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 Alaska Administrative Code (Last Updated: January 12, 2017)
 Title 5. Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries. (5 AAC 1 - 5 AAC 41).
 Part 5.1. Commercial and Subsistence Fishing and Private Nonprofit Salmon Hatcheries.
 Chapter 5.92. Statewide Provisions.
 Article 5.92.3. Permits.

  Section 5.92.050. Required permit hunt conditions and procedures.  

Latest version. 
  • 	(a)  The following conditions and procedures for permit issuance apply to each permit hunt:  
		(1) the applicant or the applicant's agent shall complete the application form; two hunters may apply as a party in a drawing permit hunt, and if drawn, both applicants will receive a permit; a permit application that is incomplete, or that does not include, if required, an Alaska big game hunting license number, or that contains a false statement, is void; the applicant must obtain or apply for an Alaska big game hunting license before submitting a drawing permit application; and  
			(A) to apply for a drawing permit hunt, for any hunt that requires a registered or master guide, a nonresident or a nonresident alien must contract a qualified registered guide or master guide as their agent to submit the application and provide hunting services; the contracting registered guide or master guide, shall provide, at the time of application, their current unique verification code that has been issued to them pursuant to 12 AAC 75.260(d);  
			(B) the requirement in 5 AAC 92.050(l)(A) does not apply if the applicant is a nonresident and will be accompanied by a resident over 19 years of age who is a spouse or a relative within the second degree of kindred, as described in AS 16.05.407(a);  
		(2) except as provided in 5 AAC 92.061 and 5 AAC 92.069, a person may not  
			(A) apply for more than six drawing permit hunts for the same species per regulatory year, with no more than three for bull moose hunts;  
			(B) repealed 7/1/2016;  
			(C) apply for more than one moose drawing permit for a nonresident in Unit 23 per regulatory year; or  
			(D) hold more than one drawing permit for the same species per regulatory year;  
		(3) the commissioner shall void all applications by one person for more than six hunts for the same species, or three hunts for bull moose as described in (2)(A) of this subsection, and all applications by one person for more than one moose hunt for a nonresident in Unit 23;  
		(4) permit issuance:  
			(A) the department shall issue registration permits in the order applications are received, and drawing permits on a lottery basis;  
			(B) a successful applicant shall obtain the permit within the time specified by the department in a notification;  
			(C) repealed 7/1/2007;  
			(D) the department will issue Tier II subsistence hunting permits as provided in 5 AAC 92.062(b) and (c);  
			(E) the department may issue additional drawing hunting permits or Tier II subsistence hunting permits for specific hunts, in excess of the number established by other regulation, in order to correct administrative error in processing permit applications that has resulted in the denial of a permit to an applicant entitled to receive one;  
			(F) an individual who is a successful applicant for a specific drawing permit hunt is ineligible to apply for a permit for that specific hunt the following year;  
			(G) an individual who is a successful applicant for a Koyukuk Controlled Use Area moose drawing permit is ineligible to apply for a Koyukuk Controlled Use Area moose drawing permit the following year;  
			(H) a resident who is a successful applicant for a bison drawing permit hunt is ineligible to apply for another bison drawing permit for 10 years; a nonresident who is a successful applicant for a bison drawing permit hunt is ineligible to apply for another bison drawing permit;  
			(I) no more than one Unit 13 Tier I subsistence permit for caribou may be issued per household every regulatory year; the head of household, as defined in 5 AAC 92.071(b), and any member of the household obtaining a Unit 13 Tier I subsistence permit in a regulatory year for caribou may not hunt caribou or moose in any other location in the state during that regulatory year;  
		(5) except as provided in (6) of this subsection, a permit is nontransferable; however, the department may reissue an invalidated Tier II subsistence hunting permit to the highest-ranked applicant remaining in the original pool of eligible applicants;  
		(6) the commissioner may reissue or transfer a permit as follows:  
			(A) a permit may be transferred for scientific purposes;  
			(B) a person that is on active duty in a branch of the military under United States Department of Defense deployment orders to a combat zone designated by executive order issued by the President of the United States and that has been issued a  
				(i) drawing permit, and is prevented from using the drawing permit due to being out of the state on active duty, may be reissued the same drawing permit when the person returns to this state from active duty under this subparagraph, under procedures set out in the applicable permit hunt supplement;   
				(ii) Tier II permit may transfer that Tier II permit only during the same regulatory year to a substitute resident hunter while the person is out of the state on active duty under this subparagraph, under procedures set out in the applicable permit hunt supplement;  
		(7) immediately after killing a big game animal for which a permit is required, the permittee, or his or her proxy under 5 AAC 92.011, shall cancel the permit by removing the permit day and month on which the kill was made, without obliterating or destroying any other day and month printed on the permit;  
		(8) a person who has been issued a permit, or that person's proxy under 5 AAC 92.011, shall return the permit harvest report to the department within the time period stated on the permit; in addition to other penalties provided by law for failure to report harvest, and except as provided in this paragraph and (c) of this section, if a permittee or the permittee's proxy fails to provide the required report for a drawing permit, registration permit, targeted permit, Tier I subsistence permit, or Tier II subsistence permit, the permittee will be ineligible to be issued a drawing, registration, targeted, Tier I subsistence, or Tier II subsistence permit during the following regulatory year; notwithstanding the provisions of this paragraph, the department may determine that, for specific hunts, it is administratively impracticable, to apply the penalty for failure to report;  
		(9) an applicant for a certified bowhunters only permit hunt must successfully complete a department-approved bowhunter education course before submitting a permit application;  
		(10) beginning July 1, 2007, an applicant for a certified muzzleloader hunter only permit hunt must have successfully completed a department approved muzzleloader certification course before submitting a permit application.  
	(b)  The department may issue annually one bull bison permit for Unit 20(D) through a raffle or lottery conducted by a "qualified organization" as defined in AS 16.05.343. In addition to (a)(3) and (a)(5) - (a)(8) of this section, the following applies to the permittee:  
		(1) the permittee is not eligible for another bison drawing permit in the same regulatory year;  
		(2) if the permittee is a nonresident, the fee for the nonresident bison locking tag is to be paid from the proceeds of the raffle or lottery;  
		(3) a bison taken under a permit issued under this subsection does not count against the regular bag limit of one bison every 10 years; however, no person may take more than one bison, statewide, per regulatory year.  
	(c)  A person aggrieved by a decision under (a)(8) of this section will be granted a hearing before the commissioner or the commissioner's designee, if the permittee makes a request for a hearing in writing to the commissioner within 60 days after the conclusion of the permit hunt for which the person failed to provide a report. The commissioner may determine that the penalty provided under (a)(8) of this section will not be applied if the permittee provides the information required on the report and if the commissioner determines that the failure to provide the report was the result of unavoidable circumstance, or that, in the case of subsistence permit, extreme hardship would result to the applicant.  
	(d)  A permittee under this section must keep the permit in possession while hunting.

