5 Alaska Admin. Code § 92.113

Current through September 25, 2024
Section 5 AAC 92.113 - Intensive Management Plans III
(a)Plans established. Intensive management plans for the following areas are established in this section:
(1) Upper Yukon - Tanana Predation Control Area in Units 12, 20(B), 20(D), 20(E), and 25(C);
(2) Unit 20(A) Wolf Predation Control Area;
(3) Unit 20(D) Wolf Predation Control Area;
(4) Units 12, 20(D), and 20(E) Predation Control Focus Area.
(b) The Upper Yukon - Tanana Predation Control Area (UYTPCA) is established to increase the Fortymile Caribou Herd (FCH) throughout its range to aid in achieving intensive management (1M) objectives; the control area includes that portion of Unit 12 north of the Alaska Highway, that portion of Unit 20(D) within the Goodpaster River drainage upstream from and including the South Fork Goodpaster River drainage, and within the Healy River, Billy Creek, and Sand Creek drainages, that portion of Unit 20(B) within the Salcha River drainage upstream from and including the Goose Creek drainage, and within the Middle Fork of the Chena River drainage, all of Unit 20(E), and that portion of Unit 25(C) within the Birch Creek drainage upstream from the Steese Highway Bridge, and within the area draining into the south and west bank of the Yukon River upstream from the community of Circle, encompassing approximately 18,750 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 section, the commissioner or the commissioner's designee may conduct a wolf population reduction or wolf population regulation program in the UYTPCA in Units 12, 20(B), 20(0), 20(E), and 25(C):
(1) this is a continuing control program that was first authorized by the Board of Game in 2004 for wolf and brown bear control to increase the moose population and harvest in northern Unit 12 and in Unit 20(E); in 2006, wolf control was expanded by the board to J increase the FCH population and harvest in its entire range; in 2009 bear control was deleted from the program because control methods available at the time were ineffective; the control program is currently designed to increase FCH caribou numbers and harvest by reducing predation on the FCH by wolves and is expected to make contributions to achieving the intensive management (IM) objectives for the FCH;
(2) caribou and wolf objectives are as follows:
(A) The IM population objective established by the board for the FCH is for a population of 50,000-100,000 caribou; the annual IM harvest objective established by the board for the FCH is 1,000-15,000 caribou:
(B) the wolf population objective for the wolf control area is 88 - 103 wolves; the pre-control wolf population in the wolf control area was estimated in fall of 2004 at 350 - 410 wolves; a minimum wolf population of 88 wolves is approximately a 75 percent reduction from the pre-control wolf population and will ensure that wolves persist in the plan area;
(3) the board's findings concerning FCH populations and human use are as follows:
(A) the FCH population and harvest are within the range of IM objectives:
(B) continued recovery of the FCH to a higher population and harvest within the range of the IM objectives is needed to provide for high levels of human consumptive use of the herd;
(C) predation by wolves is an important cause of the failure to achieve higher caribou population and harvest levels;
(D) a reduction of predation by wolves can reasonably be expected to aid in achieving higher prey population levels;
(E) reducing predation by wolves is likely to be effective and feasible utilizing recognized and prudent active management techniques and based on scientific information;
(F) reducing predation by wolves is likely to be effective given land ownership patterns;
(4) authorized methods and means are as follows:
(A) hunting and trapping of wolves by the public in the UYTPCA during the term of this program may occur as provided in the hunting and trapping regulations set out elsewhere in this title; may:
(B) notwithstanding any other provisions in this title, the commissioner may
(i) 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;
(ii) 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;
(iii) issue public permits to allow the use of privately-owned helicopters to trap and snare wolves and retrieve wolves trapped, snared, or shot under this program, including the use of helicopter to land and dispatch wolves on the ground that have been trapped, snared, or wounded by fixed-wing permittees as a method of wolf removal under AS 16.05.783;
(5) time frame is as follows:
(A) during July 1, 2020-June 30, 2026 the commissioner may authorize removal of wolves in the UYTPCA;
(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 FCH and wolf populations, and recommendations for changes, if necessary to achieve objectives of the plan;
(6) the commissioner will review, modify, or suspend wolf control activities when wolf surveys or accumulated information from department personnel, hunters, trappers, and pennittees indicate the need to avoid reducing wolf numbers in the UYTPCA below the control objective of 88 - 103 wolves specified in this subsection.
