5 Alaska Admin. Code § 92.123

Current through September 25, 2024
Section 5 AAC 92.123 - Intensive Management Plans VII
(a)Plans established. Intensive management plans for the following areas are established in this section:
(1) Unit 19(E) Predation Control Area;
(2) Unit 19(D)-East Predation Control Area.
(3) Unit 19(C) Predation Control Area;
(4) Unit 19(A) Predation Control Area;
(b)Unit 19(E) Predation Control Area: the Unit 19(E) Predation Control Area is established and consists of those portions of the Kuskokwim River drainage within Unit 19(E), encompassing approximately 4,269 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 and black bear and brown bear population reduction or a wolf and black bear and brown bear population regulation program in Unit 19(E) to benefit moose; the area's objectives are as follows:
(1) the following wolf and bear predation control focus areas are established in the Unit 19(E) Predation Control Area; the areas do not delineate a moose, wolf, or bear population and are not intended to distinguish animals within the focus areas from populations in Unit 19(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; predation control focus areas under this paragraph consist of the following:
(A) the Wolf Predation Control Focus Area (WPCFA) encompasses approximately 3,905 square miles within all Unit 19(E) drainages of the Kuskokwim River upstream from and including the Holitna River Drainage; wolf control will be conducted only within the WPCFA; the department has the discretion to adjust the focus area's size and shape to include up to approximately 4,400 square miles of Unit 19(E);
(B) the Black Bear and Brown Bear Predation Control Focus Area (BPCFA) encompasses approximately 534 square miles consisting of those portions of the Kuskokwim River drainage within the area enclosed by a line starting at Sleetmute at 61° 42.00' N. lat., 157° 10.00' W. long., then east to 61° 42.00' N. lat., 157° 00.00' W. long., then north to 61° 44.00' N. lat., 157° 00.00' W. long., then east to 61° 44.00' N. lat., 156° 55.00' W. long., then north to 61° 46.00' N. lat., 156° 55.00' W. long., then east to 61° 46.00' N. lat., 156° 50.00' W. long, then north to 61° 48.00' N. lat., 156° 50.00' W. long., then east to 61° 48.00' N. lat, 156° 45.00' W. long., then north to 61° 50.00' N. lat, 156° 45.00' W. long, then east to 61° 50.00' N. lat, 156° 30.00' W. long, then south to 61° 40.00' N. lat, 156° 30.00' W. long, then west to 61° 40.00' N. lat, 156° 45.00' W. long., then south to 61° 18.00' N. lat., 156° 45.00' W. long., then west to 61° 18.00'N.lat., 157° 15.00'W. long., then north to 61° 24.00'N. lat., 157° 15.00'W. long., then east to 61° 24.00' N. lat., 157° 10.00' W. long., then north to 61° 42.00' N. lat., 157° 10.00' W. long.; bear control will be conducted only within the BPCFA; the department may adjust the area's size and shape up to approximately 800 square miles of Unit 19(E); the BPCFA is mostly within the WPCFA;
(2) this is a continuing control program that was first authorized by the board in 2004 for wolf control, with bear control added by the board in 2012; it is currently designed to increase moose numbers and harvest in the WPCFA and BPCFA by reducing predation on moose and is expected to make a contribution to achieving the intensive management (IM) objectives in Unit 19(E);
(3) moose, wolf, black bear, and brown bear objectives are as follows:
(A) the IM population objective established by the board for Unit 19(E) is 3,300 - 4,000 moose; the IM moose harvest objective for Unit 19(E) is 130 - 160 moose annually;
(B) the density objective for moose in the WPCFA is 1.0 moose per square mile (corrected for sightability) during late winter surveys; the annual moose harvest objective for the area is 155 moose;
(C) the wolf control population objective in the WPCFA is to reduce wolf numbers by at least 60 - 80 percent; the pre-control estimate within the WCFA is 75 wolves; the pre-control wolf population in Unit 19(E) is estimated at 150 wolves; only removing wolves from the WPCFA will ensure that wolves persist in Unit 19(E);
(D) the black bear control objective in the BPCFA is to reduce black bear numbers to the lowest level possible; the pre-control black bear population in Unit 19(E) is estimated at 2,500 - 3,000 black bears; the pre-control estimate within the area is 92-102 black bears; because the BPCFA is a relatively small geographic area, removing black bears from within the BPCFA will have only a minor effect on the black bear population in Unit 19(E);
(E) the brown bear control objective in the BPCFA is to reduce brown bear numbers to the lowest level possible; the pre-control brown bear population in Unit 19(E) is estimated at 180 - 210 brown bears; the pre-control estimate within the BPCFA is 10 - 15 brown bears; because the BPCFA is a relatively small geographic area, removing brown bears from within the BPCFA will have only a minor effect on the brown bear population in Unit 19(E);
