HB 364: "An Act relating to intensive management of big game prey populations; relating to same-day airborne hunting; and providing for an effective date."
00 HOUSE BILL NO. 364 01 "An Act relating to intensive management of big game prey populations; relating to 02 same-day airborne hunting; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.050(b) is amended to read: 05 (b) The commissioner shall annually submit a report to the 06 (1) Board of Game regarding the department's implementation during 07 the preceding three years of intensive management programs that have been 08 established by the board under AS 16.05.784 [AS 16.05.255] for identified big game 09 prey populations; 10 (2) legislature regarding the Board of Game's allocation of big game 11 hunting opportunities in the preceding calendar year; the commissioner shall file the 12 report with the senate secretary and the chief clerk of the house of representatives on 13 or before February 1 and notify the legislature that the report is available; the report 14 must include
01 (A) a summary description of the big game hunting 02 opportunities provided to residents and nonresidents; 03 (B) a detailed description of how big game hunting 04 opportunities for each big game species were allocated 05 (i) to residents, guided nonresidents, nonprofit 06 organizations for auction under AS 16.05.343(a) and (c), and, if 07 applicable, nonguided nonresidents; 08 (ii) by hunt type; 09 (iii) within each game management unit; and 10 (C) other information and data relevant to allocation of big 11 game hunting opportunities in the state by the Board of Game. 12 * Sec. 2. AS 16.05.130(g) is amended to read: 13 (g) Money accruing to the state from the intensive management surcharge 14 imposed under AS 16.05.340(k) shall be deposited in a separate account known as the 15 sustainable wildlife account in the fish and game fund. Money in the sustainable 16 wildlife account shall be allocated to intensive management programs intended to 17 sustain and enhance big game prey populations under AS 16.05.784 18 [AS 16.05.255(e)]. 19 * Sec. 3. AS 16.05.255(e) is amended to read: 20 (e) The Board of Game may [SHALL] adopt regulations to provide for 21 intensive management programs under AS 16.05.784 to restore the abundance or 22 productivity of identified big game prey populations as necessary to achieve human 23 consumptive use goals of the board [IN AN AREA WHERE THE BOARD HAS 24 DETERMINED THAT 25 (1) CONSUMPTIVE USE OF THE BIG GAME PREY 26 POPULATION IS A PREFERRED USE; 27 (2) DEPLETION OF THE BIG GAME PREY POPULATION OR 28 REDUCTION OF THE PRODUCTIVITY OF THE BIG GAME PREY 29 POPULATION HAS OCCURRED AND MAY RESULT IN A SIGNIFICANT 30 REDUCTION IN THE ALLOWABLE HUMAN HARVEST OF THE 31 POPULATION; AND
01 (3) ENHANCEMENT OF ABUNDANCE OR PRODUCTIVITY OF 02 THE BIG GAME PREY POPULATION IS FEASIBLY ACHIEVABLE UTILIZING 03 RECOGNIZED AND PRUDENT ACTIVE MANAGEMENT TECHNIQUES]. 04 * Sec. 4. AS 16.05.270 is amended to read: 05 Sec. 16.05.270. Delegation of authority to commissioner. For the purpose of 06 administering AS 16.05.251, [AND] 16.05.255, and 16.05.784, each board may 07 delegate authority to the commissioner to act in its behalf. If there is a conflict 08 between the board and the commissioner on proposed regulations, public hearings 09 shall be held concerning the issues in question. If, after the public hearings, the board 10 and the commissioner continue to disagree, the issue shall be certified in writing by 11 the board and the commissioner to the governor who shall make a decision. The 12 decision of the governor is final. 13 * Sec. 5. AS 16.05.340(a)(15) is amended to read: 14 (15) Nonresident big game tags 15 A nonresident may not take a big game animal without previously purchasing a 16 numbered, nontransferable, appropriate tag, issued under this paragraph. The tag must 17 be affixed to the animal before leaving the kill site and must remain affixed until the 18 animal is prepared for storage, consumed, or exported. A tag issued but not used for an 19 animal may be used to satisfy the tagging requirement for an animal of any other 20 species for which the tag fee is of equal or less value. 21 (A) Bear, black, each ..................... 450 22 (B) Bear, brown or grizzly, each ............ 1,000 23 (C) Bison, each ......................... 900 24 (D) Caribou, each ....................... 650 25 (E) Deer, each .......................... 300 26 (F) Elk, each ........................... 600 27 (G) Goat, each ......................... 600 28 (H) Moose, each ........................ 800 29 (I) Sheep, each ......................... 850 30 (J) Wolf, each 60 A nonresident is not required to have a 31 nonresident wolf tag to take a wolf in a game management unit if the Board of
