Miscellaneous Game Regulations
Alaska Department of Fish and Game
Effective July 1, 2002

5 AAC 92.005. POLICY FOR CHANGING BOARD AGENDA.

The Board of Game will, in its discretion, change its schedule for considering proposed regulatory changes in accordance with the following guidelines:

1. a request to consider a proposed regulatory change outside the board's published schedule must be in writing, and must specify the change proposed and the reason it should be considered out of sequence;
2. a request must be sent to the deputy director of the division of boards at least 45 days before a scheduled meeting, unless the board allows an exception to the deadline because of an emergency;
3. the deputy director shall attempt to obtain comments on the request from as many board members as can be contacted; and
4. if a majority of the board members contacted approve the request, the deputy director shall notify the public and the department of the agenda change.

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5 AAC 92.003. HUNTER EDUCATION AND ORIENTATION REQUIREMENTS..

(a) Beginning August 1, 2002, a person born after January 1, 1986, that is

1. required to have a hunting license must have successfully completed a certified hunter education course in order to hunt in Units 7, 13, 14, 15, and 20;
2. not required to have a hunting license, and who has not successfully completed a certified hunter education course, must be under the direct immediate supervision of a licensed hunter 16 years of age or older who has successfully completed a certified hunter education course in order to hunt in Units 7, 13, 14, 15, and 20.

(b) Notwithstanding (a) of this section, a resident hunter who is 12 through 17 years of age at the start of the hunt, and has successfully completed a certified hunter education course, is allowed to hunt on behalf of an adult Unit 13 Tier II caribou permit holder, under the direct immediate supervision of the permit holder, who is responsible for insuring that all legal requirements are met.

(c) A nonresident hunter in Unit 17(B) must have attended a department-approved hunter orientation course (to include trophy recognition and meat care) before hunting for moose or must be accompanied by a registered guide or resident family member within the second degree or kindred.

(d) A nonresident hunter in Unit 19(B) must have attended a department-approved hunter orientation course (to include trophy recognition and meat care) before hunting for moose or caribou or must be accompanied by a registered guide or resident family member within the second degree of kindred.

(e) A muzzleloader hunter in a muzzleloader-only hunt must have successfully completed a department-approved hunter education course that includes ballistic limitations of muzzleloading weapons and a proficiency test with the weapon and hunting load to be used.

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5 AAC 92.013. MIGRATORY BIRD HUNTING GUIDE SERVICES.

(a) A migratory bird hunting guide shall register each year with the department before providing migratory bird hunting guide services by submitting to the department a completed migratory bird hunting guide registration form provided by the department. The following information must be included on the form at the time of registration:

1. the name, permanent residence address, mailing address, and phone number of the migratory bird hunting guide;
2. the areas in which the migratory bird hunting guide will operate;
3. the name, address, and telephone number of any business that employs the migratory bird hunting guide or that the guide is affiliated with purposes of providing migratory bird hunting guiding services; and
4. other information required by the department on the registration form.

(b) Migratory bird hunting guide providing migratory bird hunting guide services must have in possession a copy of a validated migratory bird guide registration form for the current year.

(c) A person or business who provides migratory bird hunting guide services may not aid in the commission of a violation of AS 16.05 - AS 16.40 or a regulation adopted under AS 16.05 - AS 16.40 by a hunter who is a client of the guide or of the guiding business.

(d) For purposes of this section,

1. “migratory bird guide” means a person who provides migratory bird hunting guide services;
2. “migratory bird hunting guide services” means to assist, for compensation or with the intent to receive compensation, a migratory bird hunter to take or attempt to take migratory birds by accompanying or personally directing the hunter in migratory bird hunting activities.

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5 AAC 92.019. TAKING OF BIG GAME FOR CERTAIN RELIGIOUS CEREMONIES.

(a) The hunting and taking of big game customarily and traditionally taken or used for subsistence as identified in 5 AAC 99.025, outside the seasons or bag limits established in 5 AAC 85 for use as food in customary and traditional Alaska Native funerary or mortuary religious ceremonies within 12 months preceding the ceremony is authorized if consistent with sustained yield principles.

(b) The department shall publicize a list of big game populations and areas, if any, for which the taking of a big game animal would be inconsistent with sustained yield principles.

(c) A written permit from the department is not required for taking big game under this section.

(d) A person who takes big game under this section shall, as soon as practicable and not more than 20 days after the ceremony, submit or ensure submission of a written report to the nearest office of the department, specifying the person's name and address, the number and sex of big game animals taken, the dates and locations of the taking, and the identity of the decedent or decedents for whom the ceremony was or will be held.

(e) It is an affirmative defense to a prosecution for hunting or taking big game outside the season or bag limit restrictions established in 5 AAC 85 that

(1) the person is an Alaska resident;

(2) the hunting or taking was authorized under this section and the meat was used in a customary and traditional Alaska Native religious ceremony; and

(3) if the person took big game, the person complied with the requirements of (d) of this section.

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5 AAC 92.028. AVICULTURE PERMIT.

(a) No person may hold in captivity a bird listed in (d) of this section without a biennial aviculture permit in possession. Each permit holder shall keep each bird held under his permit wingclipped. No bird may be released into the wild.

(b) The department will issue an aviculture permit if the applicant demonstrates to the satisfaction of the department the ability to properly care for the birds to be kept under the permit as follows:

1. provide suitable facilities to house, breed, and maintain the birds in a clean and healthy condition;
2. provide adequate food, water, shelter, and sanitation for the birds;
3. protect the birds from injury and predation; and
4. prevent overcrowding.

(c) An aviculture permit is valid from the date issued until the second January 31 after that date. Each permittee shall submit an annual report to the department concerning birds held during the year by January 31 of each year. Failure to report may result in revocation of the permit. The report must reflect all activities conducted under the authority of the permit during the year and list by common name, genus, and species the number and sex of:

1. each bird alive and in possession;
2. each bird acquired and the source of each bird acquired;
3. each bird that died and the probable cause of death;
4. each bird sold, traded, or given as a gift; the name and address of the recipient; and if sold, given, or traded within Alaska, the aviculture permit number of the recipient.

