Section 5.92.095. Unlawful methods of taking furbearers; exceptions.

	(a)  The following methods and means of taking furbearers under a trapping license are prohibited, in addition to the prohibitions in 5 AAC 92.080:  
		(1) by disturbing or destroying a den, except that any muskrat pushup or feeding house may be disturbed in the course of trapping;  
		(2) by disturbing or destroying any beaver house;  
		(3) taking beaver by any means other than a steel trap or snare, except that a firearm may be used to take two beaver per day in Units 9 and 17 from April 15 through May 31 if the meat is salvaged for human consumption; a firearm may be used to take beaver in Units 1-5, 8, 18, 22, and 23 throughout the seasons and with the bag limits established in 5 AAC 84; a firearm or bow and arrow may be used to take beaver in Unit 17 from Dec. 1 through April 14 if the meat is salvaged; a firearm or bow and arrow may be used to take beaver in Units 12, 19, 20(A), 20(C), 20(E), 20(F), 21, 24, and 25 throughout the seasons and with the bag limits established in 5 AAC 84;  
		(4) taking land otter with a steel trap having an inside jaw spread of less than five and seven-eighths inches during any closed mink and marten season in the same game management unit;  
		(5) using a dog, net, or fish trap (except a blackfish or fyke trap);  
		(6) repealed 7/1/2012;  
		(7) taking a wolf or coyote with a steel trap, or with a snare smaller than 3/32 inch diameter in  
			(A) Units 7, 9, 12, 13, 14(B), 15, 16, 17, 19 - 21, 24, and 25 during April or October;  
			(B) Units 7, 13, 15, and 16 from November 1 through November 9;  
		(8) a person who has been airborne may not use a firearm to take or assist in taking a wolf or wolverine until after 3:00 a.m. on the day following the day in which the flying occurred; or in taking a coyote, arctic fox, red fox, or lynx, unless that person is over 300 feet from the airplane at the time of the taking; this paragraph does not apply to a trapper using a firearm to dispatch an animal caught in a trap or snare;   
		(9) taking a red fox in Unit 15 by any means other than a steel trap or snare;  
		(10) taking beaver in Units 11, 13, and 16 from September 25 through November 9, in the remainder of Unit 20(B) and in Unit  20(D) from September 25 through October 31 and from April 16 through May 31, and in Units 7 and 15 from October 15 through November 9 and from April 1 through April 30, except with underwater traps or snares;  
		(11) by using a hook;  
		(12) by placing or leaving an active trap or snare set on land or ice that is within 300 feet of the site at which a moose, caribou, or deer was killed as a result of being caught in a trap or snare; this prohibition applies for the duration of the regulatory year in which the moose, caribou, or deer was killed as a result of being caught in the trap or snare;  
		(13) repealed 7/1/2016;   
		(14) repealed 8/10/2010;  
		(15) repealed 7/1/2004;  
		(16) in Unit 1(C), that portion west of Excursion Inlet and north of Icy Passage, by using  
			(A) a snare with a cable diameter of 1/32 inch or larger that is set out of water, except under the terms of a registration permit;  
			(B) a trap or snare, unless the trap or snare is checked at least once every 72 hours;  
		(17) repealed 7/1/2016;  
		(18) in Unit 22, from June 11 through September 15, taking beaver by any means other than a firearm;  
		(19) in Unit 23, from June 11 through October 31, taking muskrat by any means other than a firearm;  
		(20) in Unit 5(A), the Yakutat area, by using snares or body-gripping traps with a jaw spread greater than eight inches, in the following areas:  
			(A) within 500 yards of permanent residences in Yakutat city limits;  
			(B) 500 yards inland from the mean high tide line between the intersection of Coast Guard Beach Road and the coast, and a point 1/2 mile south of the intersection of Cannon Beach Road and the coast, locally known as "the barge";  
			(C) within 150 yards on either side of Cannon Beach Road; and  
			(D) within 50 yards on either side of the Train Trail.  
	(b)  Repealed 8/8/87.  
	(c)  for the purposes of this section, "underwater" means the trap or snare must be placed below the waterline and the restraining portion of the trap or snare must be in the water.  

Authorities

16.05.255;16.05.783;16.05.920

Notes

Reference

5 AAC 92.075

Authority

AS 16.05.255 AS 16.05.783 AS 16.05.920

History

Eff. 7/5/85, Register 95; am 8/8/87, Register 103; am 4/24/88, Register 106; am 4/5/89, Register 110; am 8/20/89, Register 111; am 7/1/92, Register 122; am 10/1/93, Register 127; am 7/16/95, Register 135; am 4/25/96, Register 138; am 6/28/96, Register 138; am 7/26/97, Register 143; am 10/4/97, Register 144; am 7/1/98, Register 146; am 7/1/99, Register 150; am 7/1/2000, Register 154; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/1/2002, Register 162; am 12/5/2002, Register 164; am 12/22/2002, Register 164; am 7/1/2003, Register 166; am 7/1/2004, Register 170; add'l am 7/1/2004, Register 170; am 7/1/2005, Register 174; am 7/1/2006, Register 178; am 7/1/2007, Register 182; add'l am 7/1/2007, Register 182; am 7/1/2008, Register 186; add'l am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 8/10/2010, Register 195; am 7/1/2011, Register 198; add'l am 7/1/2011, Register 198; am 7/1/2012, Register 202; add'l am 7/1/2012, Register 202; am 7/1/2013, Register 206; add'l am 7/1/2013, Register 206; am 7/1/2015, Register 214; add'l am 7/1/2015, Register 214; am 7/1/2016; Register 218