Alaska Administrative Code › Title 5 - Fish and Game › Part 3 - Game › Chapter 92 - Statewide Provisions › Article 20 - Definitions › 5 AAC 92.990 - Definitions

Current through May 31, 2024
(a) In addition to
				  the definitions in
				  AS
				  16.05.940, in 5 AAC 84 - 5 AAC 92, unless the
				  context requires otherwise;
(1) "airport"
				  means an airport listed in the current Federal Aviation Administration Alaska
				  supplement and aviation chart;
(2)
				  "animal" means any species with a vertebral column (backbone);
(3) "antler" means the annually cast and
				  regenerated bony growth originating from the pedicle portion of the skull in
				  members of the deer family;
(4)
				  "antlerless" means the absence of an antler;
(5) "ATV"
(A) means a motorized tracked vehicle, or a
				  vehicle with four or more wheels, operated on land weighing less than 1,000
				  pounds dry weight;
(B) does not
				  include a snowmachine;
(6) "bag limit" means the maximum number of
				  animals of any one game species a person may take in a unit or portion of a
				  unit in which the taking occurs; an animal disturbed in the course of legal
				  hunting does not count towards a bag limit;
(7) "bait" means any material excluding scent
				  lures, that is placed to attract an animal by its sense of smell or taste;
				  "bait" does not include those parts of legally taken animals that are not
				  required to be salvaged as edible meat if the parts are not moved from the kill
				  site;
(8) "barbed" means, in the
				  case of an arrowhead, having any fixed portion of the rear edge of the
				  arrowhead forming an angle less than 90 degrees with the shaft when measured
				  from the nock end of the arrow; a notch or space of no more than two
				  millimeters between the base of the blade and the shaft shall not be considered
				  a barb;
(9) "big game" means black
				  bear, brown bear, bison, caribou, Sitka black-tailed deer, elk, mountain goat,
				  moose, muskox, Dall sheep, wolf, and wolverine; "big game", for the purposes of
				  a youth hunt, does not include bison or muskox;
(10) "boat" means a vehicle, vessel, or
				  watercraft operated in or on water deep enough to float it at rest and includes
				  hovercraft, airboats, personal watercraft, and amphibious vehicles;
(11) "bow" means a long bow, recurve bow, or
				  compound bow that is a device for launching an arrow which derives its
				  propulsive energy solely from the bending and recovery of two limbs, and that
				  is hand-held and hand-drawn by a single and direct pulling action of the
				  bowstring by the shooter with the shooter's fingers or a hand-held or
				  wrist-attached release aid; the energy used to propel the arrow may not be
				  derived from hydraulic, pneumatic, explosive, or mechanical devices, but may be
				  derived from the mechanical advantage provided by wheels or cams if the
				  available energy is stored in the bent limbs of the bow; no portion of the
				  bow's riser (handle) or an attachment to the bow's riser may contact, support,
				  or guide the arrow from a point rearward of the bowstring when strung and at
				  rest; "bow" does not include a crossbow or any device that has a gun-type stock
				  or incorporates any mechanism that holds the bowstring at partial or full draw
				  without the shooter's muscle power;
(12) "broadhead" means a fixed, replaceable,
				  or mechanical/retractable blade-type arrowhead that is not barbed, with two or
				  more sharp cutting edges having a minimum cutting diameter of not less than
				  seven-eighths inch;
(13) "brow
				  tine" means a tine emerging from the first branch or brow palm on the main beam
				  of a moose antler; the brow palm is separated from the main palm by a wide bay;
				  a tine originating in or after this bay is not a brow tine; an antler point or
				  tine originating within two inches from the base, and less than three inches in
				  length, will not be counted as a brow tine;
(14) "brown bear" means Ursus arctos
				  including grizzly bears; the terms brown bear and grizzly bear are
				  synonymous;
(15) "buck" means any
				  male Sitka black-tailed deer;
(16)
				  "bull moose" means a male moose;
(17) "calf" means a moose, caribou, elk,
				  muskox, or bison less than 12 months old;
(18) "closed season" means the time when game
				  may not be taken;
(19) "crossbow"
				  means a bow, mounted on a stock, which mechanically holds the string at partial
