00 CS FOR HOUSE BILL NO. 256(RES) 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 AS 16.05.255(e) is repealed and reenacted to read: 12 (e) The Board of Game shall identify moose, caribou, and deer populations 13 that are important for providing for a high level of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 AS 16.05.255(f) is repealed and reenacted to read: 16 (f) The Board of Game shall adopt regulations to achieve the objectives 17 established under (e) of this section for human harvest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. However, nothing in (e) of this 24 section or this subsection requires the board to establish that human harvest is the only 25 beneficial use of moose, caribou, and deer populations or precludes the board from 26 establishing specific areas exclusively for other beneficial uses of moose, caribou, and 27 deer populations. 28 * Sec. 5. AS 16.05.255(j) is repealed and reenacted to read: 29 (j) In this section, 30 (1) "active management" includes predator control; 31 (2) "providing for a high level of human harvest" means allowing 01 allocation of a sufficient portion of the harvestable surplus of a game population to 02 achieve a high probability of success for human harvest of the game population based 03 on biological capabilities of the population and considering all hunter demand. 04  * Sec. 6. AS 16.05.340(a)(15) is amended to read: 05 (15) Nonresident big game tags 06 A nonresident may not take a big game animal without previously purchasing a 07 numbered, nontransferable, appropriate tag, issued under this paragraph. The tag must 08 be affixed to the animal immediately upon capture and must remain affixed until the 09 animal is prepared for storage, consumed, or exported. A tag issued but not used for an 10 animal may be used to satisfy the tagging requirement for an animal of any other 11 species for which the tag fee is of equal or less value. 12 (A) Bear, black, each ......................................................... 225 13 (B) Bear, brown or grizzly, each ....................................... 500 14 (C) Bison, each .................................................................. 450 15 (D) Caribou, each .............................................................. 325 16 (E) Deer, each .................................................................... 150 17 (F) Elk, each ...................................................................... 300 18 (G) Goat, each ................................................................... 300 19 (H) Moose, each ................................................................ 400 20 (I) Sheep, each ................................................................... 425 21 (J) Wolf, each ...................................................................... 30 22 A nonresident is not required to have a nonresident wolf tag to take a wolf in a 23 game management unit if the Board of Game has adopted a [AN INTENSIVE 24 MANAGEMENT] program under AS 16.05.255(f) [AS 16.05.255] for all or a 25 portion of the game management unit. 26 (K) Wolverine, each .......................................................... 175 27 (L) Musk oxen, each ....................................................... 1,100 28  * Sec. 7. AS 16.05.340(a)(21) is amended to read: 29 (21) Nonresident alien big game tags 30 (A) Bear, black, each ......................................................... 300 31 (B) Bear, brown or grizzly, each ....................................... 650 01 (C) Bison, each .................................................................. 650 02 (D) Caribou, each .............................................................. 425 03 (E) Deer, each .................................................................... 200 04 (F) Elk, each ...................................................................... 400 05 (G) Goat, each ................................................................... 400 06 (H) Moose, each ................................................................ 500 07 (I) Musk oxen, each ........................................................ 1,500 08 (J) Sheep, each ................................................................... 550 09 (K) Wolf, each ..................................................................... 50 10 A nonresident alien is not required to have a nonresident alien wolf tag to take 11 a wolf in a game management unit if the Board of Game has adopted a [AN 12 INTENSIVE MANAGEMENT] program under AS 16.05.255(f) 13 [AS 16.05.255] for all or a portion of the game management unit. 14 (L) Wolverine, each ........................................................... 250 15  * Sec. 8. AS 16.05.783(a) is amended to read: 16 (a) A person may not shoot or assist in shooting a free-ranging wolf or 17 wolverine, or brown bear the same day that the [A] person has been airborne. 18 However, the Board of Game may authorize a predator control program [AS PART 19 OF A GAME MANAGEMENT PLAN] that involves airborne or same day airborne 20 shooting of wolves, wolverines, or brown bears if the board determines that the  21 program would be conducive to achieving the objectives established for human  22 harvest or population size of a moose, caribou, or deer population identified  23 under AS 16.05.255(e) or would be conducive to the health of a predator  24 population, and if the program is limited to the area necessary for that purpose 25 [HAS DETERMINED BASED ON INFORMATION PROVIDED BY THE 26 DEPARTMENT 27 (1) IN REGARD TO AN IDENTIFIED BIG GAME PREY 28 POPULATION UNDER AS 16.05.255(g) THAT OBJECTIVES SET BY THE 29 BOARD FOR THE POPULATION HAVE NOT BEEN ACHIEVED AND THAT 30 PREDATION IS AN IMPORTANT CAUSE FOR THE FAILURE TO ACHIEVE 31 THE OBJECTIVES SET BY THE BOARD, AND THAT A REDUCTION OF 01 PREDATION CAN REASONABLY BE EXPECTED TO AID IN THE 02 ACHIEVEMENT OF THE OBJECTIVES; OR 03 (2) THAT A DISEASE OR PARASITE OF A PREDATOR 04 POPULATION 05 (A) IS THREATENING THE NORMAL BIOLOGICAL 06 CONDITION OF THE PREDATOR POPULATION; OR 07 (B) IF LEFT UNTREATED, WOULD SPREAD TO OTHER 08 POPULATIONS]. 09  * Sec. 9. AS 16.05.783(b) is amended to read: 10 (b) This section does not apply to 11 (1) a person who was airborne the same day if that person was airborne 12 only on a regularly scheduled commercial flight; or 13 (2) a person [AN EMPLOYEE OF THE DEPARTMENT] who [, AS 14 PART OF A GAME MANAGEMENT PROGRAM,] is authorized under powers  15 and duties in AS 16.05.050 to take wolves, wolverines, or brown bears [TO 16 SHOOT OR TO ASSIST IN SHOOTING WOLF, WOLVERINE, FOX, OR LYNX 17 ON THE SAME DAY THAT THE EMPLOYEE HAS BEEN AIRBORNE]. 18  * Sec. 10. AS 16.05.783(f) is amended by adding a new paragraph to read: 19 (3) "shooting" does not include the administration of tranquilizers or 20 other drugs intended to be nonlethal. 21  * Sec. 11. AS 16.05.255(g), 16.05.783(d), 16.05.783(e), and 16.05.783(f)(2) are repealed. 22 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION: REGULATIONS. The Board of Game may proceed to adopt 25 regulations necessary to implement the changes made by this Act. The regulations take effect 26 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 27 statutory changes. 28  * Sec. 13. Section 12 of this Act takes effect immediately under AS 01.10.070(c). 29  * Sec. 14. Except as provided in sec. 13 of this Act, this Act takes effect July 1, 2007.