(c)Units 12, 20(D), and 20(E) Predation Control Focus Area. The Units 12, 20(D) and 20(E) Predation Control Focus Area (PCFA) is established and consists of all lands within Unit 12, encompassed by the area north of a line beginning at 63° 33.09' N. lat., 143° 16.20' W. long., westerly to 63° 30.27' N. lat., 143° 44.50' W. long.; Unit 20D, encompassed by the area northeast of a line beginning at 63° 40.00' N. lat., 143° 37.40' W. long., to 64° 04.20' N. lat., 144° 28.00' W. long., then northeasterly to 64° 14.30' N. lat., 143° 49.00' W. long.; Unit 20E, encompassed by the Fortymile River Drainage upstream of the confluences of the North Fork Fortymile River and South Fork Fortytmile River, excluding the Walker Fork Fortymile River drainage, the East Fork Fortymile River drainage, and the North Fork Fortymile River Drainage upstream from its confluence with the Middle Fork Fortymile River; this predation control program does not apply to any National Park Service or National Wildlife Refuge lands unless approved by the federal agencies; state and private lands are approximately 3,187 square miles: this area does not delineate a moose, wolf, or bear population and is not intended to distinguish animals with the focus area from populations in Unit 12, 20D, or 20E; the purpose is to focus wolf control on a relatively small area where moose numbers can be better estimated, where moose are accessible to hunters, and where harvest can be closely monitored; the area's objectives are as follows:
(1) this is a predator control program and habitat enhancement program designed to increase moose abundance and harvest by reducing predation on moose by wolves and improving habitat; the program is expected to contribute to achieving the intensive management (IM) objectives in the predation control focus area;
(2) moose and wolf objectives are as follows:
(A) moose IM population objectives for Units 12, 20(D), and 20(E) as established in 5 AAC 92.108 are 4,000 - 6,000, 8,000 - 10,000, and 8,000 - 10,000 moose, respectively; these objectives are within the range of historic population estimates;
(B) the moose population program objective within a 2,241 square mile Taylor Corridor Survey Area (TCSA) is 2,240 - 3,140 observable moose (1.0 - 1.4 moose per square mile) during late autumn surveys; these densities have been observed in recent years; this survey area overlaps the predation control focus area and allows monitoring of moose abundance consistent with earlier surveys;
(C) the wolf removal objective is to reduce wolves within the control area to the extent possible; the department has determined that wolves can be removed from public and private lands within the control area to the extent possible without affecting the sustainability of the wolf population in Units 12, 20(D), and 20(E) because the 4,757 square mile control area is approximately 2, 10, and 38 percent of Units 12, 20(D), and 20(E) respectively and does not include all lands that the wolf population occupies; the wolf objective for Unit 12 is to maintain a population of at least 100 wolves; the wolf objective for Unit 20D is to maintain a population of at least 15 wolves; the wolf objective for Unit 20E is to maintain a population of 60 wolves, these objectives can be confirmed outside the wolf control area using a minimum count or intensive aerial survey;
(3) findings concerning populations and human use are as follows:
(A) wolf predation is likely a factor in the failure to achieve moose population objectives;
(B) a reduction in wolf predation in Units 12, 20(D), and 20(E) may make progress toward achieving the Units 12, 20(D), and 20(E) IM harvest objectives for moose;
(C) reducing wolf predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;
(D) reducing wolf numbers is likely to be effective given land ownership patterns and past participation by the public, or if conducted by department personnel;
(4) if moose density in the TCSA declines to fewer than 1.0 moose per square mile for two consecutive surveys and the three-year average of moose twinning rates are above 20 percent, authorized methods and means are as follows:
(A) hunting and trapping of wolves by the public in the Units 12, 20(D), and 20(E) PCFA during the term of the program will occur as provided in the hunting and trapping regulations set out elsewhere in this title, including the use of motorized vehicles;
(B) notwithstanding any other provisions in this title, the commissioner may issue public aerial shooting permits or public land and shoot permits as a method for wolf removal under AS 16.05.783;
(C) the commissioner may allow department personnel to conduct aerial wolf removal using aircraft under AS 16.05.783;
(5) time frame is as follows:
(A) before July 1, 2030, the commissioner may authorize the removal of wolves in the Units 12, 20(D), and 20(E) PCFA;
(B) annually, to the extent practicable, the department shall 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
(6) the commissioner will review, modify, or suspend program activities as follows:
(A) when a density of 1.2 moose per square mile has been observed for two consecutive surveys within the TCSA;
(B) if, after three years, the harvest of wolves is not sufficient to make progress towards the IM population objectives for wolves;
(C) wolf predation control activities may be suspended
(i) if, after three years following a survey in the TCSA with a density of 1.2 moose per square mile, there is no increase in the total harvest of moose in the control area;
(ii) if, after three years, any measure such as twinning rates and short-yearling mass consistent with significant levels of nutritional stress in the moose population is identified;
(iii) when the moose population and harvest objectives within Units 12, 20(D), and 20(E) have been met;
(iv) if the moose population exceeds a density of 1.2 moose per square mile for two consecutive TCSA surveys; or
(v) in a regulatory year if the wolf objective is met in a subunit containing the predation control focus area;
(7) the department may plan and execute habitat enhancement projects in areas identified for improvement based on evidence at the landscape or population level through prescribed burns, wildfire, or mechanical means; habitat enhancement is intended to increase the potential moose carrying capacity in the Units 12, 20(D), and 20(E) Predation Control Focus Area.