				  or full draw, that shoots projectiles which are generally called bolts or
				  quarrels;
(20) "cub bear" means a
				  brown/grizzly bear in its first or second year of life, or a black bear
				  (including the cinnamon and blue phases) in its first year of life;
(21) "deleterious exotic wildlife" includes
(A) English sparrow;
(B) raccoon;
(C) starling;
(D) unconfined or unrestrained
(i) Belgian hare;
(ii) Muridae rodent;
(iii) rockdove;
(E) feral
(i) ferret;
(ii) swine;
(F) Eurasian collared dove;
(22) "dire emergency" means a
				  situation in which a person
(A) is in a
				  remote area;
(B) is involuntarily
				  experiencing an absence of food required to sustain life;
(C) will be unable to perform the functions
				  necessary for survival, leading to a high risk of death or serious and
				  permanent health problems, if wild game food is not immediately taken and
				  consumed; and
(D) cannot expect to
				  obtain other food sources in time to avoid the consequences described in (C) of
				  this paragraph;
(23)
				  "domicile" means the location of a person's primary residence; evidence of
				  domicile includes
(A) a statement made to
				  obtain a license to drive, hunt, fish, or engage in an activity regulated by a
				  government entity;
(B) an affidavit
				  of the person, or of another person who may know of that person's
				  domicile;
(C) the place of voter
				  registration;
(D) the location of a
				  residence owned, rented, or leased;
(E) the location where household goods are
				  stored;
(F) the location of a
				  business owned or operated;
(G) the
				  residence of a spouse or minor children or dependents;
(H) a government to which a tax is paid;
				  and
(I) evidence indicating whether
				  the person has claimed residence in another location for the purpose of
				  obtaining benefits provided by the government in that location;
(24) "drainage" means the area of
				  land drained by a creek, stream, or river, unless further defined in
				  regulation;
(25) "drawing permit"
				  means a permit issued to a person who is one of a limited number of people
				  selected by means of a lottery held for people who have submitted a valid
				  application for the permit and who agree to abide by the conditions specified
				  for each hunt;
(26) "edible meat"
				  means, in the case of a big game animal, except a bear, the meat of the ribs,
				  neck, brisket, front quarters, hindquarters, and the meat along the backbone
				  between the front and hindquarters; in the case of a bear, the meat of the
				  front quarters and hindquarters and meat along the backbone (backstrap); in the
				  case of small game birds, except for cranes, geese, and swan, the meat of the
				  breast; in the case of cranes, geese, and swan, the meat of the breast, the
				  meat of the legs (femur and tibia-fibula), and the meat of the upper wings
				  humerus; however, "edible meat" of big game or small game birds does not
				  include meat of the head, meat that has been damaged and made inedible by the
				  method of taking, bones, sinew, incidental meat reasonably lost as a result of
				  boning or a close trimming of the bones, or viscera;
(27) "falconry" means the sport of taking
				  game by means of a trained raptor;
(28) "field" has the meaning given in
				  AS
				  08.54.790;
(29) "front quarter" means the front leg and
				  shoulder, including the scapula, as far as the distal joint of the
				  radius-ulna;
(30) "full-curl horn"
				  of a male (ram) Dall sheep means that
(A) the
				  tip of at least one horn has grown through 360 degrees of a circle described by
				  the outer surface of the horn, as viewed from the side, or
(B) both horn tips are broken; broken means
				  the lamb tip is completely absent; horn tips that are chipped or cracked are
				  not broken if any portion of the lamb tip is present; characteristics of the
				  lamb tip include:
(i) a length of less than
				  four inches,
(ii) the inside
				  surface of the lamb tip is distinctly concave when compared to the remainder of
				  the horn, and
(iii) the lamb tip is
				  the section of a horn that is grown during the first six months of a sheep's
				  life and is the section of horn distal of the first annulus, which is the
				  swelling of the horn that forms during the first winter of life, or
(C) the sheep is at least eight
				  years of age as determined by horn growth annuli;
(31) "fur animal" means a beaver, coyote,
