5 Alaska Admin. Code § 92.124

Current through October 17, 2024
Section 5 AAC 92.124 - Intensive Management Plans VIII
(a)Plans established. Intensive management plans for the following areas are established in this section:
(1) Unit 21 (E) Predation Control Area;
(2) Unit 24 (B) Predation Control Area.
(b)Unit 21(E) Predation Control Area. The Unit 21(E) Predation Control Area is established in Unit 21(E), encompassing approximately 7,993 square miles; this predation control program does not apply within National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; notwithstanding any other provision in this title, and based on the following information contained in this section, the commissioner or the commissioner's designee may conduct a wolf and black bear and brown bear population reduction or a wolf and black bear and brown bear population regulation program in Unit 21(E) to benefit moose:
(1) the following Wolf and Bear Control Focus Areas are established in the Unit 21(E) Predation Control Area; the areas do not delineate a moose, wolf, or bear population and are not intended to distinguish animals within the areas from populations in Unit 21(E); the purpose is to focus wolf and bear control in a relatively small area where moose numbers can be better estimated, where moose are accessible to hunters, and where harvest can be closely monitored;
(A) the Wolf Control Focus Area (WCFA) encompasses approximately 4,126 square miles within Unit 21(E) within the area south of 63° 06.00' N. lat., north of 61° 54.00' N. lat., and easterly of a line starting at 62° 08.00' N. lat., 160° 35.00' W. long., then north to 62° 44.00' N. lat., 160° 35.00' W. long., then east to 62° 44.00' N. lat., 160° 10.00' W. long., then north to 62° 56.00' N. lat., 160° 10.00' W. long., then east to 62° 56.00' N. lat., 160° 05.00' W. long., then north to 63° 00.00' N. lat., 160° 05.00' W. long., then east to 63° 00.00' N. lat., 160° 00.00' W. long., then north to 63° 02.00' N. lat., 160° 00.00' W. long., then east to 62° 02.00' N. lat., 159° 55.00' W. long., then north to 63° 06.00' N. lat., 159° 55.00' W. long.; wolf control will be conducted only within the WCFA; the department has the discretion to adjust the area's size and shape to include up to approximately 4,500 square miles of Unit 21(E);
(B) the Black Bear and Brown Bear Control Focus Area (BCFA) encompasses approximately 556 square miles consisting of those portions of the Yukon River drainage within the area starting at 62° 08.00' N. lat., 159° 25.00' W. long., then west to 62° 08.00' N. lat., 159° 45.00' W. long., then north to 62° 14.00' N. lat, 159° 45.00' W. long., then west to 62° 14.00' N. lat., 160° 00.00' W. long., then north to 62° 22.00' N. lat., 160° 00.00' W. long., then west to 62° 22.00' N. lat, 160° 05.00' W. long., then north to 62° 28.00' N. lat, 160° 05.00' W. long., then west to 62° 28.00' N. lat, 160° 10.00' W. long., then north to 62° 36.00' N. lat., 160° 10.00' W. long., then east to 62° 36.00' N. lat., 159° 30.00' W. long., then south to 62° 16.00' N. lat., 159° 30.00' W. long., then east to 62° 16.00' N. lat., 159° 25.00' W. long., then south to 62° 08.00' N. lat, 159° 25.00' W. long.; bear control will be conducted only within the BCFA; the department has the discretion to adjust the area's size and shape up to approximately 800 square miles of Unit 21(E); the BCFA is entirely within the WCFA;
(2) this is a continuing control program that was first authorized by the board in 2010 for wolf control; it is currently designed to increase moose numbers and harvest in the WCFA and BCFA by reducing predation on moose and is expected to make a contribution to achieving the intensive management (IM) objectives in Unit 21(E);
(3) moose, wolf, black bear, and brown bear objectives are as follows:
(A) the moose IM population objective established by the board for Unit 21(E) is 9,000-11,000 moose; the IM harvest objective for Unit 21(E) is 550-1,100 moose annually;
(B) the density objective for moose in the WCFA is 1.0 per square mile (corrected for sightability) during late winter surveys; the annual moose harvest objective for the WCFA is 165;
(C) the wolf control objective in the WCFA is to reduce wolf numbers by at least 60-80 percent; the pre-control estimate within the WCFA is 80 wolves; the pre-control wolf population in Unit 21(E) is estimated at 150; a minimum of 30 wolves post-control in Unit 21(E) will ensure that wolves persist in Unit 21(E);
(D) the black bear control objective in the BCFA is to reduce black bear numbers to the lowest level possible; the pre-control black bear population in Unit 21(E) is estimated at 1,900-2,275; the pre-control estimate within the BCFA is 130-160; because the BCFA is a relatively small geographic area, removing black bears from within it will have only a minor effect on the black bear population in Unit 21(E);
(E) the brown bear control objective in the BCFA is to reduce brown bear numbers to the lowest level possible; the pre-control brown bear population in Unit 21(E) is estimated at 100-200; the pre-control estimate within the BCFA is 10-15; because the BCFA is a relatively small geographic area, removing brown bears from within it will have only a minor effect on the brown bear population in Unit 21(E);
(4) board findings concerning populations and human use are as follows:
