5 AAC 92.029: PERMIT FOR POSSESSING LIVE GAME | STATE OF ALASKA

Except as otherwise provided in this chapter, or in AS 16, no person may possess, import, release, export, or assist in importing, releasing, or exporting, live game, unless the person holds a permit issued by the department.

1. The following species, not including a hybrid of a game animal and a species listed in this subsection, may be possessed, imported, exported, bought, sold, or traded without a permit from the department but may not be released into the wild:

1. The department may not issue a permit for the capture, possession, import, or export of any game animal, including a hybrid of a game animal and a species listed in (b) of this section, for use as a pet.
2. Under this section, and in accordance with the definition of "game" in AS 16.05.940 (which includes feral domestic animals), a
   1. European ferret (Mustela putorius furo), swine (Sus scrofa Var.), or nonindigenous gallinaceous bird, is feral if the animal is not under direct control of the owner, including being confined in a cage or other physical structure, or being restrained on a leash. The commissioner may capture, destroy, or dispose of any feral ferret, feral swine, or feral nonindigenous gallinaceous bird in an appropriate manner;
   2. muskoxen, bison, or reindeer that is lawfully owned, or an elk held under a valid game mammal farming license, that is not confined or is not under positive control is feral unless the animal is a free-ranging animal under a state or federal grazing lease; however
      1. a person who can demonstrate ownership of the animal may pursue and capture the animal within 48 hours after the animal escapes from confinement, without needing to obtain a permit from the department; a person who can demonstrate ownership of the animal may pursue and capture the animal more than 48 hours after the animal escapes from confinement only if the person obtains a permit from the department; any free-ranging muskoxen, bison, reindeer, or elk for which ownership cannot be demonstrated is presumed to be game;
      2. for purposes of this paragraph, ownership of an animal can be demonstrated only by means of a clearly visible permanent brand, ear tag, or owner's mark on the body of the animal.

   Any of the above species of bird, mammal, or reptile that is endangered may not be held in private ownership without a permit from the U.S. Fish and Wildlife Service. Notwithstanding (b) of this section the following species may be temporarily released for the purpose of hunting dog or falcon training, field trials, and tests:

   1. Pigeon (Columba livia Var.); Pheasant, Junglefowl, or Coturnix spp. (Subfamily Phasianinae); any Guineafowl species (Subfamily Numidinae); any New World Quail species (including Bobwhite) (Subfamily Odontophorinae); any duck, goose, swan, or other migratory waterfowl which the U.S. Fish and Wildlife Service has determined does not require a federal permit for private ownership; and
   2. chukar partridge (Alectoris chukar).

   A person using live game listed in (f) of this section for the purpose of hunting dog or falcon training, field trials, or tests:

   1. may release the game only on the day of use and shall make reasonable efforts to capture, kill, or recover such temporarily released live game; may take the live game in connection with hunting dog or falcon training, field trial, and test activities; and
   2. must legally acquire, hold, and dispose of the live game in accordance with all other applicable state statutes and regulations.

   Upon application, the board will add a species to the list in (b) of this section if there is clear and convincing evidence that the species:

   1. is not capable of surviving in the wild of Alaska; is not capable of causing a genetic alteration of a species that is indigenous to Alaska; is not capable of causing a significant reduction in the population of a species that is indigenous to Alaska; is not capable of transmitting a disease to a species that is indigenous to Alaska; and
   2. does not otherwise present a threat to the health or population of a species that is indigenous to Alaska.
3. The Board will remove a species from the list in (b) of this section if there is a preponderance of evidence that the species
   1. is capable of surviving in the wild of Alaska; is capable of causing a genetic alteration of a species that is indigenous to Alaska; is capable of causing a significant reduction in the population of a species that is indigenous to Alaska; is capable of transmitting a disease to a species that is indigenous to Alaska; or
   2. otherwise presents a threat to the health or population of a species that is indigenous to Alaska.