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HOUSE BILL NO. 364
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE JOSEPHSON
Introduced: 2/23/26
Referred: Resources, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to intensive management of big game prey populations; relating to 1
same-day airborne hunting; and providing for an effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 16.05.050(b) is amended to read: 4
(b) The commissioner shall annually submit a report to the 5
(1) Board of Game regarding the department's implementation during 6
the preceding three years of intensive management programs that have been 7
established by the board under AS 16.05.784 [AS 16.05.255] for identified big game 8
prey populations; 9
(2) legislature regarding the Board of Game's allocation of big game 10
hunting opportunities in the preceding calendar year; the commissioner shall file the 11
report with the senate secretary and the chief clerk of the house of representatives on 12
or before February 1 and notify the legislature that the report is available; the report 13
must include 14
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(A) a summary description of the big game hunting 1
opportunities provided to residents and nonresidents; 2
(B) a detailed description of how big game hunting 3
opportunities for each big game species were allocated 4
(i) to residents, guided nonresidents, nonprofit 5
organizations for auction under AS 16.05.343(a) and (c), and, if 6
applicable, nonguided nonresidents; 7
(ii) by hunt type; 8
(iii) within each game management unit; and 9
(C) other information and data relevant to allocation of big 10
game hunting opportunities in the state by the Board of Game. 11
* Sec. 2. AS 16.05.130(g) is amended to read: 12
(g) Money accruing to the state from the intensive management surcharge 13
imposed under AS 16.05.340(k) shall be deposited in a separate account known as the 14
sustainable wildlife account in the fish and game fund. Money in the sustainable 15
wildlife account shall be allocated to intensive management programs intended to 16
sustain and enhance big game prey populations under AS 16.05.784 17
[AS 16.05.255(e)]. 18
* Sec. 3. AS 16.05.255(e) is amended to read: 19
(e) The Board of Game may [SHALL] adopt regulations to provide for 20
intensive management programs under AS 16.05.784 to restore the abundance or 21
productivity of identified big game prey populations as necessary to achieve human 22
consumptive use goals of the board [IN AN AREA WHERE THE BOARD HAS 23
DETERMINED THAT 24
(1) CONSUMPTIVE USE OF THE BIG GAME PREY 25
POPULATION IS A PREFERRED USE; 26
(2) DEPLETION OF THE BIG GAME PREY POPULATION OR 27
REDUCTION OF THE PRODUCTIVITY OF THE BIG GAME PREY 28
POPULATION HAS OCCURRED AND MAY RESULT IN A SIGNIFICANT 29
REDUCTION IN THE ALLOWABLE HUMAN HARVEST OF THE 30
POPULATION; AND 31
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(3) ENHANCEMENT OF ABUNDANCE OR PRODUCTIVITY OF 1
THE BIG GAME PREY POPULATION IS FEASIBLY ACHIEVABLE UTILIZING 2
RECOGNIZED AND PRUDENT ACTIVE MANAGEMENT TECHNIQUES]. 3
* Sec. 4. AS 16.05.270 is amended to read: 4
Sec. 16.05.270. Delegation of authority to commissioner. For the purpose of 5
administering AS 16.05.251, [AND] 16.05.255, and 16.05.784, each board may 6
delegate authority to the commissioner to act in its behalf. If there is a conflict 7
between the board and the commissioner on proposed regulations, public hearings 8
shall be held concerning the issues in question. If, after the public hearings, the board 9
and the commissioner continue to disagree, the issue shall be certified in writing by 10
the board and the commissioner to the governor who shall make a decision. The 11
decision of the governor is final. 12
* Sec. 5. AS 16.05.340(a)(15) is amended to read: 13
(15) Nonresident big game tags 14
A nonresident may not take a big game animal without previously purchasing a 15
numbered, nontransferable, appropriate tag, issued under this paragraph. The tag must 16
be affixed to the animal before leaving the kill site and must remain affixed until the 17
animal is prepared for storage, consumed, or exported. A tag issued but not used for an 18
animal may be used to satisfy the tagging requirement for an animal of any other 19
species for which the tag fee is of equal or less value. 20
(A) Bear, black, each ......................................................... 450 21
(B) Bear, brown or grizzly, each .................................... 1,000 22
(C) Bison, each .................................................................. 900 23
(D) Caribou, each .............................................................. 650 24
(E) Deer, each .................................................................... 300 25
(F) Elk, each ...................................................................... 600 26
(G) Goat, each ................................................................... 600 27
(H) Moose, each ................................................................ 800 28
(I) Sheep, each ................................................................... 850 29
(J) Wolf, each 60 A nonresident is not required to have a 30
nonresident wolf tag to take a wolf in a game management unit if the Board of 31
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Game has adopted an intensive management program under AS 16.05.784 1
[AS 16.05.255(e)] for all or a portion of the game management unit. 2
(K) Wolverine, each .......................................................... 350 3
(L) Musk oxen, each ...................................................... 2,200 4
* Sec. 6. AS 16.05.340(a)(21) is amended to read: 5
(21) Nonresident alien big game tags 6
(A) Bear, black, each ......................................................... 600 7
(B) Bear, brown or grizzly, each .................................... 1,300 8
