. The 02 department shall prepare a report before April 15 of each even-numbered year for the 03 public and the legislature on the use of money derived from waterfowl conservation 04 tags and limited edition prints. The department shall notify the legislature that the 05 report is available. 06  * Sec. 11. AS 16.05.130(d) is amended to read: 07 (d) Revenue from the sale of [GENERAL] hunting, trapping, and sport 08 fishing licenses, [AND] tags, stamps, and permits, and application fees together 09 with the federal matching funds from Pittman - Robertson and [,] Dingell - 10 Johnson/Wallop - Breaux programs shall be allocated by the department only to 11 projects that [PROGRAMS INTENDED TO] directly benefit [LICENSE] purchasers 12 of [GENERAL] hunting, trapping, and sport fishing licenses in participating in the  13 activities for which the licenses were purchased and may not be used to provide  14 matching funds for, or otherwise support, projects that do not directly benefit  15 purchasers of hunting, trapping, and sport fishing licenses unless approved by  16 the legislature by appropriation. The department shall prepare an annual report by 17 project of expenditures from the fish and game fund and notify the legislature that the 18 report is available. The report must contain a separate accounting of the  19 expenditures of all projects funded from the fish and game fund and of all game  20 and noncommercial fish projects that do and do not directly benefit purchasers  21 of hunting, trapping, and sport fishing licenses. The report must include an  22 accounting of the costs of each project and a description of the source of funds,  23 including federal and other funds, expended for the project.  24  * Sec. 12. AS 16.05.130 is amended by adding a new subsection to read: 25 (e) In this section, "project" means an activity that has a single purpose for 26 which the department expends funds or administrative, material, personnel, or other 27 department resources. 28  * Sec. 13. AS 16.05.190 is amended to read: 29 Sec. 16.05.190. Seizure and disposition of equipment. Guns, traps, nets, 30 fishing tackle, boats, aircraft, automobiles or other vehicles, sleds, and other 31 paraphernalia used in or in aid of a violation of this chapter or a regulation of the 01 department may be seized under a valid search, and all fish and wildlife [GAME], or 02 parts of fish and wildlife [GAME], or nests or eggs of birds, taken, transported, or 03 possessed contrary to the provisions of this chapter or a regulation of the department 04 shall be seized by any peace officer designated in AS 16.05.150. Upon conviction of 05 the offender or upon judgment of the court having jurisdiction that the item was taken, 06 transported, or possessed in violation of this chapter or a regulation of the department, 07 all fish and wildlife [GAME], or parts of them are forfeited to the state and shall be 08 disposed of as directed by the court. If sold, the proceeds of the sale shall be 09 transmitted to the proper state officer for deposit in the general fund. Guns, traps, 10 nets, fishing tackle, boats, aircraft, or other vehicles, sleds, and other paraphernalia 11 seized under the provisions of this chapter or a regulation of the department, unless 12 forfeited by order of the court, shall be returned, after completion of the case and 13 payment of the fine, if any. 14  * Sec. 14. AS 16.05.195(a) is amended to read: 15 (a) Guns, traps, nets, fishing gear, vessels, aircraft, other motor vehicles, sleds, 16 and other paraphernalia or gear used in or in aid of a violation of this title or AS 08.54, 17 or regulation adopted under this title or AS 08.54, and all fish and wildlife [GAME] or 18 parts of fish and wildlife [GAME] or nests or eggs of birds taken, transported, or 19 possessed contrary to the provisions of this title or AS 08.54, or regulation adopted 20 under this title or AS 08.54, may be forfeited to the state 21 (1) upon conviction of the offender in a criminal proceeding of a 22 violation of this title or AS 08.54 in a court of competent jurisdiction; or 23 (2) upon judgment of a court of competent jurisdiction in a proceeding 24 in rem that an item specified above was used in or in aid of a violation of this title or 25 AS 08.54 or a regulation adopted under this title or AS 08.54. 26  * Sec. 15. AS 16.05.195(c) is amended to read: 27 (c) An action for forfeiture under this section may be joined with an 28 alternative action for damages brought by the state to recover damages for the value of 29 fish and wildlife [GAME] or parts of them or nests or eggs of birds taken, transported, 30 or possessed contrary to the provisions of this title or a regulation adopted under this  31 title [IT]. 01  * Sec. 16. AS 16.05.221(b) is amended to read: 02 (b) For purposes of the conservation and development of the wildlife [GAME] 03 resources of the state, there is created a Board of Game composed of seven members 04 appointed by the governor, subject to confirmation by a majority of the members of 05 the legislature in joint session. The governor shall appoint each member on the basis 06 of interest in public affairs, good judgment, knowledge, and ability in the field of 07 action of the board, and with a view to providing diversity of interest and points of 08 view in the membership. The appointed members shall be residents of the state and 09 shall be appointed without regard to political affiliation or geographical location of 10 residence. The commissioner is not a member of the Board of Game, but shall be ex 11 officio secretary. 