Section 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; two hunters may apply as a party in a drawing permit hunt, and if drawn, both applicants will receive a permit; a permits application that is incomplete, or that does not include, if required, an Alaska big game hunting license number, or that contains a false statement, is void; the applicant must obtain or apply for an Alaska big game hunting license before submitting a drawing permits application; and (A) to apply for a drawing permit hunt, for any hunt that requires a registered or master guide, a nonresident or a nonresident alien must contract a qualified registered guide or master guide as their agent to submit the application and provide hunting services; the contracting registered guide or master guide, shall provide, at the time of application, their current unique verification code that has been issued to them pursuant to 12 AAC 75.260(d);(B) the requirement in 5 AAC 92.050(1)(A) does not apply if the 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);(2) except as provided in 5 AAC 92.061 and 5 AAC 92.069, a person may not (A) apply for more than six drawing permit hunts for the same species per regulatory year;(C) apply for more than one moose drawing permit for a nonresident in Unit 23 per regulatory year; or(D) hold more than one drawing permit for the same species per regulatory year;(3) the commissioner shall void all applications by one person for more than six hunts for the same species, and all applications by one person for more than one moose hunt for a nonresident in Unit 23;(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 shall obtain the permit within the time specified by the department in a notification;(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 hunting 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;(H) a resident who is a successful applicant for a bison drawing permit hunt is ineligible to apply for another bison drawing permit for 10 years; a nonresident who is a successful applicant for a bison drawing permit hunt is ineligible to apply for another bison drawing permit;(I) no more than one Unit 13 Tier I subsistence permit for caribou may be issued per household every regulatory year; the head of household, as defined in 5 AAC 92.071(b), and any member of the household obtaining a Unit 13 Tier I subsistence permit in a regulatory year for caribou may not hunt caribou or moose in any other location in the state during that regulatory year;(J) in hunts where 10 or more drawing permits are awarded, and in a situation where the final drawing permit is to be awarded and two applicants have applied as a party, the department may issue an additional permit in excess of the number of permits otherwise authorized by regulation, to allow both applicants of the party to receive a permit;(K) a second mountain goat registration permit for Unit 1(A) may only be issued if the goat harvested with the first registration permit was a billy harvested in Unit 1(A); for those hunters who harvested their first goat in Unit 1(A) with a registration permit, the pursuit of a second goat cannot occur in the trend count area of the original harvest; resident hunters looking to pursue a second goat in Unit 1(A) with a registration permit may receive a second registration permit after presenting the harvest record or sealing documents from their first harvest to the ADF&G office in Ketchikan.(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) the commissioner may reissue or transfer a permit as follows: (A) a permit may be transferred for scientific purposes;(B) a person that is on active duty, National Guard or Reserves status in a branch of the military under United States Department of Defense and who is under orders of a state's governor or the President of the United States for deployment to a combat zone for purpose of humanitarian aid, peace-keeping, increased security, homeland defense, defense support of civil authority, or evacuation of United States citizens, and that has been issued a (i) drawing permit, and is prevented from using the drawing permit due to being out of the state on active duty, may be reissued the same drawing permit when the person returns to this state from active duty under this subparagraph, under procedures set out in the applicable permit hunt supplement;(ii) Tier II permit may transfer that Tier II permit only during the same regulatory year to a substitute resident hunter while the person is out of the state on active duty under this subparagraph, under procedures set out in the applicable permit hunt supplement;(C) upon request. a permittee who did not hunt a blaek bear drawing permit in Units 1-3 or brown bear drawing permit in Units 4, 8, 10. and 22 for the regulatory year ending June 30. 2020, may. at the discretion of the Commissioner. have the permit transferred to regulatory year 2020 or regulator year 2021.(D) drawing hunt permit may, upon request, have the permit transfened to a qualified substitute in the event of the original permit holder's death, as provided for in AS 16.05.404 and AS 16.05.420(c).(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 (A) if using a paper permit 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;(B) if using an electronic permit, cancel the permit, by electronic means as directed by the department, lor the day and month on which the kill was made;(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, targeted permit, Tier I subsistence permit, or Tier II subsistence permit, the permittee will be ineligible to be issued a drawing, registration, targeted, 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; an applicant who intends to apply for a methods and means exemption permit to use a crossbow in an archery; only hunt must successfully complete a department-approved crossbow hunter certification course before submitting an application for a certified bowhunters only permit;(10) an applicant for a certified muzzleloader hunter only permit hunt must have successfully completed a department-approved muzzleloader certification course before submitting a permit application;(11) an applicant for a certified crossbow hunters only permit hunt must successfully complete a department-approved crossbow hunter certification 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;(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 60 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.(e) In addition to (b) of this section, the following applies to permittees awarded permits under AS 16.05.343: (1) the permittee is not eligible for another drawing permit for the same species in the same regulatory year;(2) game taken under this program count against the bag limit for that species in that area during the current regulatory year only, and are exempt from multi-year restrictions found in 5 AAC 85 and 5 AAC 92.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; am 7/1/2006, Register 178; add'l am 7/1/2006, Register 178; am 1/14/2007, Register 181; am 7/1/2007, Register 182; am 1/1/2008, Register 184; am 7/1/2008, Register 186; am 7/1/2009, Register 190; am 2/4/2011, Register 197; am 7/1/2012, Register 202; am 7/1/2014, Register 210, July 2014; am 7/1/2016, Register 218, July 2016; am 7/1/2018, Register 226, July 2018; am 9/19/2019, Register 231, August 2019; am 8/20/2020, Register 235, October 2020; am 6/23/2022, Register 242, July 2022; am 7/1/2023, Register 246, July 2023Authority:AS 16.05.255
AS 16.05.258
AS 16.05.330
AS 16.05.343
AS 16.05.404
AS 16.05.407
AS 16.05.420