(d) The permittee may possess, sell, import, or export captive-bred, nonendangered birds listed in (3) of this subsection, however;

1. an imported bird must be accompanied by a licensed veterinarian's certificate of good health;
2. a bird may be exported only if the exportation is in compliance with the recipient's state and federal regulations;
3. the permit applies to the following birds in the Order Galliformes:
   1. a member of the Family Megapodiidae (Megapodes, 10 spp.);
   2. a member of the Family Cracidae (Curassow family, 44 spp.);
   3. in the Family Phasianidae
   1. a member of the genus Alectoris (Rock, Barbary, Red-legged, etc., Partridge), except Alectoris chukar, the chukar partridge, for which no permit is required;
   2. a member of the genus Francolinus (Francolins);
   3. a member of the genus Ammoperdix (Sand-partridge); and
   4. in the Subfamily Tetraoninae, Tetrao urogallus (Capercaille); and
   4. no permit will be issued for other birds in the Order Galliformes.

(e) The department will, in its discretion, and at a reasonable hour, inspect the birds and aviculture facilities of a permit holder. The department will, in its discretion, revoke a permit if

1. an inspection reveals a bird to be in poor condition as a result of the permittee's negligence; or
2. the facilities are found to be inadequate; or
3. the permittee is found to be in violation of a provision of this section.

(f) No permittee may kill a bird of prey in defense of the permittee's birds. A permittee may, with prior permission from the department, be allowed to trap a bird of prey in defense of the permittee's birds.

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5 AAC 92.029. PERMIT FOR POSSESSING LIVE GAME.

(a) Except as otherwise provided in this chapter, or in AS 16, no person may possess, import, release, export, or assist in importing, releasing, or exporting, live game, unless the person holds a permit issued by the department.

(b) The following species, not including a hybrid of a game animal and a species listed in this subsection, may be possessed, imported, exported, bought, sold, or traded without a permit from the department but may not be released into the wild:

(c) The department may not issue a permit for the capture, possession, import, or export of any game animal, including a hybrid of a game animal and a species listed in (b) of this section, for use as a pet.

(d) Under this section, and in accordance with the definition of "game" in AS 16.05.940 (which includes feral domestic animals), a

1. European ferret (Mustela putorius furo), swine (Sus scrofa Var.), or nonindigenous gallinaceous bird, is feral if the animal is not under direct control of the owner, including being confined in a cage or other physical structure, or being restrained on a leash. The commissioner may capture, destroy, or dispose of any feral ferret, feral swine, or feral nonindigenous gallinaceous bird in an appropriate manner;
2. muskoxen, bison, or reindeer that is lawfully owned, or an elk held under a valid game mammal farming license, that is not confined or is not under positive control is feral unless the animal is a free-ranging animal under a state or federal grazing lease; however
   1. a person who can demonstrate ownership of the animal may pursue and capture the animal within 48 hours after the animal escapes from confinement, without needing to obtain a permit from the department;
   2. a person who can demonstrate ownership of the animal may pursue and capture the animal more than 48 hours after the animal escapes from confinement only if the person obtains a permit from the department;
   3. any free-ranging muskoxen, bison, reindeer, or elk for which ownership cannot be demonstrated is presumed to be game;
   4. for purposes of this paragraph, ownership of an animal can be demonstrated only by means of a clearly visible permanent brand, ear tag, or owner's mark on the body of the animal.

(e) Any of the above species of bird, mammal, or reptile that is endangered may not be held in private ownership without a permit from the U.S. Fish and Wildlife Service.

(f) Notwithstanding (b) of this section the following species may be temporarily released for the purpose of hunting dog or falcon training, field trials, and tests:

1. Pigeon (Columba livia Var.);
2. Pheasant, Junglefowl, or Coturnix spp. (Subfamily Phasianinae);
3. any Guineafowl species (Subfamily Numidinae);
4. any New World Quail species (including Bobwhite) (Subfamily Odontophorinae);
5. any duck, goose, swan, or other migratory waterfowl which the U.S. Fish and Wildlife Service has determined does not require a federal permit for private ownership; and
6. chukar partridge (Alectoris chukar).

(g) A person using live game listed in (f) of this section for the purpose of hunting dog or falcon training, field trials, or tests:

1. may release the game only on the day of use and shall make reasonable efforts to capture, kill, or recover such temporarily released live game;
2. may take the live game in connection with hunting dog or falcon training, field trial, and test activities; and
3. must legally acquire, hold, and dispose of the live game in accordance with all other applicable state statutes and regulations.

(h) Upon application, the board will add a species to the list in (b) of this section if there is clear and convincing evidence that the species:

1. is not capable of surviving in the wild of Alaska;
2. is not capable of causing a genetic alteration of a species that is indigenous to Alaska;
3. is not capable of causing a significant reduction in the population of a species that is indigenous to Alaska;
4. is not capable of transmitting a disease to a species that is indigenous to Alaska; and
5. does not otherwise present a threat to the health or population of a species that is indigenous to Alaska.

(i) The Board will remove a species from the list in (b) of this section if there is a preponderance of evidence that the species

1. is capable of surviving in the wild of Alaska;
2. is capable of causing a genetic alteration of a species that is indigenous to Alaska;
3. is capable of causing a significant reduction in the population of a species that is indigenous to Alaska;
4. is capable of transmitting a disease to a species that is indigenous to Alaska; or
5. otherwise presents a threat to the health or population of a species that is indigenous to Alaska.

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5 AAC 92.030. POSSESSION OF WOLF HYBRID PROHIBITED.

(a) It is unlawful, without a permit issued by the department, for a person to possess, transport, sell, advertise or otherwise offer for sale, purchase, or offer to purchase a wolf hybrid.

(b) It is an affirmative defense to a prosecution for illegal possession of a wolf hybrid under this section that

1. the person possessed the wolf hybrid as a pet before January 23, 2002;
2. by July 1, 2002, the wolf hybrid is
   1. registered with a national registry, approved by the department, by the implantation of a microchip; and
   2. properly spayed or neutered;
3. the owner of the wolf hybrid has current and accurate licensing, vaccination, including rabies vaccination, and spay/neuter records, and has made the records available for inspection by animal control officers and other enforcement officers;
4. beginning January 23, 2002, the wolf hybrid has not been transferred to any person, other than an immediate family member of the person who owned the wolf hybrid on January 23, 2002; and
5. if the wolf hybrid has bitten a person, the wolf hybrid is immediately surrendered to the local authorities for any action determined appropriate by the authorities.

(c) For purposes of this section,

1. “immediate family member” has the meaning given in AS 39.52.960;
2. “wolf hybrid” includes
   1. the offspring from a mating of a wolf or wolf hybrid with a dog or another wolf hybrid; and
   2. an animal represented to be a wolf or part wolf by any name or description.

