Section 5.92.123. Intensive Management Plans VII.

	(a)  Plans established. Intensive management plans for the following areas are established in this section:  
		(1) Unit 19(A) Predation Control Area;  
		(2) Unit 19(D)-East Predation Control Area.  
	(b)  the Unit 19(A) Predation Control Area is established and consists of those portions of the Kuskokwim River drainage within Unit 19(A), encompassing approximately 10,048 square miles; this predation control program does not apply to any National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; notwithstanding any other provisions in this title, and based on the following information contained in this section, the commissioner or the commissioner's designee may conduct a wolf and black bear and brown bear population reduction or a wolf and black bear and brown bear population regulation program in Unit 19(A) to benefit moose:  
		(1) the following Wolf and Bear Predation Control Focus Areas are established in the Unit 19(A) Predation Control Area; the areas do not delineate a moose, wolf, or bear population and are not intended to distinguish animals within the focus areas from populations in Unit 19(A); the purpose is to focus wolf and bear control in a relatively small area where moose numbers can be better estimated, where moose are accessible to hunters, and where harvest can be closely monitored;  
			(A) the Wolf Predation Control Focus Area (WCFA) encompasses approximately 3,905 square miles within all Unit 19(A) drainages of the Kuskokwim River upstream from and including the Holitna River Drainage; wolf control will be conducted only within the WCFA; the department has the discretion to adjust the focus area's size and shape to include up to approximately 4,000 square miles of Unit 19(A);  
			(B) the Black Bear and Brown Bear Predation Control Focus Area (BCFA) encompasses approximately 534 square miles consisting of those portions of the Kuskokwim River drainage within the area enclosed by a line starting at Sleetmute at 61_ 42.00' N. lat., 157_ 10.00' W. long., then east to 61_ 42.00' N. lat., 157_ 00.00' W. long., then north to 61_ 44.00' N. lat., 157_ 00.00' W. long., then east to 61_ 44.00' N. lat., 156_ 55.00' W. long., then north to 61_ 46.00' N. lat., 156_ 55.00' W. long., then east to 61_ 46.00' N. lat., 156_ 50.00' W. long.,  then north to 61_ 48.00' N. lat., 156_ 50.00' W. long., then east to 61_ 48.00' N. lat., 156_ 45.00' W. long., then north to 61_ 50.00' N. lat., 156_ 45.00' W. long., then east to 61_ 50.00' N. lat., 156_ 30.00' W. long., then south to 61_ 40.00' N. lat., 156_ 30.00' W. long.,  then west to 61_ 40.00' N. lat., 156_ 45.00' W. long., then south to 61_ 18.00' N. lat., 156_  45.00' W. long., then west to 61_ 18.00' N. lat., 157_ 15.00' W. long., then north to 61_ 24.00' N. lat., 157_ 15.00' W. long., then east to 61_ 24.00' N. lat., 157_ 10.00' W. long.,  then north to 61_ 42.00' N. lat., 157_ 10.00' W. long.; bear control will be conducted only within the BCFA; the department has the discretion to adjust the area's size and shape up to approximately 800 square miles of Unit 19(A); the BCFA is mostly within the WCFA;  
		(2) this is a continuing control program that was first authorized by the board in 2004 for wolf control, with bear control added by the board in 2012; it is currently designed to increase moose numbers and harvest in the WCFA and BCFA by reducing predation on moose and is expected to make a contribution to achieving the intensive management (IM) objectives in Unit 19(A);  
		(3) moose, wolf, black bear, and brown bear objectives are as follows:  
			(A) the IM population objective established by the board for Units 19(A) and 19(B) is 13,500 - 16,500 moose; based on the relative sizes of the two units, the proportional population objective for Unit 19(A) alone is 7,600 - 9,300 moose; the IM moose harvest objective for Units 19(A) and 19(B) is 750 - 950 moose annually; the proportional harvest objective for Unit 19(A) alone is 400 - 550 moose annually;  
			(B) the density objective for moose in the BCFA is 2.0 per square mile (corrected for sightability) during late winter surveys; the annual moose harvest objective for the WCFA is 120 moose;  
			(C) the post-control wolf population objective for Unit 19(A) is 25 - 30 wolves; the pre-control wolf population in Unit 19(A) was estimated in winter 2006 - 2007 at 125 - 150 wolves; a minimum wolf population of 25 wolves is approximately an 80 percent reduction from the pre-control wolf population and will ensure that wolves persist in the plan area;  
			(D) the wolf control population objective in the WCFA is to reduce wolf numbers to the lowest level possible; the pre-control wolf population estimate within the WCFA in winter 2006 - 2007 was 75 - 100 wolves;  
			(E) the black bear control population objective in the BCFA is to reduce black bear numbers to the lowest level possible; the pre-control black bear population in Unit 19(A) was estimated at 2,500 - 3,000 black bears; the pre-control black bear population estimate within the BCFA was 135 - 160 black bears; because the BCFA is a relatively small geographic area, removing black bears from within the BCFA will have only a minor effect on the black bear population in Unit 19(A);  
