5 AAC 92.420. Taking nuisance wildlife

(a) The department may issue a wild animal control license, renewable annually, to an applicant who pays the fee required under As 16.05.340, and who

(1) is at least 18 years of age;

(2) has successfully completed a hunter education course administered by the department or provided proof of equivalent firearms safety training if firearms are to be used to take or euthanize animals;

(3) has not been convicted of a fish or game violation under AS 16 or 5 AAC during the preceding five years;

(4) demonstrated a background in and an aptitude for nuisance wildlife control through one or more of the following:

(A) a written summary of methodology to be used;

(B) a written summary of experience in taking, capturing, or handling animals;

(5) identifies a geographic area within which the license is to apply;

(6) has complied with all past and current licensing and reporting requirements.

(b) A person with a nuisance wild animal control license may take nuisance wildlife on land owned by another person when

(1) the animal being taken has invaded a dwelling, is causing damage to property, or is an immediate threat to health, safety, or property;

(2) the necessity for the taking is not brought about by harassment or provocation of the animals, or by an unreasonable invasion of the animal's habitat;

(3) the necessity of the taking is not brought about by the improper disposal of garbage or a similar attractive nuisance; and

(4) all other practicable means to protect property are exhausted before the game is taken.

(c) A person taking nuisance wildlife by lethal means under this section must, each quarter, submit a summary of all nuisance wildlife activity during the previous period, including numbers, species, locations of animals taken, release locations for animals handled, and names and addresses of property owners.

(d) An animal taken under this section may be euthanized under the federal Animal Welfare Act (7 USC Ch. 54) but may not be held captive for more than 12 hours unless authorized by a department representative or required by a physician for public health reasons. Circumstances must dictate the euthanasia methods available to the operator; however the method employed should be the safest, quickest, and most painless available.

(e) Nuisance wildlife taken outside regular hunting or trapping seasons or in areas otherwise closed to taking for that species may not be retained for personal use and may not be sold, traded bartered, or otherwise transferred to any other person. A species required to be sealed under hunting or trapping regulations must be presented to the department for sealing.

(f) Wildlife may be taken or released only with

(1) the consent of the appropriate land manager or property owner; and

(2) approval of the department.

(g) The department may identify area where taking of one or more species is not allowed and may limit the number of animals to be taken.

History: Eff. 7/1/2004, Register 170

Authority: AS 16.05.255

AS 16.05.330

AS 16.05.340

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