Title 5 . Fish and Game

Chapter 92 . Statewide Provisions

Section 50. Required permit hunt conditions and procedures

5 AAC 92.050. Required permit hunt conditions and procedures

(a) The following conditions and procedures for permit issuance apply to each permit hunt:

(1) the applicant or the applicant's agent shall complete the application form; a permit application that is incomplete, or that does not include, if required, an Alaska hunting license number, or that contains a false statement, is void;

(2) except as provided in 5 AAC 92.061 and 5 AAC 92.069, a person may not apply for more than three different drawing permit hunts for the same species per regulatory year, submit more than one application for the same drawing permit hunt during a regulatory year, or apply for more than one moose drawing permit for a nonresident in Unit 23 per regulatory year; the commissioner shall void all duplicate applications, all applications by one person for more than three hunts for the same species, and all applications by one person for more than one moose hunt for a nonresident in Unit 23; a person may not hold more than one permit for the same species per regulatory year;

(3) the applicant must obtain or apply for an Alaska hunting license before the time of permit application;

(4) permit issuance:

(A) the department shall issue registration permits in the order applications are received, and drawing permits on a lottery basis;

(B) a successful applicant

(i) shall obtain the permit within the time specified by the department in a notification; and

(ii) who is a nonresident or a nonresident alien and who, under AS 16.05.407 or 16.05.408, must be accompanied by a licensed guide-outfitter, shall provide written verification, within the time specified by the department in the permit application form, that the required guide-outfitter has been hired; the requirement of this clause does not apply if the successful applicant is a nonresident and will be accompanied by a resident over 19 years of age who is a spouse or a relative within the second degree of kindred, as described in AS 16.05.407 (a);

(C) unless otherwise provided, if a drawing permit hunt is under subscribed, surplus permits are void and will not be issued;

(D) the department will issue Tier II subsistence hunting permits as provided in 5 AAC 92.062(b) and (c);

(E) the department may issue additional drawing hunt permits or Tier II subsistence hunting permits for specific hunts, in excess of the number established by other regulation, in order to correct administrative error in processing permit applications that has resulted in the denial of a permit to an applicant entitled to receive one;

(F) an individual who is a successful applicant for a specific drawing permit hunt is ineligible to apply for a permit for that specific hunt the following year;

(G) an individual who is a successful applicant for a Koyukuk Controlled Use Area moose drawing permit is ineligible to apply for a Koyukuk Controlled Use Area moose drawing permit the following year;

(5) except as provided in (6) of this subsection, a permit is nontransferable; however, the department may reissue an invalidated Tier II subsistence hunting permit to the highest-ranked applicant remaining in the original pool of eligible applicants;

(6) at the discretion of the commissioner, a permit may be transferred for scientific purposes only;

(7) immediately after killing a big game animal for which a permit is required, the permittee, or his or her proxy under 5 AAC 92.011, shall cancel the permit by removing the permit day and month on which the kill was made, without obliterating or destroying any other day and month printed on the permit;

(8) a person who has been issued a permit, or that person's proxy under 5 AAC 92.011, shall return the permit harvest report to the department within the time period stated on the permit; in addition to other penalties provided by law for failure to report harvest, and except as provided in this paragraph and (c) of this section, if a permittee or the permittee's proxy fails to provide the required report for a drawing permit, registration permit, Tier I subsistence permit, or Tier II subsistence permit, the permittee will be ineligible to be issued a drawing, registration, Tier I subsistence, or Tier II subsistence permit during the following regulatory year; notwithstanding the provisions of this paragraph, the department may determine that, for specific hunts, it is administratively impracticable, to apply the penalty for failure to report;

(9) an applicant for a certified bowhunters only permit hunt must successfully complete a department-approved bowhunter education course before submitting a permit application.

(b) The department may issue annually one bull bison permit for Unit 20(D) through a raffle or lottery conducted by a "qualified organization" as defined in AS 16.05.343 . In addition to (a)(3) and (a)(5) - (a)(8) of this section, the following applies to the permittee:

(1) the permittee is not eligible for another bison drawing permit in the same regulatory year;

(2) if the permittee is a nonresident, the fee for the nonresident bison locking tag is to be paid from the proceeds of the raffle or lottery;

(3) a bison taken under a permit issued under this subsection does not count against the regular bag limit of one bison every five years; however, no person may take more than one bison, statewide, per regulatory year.

(c) A person aggrieved by a decision under (a)(8) of this section will be granted a hearing before the commissioner or the commissioner's designee, if the permittee makes a request for a hearing in writing to the commissioner within 180 days after the conclusion of the permit hunt for which the person failed to provide a report. The commissioner may determine that the penalty provided under (a)(8) of this section will not be applied if the permittee provides the information required on the report and if the commissioner determines that the failure to provide the report was the result of unavoidable circumstance, or that, in the case of subsistence permit, extreme hardship would result to the applicant.

(d) A permittee under this section must keep the permit in possession while hunting.

History: Eff. 7/5/85, Register 95; am 7/3/86, Register 99; am 4/24/88, Register 106; am 8/12/90, Register 115; am 8/10/91, Register 119; am 7/1/92, Register 122; readopt 5/13/93, Register 126; am 7/1/93, Register 126; am 7/7/94, Register 131; am 7/8/95, Register 135; am 6/28/96, Register 138; am 1/1/97, Register 140; am 3/25/98, Register 145; am 7/1/2000, Register 154; add'l am 7/1/2000, Register 154; am 7/1/2004, Register 170; am 11/1/2004, Register 172; am 12/30/2004, Register 172; am 7/1/2005, Register 174

Authority: AS 16.05.255

AS 16.05.258

AS 16.05.343

AS 16.05.407

Editor's note: At its November 9 - 11, 1992, January 19 - 28, 1993 meeting, the Board of Game readopted 5 AAC 92.050 in its entirety, without change, under ch. 1, SSSLA 1992 (the 1992 subsistence law), which repealed and reenacted AS 16.05.258 .

Beginning in Register 140 (January 1997), the regulations attorney corrected 5 AAC 92.050(b) and (c) to correctly cite (a)(8) instead of (a)(7). These citations were inadvertently not corrected when (a)(7) was renumbered to (a)(8) in 1992.