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5 AAC 92.031. PERMIT FOR SELLING SKINS AND TROPHIES.

(a) A licensed taxidermist may sell an unclaimed, finished skin or trophy under a permit issued by the department after the finished skin or trophy has been held unclaimed for one year, and after the taxidermist sends notice of intent to sell, by registered mail at least 15 days before the sale, to the last known address of the person who ordered the taxidermy work.

(b) A court appointed or duly authorized estate executor, or a referee in a bankruptcy may sell a game skin or trophy in a bankruptcy or probate action if that person first obtains a permit from the department.

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5 AAC 92.033. PERMIT FOR SCIENTIFIC, EDUCATIONAL, PROPAGATIVE, OR PUBLIC SAFETY PURPOSES.

(a) Notwithstanding restrictions in 5 AAC 78 - 5 AAC 88, the department may issue a permit for the taking, possessing, importing, or exporting of game for scientific, educational, propagative, or public safety purposes.

The department may issue a permit for taking of big game for public safety purposes to an individual, including a state, municipal, or federal government official responsible for public safety, only as follows:

(1) the department shall evaluate all reported public safety problems involving big game brought to the department's attention, determine whether an actual threat to public safety is caused by a big game animal, and develop a list of all reasonable and practical solutions;

(2) if the department determines a threat to public safety can be resolved only by taking a big game animal under this section and no government official responsible for public safety is available, the department may issue a permit to a private individual;

(3) a permit that authorizes lethal taking of a big game animal issued to an individual other than a government official must be restricted to taking a specific, identified problem animal;

(4) a permit issued under this section must specify;

(A) name of the permittee and authorized subpermittees;
(B) the species of big game animal that may be taken;
(C) the type of taking that is authorized, such as hazing, aversive conditioning, live trapping, or lethal taking;
(D) methods and means that may be employed;
(E) duration of the permit;
(F) the location of permitted activities;
(G) disposition of game taken; and
(H) reporting requirements.

5 AAC 92.034. PERMIT TO TAKE GAME FOR CULTURAL PURPOSES.

The commissioner may issue a permit for the taking of game, including deer, moose, caribou, black bear, mountain goat, small game, and furbearers, and any migratory bird for which a federal permit has been issued, for the teaching and preservation of historic or traditional Alaskan cultural practices, knowledge, and values, only under the terms of a permit issued by the department upon application. A permit may not be issued if the taking of the game can be reasonably accommodated under existing regulations.

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5 AAC 92.035. PERMIT FOR TEMPORARY COMMERCIAL USE OF LIVE GAME.

(a) The department may issue a permit for the importation and possession of game for commercial purposes and for the export of that game. A permit issued under this section is subject to the following conditions:

1. no more than one permit may be issued to the same individual, to the same organization, or for the same animal during any 12-month period;
2. a permit may not be renewed or transferred, is valid for a maximum of 120 days, and may be extended only with the approval of the Board of Game;
3. a permit may be issued only for;
   1. a non-indigenous game species; or
   2. an animal that orginated outside the state and belongs to a species that is indigenous to this state;
4. the permittee shall ensure that each animal's owner, trainer, or permanent caretaker maintains personal custody and control over the animal while the animal is in Alaska;
5. the permittee must post a refundable surety deposit with the department in an amount determined by the commissioner; the minimum amount for a surety deposit is $500; the deposit is forfeited to the department if, for any reason, the animal has not been exported by the expiration date of the permit or any extension of the expiration date approved by the Board of Game; and
6. the department may impose additional conditions relating to application procedures, animal care and treatment, intrastate transport, medical testing, and reporting requirements.

(b) The department may not issue a permit under this section for an animal that originated in this state and belongs to a species that is indigenous to this state.

(c) In this section, “commercial purposes” means the use of imported game for a circus, for a traveling animal show, or for film production; “commercial purposes” does not include the display or exhibition of game for the primary purpose of drawing the public to a commercial business.

Editor's Note: A complete description of these permits, instructions for applicants, policy requirements, and application forms are available from the Division of Wildlife Conservation, P.O. Box 25526, Juneau, Alaska 99802-5526.

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5 AAC 92.037 PERMITS FOR FALCONRY.

(a) A permit jointly issued by the department and the United States Fish and Wildlife Service is required for taking, transporting, or possessing a raptor for falconry or for practicing falconry in this state. The permit will be issued under standards, procedures, and conditions set out in the Falconry Standards section of the Alaska Falconry Manual No. 6, dated March 1, 2002; that section of the falconry manual is hereby adopted by reference. Copies of the manual are available upon request from the department. In this section, "raptor" means any bird of the following species: northern goshawk (Accipiter gentilis), sharp-shinned hawk (Accipiter striatus), gyrfalcon (Falco rusticolus), American kestrel (Falco sparverius), merlin (Falco columbarius), red-tailed or Harlan's hawk (Buteo jamaicensis), golden eagle (Aquila chrysaetos), Peale's peregrine falcon (Falco peregrinus pealei), American peregrine falcon (Falco peregrinus anatum), arctic peregrine falcon (Falco peregrinus tundrius), great horned owl (Bubo virginianus), and hybrids of these species produced by raptor breeders. Only a bird defined in this section as a raptor may be taken, held, or possessed for falconry.

(b) Prior written approval of the commissioner is required before a raptor may be exported from or imported into Alaska, except as follows:

1. a raptor legally possessed by an Alaska falconer may be temporarily exported from Alaska for a period not to exceed 12 months;
2. an individual with a permit for falconry in another state or province may temporarily import a “raptor,” as defined in (a) of this section, and use it for falconry under terms of a temporary permit issued by the commissioner; an individual moving into Alaska may import a raptor under authority of a temporary permit, but must apply for an Alaska falconry permit within 30 days after the raptor arrives in Alaska;
3. a person may not permanently export a raptor taken from the wild in Alaska unless the person has legally possessed that raptor for at least one year.

(c) A falconer is liable for the actions of the raptor with respect to seasons, bag limits, and other applicable regulations. If a falconry bird takes game that may not be taken under established regulations, the falconer must leave the dead game where it lies, except that the raptor may feed upon the game before leaving the kill site.

(d) The commissioner may impose additional permit conditions as necessary.