			(F) the brown bear population control objective in the BCFA is to reduce brown bear numbers to the lowest level possible; the pre-control brown bear population in Unit 19(A) was estimated at 180 - 210 brown bears; the pre-control brown bear population estimate within the BCFA was 10 - 15 brown bears; because the BCFA is a relatively small geographic area, removing brown bears from within the BCFA will have only a minor effect on the brown bear population in Unit 19(A);  
		(4) board findings concerning populations and human use are as follows:  
			(A) the Unit 19(A) moose population and harvest IM objectives have not been achieved;  
			(B) the BCFA objectives for moose density and moose harvest have not been achieved;  
			(C) predation by wolves and bears is an important cause of the failure to achieve population and harvest objectives;  
			(D) a reduction of wolf and bear predation within the WCFA and BCFA can reasonably be expected to make progress towards achieving the Unit 19(A) IM objectives;  
			(E) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;  
			(F) reducing predation is likely to be effective given land ownership patterns;  
		(5) authorized methods and means are as follows:  
			(A) hunting and trapping of wolves and hunting of black bears and brown bears by the public in Unit 19(A) during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including use of motorized vehicles;  
			(B) notwithstanding any other provisions in this title, the commissioner may allow department employees to conduct aerial, land and shoot, or ground-based lethal removal of wolves and black bears and brown bears using state-owned, privately-owned, or chartered equipment, including helicopters, under AS 16.05.783;  
			(C) notwithstanding any other provisions in this title, the commissioner may issue public aerial shooting permits or public land and shoot permits using fixed-wing aircraft as a method of wolf removal under AS 16.05.783;  
		(6) time frame is as follows:  
			(A) through June 30, 2020, the commissioner may authorize removal of wolves and black bears and brown bears in Unit 19(A);  
			(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the moose, wolf, and bear populations, and recommendations for changes, if necessary to achieve the objectives of the plan;  
		(7) the commissioner will review, modify, or suspend program activities when:  
			(A) wolf surveys or accumulated information from department personnel, hunters, trappers, and permittees indicate the need to avoid reducing wolf numbers in Unit 19(A) below the control objective of 25 - 30 wolves specified in this subsection;  
			(B) the moose density and harvest objectives within the BCFA specified in this subsection are achieved.  
	(c)  Unit 19(D)-East Predation Control Area: the Unit 19(D)-East Predation Control Area is established and consists of those portions of the Kuskokwim River drainage within Unit 19(D) upstream from the Selatna River drainage and the Black River drainage, encompassing approximately 8,513 square miles; this predation control program does not apply to any National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; notwithstanding any other provisions in this title, and based on the following information contained in this section, the commissioner or the commissioner's designee may conduct a wolf and a black bear and a brown bear population reduction or a wolf and a black bear and a brown bear population regulation program in Unit 19(D)-East to benefit moose:  
		(1) the following Wolf and Bear Predation Control Focus Areas are established in the Unit 19(D)-East Predation Control Area; the areas do not delineate a moose, wolf, or bear population and are not intended to distinguish animals within the focus areas from populations in Unit 19(D)-East; the purpose is to focus wolf and bear control in a relatively small area where moose numbers can be better estimated, where moose are accessible to hunters, and where harvest can be closely monitored;  
			(A) the Wolf Predation Control Focus Area (WCFA) encompasses approximately 4,500 square miles within that portion of Unit 19(D) upstream of, but not including, the Black River drainage and upstream of and including the Little Selatna River drainage and downstream of, but not including, Fourth of July Creek, Soda Creek, Slow Fork, and Tonzona River drainages, surrounding the villages of McGrath, Takotna, Medfra and Nikolai; wolf control will be conducted only within the WCFA; the department will have the discretion to adjust the WCFA's size and shape to include up to approximately 5,100 square miles of Unit 19(D)-East;  
			(B) the Black Bear and Brown Bear Predation Control Focus Area (BCFA) encompasses approximately 528 square miles consisting of those portions of the Kuskokwim River drainage enclosed by a line starting at a point northwest of McGrath at 63_ 04.00' N. lat., 155_ 50.00' W. long., then east to 63_ 04.00' N. lat., 154_ 50.00' W. long., then south to 62_ 54.00' N. lat., 154_ 50.00' W. long., then west to 62_ 54.00' N. lat., 155_ 25.00' W. long., then south to 62_ 50.00' N. lat., 155_ 25.00' W. long., then west to 62_ 50.00' N. lat., 155_ 30.00' W. long., then south to 62_ 48.00' N. lat., 155_ 30.00' W. long., then west to 62_ 48.00' N. lat., 155_ 35.00' W. long., then south to 62_ 42.00' N. lat., 155_ 35.00' W. long., then west to 62_ 42.00' N. lat., 155_ 55.00' W. long., then north to 62_ 50.00' N. lat., 155_ 55.00' W. long., then east to 62_ 50.00' N. lat., 155_ 50.00' W. long., then north to the point of beginning at 63_ 04.00' N. lat., 155_ 50.00' W. long., surrounding the village of McGrath; bear control will be conducted only within the BCFA; the department will have the discretion to adjust the BCFA's size and shape up to approximately 680 square miles of Unit 19(D)-East; the BCFA is within the WCFA;  