(d) In this section,
(1) "IM" means intensive management;
(2) "PCFA" means predation control focus area;
(3) "TCSA" means Taylor Corridor Survey Area.
(d)Unit 20(D) Wolf Predation Control Area: the Unit 20(D) Wolf Predation Control Area is established and consists of Unit 20(D), except for the portions of Unit 20(D) within the Ft. Greely Military Reservation in accordance with 5 AAC 92.110, the commissioner or the commissioner's designee may conduct a wolf population reduction or wolf population regulation program in the Unit 20(D) Wolf Predation Control Area consistent with the following program objectives, methods, constraints, and requirements:
(1) the objectives for the program are as follows:
(A) to increase the Unit 20(D) fall moose population to 8,000 - 10,000 moose with a sustainable harvest of 500 - 700 moose per year;
(B) to reverse the decline of the Macomb caribou herd and increase the fall population to 600 - 800 caribou with a sustainable harvest of 30 - 50 caribou per year;
(2) if the commissioner or the commissioner's designee conducts a wolf population reduction or a wolf population regulation program, the program must be conducted in the following manner to achieve the objectives in (1) of this subsection:
(A) for up to five years beginning July 1, 2004, the commissioner may reduce the wolf population in Unit 20(D); however, the commissioner may not reduce the wolf population within the Unit 20(D) wolf predation control area to fewer than 25 percent of the early-winter wolf population before initiation of the program; and
(B) the commissioner shall reduce the wolf population in an efficient manner, but as safely and humanely as practical;
(3) hunting and trapping of wolves by the public in Unit 20(D) during the term of the program may occur as provided in the hunting and trapping regulations set out elsewhere in this title, including the use of motorized vehicles as provided in 5 AAC 92.080; however, if the wolf population is reduced to 25 percent of the early-winter, pre-control size, the commissioner shall stop all taking of wolves until the wolf population increases;
(4) annually, the department shall, to the extent practicable, provide to the board, at the board's spring board meeting, a report of program activities conducted during the preceding 12 months, including implementation activities, the status of prey and predator populations, and recommendations for changes, if necessary, to achieve the plan's objectives;
(5) justification for the program, and wildlife population and human use information, is as follows:
(A) consumptive use of moose and caribou has been a priority human use of wildlife in Unit 20(D) for decades; human demand for harvest of these species remains high in Unit 20(D); the board determined the moose population in Unit 20(D) and the Macomb caribou herd are important for providing high levels of human consumptive use; the board established objectives for population size and annual sustained harvest of moose in Unit 20(D) and the Macomb caribou herd consistent with multiple use and principles of sound conservation and management of habitat and all wildlife species in the area; these objectives are to have a moose population of 8,000 - 10,000 with an annual sustainable harvest of 500 - 700 moose and to have 600 - 800 caribou in the Macomb herd with an annual sustainable harvest of 30 - 50 caribou;
(B) the Unit 20(D) moose population was estimated to be 6,002 - 7,770 moose in fall 2003 based on Geostatistical Population Estimation; the annual harvest from Unit 20(D) has averaged about 204 moose per year for the past five years; both the population size and harvest are well below the management objective levels;
(C) the moose population in Unit 20(D) is divided into three subpopulations for management purposes: northern Unit 20(D), southeastern Unit 20(D), and southwestern Unit 20(D);
(D) the northern Unit 20(D) moose population is estimated to be 2,070 - 2,719 moose; moose calf survival to fall was 18 calves to 100 cows in 1999; moose habitat quality is moderate in northern Unit 20(D), with extensive areas of subalpine habitat, lowland habitat associated with several major rivers and creeks, and numerous areas burned by wildfire within the last 1 - 30 years; the resident and nonresident hunting season is September 1 - 15 for any bull; during the last five years, an average of 261 hunters per year killed an average of 67 moose per year;