12  * Sec. 17. AS 16.05.251 is amended by adding new subsections to read: 13 (i) The Board of Fisheries shall accord a priority to the conservation, 14 development, and utilization of those fish species which the board has authorized to be 15 taken for consumptive uses and may determine on an area by area basis the level of 16 priority assigned to each species for which consumptive uses are authorized. The 17 board shall accord a subordinate priority to the conservation, development, and 18 utilization of species for which consumptive uses have not been authorized by the 19 board. Except for fish species or subspecies determined by the board to be endangered 20 under AS 16.20.190, the board may not amend or repeal regulations authorizing the 21 consumptive use of a fish species, including regulations relating to methods, means, 22 and seasons of harvest, bag limits, access, and similar matters, based on the level of 23 abundance of a population of a finfish, aquatic invertebrate, or amphibian species 24 which the board has not authorized to be taken for consumptive uses. 25 (j) The Board of Fisheries shall adopt by regulation all plans, strategies, 26 guidelines, and similar documents that establish policies for the management of fish in 27 the state. The department shall submit each plan, strategy, guideline, or similar 28 document prepared by the department that establishes policies for the management of 29 fish for the approval by the board before the policies are implemented by the 30 department. 31  * Sec. 18. AS 16.05.255(e) is amended to read: 01 (e) The Board of Game shall adopt regulations to provide for intensive 02 management programs to restore the abundance or productivity of identified big game 03 prey populations as necessary to achieve human consumptive use goals of the board in 04 an area where the board has determined that 05 [(1)] consumptive use of the big game prey population is a preferred 06 use and, based on information provided by the department, or another reliable  07 source, that would lead a reasonable person who is knowledgeable and  08 experienced in game management in this state to form an opinion that 09 (1) [; (2)] depletion of the big game prey population or reduction of 10 the productivity of the big game prey population has occurred and may result in a 11 significant reduction in the allowable human harvest of the population; and 12 (2) [(3)] enhancement of abundance or productivity of the big game 13 prey population is reasonably [FEASIBLY] achievable utilizing recognized and 14 prudent active management techniques. 15  * Sec. 19. AS 16.05.255 is amended by adding new subsections to read: 16 (k) The Board of Game shall accord a priority to the conservation, 17 development, and utilization of species of game and may determine on an area by area 18 basis the level of priority assigned to each species for which consumptive uses are 19 authorized. The board shall accord a subordinate priority to the conservation, 20 development, and utilization of species that the board has not authorized to be taken 21 for consumptive uses. Except for a species or subspecies determined by the board to 22 be endangered under AS 16.20.190, the board may not amend or repeal regulations 23 authorizing consumptive uses of a game species, including regulations relating to 24 methods, means, and seasons of harvest, bag limits, access, and similar matters, based 25 on the level of abundance of a population of a mammal, bird, reptile, insect, or other 26 animal species for which the board has not adopted regulations authorizing the taking 27 of that species for consumptive uses. 28 (l) The Board of Game shall adopt by regulation all plans, strategies, 29 guidelines, and similar documents that establish policies for the management of game 30 in the state. The department shall submit each plan, strategy, guideline, or similar 31 document prepared by the department that establishes policies for the management of 01 game for the approval by the board before the policies are implemented by the 02 department. 03 (m) The Board of Game may adopt regulations the board considers advisable 04 for the conservation, development, and utilization of non-game for the management of 05 non-game by the department. 06  * Sec. 20. AS 16.05.340(a)(2) is amended to read: 07 (2) Resident hunting license .................................................... 50 [25] 08  * Sec. 21. AS 16.05.340(a)(3) is amended to read: 09 (3) Resident hunting and trapping license ............................... 79 [39] 10  * Sec. 22. AS 16.05.340(a)(4) is amended to read: 11 (4) Resident trapping license ................................................... 30 [15] 12  * Sec. 23. AS 16.05.340(a)(5) is amended to read: 13 (5) Resident hunting and sport fishing license ........................ 64 [39] 14  * Sec. 24. AS 16.05.340(a)(6) is amended to read: 15 (6) Resident hunting, trapping, and sport fishing license ....... 94 [53]; 16 (A) however, the fee is $5 for an applicant who 17 (i) is receiving or has received assistance during the 18 preceding six months under any state or federal welfare program to aid 19 the indigent; or 20 (ii) has an annual family gross income of less than 21 $8,200 for the year preceding application; 22 (B) a person paying $5 for a resident hunting, trapping, and 23 sport fishing license shall [MUST] provide proof of eligibility under this 24 paragraph when purchasing the license [REQUESTED BY THE 25 DEPARTMENT]. 