(C) Bison, each ............................................................... 1,300 9
(D) Caribou, each .............................................................. 850 10
(E) Deer, each .................................................................... 400 11
(F) Elk, each ...................................................................... 800 12
(G) Goat, each ................................................................... 800 13
(H) Moose, each ............................................................. 1,000 14
(I) Musk oxen, each ........................................................ 3,000 15
(J) Sheep, each ............................................................... 1,100 16
(K) Wolf, each 100 A nonresident alien is not required to have 17
a nonresident alien wolf tag to take a wolf in a game management unit if the 18
Board of Game has adopted an intensive management program under 19
AS 16.05.784 [AS 16.05.255(e)] for all or a portion of the game management 20
unit. 21
(L) Wolverine, each .......................................................... 500 22
* Sec. 7. AS 16.05.340(k) is amended to read: 23
(k) In addition to the fees for a hunting license set out in (a) and (d) of this 24
section, each person who purchases a hunting license shall pay an intensive 25
management surcharge as set out in this subsection for the purpose of providing 26
funding for the intensive management of the state's game populations under 27
AS 16.05.784 [AS 16.05.255(e)]. A person who is eligible for a $5 resident hunting, 28
trapping, and sport fishing license under (a)(6) of this section or a free license under 29
AS 16.05.341 is exempt from payment of the surcharge imposed under this subsection. 30
The amount of the surcharge attached to each hunting license must be clearly 31
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disclosed on the license. Except as otherwise provided by this subsection, the intensive 1
management surcharge for each 2
(1) resident hunting license available under this section is $10; and 3
(2) nonresident hunting license available under this section is $30. 4
* Sec. 8. AS 16.05.783(a) is amended to read: 5
(a) A person may not shoot or assist in shooting a free-ranging wolf, bear, or 6
wolverine the same day that a person has been airborne. However, the Board of Game 7
may authorize a predator control program as part of a game management plan that 8
involves airborne or same day airborne shooting if the board has determined, based on 9
information provided by the department under AS 16.05.784(f), 10
(1) in regard to an identified big game prey population under 11
AS 16.05.784, [AS 16.05.255(g)] that objectives set by the board for the population 12
have not been achieved and that predation is an important cause for the failure to 13
achieve the objectives set by the board, and that a temporary reduction of predation 14
can clearly and convincingly [REASONABLY] be expected to aid in the 15
achievement of the objectives; or 16
(2) that a disease or parasite of a predator population 17
(A) is threatening the normal biological condition of the 18
predator population; or 19
(B) if left untreated, would spread to other populations. 20
* Sec. 9. AS 16.05.783(b) is amended to read: 21
(b) This section does not apply to 22
(1) a person who was airborne the same day if that person was airborne 23
only on a regularly scheduled commercial flight; or 24
(2) an employee of the department who, as part of a game management 25
program under AS 16.05.784, is authorized to shoot or to assist in shooting wolf, 26
bear, wolverine, fox, or lynx on the same day that the employee has been airborne. 27
* Sec. 10. AS 16.05.783(d) is amended to read: 28
(d) When the Board of Game authorizes a predator control program under 29
AS 16.05.784 that includes airborne or same day airborne shooting, the board shall 30
have the prerogative to establish predator reduction objectives and limits, methods and 31
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means to be employed, who is authorized to participate in the program, and the 1
conditions for participation of individuals in the program. 2
* Sec. 11. AS 16.05 is amended by adding a new section to read: 3
Sec. 16.05.784. Intensive management of big game prey populations. (a) 4
Subject to (f) of this section, the Board of Game may adopt an intensive management 5
program for a designated geographic area where the board has determined that 6
(1) consumptive use of a big game prey population is a preferred use; 7
(2) a depletion of the big game prey population or reduction of the 8
productivity of the big game prey population has occurred and may result in a 9
significant reduction in the allowable human harvest of the population; and 10
(3) long-term enhancement of abundance or productivity of the big 11
game prey population is feasibly achievable using recognized and prudent active 12
management techniques. 13
(b) To aid the Board of Game in determining whether long-term enhancement 14
of abundance or productivity of a big game prey population is feasibly achievable in a 15
designated area using recognized and prudent active management techniques, the 16
department shall make comprehensive scientific findings as to the likely merits and 17
effectiveness of the proposed techniques and as to the long-term effects on the broader 18
ecosystem. The findings must address predator and big game prey animal interactions 19
and effects on predator and prey animal populations from factors relating to the 20
animals' habitat and environment. If the department finds, based on scientific 21
evidence, that long-term enhancement of abundance or productivity of a big game 22
prey population is feasibly achievable using the proposed techniques, the department 23
(1) shall provide the findings to at least one independent party for peer 24
review under (c) of this section; 25