(e) The following procedures and conditions apply to the application for and issuance of American peregrine falcon and arctic peregrine falcon capture permits (capture permits) and to the taking of American or arctic peregrine falcons for the practice of falconry:

1. an applicant, who must possess an Alaska master class falconry permit, shall submit a completed application on a form provided by the department;
2. a person may not submit more than one application nor receive more than one capture permit during a calendar year;
3. the total number of capture permits issued annually by the department will not exceed six, and the total number of capture permits issued annually by the department for the Sagavanirktok and Tanana Rivers will not exceed three for each area;
4. if the number of applications received by the department exceeds the number of capture permits available, the capture permits will be issued on a lottery basis, except that a capture permit will not be issued to a person who received a capture permit in the preceding calendar year until all applicants who did not receive a capture permit in the preceding calendar year are issued a capture permit;
5. for the Sagavanirktok and Tanana Rivers, a capture permit will be issued for each of the first three applications drawn under (4) of this subsection that specifies a preference for taking a peregrine falcon from one of those areas;
6. if a permit drawing is oversubscribed and a surplus capture permit becomes available, it will be issued as provided in (4) and (5) of this subsection;
7. a capture permit is nontransferable and an American or arctic peregrine falcon may be taken only by the person named on the capture permit;
8. a permittee
   1. shall notify the department's Fairbanks regional office at least five days before taking an American or arctic peregrine falcon and identify the intended area and time of take;
   2. shall, within five days after taking an American or arctic peregrine falcon, inform the department's Fairbanks regional office and the permittee's regional falconry representative of the date of taking, the location of the nest site, and the number of young in the nest;
   3. shall, within five days after taking an American or arctic peregrine falcon, inform the department's Fairbanks regional office of the location of all other American or arctic peregrine falcon nests visited, the number of young in each nest, and other information requested by the department; and
   4. shall, within five days after taking an American or arctic peregrine falcon, turn in to the permittee's regional falconry representative any leg band retrieved from a peregrine falcon removed from a nest.

Editor's Note: Contact Regional Division of Wildlife Conservation offices in Douglas, Anchorage, Fairbanks, or Nome for further information and application forms.

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(a) The Department may issue a permit to take fur bearers by trapping with the use of game meat, furnished by the state, as bait. Procedures under which a permit will be issued are contained in Standard Operating Procedure II-025-3 (Confiscated Equipment/Salvaged Animals or Parts - nonedible meat and fish; permitting procedures to take furbearers with game meat), revised as of January 21, 1994, and are adopted by reference.

(b) To be eligible for a permit, a person must either hold a trapping license issued by the department or be exempt from licensure under AS 16.05.400 .

(c) A person using game meat for bait under a permit issued under this section shall post a notice at the trap site indicating the permit number.

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5 AAC 92.041. PERMIT TO TAKE BEAVERS TO CONTROL DAMAGE TO PROPERTY.

No person may take a beaver to control damage to property or resources outside of the seasons and bag limits established in 5 AAC 84 without first obtaining a permit from the department, issued under the following conditions:

1. the commissioner or the commissioner's designee may limit the area, time period, method and means, and number of beavers to be taken;
2. a permit may only be issued at a time when, and for a place where, the commissioner has determined beavers are creating significant problems and that trapping otherwise authorized in 5 AAC 84 is unlikely to alleviate the problem;
3. a person taking a beaver under this section shall submit the skin for sealing in accordance with 5 AAC 92.170.

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5 AAC 92.043. PERMIT FOR CAPTURING WILD FURBEARERS FOR FUR FARMING.

The department may issue a permit for the capture, but not export, of an indigenous furbearer for fur farming. The department may limit the number, sex, and species of the animal to be taken, and the area from which the animal may be taken.

Editor's Note: Applications for permits under this paragraph should be sent to Division of Wildlife Conservation, P.O. Box 25526, Juneau, Alaska 99802-5526, and should specify number, sex, and species desired and number, sex, and species presently held. Permits are issued only for the purpose of genetic improvement of existing fur-farm stock.

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5 AAC 92.046. PERMITS FOR TAKING INCIDENTAL OR STRANDED MUSK OXEN.

The commissioner may open, by emergency order, a season for which the resident tag fee is waived and with a bag limit of up to 2 musk oxen per person by permit only in the areas and under the conditions specified below:

1. in Game Management Unit 24, state managed lands in the Anaktuvuk Pass area within 2 miles of the John River and Unit 26A;
2. statewide, if the musk oxen are stranded on sea ice or islands and the commissioner determines that the musk oxen have inadequate food and water resources for survival, or that they are doing severe damage to other resources of the island and that all reasonable effort has been made to remove them from the island or sea ice by non-lethal means.

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5 AAC 92.250. TRANSFER OF MUSKOXEN FOR SCIENTIFIC AND EDUCATIONAL PURPOSES.

A muskox may be loaned or donated to a public institution for scientific and educational purposes under terms approved by the commissioner and under guidelines approved by the board.

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5 AAC 93.050. GRANT OF BISON AND MUSKOXEN TO PRIVATE OWNERSHIP.

(a) The department, through the commissioner, will, in its discretion, determine whether a surplus exists in a herd of bison or muskoxen and that private ownership of bison or muskoxen is in the public interest.

(b) The commissioner will consult with the Board of Game before making a final decision regarding whether there are surplus bison or muskoxen in a herd. Unless otherwise recommended by the Board of Game, subsistence uses, recreational hunting, natural dispersal, transplanting animals to new, vacant habitat, and scientific or educational uses, are uses that have priority over allocation to private ownership. In this section, "surplus" means the number of animals that may be removed from a herd in a year while still

1. allowing for maintenance of the herd on a sustained yield basis;
2. accomplishing population objectives for that herd; and
3. ensuring that demands are met for other uses of the animals that are of a higher priority.

(c) If the commissioner determines under (b) of this section that a surplus of bison and muskoxen exists, the commissioner will provide legal notice to the public stating the number, sex, and location of the surplus animals and other pertinent information. The legal notice will include an invitation to all qualified applicants to apply for a grant of bison or muskoxen to private ownership.

(d) An applicant for surplus bison or muskoxen must meet the following qualifications:

1. the applicant must provide evidence to the commissioner demonstrating experience in raising large animals and must have facilities suitable for husbandry and for keeping the animals confined and under control.
2. the applicant must certify that the purpose of obtaining bison or muskoxen is for raising and breeding the animals as domestic stock for commercial purposes.

