Section 5.92.044. Permit for hunting bear with the use of bait or scent lures.

	(a)  A person may not establish a bear bait station to hunt bear with the use of bait or scent lures without first obtaining a permit from the department under this section.  
	(b)  In addition to any condition that the department may require under 5 AAC 92.052, a permit issued under this section is subject to the following provisions:  
		(1) a person may establish a black bear bait station, or a black and brown bear bait station in Units 7, 11, 12, 13, 14(B), 15, 16, 20(A), 20(B), 20(C), 20(E), 21(D), 24(C), 24(D), and 25(D), only if that person obtains a permit under this section;  
		(2) a person must complete a bear hunter clinic given by the department before that person may obtain a permit from the department under this section;  
		(3) a person must be at least 16 years of age to be issued a permit;  
		(4) a person may not have more than two bait stations established with bait present at any one time, except that in Units 6, 7, 9, 11, 12, 13, 14(A), 14(B), 15, 16, 17, 19, 20, 21, 24, and 25, a registered guide-outfitter may operate up to 10 bait station sites at a time in each guide use area that the registered guide-outfitter may conduct big game hunting services in under AS 08.45.750, and may either personally or through licensed class-A assistant or assistant guides establish and maintain those sites simultaneously, if a signed big game commercial services contract under 12 AAC 75.260 is used for each hunter that uses any of the sites;  
		(5) a person may not use bait or scent lures within  
			(A) one-quarter mile of a publicly maintained road, trail, or the Alaska Railroad;  
			(B) one mile of a  
				(i) house or other permanent dwelling, except that bait may be used within one mile of a cabin if the cabin is on the opposite side of a major river system, as identified by the department in the permit, from the bear baiting station;  
				(ii) business; or  
				(iii) school; or  
			(C) one mile of a developed campground or developed recreational facility;  
		(6) a person may not give or receive remuneration for the use of a bait station, including barter or exchange of goods; however, this paragraph does not apply to remuneration from a client to a registered guide-outfitter, master guide-outfitter, or employee of the contracting guide for providing big game hunting services;  
		(7) a person using bait or scent lures shall clearly identify the site with a sign reading "bear bait station" that also displays the person's hunting license number, and the permit number;  
		(8) only biodegradable materials may be used as bait; if fish or big game is used as bait, only the head, bones, viscera, or skin of legally harvested fish and game may be used, except that in Units 7 and 15, fish or fish parts may not be used as bait;  
		(9) repealed 4/8/2012;  
		(10) a permittee must remove bait, litter, and equipment from the bait station site when hunting is completed;  
		(11) repealed 4/8/2012;  
		(12) repealed 7/1/2016;   
		(13) in Units 7, 9, 11, 12, 13, 14(A), 14(B), 15, 16, 17, 19, 20, 21, 24, 25, 26(B), and 26(C), a hunter who has been airborne may take or assist in taking a black bear at a bait station with the use of bait or scent lures under a permit issued by the department, and if the hunter is at least 300 feet from the airplane at the time of taking; in Units 7, 11, 12, 13, 14(B), 15, 16, 20(A), 20(B), 20(C), 20(E), 21(D), 24(C), 24(D), and 25(D), a hunter who has been airborne may take or assist in taking a brown bear at a bait station with the use of bait or scent lures under a permit issued by the department, and if the hunter is at least 300 feet from the airplane at the time of taking.  
		(14) before a person establishes a bear baiting station and places bait at the baiting station that person shall, at the time of registration, provide to the department the specific location of the baiting station on a form provided by the department.  
	(c)  Except as otherwise limited in this section, a person may bait and hunt another persons's bait station site if the person has written permission from the person who registered the site.  
	(d)  In this section, "operate" means to establish, register, bait, maintain, or hunt a bait station site.  

Authorities

16.05.255;16.05.330

Notes

Reference

5 AAC 92.085
5 AAC 92.230

Authority

AS 16.05.255 AS 16.05.330

History

Eff. 7/1/2004, Register 170; am 12/30/2004, Register 172; am 7/1/2005, Register 174; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 4/14/2010, Register 194; am 7/1/2010, Register 194; am 3/1/2011, Register 197; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; am 4/8/2012, Register 201; am 7/1/2012, Register 202; am 7/1/2013, Register 206; 1st add'l am 7/1/2013, Register 206; 2nd add'l am 7/1/2013, Register 206; am 7/1/2014, Register 210; am 7/1/2015, Register 214; am 7/1/2016, Register 218