5 Alaska Admin. Code § 92.028

Current through May 31, 2024

Section 5 AAC 92.028 - Aviculture permits

(a) No person may hold in captivity a bird listed in (d) of this section without a biennial aviculture permit in possession. Each permit holder shall keep each bird held under this permit wingclipped. No bird may be released into the wild.

(b) The department will issue an aviculture permit if the applicant demonstrates to the satisfaction of the department the ability to properly care for the birds to be kept under the permit as follows:

(1) provide suitable facilities to house, breed, and maintain the birds in a clean and healthy condition;

(2) provide adequate food, water, shelter, and sanitation for the birds;

(3) protect the birds from injury and predation; and

(4) prevent overcrowding;

(c) An aviculture permit is valid from the date issued until the second January 31 after that date. Each permittee shall submit an annual report to the department concerning birds held during the year by January 31 of each year. Failure to report may result in revocation of the permit. The report must reflect all activities conducted under the authority of the permit during the year and list by common name, genus, and species the number and sex of

(1) each bird alive and in possession;

(2) each bird acquired and the source of each bird acquired;

(3) each bird that died and the probable cause of death;

(4) each bird sold, traded, or given as a gift; the name and address of the recipient; and if sold, given, or traded within Alaska, the aviculture permit number of the recipient.

(d) The permittee may possess, sell, import, or export captive bred, nonendangered birds listed in (3) of this subsection, however,

(1) an imported bird must be accompanied by a licensed veterinarian's certificate of good health;

(2) a bird may be exported only if the exportation is in compliance with the recipient's state and federal regulations;

(3) the permit applies to the following birds in the order Galliformes:

(A) a member of the family Megapodiidae (Megapodes, 10 spp.);

(B) a member of the family Cracidae (Curassow family, 44 spp.);

(C) in the family Phasianidaes

(i) a member of the genus Alectoris(Rock, Barbary, Red-legged, etc., Partridge), except Alectoris chukar, the Chukar partridge, for which no permit is required;

(ii) a member of the genus Francolinus(Francolins);

(iii) a member of the genus Ammoperdix(Sand-partridge); and

(iv) in the subfamily Tetraoninae, Tetrao urogallus (Capercaille); and

(D) no permit will be issued for other birds in the order Galliformes.

(e) The department will, in its discretion, and at a reasonable hour, inspect the birds and aviculture facilities of a permit holder. The department will, in its discretion, revoke a permit if

(1) an inspection reveals a bird to be in poor condition as a result of the permittee's negligence; or

(2) the facilities are found to be inadequate; or

(3) the permittee is found to be in violation of a provision of this section.

(f) No permittee may kill a bird of prey in defense of the permittee's birds. A permittee may, with prior permission from the department, be allowed to trap a bird of prey in defense of the permittee's birds.

5 AAC 92.028

Eff. 2/27/87, Register 105

Authority:AS 16.05.255

AS 16.05.270

AS 16.05.920