26  * Sec. 25. AS 16.05.340(a)(9) is amended to read: 27 (9) Nonresident hunting license ............................................. 150 [85] 28  * Sec. 26. AS 16.05.340(a)(11) is amended to read: 29 (11) Nonresident hunting and trapping license ................... 300 [250] 30  * Sec. 27. AS 16.05.340(a)(15) is amended to read: 31 (15) Nonresident big game tags 01 A nonresident, including a nonresident alien, may not take a big game animal 02 without previously purchasing a numbered, nontransferable, appropriate tag, issued 03 under this paragraph. The tag must be affixed to the animal immediately upon capture 04 and must remain affixed until the animal is prepared for storage, consumed, or 05 exported. A tag issued but not used for an animal may be used to satisfy the tagging 06 requirement for an animal of any other species for which the tag fee is of equal or less 07 value. 08 (A) Bear, black, each ............................................... 325 [225] 09 (B) Bear, brown or grizzly, each ............................. 750 [500] 10 (C) Bison, each ...................................................... 1000 [450] 11 (D) Caribou, each .................................................... 425 [325] 12 (E) Deer, each .......................................................... 200 [150] 13 (F) Elk, each ............................................................ 500 [300] 14 (G) Goat, each ......................................................... 750 [300] 15 (H) Moose, each ...................................................... 500 [400] 16 (I) Sheep, each ......................................................... 750 [425] 17 (J) Wolf, each .............................................................. 50 [30] 18 A nonresident is not required to have a nonresident wolf tag to take a wolf in a 19 game management unit if the Board of Game has adopted an intensive 20 management program under AS 16.05.255 for all or a portion of the game 21 management unit. 22 (K) Wolverine, each ................................................ 250 [175] 23 (L) Musk ox [OXEN], each ............................... 1,500 [1,100] 24  * Sec. 28. AS 16.05.340(a)(17) is amended to read: 25 (17) Waterfowl conservation tag ............................................... 10 [5] 26 (A) A person may not engage in waterfowl hunting without 27 having the current year's waterfowl conservation tag in the person's actual 28 possession, unless that person 29 (i) qualifies for a $5 license fee under (6) of this 30 subsection; 31 (ii) is a resident under the age of 16; 01 (iii) is 60 years of age or older and is a resident; 02 (iv) is a disabled veteran eligible for a free license under 03 AS 16.05.341. 04 (B) The Board of Game shall by regulation suspend 05 [EXEMPT] the requirement of a waterfowl conservation tag for waterfowl 06 hunting in areas of the state not likely to benefit from programs described in 07 AS 16.05.130(b)(2) - (4). 08  * Sec. 29. AS 16.05.340(a)(19) is amended to read: 09 (19) Nonresident small game hunting license ......................... 50 [20] 10  * Sec. 30. AS 16.05.340(a)(20) is amended to read: 11 (20) Nonresident alien hunting license ................................ 450 [300] 12 A nonresident alien may not take a big game animal without previously purchasing a 13 numbered, nontransferable, appropriate nonresident big game tag, issued under (15) [(21)] of 14 this subsection. [THE TAG MUST BE AFFIXED TO THE ANIMAL IMMEDIATELY 15 UPON CAPTURE AND MUST REMAIN AFFIXED UNTIL THE ANIMAL IS 16 PREPARED FOR STORAGE, CONSUMED, OR EXPORTED. A TAG ISSUED BUT NOT 17 USED FOR AN ANIMAL MAY BE USED TO SATISFY THE TAGGING 18 REQUIREMENT FOR AN ANIMAL OF ANY OTHER SPECIES FOR WHICH THE TAG 19 FEE IS OF EQUAL OR LESS VALUE.] 20  * Sec. 31. AS 16.05.340(a) is amended by adding a new paragraph to read: 21 (27) Resident small game hunting license ...................................... 25. 22  * Sec. 32. AS 16.05.340(d) is amended to read: 23 (d) Members of the military service on active duty who are permanently 24 stationed in the state, and their dependents, who do not qualify as residents under 25 AS 16.05.415, may obtain special nonresident military small game and sport fishing 26 licenses at the rates for resident small game hunting and sport fishing licenses, but 27 may not take a big game animal without previously purchasing a regular nonresident 28 hunting license and a numbered, nontransferable appropriate tag, issued at one-half of 29 the nonresident rate, under (a)(15) of this section. 30  * Sec. 33. AS 16.05.340 is amended by adding new subsections to read: 31 (j) By regulation, the commissioner may authorize a reduction, not to exceed 01 five percent, in the fee for a license, permit, stamp, or tag issued under AS 16.05.330 - 02 16.05.430 that is purchased through the department's Internet web site. 03 (k) In addition to the fee for a hunting, trapping, or sport fishing license set 04 under (a) of this section, the department shall collect an access surcharge on each 05 individual or combined hunting, trapping, or sport fishing license sold. The amount of 06 the surcharge is $1 for each individual or combined resident hunting, trapping, or sport 07 fishing license sold and $5 for each individual or combined nonresident hunting, 08 trapping, or sport fishing license sold. The proceeds of the surcharge must be 09 separately accounted and may be appropriated for the acquisition of easements, rights- 10 of-way, and land to provide access to fish and game for holders of hunting, trapping, 11 and sport fishing licenses. 