HCS CSSB 46(RES): "An Act relating to moose farming and relating to game farming; and providing for an effective date."
00HOUSE CS FOR CS FOR SENATE BILL NO. 46(RES) 01 "An Act relating to moose farming and relating to game farming; and providing 02 for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 03.05.010(a) is amended to read: 05 (a) The commissioner of natural resources shall 06 (1) direct, administer, and supervise promotional and experimental 07 work, extension services, and agricultural projects for the purpose of promoting and 08 developing the agricultural industry within the state including such fields as 09 horticulture, dairying, cattle raising, fur farming, game farming, grain production, 10 vegetable production, and development of other agricultural products; 11 (2) procure and preserve all information pertaining to the development 12 of the agricultural industry and disseminate that information to the public; 13 (3) assist prospective settlers and others desiring to engage in the 14 agricultural industry in the state with information concerning areas suitable for
01 agriculture and other activities and programs essential to the development of the 02 agricultural industry in the state; 03 (4) review the marketing, financing, and development of agricultural 04 products inside the state including transportation, with special emphasis upon local 05 production, and negotiate for the marketing of agricultural products of the state with 06 federal and state agencies operating in the state; 07 (5) regulate and control the entry into the state and the transportation, 08 sale, or use inside the state of plants, seeds, vegetables, shell eggs, fruits and berries, 09 nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and 10 agricultural chemicals in order to prevent the spread of pests, diseases, or toxic 11 substances injurious to the public interest, and to protect the agricultural industry 12 against fraud, deception, and misrepresentation; in this connection the commissioner 13 may require registration, inspection, and testing, and establish procedures and fees; and 14 (6) in consultation with the commissioner of fish and game, regulate 15 the farming of game farm animals [ELK IN A MANNER SIMILAR TO THE 16 MANNER IN WHICH THE COMMISSIONER REGULATES DOMESTIC 17 ANIMALS AND LIVESTOCK, TO THE EXTENT THAT IS APPROPRIATE]. 18 * Sec. 2. AS 03.05.011(b) is amended to read: 19 (b) The commissioner of environmental conservation, in consultation with the 20 commissioner of fish and game, shall regulate the farming of game farm animals 21 [ELK IN A MANNER SIMILAR TO THE MANNER IN WHICH THE 22 COMMISSIONER REGULATES DOMESTIC ANIMALS AND LIVESTOCK, TO 23 THE EXTENT THAT IS APPROPRIATE]. 24 * Sec. 3. AS 03.05 is amended by adding a new section to read: 25 Sec. 03.05.075. GAME FARMING. (a) A person may not engage in game 26 farming or possess game farm animals without having first obtained an annual game 27 farming license for that species from the commissioner of natural resources. The 28 commissioner shall issue a game farming license, that indicates the species of game 29 farm animal or animals for which the license is issued, to a person who intends to 30 engage in game farming of the game farm animal or animals, and possesses facilities 31 that the commissioner determines are sufficient to maintain the game farm animals
01 under positive control and to prevent injury to game farm animals and their handlers. 02 The annual game farming license fee is $125. 03 (b) A person who holds a game farming license under this section, shall 04 (1) permanently mark each game farm animal; newborn animals must 05 be marked within six months of birth, at time of weaning, at time of sale, or at the 06 time of transfer, whichever is earlier; 07 (2) register the game farm animals, however acquired, and the progeny 08 of those animals with the commissioner within 30 days after the animals are acquired; 09 newborn animals must be registered as soon as practical but not later than 30 days 10 after marking; 11 (3) construct and maintain a fence that is adequate to prevent the 12 escape of the game farm animals and to exclude wild game; 13 (4) notify the commissioner within 30 days of the birth, sale, slaughter, 14 or death of one or more of the animals or their progeny; 15 (5) notify the commissioner of fish and game within 24 hours after 16 (A) a game farm animal escapes; the person shall submit a plan 17 to the commissioner of fish and game for the recapture of the animal; the 18 commissioner of fish and game may coordinate and assist in the recapture of 19 the animal; or 20 (B) wild big game enters a facility where game farm animals 21 are present. 22 (c) The slaughter of game farm animals and the sale of meat resulting from 23 the slaughter of game farm animals are subject to this title, regulations adopted under 24 this title, and other applicable law. 25 (d) The commissioner of natural resources or the commissioner of 26 environmental conservation may require a person who holds a game farming license 27 under this section to provide at the person's cost for a complete necropsy by a 28 veterinarian approved by the commissioner of environmental conservation to determine 29 the cause of death of a game farm animal if the cause of death is not apparent. 30 (e) The commissioner may exempt, by regulation, the game farming of free-ranging reindeer under a state or 31 federal grazing lease from provisions of this section,