(e) If qualified applicants submit requests for more animals than have been declared surplus, the commissioner will either:

1. allocate the surplus animals equally among the qualified applicants so that no fewer than one male and one female animal will be allocated to each applicant, or
2. select one or more applicants by random drawing from the pool of qualified applicants.

(f) Upon selection of applicants, the commissioner will publish legal notice of that decision in at least one newspaper of general circulation in the state.

(g) The commissioner will issue to each successful applicant under this section a document granting title to the allocated animals and their offspring.

(h) A successful applicant shall pay a purchase price determined by the department for the animals granted; shall pay all costs of capturing, caring for, and transporting animals from the capture site to their destination; and shall reimburse the department for prorated costs of publishing legal notices.

(i) Animals granted under this section become private property and are considered domestic animals upon the issuance of a document granting title.

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5 AAC 92.053. PERMIT TO TAKE MOOSE FOR NUCHALAWOYYA POTLATCH.

The taking of up to three moose per regulatory year is allowed for the celebration known as the Nuchalawoyya Potlatch, under the terms of subsistence permits issued by the department upon application. Permittees shall report to the department, Division of Wildlife Conservation, Fairbanks, Alaska, within three days after the taking of each moose, the sex of the moose taken, and the location of the taking.

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5 AAC 92.055. STICKDANCE PERMIT.

The taking of up to three moose per regulatory year is allowed for the ceremony known as Stickdance only under terms of a permit issued by the department upon application.

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5 AAC 92.072. COMMUNITY SUBSISTENCE HARVEST HUNT AREA AND PERMIT CONDITIONS.

(a) The commissioner or the commissioner's designee may, under this section and 5 AAC 92.052, issue community-based subsistence harvest permit and harvest reports for big game species where the board has established a community harvest hunt area under (b) of this section and 5 AAC 92.074.

(b) The board will consider proposals to establish community harvest hunt areas during regularly scheduled meetings to consider seasons and bag limits for affected species in a hunt area. Information considered by the board in evaluating the proposed action will include:

1. a geographic description of the hunt area;
2. the sustainable harvest and current subsistence regulations and findings for the big game population to be harvested;
3. a custom of community-based harvest and sharing of the wildlife resources harvested in the hunt area; and
4. other characteristics of harvest practices in the hunt area, including characteristics of the customary and traditional pattern of use found under 5 AAC 99.010(b).

(c) Where the board has established a community harvest hunt area for a big game population, residents may elect to participate in a community harvest permit hunt in accordance with the following conditions:

1. a hunt administrator representing a group of residents may apply to the department for a community harvest permit by identifying the community harvest hunt area and the species to be hunted, and by requesting community harvest reports for the total number of individuals who have subscribed to the community harvest permit; the hunt administrator:
   1. must record and maintain a record of the names of residents subscribing to the community harvest permit and the residents hunting license number, permanent hunting identification card number, or birth date for residents under the age of 16;
   2. must issue harvest reports to hunters who have subscribed to the community harvest permit, but may not issue more individual harvest reports than the sum of the individual bag limits number of the residents who have subscribed to the permit;
   3. must request additional harvest reports for a community harvest permit from the department during a hunting season if additional people subscribe to the hunt following the original application;
   4. must collect validated harvest reports from hunters following the take of individual game animals, record harvest information for individual animals taken, and collect biological samples or other information as required by the department for management;
   5. must provide the department with harvest information within a specified period of time when requested, and a final report of all game taken under the community harvest permit within 15 days of the close of the hunting season; and
2. a resident who elects to subscribe to a community harvest permit:
   1. may not hold a harvest ticket or other state hunt permit for the same species where the bag limit is the same or for fewer animals during the same regulatory year, however a person may hold harvest tickets or permits for same-species hunts in areas with a larger bag limit following the close of the season for the community harvest permit;
   2. may not subscribe to more than one community harvest permit for a species during a regulatory year;
   3. must have in possession when hunting and taking game a community harvest report issued by the hunt administrator for each animal taken;
   4. must validate a community harvest report immediately upon taking an animal; and
   5. must report harvest and surrender validated harvest reports to the hunt administrator within 5 days, or sooner if required by the department, of taking an animal and transporting it to the place of final processing for preparation for human use and provide the hunt administrator with information and biological samples required under terms of the permit.

(d) Seasons for community harvest permits will be the same as those established for other subsistence harvests for that species in the geographic area included in a community harvest hunt area. The total bag limit for a community harvest permit will be equal to the sum of the individual bag limits established for other subsistence harvests for that species in the hunt area. Seasons and bag limits may vary within a hunt area according to established subsistence regulations for different game management units or other geographic delineations in a hunt area.

(e) Establishment of a community harvest hunt area will not constrain nonsubscribing residents from participating in subsistence harvest activities for a species in that hunt area using individual harvest tickets or other state permits authorized by regulation, nor will it require any resident eligible to hunt under existing subsistence regulations to subscribe to a community harvest permit.

(f) The department may disapprove an application for a community subsistence harvest permit from a hunt administrator who has previously failed to comply with requirements in (c)(1) of this subsection.

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5 AAC 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.

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5 AAC 92.064. PERMIT FOR ACCESS TO THE STAN PRICE STATE WILDLIFE SANCTUARY.

(a) A permit is required for access to the Stan Price State Wildlife Sanctuary. The department may issue a nontransferable permit to an individual who applies and pays the application and permit fees if required by the department by regulation.

(b) The department may issue an unlimited number of permits; however, from July 10 through August 25, the department may limit the number of people entering the sanctuary.

(c) Each permittee shall abide by rules established by the department and set out in the permit. The rules must be reasonably necessary to ensure a quality experience for visitors and to preserve the natural habitat and fish and wildlife of the sanctuary. Violation of the rules is a misdemeanor and may result in revocation of the permit.

(d) Rules established by the department under (c) of this section shall include the following:

1. visitor access, location of trails and camping areas, and closed areas;
2. hunting, fishing, trapping, and discharge of firearms;
3. possession of food and beverages;
4. removal of garbage and personal items;
5. visiting hour restrictions;
6. commercial permit restrictions;
7. additional restrictions when necessary to accommodate large groups of visitors.

(e) Visitor access is on a first-come, first-served basis. Visits by commercially guided groups are in accordance with permit rules established by the department and set out in the permit.

(f) The department may allocate any number of permits it considers necessary or advisable to persons applying for a permit on an individual basis in person in Juneau.

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5 AAC 93.037. FEES FOR STAN PRICE STATE WILDLIFE SANCTUARY ACCESS PERMITS.

