5 AAC 92.019. Taking of big game for certain religious ceremonies

(a) The hunting and taking of big game, customarily and traditionally taken or used for subsistence as identified in 5 AAC 99.025, outside the seasons or bag limits established in 5 AAC 85 for use as food in customary and traditional Alaska Native funerary or mortuary religious ceremonies within 12 months preceding the ceremony is authorized if consistent with sustained yield principles.

(b) The department shall publicize a list of big game populations and areas, if any, for which the taking of a big game animal would be inconsistent with sustained yield principles.

(d) Before big game is taken under this section;

(1) a tribal chief, village council president, or the chief's or president's designee, for the village in which the religious ceremony will be held, must notify the nearest office of the department that a hunt for a big game animal will take place; the notification must include the number of animals expected to be taken, and the location where the taking will occur; the tribal chief, village council president, or designee must maintain records of the successful hunters and the decedents for the village or tribal ceremony, and make that information available to an authorized representative of the department upon request; the tribal chief, village council president, or designee must notify the department of the location of the kill and the species, sex, and number of animals taken under this section as soon as practicable, but not more than 15 days after the taking of big game;

(2) a hunter outside of a village or tribal organized ceremony must notify the nearest office of the department that a big game animal will be harvested, the time frame when, and location where the harvest will occur, and the name of the decedent; the notification must include the hunter's name, address, and the species of big game animal to be hunted; a successful hunter must notify the department of the location of the kill and the species, sex, and number of animals taken under this section as soon as practicable, but not more than 15 days after the taking.

(e) It is an affirmative defense to a prosecution for hunting or taking big game outside the season or bag limit restrictions established in 5 AAC 85 that

(1) the person is an Alaska resident;

(2) the hunting or taking was authorized under this section and the meat was used in a customary and traditional Alaska Native religious ceremony; and

(3) if the person took big game, the requirements of (d) of this section have been met.

History: Eff. 8/8/87, Register 103; am 6/28/96, Register 138; am 7/1/2002, Register 162; am 7/1/2003, Register 166

Authority: Art. I, sec. 4,

Ak. Const.

AS 16.05.255

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