12  * Sec. 34. AS 16.05.346(a) is amended to read: 13 (a) If the Board of Game establishes an open season for musk oxen and has 14 not reduced or eliminated the $500 resident tag fee under AS 16.05.340(a)(16), the 15 department shall conduct a drawing for permits to take the musk oxen. If the Board of 16 Game establishes an open season for musk oxen for which the Board of Game has 17 reduced or eliminated the resident tag fee, the department shall issue permits to take 18 the musk oxen in the order in which applications are received by the department. A 19 person is not eligible for more than one musk oxen permit a year. The department 20 may not charge a fee for an application for a musk oxen permit for an open season in 21 which the Board of Game has reduced or eliminated the resident tag fee under 22 AS 16.05.340(a)(16). In all other cases the application fee for a musk oxen permit is 23 $15 [$10]. 24  * Sec. 35. AS 16.05.346(b) is amended to read: 25 (b) The application fee for a drawing permit issued by the department for the 26 hunting of bison is $15 [$10]. 27  * Sec. 36. AS 16.05.346(c) is amended to read: 28 (c) Except as provided in (a) and (b) of this section, the permit application fee 29 for all species for which a limited drawing is conducted is $7.50 [$5]. 30  * Sec. 37. AS 16.05.346 is amended by adding new subsections to read: 31 (e) The application fee for a hunting permit issued by the department under 01 AS 16.05.258(b)(4), known as a tier II hunting permit, is $10. A person is exempt 02 from the payment of the application fee for a tier II hunting permit if the person is 03 (1) blind; 04 (2) under the age of 16; 05 (3) 60 years of age or older; or 06 (4) a disabled veteran eligible for a free license under AS 16.05.341. 07 (f) The application fee for an annual registration hunt stamp is $10. A person 08 shall obtain an annual registration hunt stamp before participating in a hunt for which 09 a registration stamp is required by regulation of the Board of Game. A person is 10 exempt from the payment of the annual registration hunt stamp application fee if the 11 person is 12 (1) blind; 13 (2) under the age of 16; 14 (3) 60 years of age or older; or 15 (4) a disabled veteran eligible for a free license under AS 16.05.341. 16  * Sec. 38. AS 16.05 is amended by adding a new section to read: 17 Sec. 16.05.348. Deferral of issuance of hunting permits to take brown or  18 grizzly bear or wolf. The Board of Game may establish a hunting permit deferral 19 program in areas adjacent to or near state game sanctuaries established under 20 AS 16.20 and federal national parks. If, upon review of current biological information 21 and historical harvest records for a brown or grizzly bear population or wolf 22 population in an area, the board has authorized the issuance of a fixed number of 23 hunting permits to take brown or grizzly bear or wolf in the area, the board may 24 establish a hunting permit deferral program for that species in that area. The board 25 shall give special consideration to the establishment of permit deferral programs in 26 areas where the management of a brown or grizzly bear population or wolf population 27 is affected by the habituation of brown or grizzly bears and wolves to the presence of 28 humans at popular wildlife viewing locations. Upon the establishment of a hunting 29 permit deferral program for an area, the commissioner shall defer the issuance of one 30 brown or grizzly bear or one wolf hunting permit for the area for a calendar year when 31 the appropriate permit deferral fee is received. Notwithstanding AS 16.05.080, the 01 commissioner shall set the amount of the hunting permit deferral fee at an amount that 02 reasonably reflects the amount of the fee for the brown or grizzly bear hunting permit 03 or wolf hunting permit that would not be issued and the value to the state economy 04 attributable to the expenses incurred by a person to take the brown or grizzly bear or 05 wolf for which the hunting permit would otherwise be issued. The permit deferral fee 06 may be paid by an individual, a group of individuals, or any legal entity. The 07 commissioner shall deposit the proceeds from the permit deferral fee in the fish and 08 game fund. 09  * Sec. 39. AS 16.05.350(a) is amended to read: 10 (a) Licenses, permits, stamps, and tags required under AS 16.05.330 - 11 16.05.430, except biennial licenses, triennial licenses, the nonresident sport fishing 12 licenses, the resident trapping license, the nonresident anadromous king salmon tags, 13 the waterfowl conservation tag, and permits having a different specified expiration 14 date, expire at the close of December 31 following issuance. 15  * Sec. 40. AS 16.05.360(a) is amended to read: 16 (a) The commissioner or the commissioner's designee [AN AUTHORIZED 17 DEPUTY] shall issue each license, [AND] tag, permit, stamp, certificate, or other  18 document issued by the department that is required by law as a prerequisite to  19 engaging in an activity authorized by the Board of Fisheries or Board of Game to 20 a qualified person under written application containing such reasonable information as 21 required by the commissioner. The commissioner shall designate the [LICENSE 22 AND TAG] form or type of the document. The document [FORM OR TYPE] must 23 be sufficient to identify and locate the applicant and establish the applicant's status as 24 to residency and citizenship. Each application shall be subscribed by the applicant. 