(a) Fees for permits issued by the department under 5 AAC 92.064 for access to Stan Price State Wildlife Sanctuary (Pack Creek) are as follows:

(1) for a day use permit for the periods June 1-July 9 and August 26-September 10, the fee is $10 per person per day;

(2) for a day use permit for the period July 10-August 25, the fee is $25 per person per day;

(3) for a day use permit for persons under 16 years of age and over 61 years of age the fee is one half of the fee set out in (1) or (2) of this subsection.

(b) There is no access fee for a scientific or educational permit.

(c) There is no access fee for a commercial outfitter/guide permitted to operate at Pack Creek.

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5 AAC 92.065. PERMIT FOR ACCESS TO MCNEIL RIVER STATE GAME SANCTUARY.

(a) A permit is required for access to McNeil River State Game Sanctuary except that no permit is required for access to McNeil Spit or other land or water below mean high tide seaward of a line from an ADF&G regulatory marker on the north side of the mouth of McNeil River to an ADF&G regulatory marker at the campground on the eastern shore of McNeil Cove, or for access to other tidelands of the sanctuary when open to commercial fishing by emergency order. The department may issue a single nontransferable permit to each individual who pays the application and permit fees, and qualifies under the permit application procedures established by the department in 5 AAC 93.030. The department may deny a permit described in (b)(4) of this section if the applicant does not qualify under the criteria established by the department under that paragraph.

(b) For the period June 7 - August 25, no more than 35 percent of the total available viewing or standby permits may be awarded to nonresidents and nonresident aliens, provided the number of residents applying for viewing and standby permits is sufficient to use 65 percent of available permits. If the number of residents applying for viewing and standby permits is insufficient to award 65 percent, the remainder may be awarded to nonresidents or nonresident aliens. The department may limit the number of persons allowed into the sanctuary for bear viewing purposes to up to 13 each day, and condition permits for access as follows:

1. the department may allow up to 15 permittees to overnight in a camping area designated in the permit; no permittee may remain in a designated camping area for more than six days;
2. the department shall establish four-day bear viewing periods and may issue up to 10 bear viewing permits for each four-day bear viewing period through an annual lottery drawing; individuals holding such a permit will have access to a bear viewing area each day of the four-day bear viewing period covered by the permit, and may be in the sanctuary for a total of six days under the permit; after the bear viewing period set by the permit has expired, the permittee shall remain in the vicinity of the camping area designated in the permit until departing the sanctuary;
3. the department may issue a standby permit by lottery drawing to a person not holding a bear-viewing permit issued under (2) of this subsection; a maximum of three standby permits may be issued for any day; standby permit holders are guaranteed access to the sanctuary for a four-day period, but will be able to visit a bear viewing area only if there is a vacancy resulting from a bear viewing permit holder not going to the bear viewing area; if fewer than 10 bear viewing permit holders are available to visit a bear viewing area on a given day, the department designee may fill any such vacancies with standby permit holders; a standby permit holder not authorized under this paragraph to visit a bear viewing area shall remain in the immediate vicinity of the camping area, designated in the permit, or the beach, as directed by department staff;
4. the department may reserve up to 15 bear viewing permits for educational, scientific, or other purposes consistent with AS 16.20.162; a permit under this subsection may be issued for longer than four days, but not more than three such permits may be issued for any four-day time period; the commissioner may establish criteria consistent with AS 16.20.162 for issuing, denying, and revoking permits issued under this paragraph;
5. an individual who is a successful applicant is ineligible to win a permit for the following year.

(c) The department may issue an access permit to a guide, air taxi operator, or lodge owner for access to areas of the McNeil River Game Sanctuary designated open to access by the department; an individual transported to the sanctuary by a guide, air taxi operator, or lodge owner who has a permit under this paragraph is not required to obtain an access permit; a person issued a permit under this subsection shall submit an annual report to the department, on a form provided by the department, by October 30 of the year in which the permit was issued.

(d) A person entering the sanctuary from June 7 through August 25 shall abide by the following rules set to minimize bear-human conflicts; as provided in AS 16.05.025, violation of these rules is a class A misdemeanor and may be a basis for immediate expulsion from the sanctuary:

1. all activities not directly supervised by a department representative must be confined to McNeil Spit, land or water below mean high tide seaward of the line described in (a) of this section, rivers designated in the permit, or a camping area designated on the permit;
2. camping is allowed only in a camping area designated in the permit;
3. all food storage and preparation must be confined to the cooking building in a camping area designated in the permit, to a vessel, or to another site or sites designated in the permit;
4. all garbage and trash must be removed from the sanctuary or placed in garbage cans provided by the department;
5. pets are not allowed in the sanctuary;
6. open fires are restricted to the gravel beach below the mean high tide mark, or an approved site;
7. fish taken in the McNeil Lagoon may be transported into a camping area designated on the permit, for immediate consumption only; all inedible remains of such fish shall be disposed of below the low tide line.

(e) Upon request from a peace officer of the state, a permittee shall present his or her permit and personal identification for inspection.

(f) The department may issue a sanctuary access permit for a purpose other than participating in the sanctuary bear viewing program. A person issued a permit under this subsection shall abide by the rules in (d) of this section. The commissioner may establish criteria consistent with AS 16.20.162 for issuing, denying, and revoking permits issued under this subsection.

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5 AAC 93.030. PERMIT APPLICATION PROCEDURES AND FEES FOR MCNEIL RIVER STATE GAME SANCTUARY ACCESS PERMITS.

The department will issue permits for access to McNeil River State Game Sanctuary as provided in 5 AAC 92.065 as follows:

1. for the period June 7 - August 25, the department will issue to an individual a reserved nontransferable bear viewing or standby permit (5 AAC 92.065(b)) under the following conditions:
   1. each application for a bear viewing or standby permit, other than a scientific/educational bear viewing permit, must be accompanied by a nonrefundable application fee of $20 for each name on the application; the application and fee must be received in the department's Anchorage office by March 1;
   2. an application that is incomplete or illegible or is not accompanied by complete application fees, if required, is void;
   3. not more than three individuals may apply as a group on one application for a bear viewing or standby permit; no individual may be named on more than one application, and multiple applications are all void;
   4. the department will hold the lottery drawing on March 15 and will notify successful applicants by mail;
   5. after being selected for a bear viewing or standby permit, other than a scientific/educational bear viewing permit, an individual must pay the use fee before the permit will be issued; the use fee for a bear viewing permit is $100 for an Alaska resident, and $250 for a nonresident; the use fee for a standby permit is $50 for an Alaska resident and $125 for a nonresident;
   6. a permittee may return a bear viewing or standby permit before May 15 for a refund of the use fee; the department will not refund any money for a returned permit received after May 15.
2. at any time during a year, the department will issue a permit for access to the sanctuary other than a permit described in (1), (3), or (4) of this section; a permit application must specify the location, time, and nature of activities to be conducted by the applicant in the sanctuary; the application fee for an access permit under this paragraph is $25; there is no use fee for this permit;
3. there is no application fee for an access permit under 5 AAC 92.065(c) for a guide, air taxi operator, or lodge owner; the use fee for this permit is $100;
4. there is no application fee or use fee for a scientific/educational permit.

