Alaska Administrative Code
Title 5 - Fish and Game
Part 3 - Game
Chapter 92 - Statewide Provisions
Article 5 - Intensive Management and Predator Control
5 AAC 92.126 - Non-Intensive Management Predator Control Plans
Universal Citation: 5 AK Admin Code 92.126
Current through November 28, 2024
(a) Non-intensive management plans are established under this section in areas described in this section.
(b) Unit 26(B) Musk Oxen Recovery 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 selective, lethal, brown bear removal to allow recovery of the musk oxen population in Unit 26(B):
(1) the Unit 26(B) Musk Oxen Recovery Area is
established and consists of all lands within Unit 26(B); this recovery program
does not apply to any National Park Service or National Wildlife Refuge lands
unless approved by the federal agencies;
(2) musk oxen and brown bear objectives are
as follows:
(A) Unit 26(B) musk oxen are not
managed intensively for high levels of human harvest, but are managed to
provide hunting opportunities; the population objective is a minimum of 300
musk oxen that are one year old or older during April surveys; achieving this
objective will allow re-establishment of a hunting season and also enhance and
maintain viewing opportunity; the harvest objective is 3 - 9 musk oxen
annually, once the population reaches 300 musk oxen and a harvestable surplus
is available;
(B) the brown bear
population objective for Unit 26(B) is to maintain the current estimated
population of 200 - 320 bears, while annually removing up to 20 brown bears
identified as threatening or killing musk oxen; limiting the number of bears
that can be removed will assure that brown bears persist as part of the natural
ecosystem and will assure continued brown bear hunting and viewing
opportunities;
(3)
findings of the Board of Game (board) concerning populations and human use are
as follows:
(A) the Unit 26(B) musk oxen
population and harvest objectives have not been achieved, based on the
following:
(i) the musk oxen population size
was estimated at 190 musk oxen in April 2011; musk oxen numbers in Unit 26(B)
increased during 1990 - 1995 from 122 to 330 musk oxen; some of this increase
in population was the result of immigration from Unit 26(C); during the
mid-to-late 1990s, numbers stabilized at around 265 - 300 musk oxen through
2003; subsequently, the population declined to 216 musk oxen by 2006, and
during 2007 - 2011, the population in Unit 26(B) slightly declined and
stabilized at its current, reduced population size;
(ii) the hunting season for musk oxen in Unit
26(B) has been closed since regulatory year 2006 - 2007; the first hunting
season in Unit 26(B) was in 1990; during 1990 - 1997, all hunting was by Tier
II permit; in regulatory year 1998 - 1999, the board determined that the amount
necessary for subsistence was 20 musk oxen in Unit 26(A) and Unit 26(B), west
of the Dalton Highway Management Corridor and established a Tier II hunt; the
board also determined that the amount necessary for subsistence was four musk
oxen in Unit 26(B), east of the Dalton Highway Management Corridor and
established a Tier I registration hunt for residents only; a drawing permit
hunt was also established for residents only; three permits were issued
annually for bull musk oxen in Unit 26(B), east of the Dalton Highway, and the
harvest of up to five musk oxen were authorized by the board; beginning in
regulatory year 2005 - 2006, permits were not issued for the drawing and Tier I
registration hunts, east of the Dalton Highway in Unit 26(B); this was in
response to the sharp decline in musk oxen numbers following 2003; however, the
Tier II subsistence hunt west of the Dalton Highway remained open until
regulatory year 2006 - 2007, when no permits to hunt musk oxen were issued for
any of the hunts;
(B)
predation by brown bears was identified as a primary source of mortality on
musk oxen and is an important cause of the failure to achieve the population
and harvest objectives, based on the following:
(i) during 2007 - 2011, brown bear predation
was identified as the primary source of mortality; 62 percent of the documented
total adult musk oxen mortality (n =73) was attributed to
brown bear predation, which accounted for an average of nine adult musk oxen
deaths annually; during the same time period, 58 percent of documented calf
mortality (n =45) was caused by brown bear predation; this
resulted in an annual average of five calves known to be preyed on by brown
bears; over the five years, a total of 74 calves were classified as "missing";
their fates were unknown and not included in the above calculations;
(ii) during 2007 - 2011, the habitat appeared
capable of supporting a larger musk oxen population; captured musk oxen were
