Alaska Administrative Code › Title 5 - Fish and Game › Part 3 - Game › Chapter 92 - Statewide Provisions › Article 2 - Licenses, Harvest Tickets, Harvest Reports, Tags, and Fees › 5 AAC 92.019 - Taking of big game for certain religious ceremonies

Current through May 31, 2024
(a) The hunting and
				  taking of game species having a positive finding in
				  5 AAC 99.025, outside the seasons or bag limits
				  established in 5 AAC 85, for use in this state as food in customary and
				  traditional Alaska Native funerary or mortuary religious ceremonies within 12
				  months preceding the ceremony is authorized if consistent with sustained yield
				  principles.
(b) The department
				  shall publicize a list of game populations and areas, if any, for which the
				  taking of game is inconsistent with sustained yield principles. It is the
				  hunter's responsibility to contact the department to find out which game
				  populations and areas are excluded from taking under this regulation.
(c) A written permit from the department is
				  not required for taking game under this section, except that in nonsubsistence
				  areas, described in
				  5 AAC 99.015, and the Gulkana, Cantwell, Chistochina,
				  Gakona, Mentasta, Tazlina, Chitina, and Kluti Kaah Community Harvest Area
				  defined in 5 AAC 92.074(d), a
				  ceremonial harvest report form, provided by the department, must be obtained
				  and jointly completed by the hunter and the tribal chief, village council
				  president, clan leader, traditional Native head of family, or clan leader's
				  designee for the village associated with the customary and traditional Alaska
				  Native funerary or mortuary religious ceremony.
(d) Before game is taken under this section a
				  tribal chief, village council president, clan leader, traditional Native head
				  of family, or the chief's, president's, traditional Native head of family, or
				  clan leader's designee for the village associated with the religious ceremony,
				  must notify the nearest office of the department that a hunt for game will take
				  place. The notification must include the number of animals expected to be taken
				  and the location where the taking will occur. The tribal chief, village council
				  president, clan leader, traditional Native head of family, or designee must
				  maintain records of the successful hunters and the decedents for the ceremony,
				  and make that information available to an authorized representative of the
				  department upon request. The tribal chief, village council president, clan
				  leader, traditional Native head of family, or designee must notify the
				  department of the location, species, sex, and number of animals taken under
				  this section as soon as practicable, but not more than 15 days after the taking
				  of game.
(e) It is an affirmative
				  defense to a prosecution for hunting or taking big game outside the season or
				  bag limit restrictions established in 5 AAC 85 that
(1) the person is a resident of this
				  state;
(2) the hunting or taking
				  was authorized under this section and the meat was used in a customary and
				  traditional Alaska Native funeral or mortuary religious ceremony; and
(3) if the person took big game, the
				  requirements of (d) of this section have been met.