01 including provisions relating to facilities to maintain game farm animals under positive 02 control. The commissioner may not exempt a person from the requirement to obtain 03 a game farming license. 04 (f) The commissioner shall adopt regulations as necessary to implement this 05 section and AS 03.05.010(a)(6). 06 (g) In this section, unless the context otherwise requires, "commissioner" 07 means the commissioner of natural resources. 08 * Sec. 4. AS 03.05.100 is amended by adding new paragraphs to read: 09 (4) "game farm animal" means lawfully owned bison, elk, reindeer, and 10 musk oxen or other lawfully owned mammal species or subspecies designated by the 11 commissioner of natural resources, with the concurrence of the commissioner of fish 12 and game; in this paragraph, "elk" means an animal of a subspecies of Cervus elaphus 13 indigenous to North America; 14 (5) "game farming" means an agricultural enterprise engaged in raising 15 and breeding game farm animals as domestic livestock for commercial purposes; 16 (6) "lawfully owned" means ownership was obtained without violating 17 a state or federal law or regulation, or a condition of a license or permit issued with 18 respect to the acquisition of a game farm animal. 19 * Sec. 5. AS 03.25.010 is amended to read: 20 Sec. 03.25.010. COMMISSIONER AUTHORIZED TO EMPLOY 21 VETERINARIANS. The commissioner may either independently or in cooperation 22 with the United States Department of the Interior or a college or a university or like 23 institution employ veterinarians for periods found to be to the best advantage for the 24 purpose of aid and service to the fur raising industry and game farming industry, and 25 for the purpose of aid and service to those engaged in raising livestock and other 26 domestic animals. 27 * Sec. 6. AS 03.25.020 is amended to read: 28 Sec. 03.25.020. DUTIES OF VETERINARIANS. Veterinarians shall 29 (1) visit the fur farms and game farms of the state, study problems 30 incidental to raising fur bearing animals and game farm animals, and advise those 31 engaged in the industry in matters pertaining to the breeding and care of fur bearing
01 animals and game farm animals and the prevention and cure of diseases of fur 02 bearing animals and game farm animals; 03 (2) prepare, publish, and distribute such data as the veterinarian, with 04 the advice and consent of the commissioner, considers useful to those engaged in the 05 industry; 06 (3) make reports to the commissioner when required by the 07 commissioner for transmittal to the state legislature; 08 (4) initiate and carry on experiments, on or in connection with a fur 09 farm or game farm, with relation to the care and feeding of fur bearing animals or 10 game farm animals, the improvements of the breed, or the cure or prevention of any 11 disease to which they may be subject or the extermination of the parasites by which 12 they may be attacked, and in this connection employ and pay for the necessary 13 assistance and rent and use of necessary facilities; 14 (5) perform other duties as may be prescribed by the commissioner as 15 are not inconsistent with the duties specifically imposed by this chapter; 16 (6) study problems incidental to the raising of livestock, [AND] other 17 domestic animals, and game farm animals, and advise those engaged therein upon 18 matters pertaining to the breeding, care, and the prevention and cure of diseases of 19 livestock, [AND] other domestic animals, and game farm animals. 20 * Sec. 7. AS 03.25.250 is amended to read: 21 Sec. 03.25.250. DEFINITIONS [DEFINITION]. In this chapter, 22 (1) "commissioner" means the commissioner of environmental 23 conservation; 24 (2) "game farm animal" has the meaning given in AS 03.05.100; 25 (3) "game farming" has the meaning given in AS 03.05.100. 26 * Sec. 8. AS 03.35.070(1) is amended to read: 27 (1) "domestic animal" includes goats, sheep, cattle, horses, [AND] 28 swine, and animals subject to a game farming license under AS 03.05.075; 29 * Sec. 9. AS 03.40.010 is amended to read: 30 Sec. 03.40.010. BRANDS AND MARKS. Any person owning cattle, game 31 farm animals [REINDEER, BISON, MUSKOX], sheep, horses, mules, or asses [,]
01 may adopt a brand or mark. After recording the brand or mark as provided in 02 AS 03.40.030, the person has the exclusive right to its use. 03 * Sec. 10. AS 03.40.050 is amended to read: 04 Sec. 03.40.050. USE WITHOUT CERTIFICATE PROHIBITED. A person 05 may not brand any horse, cattle, game farm animal [REINDEER, BISON, 06 MUSKOX], mule, or ass, unless the person using the brand holds a written certificate 07 of acceptance from the commissioner. 08 * Sec. 11. AS 03.40.270 is amended to read: 09 Sec. 03.40.270. DEFINITIONS. In [AS USED IN] this chapter, [A] 10 (1) "brand" means an identification mark burned into the hide of a live 11 animal; 12 (2) "game farm animal" has the meaning given in AS 03.05.100. 13 * Sec. 12. AS 16.05.330(a) is amended to read: 14 (a) Except as otherwise permitted in this chapter, without having the 15 appropriate license or tag in actual possession a person may not engage in 16 (1) sport fishing, including the taking of razor clams; 17 (2) hunting, trapping, or fur dealing; 18 (3) the farming of fish, fur animals, or game reptiles; or 19 (4) taxidermy. 