(4) board findings concerning populations and human use are as follows:
(A) the Unit 19(E) IM moose population and harvest objectives have not been achieved;
(B) the WPCFA objectives for moose density and moose harvest have not been achieved;
(C) predation by wolves and bears is an important cause of the failure to achieve moose population and harvest objectives;
(D) a reduction of wolf and bear predation within the WPCFA and BPCFA can reasonably be expected to make progress towards achieving the Unit 19(E) IM objectives;
(E) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques based on scientific information;
(F) reducing predation is likely to be effective given land ownership patterns;
(5) 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 19(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, privatelyowned, 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) 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 19(E);
(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, 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 the moose density and harvest objectives specified in this subsection are achieved within the WPCFA;
(B) if any measure consistent with signs of nutritional stress in the moose population are identified.
(c)Unit 19(D)-East Predation Control Area: the Unit 19(D)-East Predation Control Area is established and consists of those portions of the Kuskokwim River drainage within Unit 19(D) upstream from the Selatna River drainage but excluding the Black River drainage, encompassing approximately 8,513 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 and a black bear and a brown bear population reduction or a wolf and a black bear and a brown bear population regulation program in Unit 19(D)-East to benefit moose:
(1) the following Wolf and Bear Predation Control Focus Areas are established in the Unit 19(D)-East Predation Control Area; the areas do not delineate a moose, wolf, or bear population and are not intended to distinguish animals within the focus areas from populations in Unit 19(D)-East; 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 5,579 square miles within that portion of Unit 19(D) upstream of the Selatna River drainage, but excluding the Black River drainage, and downstream of but not including/Fourth of July Creek, the Swift Fork, or the Slow Fork and Tonzona River drainages east of 153° 10.00' W. long wolf control will be conducted only within the WCFA; the department will have the discretion to adjust the WCFA's size and shape to include up to approximately 6,000 square mites of Unit 19(D)-East;
(B) the Black Bear and Brown Bear Predation Control Focus Area (BCFA) encompasses approximately 528 square miles consisting of those portions of the Kuskokwim River drainage enclosed by a line starting at a point northwest of McGrath at 63° 04.00' N.lat., 155° 50.00' W. long., then east to 63° 04.00' N. lat., 154° 50.00' W. long., then south to 62° 54.00' N. lat., 154° 50.00' W. long., then west to 62° 54.00' N. lat., 155° 25.00' W. long., then south to 62° 50.00' N. lat., 155° 25.00' W. long., then west to 62° 50.00' N.lat., 155° 30.00' W.long., then south to 62° 48.00' N. lat., 155° 30.00' W. long., then west to 62° 48.00' N. lat., 155° 35.00' W. long., then south to 62° 42.00' N. lat., 155° 35.00' W.long., then west to 62° 42.00' N. lat., 155° 55.00' W.long., then north to 62° 50.00' N.lat., 155° 55.00' W. long., then east to 62° 50.00' N.lat., 155° 50.00' W. long., then north to the point of beginning at 63° 04.00' N. lat., 155° 50.00' W. long., surrounding the village of McGrath; bear control will be conducted only within the BCFA; the department will have the discretion to adjust the BCF A's size and shape up to approximately 680 square miles of Unit 19(D)-East; the BCFA is within the WCFA;
(2) this is a continuing control program that was first authorized by the board in 1995; wolf control began in winter 2003 - 2004 and bear control began with nonlethal removal of bears in the BCF A during May 2003 and May 2004; the control program is currently designed to increase moose numbers and harvest in the WCF A and BCF A by reducing predation on moose and is expected to make a contribution to achieving the intensive management (IM) objectives in Unit 19(D)-East;
(3) moose, wolf, black bear, and brown bear objectives are as follows:
(A) moose IM objectives established by the board for Unit 19(D)-East are for a population of 6,000 - 8,000 moose and an annual harvest of 400 - 600 moose;
(B) the density objective for moose in the WCFA is 1.0 moose per square mile (corrected for suitability) in fall surveys; the annual harvest objective for the WCFA is 225 moose;
(C) the wolf control objective in the WCFA is to reduce wolf numbers by at least 60-80 percent: the pre-control wolf population in Unit 19(D)-East was estimated in February 2001 at 198 wolves; the 2001 pre-control estimate within the WCFA is 130 wolves; only removing wolves from the WCFA will ensure that wolves persist in Unit 19(D)-East;
