CSSB 297(RES): "An Act relating to bear predation management and the donation and sale of bear hides and skulls."
00 CS FOR SENATE BILL NO. 297(RES) 01 "An Act relating to bear predation management and the donation and sale of bear hides 02 and skulls." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05 is amended by adding a new section to read: 05 Sec. 16.05.781. Bear predation management. (a) The Board of Game shall 06 adopt regulations establishing the methods, manners, and means for taking bear in 07 order to achieve effective management of bear predation. 08 (b) If, under AS 16.05.255(e) or (f), the Board of Game has identified 09 predation by bear as a cause of the depletion, or the reduction of the productivity, of a 10 big game prey population that is a basis for the establishment of an intensive 11 management program in a game management unit or subunit or for the declaration of 12 the biological emergency in a game management unit or subunit, the species of bear 13 identified by the board may be taken under (d) - (f) of this section in the area identified 14 by the board by a person who holds a bear predation management permit issued under
01 this section. If the department determines that within the area in which an intensive 02 management program is in effect, the bear population has been reduced to the 03 population level set by the board or the big game prey population has achieved the 04 population objectives set by the board, the provisions of (d) - (f) of this section are no 05 longer in effect in the area. The department shall provide notice to the public of when 06 and where (d) - (f) of this section are in effect. 07 (c) The department shall issue a bear predation management permit to a 08 resident, nonresident, or nonresident alien who holds a valid state hunting license to 09 take bear, who is at least 19 years of age, who satisfies the requirements set out in this 10 section, and who applies for the permit. A bear predation management permit 11 authorizes the permit holder to take or assist in taking one or more specified species of 12 bear in the area identified in the permit. The taking of bear under authority of a bear 13 predation management permit is subject to provisions of this title, applicable to the 14 taking of bear, and to regulations governing the method, manner, means, bag limit, or 15 other matters adopted by the board that do not conflict with this section. The 16 department shall issue bear predation management permits at each of its offices. 17 (d) Notwithstanding AS 16.05.407 or 16.05.408, a nonresident or a 18 nonresident alien who holds a bear predation management permit issued under this 19 section may take a bear under the authority of the permit if the nonresident or 20 nonresident alien is accompanied in the field by either a registered guide or a master 21 guide or by a resident who holds a bear predation management permit for the area 22 where the hunt occurs, who is over 21 years of age, who has legally hunted big game 23 in the state during at least two calendar years and has taken big game in the state 24 during at least one calendar year, and who has obtained a hunter safety certificate 25 issued under (g) of this section. A registered guide or a master guide is not subject to 26 any limitation on the number of nonresident or nonresident alien permittees that the 27 guide may accompany for purposes of taking bear under this section. A resident who 28 is not a registered guide or master guide may not receive any remuneration in excess 29 of direct expenses incurred in accompanying the nonresident or nonresident alien to 30 take a bear and may not accompany more than two nonresidents, regardless of whether 31 they are aliens or not, during a calendar year to take a bear under this subsection. A
01 resident who accompanies a nonresident or nonresident alien permittee, but who is not 02 a registered guide or master guide, shall remain with the nonresident or nonresident 03 alien permittee at all times when the nonresident or nonresident alien permittee is in 04 the field. 05 (e) Notwithstanding any other provision of law, a nonresident who is a 06 member of the military service or the United States Coast Guard who is stationed in 07 the state, who satisfies the requirements set out in this section, and who is at least 19 08 years of age shall receive, upon application, a resident bear predation management 09 permit issued under this section and shall be eligible to take bear under this section in 10 the area identified on the permit without obtaining a nonresident or nonresident alien 11 bear tag. A person who is eligible for a resident bear predation management permit 12 under this subsection is a resident for purposes of accompanying nonresident and 13 nonresident alien permittees under (d) of this section and may accompany nonresident 14 and nonresident alien permittees to take bear if the person holds a bear predation 15 management permit issued under this section for the area where the hunt occurs, is at 16 least 21 years of age, has legally hunted big game in the state during two calendar 17 years and has taken big game in the state during at least one calendar year, and has 18 obtained a hunter safety certificate issued under (g) of this section. 19 (f) Notwithstanding any other provision of law, a resident, a nonresident, or a 20 nonresident alien who holds a bear predation management permit issued under this 21 section may take bear under the authority of the permit without obtaining a big game 22 tag for bear. 23 (g) The department shall provide a hunter safety course for persons who 24 intend to accompany nonresident or nonresident alien bear predation management 25 permittees to take bear under (d) or (e) of this section. The department shall provide 26 the course materials for the course at each of its offices and through the department's 27 Internet website. The department shall offer the test for completion of the hunter 28 safety course at each of its offices. The department shall issue a hunter safety 29 certificate to each person who successfully completes the course. 30 (h) A person who takes a bear under authority of a bear predation management 31 permit shall have the bear sealed by the department within 15 days after returning
01 from the field. A nonresident or nonresident alien shall pay a fee of $250 at the time 02 the bear is sealed by the department. The person shall accurately complete and return 03 to the department in a timely manner reports that may be required by regulations of the 04 Board of Game. 05 (i) In this section, "bear" means black bear or brown or grizzly bear. 06 * Sec. 2. AS 16.40 is amended by adding a new section to read: 07 Article 6. Bear Hides and Skulls. 08 Sec. 16.40.275. Donation and sale of bear hides and skulls. (a) A person 09 may donate a legally taken bear hide or skull to the department or a qualified 10 organization. 11 (b) The department may accept a donation of the hide or skull of a legally 12 taken bear and may sell the hide or skull by direct sale or auction. The disposal of a 13 bear hide or skull under this subsection is exempt from AS 36.30 (State Procurement 14 Code). The department shall return 50 percent of the net proceeds from the sale of the 15 hide or skull to the donor and shall deposit the balance of the proceeds in the general 16 fund. The legislature may appropriate proceeds retained by the department from the 17 sale of bear hides and skulls to the fish and game fund. 18 (c) A qualified organization that is recognized as tax-exempt under 26 U.S.C. 19 501(c)(3) (Internal Revenue Code) may, subject to regulations adopted by the Board 20 of Game, accept a donation of the hide or skull of a legally taken bear and sell the hide 21 or skull by auction or raffle. The organization may retain an amount from the gross 22 proceeds of the auction or raffle equal to the administrative cost of the auction or raffle 23 plus an amount not to exceed 50 percent of the net proceeds. The proceeds from the 24 auction or raffle of a big game harvest permit may not be used to make a contribution 25 to any candidate for political office or to any organization supporting or opposing 26 ballot propositions or to pay expenses associated with lobbying the legislature or 27 administration. Proceeds from the auction or raffle of a hide or skull, less the amount 28 that is retained by the qualified organization under this subsection, shall be transmitted 29 to the department for deposit in the general fund. The legislature may appropriate 30 proceeds received by the department under this subsection to the fish and game fund. 31 (d) In this section, "qualified organization" has the meaning given in
01 AS 16.05.343(c).