Section 5.92.019. Taking of big game for certain religious ceremonies.

	(a)  The hunting and taking of game species having a positive finding in 5 AAC 99.025, outside the seasons or bag limits established in 5 AAC 85, for use in this state as food in customary and traditional Alaska Native funerary or mortuary religious ceremonies within 12 months preceding the ceremony is authorized if consistent with sustained yield principles.  
	(b)  The department shall publicize a list of game populations and areas, if any, for which the taking of game is inconsistent with sustained yield principles. It is the hunter's responsibility to contact the department to find out which game populations and areas are excluded from taking under this regulation.  
	(c)  A written permit from the department is not required for taking game under this section, except that in nonsubsistence areas, described in 5 AAC 99.015, and the Gulkana, Cantwell, Chistochina, Gakona, Mentasta, Tazlina, Chitina, and Kluti Kaah Community Harvest Area defined in 5 AAC 92.074(d), a ceremonial harvest report form, provided by the department, must be obtained and jointly completed by the hunter and the tribal chief, village council president, clan leader, traditional Native head of family, or clan leader's designee for the village associated with the customary and traditional Alaska Native funerary or mortuary religious ceremony.  
	(d)  Before game is taken under this section a tribal chief, village council president, clan leader, traditional Native head of family, or the chief's, president's, traditional Native head of family, or clan leader's designee for the village associated with the religious ceremony, must notify the nearest office of the department that a hunt for game will take place. The notification must include the number of animals expected to be taken and the location where the taking will occur. The tribal chief, village council president, clan leader, traditional Native head of family, or designee must maintain records of the successful hunters and the decedents for the ceremony, and make that information available to an authorized representative of the department upon request. The tribal chief, village council president, clan leader, traditional Native head of family, or designee must notify the department of the location, species, sex, and number of animals taken under this section as soon as practicable, but not more than 15 days after the taking of game.  
	(e)  It is an affirmative defense to a prosecution for hunting or taking big game outside the season or bag limit restrictions established in 5 AAC 85 that  
		(1) the person is a resident of this state;  
		(2) the hunting or taking was authorized under this section and the meat was used in a customary and traditional Alaska Native funeral or mortuary religious ceremony; and  
		(3) if the person took big game, the requirements of (d) of this section have been met.  
	(f)  This section does not authorize the taking of game in areas where hunting is prohibited or when prohibited by a federal law that preempts state laws on point.  
	(g)  In this section, "traditional Native head of family" means a person who, according to an Alaska Native tradition, is viewed as a head of a family and is charged with duties similar to those of a tribal chief, village council president, or clan leader regarding traditional Alaska Native funerary or mortuary rites.  

Authorities

16.05.255

Notes

Authority

Art. I, sec. 4, Ak. Const. AS 16.05.255 ________________________

History

Eff. 8/8/87, Register 103; am 6/28/96, Register 138; am 7/1/2002, Register 162; am 7/1/2003, Register 166; am 7/1/2010, Register 194; am 7/1/2014, Register 210