Authorities

16.05.255;16.05.258;16.05.330;16.05.343;16.05.407

Notes


Authority
AS 16.05.255 AS 16.05.258 AS 16.05.330 AS 16.05.343 AS 16.05.407 Editor's note: At its November 9 - 11, 1992, January 19 - 28, 1993 meeting, the Board of Game readopted 5 AAC 92.050 in its entirety, without change, under ch. 1, SSSLA 1992 (the 1992 subsistence law), which repealed and reenacted AS 16.05.258. Beginning in Register 140 (January 1997), the regulations attorney corrected 5 AAC 92.050(b) and (c) to correctly cite (a)(8) instead of (a)(7). These citations were inadvertently not corrected when (a)(7) was renumbered to (a)(8) in 1992.
History
Eff. 7/5/85, Register 95; am 7/3/86, Register 99; am 4/24/88, Register 106; am 8/12/90, Register 115; am 8/10/91, Register 119; am 7/1/92, Register 122; readopt 5/13/93, Register 126; am 7/1/93, Register 126; am 7/7/94, Register 131; am 7/8/95, Register 135; am 6/28/96, Register 138; am 1/1/97, Register 140; am 3/25/98, Register 145; am 7/1/2000, Register 154; add'l am 7/1/2000, Register 154; am 7/1/2004, Register 170; am 11/1/2004, Register 172; am 12/30/2004, Register 172; am 7/1/2005, Register 174; am 7/1/2006, Register 178; add'l am 7/1/2006, Register 178; am 1/14/2007, Register 181; am 7/1/2007, Register 182; am 1/1/2008, Register 184; am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 2/4/2011, Register 197; am 7/1/2012, Register 202; am 7/1/2014, Register 210; am 7/1/2016, Register 218

References

5.92.050