25  * Sec. 41. AS 16.05.380 is amended to read: 26 Sec. 16.05.380. Commissioner may appoint agents. The commissioner may 27 appoint state employees or other persons to take applications, issue licenses, permits, 28 stamps, and tags, and collect fees. The commissioner is not liable for defalcation or 29 failure to account for the fees collected by any person so appointed, but the 30 commissioner shall require a bond in an adequate sum, conditioned upon faithfully 31 accounting for all money collected. However, the commissioner may waive the bond 01 requirements of an instrumentality of the United States or its agents and employees 02 when the instrumentality or its agents or employees sell licenses, permits, or tags 03 primarily to persons in the armed forces. Each person, upon appointment by the 04 commissioner, may administer oaths on applications for licenses, permits, stamps, and 05 tags. 06  * Sec. 42. AS 16.05.390(a) is amended to read: 07 (a) Except as provided in (e) of this section, an agent appointed by the 08 commissioner under AS 16.05.380 to sell licenses, permits, stamps, and tags is 09 entitled to 10 (1) retain five percent of the fee that is charged for a license, permit, 11 stamp, or tag or 25 cents for each license, permit, stamp, or tag sold, whichever is 12 greater; and 13 (2) compensation of $50 a [PER] year or $1 for each license, permit, 14 stamp, or tag sold during the year, whichever is greater. 15  * Sec. 43. AS 16.05.390(b) is amended to read: 16 (b) Each agent appointed to sell licenses, permits, stamps, or tags under 17 AS 16.05.380 shall, as directed by the commissioner, transmit the proceeds from the 18 sales of licenses, permits, stamps, and tags, except the amount authorized to be 19 retained under (a)(1) of this section, together with a report of the sales, to the 20 commissioner for deposit in the fish and game fund or the general fund. 21  * Sec. 44. AS 16.05.390(c) is amended to read: 22 (c) On March 31, June 30, September 30, and December 31 of each year, the 23 commissioner shall calculate the compensation earned by an agent under (a)(2) of this 24 section, minus the penalties assessed under (g) of this section. If the compensation 25 due exceeds $50, the commissioner shall pay the compensation not later than 30 days 26 after the date for which the compensation was calculated. If the compensation due is 27 $50 or less, the commissioner shall pay the compensation not later than January 30 of 28 the year following the year in which the compensation was earned. The commissioner 29 shall pay compensation only for sales of licenses, permits, stamps, or tags for which 30 the commissioner has received the report and proceeds required to be transmitted 31 under (b) of this section. 01  * Sec. 45. AS 16.05.390(e) is amended to read: 02 (e) The provisions of (a) of this section do not apply to a state employee 03 appointed by the commissioner under AS 16.05.380 to sell licenses, permits, stamps, 04 and tags. 05  * Sec. 46. AS 16.05.390(f) is amended to read: 06 (f) Proceeds and reports under (b) of this section shall be transmitted to the 07 commissioner by the last day of the month following the month in which the licenses, 08 permits, stamps, and tags are sold, unless an alternative reporting schedule has been 09 established by contract. 10  * Sec. 47. AS 16.05.405 is amended by adding new subsections to read: 11 (g) Notwithstanding (a) - (f) of this section and AS 16.05.420(c), a resident 12 who has a valid hunting license to take big game or who is exempt from the hunting 13 license requirement under AS 16.05.400 may take a big game animal on behalf of 14 another resident who has a permit, tag, or other written authorization issued by the 15 department under AS 16.05.346 or under regulations of the department or Board of 16 Game to take the animal, if the resident is physically present in the field with the other 17 resident who has the permit, tag, or other written authorization to take the animal and 18 the other resident has provided written authorization for the resident to take the 19 animal. 20 (h) Notwithstanding (a) - (f) of this section and AS 16.05.420(c), a resident 21 may affix a permit, tag, or other written authorization issued by the department under 22 AS 16.05.346 or under regulations of the department or Board of Game that is 23 required to be affixed to a big game animal when the animal has been taken to a big 24 game animal taken by another resident if the resident is physically present in the field 25 with the other resident and has the permission of the other resident who took the big 26 game animal. 27  * Sec. 48. AS 16.05.407(a) is amended to read: 28 (a) Except as provided under AS 16.05.781, it [IT] is unlawful for a 29 nonresident to hunt, pursue, or take brown bear, grizzly bear, mountain goat, or sheep 30 in this state, unless personally accompanied by 31 (1) a person who is licensed as 01 (A) a registered guide or a master guide under AS 08.54 and 02 who is providing big game hunting services to the nonresident under a contract 03 with the nonresident; or 04 (B) a class-A assistant guide or an assistant guide under 05 AS 08.54 and who is employed by a registered guide or a master guide who 06 has a contract to provide big game hunting services to the nonresident; or 07 (2) a resident over 19 years of age who is 08 (A) the spouse of the nonresident; or 09 (B) related to the nonresident, within and including the second 10 degree of kindred, by marriage or blood. 