HB 248: "An Act relating to predator control programs and hunting of predators."
00HOUSE BILL NO. 248 01 "An Act relating to predator control programs and hunting of predators." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 16.35 is amended by adding new sections to read: 04 Sec. 16.35.011. PREDATOR CONTROL PROGRAMS. (a) The Board of 05 Game may adopt by regulation a management plan authorizing the department to 06 conduct a predator control program in an area of the state, only after the department 07 (1) submits sufficient objective, scientific evidence that predators are 08 the primary long-term factor causing a wildlife emergency in an ungulate population 09 in the area; 10 (2) demonstrates that 11 (A) the ungulate population is threatened with elimination in the 12 area; or 13 (B) the ungulate population is at a population level that is 14 seriously depleted and that the area has been closed to taking of the ungulate
01 population for nonsubsistence uses for at least the two preceding years; 02 (3) demonstrates that the predator control program will not significantly 03 and adversely affect the genetic diversity of the predator populations that are subjected 04 to control; 05 (4) presents to the board a plan, satisfactory to the board, for a predator 06 control program and other management programs that are reasonably expected to 07 return, within five years, the ungulate population to a population level that the board 08 determines appropriate; and 09 (5) has obtained from the appropriate federal agencies, before 10 submitting the plan for a predator control program to the board, assurance that the 11 proposed plan is consistent with the federal laws and policies applicable to federal land 12 affected by the proposed predator control program. 13 (b) If the board has adopted regulations authorizing a predator control program 14 under (a) of this section, the ungulate populations, for whose benefit the program was 15 adopted, may not be taken for nonsubsistence uses until the board has repealed the 16 regulations. 17 (c) The board shall annually review and reauthorize a predator control program 18 implemented under a management plan adopted by the board under (a) of this section. 19 The board may not reauthorize the department to conduct the predator control program, 20 unless the department demonstrates at the conclusion of each year that the ungulate 21 population has experienced an increase in the size of the population and survival of 22 young that is consistent with the management plan. If the board does not reauthorize 23 the predator control program within one year after the effective date of the 24 management plan adopted under (a) of this section or after the effective date of the last 25 reauthorization of the program, the authority of the department to conduct the predator 26 control program is suspended until the board reauthorizes the program. If the board 27 does not reauthorize a predator control program within one year after the authority to 28 conduct the program is suspended, the board shall adopt a new management plan under 29 (a) of this section before authorizing a predator control program for the area. 30 (d) A predator control program authorized by the board may provide for the 31 taking of predators from aircraft, through the use or assistance of aircraft, or through
01 the use of radio transmitters attached to a predator. Only employees of the department, 02 who are authorized by the commissioner and under the direct supervision of a biologist 03 employed by the department, may engage in activities that are authorized by the board 04 under this subsection. 05 (e) In this section, "wildlife emergency" means a decline in the population of 06 a game species that has resulted in a population level in an area that is significantly 07 below the historic population levels of the game species and significantly below the 08 present carrying capacity of the area when the population of the game species is 09 viewed as part of a naturally balanced ecosystem containing a natural population of 10 predators. 11 Sec. 16.35.021. TAKING OF CERTAIN PREDATORS. (a) A person may 12 not intentionally or knowingly take a predator while the person is airborne. 13 (b) A person may not intentionally or knowingly use, or attempt to 14 intentionally or knowingly use, an aircraft to assist in the taking of a predator. In this 15 subsection, "assist" means locate, herd, drive, concentrate, or chase predators or 16 otherwise directly assist a person in taking a predator. 17 (c) Unless the predator is caught in a lawful trap or snare, a person may not 18 intentionally or knowingly take a predator within three hours after being airborne. 19 This subsection does not apply if the person while airborne was on a flight that 20 terminated at an airport. In this subsection, 21 (1) "airport" means a state, federally, municipally, or village maintained 22 airport; 23 (2) "flight" includes that period between, and including, the take off of 24 an aircraft and the subsequent landing of the aircraft. 25 (d) A person may not intentionally or knowingly use a radio transmitter 26 attached to a predator to aid the person or another person in the taking of the predator 27 or another predator. 28 (e) This section does not apply to 29 (1) the taking of a predator that 30 (A) is reasonably believed to be rabid; or 31 (B) has attacked a person or domestic animal;
01 (2) the taking of a predator by 02 (A) the use of drugs intended to tranquilize or immobilize a 03 predator for scientific or management research approved by the state or federal 04 government; 05 (B) a person authorized to engage in a predator control activity 06 under AS 16.35.011(d), but only to the extent that the person is authorized to 07 engage in the activity that is otherwise in violation of this section. 08 (f) In this section, "predator" means a wolf, wolverine, black bear, brown or 09 grizzly bear, lynx, fox, or coyote. 10 (g) A person who violates a provision of this section is guilty of a class A 11 misdemeanor.