Section 5.92.061. Special provisions for brown bear drawing permit hunts.

	(a)  In the Unit 8 general brown bear drawing permit hunt, the department shall issue permits, and a hunter may apply for a permit, as follows:  
		(1) the department shall issue a maximum of 40 percent of the drawing permits to nonresidents and a minimum of 60 percent to residents; each guide may submit the same number of nonresident applications for a hunt as the number of permits available for that hunt;  
		(2) the department shall enter, in a resident drawing, each application from a resident and each application from a nonresident accompanied by a resident relative who is within the second degree of kindred; for each season, the department shall issue a maximum of four permits to nonresident hunters accompanied by a resident relative who is within the second degree of kindred; however, the department may not issue, within one calendar year, more than one of these permits per individual hunt, as described in the permit hunt guide published each year by the department;  
		(3) the department shall enter, in a guided nonresident drawing, each complete application from a nonresident who will be accompanied by a guide; the department may enter an application and issue a drawing permit for the general hunt only to a successful nonresident applicant who presents proof at the time of application that the applicant will be accompanied by a guide, as required under AS 16.05.407 or 16.05.408;  
		(4) the following provisions apply to a guided nonresident drawing under this section:  
			(A) an applicant for a guided nonresident drawing permit may apply for only one such permit per application period;  
			(B) after the successful applicants have been selected by drawing, the department shall create an alternate list by drawing the remaining names of applicants for a specific hunt and placing the names on the alternate list in the order in which the names were drawn;  
			(C) if a successful applicant cancels the guided hunt, the person whose name appears first on the alternate list for that hunt shall be offered the permit; if an alternate applicant cancels the guided hunt, the permit must be offered in turn to succeeding alternate applicants until the alternate list is exhausted;  
			(D) if a guided nonresident drawing permit is available, but the alternate list is exhausted, the permit becomes available, by registration at the Kodiak ADF&G office, to the first applicant furnishing proof that the applicant will be accompanied by a guide;  
		(5) repealed 7/1/2007.  
	(b)  In the Unit 10 brown bear drawing permit hunt, a nonresident may apply for and obtain a permit only as follows:  
		(1) the department may issue a drawing permit under this section only to a successful nonresident applicant who meets the requirements of this section;  
		(2) repealed 7/1/2013;  
		(3) the department shall enter, in a nonresident drawing, each complete application from a nonresident who will be accompanied by a guide or relative; until June 30, 2015, the department may enter an application for the applicable hunt only to a nonresident applicant who presents proof at the time of application that the applicant will be accompanied by a   
			(A) resident over 19 years of age who is the spouse or other relative of the applicant within the second degree of kindred, as described in AS 16.05.407(a); or  
			(B) guide, as required under AS 16.05.407 or 16.05.408, and that the guide has a guide use area registration on file with the Department of Commerce, Community, and Economic Development in accordance with AS 08.54.750 and 12 AAC 75.320, for the applicable guide use area during the season the drawing permit is valid.  

Authorities

16.05.255;16.05.407;16.05.408

Notes

Reference

5 AAC 92.049
5 AAC 92.050

Authority

AS 16.05.255 AS 16.05.407 AS 16.05.408 Editor's note: Before 8/20/89, Register 111, the substance of 5 AAC 92.061 was contained in former 5 AAC 83.230. The history note for 5 AAC 92.061 includes the history of the provision before 8/20/89.

History

Eff. 7/5/85, Register 95; am 8/20/89, Register 111; am 7/7/94, Register 131; am 5/25/95, Register 134; am 7/1/2005, Register 174; am 7/1/2007, Register 182; am 12/2/2007, Register 184; am 7/1/2009, Register 190; am 7/1/2013, Register 206; am 7/1/2014, Register 210

References

5.92.061;5.83.230