5 AAC 92.062 - Priority for subsistence hunting; Tier II permits
(a) If the board
has eliminated nonsubsistence uses of a game population, and the board finds
that it must further restrict the taking of game to assure that the game
population is maintained and managed on a sustained yield basis, or to assure
the continuation of subsistence uses of the game population, Tier II
subsistence hunting permits will be allocated as described in (b) of this
section, based on the following criteria:
(1)
the customary and direct dependence on the game population by the subsistence
user for human consumption as a mainstay of livelihood; and
(2) repealed 6/7/95;
(3) the ability of the subsistence user to
obtain food if subsistence use is restricted or eliminated.
(b)5 AAC
92.070 sets out the point system for ranking Tier II
subsistence hunting permit applicants, which is based on the criteria set out
in (a)(1) - (a)(3) of this section. A Tier II subsistence hunting permit will
be issued to the highest ranking applicant or applicants, and then to the
next-lower-ranking applicant or applicants, until the number of permits
authorized by the department for a hunt has been issued. If one or more permits
remain to be issued, but the number of equally ranking applicants exceeds the
number of permits, permittees will be selected by a random drawing from among
those applicants.
(c) An applicant
for a Tier II subsistence hunting permit must be a resident at least 10 years
old. If the board considers it necessary or advisable, the board may limit the
number of Tier II permits issued to a household. No more than one Tier II
permit may be issued to a household for moose or musk oxen hunts, and no more
than three Tier II permits may be issued to a household for caribou hunts,
except that in Unit 13, no more than two permits may be issued to a household
for caribou hunts. An individual may not hold more than one Tier II permit for
a species. In the Tier II hunt within that portion of Unit 19(A) within the
Kuskokwim River drainage downstream from and including the George River
drainage, and downstream from and excluding the Downey Creek drainage, any
person in the household of the successful applicant may harvest the moose, and
all members of the household must be listed on the application.
(d) A person may not submit false or
inaccurate information in support of a Tier II application on behalf of himself
or herself or another person. An applicant, or an applicant's agent, shall
cooperate with any lawful investigation regarding information provided by the
applicant, or the applicant's agent, in that person's Tier II
application.
(e) A person may
appeal a Tier II permit allocation decision or score to the permit hunt
administrator within 20 days after the public release of the list of names of
those awarded Tier II permits.
(f)
An appeal must be made in writing or by telephone. If an appeal is made in
writing, it must be postmarked or hand delivered to the department within the
20-day period described in (e) of this section. If an appeal is made by
telephone, it must be made within the 20-day appeal period described in (e) of
this section. The department shall record telephone appeals by electronic
means.
(g) The department shall
provide a decision on the appeal by first class mail within seven days after
the department's receipt of the appeal.
(h) A person aggrieved by a decision under
(g) of this section may appeal to the commissioner in writing within seven days
after the mailing of a decision by the permit hunt administrator.
(i) The department may develop cooperative
programs with village councils, or other similarly qualified organizations, to
develop a certification procedure for the Tier II application process for
members of the organization. The program is intended to simplify the
administrative procedures by allowing an applicant to certify through the
organization that the information on his or her application on file with the
department is currently valid. A proper certification will constitute a valid
application.
(j) if the department
learns that the harvestable portion of a population has declined to a level
that requires a change in hunt type from Tier I to Tier II, or if the
department learns that the harvestable portion of a population has increased to
a level that requires a change in hunt type from Tier II to Tier I, the
department must implement the stat change at the next regularly scheduled
application period.
Notes
Authority:AS 16.05.255
AS 16.05.258
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