5 AAC 92.029. Permit for possessing live game.

5 AAC 92.033. Permit for scientific, educational, propagative, or public safety purposes.

5 AAC 92.035. Permit for temporary commercial use of live game.

5 AAC 92.029. Permit for possessing live game.

(a) Except as otherwise provided in this chapter, or in AS 16, no person may possess, import, release, export, or assist in importing, releasing, or exporting, live game, unless the person holds a possession permit issued by the department.

(b) The following species, not including a hybrid of a game animal and a species listed in this subsection, may be possessed, imported, exported, bought, sold, or traded without a permit from the department but may not be released into the wild:

(c) The department may not issue a permit for the capture, possession, import, or export of any game animal, including a hybrid of a game animal and a species listed in (b) of this section, for use as a pet, exept that a person that possessed a chimpanzee as a pet before January 31, 2010 may obtain a permit from the department before July 1, 2010, in order to maintain possession of the chimpanzee in this state. The propagation of chimpanzees is prohibited in this state.

(d) Under this section, and in accordance with the definition of “game” in AS 16.05.940 (which includes feral domestic animals), a

(1) game animal defined as deleterious exotic wildlife or nonindigenous gallinaceous bird is feral if the animal is not under direct control of an owner, including being confined in a cage or other physical structure, or being restrained on a leash; the commissioner may capture, destroy, or dispose of any feral deleterious exotic wildlife or feral nonindigenous gallinaceous bird in an appropriate manner;

(2) musk oxen, bison, or reindeer that is lawfully owned, or an elk held under a valid game mammal farming license, that is not confined or is not under positive control is feral unless the animal is a free-ranging animal on a state or federal grazing lease; however,

(A) a person who can demonstrate ownership of the animal may pursue and capture the animal within 48 hours after the animal escapes from confinement, without needing to obtain a permit from the department;

(B) a person who can demonstrate ownership of the animal may pursue and capture the animal more than 48 hours after the animal escapes from confinement only if the person obtains a permit from the department;

(C) any free-ranging musk oxen, bison, reindeer, or elk for which ownership cannot be demonstrated is presumed to be game;

(D) for purposes of this paragraph, ownership of an animal may be demonstrated only by means of a clearly visible permanent brand, ear tag, or owner's mark on the body of the animal, except that in Unit 8 for bison, ownership may be demonstrated by a sworn statement, under penalty of perjury, if all bison in the area in question are privately owned.

(e) Any of the above species of bird, mammal, or reptile that is endangered may not be held in private ownership without a permit from the United States Fish and Wildlife Service.

(f) Notwithstanding (b) of this section, the following species may be temporarily released for the purpose of hunting dog or falcon training, field trials, and tests:

(1) Pigeon (Columia livia Var.);

(2) Pheasant, Jungle Fowl, or Coturnix (Subfamily Phasianinae);

(3) any Guineafowl species (Subfamily Numidinae);

(4) any New World Quail species (including Colinus) (Subfamily Odontophorinae);

(5) any duck, goose, swan, or other migratory waterfowl which the U.S. Fish and Wildlife Service has determined does not require a federal permit for private ownership;

(6) Chukar Partridge (Alectoris chukar).

(g) A person using live game listed in (f) of this section for the purpose of hunting dog or falcon training, field trials, or tests

(1) may release the game only on the day of use and shall make reasonable efforts to capture, kill, or recover the temporarily released live game;

(2) may take the live game in connection with hunting dog or falcon training, field trial, and test activities; and

(3) must legally acquire, hold, and dispose of the live game in accordance with all other applicable state statutes and regulations.

(h) Upon application, the board will add a species to the list in (b) of this section if there is clear and convincing evidence that the species

(1) is not capable of surviving in the wild in Alaska;

(2) is not capable of causing a genetic alteration of a species that is indigenous to Alaska;

(3) is not capable of causing a significant reduction in the population of a species that is indigenous to Alaska;

(4) is not capable of transmitting a disease to a species that is indigenous to Alaska;

(5) does not otherwise present a threat to the health or population of a species that is indigenous to Alaska;

(6) is not captured from the wild for use as a pet;

(7) does not present a conservation concern in the species' native habitat outside of this state;

(8) can be reasonably maintained in good health in private ownership; and

(9) does not present a likelihood that concerns about, or threats to human health and safety will lead to adverse consequences to captive animals.

