Section 5.92.104. Authorization for methods and means disability exemptions.

	(a)  A person with a disability, or their personal representative, may submit an application on a form available from the department for an exemption from a methods and means requirement set out in this chapter. The application must  
		(1) include a signed statement from a licensed physician explaining the nature and extent of the person's disability;  
		(2) specifically identify the methods and means limitation at issue and the type of exemption requested;  
		(3) include a statement by the person with a disability that explains the causal relationship between the disability and the requested accommodation, or how the regulation at issue prohibits meaningful access to a program, service or benefit; and  
		(4) be submitted at least 30 days before the requested effective date of the exemption, unless the exemption is being requested as a result of an emergency order or emergency regulation.  
	(b)  The department shall issue a special authorization in writing that grants the requested exemption or an alternate exemption, if it determines that the exemption would provide a person with a disability with meaningful access to the program, service, or benefit in question, and meets the standard set out in this section. In granting the exemption, the department may include any conditions it determines are reasonable to conform the exemption to existing conservation and management objectives. In considering whether to grant the exemption, the department shall consider, among other factors, whether the exemption would  
		(1) fundamentally alter a program, service or benefit of the department;  
		(2) place an undue administrative burden or expense on the department;  
		(3) have an unreasonable impact on the conservation, development, or utilization of game; or  
		(4) constitute an unreasonable risk to public health or safety.  
	(c)  The department may require a hunter or trapper who receives an exemption under this section to be accompanied by another hunter or trapper who has a valid hunting and trapping license and is capable of retrieving game.  
	(d)  The department will not authorize an exemption under this section  
		(1) if the regulation does not substantially prohibit the person from meaningful access to the program, service, or benefit;  
		(2) that would allow exemption or modifications to seasons or bag limits; or  
		(3) for any accommodation if the Board of Game has previously reviewed and acted on the same request.  
	(e)  Notwithstanding any other provision in this title, the department may issue a permit to take brown bears with the use of bait during established seasons and with established bag limits to an applicant who qualifies for the hunt and meets the requirements of (a) and (b) of this section, and who is permanently wheelchair-bound or similarly disabled to the extent that use of bait is the only reasonable option the applicant has to harvest a brown bear.  

Authorities

16.05.020;16.05.050;16.05.255;16.05.258;16.05.270

Notes

Authority

AS 16.05.020 AS 16.05.050 AS 16.05.255 AS 16.05.258 AS 16.05.270 Editor's note: The form specified in 5 AAC 92.104(a) is available at any Division of Wildlife Conservation regional office of the Alaska Department of Fish and Game.

History

Eff. 9/3/99, Register 151; am 7/1/2010, Register 194

References

5.92.104