5 AAC 92.115 - Control of predation by bears
(a) Notwithstanding
any other provision in this title, the commissioner or the commissioner's
designee may, in accordance with this section, and consistent with any
applicable predation control implementation plan adopted by the board, conduct
a bear population reduction or bear population regulation program. The
commissioner or the commissioner's designee, including contracted agents of
other governmental agencies, may reduce bear populations in an efficient
manner, by any means, but as safely and humanely as practical, including the
use of a helicopter.
(b) Repealed
3/10/2006.
(c) Repealed
3/10/2006.
(d) After the board has
adopted a predation control implementation plan, the commissioner may, at any
time during the period for which the plan is in effect, determine whether to
implement the plan and may, by regulation, amend the plan to apply additional
restrictions in light of circumstances existing at the time of
implementation.
(e) If the board
authorizes the issuance of permits for use of aircraft as a method of bear
removal, the commissioner may, at any time while the plan is in effect,
implement a program authorizing the use of aircraft by order of the department.
A permit may be issued for a specified limited time period after which
reissuance is required. The department may monitor programs involving the use
of aircraft from the air.
(f)
Unless specifically exempted by the board, a person taking bear under a bear
population reduction or bear population regulation program must retrieve the
bear hide and skull so that maximum economic and scientific value may be
realized from each bear.
(g) Poison
may not be used to take bears.
(h)
Repealed 5/16/2010.
(i) The
commissioner shall stop the taking of bears under the implementation plan and,
if necessary, stop other instances of taking of bears in the affected area for
the remainder of the regulatory year, when plan objectives adopted by the board
for that area have been reached for that year.
(j) This section applies only to a specific
program designed to reduce or regulate bear populations for the purpose of
managing wild prey populations. This section does not apply to other
responsibilities of the commissioner, such as activities relating to
(1) animal propagation;
(2) scientific studies;
(3) stocking conducted under
AS
16.05.050;
(4) issuance of permits for collection of
animals under
AS
16.05.340(b);
(5) the isolated taking of animals necessary
for immediate protection of wildlife populations or the general public or
property under
AS
16.05.020; or
(6) issuance of any other department permits
authorized by state or federal law.
(k) A bear population reduction or bear
population regulation program established under this section is independent of,
and does not apply to, hunting and trapping authorized in 5 AAC 84 - 5 AAC
85.
Notes
Authority:AS 16.05.255
AS 16.05.270
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