				  arctic fox, red fox, lynx, flying squirrel, ground squirrel, or red squirrel
				  that has not been domestically raised; "fur animal" is a classification of
				  animals subject to taking with a hunting license;
(32) "furbearer" means a beaver, black bear,
				  coyote, arctic fox, red fox, lynx, fisher, marten, mink, least weasel,
				  short-tailed weasel, muskrat, land otter, red squirrel, flying squirrel, ground
				  squirrel, Alaskan marmot, hoary marmot, woodchuck, wolf, or wolverine;
				  "furbearer" is a classification of animals subject to taking with a trapping
				  license;
(33) "handicraft" means a
				  finished product in which the shape or appearance of the natural material has
				  been substantially changed by skillful use of the hands, such as by sewing,
				  carving, etching, scrimshawing, painting, or other means, and which has
				  substantially greater monetary and aesthetic value than the unaltered natural
				  material alone;
(34) "harass" means
				  to repeatedly approach an animal in a manner which results in the animal
				  altering its behavior;
(35)
				  "harvest objective" is the human consumptive use goal set by the board in
				  consultation with the department, and means the number of animals to be made
				  available for human harvest from a game population or portion of that
				  population on an annual basis;
(36)
				  "hide" means any untanned external covering of any game animal's body, but does
				  not include a handicraft or other finished product; "hide" of a bear means the
				  entire external covering with claws attached;
(37) "highway" means the driveable surface of
				  a constructed road;
(38)
				  "hindquarter" means the hind leg, excluding the pelvis, as far as the distal
				  joint of the tibia-fibula (hock);
(39) "household" means that group of people
				  domiciled in the same residence;
(40) "hunting area" for a species means that
				  portion of a game management unit in which a season and a bag limit for that
				  species are set out in 5 AAC 85;
(41) "inboard motor" includes a motor located
				  within the confines of a boat;
(42) "invasive species"
(A) means a nonnative species whose
				  introduction does or is likely to cause economic or environmental harm or harm
				  to human health; this
(B) includes
				  deleterious exotic wildlife;
(43) "jaw spread" means the distance between
				  the inside of the jaws of a trap measured on a line perpendicular to a line
				  drawn through the jaw pivot points when the trap is in a set
				  position;
(44) "jet aircraft" means
				  an aircraft powered by an engine or engines that have no external
				  propellers;
(45) "mechanical
				  blade-type broadhead" and "retractable blade-type broad head" means a broadhead
				  with cutting edges that are retracted during flight and open upon impact to a
				  minimum cutting diameter of not less than seven-eighths inch and does not lock
				  open after impact to create fixed barbs;
(46) "moose antler" definitions:
(A) "50-inch antlers" means the antlers of a
				  bull moose with a spread of 50 inches or more measured in a straight line
				  perpendicular to the center line of the skull;
(B) "spike-fork antlers" means antlers of a
				  bull moose with only one or two tines on at least one antler; male calves are
				  not considered spike-fork bulls; spike-fork bulls can be either spike or fork
				  on both sides, or spike and fork;
(C) "spike" means antlers of a bull moose
				  with only one tine on at least one antler; for the purposes of this
				  subparagraph, male calves are not considered spike bulls;
(D) "fork" mean antlers of a bull moose with
				  only two tines on at least one antler;
(47) "motorized land vehicle" means a
				  motorized vehicle operated on land, and includes hovercraft and
				  airboats;
(48) "motorized vehicle"
				  means a motor-driven land, water, or air conveyance;
(49) "Muridae rodent" includes true mice and
				  rats, gerbils, and their relatives;
(50) "muzzleloader" means a firearm for which
				  firing components are loaded into the muzzle end of the firearm;
(51) "naturally shed antler" means any
				  portion of an antler that has the base (burr) intact and that has not been
				  physically removed from the skull by cutting, sawing, or breaking;
(52) "nonresident" includes a nonresident
				  alien as defined in
				  AS
				  16.05.940;
(53) "nuisance wildlife" includes
(A) a feral domestic bird or mammal,
