Section 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.(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.(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 (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.Eff. 7/1/2004, Register 170; am 7/1/2005, Register 174; am 3/10/2006, Register 177; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 4/8/2012, Register 202; am 7/1/2012, Register 202Authority:AS 16.05.255
AS 16.05.270