(D) the black hear control objective in the BCFA is to reduce black bear numbers to the lowest level possible; the pre-control black bear population in Unit 19(D)-East was estimated at 1,700 black bear; the pre-control black bear population estimate within the BCFA was approximately 130 black bear; because the BCFA is a relatively small geographic area, removing black bears from within the BCFA will have only a minor effect on the black bear population in Unit 19(D)-East;
(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 19(D)-East was 128 black bears; the pre-control brown bear population estimate within the BCFA was nine; because the BCFA is a relatively small geographic area, removing brown bears from within the BCFA will have only a minor effect on the brown hear population in Unit 19(D)-East;
(4) board findings concerning populations and human use are as follows:
(A) the Unit 19(D)-East moose harvest objective has not been achieved;
(B) the WCFA objective for moose harvest has not been achieved;
(C) predation by wolves and bears is an important cause of the failure to achieve population and harvest objectives;
(D) a reduction of wolf and bear predation within the WCFA and BCFA can reasonably be expected to make progress towards achieving the Unit 19(D)-East intensive management objectives;
(E) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;
(F) reducing predation is likely to be effective given land ownership patterns;
(5) 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 19(D)-East 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 or 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 19(D)-East;
(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, 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 when:
(A) the moose density and harvest objectives specified in this subsection are achieved within the WCFA;
(B) any measure consistent with signs of nutritional stress in the moose population are identified.
(d)Unit 19(C) Predation Control Area. The Unit 19(C) Predation Control Area is established and consists of all lands within Unit 19(C) (6,711 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; state and private lands are approximately 5,368 square miles, and multiple predator control areas may be utilized within the management area; however, the combined active control areas are limited to a total of 3,700 square miles, which is approximately 55 percent of the management area. The control program for this area is as follows:
(1) this is a predator control program designed to increase moose abundance and harvest by reducing predation on moose by wolves; the program is expected to contribute to the intensive management (IM) objectives in Unit 19(C);
(2) moose and wolf objectives are as follows:
(A) moose IM population objectives for Unit 19(C) as established in 5 AAC 92.108 are 4,400 - 5,000 moose;
(B) the bull-to-cow objective is 20-25:100 for Unit 19(C); this objective is within the range of historic composition rates;
(C) the moose harvest objective for Unit 19(C) is 175 - 200 moose; this range includes historic harvest levels;
(D) 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 Unit 19(C) because the control area is approximately 55 percent of Unit 19(C) and does not include all lands that the wolf population occupies; this would result in a population of no less than 60 wolves, or 45 percent of the pre-control estimate of wolf abundance in the entire subunit;
(3) findings concerning populations and human use are as follows:
(A) the Unit 19(C) IM moose population and harvest objectives have not been achieved;
(B) wolf predation is likely a factor in the failure to achieve moose population and harvest objectives;
(C) a reduction in wolf predation in Unit 19(C) might make progress toward achieving the Unit 19(C) IM harvest objectives for moose;
(D) reducing wolf predation
(i) has a high probability of positively impacting moose abundance; and
(ii) is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;
(E) reducing wolf numbers is likely to be effective given land ownership patterns with either public or department participation;
(4) authorized methods and means are as follows:
(A) hunting and trapping of wolves by the public in the Unit 19(C) Predation Control Area 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) department personnel will be allowed 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 Unit 19(C) Predation Control Area;
(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;
(6) the commissioner will review, modify, or suspend program activities as follows:
(A) when the mid-point of the IM population and harvest objectives for the moose population are achieved;
(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 supended
(i) if, after three years, there is no detectable 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 Unit 19(C) have been met.