(E) the southwestern Unit 20(D) moose population is estimated to be 2,655 - 4,689 moose; moose calf survival to fall was 32 calves to 100 cows in 2003; moose habitat quality is good with extensive areas of subalpine habitat, several major wildfires in the 5 - 15 years, and large areas of cleared land that are revegetating with moose browse; the resident hunting season is September 1 - 15 for one bull with spike-fork or 50-inch antlers or antlers with four or more brow tines on at least one side; the nonresident season is September 5 - 15 for one bull with 50-inch antlers or antlers with four or more brow tines on at least one side; the Delta Junction Management Area and the Bison Range Youth Hunt Management Area is hunting by drawing permit within this portion of Unit 20(D); during the last five years, an average of 432 hunters per year killed an average of 118 moose per year;
(F) the southeastern Unit 20(D) moose population is estimated to be 544 - 1,162 moose; moose calf survival to fall was 24 calves to 100 cows in 2003; moose habitat quality is good with extensive areas of subalpine habitat and lowland habitat along the Tanana River; the resident hunting season is September 1 - 15 for any bull; there is no open season for nonresidents, except within a portion of the Robertson River drainage; the Macomb Plateau Controlled Use Area within this portion of Unit 20(D) restricts motorized access for hunting, and makes moose hunting difficult in much of this area; during the last five years, an average of 47 hunters per year killed an average of 13 moose per year during the general hunting season;
(G) the Unit 20(D) grizzly bear population can be estimated by extrapolation from bear research data collected in adjacent units; the extrapolated estimate for Unit 20(D) is 181 - 210 total grizzly bears, with 143 - 176 bears older than two years; the grizzly bear estimate for southeastern and southwestern Unit 20(D) combined is 76 - 86 total bears, including 51 - 58 bears older than two years; in northern Unit 20(D), the grizzly bear population is estimated to contain 105 - 124 total bears with 92 - 109 bears older than two years; human-caused grizzly bear mortality has averaged 14 bears per year for the last five years;
(H) black bears occur throughout Unit 20(D) at low to mid elevation; no estimate of black bear density or population size can be made; both black bears and grizzly bears are known to prey on moose in Unit 20(D), but the extent of predation has not been measured; human-caused black bear mortality has averaged 22 bears per year for the last five years;
(I) the Macomb caribou herd declined significantly in size from 800 caribou in fall 1990 to 458 in fall 1993; the herd increased to 550 - 575 by fall 2003 with a ratio of 19 calves to 100 cows;
(J) winter weather in Unit 20(D) has been moderate for the past five to eight years;
(K) extensive research in Alaska and northern Canada demonstrates the potential for naturally regulated wolf and bear populations to regulate moose numbers at densities well below the forage-carrying capacity of the habitat; potential harvest from such moose populations is low; it is likely that the moose population in Unit 20(D) fits this pattern, particularly in northern Unit 20(D); unless combined wolf and bear predation is reduced, the moose population will not increase to objective levels in spite of mild weather, abundant high quality forage, and restrictive hunter harvest;
(L) bear regulations have been liberalized in portions of Unit 20(D) for several years; in parts of the unit, grizzly numbers are probably reduced somewhat as a result of hunter harvest and other human-caused mortality; no corresponding increase in moose or caribou numbers or harvestable surplus is evident as a result;
(M) the fall 2002 wolf population is estimated to be 88 - 98 based on aerial surveys, incidental observations, sealing records, and interviews with knowledgeable trappers; an average of 38 (41 percent of the population) wolves per year have been taken by hunting and trapping during the past five years; this is below the harvest necessary to result in a population reduction; in addition several packs in northern Unit 20(D) were treated during the Fortymile Nonlethal Predation Control Program and still contain sterilized pairs of wolves;
(N) if local hunters and trappers do not achieve adequate wolf reductions, the commissioner may issue public aerial shooting permits or public land and shoot permits as a method of wolf removal under AS 16.05.783; if this is unsuccessful in achieving adequate reduction of wolf numbers, the commissioner may implement aerial shooting by the department.

5 AAC 92.113

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; 7/1/2014, Register 210, July 2014; am 7/1/2020, Register 234, July 2020; am 8/10/2024, Register 251, October 2024

Authority:AS 16.05.255

AS 16.05.270

AS 16.05.783