5 AAC 99.010 - Boards of fisheries and game subsistence procedures
(a) In applying a
subsistence law, the Board of Fisheries and the Board of Game will provide for
conservation and development of Alaska's fish and game resources according to
sustained yield principles.
(b)
Each board will identify fish stocks or game populations, or portions of stocks
or populations, that are customarily and traditionally taken or used by Alaska
residents for subsistence uses by considering the following criteria:
(1) a long-term consistent pattern of
noncommercial taking, use, and reliance on the fish stock or game population
that has been established over a reasonable period of time of not less than one
generation, excluding interruption by circumstances beyond the user's control,
such as unavailability of the fish or game caused by migratory
patterns;
(2) a pattern of taking
or use recurring in specific seasons of each year;
(3) a pattern of taking or use consisting of
methods and means of harvest that are characterized by efficiency and economy
of effort and cost;
(4) the area in
which the noncommercial, long-term, and consistent pattern of taking, use, and
reliance upon the fish stock or game population has been established;
(5) a means of handling, preparing,
preserving, and storing fish or game that has been traditionally used by past
generations, but not excluding recent technological advances where
appropriate;
(6) a pattern of
taking or use that includes the handing down of knowledge of fishing or hunting
skills, values, and lore from generation to generation;
(7) a pattern of taking, use, and reliance
where the harvest effort or products of that harvest are distributed or shared,
including customary trade, barter, and gift-giving; and
(8) a pattern that includes taking, use, and
reliance for subsistence purposes upon a wide diversity of fish and game
resources and that provides substantial economic, cultural, social, and
nutritional elements of the subsistence way of life.
(c) When circumstances such as increased
numbers of users, weather, predation, or loss of habitat may jeopardize the
sustained yield of a fish stock or game population, each board will exercise
all practical options for restricting nonsubsistence harvest of the stock or
population and may address other limiting factors before subsistence uses are
restricted below the level the board has determined to provide a reasonable
opportunity. If all available restrictions for nonsubsistence harvests have
been implemented and further restrictions are needed, the board will eliminate
nonsubsistence consumptive uses, and reduce the take for subsistence uses in a
series of graduated steps under
AS
16.05.258(b)(4)(B) - the
"Tier II" distinction - by distinguishing among subsistence users through
limitations based on
(1) the customary and
direct dependence on the fish stock or game population by the subsistence user
for human consumption as a mainstay of livelihood;
(2) repealed 2/23/2014; and
(3) the ability of the subsistence user to
obtain food if subsistence use of the stock or population is restricted or
eliminated.
Notes
Authority:AS 16.05.251
AS 16.05.255
AS 16.05.258
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