00HOUSE BILL NO. 347                                                                                                    
01 "An Act relating to the disposition of surplus moose, caribou, deer, Dall sheep,                                        
02 elk, and musk oxen; and providing for an effective date."                                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 16.40.010 is amended to read:                                                                     
05  Sec. 16.40.010.  Disposition of surplus  game animals  [BUFFALO AND                                                  
06 MUSK OXEN].  Whenever [IT IS DETERMINED BY] the department  determines                                                
07 under (b) of this section  that a surplus exists in the herds of buffalo , moose, caribou,                            
08 deer, Dall sheep, elk,  and musk oxen under its control, the department  shall  [MAY],                               
09 under regulations adopted by  the department  [IT], grant the surplus or portions of  the                            
10 surplus  [IT] to persons, groups, associations, partnerships, or corporations for the                                  
11 purpose of raising and breeding the animals as domestic stock for commercial                                            
12 purposes, or for scientific and educational purposes.  A person, group, association,                                    
13 partnership, or corporation may receive animals only after proving to the satisfaction                                  
14 of the department                                                                                                       

01     (1)  intent to raise and breed the animals; and                                                                    
02     (2)  possession of facilities for maintaining the animals under positive                                           
03 control.                                                                                                                
04    * Sec. 2.  AS 16.40.010 is amended by adding new subsections to read:                                              
05  (b)  The department shall annually determine whether surplus animals exist in                                         
06 the herds of moose, caribou, deer, Dall sheep, elk, and musk oxen in the state.  A                                      
07 surplus exists in a herd if                                                                                             
08   (1)  female animals may be taken from the herd under nonsubsistence                                                  
09 hunting regulations; or                                                                                                 
10   (2)  animals may be removed from a herd without interfering with                                                     
11   (A)  the maintenance of the herd on a sustained-yield basis;                                                        
12   (B)  management goals set for the herd by the department or the                                                     
13 Board of Game; and                                                                                                      
14   (C)  other uses of the herd that are determined to be a higher                                                      
15 beneficial use of the herd by statute or by regulation adopted by the department                                        
16 or the Board of Game.                                                                                                   
17  (c)  Notwithstanding other provisions of this section, if an immature orphaned                                        
18 or abandoned moose, caribou, deer, Dall sheep, elk, or musk ox is not likely to survive                                 
19 in the wild, the department shall grant the animal to a person, group, association,                                     
20 partnership, or corporation eligible to receive animals under (a) of this section.                                      
21    * Sec. 3.  AS 16.40.020 is amended to read:                                                                        
22  Sec. 16.40.020.  Sale of meat.  The sale of buffalo , moose, caribou, deer, Dall                                   
23 sheep, elk,  or musk oxen meat resulting from the slaughter of animals obtained under                                  
24 AS 16.40.010, or their offspring ,  is authorized.                                                                    
25    * Sec. 4.  AS 16.40.050(c) is amended to read:                                                                     
26     (c)  Notwithstanding other provisions of law, a license or permit from the                                         
27 department, other than a game mammal farming license, is not required in order to                                       
28 import, export, or possess elk for the purpose of elk farming.   Except as provided                                    
29 under AS 16.40.010(c), a  [A] live elk may not be captured from the wild or released                                   
30 into the wild without an appropriate license or permit from the department.                                             
31    * Sec. 5.  This Act takes effect immediately under AS 01.10.070(c).