01 Game has adopted an intensive management program under AS 16.05.784 02 [AS 16.05.255(e)] for all or a portion of the game management unit. 03 (K) Wolverine, each ...................... 350 04 (L) Musk oxen, each ................... 2,200 05 * Sec. 6. AS 16.05.340(a)(21) is amended to read: 06 (21) Nonresident alien big game tags 07 (A) Bear, black, each ..................... 600 08 (B) Bear, brown or grizzly, each ............ 1,300 09 (C) Bison, each ....................... 1,300 10 (D) Caribou, each ....................... 850 11 (E) Deer, each .......................... 400 12 (F) Elk, each ........................... 800 13 (G) Goat, each ......................... 800 14 (H) Moose, each ...................... 1,000 15 (I) Musk oxen, each .................... 3,000 16 (J) Sheep, each ....................... 1,100 17 (K) Wolf, each 100 A nonresident alien is not required to have 18 a nonresident alien wolf tag to take a wolf in a game management unit if the 19 Board of Game has adopted an intensive management program under 20 AS 16.05.784 [AS 16.05.255(e)] for all or a portion of the game management 21 unit. 22 (L) Wolverine, each ...................... 500 23 * Sec. 7. AS 16.05.340(k) is amended to read: 24 (k) In addition to the fees for a hunting license set out in (a) and (d) of this 25 section, each person who purchases a hunting license shall pay an intensive 26 management surcharge as set out in this subsection for the purpose of providing 27 funding for the intensive management of the state's game populations under 28 AS 16.05.784 [AS 16.05.255(e)]. A person who is eligible for a $5 resident hunting, 29 trapping, and sport fishing license under (a)(6) of this section or a free license under 30 AS 16.05.341 is exempt from payment of the surcharge imposed under this subsection. 31 The amount of the surcharge attached to each hunting license must be clearly
01 disclosed on the license. Except as otherwise provided by this subsection, the intensive 02 management surcharge for each 03 (1) resident hunting license available under this section is $10; and 04 (2) nonresident hunting license available under this section is $30. 05 * Sec. 8. AS 16.05.783(a) is amended to read: 06 (a) A person may not shoot or assist in shooting a free-ranging wolf, bear, or 07 wolverine the same day that a person has been airborne. However, the Board of Game 08 may authorize a predator control program as part of a game management plan that 09 involves airborne or same day airborne shooting if the board has determined, based on 10 information provided by the department under AS 16.05.784(f), 11 (1) in regard to an identified big game prey population under 12 AS 16.05.784, [AS 16.05.255(g)] that objectives set by the board for the population 13 have not been achieved and that predation is an important cause for the failure to 14 achieve the objectives set by the board, and that a temporary reduction of predation 15 can clearly and convincingly [REASONABLY] be expected to aid in the 16 achievement of the objectives; or 17 (2) that a disease or parasite of a predator population 18 (A) is threatening the normal biological condition of the 19 predator population; or 20 (B) if left untreated, would spread to other populations. 21 * Sec. 9. AS 16.05.783(b) is amended to read: 22 (b) This section does not apply to 23 (1) a person who was airborne the same day if that person was airborne 24 only on a regularly scheduled commercial flight; or 25 (2) an employee of the department who, as part of a game management 26 program under AS 16.05.784, is authorized to shoot or to assist in shooting wolf, 27 bear, wolverine, fox, or lynx on the same day that the employee has been airborne. 28 * Sec. 10. AS 16.05.783(d) is amended to read: 29 (d) When the Board of Game authorizes a predator control program under 30 AS 16.05.784 that includes airborne or same day airborne shooting, the board shall 31 have the prerogative to establish predator reduction objectives and limits, methods and
01 means to be employed, who is authorized to participate in the program, and the 02 conditions for participation of individuals in the program. 03 * Sec. 11. AS 16.05 is amended by adding a new section to read: 04 Sec. 16.05.784. Intensive management of big game prey populations. (a) 05 Subject to (f) of this section, the Board of Game may adopt an intensive management 06 program for a designated geographic area where the board has determined that 07 (1) consumptive use of a big game prey population is a preferred use; 08 (2) a depletion of the big game prey population or reduction of the 09 productivity of the big game prey population has occurred and may result in a 10 significant reduction in the allowable human harvest of the population; and 11 (3) long-term enhancement of abundance or productivity of the big 12 game prey population is feasibly achievable using recognized and prudent active 13 management techniques. 14 (b) To aid the Board of Game in determining whether long-term enhancement 15 of abundance or productivity of a big game prey population is feasibly achievable in a 16 designated area using recognized and prudent active management techniques, the 17 department shall make comprehensive scientific findings as to the likely merits and 18 effectiveness of the proposed techniques and as to the long-term effects on the broader 19 ecosystem. The findings must address predator and big game prey animal interactions 20 and effects on predator and prey animal populations from factors relating to the 21 animals' habitat and environment. If the department finds, based on scientific 22 evidence, that long-term enhancement of abundance or productivity of a big game 23 prey population is feasibly achievable using the proposed techniques, the department 24 (1) shall provide the findings to at least one independent party for peer 25 review under (c) of this section; 26 (2) may not provide its findings to the board without including at least 27 one independent party's written report prepared under (e) of this section. 28 (c) The department shall contract with at least one independent party qualified 29 under (d) of this section to conduct a peer review of the department's findings under 30 (b) of this section, the data on which the findings are based, and other related 31 materials. An independent party with whom the department contracts for peer review
