Section 5.92.029. 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:  
Common Name                           Scientific Name
Dog                                   Canis familiaris 
Cat                                   Felis catus 
Sheep                                 Ovis aries 
Goat                                  Capra hircus 
Cattle                                Bos taurus 
Oxen                                  Bos spp.
Horse                                 Equus caballus 
Guinea pig                            Cavia porcellus 
Reindeer (except feral reindeer)      Rangifer tarandus Var.
Llama                                 Lama peruana 
Alpaca                                Lama pacos 
One-humped camel                      Camelus dromedarius 
Ass                                   Equus asinus Var.
Mule                                  Equus asinus x caballus 
Swine                                 Sus scrofa Var.
European ferret                       Mustela putorius furo 
European rabbit                       Oryctolagus cuniculus Var.
White rat                             Rattus norvegicus Var.
                                      albinus 
Mice: white, waltzing, singing,       Mus musculus Var.
shaker, piebald
Fat-tailed gerbil                     Pachyuromys duprasi 
Gerbil                                Gerbillus spp.
Hamster (golden)                      Mesocricetus auratus 
Chinchilla                            Chinchilla laniger 
Cavy                                  Cavia aperea 
Hedgehog, African Pygmy               Erinaceus albiventris 
Chicken                               Gallus gallus Var.
Pigeon                                Columia livia Var.
Any Turkey species                    Subfamily Meleagridinae 
Any Pheasant, Junglefowl or           Subfamily Phasianinae 
Coturnix species
Any Guineafowl species                Subfamily Numidinae 
Canary                                Serinus canaria Var.
Parrot, parakeet, cockatiel,          Family Psittacidae 
macaw, and other members of
the Family Psittacidae 
not prohibited by federal or
international law
Toucan                                Family Ramphastidae 
Any New World Quail species           Subfamily Odontophorinae 
(including Bobwhite)
Mynah                                 Acridotheres spp.
Any Peafowl species                   Pavo spp.
Any duck, goose, swan, or other
migratory waterfowl which
the U.S. Fish and Wildlife
Service determines does not
require a federal permit for
private ownership
Chukar partridge                      Alectoris chukar
Button "quail"                        Family Turnicidae in the
                                      order Gruiformes 
Any nonvenomous reptile               Class Reptilia 
(crocodile, alligator, snake,
turtle, or lizard)
Members of the bird families
Fringillidae, Turdidae,
Zosteripidae, Pycnonotidae,
Timaliidae, and
Ploceidae of non-
Holarctic origin. Members of
the bird families
Columbidae and
Trogonidae of non-
nearctic origin.
Elk (except feral and wild elk)       (Cervus elaphus) 
Bison (except feral and wild bison)   (Bison bison) 
Muskoxen (except feral and wild
muskoxen)                             (Ovibos moschatus) 
	(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, except 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 under 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 can be demonstrated only by means of a clearly visible permanent brand, ear tag, or owner's mark on the body of the animal.  
	(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.  

Authorities

16.05.255;16.05.270;16.05.920

Notes

Reference

5 AAC 92.037

Authority

AS 16.05.255 AS 16.05.270 AS 16.05.920

History

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; am 7/1/2014, Register 210; am 7/1/2015, Register 214