Title 5 . Fish and Game

Chapter 93 . Department Programs

Section 50. Grant of bison and musk oxen to private ownership

5 AAC 93.050. Grant of bison and musk oxen to private ownership

(a) The department, through the commissioner, will, in its discretion, determine whether a surplus exists in a herd of bison or musk oxen and that private ownership of bison or musk oxen is in the public interest.

(b) The commissioner will consult with the Board of Game before making a final decision regarding whether there are surplus bison or musk oxen in a herd. Unless otherwise recommended by the Board of Game, subsistence uses, recreational hunting, natural dispersal, transplanting animals to new, vacant habitat, and scientific or educational uses, are uses that have priority over allocation to private ownership. In this section, "surplus" means the number of animals that may be removed from a herd in a year while still

(1) allowing for maintenance of the herd on a sustained yield basis;

(2) accomplishing population objectives for that herd; and

(3) ensuring that demands are met for other uses of the animals that are of a higher priority.

(c) If the commissioner determines under (b) of this section that a surplus of bison and musk oxen exists, the commissioner will provide legal notice to the public stating the number, sex, and location of the surplus animals, and other pertinent information. The legal notice will include an invitation to all qualified applicants to apply for a grant of bison or musk oxen to private ownership.

(d) An applicant for surplus bison or musk oxen must meet the following qualifications:

(1) the applicant must provide evidence to the commissioner demonstrating experience in raising large animals, and must have facilities suitable for husbandry and for keeping the animals confined and under control;

(2) the applicant must certify that the purpose of obtaining bison or musk oxen is for raising and breeding the animals as domestic stock for commercial purposes.

(e) If qualified applicants submit requests for more animals than have been declared surplus, the commissioner will either

(1) allocate the surplus animals equally among the qualified applicants so that no fewer than one male and one female animal will be allocated to each applicant, or

(2) select one or more applicants by random drawing from the pool of qualified applicants.

(f) Upon selection of applicants, the commissioner will publish legal notice of that decision in at least one newspaper of general circulation in the state.

(g) The commissioner will issue to each successful applicant under this section, a document granting title to the allocated animals and their offspring.

(h) A successful applicant shall pay a purchase price determined by the department for the animals granted; shall pay all costs of capturing, caring for, and transporting animals from the capture site to their destination; and shall reimburse the department for prorated costs of publishing legal notices.

(i) Animals granted under this section become private property and are considered domestic animals upon the issuance of a document granting title.

History: Eff. 8/8/87, Register 103; am 8/20/89, Register 111

Authority: AS 16.05.020

AS 16.40.010

Editor's note: Before 8/20/89, Register 111, the substance of 5 AAC 93.050 was contained in former 5 AAC 92.241. The history note for 5 AAC 93.050 includes the history of the provision before 8/20/89.