		(2) this is a continuing control program that was first authorized by the board in 1995; wolf control began in winter 2003 - 2004 and bear control began with nonlethal removal of bears in the BCFA during May 2003 and May 2004; the control program is currently designed to increase moose numbers and harvest in the WCFA and BCFA by reducing predation on moose and is expected to make a contribution to achieving the intensive management (IM) objectives in Unit 19(D)-East;  
		(3) moose, wolf, black bear, and brown bear objectives are as follows:  
			(A) moose IM objectives established by the board for Unit 19(D)-East are for a population of 6,000 - 8,000 moose and an annual harvest of 400 - 600 moose;  
			(B) the density objective for moose in the BCFA is 2.0 per square mile (corrected for sightability) in fall surveys; the annual moose harvest objective for the WCFA is 180 moose;  
			(C) the post-control wolf population objective for Unit 19(D)-East is 40 wolves remaining; the pre-control wolf population in Unit 19(D)-East was estimated in February 2001 at 198 wolves; a minimum population of 40 wolves is approximately an 80 percent reduction from the pre-control wolf population and will ensure that wolves persist in the plan area;  
			(D) the wolf control population objective in the WCFA is to reduce wolf numbers to the lowest level possible; the pre-control wolf population estimate within the WCFA in 2001 was 68 wolves;  
			(E) the black bear control population objective in the BCFA is to reduce black bear numbers to the lowest level possible; the pre-control black bear population in Unit 19(D)-East was estimated at 1,700 black bears; the pre-control black bear population estimate within the BCFA was approximately 130 black bears; because the BCFA is a relatively small geographic area, removing black bears from within the BCFA will have only a minor effect on the black bear population in Unit 19(D)-East;  
			(F) the brown bear population control objective in the BCFA is to reduce brown bear numbers to the lowest level possible; the pre-control brown bear population in Unit 19(D)-East was 128 brown bears; the pre-control brown bear population estimate within the BCFA was nine brown bears; because the BCFA is a relatively small geographic area, removing brown bears from within the BCFA will have only a minor effect on the brown bear population in Unit 19(D)-East;  
		(4) board findings concerning populations and human use are as follows:  
			(A) the Unit 19(D)-East moose population and harvest objectives have not been achieved;  
			(B) the BCFA objectives for moose density and moose harvest have not been achieved;  
			(C) predation by wolves and bears is an important cause of the failure to achieve population and harvest objectives;  
			(D) a reduction of wolf and bear predation within the WCFA and BCFA can reasonably be expected to make progress towards achieving the Unit 19(D)-East intensive management objectives;  
			(E) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;  
			(F) reducing predation is likely to be effective given land ownership patterns;  
		(5) authorized methods and means are as follows:  
			(A) hunting and trapping of wolves and hunting of black bears and brown bears by the public in Unit 19(D)-East during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including use of motorized vehicles;  
			(B) notwithstanding any other provisions in this title, the commissioner may allow department employees to conduct aerial, land and shoot, or ground-based lethal removal of wolves and black bears and brown bears using state-owned, privately-owned, or chartered equipment, including helicopters, under AS 16.05.783;  
			(C) notwithstanding any other provisions in this title, the commissioner may issue public aerial shooting permits or public land and shoot permits using fixed-wing aircraft as a method of wolf removal under AS 16.05.783;  
		(6) time frame is as follows:  
			(A) through June 30, 2020, the commissioner may authorize removal of wolves and black bears and brown bears in Unit 19(D)-East;  
			(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the moose, wolf, and bear populations, and recommendations for changes, if necessary to achieve the objectives of the plan;  
		(7) the commissioner will review, modify, or suspend program activities when:  
			(A) the wolf surveys or accumulated information from department personnel, hunters, trappers, and permittees indicate the need to avoid reducing wolf numbers in Unit 19(D)-East below the control objective of 40 wolves specified in this subsection;  
			(B) the moose density and harvest objectives within the BCFA specified in this subsection are achieved.  