(2) may not provide its findings to the board without including at least 26
one independent party's written report prepared under (e) of this section. 27
(c) The department shall contract with at least one independent party qualified 28
under (d) of this section to conduct a peer review of the department's findings under 29
(b) of this section, the data on which the findings are based, and other related 30
materials. An independent party with whom the department contracts for peer review 31
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under this section is responsible for the scientific integrity of the independent party's 1
peer review process. 2
(d) To qualify as an independent party under (c) of this section, the 3
independent party 4
(1) must meet the following qualifications: 5
(A) be significantly involved with researching and 6
understanding predator, prey, and habitat interactions and the role of 7
consumptive harvest in management of wildlife; 8
(B) have the technical expertise required to review and analyze 9
findings, data, and other relevant material prepared by the department; 10
(C) be independent of the department and not involved in the 11
production of the findings or data under peer review; and 12
(2) may not be involved in advocacy relating to big game hunting, 13
wildlife, or related matters. 14
(e) An independent party conducting a peer review of the department's 15
findings under (c) of this section shall, within a time frame and budget agreed upon by 16
the independent party and the department, provide the department with a written report 17
prepared under the party's peer review process that contains a scientific evaluation of 18
the department's findings under (b) of this section and the independent party's 19
conclusions as to whether the long-term enhancement of abundance or productivity of 20
a big game prey population is feasibly achievable under this section. The department 21
may accept the independent party's report, in whole or in part, and may revise the 22
department's own findings accordingly. 23
(f) The department shall provide the board a written report containing the 24
department's determination whether long-term enhancement of abundance or 25
productivity of a big game prey population is feasibly achievable in a designated area 26
using the proposed techniques. The report must include any written reports prepared 27
by independent parties under (e) of this section, the department's consideration of the 28
conclusions of any independent party reports, any data that the department determines 29
support different conclusions than those in a report of an independent party, the 30
department's findings, and data produced under (b) of this section, and other materials 31
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the department determines are relevant to the board's determination whether to adopt 1
an intensive management program under (a) of this section. The Board of Game may 2
not adopt an intensive management program under (a) of this section until the board 3
has received the report required by this subsection. 4
(g) If, after receiving the report required under (f) of this section, the Board of 5
Game determines that long-term enhancement of abundance or productivity of an 6
identified big game prey population is feasibly achievable in a geographic area under 7
this section, the board shall 8
(1) establish sustainable population and harvest goals and seasons for 9
intensive management of the identified big game prey populations to achieve a high 10
level of human harvest; 11
(2) limit geographic application of the program to an area that is not 12
greater than necessary to accomplish program objectives; 13
(3) require the reauthorization or termination of an intensive 14
management program after the program has been in effect for a period of three years. 15
(h) The Board of Game may not significantly reduce the taking of an 16
identified big game prey population in an area by adopting regulations relating to 17
restrictions on harvest or access to the population, or to management of the population 18
by customary adjustments in seasons, bag limits, open and closed areas, methods and 19
means, or other customary means authorized under AS 16.05.255(a), unless the board 20
has adopted regulations, or has scheduled for adoption at the next regularly scheduled 21
meeting of the board regulations, that provide for intensive management to increase 22
the take of the big game prey population for human harvest consistent with (a) of this 23
section. This subsection does not apply if the board 24
(1) determines that intensive management would be 25
(A) ineffective based on scientific information; 26
(B) inappropriate because of land ownership patterns; or 27
(C) against the best interest of subsistence uses; or 28
(2) declares that a biological emergency exists and takes immediate 29
action to protect or maintain the big game prey population in conjunction with the 30
scheduling for adoption of those regulations that are necessary to implement (a) of this 31
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section. 1
(i) In this section, 2
(1) "harvestable surplus" means the number of animals that are 3
estimated to equal the number of offspring born in a game population during a year, 4
less the number of animals required for recruitment for population maintenance and 5
long-term enhancement, when necessary, and the number of animals in the population 6
that die from all causes, other than predation or human harvest, during that year; 7
(2) "high level of human harvest" has the meaning given in 8
AS 16.05.255(l); 9
(3) "identified big game prey population" has the meaning given in 10
AS 16.05.255(l); 11
(4) "intensive management" has the meaning given in AS 16.05.255(l). 12
* Sec. 12. AS 16.05.255(f), 16.05.255(g), and 16.05.255(l)(1) are repealed. 13
* Sec. 13. This Act takes effect July 1, 2026. 14