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5 AAC 92.066. PERMIT FOR ACCESS TO WALRUS ISLANDS STATE GAME SANCTUARY.

A permit is required for access to Round Island and adjacent waters within three miles of Round Island in the Walrus Islands State Game Sanctuary (Bristol Bay - Unit 17); permits will be issued as follows:

1. an application for a permit must be submitted to the Alaska Department of Fish and Game, Division of Wildlife Conservation, P.O. Box 1030, Dillingham, Alaska 99576;
2. a wildlife viewing permit may be issued to an individual for a specified period of time during the period from May 1 - September 1 only; under this permit a person entering the sanctuary shall abide by the following rules established to preserve the natural habitat, flora and fauna of the sanctuary; as provided in AS 16.05.925, a violation of these rules is a misdemeanor and may be a basis for immediate expulsion from the sanctuary:
   1. camping is allowed only in the designated camping area;
   2. visitors shall remove all personal gear and garbage upon departure from the sanctuary;
   3. pets are prohibited on Round Island;
   4. discharge of firearms, disturbance or harassment of wildlife, swimming, and recreational diving are all prohibited on Round Island and in adjacent waters within three miles of Round Island;
   5. unless authorized in writing by sanctuary staff, access to all beaches and adjacent waters is prohibited except during arrival and departure at Boat Cove; authorization for beach and water access may be granted for scientific or educational activities, and that access requires the presence of sanctuary staff;
   6. all aircraft access to Round Island is prohibited except with permission of the area wildlife biologist, or the biologist's designee, in Dillingham; access to Round Island is allowed only through an access corridor designated by the department; helicopter landings are restricted to the area directly behind the cabin; seaplane landings must be made at least 1/2 mile offshore within the access corridor;
   7. upon request by an employee of the department, a permittee shall present his or her permit and personal identification for inspection; and
   8. a permit becomes invalid if the permittee fails to contact Round Island staff or the Dillingham wildlife conservation area office before 9:00 a.m. on the morning of the permittee's scheduled arrival at Round Island;
3. visitor access to Round Island for wildlife viewing is allowed by permit issued on a first-come, first-served basis; not more than 30 permittees may be permitted to visit Round Island each day, nor may more than 15 be permitted to remain overnight; 10 of the 15 permits available for an overnight period may be issued up to six months in advance; the remaining five may not be issued more than 30 days in advance; at the discretion of the department, up to three of the 15 individual overnight permits may be issued at any time for scientific or educational purposes;
4. an access permit for hunting may be issued under conditions specified by the department on a case-by-case basis, subject to application procedures and rules set out in (1) and (2) of this section, to hunting parties for the period October 1 through October 31 only.

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5 AAC 93.035. FEES FOR WALRUS ISLANDS STATE GAME SANCTUARY ACCESS PERMITS.

(a) Fees for permits issued by the department under 5 AAC 92.066 for access to Round Island and adjacent waters in the Walrus Islands State Game Sanctuary are as follows:

1. for a camping permit, each application must be accompanied by a fee of $50 per person;
2. for a day-use permit, the fee is $10 per person per day.

(b) Scientific/education permits are issued free of charge.

(c) The department will refund to an unsuccessful camping permit applicant the fee submitted under (a)(1) of this section.

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5 AAC 92.230. FEEDING OF GAME.

A person may not intentionally feed a moose (except under terms of a permit issued by the department), bear, wolf, coyote, fox, or wolverine, or negligently leave human food, pet food, or garbage in a manner that attracts these animals. However, this prohibition does not apply to use of bait for trapping fur bearers or hunting black bears under 5 AAC 84 - 5 AAC 92.

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5 AAC 93.010. SHOOTING RANGE FEES.

(a) The department will charge a fee for the use of a state-owned shooting facility as described in this section.

(b) Rabbit Creek Rifle Range: The department will charge a fee for the use of the shooting facility, including archery, at the Rabbit Creek Rifle Range, Mile 10, Seward Highway as follows:

1. for the general public, except as provided in (2) - (4) of this subsection, the fee for the use of the facility is
   1. $7 per day per person;
   2. $50 per person for a non-transferable annual pass; or
   3. $40 for a seven-day punch card pass;
2. for a person under 16 years of age, unless the person is a student in a class described in (4) of this subsection, the fee is $3 per day per person;
3. for a person 60 years of age or older, the fee is $3 per day per person;
4. for a department approved hunter safety or hunter education class, the fee for the use of the facility is $5 per student per class for only the time that each student is participating in that class; use of the range before or after the class requires the payment of the applicable fee established in (1) - (3) of this subsection;
5. the fees established in (1) - (3) of this subsection do not apply to
   1. an instructor participating in a hunter safety, marksmanship, or firearm safety training program approved by the department;
   2. an employee of the Department of Fish and Game or the Department of Public Safety while on duty for a state authorized firearm training or firearm testing activity.

(c) Fairbanks Hunter Education Indoor Shooting Range: The department will charge a fee for the use of the department's Hunter Education Indoor Shooting Range in Fairbanks as follows:

1. for the general public and an organized group, except those specified in (2) - (4) of this subsection, the fee for use of the live-fire range is $12 per shooting lane per hour or $70 for a seven-hour punch card pass;
2. for a hunter education partner that is not a youth shooting organization, the fee during scheduled organized activities for use of
   1. the live-fire range is $6 per shooting lane per hour;
   2. an 18-student classroom is $5 per hour;
   3. the 36-student classroom is $10 per hour; and
   4. the electronic range is $10 per hour;
3. for a hunter education partner that is a youth shooting organization, the fee during scheduled organized activities for use of
   1. the live-fire range is $5 per hour;
   2. an 18-student classroom is $2 per hour;
   3. the 36-student classroom is $4 per hour; and
   4. the electronic shooting range is $3 per hour;
4. for a department administered hunter education class, the fee for use of the facility is $10 per student per class;
5. the fees established in this subsection do not apply to
   1. an instructor participating in a department administered hunter education class; or
   2. an employee of the Department of Fish and Game while on duty for a state authorized activity.

