Section 16.05.783. Same day airborne hunting.

   (a) A person may not shoot or assist in shooting a free-ranging wolf or wolverine the same day that a person has been airborne. However, the Board of Game may authorize a predator control program as part of a game management plan that involves airborne or same day airborne shooting if the board has determined based on information provided by the department
        (1) in regard to an identified big game prey population under AS 16.05.255(g) that objectives set by the board for the population have not been achieved and that predation is an important cause for the failure to achieve the objectives set by the board, and that a reduction of predation can reasonably be expected to aid in the achievement of the objectives; or
        (2) that a disease or parasite of a predator population
             (A) is threatening the normal biological condition of the predator population; or
             (B) if left untreated, would spread to other populations.
   (b) This section does not apply to
        (1) a person who was airborne the same day if that person was airborne only on a regularly scheduled commercial flight; or
        (2) an employee of the department who, as part of a game management program, is authorized to shoot or to assist in shooting wolf, wolverine, fox, or lynx on the same day that the employee has been airborne.
   (c) A person who violates this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000, or by imprisonment for not more than one year, or by both.  In addition, the court may order the aircraft and equipment used in or in aid of a violation of this section to be forfeited to the state.
   (d) When the Board of Game authorizes a predator control program that includes airborne or same day airborne shooting, the board shall have the prerogative to establish predator reduction objectives and limits, methods and means to be employed, who is authorized to participate in the program, and the conditions for participation of individuals in the program.
   (e) The use of state employees or state owned or chartered equipment, including helicopters, in a predator control program is prohibited without the approval of the commissioner.
   (f) In this section,
        (1) "free-ranging" means that the animal is wild and not caught in a trap or snare; and
        (2) "game management program" means a program authorized by the Board of Game or the commissioner to achieve identified game management objectives in a designated geographic area.

Notes

Recent Bills that will modify this

HB 152 GAME MANAGEMENT
HB 286 FISH & GAME: OFFENSES;LICENSES;PENALTIES
SB 164 FISH & GAME: OFFENSES;LICENSES;PENALTIES

Implemented As

5 AAC 92.039
5 AAC 92.090
5 AAC 92.095
5 AAC 92.110
5 AAC 92.111
5 AAC 92.112
5 AAC 92.113
5 AAC 92.118
5 AAC 92.121
5 AAC 92.122
5 AAC 92.123
5 AAC 92.124
5 AAC 92.126
5 AAC 92.127

References

5 AAC 92.039
5 AAC 92.111
5 AAC 92.112
5 AAC 92.113
5 AAC 92.118
5 AAC 92.121
5 AAC 92.122
5 AAC 92.123
5 AAC 92.124
5 AAC 92.126
5 AAC 92.990

History

(Sec. 1 1996 Ballot Measure No. 3; am Sec. 1 - 4 ch 2 SSSLA 1999; am Sec. 2 ch 20 SLA 2000; am Sec. 2 2000 Ballot Measure No. 6; am Sec. 1, 2 ch 124 SLA 2003)