(i) The board will remove a species from the list in (b) of this section, if there is a preponderance of evidence that the species

(1) is capable of surviving in the wild in Alaska;

(2) is capable of causing a genetic alteration of a species that is indigenous to Alaska;

(3) is capable of causing a significant reduction in the population of a species that is indigenous to Alaska;

(4) is capable of transmitting a disease to a species that is indigenous to Alaska;

(5) otherwise presents a threat to the health or population of a species that is indigenous to Alaska;

(6) is captured from the wild for use as a pet;

(7) presents a conservation concern in the species' native habitat outside of this state;

(8) cannot be reasonably maintained in good health in private ownership; or

(9) presents a likelihood that concerns about, or threats to human health and safety will lead to adverse consequences to captive animals.

(Eff. 7/5/85, Register 95; am 2/27/87, Register 105; am 8/20/89, Register 111; am 8/12/90, Register 115; am 7/1/94, Register 130; am 8/20/95, Register 135; am 6/28/96, Register 138; am 7/1/98, Register 146; am 7/1/2007, Register 182; am 6/17/2010, Register 194)

AUTHORITY: AS 16.05.255, AS 16.05.270, AS 16.05.920

5 AAC 92.033. Permit for scientific, educational, propagative, or public safety purposes.

(a) Notwithstanding restrictions in 5 AAC 78 - 5 AAC 88, the department may issue a permit for the taking, possessing, importing, or exporting of game for scientific, educational, propagative, or public safety purposes.

(b) The department may issue a permit for taking of big game for public safety purposes to an individual, including a state, municipal, or federal government official responsible for public safety, only as follows:

(1) the department shall evaluate all reported public safety problems involving big game brought to the department's attention, determine whether an actual threat to public safety is caused by a big game animal, and develop a list of all reasonable and practical solutions;

(2) if the department determines a threat to public safety can be resolved only by taking a big game animal under this section and no government official responsible for public safety is available, the department may issue a permit to a private individual;

(3) a permit that authorizes lethal taking of a big game animal issued to an individual other than a government official must be restricted to taking a specific, identified problem animal;

(4) a permit issued under this section must specify:

(A) name of the permittee and authorized subpermittees;

(B) the species of the big game animal that may be taken;

(C) the type of taking that is authorized, such as hazing, aversive conditioning, live trapping, or lethal taking;

(D) methods and means that may be employed;

(E) duration of the permit;

(F) the location of permitted activities;

(G) disposition of game taken; and

(H) reporting requirements.

(Eff. 7/5/85, Register 95; am 12/31/96, Register 141; am 7/26/97, Register 143)

AUTHORITY: AS 16.05.255, AS 16.05.340, AS 16.05.930

5 AAC 92.035. Permit for temporary commercial use of live game.

(a) The department may issue a permit for the importation and possession of game for commercial purposes and for the export of that game. A permit issued under this section is subject to the following conditions:

(1) no more than one permit may be issued to the same individual, to the same organization, or for the same animal during any 12-month period;

(2) a permit may not be renewed or transferred, is valid for a maximum of 120 days, and may be extended only with the approval of the Board of Game;

(3) a permit may be issued only for

(A) a non-indigenous game species; or

(B) an animal that originated outside the state and belongs to a species that is indigenous to this state;

(4) the permittee shall ensure that each animal's owner, trainer, or permanent caretaker maintains personal custody and control over the animal while the animal is in Alaska;

(5) the permittee must post a refundable surety deposit with the department in an amount determined by the commissioner; the minimum amount for a surety deposit is $500; the deposit is forfeited to the department if, for any reason, the animal has not been exported by the expiration date of the permit or any extension of the expiration date approved by the Board of Game; and

(6) the department may impose additional conditions relating to application procedures, animal care and treatment, intrastate transport, medical testing, and reporting requirements.

(b) The department may not issue a permit under this section for an animal that originated in this state and belongs to a species that is indigenous to this state.

(c) In this section, “commercial purposes” means the use of imported game for a circus, for a traveling animal show, or for film production; “commercial purposes” does not include the display or exhibition of game for the primary purpose of drawing the public to a commercial business.

(Eff. 7/9/95, Register 135; am 8/24/95, Register 135)

AUTHORITY: AS 16.05.255, AS 16.05.270, AS 16.05.920