(d) The department will, in its discretion, sell or rent shooting accessories, including targets and ear and eye protectors, at a state-owned shooting facility under this section. If the department sells or rents shooting accessories, it will charge a reasonable price.

(e) For the purpose of this section, a “hunter education partner” is an organization or instructor who has entered into an agreement with the department to incorporate components of the department's hunter education curriculum into the instructor's or organization's program.

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5 AAC 93.080. CONDITIONS AND PROCEDURES FOR RAFFLES AND AUCTIONS OF BIG GAME HARVEST PERMITS

(a) To the extent consistent with management, protection, maintenance, or extension of state game resources, the department will, in its discretion, issue big game harvest permits as described in AS 16.05.343.

(b) An organization shall submit a written proposal for a big game harvest permit to the department and describe the organization's qualifications as required by AS 16.05.343 . The written proposal must be submitted at least 30 days before the scheduled auction or raffle and must also include the following:

1. date, time, and place of the auction or raffle;
2. type of function at which the harvest permit will be auctioned or raffled;
3. estimated attendance or participation;
4. proposed advertising and marketing strategy;
5. an explanation of any other services to be provided by the organization in addition to the authorized big game harvest permit; and
6. for proposals for a harvest permit under AS 16.05.343(c), an estimate of administrative costs and percentage of net proceeds, if any, to be retained by the qualified organization.

(c) Before the department will issue a big game harvest permit under AS 16.05.343 and this section, the department and the organization will enter into a memorandum of understanding that includes provisions for an accounting by the organization for the use of proceeds derived from the raffle or auction of the permit.

(d) If a big game harvest permit is auctioned or raffled, the qualified organization receiving a harvest permit under AS 16.05.343(c) shall submit the full amount of the bid, less approved administrative costs and percentage of net proceeds, and the name of the successful bidder to the department no later than 12:00 noon on the 30th day following the auction or raffle. If the qualified organization fails to comply with this subsection, the department will invalidate the big game harvest permit.

(e) A big game harvest permit issued under AS 16.05.343 and this section may be used only for hunts in areas during an open season for nonresidents.

(f) For a big game harvest permit issued under AS 16.05.343(c), a complimentary hunting license and big game tag will be provided under AS 16.05.335, or by the department.

(g) No more than a total of three big game harvest permits, which may include no more than one harvest permit for each species, will be issued to any one organization annually.

(h) If the number of proposals received from organizations exceeds the total number of harvest permits allowed under AS 16.05.343 , the director of the division of wildlife conservation shall evaluate the proposals to determine which organizations best satisfy the intent and purpose of AS 16.05.343.

(i) The department will, in its discretion, deny a proposal received for a big game harvest permit if the department determines that an organization's proposal does not satisfy the intents and purposes of AS 16.05.020 or AS 16.05.343.

(j) If a big game harvest permit, authorized under AS 16.05.343(c), is not issued, the department will, in its discretion, sell the harvest permit by sealed bid.

Editor's Notes: Proposals for big game harvest permits should be sent to the Alaska Department of Fish and Game, Attn: Director, Division of Wildlife Conservation, P.O. Box 25526, Juneau, AK 99802-5526.

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5 AAC 92.047. PERMIT FOR USING RADIO TELEMETRY EQUIPMENT.

(a) A person may not use radio telemetry equipment to pursue game without first obtaining a permit from the department, unless that person is an authorized employee or agent of

1. the department; or
2. a federal conservation agency with a current memorandum of understanding or cooperative agreement with the department.

(b) At the time of application, a permit applicant must provide the department with the following:

1. the species and number of game to be pursued using radio telemetry equipment;
2. the geographic area where the radio telemetry pursuit will be conducted;
3. the time frame when radio telemetry pursuit of game will be conducted, including planned dates and frequency of field operations; and
4. the names of all persons who will pursue game under the permit.

(c) A permit issued under this section must include reasonable conditions and protocols to ensure that

1. game being pursued is not unduly harassed resulting in behavioral or energetic changes affecting individual viability or utility for research; and
2. telemetry and survey operations conducted on game by the department or other government agencies will not be impeded by the permittee's activities.

(d) A permit issued under this section must include at least the following conditions:

1. a designation of the permitted geographic area for operations;
2. a designation of the flight altitudes for aircraft operations necessary to ensure that the conditions specified in (c) of this section are met;
3. standards for radio communications between the permittee and department;
4. standards for motorized vehicles to ensure that the conditions specified in (c) of this section are met;
5. reporting plans to conduct radio telemetry operations for the pursuit of game to designated department staff;
6. requirements that operations must be conducted so that game being pursued does not respond to the permittee's activities by taking evasive action; and
7. temporal or frequency restrictions to minimize potential for energetic or behavioral responses by game being pursued.

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5 AAC 93.040. RADIO TELEMETRY FREQUENCIES.

Each radio telemetry frequency used by the department for a telemetry study of game is confidential. Neither the commissioner nor any other department employee will release a frequency except:

(1) to a governmental agency doing a wildlife study approved by the commissioner; or

(2) to another state agency if the commissioner finds that the agency has a legitimate need to know the frequency.

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5 AAC 93.070. WILDLIFE STOCKING.

For the purposes of stocking land under AS 16.05.020 and AS 16.25.010, the division of wildlife conservation's Wildlife Transplant Policy dated July 7, 1995 is adopted by reference. The division's transplant policy sets out the division's policy statement and includes transplant evaluation criteria, procedures for transplant proposals, and transplant guidelines.

Editor's note: Copies of the Wildlife Transplant Policy may be obtained by writing to the Department of Fish and Game, Division of Wildlife Conservation, PO Box 25526, Juneau, Alaska 99802-5526.

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5 AAC 93.020. ENDANGERED SPECIES.

The following species are endangered in Alaska:

Eskimo curlew	Numenius borealis
Short-tailed albatross	Diomedea albatrus
Humpback whale	Megaptera novaeangliae
Right whale	Eubalaena glacialis
Blue whale	Balaenoptera musculus

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