(A) a proactive approach is needed to allow for a timely response to a decline in the Unit 21(E) moose population if IM population and harvest objectives have not been met;
(B) predation by wolves and bears is an important cause of failure to achieve population or harvest objectives;
(C) a reduction of wolf and bear predation within the WCFA and BCFA can reasonably be expected to make progress towards achieving the Unit 21(E) IM objectives;
(D) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;
(E) reducing predation is likely to be effective given land ownership patterns;
(5) if the moose density in Unit 21(E) declines to fewer than 1.0 moose per square mile (corrected for sightability) then authorized methods and means are as follows:
(A) hunting and trapping of wolves and hunting of black bears and brown bears by the public in Unit 21(E) during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including use of motorized vehicles;
(B) notwithstanding any other provisions in this title, the commissioner may allow department employees to conduct aerial, land and shoot, or ground-based lethal removal of wolves and black bears and brown bears using state-owned, privately-owned, or chartered equipment, including helicopters, under AS 16.05.783;
(C) notwithstanding any other provisions in this title, the commissioner may issue public aerial shooting permits and public land and shoot permits using fixed-wing aircraft as a method of wolf removal under AS 16.05.783;
(6) time frame is as follows:
(A) before July 1, 2030, the commissioner may authorize removal of wolves and black bears and brown bears in Unit 21(E);
(B) annually, upon implementation of predation control, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the moose, wolf and bear populations, and recommendations for changes, if necessary to achieve the objectives of the plan;
(7) the commissioner will review, modify or suspend program activities as follows:
(A) when wolf surveys or accumulated information from department personnel, hunters, trappers, and permittees indicate the need to avoid reducing wolf numbers in Unit 21(E) below 30 wolves;
(B) when the moose density and harvest objectives within the WCFA specified in this subsection are achieved.
(c)Unit 24(B) Predation Control Area: the Unit 24(B) Predation Control Area is established and consists of those portions of the Koyukuk River drainage within Unit 24(B), encompassing approximately 13,523 square miles; this predation control program does not apply to any National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; notwithstanding any other provisions in this title, and based on the following information contained in this subsection, the commissioner or the commissioner's designee may conduct a wolf population reduction or wolf population regulation program in Unit 24(B):
(1) an Upper Koyukuk Management Area (UKMA) is established within the Unit 24(B) Predation Control Area encompassing approximately 1,360 square miles surrounding the villages of Alatna and Allakaket and bounded to the north at 66º 52' N. lat., to the east at 152º 10' W. long., to the south at 66º 10' N. lat., and to the west at 153º 45' W. long.; the UKMA does not delineate a moose or wolf population and is not intended to distinguish animals within the UKMA from populations in Unit 24(B); the purpose of the UKMA is to focus wolf control in an area where moose are accessible to hunters, rather than spread this effort over the entire game management unit; wolf control will be conducted only within the UKMA; through the department's permitting authorities, the department has the discretion to adjust the area's size and shape to include up to 20 percent (approximately 2,700 square miles) of Unit 24(B) if necessary;
(2) this is an experimental program that will have limited impact on the moose and wolf populations in Unit 24(B); it is designed primarily to reallocate moose from wolves to humans in the UKMA and is expected to make only a small contribution to the intensive management moose harvest objective in Unit 24(B); at the end of the authorized period for removal of wolves, the control program will be terminated;
(3) moose and wolf objectives are as follows:
(A) the moose intensive management objectives established by the board for Unit 24(B) are for a population of 4,000 - 4,500 moose and an annual harvest of 150 - 250 moose;
(B) the moose harvest objective for the UKMA is for an annual harvest of 35 - 40 moose by fall 2017;
(C) the wolf population control objective for Unit 24(B) is 100 - 140 wolves; the pre-control wolf population in Unit 24(B) was estimated in fall 2008 at 202 - 284 wolves; a minimum population of 100 wolves is approximately a 50 percent reduction from the pre-control population and will assure that wolves persist as part of the natural ecosystem in Unit 24(B) and assure continued wolf hunting, trapping, and viewing opportunities;
(D) the wolf control objective in the UKMA is to reduce wolf numbers to the lowest level possible; in fall 2010, the estimated maximum number of wolves in the UKMA was 25 - 60 wolves;
(4) the board's findings concerning populations and human use are as follows:
(A) the Unit 24(B) moose population and harvest objectives have not been achieved based on the following:
(i) in early winter 2010 the observable moose population size in Unit 24(B) was estimated at 1,800 - 3,400 moose (0.13 - 0.25 moose per square mile), based on extrapolation of population estimates from survey areas in the unit, including all or parts of the UKMA, Kanuti National Wildlife Refuge, and Gates of the Arctic National Park and Preserve; during regulatory years 2008 - 2009 through 2010 - 2011, estimated annual harvest in Unit 24(B) was 82 - 109 moose;
(ii) in early winter 2010, the number of observable moose within the UKMA was estimated at 405 (90 percent confidence interval: plus or minus 96); estimates of annual harvest from the UKMA are not available; however, the division of subsistence household surveys from the villages of Alatna and Allakaket within the UKMA indicated moose harvest during 1997 - 2002 averaged approximately 40 moose per year; the division of wildlife conservation estimated current reported and unreported harvest in Alatna and Allakaket is 15 - 20 moose annually; based on resident testimonials, cost to obtain a moose has increased due to declining moose densities and increasing fuel costs;
(B) predation by bears and wolves is an important cause of the failure to achieve moose population and harvest objectives based on the following:
(i) moose surveys in Unit 24(B) during spring 2008 - 2011 indicated high twinning rates (average 57 percent), thus good body condition; fall composition surveys in Unit 24(B) indicated high productivity, with calf-to-cow ratios averaging 44 calves per 100 cows, but cohort survival was low with yearling bulls averaging 11 per 100 cows; these survey data and a predicted calving rate of 80 percent indicate more calves are lost during summer due primarily to bear predation than winter due primarily to wolf predation;
(ii) studies from Interior Alaska have documented bears as the primary source of neonatal moose mortality, whereas wolves are the primary predator of moose greater than 12 months of age; based on radiocollared adults in Units 24(A) and 24(B) in 2008 - 2009, annual adult mortality is approximately 8 - 10 percent;
(C) a reduction of wolf predation within the UKMA can reasonably be expected to make progress towards achieving the Unit 24(B) intensive management objectives; modeling of the current moose abundance in the UKMA using estimated abundance of 45 - 55 wolves, 75 black bears, 25 brown bears, 405 (plus or minus 96) moose, and a harvest of 20 moose annually, indicated that moose abundance should slowly increase in response to wolf control that increases calf and yearling moose survival; wolf control alone likely will result in a positive response in moose abundance after five winters of control, including reallocation of some surviving moose to harvest;
(D) reducing predation is likely to be effective and feasible utilizing recognized and prudent active management techniques and based on scientific information; based on survey results indicating wolf predation is an important source of mortality, reducing wolves in a small geographic area will likely result in increased moose survival and additional animals available for hunter harvest; harvest data will be collected using harvest ticket or registration permit reports, household surveys, and other reporting mechanisms such as calendars for recording hunting activities; moose population data collection will include abundance, calf-to-cow ratio, and yearling bull-to-cow ratio from population estimation surveys and calf survival and yearling survival from radiocollared moose;
(E) reducing predation is likely to be effective given land ownership patterns; the UKMA was selected based on land ownership status (minimizing federal lands), proximity to traditional moose hunting areas for the villages of Allakaket and Alatna (maximizing inclusion of navigable river corridors), and habitat suitability; within the UKMA, 125 square miles (9.2 percent) is federal land (BLM/USFWS), 576 square miles (42.3 percent) is Alaska Native corporation land, 659 square miles (48.4 percent) is state lands;
(5) the permissible authorized methods and means used to take wolves are as follows:
(A) hunting and trapping of wolves by the public in Unit 24(B) during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including use of motorized vehicles as provided in 5 AAC 92.080;
(B) notwithstanding any other provisions in this title, the commissioner may allow department employees to conduct aerial, land and shoot, or ground-based lethal removal of wolves using state-owned, privately-owned, or chartered equipment, including helicopters, under AS 16.05.783;
(C) notwithstanding any other provisions in this title, the commissioner may issue public aerial shooting permits or public land and shoot permits using fixed-wing aircraft as a method of wolf removal under AS 16.05.783;
(6) the anticipated time frame and schedule for update and reevalutation are as follows:
(A) through June 30, 2018, the commissioner may authorize removal of wolves in Unit 24(B);
(B) annually, the department shall, to the extent practicable, provide to the board a report of program activities conducted during the preceding 12 months, including implementation activities, the status of the moose and wolf populations, and recommendations for changes, if necessary to achieve the objectives of the plan;
(7) the commissioner will review, modify, or suspend program activities when the wolf surveys or accumulated information from department personnel, hunters, trappers, and permittees indicate the need to avoid reducing wolf numbers in Unit 24(B) below the control objective of 100 wolves specified in this subsection.

