(a)
Plans
established. Intensive management plans for the following areas are
established in this section:
(1) Unit 15(A)
Predation Control Area;
(2) Unit
15(C) Predation Control Area.
(b)
Unit 15(A) Predation Control
Area. Notwithstanding any other provisions in this title, and based on
the following information contained in this subsection, the commissioner or the
commissioner's designee may conduct a wolf population reduction or wolf
population regulation program in Unit 15(A):
(1) the Unit 15(A) Predation Control Area is
established and consists of all lands within Unit 15(A) (1,314 square miles);
non-federal lands identified for intensive management are approximately 83
square miles;
(2) the intensive
management population and harvest objectives for moose in Unit 15(A) are 3,000
- 3,500 and 180 - 350 moose, respectively; the sustained yield of moose is
currently below objectives; the goal is to reduce calf and adult mortality for
reallocation of moose from wolves to harvest; a November 2011 survey estimated
60 - 62 wolves in Unit 15(A); wolf control objectives are to remove wolves from
the population through trapping, hunting, and wolf control activities and
retain at least 15 wolves in Unit 15(A); wolf surveys will be conducted as
necessary to ensure that the population contains at least 15 wolves;
(3) the discussion of wildlife populations
and human use information is as follows:
(A)
the moose population and harvest information in Unit 15(A) is as follows:
(i) the moose population size in 2008 was
estimated at 2,088 moose (95 percent confidence interval=264); the moose
population is below intensive management objectives;
(ii) the average yearly harvest during the
past decade (2001 - 2010) has been 140 moose; this is a lower harvest compared
to the previous decade (1991 - 2000) where the average yearly harvest was 194
moose; the entire area is a nonsubsistence use area so there is no amount
reasonably necessary for subsistence uses established under
5
AAC 99.025 (8) for Unit
15(A);
(B) declining
habitat quality is the main limiting factor affecting low moose densities in
Unit 15(A); there has not been a fire of significant size in the unit for over
40 years; studies from 1987 - 1992 showed 96 percent of cows aged 2 - 15 were
pregnant whereas 73 percent of cows in the same age group were pregnant in
2006; twinning rates calculated in 1983 in an area that burned in 1969 showed a
72 percent twinning rate whereas twinning rates calculated in the unit for 2011
were at 16 percent; the moose population appeared to be at or above carrying
capacity in the early 1990s and declined at a rate of nine percent per year
during the 1990s; research on calf mortality in the late 1970s in the unit
showed 48 percent of calves dying from predation, six percent was caused by
wolves, six percent was caused by brown bears, 34 percent was caused by black
bears, and two percent by undetermined predation from wolves or bears before
July 15th; while habitat is limiting, wolf predation has been shown to limit
calf and adult moose survival in the unit; predation rates by these three
primary predators may have changed due to changes in prey availability;
however, all three predator species are still relatively abundant in the unit;
over the last decade highway vehicle collisions (41 percent cows, 51 percent
calves, average 85 per year) represented approximately 38 percent of human
caused mortality of moose in the unit;
(C) with limited habitat this action is not
intended to make significant progress toward the intensive management
population objective, rather reducing predation will allow for possible
reallocation of moose from predators to harvest; the program will initially
focus on wolves due to potential effectiveness of aerial wolf control;
additional black bear take will be considered if additional improvements in
calf survival and recruitment are needed to meet harvest objectives;
(D) the wolf harvest over the past decade in
Unit 15(A) has ranged between 4 - 16 wolves taken each year with a mean of 11
wolves; the pre-winter wolf population was estimated at 60 - 62 wolves in
November 2011; the harvest has been inadequate to reduce wolf numbers
considering yearly growth; assuming a pre-winter population of 60 - 62 wolves,
the wolf harvest would likely need to be 45 - 47 wolves from all methods
including trapping, hunting, and wolf control, to reduce the wolf population
and result in a reduction in predation rates on moose; the hunting season and
bag limit for wolves has remained unchanged since 1989 but the bag limit on the
Kenai National Wildlife Refuge, which was limited to two wolves per year on the
refuge, was liberalized to five wolves per year in 2011; the trapping season
and bag limits have been the same since 1997; additional active management
methods are necessary to reduce the wolf population;
(E) approximately 79 percent of Unit 15(A) is
federal land, 18 percent is private land, and three percent is state and
borough land; wolf control will be initiated pending authorization by land
managers and owners;
(4)
The board requests that the commissioner work cooperatively with the Department
of Natural Resources and area landowners, and especially the United States Fish
and Wildlife Service, to achieve habitat improvement through burning, timber
harvest, and other recognized and prudent active management
techniques;
(5) the authorized
methods and means used to take wolves include hunting and trapping of wolves by
the public in Unit 15(A) during the term of the management program as provided
in the hunting and trapping regulations; the commissioner may use department
employed or contracted wolf trappers, operating during the established wolf
trapping season and using legal trapping techniques, issue public aerial
shooting permits, public land and shoot permits, allow agents of the state, or
department employees to conduct aerial, land and shoot, or ground-based
shooting as a method of wolf removal under
AS
16.05.783, including the use of any type of
aircraft; prey harvest may include bull-only harvests with variable
combinations of antler restrictions, any-bull hunts, and antlerless harvest;
factors described in (3) of this subsection and other considerations unique to
the situation indicate that aerial shooting of wolves by department employees
is the desired option to reduce predation in the management area described in
(1) of this subsection to a level sufficient to improve survival of moose and
the potential for population growth;
(6) the anticipated time frame, schedule for
update and reevaluation and conditions for termination of the plan are as
follows:
(A) this plan is in effect for
approximately five years from March 24, 2012 through June 30, 2017 unless
renewed;
(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 and wolf populations, and
recommendations for changes, if necessary to achieve the objectives of the
plan;
(C) predator control
activities shall be terminated;
(i) when the
upper levels of intensive management objectives for the moose population size
and harvest are exceeded; or
(ii)
upon expiration of the period during which the commissioner is authorized to
reduce predator numbers in the predator control plan area;
(7) the program will be suspended
if one of the following conditions are met:
(A) if there is no detectable increase in
calf-to-cow ratios after three years of predation control, indicating that
there is no significant improvement in calf survival;
(B) if, after three years, any measure
consistent with significant levels of nutritional stress are
identified;
(C) annually, if the
wolf population falls below 15 wolves at any time estimated from one or more of
the following techniques:
(v) pilot and trapper interviews;
(D) the commissioner shall
annually close wolf hunting and trapping seasons as appropriate to ensure that
the minimum wolf population objectives are met.