				  deleterious exotic wildlife, unclassified game, small game, fur animals or
				  furbearers, except wolf, wolverine, or lynx, or migratory bird for which there
				  is a federal depredation order for this state issued under
				   50
				  C.F.R. Sec. 21.43 ;
(B) an animal that
(i) invades or comes to occupy a dwelling,
				  vessel, vehicle, structure, or storage container;
(ii) causes property damage; or
(iii) is an invasive species or introduced
				  nonnative species that poses immediate or long-term threats to human health,
				  safety, or property or to native wildlife, wildlife health, or
				  habitat;
(54)
				  "open season" means the time when game may be taken; an open season includes
				  the first and last days of the period prescribed;
(55) "peace officer" means a police officer
				  of the state or a person authorized by the commissioner of the Department of
				  Fish and Game under
				  AS
				  16.05.150;
(56) "peak draw weight" means the peak
				  poundage at which a bow is drawn through or held at full draw by the shooter at
				  the shooter's draw length;
(57)
				  "pelt" has the same meaning as "hide";
(58) "permit hunt" means a hunt for which a
				  permit is issued on a drawing, registration, subsistence, or targeted hunt
				  basis;
(59) "person" means a
				  natural person and does not include a corporation, company, partnership, firm,
				  association, organization, business trust, or society;
(60) "personally accompanied" means staying
				  within 100 yards of the person being accompanied at the point where an attempt
				  to take game is made;
(61) "point"
				  means any antler projection that is at least one inch long, and that is longer
				  than it is wide, measured one inch or more from the tip; an antler point or
				  tine originating within two inches from the base, and less than three inches in
				  length, will not be counted as a tine;
(62) "poison" means a substance that is toxic
				  or poisonous upon contact or ingestion;
(63) "population objective" means the desired
				  size of a game population or portion of that population, set by the board in
				  consultation with the department;
(64) "possession limit",
(A) for migratory game birds, means the
				  maximum number of lawfully taken migratory game birds of a single species or
				  designated aggregate of species that may be possessed by any one person in any
				  specified geographic area for which a possession limit is prescribed;
(B) for resident game birds, means whole
				  birds or the edible meat of game birds, excluding those that are canned,
				  frozen, smoked, dried or otherwise processed for human consumption after a
				  15-day period;
(65)
				  "processed for human consumption" means prepared for immediate consumption or
				  prepared in such a manner, and in an existing state of preservation, as to be
				  fit for human consumption after a 15-day period;
(66) "property" means
(A) a dwelling, permanent or
				  temporary;
(B) an aircraft, boat,
				  automobile, or other conveyance;
(C) a domesticated animal;
(D) fenced gardens and landscaped plants,
				  excluding native vegetation;
(E)
				  other property of substantial value;
(67) "registration permit" means a hunting
				  permit issued to a person who agrees to the conditions specified for each hunt;
				  permits are issued in the order applications are received, and are issued
				  beginning on a date announced by the department and continuing
(A) throughout the open season, or until the
				  season is closed by emergency order when a harvest quota is reached;
				  or
(B) until a predetermined number
				  of permits have been issued;
(68) "regulatory year" means July 1 - June
				  30;
(69) "road-connected area"
				  means the location of domiciles that are normally accessed by motorized highway
				  vehicles operating on constructed roads that connect to the main highway system
				  in the relevant area, including roads that can be negotiated during any portion
				  of the year; in this paragraph, "normally accessed" means that it is reasonably
				  feasible to transport persons, food, and other supplies to domiciles by
				  motorized highway vehicles;
(70)
				  "salvage" means to transport the edible meat, heart, liver, kidneys, head,
				  skull, or hide, as required by statute or regulation, of a game animal or small
				  game bird to the location where the edible meat, heart, liver, or kidneys will
				  be consumed by humans or processed for human consumption in order to save or