11  * Sec. 49. AS 16.05.408(a) is amended to read: 12 (a) Except as provided under AS 16.05.781, it [IT] is a class A misdemeanor 13 for a nonresident alien to hunt, pursue, or take a big game animal as defined by the 14 Board of Game unless personally accompanied by 15 (1) a registered guide or a master guide licensed under AS 08.54 who 16 is providing big game hunting services to the nonresident alien under a contract with 17 the nonresident alien; or 18 (2) a class-A assistant guide or an assistant guide licensed under 19 AS 08.54 who is employed by a registered guide or a master guide who has a contract 20 to provide big game hunting services to the nonresident alien. 21  * Sec. 50. AS 16.05.420 is amended to read: 22 Sec. 16.05.420. License, tag, permit, stamp, and registration violations.  23 (a) A false statement of a material fact in an application for a license, tag, permit, 24 stamp, and sport fishing vessel registration issued under AS 16.05.330 - 16.05.430 25 voids the license, tag, permit, stamp, or registration for which the application is made. 26 (b) A person may not make a false statement, or omit a material fact, in an 27 application for a license, tag, permit, stamp, or sport fishing vessel registration issued 28 under AS 16.05.330 - 16.05.430. A person who without any culpable mental state 29 makes a false statement as to the person's identity or residency in an application for a 30 license, tag, permit, stamp, or sport fishing vessel registration issued under 31 AS 16.05.330 - 16.05.430 is guilty of a violation and upon conviction is punishable by 01 a fine of not more than $300. A person who knowingly violates this subsection is 02 guilty of a class A misdemeanor. 03 (c) A person to whom a license, permit, tag, stamp, or sport fishing vessel 04 registration has been issued under this chapter may not alter, change, loan, or transfer 05 the license, permit, tag, stamp, or sport fishing vessel registration. A person may not 06 use a license, permit, tag, stamp, or sport fishing vessel registration that has been 07 issued under this chapter to another person. 08  * Sec. 51. AS 16.05 is amended by adding a new section to read: 09 Sec. 16.05.781. Taking of black bear and brown or grizzly bear. (a) If, 10 under AS 16.05.255(e) or (f), the Board of Game has identified predation by bear as a 11 cause of the depletion of a big game prey population or reduction of the productivity 12 of a big game population that is a basis for the establishment of an intensive 13 management program in a game management unit or subunit or for the declaration of 14 the biological emergency in a game management unit or subunit, bear may be taken in 15 the game management unit or subunit under (b) - (h) of this section. The department 16 shall provide notice to the public of when and where (b) - (h) of this section are in 17 effect. The taking of bear under this section is subject to provisions of this title, 18 applicable to the taking of bear, and to regulations governing the method, manner, 19 means, bag limit, or other matters adopted by the Board of Game that do not conflict 20 with (b) - (h) of this section. 21 (b) Subject to (a) of this section, a person may take bear with the use of bait 22 without registration and may relocate viscera and nonedible parts of legally taken 23 game or commercially purchased material for use as bait for bear. 24 (c) Subject to (a) of this section, a person who is airborne may assist another 25 person who is not airborne to locate a bear. 26 (d) Subject to (a) of this section, a person may use an electronic predator call 27 device and electronic telecommunications equipment as an aid to take bear. 28 (e) Subject to (a) of this section, a person may take bear on the same day that 29 the person has been airborne. 30 (f) Subject to (a) of this section and notwithstanding AS 16.05.782, a person 31 may take a bear within one-half mile of a solid waste disposal facility. 01 (g) Subject to (a) of this section, there is no closed season on bear. 02 (h) Subject to (a) of this section and notwithstanding AS 16.05.407 and 03 AS 16.05.408, a nonresident or a nonresident alien who has successfully completed a 04 big game hunter safety course administered by the department under (i) of this section 05 may take a bear if the nonresident or nonresident alien is accompanied by a resident 06 who is over 19 years of age, who has hunted big game in the state during three or more 07 calendar years, who has successfully completed a big game hunter safety course 08 administered by the department under (i) of this section, and who does not receive any 09 remuneration for accompanying the nonresident or nonresident alien to take a bear. A 10 resident may not accompany more than two nonresidents, regardless of whether they 11 are aliens or not, during a calendar year to take a bear under this subsection. 