(c)
Unit 15(C) Predation Control
Area. The Unit 15(C) Predation Control Area is established and consists
of all lands within Unit 15(C) north of Kachemak Bay including the Fox River
Flats (1,171 square miles); state and private lands are approximately 856
square miles;
(1) this is a continuing
habitat enhancement and predator control program that was first established by
the Board of Game (board) in 2012 for wolf control; it is designed to increase
moose population and harvest by improving moose habitat and reducing predation
on moose by wolves and is expected to maintain the intensive management (IM)
objectives in Unit 15(C);
(2) moose
and wolf objectives are as follows:
(A) moose
IM population objectives for Unit 15(C) as established in
5
AAC 92.108 are 2,500 - 3,500 moose. This objective is
within the range of historic population estimates; the bull-to-cow objective is
20 - 25:100 for Unit 15(C);
(B) the
moose harvest objectives for Unit 15(C) is 200 - 350 moose; which is eight
percent of the low population objective and 10 percent of the high population
objective;
(C) the department has
determined that wolves can be removed from public and private lands within the
control area to the extent possible without affecting the sustainability of the
wolf population in Unit 15(C) because the control area is approximately 33
percent of Unit 15(C) and does not include all lands that the wolf population
occupies;
(3) findings
concerning populations and human use are as follows:
(A) moose harvests were below IM harvest
objectives in Unit 15(C) from 2011 to 2015;
(B) wolf predation is likely an important
cause of the failure to achieve these objectives;
(C) a reduction in wolf predation in Unit
15(C) may make progress toward achieving the Unit 15(C) IM harvest objectives
for moose;
(D) reducing wolf
predation has been effective utilizing recognized and prudent active management
techniques and based on scientific information;
(E) reducing wolf numbers is likely to be
effective given land ownership patterns if conducted by department
personnel;
(F) reducing wolf
predation is in the best interests of consumptive users;
(4) authorized methods and means are as
follows:
(A) hunting and trapping of wolves by
the public in the Unit 15(C) Predation Control Area during the term of the
program will occur as provided in the hunting and trapping regulations set out
elsewhere in this title, including the use of motorized vehicles;
(B) notwithstanding any other provisions in
this title, the commissioner may issue public aerial shooting permits or public
land and shoot permits as a method for wolf removal under
AS
16.05.783;
(C) department personnel will be allowed to
conduct aerial wolf removal using aircraft under
AS
16.05.783.
(5) time frame is as follows:
(A) through June 30, 2029, the commissioner
may authorize the removal of wolves in the Unit 15(C) Predation Control
Area;
(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 and wolf populations, and recommendations
for changes, if necessary to achieve the objectives of the plan.
(6) the commissioner will review,
modify, or suspend program activities as follows:
(A) when the mid-point of the IM population
and harvest objectives for the moose population are achieved;
(B) if, after three years, the harvest of
wolves is not sufficient to make progress towards the IM population objectives
for wolves;
(C) wolf predation
control activities may be suspended:
(i) if,
after three years, there is no detectable increase in the total harvest of
moose in the control area;
(ii) if,
after three years, any measure consistent with significant levels of
nutritional stress in the moose population is identified, such as twinning
rates and short-yearling mass;
(iii) when the moose population and harvest
objectives within Unit 15(C) have been met; or
(iv) if the population exceeds a density of
3.0 moose per square mile;
(7) to increase potential moose carrying
capacity, the department will plan and execute habitat enhancement projects in
areas identified for improvement based on evidence at the landscape or
population level through prescribed bums, wildfire, or mechanical
means.
As of Register 203 (October 2012), and acting under AS
44.62. 125(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(p) and (q) was relocated
to 5 AAC 92.118 without substantive change. The history note and authority
citation for 5 AAC 92.118 carry forward the history of, and authority for,
former 5 AAC
92.125.