Authorities

16.05.255;16.05.270;16.05.783;44.62

Notes

Authority

AS 16.05.255 AS 16.05.270 AS 16.05.783 Editor's note: As of Register 203 (October 2012), and acting under AS 44.62.l25(b)(6), the regulations attorney made technical revisions to 5 AAC 92, replacing former 5 AAC 92.125 with smaller sections to facilitate printing of the regulations in the Alaska Administrative Code. As part of those revisions, material formerly set out in 5 AAC 92.125(e) and (f) was relocated to 5 AAC 92.123 without substantive change. The history note and authority citation for 5 AAC 92.123 carry forward the history of, and authority for, former 5 AAC 92.125. A copy of the Board of Game Bear Conservation and Management Policy (2006-164-BOG) incorporated by reference in 5 AAC 92.123(c)(5)(C) and (D) may be obtained by writing to the Department of Fish and Game, Board Support Section, P.O. Box 115525, Juneau, AK 99811-5525.

History

Eff. 10/1/93, Register 127; am 8/18/95, Register 135; am 7/1/96, Register 138; add'l am 7/1/96, Register 138; am 7/27/97, Register 143; am 2/22/2000, Register 153; am 7/1/2000, Register 154; am 7/19/2000, Register 155; am 1/3/2001, Register 156; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/26/2003, Register 167; am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; am 1/26/2006, Register 177; am 6/24/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2007, Register 182; am 3/21/2008, Register 186; am 5/20/2008, Register 186; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 12/15/2010, Register 196; am 1/29/2011, Register 197; am 5/14/2011, Register 198; am 7/1/2011, Register 198; am 3/24/2012, Register 201; am 4/1/2012, Register 201; am 7/1/2012, Register 202; am 7/1/2014, Register 210

References

5.92;5.92.125;5.92.123