Alaska Administrative Code
Title 5 - Fish and Game
Part 3 - Game
Chapter 92 - Statewide Provisions
Article 3 - Permits
5 AAC 92.050 - Required permit hunt conditions and procedures
Universal Citation: 5 AK Admin Code 92.050
Current through August 30, 2024
(a) The following conditions and procedures for permit issuance apply to each permit hunt:
(1) the applicant or the applicant's agent
shall complete the application form; two hunters may apply as a party in a
drawing permit hunt, and if drawn, both applicants will receive a permit; a
permits application that is incomplete, or that does not include, if required,
an Alaska big game hunting license number, or that contains a false statement,
is void; the applicant must obtain or apply for an Alaska big game hunting
license before submitting a drawing permits application; and
(A) to apply for a drawing permit hunt, for
any hunt that requires a registered or master guide, a nonresident or a
nonresident alien must contract a qualified registered guide or master guide as
their agent to submit the application and provide hunting services; the
contracting registered guide or master guide, shall provide, at the time of
application, their current unique verification code that has been issued to
them pursuant to
12 AAC 75.260(d);
(B) the requirement in
5 AAC 92.050(1)(A) does not apply if
the applicant is a nonresident and will be accompanied by a resident over 19
years of age who is a spouse or a relative within the second degree of kindred,
as described in
AS
16.05.407(a);
(2) except as provided in
5 AAC 92.061 and
5 AAC 92.069, a person may not
(A) apply for more than six drawing permit
hunts for the same species per regulatory year;
(B) repealed 7/1/2016;
(C) apply for more than one moose drawing
permit for a nonresident in Unit 23 per regulatory year; or
(D) hold more than one drawing permit for the
same species per regulatory year;
(3) the commissioner shall void all
applications by one person for more than six hunts for the same species, and
all applications by one person for more than one moose hunt for a nonresident
in Unit 23;
(4) permit issuance:
(A) the department shall issue registration
permits in the order applications are received, and drawing permits on a
lottery basis;
(B) a successful
applicant shall obtain the permit within the time specified by the department
in a notification;
(C) repealed
7/1/2007;
(D) the department will
issue Tier II subsistence hunting permits as provided in
5 AAC 92.062(b) and (c);
(E) the department may issue additional
drawing hunting permits or Tier II subsistence hunting permits for specific
hunts, in excess of the number established by other regulation, in order to
correct administrative error in processing permit applications that has
resulted in the denial of a permit to an applicant entitled to receive
one;
(F) an individual who is a
successful applicant for a specific drawing permit hunt is ineligible to apply
for a permit for that specific hunt the following year;
(G) an individual who is a successful
applicant for a Koyukuk Controlled Use Area moose drawing permit is ineligible
to apply for a Koyukuk Controlled Use Area moose drawing permit the following
year;
(H) a resident who is a
successful applicant for a bison drawing permit hunt is ineligible to apply for
another bison drawing permit for 10 years; a nonresident who is a successful
applicant for a bison drawing permit hunt is ineligible to apply for another
bison drawing permit;
(I) no more
than one Unit 13 Tier I subsistence permit for caribou may be issued per
household every regulatory year; the head of household, as defined in
5 AAC 92.071(b), and any member of the
household obtaining a Unit 13 Tier I subsistence permit in a regulatory year
for caribou may not hunt caribou or moose in any other location in the state
during that regulatory year;
(J) in
hunts where 10 or more drawing permits are awarded, and in a situation where
the final drawing permit is to be awarded and two applicants have applied as a
party, the department may issue an additional permit in excess of the number of
permits otherwise authorized by regulation, to allow both applicants of the
party to receive a permit;
(K) a
second mountain goat registration permit for the remainder of Unit 1(A) and the
remainder of Unit (B) may only be issued if the goat harvested with the first
registration permit was a billy harvested in the remainder of Unit 1 (A) or the
remainder of Unit (B); for a hunter who harvested the hunter's first goat in
the remainder of Unit 1(A) or the remainder of Unit (B) with a registration
permit, the pursuit of a second goat cannot occur in the hunt zone of the
original harvest; a resident hunter who wishes to pursue a second goat in the
remainder of Unit 1 (A) and the remainder of Unit (B) with a registration
permit may receive a second registration permit after presenting the harvest
record or sealing documents from their first harvest to the ADF&G office in
Ketchikan;
(L) in accordance with
(M) of this paragraph, the department may issue up to four resident
registration permits, with no more than one registration permit per person, for
the early season elk hunts in each of the following areas:
(i) in Unit 8, Eastern Afognak, that portion
of Afognak Island east of the main north-south logging road (1100 road) from
the Danger Bay logging camp at 58° 08.20' N. lat., 152° 32.98 W. long.,
north to its terminus at Discoverer Bay at 58° 19.6' N. lat., 152°
21.80' W. long., and adjacent islands west of Marmot Strait;
(ii) in the remainder of Unit 8 in
Ouzinkie;
(iii) in Unit 8, Eastern
Afognak, that portion of Afognak Island east of the main north-south logging
road (1100 road) from the Danger Bay logging camp at 58 ° 08.20' N. lat.,
152 ° 32.98 W. long., north to its terminus at Discoverer Bay at 58° 19
.6' N. lat., 152° 21.80' W. long., and adjacent islands west of Marmot
Strait; and
(iv) in the remainder of
Unit 8 in Port Lions;
(M)
for each resident registration permit issued by the department under (L) of
this paragraph, the department will reduce the number of drawing permits