generally in good condition, and birth rates were sufficient to provide for
population growth, but growth was not realized because of poor survival;
concentrations of some trace nutrients in musk oxen body tissues were believed
to be suboptimal for survival; an imbalance of trace minerals, particularly low
copper and selenium with elevated concentrations of zinc and iron, can
negatively affect immune systems and make musk oxen more susceptible to
diseases and potentially more vulnerable to predation; thus, it is possible
that habitat limitations may have been obscured by high mortality due to
predation; controlling predation will help answer this question;
(C) reducing predation can
reasonably be expected to aid in achieving the objectives, based on the
following:
(i) during 2004 - 2011, the
population remained relatively stable at around 200 musk oxen; evidence
indicates that the number of yearlings being recruited annually approximately
equaled the number of adult musk oxen dying annually; if survival rates of
either adult musk oxen or calves increase, then the musk oxen population would
be expected to increase; reducing predation on adults and calves should change
survival rates of one or both; during 1987 - 1995, the annual rate of increase
for the entire population was seven percent; this time period should be
representative of what population growth rate Unit 26(B) musk oxen could
experience if bear predation is reduced and habitat is not limiting; therefore,
in a best case scenario, it would take approximately seven years for the musk
oxen population to reach 300 musk oxen;
(ii) when the musk oxen population increases
to 300 musk oxen one year old or older during April surveys, a hunt will be
established if a harvestable surplus is available;
(D) reducing predation is likely to be
effective and feasible using recognized and prudent active management
techniques and based on scientific information; selectively removing brown
bears to reduce predation is an experimental approach, based on the hypothesis
that relatively few individual bears commonly kill musk oxen; brown bear
radiotracking data collected during 1991 - 2007 indicated that several
radiocollared adult males were responsible for multiple musk oxen predation
events in early spring in a given year or over several years; this suggests
that targeting individual bears should be effective, especially for reducing
the incidence of multiple kills in spring; most of the predation was caused by
male bears before the time when females emerge from dens;
(E) reducing predation is likely to be
effective given land ownership patterns, based on the following:
(i) most of Unit 26(B) is state land; the
land ownership pattern is 69 percent state land, 29 percent federal land, and 2
percent private land; of the 29 percent federal lands, 12 percent is Bureau of
Land Management, and these lands are available for bear control; total land
available for bear control is 72 - 74 percent of the unit;
(ii) only two of the 8 - 15 total musk oxen
groups in Unit 26(B) occasionally occur on federal lands within the Arctic
National Wildlife Refuge;
(F) reducing predation is in the best
interests of subsistence users because no harvest is currently taking place; an
increase in the population that results in sustainable harvest will benefit all
residents;
(4)
permissible methods and means are as follows:
(A) hunting of brown bears by the public in
Unit 26(B) during the term of the program may occur as provided in the hunting
regulations set out elsewhere in this title; however, hunting will be
restricted as necessary to maintain the current estimated population of 200 -
320 bears;
(B) notwithstanding any
other provisions in this title, the commissioner may allow agents of the state
accompanied by department employees, or department employees, to conduct
aerial, land and shoot, or ground-based lethal removal of any sex and age of
brown bear using state-owned, privately-owned, or chartered equipment,
including helicopters, under
AS
16.05.783;
(5) the anticipated time frame for update and
reevaluation are as follows:
(A) through June
30, 2018, the commissioner may authorize removal of bears in the Unit 26(B)
Musk Oxen Recovery 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 musk oxen and brown bear
populations, and recommendations for changes, if necessary to achieve the
objectives of the plan;
(C) the
program will be reviewed and modified or suspended if there is no evidence of
improved survival or a detectable increase in the Unit 26(B) musk oxen
population after three years of bear removal.
Authority:AS 16.05.255
AS 16.05.270
AS 16.05.783
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