12 (i) The department shall provide a big game hunter safety course for 13 nonresidents and nonresident aliens who intend to hunt for bear under (h) of this 14 section and for residents who intend to accompany a nonresident or nonresident alien 15 to take bear under (h) of this section. The big game hunter safety course must include 16 information on applicable hunting laws and on the hazards of dangerous animals, 17 rugged terrain, weather, and other conditions found in the state. The department shall 18 provide the course materials for the course at each of its offices and through the 19 department's Internet website. The department shall authorize agents to distribute 20 course materials. The department shall offer the test for completion of the hunter 21 safety course at each of its offices. The department may also administer the test for 22 completion of the hunter safety course by mail or through the Internet. The 23 department shall issue a big game hunter safety certificate to each person who 24 successfully completes the course. The department may charge a fee not to exceed 25 $50 to take the test for completion of the hunter safety course. 26 (j) In this section, "bear" means black bear and brown or grizzly bear. 27  * Sec. 52. AS 16.05.810 is amended to read: 28 Sec. 16.05.810. Burden of proof. The possession of fish or wildlife [GAME] 29 or a part of fish or wildlife [GAME], or a nest or egg of a bird during the time the 30 taking of it is prohibited is prima facie evidence that it was taken, possessed, bought, 31 or sold or transported in violation of this chapter. The burden of proof is upon the 01 possessor or claimant of it to overcome the presumption of illegal possession and to 02 establish the fact that it was obtained and is possessed lawfully. This section does not 03 apply 04 (1) during the first full 10 days after the time when a taking is 05 prohibited, except as provided in (3) of this section; 06 (2) if the fish or game or part of fish or game is in a preserved 07 condition whether frozen, smoked, canned, salted, pickled, or otherwise preserved; or 08 (3) with respect to crab aboard a commercial crab fishing vessel, 09 during the first full three days after the time when a taking is prohibited. 10  * Sec. 53. AS 16.05.920(a) is amended to read: 11 (a) Unless permitted by AS 16.05 - AS 16.40, by AS 41.14, or by regulation 12 adopted under AS 16.05 - AS 16.40 or AS 41.14, a person may not take, possess, 13 transport, sell, offer to sell, purchase, or offer to purchase fish, wildlife [GAME], or 14 marine aquatic plants, or any part of fish, wildlife [GAME], or aquatic plants, or a nest 15 or egg of fish or wildlife [GAME]. 16  * Sec. 54. AS 16.05.930(a) is amended to read: 17 (a) This chapter does not prevent the collection or exportation of fish and 18 wildlife [GAME], a part of fish or wildlife [GAME] or a nest or egg of a bird for 19 scientific or educational purposes, or for propagation or exhibition purposes under a 20 permit that the department may issue and prescribe the terms thereof. 21  * Sec. 55. AS 16.05.930(b) is amended to read: 22 (b) This chapter does not prohibit a person from taking fish or wildlife 23 [GAME] during the closed season, in case of dire emergency, as defined by regulation 24 adopted by the appropriate board. 25  * Sec. 56. AS 16.05.930 is amended by adding a new subsection to read: 26 (h) This chapter does not prohibit the purchase, sale, resale, barter, or other 27 transfer for value of a mount, trophy, or part of a lawfully taken fish or game animal. 28 The commissioner, Board of Fisheries, and Board of Game may not prohibit the 29 purchase, sale, resale, barter, or other transfer for value, or the advertising for the 30 purchase, sale, resale, barter, or other transfer for value, of a mount, trophy, or part of 31 a lawfully taken fish or game animal. 01  * Sec. 57. AS 16.05.935 is amended to read: 02 Sec. 16.05.935. Restrictions on cooperation with federal government. (a) 03 In recognition of the fact that the state has not assented to federal control of fish and 04 wildlife [GAME] in Glacier Bay National Park and Preserve or the navigable waters 05 within or adjoining the park and preserve, that the power to control the management of 06 fish and wildlife [GAME] within the boundaries of the state is an incident of state 07 sovereignty, and that the federal government cannot commandeer the lawmaking 08 processes of the states to compel the state to enact and enforce a federal regulatory 09 program, an agency, employee, or agent of the state may not expend funds to adopt or 10 enforce the implementation of the federal regulatory program or a part of the program 11 for control of fish and wildlife [GAME] in the park and preserve or the navigable 12 waters within or adjoining the park and preserve that is in conflict with a state statute 13 or regulation regarding management of fish or wildlife [GAME] within the park or 14 preserve. This subsection does not prohibit an agency, employee, or agent of the state 15 from 16 (1) taking action necessary to protect life or property; 17 (2) commenting on proposed federal statutes or regulations; 18 (3) collecting data relating to claims of economic harm arising from 19 the closure of the park and preserve to commercial fishing; or 20 (4) participating in or cooperating with a federal program established 21 under 16 U.S.C. 703 - 712 (Migratory Bird Treaty Act); 16 U.S.C. 773 - 773k 22 (Northern Pacific Halibut Act of 1982); 16 U.S.C. 1361 - 1421h (Marine Mammal 23 Protection Act); 16 U.S.C. 1531 - 1544 (Endangered Species Act); 16 U.S.C. 1801 - 24 1883 (Magnuson-Stevens Fishery Conservation and Management Act); 16 U.S.C. 25 3631 - 3644 (Pacific Salmon Treaty Act of 1985). 