(e)Unit 19(A) Predation Control Area: the Unit 19(A) Predation Control Area is established and consists of those portions of the Kuskokwim River drainage within Unit 19(A), encompassing approximately 5,703 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 population reduction or a wolf population regulation program in Unit 19(A) to benefit moose; the programs objectives are as follows:
(1) the following wolf predation control focus area is established in the Unit 19(A) Predation Control Area; the area does not delineate a moose, or wolf population and is not intended to distinguish animals within the area from populations in Unit 19(A); the purpose is to focus wolf 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; the Wolf Predation Control Focus Area (WPCFA) encompasses approximately 2,380 square miles within all Unit 19(A) drainages of the Kuskokwim River downstream of the Holokuk River; wolf control will be conducted only within the WPCFA; the department may adjust the area's size and shape to include up to approximately 3,000 square miles of Unit 19(A);
(2) this program is designed to increase moose numbers and harvest in the WPCFA by reducing predation on moose and is expected to make a contribution toward achieving the intensive management (IM) objectives in Unit 19(A);
(3) moose and wolf objectives are as follows:
(A) the IM population objective established by the board for Unit 19(A) is 4,300 - 5,300 moose; the IM moose harvest objective for Unit 19(A) is 175 - 225 moose annually;
(B) the density objective for moose in the WPCFA is 1.0 moose per square mile (corrected for sightability) during late winter surveys; the annual moose harvest objective for the WCFA is 100 moose;
(C) the wolf control population objective in the WPCFA is to reduce wolf numbers by at least 60 - 80 percent; the pre-control estimate within the WCFA is 35 wolves; the pre-control wolf population in Unit 19(A) is estimated at 85; only removing wolves from the WCFA will ensure that wolves persist in Unit 19(A);
(4) board findings concerning populations and human use are as follows:
(A) the Unit 19(A) IM moose population objective has been met; the Unit 19(A) IM harvest objective has not been achieved;
(B) the WPCFA objective for moose density has been met but moose harvest has not been achieved;
(C) predation by wolves is an important cause of the failure to achieve moose population and harvest objectives;
(D) a reduction of wolf predation within the WPCFA can reasonably be expected to make progress towards achieving the Unit 19(A) IM objectives;
(E) reducing predation is likely to be effective and feasible using recognized and prudent active management techniques and based on scientific information;
(F) reducing predation is likely to be effective given land ownership patterns;
(5) authorized methods and means are as follows:
(A) hunting and trapping of wolves by the public in Unit 19(A) 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 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) time frame is as follows:
(A) before July 1, 2030, the commissioner may authorize removal of wolves in Unit 19(A);
(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 as follows:
(A) when the moose density and harvest objectives specified in this subsection are achieved within the WPCFA;
(B) when any measure consistent with signs of nutritional stress in the moose population is identified.(f) In this section,
(1) "IM" means intensive management;
(2) "BPCFA" means Black Bear and Brown Bear Predation Control Focus Area;
(3) "WPCFA" means Wolf Predation Control Focus Area.

5 AAC 92.123

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