				  prevent the edible meat, heart, liver, or kidneys from waste, and the head,
				  skull, or hide will be put to human use;
(71) "sealing" means the placement of an
				  official marker or locking tag (seal) by an authorized representative of the
				  Department of Fish and Game on an animal hide or skull, and may include;
(A) collecting and recording biological
				  information concerning the conditions under which the animal was
				  taken;
(B) measuring the specimen
				  submitted for sealing; and
(C)
				  retaining specific portions of the animal for biological information, such as a
				  pre-molar tooth from a bear;
(72) "7/8 curl horn" means the horn of a
				  mature male Dall sheep, the tip of which has grown through seven-eighths of a
				  circle (315°), described by the outer surface of the horn, as viewed from
				  the side, or with both horn tips broken;
(73) "skin" has the same meaning as
				  "hide";
(74) "small game" means all
				  species of grouse, hare, other than Belgian hare, ptarmigan, waterfowl, crane,
				  and snipe;
(75) "snowmachine" means
				  a motor vehicle of 850 pounds or less gross vehicle weight, primarily designed
				  to travel over snow, and supported, in part by skis, belts, or tracks;
				  "snowmachine" includes the motor vehicle commonly known as a
				  snowmobile;
(76) "targeted permit"
				  means a permit issued on short notice and a lottery basis to an applicant who
				  has previously registered and is willing to participate in a hunt under short
				  notice;
(77) "3/4 curl horn" means
				  the horn of a mature male Dall sheep, the tip of which has grown through
				  three-quarters of a circle (270°), described by the outer surface of the
				  horn, as viewed from the side;
(78)
				  "Tier I" means the circumstance where the board has identified a game
				  population that is customarily and traditionally used for subsistence and where
				  it is anticipated that a reasonable opportunity can be provided to all
				  residents who desire to engage in that subsistence use;
(79) "Tier II" means the circumstance where
				  the board has identified a game population that is customarily and
				  traditionally used for subsistence and where, even after nonsubsistence uses
				  are eliminated, it is anticipated that a reasonable opportunity to engage in
				  that subsistence use cannot be provided to all residents eligible at Tier I who
				  desire to participate;
(80) "tine"
				  has the same meaning as "point";
(81) "transport" means to ship, carry,
				  import, export, or receive or deliver for shipment, carriage, or
				  export;
(82) "trophy" means a mount
				  of a big game animal, including the skin of the head (cape) or the entire skin,
				  in a lifelike representation of the animal, including a lifelike representation
				  made from any part of a big game animal; "trophy" also includes a "European
				  mount" in which the horns or antlers and the skull or a portion of the skull
				  are mounted for display;
(83)
				  "unclassified game" means any species of game not otherwise classified in this
				  section as "big game," "deleterious exotic wildlife," "fur animal,"
				  "furbearer," or "small game";
(84)
				  "unit" means one of the 26 geographical areas defined in
				  5 AAC 92.450;
(85) "within the second degree of kindred"
				  means a mother, father, brother, sister, son, daughter, spouse, grandparent,
				  grandchild, brother- or sister-in-law, son- or daughter-in-law, father- or
				  mother-in-law, step-father, step-mother, step-sister, step-brother, step-son,
				  and step-daughter;
(86) "year"
				  means calendar year unless another year is specified;
(87) "youth hunt" means a hunt limited to a
				  child aged 10 to 17 and an accompanying adult; if the child is a
(A) resident, the accompanying adult may be
				  any licensed resident hunter 21 years of age or older;
(B) nonresident, the accompanying adult must
				  be a licensed resident hunter 21 years of age or older who is a parent,
				  stepparent, or legal guardian of the child;
(88) "wireless communication" means
				  electronic communication of any form that is transmitted through the air
				  without requiring any cable or wires between two or more devices;
(89) "previously purchasing" means fully paid
				  for and in possession of the hunter before hunting, pursuing, or attempting to
				  take game; in this paragraph, "take" has the meaning given in
				  AS
				  16.05.940.