Section 5.92.062. Priority for subsistence hunting; Tier II permits.

	(a)  If the board has eliminated nonsubsistence uses of a game population, and the board finds that it must further restrict the taking of game to assure that the game population is maintained and managed on a sustained yield basis, or to assure the continuation of subsistence uses of the game population, Tier II subsistence hunting permits will be allocated as described in (b) of this section, based on the following criteria:  
		(1) the customary and direct dependence on the game population by the subsistence user for human consumption as a mainstay of livelihood; and  
		(2) repealed 6/7/95;  
		(3) the ability of the subsistence user to obtain food if subsistence use is restricted or eliminated.  
	(b)  5 AAC 92.070 sets out the point system for ranking Tier II subsistence hunting permit applicants, which is based on the criteria set out in (a)(1) - (a)(3) of this section. A Tier II subsistence hunting permit will be issued to the highest ranking applicant or applicants, and then to the next-lower-ranking applicant or applicants, until the number of permits authorized by the department for a hunt has been issued. If one or more permits remain to be issued, but the number of equally ranking applicants exceeds the number of permits, permittees will be selected by a random drawing from among those applicants.  
	(c)  An applicant for a Tier II subsistence hunting permit must be a resident at least 10 years old. If the board considers it necessary or advisable, the board may limit the number of Tier II permits issued to a household. No more than one Tier II permit may be issued to a household for moose or musk oxen hunts, and no more than three Tier II permits may be issued to a household for caribou hunts, except that in Unit 13, no more than two permits may be issued to a household for caribou hunts. An individual may not hold more than one Tier II permit for a species.  
	(d)  A person may not submit false or inaccurate information in support of a Tier II application on behalf of himself or herself or another person. An applicant, or an applicant's agent, shall cooperate with any lawful investigation regarding information provided by the applicant, or the applicant's agent, in that person's Tier II application.  
	(e)  A person may appeal a Tier II permit allocation decision or score to the permit hunt administrator within 20 days after the public release of the list of names of those awarded Tier II permits.  
	(f)  An appeal must be made in writing or by telephone. If an appeal is made in writing, it must be postmarked or hand delivered to the department within the 20-day period described in (e) of this section. If an appeal is made by telephone, it must be made within the 20-day appeal period described in (e) of this section. The department shall record telephone appeals by electronic means.  
	(g)  The department shall provide a decision on the appeal by first class mail within seven days after the department's receipt of the appeal.  
	(h)  A person aggrieved by a decision under (g) of this section may appeal to the commissioner in writing within seven days after the mailing of a decision by the permit hunt administrator.  
	(i)  The department may develop cooperative programs with village councils, or other similarly qualified organizations, to develop a certification procedure for the Tier II application process for members of the organization. The program is intended to simplify the administrative procedures by allowing an applicant to certify through the organization that the information on his or her application on file with the department is currently valid. A proper certification will constitute a valid application.  
	(j)  if the department learns that the harvestable portion of a population has declined to a level that requires a change in hunt type from Tier I to Tier II, or if the department learns that the harvestable portion of a population has increased to a level that requires a change in hunt type from Tier II to Tier I, the department must implement the appropriate change at the next regularly scheduled application period.  

Authorities

16.05.255;16.05.258

Notes

Reference

5 AAC 92.050

Authority

AS 16.05.255 AS 16.05.258 Editor's note: The address to submit a written appeal under 5 AAC 92.062(f) is Alaska Department of Fish and Game, division of wildlife conservation, 333 Raspberry Road, Anchorage, Alaska 99518-1599. The phone number to appeal by telephone under 5 AAC 92.062(f) is 907-267-2246. The address to submit a written appeal under 5 AAC 92.062(h) is Office of the Commissioner, P.O. Box 115526, Juneau, AK 99811-5526.

History

Eff. 8/9/90, Register 115; am 12/27/90, Register 116; am 6/16/91, Register 118; am 6/27/91, Register 118; am 8/10/91, Register 119; am 5/15/93, Register 126; am 6/7/95, Register 135; am 7/16/95, Register 135; am 3/30/96, Register 137; am 6/28/96, Register 138; am 7/26/97, Register 143; am 7/1/99, Register 150; am 7/1/2004, Register 170; am 7/1/2006, Register 178; am 7/1/2007, Register 182; add'l am 7/1/2007, Register 182; am 7/1/2009, Register 190; am 7/1/2016, Register 218

References

5.92.062