available in the same area for the same early season elk hunt by
one;
(5) except as
provided in (6) of this subsection, a permit is nontransferable; however, the
department may reissue an invalidated Tier II subsistence hunting permit to the
highest-ranked applicant remaining in the original pool of eligible
applicants;
(6) the commissioner
may reissue or transfer a permit as follows:
(A) a permit may be transferred for
scientific purposes;
(B) a person
that is on active duty, National Guard or Reserves status in a branch of the
military under United States Department of Defense and who is under orders of a
state's governor or the President of the United States for deployment to a
combat zone for purpose of humanitarian aid, peace-keeping, increased security,
homeland defense, defense support of civil authority, or evacuation of United
States citizens, and that has been issued a
(i) drawing permit, and is prevented from
using the drawing permit due to being out of the state on active duty, may be
reissued the same drawing permit when the person returns to this state from
active duty under this subparagraph, under procedures set out in the applicable
permit hunt supplement;
(ii) Tier
II permit may transfer that Tier II permit only during the same regulatory year
to a substitute resident hunter while the person is out of the state on active
duty under this subparagraph, under procedures set out in the applicable permit
hunt supplement;
(C) upon
request. a permittee who did not hunt a black bear drawing permit in Units 1-3
or brown bear drawing permit in Units 4, 8, 10. and 22 for the regulatory year
ending June 30. 2020, may. at the discretion of the Commissioner. have the
permit transferred to regulatory year 2020 or regulator year 2021.
(D) drawing hunt permit may, upon request,
have the permit transferred to a qualified substitute in the event of the
original permit holder's death, as provided for in
AS
16.05.404 and
AS
16.05.420(c).
(7) immediately after killing a big game
animal for which a permit is required, the permittee, or his or her proxy under
5 AAC 92.011, shall
(A) if using a paper permit cancel the permit
by removing the permit day and month on which the kill was made, without
obliterating or destroying any other day and month printed on the
permit;
(B) if using an electronic
permit, cancel the permit, by electronic means as directed by the department,
lor the day and month on which the kill was made;
(8) a person who has been issued a permit, or
that person's proxy under
5 AAC 92.011, shall return the permit harvest report to
the department within the time period stated on the permit; in addition to
other penalties provided by law for failure to report harvest, and except as
provided in this paragraph and (c) of this section, if a permittee or the
permittee's proxy fails to provide the required report for a drawing permit,
registration permit, targeted permit, Tier I subsistence permit, or Tier II
subsistence permit, the permittee will be ineligible to be issued a drawing,
registration, targeted, Tier I subsistence, or Tier II subsistence permit
during the following regulatory year; notwithstanding the provisions of this
paragraph, the department may determine that, for specific hunts, it is
administratively impracticable, to apply the penalty for failure to
report;
(9) an applicant for a
certified bowhunters only permit hunt must successfully complete a
department-approved bowhunter education course before submitting a permit
application; an applicant who intends to apply for a methods and means
exemption permit to use a crossbow in an archery; only hunt must successfully
complete a department-approved crossbow hunter certification course before
submitting an application for a certified bowhunters only permit;
(10) an applicant for a certified
muzzleloader hunter only permit hunt must have successfully completed a
department-approved muzzleloader certification course before submitting a
permit application;
(11) an
applicant for a certified crossbow hunters only permit hunt must successfully
complete a department-approved crossbow hunter certification course before
submitting a permit application.
(b) The department may issue annually one bull bison permit for Unit 20(D) through a raffle or lottery conducted by a "qualified organization" as defined in AS 16.05.343. In addition to (a)(3) and (a)(5) - (a)(8) of this section, the following applies to the permittee:
(1) the permittee is not eligible for another
bison drawing permit in the same regulatory year;
(2) if the permittee is a nonresident, the
fee for the nonresident bison locking tag is to be paid from the proceeds of
the raffle or lottery;
(3) repealed
6/23/2022;
(c) A person aggrieved by a decision under (a)(8) of this section will be granted a hearing before the commissioner or the commissioner's designee, if the permittee makes a request for a hearing in writing to the commissioner within 60 days after the conclusion of the permit hunt for which the person failed to provide a report. The commissioner may determine that the penalty provided under (a)(8) of this section will not be applied if the permittee provides the information required on the report and if the commissioner determines that the failure to provide the report was the result of unavoidable circumstance, or that, in the case of subsistence permit, extreme hardship would result to the applicant.
(d) A permittee under this section must keep the permit in possession while hunting.
(e) In addition to (b) of this section, the following applies to permittees awarded permits under AS 16.05.343:
(1) the permittee is not eligible for another
drawing permit for the same species in the same regulatory year;
(2) game taken under this program count
against the bag limit for that species in that area during the current
regulatory year only, and are exempt from multi-year restrictions found in 5
AAC 85 and 5 AAC 92.
Authority: AS 16.05.255
AS 16.05.258
AS 16.05.330
AS 16.05.343
AS 16.05.404
AS 16.05.407
AS 16.05.420
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