5 AAC 92.124

Eff. 10/1/93, Register 127; am 8/18/95, Register 135; am 7/1/96, Register 138; add'l am 7/1/96, Register 138; am 7/27/97, Register 143; am 2/22/2000, Register 153; am 7/1/2000, Register 154; am 7/19/2000, Register 155; am 1/3/2001, Register 156; am 7/1/2001, Register 158; am 8/22/2001, Register 159; am 7/26/2003, Register 167; am 7/1/2004, Register 170; am 1/1/2005, Register 172; am 7/1/2005, Register 174; am 1/26/2006, Register 177; am 6/24/2006, Register 178; am 9/1/2006, Register 179; am 7/1/2007, Register 182; am 3/21/2008, Register 186; am 5/20/2008, Register 186; am 5/21/2009, Register 190; am 7/1/2009, Register 190; am 5/16/2010, Register 194; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 12/15/2010, Register 196; am 1/29/2011, Register 197; am 5/14/2011, Register 198; am 7/1/2011, Register 198; am 3/24/2012, Register 201; am 4/1/2012, Register 201; am 7/1/2012, Register 202; am 7/1/2017,Register 222, July 2017; am 7/28/2023, Register 247; am 8/10/2024, Register 251, October 2024

As of Register 203 (October 2012), and acting under AS 44.62. 125(b)(6), the regulations attorney made technical revisions to 5 AAC 92, replacing former 5 AAC 92.125 with smaller sections to facilitate printing of the regulations in the Alaska Administrative Code. As part of those revisions, material formerly set out in 5 AAC 92.125(n) and (r) was relocated to 5 AAC 92.124 without substantive change. The history note and authority citation for 5 AAC 92.124 carry forward the history of, and authority for, former 5 AAC 92.125.

Authority:AS 16.05.255

AS 16.05.270

AS 16.05.783