HB 185: "An Act relating to taking of game on the same day airborne and to permits to take wolves."

00HOUSE BILL NO. 185 01 "An Act relating to taking of game on the same day airborne and to permits 02 to take wolves." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.783 is amended to read: 05  Sec. 16.05.783. Same day [PROHIBITION OF SAME-DAY] airborne 06 hunting. (a) A person may not shoot or assist in shooting a free-ranging wolf, 07 wolverine, fox, or lynx the same day that a person has been airborne. 08  (b) Notwithstanding (a) of this section [HOWEVER], the Board of Game 09 may adopt regulations to authorize a wolf control program involving the taking 10 [SHOOTING] of wolves from the air, on the same day a person was airborne, or 11 with the assistance of aircraft if 12  (1) the board finds that the use of aircraft to assist in taking wolves 13 is necessary to effectively and efficiently conduct an intensive management 14 program adopted under AS 16.05.255; [COMMISSIONER OF FISH AND GAME

01 MAKES WRITTEN FINDINGS BASED ON ADEQUATE DATA 02 DEMONSTRATING THAT A BIOLOGICAL EMERGENCY EXISTS AND THAT 03 THERE IS NO FEASIBLE SOLUTION OTHER THAN AIRBORNE CONTROL TO 04 ELIMINATE THE BIOLOGICAL EMERGENCY, AND] 05  (2) the wolf control program is conducted only by Department of Fish 06 and Game personnel; 07  (3) the wolf control program is limited to the specific geographical 08 area for which the intensive management program has been adopted; [WHERE 09 THE BIOLOGICAL EMERGENCY EXISTS,] and 10  (4) the wolf control program removes only the minimum number of 11 wolves necessary to achieve the goal of the intensive management program. 12  (c) [ELIMINATE THE BIOLOGICAL EMERGENCY. 13  (b)] This section does not apply to a person who 14  (1) was airborne the same day if that person was airborne only on a 15 regularly scheduled commercial flight; 16  (2) is an employee of the Department of Fish and Game and takes 17 a wolf in accordance with regulations adopted by the Board of Game 18 under (b) of this section; or 19  (3) takes a wolf in accordance with AS 16.35.210 and under the 20 authority of a permit issued under AS 16.35.210. 21  (d) [(c)] A person who violates this section is guilty of a misdemeanor [,] and 22 upon conviction is punishable by a fine of not more than $5,000 [,] or by 23 imprisonment for not more than one year, or by both. In addition, the court may order 24 the aircraft and equipment used in or in aid of a violation of this section to be forfeited 25 to the state. 26  (e) [(d)] In this section, 27  [(1)] "free-ranging" means that the animal is wild and not caught in a 28 trap or snare [; AND 29  (2) "BIOLOGICAL EMERGENCY" MEANS A CONDITION 30 WHERE A WOLF POPULATION IN A SPECIFIC GEOGRAPHIC AREA IS 31 CAUSING THE IRREVERSIBLE DECLINE OF A PREY POPULATION TO

01 THE POINT THAT THE PREY POPULATION MAY NOT LIKELY 02 RECOVER WITHOUT IMPLEMENTING WOLF CONTROL]. 03 * Sec. 2. AS 16.35 is amended by adding a new section to read: 04  Sec. 16.35.210. Hunting of wolves on same day airborne. The department 05 shall issue permits to resident sport hunters authorizing the hunters to take wolves in 06 a geographic area for which the Board of Game has adopted an intensive management 07 plan under AS 16.05.255. A person who holds a permit under this section may take 08 a wolf (1) on the same day the person was airborne upon landing in an aircraft after 09 the forward motion of the aircraft has ceased and the engine of the aircraft has come 10 to a complete stop and (2) in accordance with other applicable law. This section does 11 not authorize a person to take a wolf from the air.