Alaska Statutes: AS 16.05.782. Taking of Brown or Grizzly Bear Near Solid Waste Disposal Facility Prohibited.

Alaska Statutes. Title 16. Fish and Game Chapter 5. Fish and Game Code and Definitions Section 782. Taking of Brown or Grizzly Bear Near Solid Waste Disposal Facility Prohibited.

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AS 16.05.782. Taking of Brown or Grizzly Bear Near Solid Waste Disposal Facility Prohibited.

   (a) Except as provided in (d) of this section, a person who with criminal negligence takes a brown or grizzly bear within one-half mile of a solid waste disposal facility is guilty of a class A misdemeanor.
   (b) In addition to the penalty imposed by law under (a) of this section, the court shall order forfeiture of the hide and skull of the bear, but if the hide and skull are not salvaged and delivered to the department then the court shall impose an additional fine of up to $10,000.
   (c) It is an affirmative defense to a prosecution under (a) of this section that the person took the bear in defense of life or property if the person who took the bear shows by a preponderance of the evidence that
        (1) the necessity for the taking was not brought about by harassment or provocation of the bear by the person who took the bear;
        (2) the necessity for the taking was not brought about by the negligent disposal of garbage or the creation of a similar attractive nuisance by the person who took the bear; and
        (3) the person exhausted all other practicable means to protect life and property before the bear was taken.
   (d) Notwithstanding (a) - (c) of this section, the department may authorize the taking of a problem brown or grizzly bear within one-half mile of a solid waste disposal facility at any time, if the taking of the bear is necessary to protect the public and is consistent with sound game management principles.
   (e) In this section
        (1) "criminal negligence" has the meaning given in AS 11.81.900(a);
        (2) "property" means
             (A) a dwelling, permanent or temporary;
             (B) an aircraft, boat, automobile, or other conveyance;
             (C) a domestic animal;
             (D) other property of substantial value necessary for the livelihood or survival of the owner;
        (3) "solid waste disposal facility" means a facility for the disposal of solid waste, other than sewage, for which a prior authorization has been issued under AS 46.03.100.

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