01 under this section is responsible for the scientific integrity of the independent party's 02 peer review process. 03 (d) To qualify as an independent party under (c) of this section, the 04 independent party 05 (1) must meet the following qualifications: 06 (A) be significantly involved with researching and 07 understanding predator, prey, and habitat interactions and the role of 08 consumptive harvest in management of wildlife; 09 (B) have the technical expertise required to review and analyze 10 findings, data, and other relevant material prepared by the department; 11 (C) be independent of the department and not involved in the 12 production of the findings or data under peer review; and 13 (2) may not be involved in advocacy relating to big game hunting, 14 wildlife, or related matters. 15 (e) An independent party conducting a peer review of the department's 16 findings under (c) of this section shall, within a time frame and budget agreed upon by 17 the independent party and the department, provide the department with a written report 18 prepared under the party's peer review process that contains a scientific evaluation of 19 the department's findings under (b) of this section and the independent party's 20 conclusions as to whether the long-term enhancement of abundance or productivity of 21 a big game prey population is feasibly achievable under this section. The department 22 may accept the independent party's report, in whole or in part, and may revise the 23 department's own findings accordingly. 24 (f) The department shall provide the board a written report containing the 25 department's determination whether long-term enhancement of abundance or 26 productivity of a big game prey population is feasibly achievable in a designated area 27 using the proposed techniques. The report must include any written reports prepared 28 by independent parties under (e) of this section, the department's consideration of the 29 conclusions of any independent party reports, any data that the department determines 30 support different conclusions than those in a report of an independent party, the 31 department's findings, and data produced under (b) of this section, and other materials
01 the department determines are relevant to the board's determination whether to adopt 02 an intensive management program under (a) of this section. The Board of Game may 03 not adopt an intensive management program under (a) of this section until the board 04 has received the report required by this subsection. 05 (g) If, after receiving the report required under (f) of this section, the Board of 06 Game determines that long-term enhancement of abundance or productivity of an 07 identified big game prey population is feasibly achievable in a geographic area under 08 this section, the board shall 09 (1) establish sustainable population and harvest goals and seasons for 10 intensive management of the identified big game prey populations to achieve a high 11 level of human harvest; 12 (2) limit geographic application of the program to an area that is not 13 greater than necessary to accomplish program objectives; 14 (3) require the reauthorization or termination of an intensive 15 management program after the program has been in effect for a period of three years. 16 (h) The Board of Game may not significantly reduce the taking of an 17 identified big game prey population in an area by adopting regulations relating to 18 restrictions on harvest or access to the population, or to management of the population 19 by customary adjustments in seasons, bag limits, open and closed areas, methods and 20 means, or other customary means authorized under AS 16.05.255(a), unless the board 21 has adopted regulations, or has scheduled for adoption at the next regularly scheduled 22 meeting of the board regulations, that provide for intensive management to increase 23 the take of the big game prey population for human harvest consistent with (a) of this 24 section. This subsection does not apply if the board 25 (1) determines that intensive management would be 26 (A) ineffective based on scientific information; 27 (B) inappropriate because of land ownership patterns; or 28 (C) against the best interest of subsistence uses; or 29 (2) declares that a biological emergency exists and takes immediate 30 action to protect or maintain the big game prey population in conjunction with the 31 scheduling for adoption of those regulations that are necessary to implement (a) of this
01 section. 02 (i) In this section, 03 (1) "harvestable surplus" means the number of animals that are 04 estimated to equal the number of offspring born in a game population during a year, 05 less the number of animals required for recruitment for population maintenance and 06 long-term enhancement, when necessary, and the number of animals in the population 07 that die from all causes, other than predation or human harvest, during that year; 08 (2) "high level of human harvest" has the meaning given in 09 AS 16.05.255(l); 10 (3) "identified big game prey population" has the meaning given in 11 AS 16.05.255(l); 12 (4) "intensive management" has the meaning given in AS 16.05.255(l). 13 * Sec. 12. AS 16.05.255(f), 16.05.255(g), and 16.05.255(l)(1) are repealed. 14 * Sec. 13. This Act takes effect July 1, 2026.