26 (b) Nothing in this title authorizes the department or a board to enter into an 27 agreement with a department or agency of the federal government that cedes state 28 authority for the management of fish or wildlife [GAME] in the state to the federal 29 government. In this subsection, "management" means the regulation of the method, 30 manner, means, time, or place of taking of fish or wildlife [GAME] or the regulation 31 of the amount of fish or wildlife [GAME] that may be taken. 01  * Sec. 58. AS 16.05.940(12) is amended to read: 02 (12) "fish" means any species of aquatic finfish, invertebrate, or 03 amphibian, in any stage of its life cycle, found in or introduced into the state, for  04 which the Board of Fisheries has adopted regulations authorizing consumptive  05 use or that the Board of Fisheries has authorized the department to manage;  06 "fish" [, AND] includes any part of such aquatic finfish, invertebrate, or amphibian; 07  * Sec. 59. AS 16.05.940(19) is amended to read: 08 (19) "game" means any species of bird, reptile, or [AND] mammal, 09 including a feral domestic animal, found or introduced in the state, except domestic 10 birds and mammals, for which the Board of Game has adopted regulations  11 authorizing consumptive use or that the Board of Game has authorized the  12 department to manage [; AND GAME MAY BE CLASSIFIED BY REGULATION 13 AS BIG GAME, SMALL GAME, FUR BEARERS OR OTHER CATEGORIES 14 CONSIDERED ESSENTIAL FOR CARRYING OUT THE INTENTION AND 15 PURPOSES OF AS 16.05 - AS 16.40]; 16  * Sec. 60. AS 16.05.940(34) is amended to read: 17 (34) "take" means taking, pursuing, hunting, fishing, trapping, or in 18 any manner disturbing, capturing, or killing or attempting to take, pursue, hunt, fish, 19 trap, or in any manner capture or kill fish or wildlife [GAME]; 20  * Sec. 61. AS 16.05.940(35) is amended to read: 21 (35) "taxidermy" means tanning, mounting, processing, or other 22 treatment or preparation of fish or wildlife [GAME], or any part of fish or wildlife 23 [GAME], as a trophy, for monetary gain, including the receiving of the fish or wildlife 24 [GAME] or parts of fish or wildlife [GAME] for such purposes; 25  * Sec. 62. AS 16.05.940 is amended by adding new paragraphs to read: 26 (38) "non-game" means any species of bird, reptile, or mammal that 27 the Board of Game has authorized the department to manage but for which the Board 28 of Game has not adopted regulations authorizing consumptive use; 29 (39) "wildlife" means game, non-game, and any other species of bird, 30 reptile, or mammal, including a feral domestic animal, found or introduced in the state, 31 except domestic birds and mammals. 01  * Sec. 63. AS 16.20.180 is amended to read: 02 Sec. 16.20.180. Declaration of purpose. The legislature recognizes that, due 03 to growth and development, certain species or subspecies of fish and wildlife are now 04 and may in the future be in danger of [THREATENED WITH] extinction. The 05 purpose of AS 16.20.180 - 16.20.210 is to establish a program for their continued 06 conservation, protection, restoration, and propagation. 07  * Sec. 64. AS 16.20.185 is amended to read: 08 Sec. 16.20.185. Protection of habitat. On land under their respective 09 jurisdictions, the commissioner of fish and game and the commissioner of natural 10 resources shall take measures to preserve the natural habitat of species or subspecies 11 of fish and wildlife that are recognized as in danger of [THREATENED WITH] 12 extinction. 13  * Sec. 65. AS 16.20.190 is amended to read: 14 Sec. 16.20.190. Determining endangered species. (a) A species or 15 subspecies of fish or wildlife is considered endangered when the Board of Fisheries  16 or the Board of Game, as appropriate, [COMMISSIONER OF FISH AND GAME] 17 determines that its numbers have decreased to such an extent as to indicate that the  18 species or subspecies is in danger of extinction [ITS CONTINUED EXISTENCE IS 19 THREATENED]. In making this determination the board [COMMISSIONER OF 20 FISH AND GAME] shall consider 21 (1) the destruction, drastic modification, or severe curtailment of its 22 habitat; 23 (2) its overutilization for commercial or sporting purposes; 24 (3) the effect on it of disease or predation; 25 (4) other natural or man-made factors affecting its continued existence. 26 (b) After making a determination under (a) of this section, the board 27 [COMMISSIONER OF FISH AND GAME] shall, in accordance with AS 44.62 28 (Administrative Procedure Act), publish a list of the species or subspecies of fish and 29 wildlife that are endangered. The board [COMMISSIONER] shall, at least once 30 every two years thereafter, conduct a thorough review of the list to determine what 31 changes have occurred concerning the species or subspecies listed. Consideration of 01 existing species or subspecies of fish and wildlife for listing under this section shall be 02 made on a continuing basis. The review of listed species or subspecies conducted 03 under this section shall be submitted in writing to the governor and the legislature and 04 shall be made available to the public. 05 (c) In making the determination and review under (a) and (b) of this section, 06 the board [COMMISSIONER OF FISH AND GAME] shall seek the advice and 07 recommendation of interested persons and organizations [, INCLUDING BUT NOT 08 LIMITED TO ORNITHOLOGISTS, ICHTHYOLOGISTS, ECOLOGISTS, AND 09 ZOOLOGISTS]. 10  * Sec. 66. AS 16.05.050(a)(1) is repealed. 11  * Sec. 67. AS 16.05.340(a)(21) is repealed. 12  * Sec. 68. Sections 1, 20 - 37, 39 - 46, 50, and 67 of this Act take effect January 1, 2006. 13  * Sec. 69. Except as provided in sec. 68 of this Act, this Act takes effect July 1, 2005.