20 * Sec. 13. AS 16.05.340(a)(18)(A) is amended to read: 21 (A) Game [MAMMAL OR GAME] reptile farming biennial 22 license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250 23 * Sec. 14. AS 16.05.940(10) is amended to read: 24 (10) "domestic mammals" include game farm animals, as defined in 25 AS 03.05.100 [MUSK OXEN, BISON, ELK, AND REINDEER, IF THEY ARE 26 LAWFULLY OWNED]; 27 * Sec. 15. AS 16.40.010 is amended to read: 28 Sec. 16.40.010. DISPOSITION OF SURPLUS GAME ANIMALS [BUFFALO 29 AND MUSK OXEN]. Whenever it is determined by the department that a surplus of 30 bison, caribou, elk, moose, or musk oxen exists [IN THE HERDS OF BUFFALO 31 AND MUSK OXEN UNDER ITS CONTROL], the department may, under regulations
01 adopted by it, authorize a person to take [GRANT] the surplus or portions of the 02 surplus [IT TO PERSONS, GROUPS, ASSOCIATIONS, PARTNERSHIPS, OR 03 CORPORATIONS] for the purpose of raising and breeding the animals as domestic 04 stock for commercial purposes, for experimental animal husbandry purposes, or for 05 scientific and educational purposes. A person [, GROUP, ASSOCIATION, 06 PARTNERSHIP, OR CORPORATION] may receive animals for 07 (1) commercial purposes only after 08 (A) obtaining an appropriate game farming license under 09 AS 03.05.075; and 10 (B) paying a reasonable fee that covers the costs to the 11 department of supervising and assisting with the taking and transfer of the 12 animals; 13 (2) experimental animal husbandry purposes only after obtaining 14 a permit issued by the commissioner in consultation with the commissioner of 15 natural resources and the commissioner of environmental conservation; or 16 (3) scientific and educational purposes only after obtaining the 17 appropriate permit issued under AS 16.05 [PROVING TO THE SATISFACTION 18 OF THE DEPARTMENT 19 (1) INTENT TO RAISE AND BREED THE ANIMALS; AND 20 (2) POSSESSION OF FACILITIES FOR MAINTAINING THE 21 ANIMALS UNDER POSITIVE CONTROL]. 22 * Sec. 16. AS 16.40.010 is amended by adding new subsections to read: 23 (b) After a person acquires an animal under this section for commercial 24 purposes, a license or permit from the department is not required in order to possess 25 the animal. The importation, exportation, possession, and utilization of game farm 26 animals, as defined under AS 03.05.100, are subject to the provisions of AS 03 and 27 regulations adopted under AS 03. A license or permit from the department is not 28 required in order to import, export, or possess a game farm animal for commercial 29 purposes under a game farming license. 30 (c) A person may receive a permit to possess animals for experimental animal 31 husbandry purposes if the person proves to the satisfaction of the department that the
01 person intends to raise and breed the animals and possesses facilities for maintaining 02 the animals under positive control. Animals received under an experimental animal 03 husbandry permit remain property of the state while in possession of the permit holder 04 and may not be sold or otherwise transferred out of the possession of the permit 05 holder. Subject to regulations adopted by the department, a permit holder may 06 slaughter animals possessed under the permit and may sell milk, antlers, horns, fur, and 07 other products from live animals. The department may summarily revoke a permit 08 issued under this subsection and take possession of animals held under the permit if 09 the permit holder fails to comply with the terms of the permit or a statute or regulation 10 governing the possession of the animals. 11 (d) A person who holds an experimental animal husbandry permit, has 12 possessed animals under the permit for at least five years, and intends to raise the 13 animals for commercial purposes may request title to the animals in the person's 14 possession. The department shall grant title to the animals if the person has 15 (1) obtained a game farming license under AS 03.05.075; 16 (2) demonstrated the ability to properly care for and maintain the 17 animals in the person's possession; and 18 (3) complied with the terms of the experimental animal husbandry 19 permit and with statutes and regulations governing the possession of animals for 20 experimental animal husbandry purposes. 21 (e) The department shall dispose of nonfatally injured, or live abandoned or 22 orphaned calves of, bison, caribou, elk, moose, or musk oxen that cannot be returned 23 to the wild to a person who holds an appropriate game farming license under 24 AS 03.05.075 or a permit for experimental animal husbandry purposes or for scientific 25 or educational purposes. 26 (f) A live bison, caribou, elk, moose, or musk oxen may not be captured from 27 the wild or released into the wild without a permit from the department. 28 * Sec. 17. AS 16.40 is amended by adding a new section to article 1 to read: 29 Sec. 16.40.060. IMPORTATION PROHIBITED. Moose and caribou may not 30 be imported into the state for commercial or animal husbandry purposes. 31 * Sec. 18. AS 16.40.020 and 16.40.050 are repealed.
01 * Sec. 19. This Act takes effect immediately under AS 01.10.070(c).